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HomeMy WebLinkAboutMIN COUNCIL 2020-04-22 2018-2020 Hawaii County Council 371h Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii April 22, 2020 INVOCATION: Pastor Stanley Imaino of Thy Word Ministries gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:05 a.m. by Ms. Karen Eoff, Acting Chair. ROLL CALL: Present: Ms. Karen Eoff, Vice Chair(via videoconference from Kona) Ms. Maile Medeiros David, Member (via videoconference from Kona) Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member Ms. Susan L. K. Lee Loy, Member Ms. Valerie T. Poindexter, Member Mr. Herbert M. "Tim" Richards, III, Member(via videoconference from Waimea) Ms. Rebecca Villegas, Member (via videoconference from Kona) Absent& Excused: Mr. Aaron S. Y. Chung, Chair PLEDGE OF The Acting Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Ms. David led the Council in the Pledge of Allegiance.) PETITIONS, The Acting Chair directed the Council to proceed to the next order of business, MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (There were none.) EXPRESSIONS OF CONDOLENCE: COMMUNI- The Acting Chair directed the Council to proceed to the next order of business, CATIONS: Communications. Hawaii County Council-37 April 22,2020 Comm. 876: REQUESTS A BREIFING FROM ROSS BIRCH, EXECUTIVE DIRECTOR OF THE ISLAND OF HAWAII VISITORS BUREAU, REGARDING ECONOMIC RECOVERY EFFORTS From Council Member Valerie T. Poindexter, dated April 14, 2020. Waived: GREDC Motion to Close File: Ms. Poindexter moved to close file on Comm. 876. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Okay, thank you. So we are ready to go ahead with Communication 876. And I believe Mr. Ross Birch is going to join us via Zoom. And hopefully everybody has a printout of his PowerPoint. MS. POINDEXTER: Hi, Chair. ACTING CHR. EOFF: Ms. Poindexter. MS. POINDEXTER: Yeah. As everybody knows I'm real vocal about tourism at this time so I asked Ross if it would be possible to share what the Hawaii Visitors Bureau is doing regarding the economic recovery efforts. And also that, you know, he's been the one, and correct me if I'm wrong, Ross, but going to the airport doing the official counts of who's coming in from out of state. So I thought it was real important for us to hear from him at this point. So Ross, do you want to just give us an introduction and go into your presentation? MR. BIRCH: Sure. I'm going to share my screen here as well. Yeah, it's been quite a wild ride that we've had, especially in tourism. This is an overused word, unprecedented, beyond anything we've ever seen from a tourism standpoint. But our number one focus and as you'll see in my reporting here, the number one focus is the mitigation of COVID-19. We have to get to a complete stopping area before we can start again. So we've redirected a lot of our resources in those efforts to make sure that the safety of our residents is first and foremost as we move forward. So with that I'll go ahead and get into the presentation. (Note: At this time, Executive Director Ross Birch provided a PowerPoint presentation to the members of the Council. For viewing of the subject presentation, see the DVD copy of the meeting proceedings on file in the Clerk's Office. A copy of the presentation is made a part of the record, see Comm. 876.1.) MR. BIRCH: I appreciate it. Hopefully I've kept everybody in it and I didn't overload you too much at this point. Hopefully I can start giving you a little bit more regular updates. Page 2 Hawaii County Council-37 April 22,2020 MS. POINDEXTER: Yeah. Thank you, Ross. This is Val Poindexter. And I appreciate the information. And I just wanted to say,just a shout out to the Hawaii Tourism Authority for funding the Hotels for Heroes and also to those hotels who have agreed to participate in that program. I really appreciate it because what that means is if they're open then we have employees there, and that's great. Talking about employees rolling out, you know, when you talk about rolling it out and how do we bring tourism back. I'm hoping that you're talking also about how you roll it out. And I would hope that it would be trying to secure rooms at hotels versus marketing more vacation rentals because the hotels is where employees need to be back at work so they can feed their families and support their families. So I'm hoping that your committee is thinking about that as well. MR. BIRCH: Yeah. That's almost a little bit out of our hands there. But that's a great subject you bring up. In order to bring employees back to work we need to bring in hotels that employ those workers. We need to bring back the jobs first and if we can bring hotels back online and maybe hesitate a little bit in our bringing back the vacation rentals market and slow that process a little, I think we're going to get workers back in place a lot quicker. On that way, get occupancies a little bit higher for the hotels. And then as the occupancies grow they start bringing back more and more workers. MS. POINDEXTER: Yeah. Thank you. So I'll yield at this time. And then, Ross, you're available to each and every one of us on a one to one conference call and if our constituents have any questions. MR. BIRCH: Absolutely, any time. MS. POINDEXTER: Thank you. I yield. Okay. Thank you, Madam Chair. ACTING CHR. EOFF: Thank you, Ms. Poindexter. And thank you very much, Ross. I'd like to see if any Council Members have questions for you. In Hilo, anybody have questions or comments? MR. HENRICKS: Not on this side, Madam Chair. ACTING CHR. EOFF: Okay. Thank you. Ms. Villegas. MS. VILLEGAS: Aloha, Mr. Birch. Thank you for being here today and for this lengthy presentation with so much statistical backup to what's going on that we're all seeing but it's helpful to have the actual numbers. I also just want to express a personal mahalo for being the one at the airports. I have a number of friends that work at the airport that see you there constantly, and they have wonderful things to say about your willingness to be of service in that physical format on the daily. Page 3 Hawaii County Council-37 April 22,2020 So thank you for doing that. It's extremely helpful and I know for myself I have more confidence in the numbers we're receiving knowing the person who's out there gathering them. Just a couple of things I wanted to kind of point out, or just kind of part of my hope is as we're looking at, you know, we're so heavily reliant on tourism and this crisis is another opportunity for us to take a look at the opportunities to diversify our economy and what we rely on for our income and our workers. So I just want to make sure and just suggest, encourage, plead, that as you continue to have conversations with people on the state level and within the visitors bureau that we continue to take a look at and consider the opportunity, I know Maui is doing it, for grants in support of agriculture, increasing our food production which can also be tied into visitor experience with agri-tourism. I just want to kind of throw those things out there as opportunities for diversifying how and what we base our economy on. And that, as you said, we are starting at zero. So as we rebuild we have an opportunity to rebuild it better and stronger and more sustainable. And while this is a health crisis, we also as a state and a country and a global community are looking at climate change crises that we're seeing in different capacities. So I just want to make sure that is something that's in all of our minds as we navigate this process. We want to return to full health. And we want to return to a robust economy. But it needs to be, should be, and could be ideally an economy that's more diversified and provides for more self- sufficiency for us as an island, as a county, and as a state. So thanks for your continued support in those efforts. Mahalo. ACTING CHR. EOFF: Thank you, Ms. Villegas. Any other comments, Council Members? MR. KANEALI`I-KLEINFELDER: Ms. Chair? ACTING CHR. EOFF: Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. Ross, I have a question. Given that tourism is a huge part of our economy here on the Big Island, what is a very realistic date that we can expect tourism in your opinion? I know you gave us a lot of information today. But in your opinion, when are we going to see a number comparable to what we had, you know,prior to the eruption? MR. BIRCH: Well we had those numbers beyond in January and February. What I'm afraid of is I think travel in general is changing. And I think many people are looking at just what we're doing today. Instead of me driving to Hilo or Kona, I'm logging in online. And I think many groups, larger groups now, are Page 4 Hawaii County Council-37 April 22,2020 going to start reconsidering what their conventions look like, what that type of business is going to look like down the line. A lot of people as well, unless travel is necessary, I think we're going to see a little slow down in general. That's going to affect our numbers overall. But I'm very confident that we have strong numbers on the books. I think those individuals will still be ready to come and travel and experience the island. But we're going to be looking at probably a 40, 50, 60 percent type of occupancy through the rest of the year from July on. We may get to 60 percent at the end of the year. And I would actually look at the entire year 2021 to take us to kind of get back to those same numbers that we had. MR. KANEALI`I-KLEINFELDER: So at least a year, year and a half out before we start seeing similar numbers to, I'm going to say pre-eruption, when we lost a huge portion of our income from short-term vacation rental loss and hotel industry as well. MR. BIRCH: Yeah. It's going to still be quite a long time in the process to get back to those numbers, I feel. It always takes a little while to recover for us especially. I do think that between all of the islands we probably have a little bit more of an advantage given this specific situation. But what I'd like to see is the numbers in a different way. I'd like to start seeing us do a 60 percent occupancy but achieving 90 percent of the revenues. Finding ways that we can create the process that we can get those lower numbers, creating experiences, spreading those finances through other areas like agri-tourism or opportunities that even, using our beloved Waipi`o Valley as an example of a revenue source, but also limit the accessibility. I think those are the kind of thoughts that we need to start going into now, is the more restrictive we make something or the more enticing it is, the more someone is willing to invest or pay more in it. And the quality of the experience is going to be there as well. So those are the kind of opportunities I see down the line. MR. KANEALI`I-KLEINFELDER: Okay. Mahalo for that. I'm trying to get a realistic timeline for what we can expect because we as a Council have to make some very hard decisions coming up for our budget and how we balance and how we move forward. And a lot of these are steady income streams that we use to make sure things can happen in our County. MR. BIRCH: Absolutely. MR. KANEALI`I-KLEINFELDER: I very much appreciate your presentation today. And mahalo to Val Poindexter for putting this together. And Rebecca, I completely echo your comments on agri-tourism and focus on sustainability in the meantime. Mahalo. ACTING CHR. EOFF: Any other comments? Page 5 Hawaii County Council-37 April 22,2020 MS. KIERKIEWICZ: Chair, I have a comment. ACTING CHR. EOFF: Okay. Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you so much. Thank you, Ross. Very enlightening presentation. And thank you, Val, for organizing this. Ross, I'm really happy to see a number of these reflection questions that industry is considering. You know, and I think my colleagues summed it up quite nicely. But we are at our most critical choice point as a state and as a county in terms of what we rely on for industry. And to have our state with the lowest unemployment numbers, suddenly we are leading the nation in the highest unemployment rate, it just exposes on how we've relied on tourism for so long, for too long. And so while I would like to see the industry come back, I just want to make sure that whatever plans are being developed we are doing tourism on our terms. And I'd like to see here that, you know, you're considering resident sentiment and that we are going to ensure that cultural and natural resources are included and protected. And that's very important because as locals we need to be able to access these resources ourselves, right? It's very frustrating to see others enjoying our resources more that locals. And so I'm wondering when we can expect visitor industry to share with community at large a more comprehensive plan about what tourism 2.0 will look like for our island and our state? MR. BIRCH: I think we're looking actually more back at the County itself or our legislators to come up with more of an outline of what the preference would be and to match it up. Otherwise, the industry is going to do what the industry does and we're going to market the way we market. And we're going to focus on bringing those numbers back and getting them here. I think we need to really look at the resources we have, how we manage the resources, and then how does tourism incorporate into those resources. And I think it has to come more from your side to us than us putting it out there because that's when it tends to get out of hand a little. MS. KIERKIEWICZ: Okay. So we'll be sure to ping Alan Oshima and their economic task force to ensure that, you know, we're creating an economy that is equitable and works for everyone. Thanks, Ross. I appreciate your time. MR. BIRCH: Thanks. ACTING CHR. EOFF: Okay. Thank you, Ms. Kierkiewicz. And thank you, Ross, for the statements you're making today. I really appreciate them and I believe that there's some connection we can make to the celebration of the 50'h anniversary of Earth Day which is actually today as well. And we do have to Page 6 Hawaii County Council-37 April 22,2020 pay attention now as we move forward and are starting from ground zero. I'm going to leave it at that. But thank you again. And we will vote to close file. All in favor please say "aye." Vote on Comm. 876: The motion to close file on Comm. 876 was carried by the Filed following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Chair Chung— 1. Excused: None. ACTING CHR. EOFF: Thank you. ORDER OF The Acting Chair directed the Council to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Res 568-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO A GRANT AGREEMENT WITH THE STATE OF HAWAII, PURSUANT TO HAWAII REVISED STATUTES 46-7, FAR A GRANT TO THE COUNTY OF HAWAII Authorizes a memorandum of agreement with the State of Hawaii to reimburse the County for overtime costs, supplies, equipment, and other expenses through December 31, 2019, in response to the protest activities related to the construction of the Thirty Meter Telescope on the summit of Mauna Kea. Reference: Comm. 855 Intr. by: Ms. David (B/R) Waive: FC Postponed: April 8, 2020 (Note: There is a motion by Ms. David, Seconded by Ms. Poindexter, to approve Res. 568-20.) ; and From Finance Director Deanna Sako dated April 9, 2020, transmitting proposed Comm. 855.1: amendments to Res. 568-20, and a revised memorandum of agreement. Motion to Amend: Ms. David moved to amend Res. 568-20 with the contents of Comm. 855.1. Seconded by Ms. Villegas. ACTING CHR. EOFF: Does everybody have Communication 855.1? I'm assuming we all have it. Ms. David, go ahead. Page 7 Hawaii County Council-37 April 22,2020 MS. DAVID: Yes. Thank you. And Mr. Clerk, in order to discuss the amendments do I do the motion toI see. And then I do the other motion. Okay, great. Thank you. This amendment we received I understand from the Finance Department is to just change the reference on the reimbursement to the County of Hawaii. And that's pretty much self-explanatory in the resolution. It also contains, as we all know, the end date of December 31, 2019, and the MOA (Memorandum of Agreement) I want to note also now contains the end date of December 31, 2019, and the entire remaining paragraph was deleted on the term. So aside from that I think those amendments are pretty self-explanatory. And it makes everything consistent with the end date of July 31, 2019. So with that, I yield for now to my other Council Members. ACTING CHR. EOFF: Thank you for that explanation. Council Members, are there any questions or comments regarding Communication 855.1? MR. KANEALI`I-KLEINFELDER: I have one question. ACTING CHR. EOFF: Okay. Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: This is more for the record. I just want to if the MOA is agreed upon by supporting the resolution today, I want to know if there's an ability for the parties involved to amend the MOA after the Council has approved it in the future without Council approval. That would be my one question that I would like to get an answer to today by Corporation Counsel. ACTING CHR. EOFF: Okay. Is Corporation Counsel available to address that? MR. HENRICKS: Madam Chair, this is the Clerk. No. But I would be surprised if they're not viewing the meeting right now. ACTING CHR. EOFF: Okay. And Ms. David may have a comment that may help. MR. KANEALI`I-KLEINFELDER: Okay. ACTING CHR. EOFF: I'm going to go ahead and ask for her speak. MS. DAVID: Thank you, Chair. And thank you, Mr. Kaneali`i-Kleinfelder, for that question. And I believe, my understanding, because we've made the changes to be consistent to the MOA having an end date of July—covering the end date of July 31" as well as the bill being for the exact amount of the expenses incurred by the County of Hawaii and the resolution having an end date, everything that we decide on today has that end date, relates to that end date. So I don't believeI Page 8 Hawaii County Council-37 April 22,2020 mean I could, you know, wait for Corporation Counsel to weigh in on this. But it covers the period up until December 2019. And there was really nothing that could be amended because the end date is already stated in the resolution. There is a time period for this. So I can't see, and that's why my reason to vote in favor of this because it's consistent and I think it's legally binding because of the end date. So whether it can happen in the futureI'm comfortable that this satisfies the concerns that were raised by the testifiers on this matter. And I believe that in order to bring this matter to a close we've covered everything that we can cover to make this a legal binding document with an end date. Anything more than that, anything after that is something brand new in my opinion. I don't know if that helps. An explanation that's the way I see this and I read this. It has an end date and I don't believe that it can come back around based on that. So if you still need the Corporation Counsel, I'll yield at this time. But I'm justifying my position and also I want to note the position of Dr. Noenoe, who I want to thank for her testimony that she sent in, in support of this, the resolution and the bill and the communication. But I also want to make note of her strong message to the Mayor and the County Administration regarding the subject matter. So with that, I yield. ACTING CHR. EOFF: Thank you, Ms. David. Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Mahalo, Ms. David. And I agree. I agree with both your knowledge because you have a very good law background and I would defer to your opinion on that. I also agree with the strength with Dr. Noenoe Wong-Wilson's support for this resolution. But her comments as far as following a process, my one concern that I still would like clarification on is Section 7 in the MOA, under amendments, and it says that if the parties agree upon any modification of any term or condition of this MOA well sorry. "If any modification of this MOA shall be effective only if made in writing and signed by duly authorized representatives of all parties here, too. If the parties agree upon any modification of any term or condition in this MOA, all the terms and conditions of this agreement which are not expressly modified shall remain in full force and effect." So I'm just looking for that clarification that given how things have been done in the past, that this is not an open door to come in and amend at the discretion of the parties involved to change any part of this agreement. And that I would just like to have clarification on. Unless I'm missing something and I'm open to comment here. But I just want to make sure that we're doing right by our community as we have in the past. MR. HENRICKS: Madam Chair? Page 9 Hawaii County Council-37 April 22,2020 ACTING CHR. EOFF: Mr. Clerk. MR. HENRICKS: Mr. Kamelamela says that he can come over if you would like, if that would be helpful. He can make his way over here. ACTING CHR. EOFF: Okay. Thank you. I'll open it up to anymore Council Members while we're waiting. And hopefully he can clear it up so we can vote on this matter. Any other Council Members who would like to speak at this time? MS. LEE LOY: Chair? ACTING CHR. EOFF: Ms. Lee Loy, I believe. MS. LEE LOY: Yes. Or we could lay this on the table and pick it up at the end and we could actually move through the rest of the agenda just as a matter of efficiency while we wait for Corporation Counsel. ACTING CHR. EOFF: Okay. Yeah, we could. Would you like to make that motion? Motion to Table: Ms. Lee Loy moved to table Res. 568-20. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8 Noes: None. Absent: Council Chair Chung— 1. Excused: None. ACTING CHR. EOFF: Motion carries. And we'll move to Resolution 577-20. Res 577-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE LIONS CLUB OF KONA COMMUNITY FOUNDATION INC., FOR EXPENSES RELATED TO ITS COMMUNITY OUTREACH PROJECT Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 865 Intr. by: Ms. Eoff Page 10 Hawaii County Council-37 April 22,2020 Vote on Res. 577-20: Ms. David moved to adopt Res. 577-20. Seconded by (Adopted) Ms. Lee Loy and was carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Chung and Villegas —2. Excused: None. ACTING CHR. EOFF: The motion carries. Thank you. Mr. Clerk, Resolution 578-20. Res 578-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE LIONS CLUB OF KONA COMMUNITY FOUNDATION INC., FOR EXPENSES RELATED TO ITS EDUCATIONAL OUTREACH EFFORTS Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 866 Intr. by: Ms. Villegas Vote on Res. 578-20: Ms. David moved to adopt Res. 578-20. Seconded by (Adopted) Ms. Poindexter and was carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Chung and Villegas —2. Excused: None. ACTING CHR. EOFF: The motion is approved. Moving on the Resolution 579-20. Page 11 Hawaii County Council-37 April 22,2020 Res 579-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE LIONS CLUB OF KONA COMMUNITY FOUNDATION INC., FOR EXPENSES RELATED TO ITS EDUCATIONAL OUTREACH EFFORTS Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 867 Intr. by: Ms. David Vote on Res. 579-20: Ms. David moved to adopt Res. 579-20. Seconded by (Adopted) Ms. Poindexter and was carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Chung and Villegas —2. Excused: None. ACTING CHR. EOFF: Motion carries. Moving on the Resolution 581-20. Res 581-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT Transfers $2,000 from the Department of Research and Development, Tourism Promotion account; and credits to the Clerk-Council Services —Contingency Relief account. Reference: Comm. 870 Intr. by: Ms. David (B/R) Waived: FC Vote on Res. 581-20: Ms. David moved to adopt Res. 581-20. Seconded by (Adopted) Ms. Poindexter and was carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Chung and Villegas —2. Excused: None. Page 12 Hawaii County Council-37 April 22,2020 ACTING CHR. EOFF: That motion carries. Moving to Resolution 582. Res 582-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT Transfers $4,158,221 from the Finance Administration and Budget Salaries and Wages account; and credits to various Department's Salaries and Wages accounts for third and fourth quarter Fiscal Year 2019-2020 overtime expenses. Reference: Comm. 871 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 582-20. Seconded by Ms. Poindexter. ACTING CHR. EOFF: Ms. David. MS. DAVID: I'm not sure if Director Sako is in the room for any questions. I believe this is pretty much the transfers to cover all of the period stated which is the Fiscal year 2019-2020 for third and fourth quarters. I don't have any questions. If someone else has, I'll yield at this time. ACTING CHR. EOFF: Okay. Comments, Council Members, questions? Is Ms. Sako available? MR. HENRICKS: She's not here right now. ACTING CHR. EOFF: Okay. MR. HENRICKS: Mr. Kaneali`i-Kleinfelder would like the floor. ACTING CHR. EOFF: Okay. Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I just have a comment. Thank you, Chair. So total overtime expended year-to-date is $15,186,032. This was set up this way, I think by Ms. Lee Loy and myself, so we could really understand how and where overtime is being expended in our County and so that it can be tracked. And going forward this coming year and for the next year after that we are going to need to be very aware of these kind of numbers. Overtime can be a hidden but very incredible expense for the County. And I know I've been given overtime in the past and previous jobs and I appreciated it. But we as a Council have to be very akamai when it comes to this kind of a figure and how we can use our Page 13 Hawaii County Council-37 April 22,2020 powers to start to limit these kinds of expenses. That's all I have to say. I don't have any questions for Deanna. This is an expended amount, an expected total. But I'm just making that comment for the record. Mahalo. ACTING CHR. EOFF: Okay. Thank you. Any other comments, Council Members? MR. HENRICKS: Ms. Lee Loy would like the floor. ACTING CHR. EOFF: Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. And yes, following up to Mr. Kaneali`i-Kleinfelder. This actually was a really great tool for us to understand the budget and actually how our budget is already fixed with overtime, and how we could actually look at ways of being more effective and more efficient. So thank you again, Mr. Kaneali`i-Kleinfelder, for supporting that when we moved the money during our last budget cycle. But now we also have how they spend it. First quarter, second quarter, third quarter, and then into the, you know, the home stretch. So I really do appreciate that exercise that we put together during our last budget cycle. So again, thank you, Mr. Kaneali`i-Kleinfelder. I yield. ACTING CHR. EOFF: Okay. Thank you, Ms. Lee Loy. If there are no other comments MR. HENRICKS: Madam Chair. Ms. Kierkiewicz would like the floor. ACTING CHR. EOFF: I'm sorry. Okay. Ms. Kierkiewicz. MS. KIERKIEWICZ: Sorry. Thanks, Chair. I totally agree with what my colleagues have pointed out. But I just want to make sure also that as we're going through budget, if we're going to be taking away overtime, let's be sure that we're understanding the kind of work that each of these departments are doing that kind of warrants these high overtime figures. And so if we're going to take this away, let's ensure that they're getting the support they need. If it's additional personnel, if it's contracting work out, I don't know. But let's just make sure that they have the support they need so they can still continue to deliver those essential services. Thank you, Chair. I yield. ACTING CHR. EOFF: Thank you. Are there any other comments? Okay. Hearing none, all in favor please say "aye." Page 14 Hawaii County Council-37 April 22,2020 Vote on Res. 582-20: The motion to adopt Res. 582-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. MS. LEE LOY: Chair. ACTING CHR. EOFF: Yes. MS. LEE LOY: Mr. Kamelamela is in the room. So if we'd like I can remove Resolution 568-20 from the table. ACTING CHR. EOFF: Okay. Motion to Remove Ms. Lee Loy moved to remove Res. 568-20 from the table. from Table: Seconded by Ms. Poindexter and carried by the following (Approved) voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Motion carries. Mr. Kamelamela. Thank you. Mr. Kaneali`i-Kleinfelder had a specific concern or a question. MR. HENRICKS: Madam Chair, before we proceed I just wanted to note for the record that we are currently on the motion to amend Resolution 568 with Communication 855.1. ACTING CHR. EOFF: Correct. MR. HENRICKS: Thank you. ACTING CHR. EOFF: So Mr. Kaneali`i-Kleinfelder, you could go ahead and restate the question. MR. KANEALI`I-KLEINFELDER: Mahalo. Thank you. Good morning, Joe. Page 15 Hawaii County Council-37 April 22,2020 (Note: At this time, Corporation Counsel Joseph Kamelamela came forward to address the members of the Council.) MR. KAMELAMELA: Good morning, Chair and members of the County Council. ACTING CHR. EOFF: Good morning. MR. KAMELAMELA: I did hear the question. So what I'll do is just to state on the record. The memorandum of agreement, it's basically for a grant. The state is giving us the money. I do understand that, you know, people don't understand sometimes why there's standard provisions in there for amendments. But it works both ways because if, for example, we find out we're owed more money, you know, I would like to get that opportunity to get more money. If it's something substantial, you know, I'm coming back here, you know, to let you guys know what we can do or what we should do. So I don't know if that answers your question but do you have any other follow up questions to that? MR. KANEALI`I-KLEINFELDER: Mahalo for coming over so quickly. I know you had to come over from your office. Mahalo, Joe. Thank you. My big question is if there's any amendments made, because it's allowable and it is maybe standard language in this agreement or to all agreements. Do the signing parties, you know, the Mayor, the Chief, Deanna, Claire Conners, do they have to come back in front of the Council if there's a substantial change made to the MOA? MR. KAMELAMELA: Well they don't have to but I will because I'm the one that signs the contract anyways. So I'll come back. MR. KANEALI`I-KLEINFELDER: Okay. So the language in this agreement we're going to stick to? MR. KAMELAMELA: Right. MR. KANEALI`I-KLEINFELDER: December 31, 2019 end date, reimbursed up to that date MR. KAMELAMELA: All of that. MR. KANEALI`I-KLEINFELDER: And then we changed it to say, the County will be reimbursed by the state for these things instead of HCPD (Hawai`i County Police Department) and the Office of the Mayor. So we're going to stick to these? Page 16 Hawaii County Council-37 April 22,2020 MR. KAMELAMELA: Yes. So all of the terms and conditions that's there is what the parties are agreeing to for this grant, the grant for reimbursement. MR. KANEALI`I-KLEINFELDER: And if there were any substantial changes made to this agreement then all parties would come back and MR. KAMELAMELA: Well I'm coming back. I don't know about the other people. But I'm coming back. MR. KANEALI`I-KLEINFELDER: Before any decisions can be made? MR. KAMELAMELA: Right. MR. KANEALI`I-KLEINFELDER: Okay. I wanted to get that on the record. Thank you, Joe. MR. KAMELAMELA: Okay. MR. KANEALI`I-KLEINFELDER: I appreciate your time. And thank you for coming. MR. KAMELAMELA: You're welcome. Be strong and be healthy you guys. ACTING CHR. EOFF: Thank you. MR. KANEALI`I-KLEINFELDER: Thank you, Joe. ACTING CHR. EOFF: Thank you very much, Mr. Kamelamela. Are there any further questions before we vote on this amendment? MR. KANEALI`I-KLEINFELDER: I'd just like toChair, if I can? ACTING CHR. EOFF: Go ahead. MR. KANEALI`I-KLEINFELDER: I'm just going to read one section of Ms. Wong-Wilson's support. And I'm just going to, and I quote, "I request that a strong message be given to the Mayor and Hawaii County Administration that they must follow the rule and intent of the law in the future and seek permission to enter such agreements before incurring the cost. This is the method which provides for the community to provide input into the decision making processes which govern us." I think that clearly sums up what a lot of the issues that we had as a Council on what the community had with the agreements that were put in front of us earlier Page 17 Hawaii County Council-37 April 22,2020 this year and last year. And I fully support that comment. And I appreciate everyone involved and the amount of time that's gone into taking care of this. So with that I yield. And mahalo for your patience. ACTING CHR. EOFF: Okay. Thank you very much. Any other comments? Okay. All in favor please say "aye." Vote on Motion The motion to amend Res. 568-20 with the contents of to Amend: Comm. 855.1 was carried by the following voice vote: (Approved) Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Ms. David. MS. DAVID: Yes. Thank you. I believe it's time now to make that motion to suspend our rules so we can discuss Resolution 568-20, as amended. Vote on Motion Ms. David moved to suspend Council Rule 24 to waive the to Suspend holdover for substantive amendment of Res. 568-20. Council Rules: Seconded by Ms. Villegas and carried by the following (Approved) voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Motion carries. Is there further discussion, Ms. David? MS. DAVID: Yes. I just would like to thank everyone, the public, the Finance Department, and Corporation Counsel for working on this and bringing this to a just and fair, as much as we possibly can, compromise in satisfying what we need to do to get ourselves reimbursed by the State. So thank you everybody for all of your help in getting this done. I yield. ACTING CHR. EOFF: Okay. Thank you, Ms. David. Any other comments, Council Members? Okay. Well I'd just like to ditto what Ms. David just said. I think it was a great exercise and I was also really inspired to see the positive Page 18 Hawaii County Council-37 April 22,2020 feedback from the community who was keeping track of everything that transpired. And we actually received written testimony to that effect and I think it was a good exercise in public participation as well as government being responsive. So I'd like to take a vote on Resolution 568-20, as amended, all in favor please say "aye." Vote on Res. 568-20: The motion to adopt Res. 568-20, as amended to Draft 2, Draft 2 was carried by the following voice vote: (Adopted) Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: And the motion carries. Okay, we can go back now to Resolution 584-20. Res. 584-20: TRANSFERS/ARRPOPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BOYS AND GIRLS CLUB OF THE BIG ISLAND FOR A REIMBURSEMENT OF EXPENSES RELATING TO ITS COMMUNITY FEEDING PROGRAM Transfers $20,000 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 875 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 584-20. Seconded by Ms. Poindexter. ACTING CHR. EOFF: Ms. Lee Loy. MS. LEE LOY: Thank you, Val. Thank you for that. This is actually a really large give from our contingency account, so I really appreciate the support of all of my colleagues. We've seen a number of large gives to the Food Basket. And the reason why I'm hoping to guide some of