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HomeMy WebLinkAboutMIN COUNCIL 2020-05-20 2018-2020 Hawaii County Council 401h Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii May 20, 2020 INVOCATION: Reverend Joshin Kamuro of Honpa Hongwanji Hilo Betsuin gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 1:00 p.m., in the Council Chambers, Hilo, by Mr. Aaron S. Y. Chung, Chair. ROLL CALL: Present: Mr. Aaron S. Y. Chung, Chair Ms. Karen Eoff, Vice Chair(via videoconference from Kona) Mr. Matt Kaneali`i-Kleinfelder, Member (came in later) Ms. Ashley L. Kierkiewicz, Member Ms. Susan L. K. Lee Loy, Member Ms. Valerie T. Poindexter, Member Mr. Herbert M. "Tim" Richards, III, Member Ms. Rebecca Villegas, Member (via videoconference from Kona) Absent& Excused: Ms. Maile Medeiros David, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of Allegiance. ALLEGIANCE: (At this time, Ms. Lee Loy led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions, MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (There were none.) EXPRESSIONS OF CONDOLENCE: Hawaii County Council-40 May 20,2020 STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: Mary Begier: Bill 169, Draft 2 (Comm. 926.2), in opposition. Stephanie Donoho: Bill 169, Draft 2 (Comm. 926.2), comment. ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. CHR. CHUNG: Before I go on to our order of resolutions or let's see what do we have here? Yeah, before we go on to orders of resolution I just wanted to give a shout out to one of our staff persons, Hau`oli, who gave all of us and made for us you came a little late, Val, so yeah. But she gave all of us these masks, these pretty masks. So I wanted to at least recognize her and thank Hau`oli. Okay. Let's go on to Order of Resolutions. COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. (There were none.) ORDER OF The Chair directed the Council to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Res 613-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE PAINT FOR THE HALE HALAWAI FACILITY Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Parks Maintenance Other Current Expenses account. Reference: Comm. 906 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 613-20. Seconded by Ms. Eoff. CHR. CHUNG: Ms. Villegas. MS. VILLEGAS: I just thank everyone for your continued support. Hale Halawai has had some really instrumental upgrades for the facility, and Parks and Rec. needed some supplemental resources in order to finish the project. And I was grateful and honored to provide that. I yield. Page 2 Hawaii County Council-40 May 20,2020 CHR. CHUNG: Thank you very much. We have a motion on the floor. All those in favor signify by saying "aye." Vote on Res. 613-20: The motion to adopt Res. 613-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR. CHUNG: Motion carried. Res 614-20: COMMITS TO FUNDING THE COST ITEMS AWARDED BY ARBITRATION TO HAWAII GOVERNMENT EMPLOYEES ASSOCIATION UNIT 14 AND EMPLOYEES EXCLUDED FROM THAT UNIT FOR THE CONTRACT PERIOD JULY 1, 2019 THROUGH JUNE 30, 2021 Cost items include across-the-board increases, step movements, and change in standby pay calculation. The estimated cost over the two years of the contract would be $591,039. Reference: Comm. 907 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Mr. Richards moved to adopt Res. 614-20. Seconded by Ms. Lee Loy. CHR. CHUNG: Any discussion? Deanna, did you want to say anything about this? Give us a little more insight. (Note: At this time, Finance Director Deanna S. Sako came forward to address the members of the Council.) MS. SAKO: Good afternoon. I think last time I said I thought that was the last bargaining unit. Well I forgot we still had one in arbitration. So this really is the last one. I just wanted to clarify that for real this time. So, you know, all of these started a long time ago in collective bargaining. The contracts actually all expired on June 30, 2019. So we're actually working without contracts for some of those bargaining units. All the employers, except the State have approved. And so as I said last time, whatever we do with our bargaining unit employees for the budget we will do as a group. You know, you Page 3 Hawaii County Council-40 May 20,2020 approved all but this one now. So whatever we do, it will be negotiated as a group. But this is where we're at. And this is BU-14. It's one of our smaller bargaining units. There's only 30 or 40 members. It's our Water Safety Officers. CHR. CHUNG: And it was by arbitration, right? MS. SAKO: Yes. This was arbitration decision. CHR. CHUNG: Yes. Okay. Any comments on this? If not, we have a motion on the floor. All those in favor say "aye." Vote on Res. 614-20: The motion to adopt Res. 614-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR. CHUNG: Motion carried. Res 617-20: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI-FUNCTION COPY MACHINE FOR THE OFFICE OF THE PROSECUTING ATTORNEY Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$900. Reference: Comm. 914 Intr. by: Ms. David (B/R) Waived: FC Vote on Res. 617-20: Mr. Richards moved to adopt Res. 617-20. Seconded by (Adopted) Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR. CHUNG: Motion carried. Page 4 Hawaii County Council-40 May 20,2020 Res 620-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII, OFFICE OF ENTERPRISE TECHNOLOGY SERVICES AND THE UNITED STATES DEPARTMENT OF DEFENSE, OFFICE OF HOMELAND SECURITY The agreement would initiate a contract on behalf of the Department of Information Technology for strategic planning and road mapping. Reference: Comm. 918 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Mr. Richards moved to adopt Res. 620-20. Seconded by Ms. Lee Loy. CHR. CHUNG: Any discussion on this matter? MR. KANEALI`I-KLEINFELDER: Yes. I have a question. CHR. CHUNG: Yes. Matt, please go ahead. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Every week I get an email from different department in the federal government. And each one talks about IT (Information Technology) and cyber-defense and different things. Now, my question is open-ended a little bit because I don't know that Jules is here or anyone else is here to discuss this. But can this be lumped into COVID-19 response in any form or way? That would save us a little bit of money on the backend. CHR. CHUNG: Good question. And maybe Deanna can answer that. That might be less of an IT question than a Finance question. (Note: At this time, Finance Director Deanna S. Sako came forward to address the members of the Council.) MS. SAKO: Sorry, I didn't bring the resolution with me. But if I remember correctly this might be the one that the federal government is already paying for us through the Homeland Security Grant. MR. KANEALI`I-KLEINFELDER: Okay. That's right. I get all those emails. I was like, "this matches," so MS. SAKO: I could be wrong. But I believe this is the one that they're paying for because we had one we discussed recently. Yes. This is the one. So it is a federal grant. So it might not be COVID but it's another federal pot of money. Page 5 Hawaii County Council-40 May 20,2020 MR. KANEALI`I-KLEINFELDER: Okay. Perfect. Thank you. CHR. CHUNG: Anyone else? If not, we have a motion to on the floor. All those in favor signify by saying "aye." Vote on Res. 620-20: The motion to adopt Res. 620-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR. CHUNG: Motion carried. Res 621-20: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT FOR SOFTWARE MAINTENANCE AND USER SUPPORT Authorizes the Mayor to enter into a three-year lease agreement to secure reduced pricing for software maintenance and user support for the Department of Human Resources, Workers Compensation Division. Reference: Comm. 919 Intr. by: Ms. David (B/R) Waived: FC Vote on Res. 621-20: Mr. Richards moved to adopt Res. 621-20. Seconded by (Adopted) Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR. CHUNG: Motion carried. Page 6 Hawaii County Council-40 May 20,2020 Res 623-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF TRANSPORTATION PURSUANT TO HRS 46-7, FOR A GRANT TO THE HAWAII FIRE DEPARTMENT Allows for the receipt of$37,553.62 of Federally-derived funds to purchase cordless extrication kits to be used in rescue operations. Reference: Comm. 923 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Mr. Richards moved to adopt Res. 623-20. Seconded by Ms. Lee Loy. CHR. CHUNG: Any discussion on this matter? Yes. Matt, go ahead. MR. KANEALII-KLEINFELDER: Has anyone ever seen a cordless extraction kit. MR. RICHARDS: I think I have. MR. KANEALII-KLEINFELDER: I think we should have a demo put on so that we can watch this. Because I like cordless tools. But a cordless extrication kit must be interesting. Maybe we should ask the Fire Department to come in and do a presentation for us. If it's Milwaukee with a five-year warranty, I mean, hey. MR. RICHARDS: Dewalt. It's a Dewalt. MR. KANEALII-KLEINFELDER: Alright. Mahalo. Thank you. CHR. CHUNG: You want fire to come down and just talk about this thing? I mean, it sounds interesting. MR. KANEALII-KLEINFELDER: No. I know what it is. I'm just interesting in seeing what— CHR. hatCHR. CHUNG: Alright. Okay. We have a motion on the floor. All those in favor signify by saying "aye." Page 7 Hawaii County Council-40 May 20,2020 Vote on Res. 623-20: The motion to adopt Res. 623-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR. CHUNG: Motion carried. Res 624-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF TRANSPORTATION PURSUANT TO HRS 46-7, FOR A GRANT TO THE HAWAII FIRE DEPARTMENT Allows for the receipt of$16,586.82 of Federally-derived funds to be used for educational outreach on the use of child safety seats. Reference: Comm. 924 Intr. by: Ms. David (B/R) Waived: FC Vote on Res. 624-20: Mr. Richards moved to adopt Res. 624-20. Seconded by (Adopted) Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR. CHUNG: Motion carried. Res 629-20: AUTHORIZES THE DEPARTMENT OF RESEARCH AND DEVELOPMENT TO AWARD FUNDS TO MALAMA `O PUNA Awards a $50,000 grant to provide access to lava locked farms east of Nanawale that were cut off by the 2018 Kilauea lava flow. Reference: Comm. 930 Intr. by: Ms. Kierkiewicz Waived: FC Page 8 Hawaii County Council-40 May 20,2020 Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 629-20. Seconded by Mr. Richards. CHR. CHUNG: Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. This is something I've been working on with community and Research and Development(R&D) since mid-February, so I'm quite excited that we are able to support farmers that were cut off by the 2018 flow. You know, they asked for help and we had looked into using our Bill 12 monies that we positioned to help farmers and residents get back to their homes and farms. But because that particular account was exhausted, I was able to work with R&D to identify some other emergency recovery money that was available to support farmers because they are the foundation of our food system. And so I'm very happy that despite all of this we are still continuing to do everything we can to support Puna's recovery. So just looking for support from my colleagues. And a special thank you to Glenn Sako at R&D as well as folks in the community, Eric Winert and Ethan Mckilney for all of their help. We are going to be helping about six farms in Puna regain access to their property. So thank you. I yield. CHR. CHUNG: Okay. I just have a question. This is to enable them to provide the access, right? MS. KIERKIEWICZ: Yes. It's a grant of$50,000 so that they can do all of the design work and the actual, you know, work that's entailed to cut a new road over lava. CHR. CHUNG: Terrific, terrific. But when do you think it's going to come to fruition? MS. KIERKIEWICZ: So right now Eric Winert is working with Public Works to get a lot of the topography and survey work done in order to get a permit. And then we've already pinged SHPD (State Historic Preservation Division) to let them know this is coming on the pipeline. My understanding was SHPD was going to prioritize reviewing recovery related projects. And so very hopeful that this summer we're going to be hitting the ground. CHR. CHUNG: Terrific, terrific. Okay. Congratulations and thank you. We have motion on the floor, all those