this money to the Boys and Girls Club is they also provide a feeding program, hot meals at the end of the day. So while a lot our families are picking up meals from DOE (Department of Education) or the Food Basket, this is one program that is providing hot meals at the end of every day. Last Friday was Good Friday and they continued this Page 19 Hawaii County Council-37 April 22,2020 program on a holiday when so many other places were closed. And I just saw that as a large commitment to the community that families are hungry and hunger doesn't take a holiday. So with that I do urge my colleagues' support. ACTING CHR. EOFF: Thank you, Ms. Lee Loy. MR. RICHARDS: Chair. Richards here. ACTING CHR. EOFF: Mr. Richards. MR. RICHARDS: Thank you, Chair. First of all, Sue, thank you for doing this. It's no secret that Boys and Girls Club has been something that I have been very much an advocate of. And, you know, when it's said and done, before we had all this stuff, the concern about feeding hungry kids, that's been a mantra from our Council. And we have a real need in our community in our County as a whole. And Boys and Girls Club has done an outstanding job and they've been working really hard to expand the program. There's been funding come from all Council Members in one way or another for Boys and Girls Club. And as Sue pointed out, this is a big resolution. This is a large amount of money going to Boys and Girls Club. But this is a time of big need, too. And so, Councilwoman Lee Loy, thank you so much on behalf of the Boys and Girls Club because they do really good work. And I know we've had Chad Cabral in front of us saying how they're working to expand. They're in Kona now and they want to go north and south soon. So anyway, way to go and fully support this. I yield. ACTING CHR. EOFF: Okay. Thank you, Mr. Richards. Any other Council Members? Seeing none, all in favor please say "aye." Vote on Res. 584-20: The motion to adopt Res. 584-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Member Chung and Kaneali`i-Kleinfelder—2. Excused: None. ACTING CHR. EOFF: Okay. Now to Resolution 585-20. Page 20 Hawaii County Council-37 April 22,2020 Res. 585-20: TRANSFERS/ARRPOPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE ALOHA CLUB OF HILO TO PURCHASE COMPUTER EQUIPMENT FOR HALE`OLUEA CLUBHOUSE Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 877 Intr. by: Mr. Chung Vote on Res. 585-20: Ms. Lee Loy moved to adopt Res. 585-20. Seconded by (Adopted) Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members David, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Member Chung and Kaneali`i-Kleinfelder—2. Excused: None. ACTING CHR. EOFF: Motion carries. Next one is Resolution 586-20. Res. 586-20: TRANSFERS/ARRPOPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE ISLAND OF HAWAII YMCA FOR ITS FAMILY VISITATION CENTER PROGRAM Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 878 Intr. by: Mr. Chung Motion to Approve: Ms. Lee Loy moved to adopt Res. 586-20. Seconded by Mr. Richards. ACTING CHR. EOFF: Any discussion? MR. RICHARDS: Yeah, Chair. Richards. Just a quick one. This is a favorite of mine. This is probably more than ever is needed right now. So thanks to Chairman Chung for supporting this program. Page 21 Hawaii County Council-37 April 22,2020 ACTING CHR. EOFF: Okay. Thank you, Mr. Richards. Okay all in favor please say "aye." Vote on Res. 586-20: The motion to adopt Res. 586-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Motion carries. Okay next one is Resolution 587-20. Res. 587-20: TRANSFERS/ARRPOPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR PARK MAINTENANCE AND/OR IMPROVEMENT PROJECTS AT VARIOUS FACILITIES IN COUNCIL DISTRICT 2 Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Parks and Recreation, Transfer to Capital Projects Fund-General account. Reference: Comm. 879 Intr. by: Mr. Chung Vote on Res. 587-20: Ms. Lee Loy moved to adopt Res. 587-20. Seconded by (Adopted) Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Motion carries. Resolution 588-20. Page 22 Hawaii County Council-37 April 22,2020 Res. 588-20: TRANSFERS/ARRPOPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO ASSIST WITH THE PURCHASE OF A REFRIGERATOR FOR THE HILO ARMORY CONCESSION AREA Transfers $900 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Parks and Recreation, Recreation Division Equipment account. Reference: Comm. 880 Intr. by: Mr. Chung Vote on Res. 588-20: Ms. Lee Loy moved to adopt Res. 588-20. Seconded by (Adopted) Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Okay. Motion carries. Resolution 589-20. Res. 589-20: TRANSFERS/ARRPOPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE TENNIS NETS FOR LINCOLN PARK Transfers $1,400 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Parks and Recreation, Recreation Division, Other Current Expenses account. Reference: Comm. 881 Intr. by: Mr. Chung Vote on Res. 589-20: Ms. Lee Loy moved to adopt Res. 589-20. Seconded by (Adopted) Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. Page 23 Hawaii County Council-37 April 22,2020 ACTING CHR. EOFF: Motion carries. Resolution 590. Res. 590-20: TRANSFERS/ARRPOPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO WEST HAWAII COMMUNITY HEALTH CENTER, INC., FOR REIMBURSEMENT OF EXPENSES TO PURCHASE PERSON PROTECTIVE EQUIPMENT DUE TO THE COVID-19 PANDEMIC Transfers $10,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 882 Intr. by: Ms. Eoff Motion to Approve: Ms. David moved to adopt Res. 590-20. Seconded by Ms. Villegas. ACTING CHR. EOFF: This is my contingency funds and I was really happy that I had enough to contribute a significant amount to the West Hawaii Community Health Center to provide for these protective equipment as they move forward there on the front line. And this looks like it will be an ongoing need. So hopefully between my contribution and, I believe, Ms. Villegas and other resources they'll be able to keep everybody safe in our community. So I ask for your support. Thank you. All in favor please say "aye." Vote on Res. 590-20: The motion to adopt Res. 590-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Motion carries. Resolution 591-20. Page 24 Hawaii County Council-37 April 22,2020 Res. 591-20: TRANSFERS/ARRPOPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO WEST HAWAII COMMUNITY HEALTH CENTER, INC., FOR REIMBURSEMENT OF EXPENSES TO PURCHASE PERSON PROTECTIVE EQUIPMENT DUE TO THE COVID-19 PANDEMIC Transfers $7,500 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 883 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 591-20. Seconded by Ms. David. ACTING CHR. EOFF: Go ahead, Ms. Villegas. You have a comment. MS. VILLEGAS: I just want to echo Council Member Eoff in my great appreciation and support of the West Hawaii Community Health Center and the work they're doing for our community and within our community and for this much needed PPE(Personal Protective Equipment) as they continue to navigate this crisis in our community. Mahalo. ACTING CHR. EOFF: Okay. Thank you. Vote on Res. 591-20: The motion to adopt Res. 591-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Member Chung and Kierkiewicz—2. Excused: None. ACTING CHR. EOFF: Motion carries. Resolution 592-20. Page 25 Hawaii County Council-37 April 22,2020 Res. 592-20: TRANSFERS/ARRPOPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE EAST HAWAII KIWANIS FOUNDATION FOR REIMBURSEMENT OF EXPENSES ASSOCIATED WITH THE AUGUST 2019 SUMOTO CITY STUDENT EXCHANGE Transfers $1,600 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 884 Intr. by: Mr. Chung Vote on Res. 592-20: Ms. Lee Loy moved to adopt Res. 592-20. Seconded by (Adopted) Ms. David and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Member Chung and Kierkiewicz—2. Excused: None. ACTING CHR. EOFF: Okay. Motion carries. Resolution 593-20. Res. 593-20: TRANSFERS/ARRPOPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO COMMUNITY FIRST, INC., TO PURCHASE MATERIALS AND SUPPLIES FOR ITS ONGOING BLOOD PRESSURE AWARENESS AND COMMUNITY OUTREACH CAMPAIGN Transfers $700 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 885 Intr. by: Mr. Chung Page 26 Hawaii County Council-37 April 22,2020 Vote on Res. 593-20: Ms. Lee Loy moved to adopt Res. 593-20. Seconded by (Adopted) Ms. Poindexter and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Member Chung and Kierkiewicz—2. Excused: None. ACTING CHR. EOFF: Motion carries. Okay, Resolution 594-20. Res. 594-20: TRANSFERS/ARRPOPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HAMAKUA HEALTH CENTER, INC., TO PURCHASE MEDICAL SUPPLIES AND EQUIPMENT Transfers $4,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 886 Intr. by: Ms. Poindexter Motion to Approve: Ms. Poindexter moved to adopt Res. 594-20. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Ms. Poindexter. MS. POINDEXTER: It's self-explanatory. I just ask for your support. ACTING CHR. EOFF: Thank you. All in favor say "aye." Vote on Res. 594-20: The motion to adopt Res. 594-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Member Chung and Kierkiewicz—2. Excused: None. Page 27 Hawaii County Council-37 April 22,2020 ACTING CHR. EOFF: Okay. Council Members, we have in front of us Resolutions 596-20 through 600-20. And we need a motion to amend our agenda to put each of these on. So I guess we can just go one by one. Mr. Clerk, would that work. MR. HENRICKS: I think that's the preferred methodindividual votes and then yes, take up that resolution and then move along. ACTING CHR. EOFF: Okay. So may I have a motion to amend the agenda to add Resolution 596-20? Amend Agenda: At this time, the Acting Chair directed the Council to take up several items not listed on the agenda. Vote on Motion Ms. Lee Loy moved to amend the agenda to add Res. 596-20. to Amend A eg nda: Seconded by Ms. David and carried by the following voice (Approved) vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Member Chung and Kierkiewicz—2. Excused: None. Res. 596-20: TRANSFERS/ARRPOPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BOYS AND GIRLS CLUB OF THE BIG ISLAND FOR A REIMBURSEMENT OF EXPENSES RELATING TO ITS COMMUNITY MEAL SUPPORT INITIATIVE Transfers $23,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 888 Intr. by: Mr. Chung Motion to Approve: Ms. Lee Loy moved to adopt Res. 596-20. Seconded by Mr. Richards. ACTING CHR. EOFF: Discussion? MS. LEE LOY: Thank you, Chair. Mr. Chung asked me to move this forward for him. One, because it's such a need. But also I think it was a reminder that he Page 28 Hawaii County Council-37 April 22,2020 outdid me. I gave $20,000 and he's decided to do $23,000. But with that, you know, it is all about feeding our kids. And Council Member Richards touched on it. Boys and Girls Club is doing these meals island wide. And any support we can give them at this time is really needed. So with that, I yield. ACTING CHR. EOFF: Okay. Thank you, Ms. Lee Loy. MR. RICHARDS: Chair. ACTING CHR. EOFF: Mr. Richards. MR. RICHARDS: Yes. Thank you, Chair. I just, again, echoing what I had said previously and what Boys and Girls Club is doing. And we're working on putting together another project that again will help support this going forward. We're not quite there yet but we're just about crossing the corner. Again, it's to get enough funding for these groups like the Food Basket, like Boys and Girls Club. I've been working on it. It's called Bridges right now. And just stay tuned, that should be forthcoming. I yield. ACTING CHR. EOFF: Thank you, Mr. Richards. Any other comments? Seeing none, all in favor please say "aye." Vote on Res. 596-20: The motion to adopt Res. 596-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Council Members, there was a request for a five minute health break on this side. I know we were trying to get through this by 11:00 a.m. But maybe we should take a seven minute recess. Everybody okay with that? Okay. We're in recess. Thank you. Recess: At 10:42 a.m., the Acting Chair called for a recess. Reconvene: The meeting reconvened at 10:53 a.m. ACTING CHR. EOFF: I believe we were just about ready to amend the agenda with Resolution 598-20. MR. HENRICKS: 597-20, Madam Chair. Page 29 Hawaii County Council-37 April 22,2020 ACTING CHR. EOFF: Yeah, 597-20. You're right. Vote on Motion Mr. Kaneali`i-Kleinfelder moved to amend the agenda to add to Amend A eg nda: Res. 597-20. Seconded by Ms. Lee Loy and carried by the (Approved) following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. Res. 597-20: TRANSFERS/ARRPOPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA O PUNA FOR EMERGENCY FOOD DISTRIBUTION AS PART OF THE COVID-19 PANDEMIC RELIEF EFFORTS Transfers $8,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 890 Intr. by: Mr. Kaneali`i-Kleinfelder ACTING CHR. EOFF: Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 597-20. Seconded by Ms. Villegas. MR. KANEALI`I-KLEINFELDER: I ask for your support for this resolution. It's fairly straight forward. The idea is to have a local nonprofit in Pahoa handle funds to do food outreach to the community and really direct it to where it's needed kupuna that can't leave their homes, keiki who can't get to the food drops or to the schools for free lunches, and really utilize a community driven drop capability versus the larger `ohana drops that we're seeing that are amazing but are very popular and hard to get to for everyone in the community. So I ask for your support on this. And I see a lot of capability for this organization in particular to help get into deeper parts of the community. ACTING CHR. EOFF: Okay. Thank you. MS. KIERKIEWICZ: Chair, if I could just add something? Page 30 Hawaii County Council-37 April 22,2020 ACTING CHR. EOFF: Sure. Go ahead. MS. KIERKIEWICZ: Thank you. And I want to thank my colleague from Puna for introducing this. I mean, he and I know very well there is an incredible need in our districts. And so I'm so happy for this give. And I just wanted to offer up that, you know, through Activate Hawaii Aide we have a community poll survey and nearly 700 people have taken it in the last few weeks. And so I'm happy to share information around how we can ensure that our most vulnerable households, particularly our kupuna, are getting the kokua that you're able to direct through this funds. So happy to work together. Thanks for doing this. ACTING CHR. EOFF: Okay. Great. Thank you. MS. LEE LOY: Chair. ACTING CHR. EOFF: Who was that? MR. HENRICKS: Ms. Lee Loy would like the floor. ACTING CHR. EOFF: Sorry. Ms. Lee Loy. MS. LEE LOY: Yes. Thank you, Mr. Kaneali`i-Kleinfelder, because that vulnerable population that stays home, that's some work that's being done by Office of Aging also. So if we could start to align not only Malama O Puna but some of the agency services that are available. That way we could accelerate that into the communities. And HCEOC (Hawai`i County Economic Opportunity Council) is also providing the meals to the homes. So there's ways to partner there and really accelerate, one, the food into the communities but definitely touching our most vulnerable. Chair, I yield. ACTING CHR. EOFF: Thank you. MR. KANEALI`I-KLEINFELDER: Chair, if I could comment please? ACTING CHR. EOFF: Go ahead. MR. KANEALI`I-KLEINFELDER: I completely agree. I have seen hundreds of thousands of dollars go to many different organizations and I've seen the tremendous outreach. I'm aware of everything that's been mentioned. I have another resolution on the table today to go to HCEOC. But again, not all people are tech savvy, not all people are able to get to these different events. And I am more of an old school person where I call people on the phone and I talk to people and I talk to community leaders and I make sure that we can direct to where there Page 31 Hawaii County Council-37 April 22,2020 is a need. Even though we think that we've got our bases covered, there's a lot of pukas that don't get filled. So I appreciate your support. I appreciate the information. And I again ask for your support. ACTING CHR. EOFF: Okay. Thank you. Before I ask for a vote, I've been wanting to make this comment. But it's kind of awesome that we have this Contingency Relief Fund and some of us have enough money left to just spring into action for these various needs that are popping up in our communities and at short notice that this is one mechanism to transfer funds to where it's really needed right now. So I really appreciate all of these steps that people are taking to help us get these through. Okay. All in favor please say "aye." Vote on Res. 597-20: The motion to adopt Res. 597-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Motion carries. Now I'd like to ask for a motion to amend the agenda with Resolution 598-20. Vote on Motion Ms. Poindexter moved to amend the agenda to add to Amend A eg nda: Res. 598-20. Seconded by Ms. Lee Loy and carried by the (Approved) following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Mr. Clerk, can you please read in Resolution 598-20. Page 32 Hawaii County Council-37 April 22,2020 Res. 598-20: TRANSFERS/ARRPOPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR EXPENSES R3ELATED TO THE CIVIL DEFENSE AGENCY COMMUNITY EMERGENCY RESPONSE TEAM PROGRAMS Transfers $12,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to Civil Defense Agency, Other Current Expenses account. Reference: Comm. 891 Intr. by: Ms. Poindexter Vote on Res. 598-20: Ms. Poindexter moved to adopt Res. 598-20. Seconded by (Adopted) Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Resolution is adopted. Now to Resolution 599-20. Motion to Amend Ms. Kierkiewicz moved to amend the agenda to add Agenda: Res. 599-20. Seconded by Ms. Lee Loy and carried by the (Approved) following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Mr. Clerk, can you read in Resolution 599-20. Page 33 Hawaii County Council-37 April 22,2020 Res. 599-20: SUPPORTS THE ESTABLISHMENT OF A RESIDENTIAL AND SMALL BUSINESS RESILIENCY EMERGENCY LOAN PROGRAM IN RESPONSE TO COVID-19 Establishes a Loan Program that would support vulnerable households and small businesses to obtain technical and critical emergency relief assistance. Reference: Comm. 892 Intr. by: Ms. Kierkiewicz Waived: GREDC Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 599-20. Seconded by Mr. Richards. ACTING CHR. EOFF: Go ahead, Ms. Kierkiewicz, you can comment. MS. KIERKIEWICZ: Thank you, Chair. And so a number of things are happening. And there's a lot of need in our community. We are facing the most serious public health crisis for most of us in our lives. And so we are having to pivot and just be really creative about how we support the many needs of our community. You know, I was inspired by conversations around eviction moratoriums. And because of that, I've, you know, in the last week, worked with West Hawaii Mediation Center, Kuikahi Mediation Center, and Hawaii Realtors. You know, next week we're going to be launching a rapid response landlord tenant mediation program to connect people with various resources that are out there to help with rent and mortgage. In that work, what we found is many of the programs that are available are oversubscribed. We are seeing massive backlog with unemployment. You know, there are people that have been laid off and they are trying desperately to get into the queue. But it is a very long line in having to get there. We're also seeing that so much of the money that was directed to support"small business"with the SBA's (Small Business Administration) PPE and EIDL (Economic Injury Disaster Loan) Program. So many of that was actually eaten up by corporations, sadly. But this is why we needed oversight. And so I'm so happy that with CARES (Coronavirus Aid, Relief, and Economic Security) 4.0, we will be seeing money going to CDFI's (Community Development Financial Institutions) to ensure that our main street small business really get the support they need. Through, you know, my work to engage community with Activate Hawaii Aide we have been very diligent about collecting data so that we can fully understand where the need is and the kind of need that is out there. And so we have an online survey but we also have a hotline. And we're working in partnership with Food Basket and other organizations to capture this data and to ensure that any assistance that is provided is done efficiently and deployed very strategically. Page 34 Hawaii County Council-37 April 22,2020 So last week Kauai Mayor Derek Kawakami announced an emergency loan program. And I was inspired by that and wanted to take advantage of that opportunity. And everything that I'm kind of involved in has kind of led to this moment where I'd love for our County to be able to establish, you know, a private public partnership with a number of groups in the community to stand up a very similar program. One that is geared towards helping residents who can't get into the unemployment queue yet but they know benefits will be coming, as well as small businesses that are waiting. They can't wait any longer though in order to get some support. And so creating a loan program, no interest, in partnership with Hawaii Community Assets, Hawaii Community Lending, and leveraging these Island Strong funds that Hawaii Community Foundation stood up for every single County a couple of years ago in response to the Kauai flooding and the Kilauea eruption. They recognized that each County needed to have a pot of money available in order to prepare for disasters, to provide relief, response, other mitigation efforts, and to just build overall island resilience. And so my understanding is that our County needs to provide a small match in order to access those funds. But we can rely on a significant portion of the strong fund. And I've asked, you know, Finance Director Sako to come and kind of share with us around other available funding to kind of kick start this program. I'm looking at about$250,000 to get us started. You know, I see later on in the agenda that we have some CDBG (Community Development Block Grant) money that is being directed to support COVID-19 response. But looking to see what kind of funding we as a County have that we can leverage. So if we as a County can invest$100,000, how can I take that and leverage it and make it into $300,000. So Deanna,just hoping for some guidance around where you think we might be able to find $250,000 if the CDBG is something that we could also consider. (Note: At this time, Finance Director Deanna S. Sako came forward to address the members of the Council.) MS. SAKO: So the CDBG, they have kind of gone through and place or allocated it out to different programs. But we do have different departments looking to see if they might have excess money left over and be able to contribute to that. So we're working with Corporation Counsel to see which buckets of money would be appropriate. MS. KIERKIEWICZ: Great. And we could probably get an answer in the next couple of days? MS. SAKO: Hopefully, yes. MS. KIERKIEWICZ: Okay. And then you think we might be able to get about $250,000 to start this program. Page 35 Hawaii County Council-37 April 22,2020 MS. SAKO: We'll see. We'll get whatever we can together, yes. MS. KIERKIEWICZ: Okay. Awesome. Because so many of our working families and small businesses, they just need help. And I think this is a great way for us to stand something up locally that is a good product that works for us, that we're in charge of how monies are being distributed in the community. We need to take ownership over those processes so that when there's money coming in from the state and federal government, we already have the programs established, kinks worked out, and it's just a matter of funneling additional funding into these programs. MS. SAKO: Right. Okay. MS. KIERKIEWICZ: Thanks, Deanna, for your partnership. So happy to answer any questions. Just looking for creative and innovative ways to continue to support our community. So thank you, Chair. I yield. ACTING CHR. EOFF: Okay. Thank you. Council Members, any comments or questions? MR. HENRICKS: Madam Chair, you have Mr. Kaneali`i-Kleinfelder first and Ms. Lee Loy, second. Both would like the floor. ACTING CHR. EOFF: Okay. Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: I want to take a minute as one of the few legislators probably across the entire state who owns a small business that I appreciate what is being put forward today. Yes, the business community is struggling. We did a poll,just a Facebook poll, to see what was out there and what the poll said the Big Island was. And I put it out across the State. But the results were fairly staggering. And albeit it's just those who responded to the Facebook video. But we had about 500 businesses on the Big Island that were shutdown due to COVID-19. And I'm just speaking to the business side. Residentially, we know there's a crisis and there's unemployment and it's hard to get through. And all that is true. I just speak to the small business community and what I see and what I see when I drive around Hilo and how many businesses are shut down that are long-standing businesses. It has just been eye-opening to say the least. So I greatly appreciate this. What I'm going to say is going to be a little bit on the back side. It bothers me that I continue to see the word "loan." Loans are loans. At the end of the day a loan is a loan. A zero interest loan is great. But if it's a zero interest loan then call it a grant. And this is in no way meant to detract from Resolution 599-20, Ms. Kierkiewicz, and I don't mean this in any negative way. I'm just speaking to what I see is SBA loans, PPP (Paycheck Protection Program), they're all based on Page 36 Hawaii County Council-37 April 22,2020 loans. And I think that if when the Federal Government, State Government, are going to give money, in this case maybe even the County Government, and we can put a program together, then we need to start doing grants. That's what people need. And we need help. And the small business community needs help. And it needs to happen very quickly. With that being said, I fully support this resolution and I know everyone can see what's happening in our town, and across our island, and across the State. So this is incredibly important. And Mayor Kawakami has been a leading figure for a lot of us. And I appreciate his videos especially his TikTok, his TikTok dancing. But his ability to stand up a grant or a zero percent loan program on his island and get that moving. Offering up to $5,000 for qualifying households is impressive. And I would hope that we could do the same here. So I fully support this resolution. Mahalo, Ashley, for putting it forward. And if we can I'd like to think of these as grants to people so there is no concern about having to pay it back at all. Call it a grant. Don't call it a loan. Mahalo. Thank you. MS. KIERKIEWICZ: Chair, if I could just, you know, provide some comments? ACTING CHR. EOFF: Okay. Mr. Kaneali`i-Kleinfelder, do you yield the floor? MR. KANEALI`I-KLEINFELDER: I yield. Thank you, Chair. ACTING CHR. EOFF: Okay. Thank you. Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you. And, Matt, I totally hear you and understand and want to do grants where possible. What I'm looking at with this potential program similar to Kauai's is more of a revolving fund. And so some folks are going to be getting their unemployment benefit in addition to a$600 a week benefit from the federal government. So if they're able to pay back the loan, there's a revolving fund where they can pay it back pretty quickly and then we can go and help more families. So I want to make sure that we have all options on the table. Let's do grants where we can. Let's do loans and help people that can access funding say from a credit union or bank because they don't meet the underwriting criteria. Let's help them build their credit. And we'll be able to do that with a partnership with Hawaii Community Assets and Hawaii Community Lending. And the beauty of this program is with Hawaii Community Foundation coming on board to support, they'll buy down the interest. They'll buy down the interest, they'll take care of the processing fees, the administration fees, so it is just whatever the family, the `ohana needs or the small business needs at that time. That's all they have to pay back for. And when the benefits come in, then they can pay back the loan on terms that work for their particular household. And then we constantly have a pot of money to help more families and businesses. So thank you. Page 37 Hawaii County Council-37 April 22,2020 ACTING CHR. EOFF: Thank you. Any other comments, Council Members? MR. HENRICKS: Madam Chair, Ms. Lee Loy would like the floor. ACTING CHR. EOFF: Ms. Lee Loy. MS. LEE LOY: Thank you. I'm whole-heartedly supporting this resolution. And thank you, Ms. Kierkiewicz for putting it forward. When I heard about it from Kauai, you know, I began to scramble and try to figure this out. And so what you've done here is really provide a phenomenal framework in working with Deanna over at Department of Finance. This is the perfect synergy that we need at this time. And absolutely echoing what you just said about it becoming a revolving fundgt just takes time for them to get their unemployment checks. You know, some of the work we're doing, even with our contingency money, these are those bridges. This is how we fill the gap until these larger programs can be stood up and serve as the back stock necessary. And so, Ms. Kierkiewicz, congratulations. This is a very smart, sensible approach, and just the framework we need right now so that when we move into finding the money, Deanna, but also how we structure our budget starting in a couple weeks here. And I heard Ross Birch talk about how we may need to put fees and costs on our parks and making those hard decisions because the money is not going to be there like it used to be. So again, I'm whole-heartedly supporting this. And it really is tying all the conversations we're having together today very nicely. So with that, I yield. ACTING CHR. EOFF: Okay. Thank you, Ms. Lee Loy. MR. RICHARDS: Chair. Richards. ACTING CHR. EOFF: Mr. Richards. MR. RICHARDS: Thank you, Chair. Also, Ms. Kierkiewicz, thank you very much for putting this forth. And I do agree with Matt and what he said about grants. If we can afford grants that is great. But I am as keenly or more keenly interested in having a revolving fund coming forward. You know, you had mentioned the CARES Act 3, and the number four is coming out. I was on the NACo (National Association of Counties) call this week and actually called the one that they're quickly putting together now, 3.2. And I think a little bit tongue and cheek obviously. But what they were talking about is to fix some of the problems of the original CARES Act which was not enough funding going into the loan program, loan/grant program. I think it was somewhere around $370 billion that got used very quickly. And obviously the one at the end of the Page 38 Hawaii County Council-37 April 22,2020 supply chain are the ones still in line right now. I know I have businesses here in Waimea that qualified but there was no funding left. And I see this as a stop gap, as a bridge to help those little businesses. On the Big Island we have what 80 percent of our businesses here are small businesses. And so that is quite a problem. Another problem with that act was the funding directly to Counties under that CARES Act was only the Counties with populations of 500,000 and more. And it turns out that's like three percent of the nation. The other 97 or 96 percent of Counties didn't get direct funding. We need something to bridge that as Ms. Lee Loy said. And this is a great step towards that. So I'm whole-heartedly going to support this. Small business, Matt, I am with you there because we have to keep the doors open of these small businesses till we can get some more support coming in. And I see this as a rapid response. So thank you. Definitely going to support. ACTING CHR. EOFF: Okay. Thank you, Mr. Richards. Any other comments? MR. KANEALI`I-KLEINFELDER: Chair, can I have one more comment, please? ACTING CHR. EOFF: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: So a 2018 SBA study put 99 percent of the businesses in the State of Hawaii as being qualified as small business. And so the small business community, if you think about it, between under 500 employees really puts every business on the Big Island as a small business. There'd be very few businesses here that would qualify as not a small business or a medium to large business. So the impact is huge. And, Tim, there has to be a way to help small businesses better and to utilize better federal funding when you see that it's being applied to Counties bigger than 500,000, because we're only at 180,000 people. And furthermore, if you look at the small business numbers, if 500 businesses are out of business on this Big Island that's a lowball number. And each one averages about 12 people. About 6,000 employees who are out of business and self-employed people, as well as their families who are dependent on them for a living. And that's not a small number. It may seem small but that's a huge number of families who need support right now. And a huge number of businesses. And I know of many businesses that were unable to take advantage of the PPP and the EIDL to date just because of the high demands and the lack of funding. So if this does anything to help cut that number down, then we have done our job as a Council. So mahalo again. MS. KIERKIEWICZ: Sorry, Chair. One more thing if I could just add. One of the things that, you know, was left off the table this last time around with the Page 39 Hawaii County Council-37 April 22,2020 CARES Act was how we get the money to independent contractors, right? Often times we're seeing that the federal government says, "Yes, go do this, you can spend the money this way." And then they don't give you guidelines or protocols or rules on how to expend that money. So it's great that the money is out there but when we can get it and when we'll see it, there's a lot of uncertainty around that. And we're seeing that, you know, DLIR, Department of Labor and Industrial Relations, on the State side, they're setting up a new portal specifically for independent contractors. They're just not sure when they're going to be able to start that up because they're having to create everything from scratch. Like everyone's saying, this is a bridge, this is to fill in the gap, this is just to help because people are really stressed out and hurting right now. And any kind of kokua we can direct their way I'm sure will be really appreciated. So thank you everyone for the robust conversation and I hope I can count on everyone for their support. ACTING CHR. EOFF: Okay. Thank you, Ms. Kierkiewicz. I guess we're ready to vote. All in favor please say "aye." Vote on Res. 599-20: The motion to adopt Res. 599-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Okay. Thank you. Now Resolution 600-20. May I have a motion to amend the agenda with Resolution 600-20? Vote on Motion Mr. Kaneali`i-Kleinfelder moved to amend the agenda to add to Amend A eg nda: Res. 600-20. Seconded by Ms. David and carried by the (Approved) following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Motion carries. Thank you, Mr. Clerk. Can you read Resolution 600-20? Page 40 Hawaii County Council-37 April 22,2020 Res. 600-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR EMERGENCY FOOD DISTRIBUTION AS PART OF THE COVID-19 PANDEMIC RELIEF EFFORTS Transfers $8,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 893 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 600-20. Seconded by Ms. David. ACTING CHR. EOFF: Go ahead, Matt. MR. KANEALII-KLEINFELDER: So as we discussed before, this is another agency doing a lot of work to reach people in the community that aren't always available or able to get out to our different drops that we're doing as a whole, as a Big Island community. And so HCEOC is doing this program and I'm just happy to be funding it. And again, trying to get a more multi-pronged approach to taking care of our community. So I ask for your support today. Thank you very much. I yield. ACTING CHR. EOFF: Okay. Thank you. Any other comments? Seeing none, all in favor please say "aye." Vote on Res. 600-20: The motion to adopt Res. 600-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. Page 41 Hawaii County Council-37 April 22,2020 BILLS FOR The Acting Chair directed the Council to proceed to the next order of business, ORDINANCES Bills for Ordinances (First Reading). (FIRST READING): Bill 159: 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 Federal —CDBG COVID-19 account($1,543, 033); and appropriates the same to the CDBG COVID-19 account. Funds would be used to prevent,prepare, and respond to the impact of the COVID-19 pandemic. Reference: Comm. 874 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 159 on the first reading. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Ms. David. MS. DAVID: Yes. The Finance Department requested that this move forward and waived out of committee because we need to get these funds right away to help with the needs of our low and moderate income population. ACTING CHR. EOFF: Thank you, Ms. David. And Council Members, I think we're all in receipt of a memo from Mr. Hosaka, the Housing Administrator. It should be in here. MS. LEE LOY: Chair. ACTING CHR. EOFF: Ms. Lee Loy. MS. LEE LOY: Also in our pack that we have, Communication 874.1. I'd like to amend Bill 159 with the contents of Communication 874.1. Motion to Amend: Ms. Lee Loy moved to amend Bill 159 with the contents of Comm. 874.1. Seconded by Ms. Kierkiewicz. ACTING CHR. EOFF: Is there any discussion? MS. LEE LOY: Yes, Chair. You know, Deanna Sako is still in the Council Chambers here in Hilo. But if you look at Communication 874.1, and I'll just read this because I know the larger community who will be watching this later has not had an opportunity to look at it. But basically what it does is divide up the $1.5 million and some change with $250,000 going to the Administration, Page 42 Hawaii County Council-37 April 22,2020 $643,000 going to Hawaii Food Bank, $300,000 to HOPE Services, another $150,000 to HCEOC, and $200,000 to the Boys and Girls Club. And I share that because Mr. Kaneali`i-Kleinfelder just mentioned this is the type of multi-pronged approach that needs to happen, but also what we did earlier with Ms. Kierkiewicz on how we fill the gap and provide that bridge. And this is another way we're trying to demonstrate that and get funding to our communities and help people who are really scared at this time. So with that, Chair, I yield. ACTING CHR. EOFF: Ms. Lee Loy, we don't have that communication. I'm going to see if Scott can print it for us. But can you just back track this a little bit. And who produced this amendment? MS. LEE LOY: This came from Deanna Sako. ACTING CHR. EOFF: And so it just clarifies how this monies will be broken down? MS. LEE LOY: Yes. It was dated April 21, 2020. So it was in our pink folders along with the letter from Duane Hosaka. ACTING CHR. EOFF: Okay. Thank you. That helps. And I think we can go ahead and vote on that. All in favor of amending Bill 159 with the contents of Communication 874.1,please say "aye." Vote on Motion The motion to amend Bill 159 with the contents of to Amend: Communication 874.1 was carried by the following voice (Approved) vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Motion carries. Okay, we can go ahead and speak to Bill 159, as amended, now. Any more discussion? MR. HENRICKS: Madam Chair, Mr. Kaneali`i-Kleinfelder would like the floor. ACTING CHR. EOFF: Okay. Go ahead. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. So given that we have $1.5 million in front of us and it is being used in a multi-pronged approach towards taking care of our community, I'm going to ask a question. Can we use Page 43 Hawaii County Council-37 April 22,2020 any part of these funds to fund the loan program that Ms. Kierkiewicz put forward already? Because I know that I just gave $8,000 to HCEOC, and I can see that Ms. Lee Loy gave $20,000 to the Boys and Girls Club, and I know that we've all been giving a tremendous amount of our contingency relief funds to these different agencies already. Not that they couldn't use more help, but given that we're trying to stand up another program, can we carve off a little bit right now to begin the loan program and get it moving already? Instead of waiting to see if we can find funds later from a different source. MS. LEE LOY: That's a great question for Deanna. MS. KIERKIEWICZ: Well, I had asked her that earlier and she's going to try to find a way. One thing I was looking at was, you know, rather than touching programmatic funds, if we could potentially pinch them out of the administrative fee. But Deanna can elaborate. (Note: At this time, Finance Director Deanna S. Sako came forward to address the members of the Council.) MS. SAKO: No. I did talk to Housing, you know, because there's also specific criteria that came down with the money. And so we want to be in compliance with that. We also have to get the money out the door and spend as quickly as possible. That's one of their criteria for these funds. And for many of these agencies this is not nearly enough compared to what they've spent already. So we may end up using part of that administrative money to go towards the loan program. But we're trying to pull all the money together and then we'll amend if needed. MR. KANEALI`I-KLEINFELDER: Sounds like a yes and a no all in one. MS. SAKO: Yes. All in one. Yes. We're trying to find it from other sources. You know, there's a lot of federal money coming down. But as thus been stated, because we're the County of less than 500,000 people, not all it came directly to us. We have been fighting, yelling, talking very nicely to people at the State. And it can be a frustrating process. And for them, too, you know. Their immediate probably priority is getting the unemployment checks out the door, and that will help everyone in our community, so we can't fault them for that. But we also know there's a lot of other services that need to be done. And so we're trying to work with all the different state and federal partners to get those done. MR. KANEALI`I-KLEINFELDER: Deanna, do you think that we could take five percent or ten percent from each one of these accounts and put it to an account that would be used to further the loan program? Page 44 Hawaii County Council-37 April 22,2020 MS. SAKO: So the first piece was that we have to make sure that it complies with CDBG, and they're checking on that. So if we need to amend, we'll come back next round and ask you guys to amend on final reading. MR. KANEALI`I-KLEINFELDER: Okay. Wonderful. Okay. Mahalo. That's beautiful. That is good work. ACTING CHR. EOFF: Okay. Thank you. Are there any other questions? MR. HENRICKS: Madam Chair, Ms. Lee Loy would like the floor. ACTING CHR. EOFF: Okay. Ms. Lee Loy. MS. LEE LOY: Thank you, Mr. Kaneali`i-Kleinfelder, because we've been thinking this through for a little while. But I have a question for Deanna as it relates to the funding. Because, you know, often times these federal programs are restricted, but what are the reporting requirements? And then, what is the timing? Because I had a conversation with Duane yesterday, because it looks really great to have all this money. But it's not coming tomorrow either, right? MS. SAKO: It is. This is one of the ones they actually want out of the door within 45 days. And we're already several days into it. So this one actually has a short timeline compared to our normal CDBG funding. So they're really kind of on it. They have a shortened public notice plan. Comment period is only five days compared to the usual 30 days. So the government has really this one is an organized program. They're ready and HUD (Housing and Urban Development) is moving on it. MS. LEE LOY: And on the back end though, we do have to demonstrate or evidence base measured, right? MS. SAKO: Yes. MS. LEE LOY: On how the money is being utilized. Has that been communicated to these recipients on how to provide that data that the money is being utilized to meet the criteria of the grant or the CDBG plan. MS. SAKO: I'm sure it has because our CDBG people have been with housing for quite some time and I'm sure they're on top of that. MS. LEE LOY: Thank you. I yield. Page 45 Hawaii County Council-37 April 22,2020 ACTING CHR. EOFF: Okay. Thank you, Ms. Lee Loy. Okay. We're now in possession of Communication 874.1, so we understand everything better. And I think we can go ahead and vote on Bill 159, as amended. All in favor please say Ic aye. Vote on Bill 159: The motion to pass Bill 159, as amended to Draft 2, on first Draft 2 reading was carried by the following voice vote: (Approved) Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff–8. Noes: None. Absent: Council Member Chung– 1. Excused: None. ORDER OF The Acting Chair directed the Council to proceed to the next order of business, THE DAY Order of the Day (Second or Final Reading). (SECOND OR FINAL READING): Bill 115: AMENDS ORDINANCE NO. 19-73, AS AMENDED, THE OPERATING (Draft 2) BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2020 Appropriates revenues in the State Grants –Mauna Kea Costs account ($5,342,262); 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 in response to the protest activities related to the construction of the Thirty Meter Telescope on the summit of Mauna Kea. Reference: Comm. 605.9 Intr. by: Ms. David (B/R) First Reading: April 8, 2020 Motion to Approve: Ms. David moved to pass Bill 115 on the second and final reading. Seconded by Ms. Poindexter. ACTING CHR. EOFF: Ms. David. MS. DAVID: Thank you, Chair. And this is the companion to the resolution we discussed this morning. And I just want to say thank you again to everyone for making this—come to this conclusion of where we can finally move forward on this. So Mahalo and I ask for your continued support. Page 46 Hawaii County Council-37 April 22,2020 ACTING CHR. EOFF: Okay. Any comments? Seeing none, all in favor please say "aye." Vote on Bill 115: The motion to pass Bill 115, Draft 2, on second and final Draft 2 reading was carried by the following voice vote: (Adopted) Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Bill 115, Draft 2 is adopted. Bill 151. Bill 151: 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 Increases the Waiakea Uka Park & New Community Center Improvements project by $8 million. Additional Funds for this project shall be provided from the General Obligation Bonds, Capital Projects Fund—Fund Balance and/or Other Sources ($2 million) and State Capital Improvements Project Funds ($6 million), for a total appropriation of$8,150,000, to be used for project planning and construction. Reference: Comm. 808 Intr. by: Ms. Lee Loy First Reading: April 8, 2020 Vote on Bill 151: Ms. Lee Loy moved to pass Bill 151 on second and final (Adopted) reading. Seconded by Ms. Poindexter and was carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Bill 151 is adopted. Moving to Bill 152 Page 47 Hawaii County Council-37 April 22,2020 Bill 152: AMENDS ORDINANCE NO. 19-73, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2020 Increases revenues in the Federal Grants —Housing Choice Voucher Program account($650,000); and appropriates the same to the Voucher Rental Subsidies account, for a total appropriation of$19,277,430. Funds provided by the Department of Housing and Urban Development would be used for rental assistance for eligible participants. Reference: Comm. 817 Intr. by: Ms. David (B/R) First Reading: April 8, 2020 Vote on Bill 152: Ms. David moved to pass Bill 152 on second and final (Adopted) reading. Seconded by Ms. Villegas and was carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Motion carries. Bill 152 is adopted. Bill 153. Bill 153: AMENDS SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICTS ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURE—TWENTY ACRES (A-20a) TO AGRICULTURE—FIVE ACRES (A-5a) AT KALOKO, NORTH KONA DISTRICT, HAWAII, COVERED BY TAX MAP KEY: 7-3-025:002 (Applicant: Jean K. Campbell Trust and Jeffrey S. Clapp Trust) (Area: 21.296 acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the application to subdivide the property into four parcels for estate purposes. The property is located in the Kaloko Mauka Subdivision in North Kona. Reference: Comm. 840 Intr. by: Ms. Kierkiewicz (B/R) First Reading: April 8, 2020 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 153 on second and final reading. Seconded by Ms. Lee Loy. Page 48 Hawaii County Council-37 April 22,2020 ACTING CHR. EOFF: Any discussion? MS. KIERKIEWICZ: Chair, I just want to note that I believe you or Council Member David had a question about where this property was situated in terms of elevation. And so the applicant has provided, you know, for the record, testimony on its location and it is below the 3,000 foot elevation level. However, the preservation, the conservation condition around making sure it's 80 percent forest on each of those properties maintains and that's consistent with other change of zone requests in that subdivision area. ACTING CHR. EOFF: Okay. Thank you. Any comments or questions? MR. HENRICKS: Madam Chair, Mr. Kaneali`i-Kleinfelder would like the floor. ACTING CHR. EOFF: Okay. Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: So it was brought to my attention last Council meeting by Ms. David, that there is a resolution, number 330-96, that no lands in North or South Kona above 2,500 feet in elevation except in the Kaloko Mauka Subdivision should be rezoned to lot sizes less than 20 acres without corresponding reduction and density on continuous lands. I was unaware of this. And this lot does fall above that 2,500 foot elevation. So I just looked for a little bit of information on that from Maile David just so I can understand it a little better, if you'd like to. ACTING CHR. EOFF: I'm sorry, did Ms. Kierkiewicz just say that it was located below that elevation? MS. KIERKIEWICZ: And also it's within the Kaloko Mauka Subdivision. ACTING CHR. EOFF: So then the resolution would not apply to this particular rezoning? MS. KIERKIEWICZ: That's correct because it's saying that subdivision was the exception. MR. KANEALI`I-KLEINFELDER: That is true. They actually submitted that they're less than 2,500 feet? MS. KIERKIEWICZ: I'm sorry. What's that? MR. KANEALI`I-KLEINFELDER: Did the applicant submit a communication saying that they're less than 2,500 feet? MS. KIERKIEWICZ: That's correct. Page 49 Hawaii County Council-37 April 22,2020 MR. KANEALI`I-KLEINFELDER: Because this document says they're MS. KIERKIEWICZ: Not a communication. A testimony from the applicant. MR. KANEALI`I-KLEINFELDER: Because everything in this document says they're between 2,800 feet and 2,900 feet. MS. KIERKIEWICZ: So that's below 3,000. MR. KANEALI`I-KLEINFELDER: But the resolution calls for above 2,500 feet. MS. KIERKIEWICZ: Except Kaloko Mauka subdivision. MR. KANEALI`I-KLEINFELDER: Except Kaloko Mauka, which I understand. But I'm just trying to understand whether they are or they're not above 2,500 feet. MS. KIERKIEWICZ: It is, and within the Kaloko Mauka subdivision. MR. KANEALI`I-KLEINFELDER: So it's okay because although they're above the recommended or the resolution elevation, they can do this because they're in the Kaloko Mauka subdivision? MS. KIERKIEWICZ: Correct. And then there are also those preservation requirements around making sure that each of those properties maintain 80 percent forest. MR. KANEALI`I-KLEINFELDER: Okay. I'd just like to make sure that our applicants are doing their due diligence and so are we. Okay. Mahalo. MS. KIERKIEWICZ: And so is Planning. They are the ones that actually came in to add some additional conditions to ensure that we are really making sure that we care for the area. MR. KANEALI`I-KLEINFELDER: Wonderful. MS. KIERKIEWICZ: So kudos the Planning. Thanks, guys. ACTING CHR. EOFF: Yes. And I believe in the background report, bottom of page two, it explains that as well. Okay. All in favor please say "aye." Page 50 Hawaii County Council-37 April 22,2020 Vote on Bill 153: The motion to pass Bill 153 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Okay. Bill 153 is adopted. Bill 154. Bill 154: AMENDS ORDINANCE NO. 19-73, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2020 Increases revenues in the HOME Grant—Program income account($80,000); and appropriates the same to the Tenant Base Rental Assistance Program account ($72,000) and the Office of Housing and Community Development Administration account($8,000), for a total appropriation of$130,000. Reference: Comm. 848 Intr. by: Ms. David (B/R) First Reading: April 8, 2020 Vote on Bill 154: Ms. David moved to pass Bill 154 on second and final (Adopted) reading. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Okay. The bill is adopted. Moving to Bill 155, Draft 2. Page 51 Hawaii County Council-37 April 22,2020 Bill 155: AMENDS ORDINANCE NO. 19-73, AS AMENDED, THE OPERATING (Draft 2) BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2020 Appropriates revenues in the Federal —Block Grant account($2,626,423) and the Block Grant—Program Income account($100,000); and appropriates the same to the following accounts: Mental Health Kokua—Facility Sewer Connection ($220,000); Kiheiulu O Waikoloa Rental Housing—Off Site Infrastructure Improvement($800,000); Hale Maluhia Shelter—Accessibility Improvements ($561,015); Residential Repair—Homeowner Loan Program ($231,949); and Administration, Planning and Fair Housing ($525,284). Funds would be used to provide housing, suitable and safe living environments, and accessibility for disabled individuals to public facilities. Reference: Comm. 849.3 Intr. by: Ms. David (B/R) First Reading: April 8, 2020 Vote on Bill 155: Ms. David moved to pass Bill 155, Draft 2, on second and Draft 2 final reading. Seconded by Ms. Kierkiewicz and carried by (Adopted) the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Okay. Bill 155 is adopted. Bill 156. Bill 156: 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 Federal Grants Workforce Innovation & Opportunity Act(WIOA) account($1,090,000); and appropriates the same to the following WIOA accounts: Administration Planning 2020-21 ($110,000); Adult Program 2020-21 ($360,000); Dislocated Worker Program 2020-21 ($250,000); and Youth Program 2019-20 ($370,000). Funds would be used to assist adults, dislocated workers, and youth by providing services that will train individuals to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 851 Intr. by: Ms. David (B/R) First Reading: April 8, 2020 Page 52 Hawaii County Council-37 April 22,2020 Vote on Bill 156: Ms. David moved to pass Bill 156 on second and final (Adopted) reading. Seconded by Mr. Richards and was carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Okay. Bill 156 is adopted. Okay. Mr. Clerk, we have referrals for executive session. REFERRALS FOR The Acting Chair directed the Council to proceed to the next order of business, EXECUTIVE Referrals for Executive Session. SESSION: Res. 583-20: AUTHORIZES THE EMPLOYMENT OF SPECIAL COUNSEL TO REPRESENT THE COUNTY OF HAWAII, BOARD OF ETHICS IN PETITION NO. 2020-02, AS THE PETITIONER IS INVOLVED IN ONGOING LITIGATION AGAINST THE COUNTY OF HAWAII Finds that a conflict of interest would exist for the Corporation Counsel to advise the Board of Ethics and provides for the retention of legal services by the County of Maui Office of the Corporation Counsel, with total costs not to exceed $1,000. Reference: Comm. 872 Intr. by: Ms. David (B/R) Waived: FC Note: Requires 2/3 vote of the entire membership, pursuant to Section 6-5.5, Hawaii County Charter Motion to Approve: Ms. David moved to adopt Res. 583-20. Seconded by Ms. Villegas. ACTING CHR. EOFF: I'm going to see if Corporation Counsel can enlighten us if there is a request to go into executive session. I'm not sure that we need to. MR. HENRICKS: Madam Chair, if you'd like Corporation Counsel we could take a recess and have them come back. They're not currently here at this time. ACTING CHR. EOFF: Okay. That is the last item on the agenda. So I guess we can recess this meeting. And I need to find out from Council Members if they want to go straight into Committees or have a lunch break. Page 53 Hawaii County Council-37 April 22,2020 MR. HENRICKS: Can we just take a poll to see if maybe the Council is ready to vote on this matter? ACTING CHR. EOFF: If we don't need—okay. MR. HENRICKS: I mean, if there are no questions for Corporation Counsel. MS. POINDEXTER: This is Val. I don't have any questions. MR. HENRICKS: We're not seeing any on this side. Mr. Richards, how are you doing? ACTING CHR. EOFF: Okay. If there are no questions for Corporation Counsel, we need a 2/3 vote of the body and we can go ahead and dispose of this. MR. HENRICKS: Correct. ACTING CHR. EOFF: Okay. Alright. Council Members, all in favor of Resolution 583-20, please say "aye." Vote on Res. 583-20: The motion to adopt Res. 583-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff–8. Noes: None. Absent: Council Member Chung– 1. Excused: None. MR. HENRICKS: Madam Chair, I'm so sorry to interrupt you. We are complete but before you adjourn if I could just have a little leeway? ACTING CHR. EOFF: Sure. MR. HENRICKS: It's my understanding that today is Professional Administrator's Day. I don't know if I said that correctly but it's to recognize all of those people that support operations, essentially. It's a pretty broad category. So I just would like to take this opportunity to thank all of those people in our office that are helping keeping everything move forward and the work we're doing across the County, across the State, across the Nation, why not. You know, it's a difficult time and there's a lot of good people out there doing work from their desk, from their homes, from their iPhones, from their Androids, and God Bless them all. Page 54 Hawaii County Council-37 April 22, 2020 ACTING CHR. EOFF: Thank you very much for that, Mr. Clerk. And for reminding us that we wouldn't be able to do what we do without all of their coordinated support under every circumstance. Okay. Then I guess we need a motion to adjourn? ADJOURN- There being no further business, at 11:47 a.m., Ms. David moved to adjourn the MENT: meeting. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members David, Kanealii-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff— 8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: This meeting is adjourned. Council Approval: fl- 2 2 2020 011 `sem AIL CO► ' -'K JH/tk Page 55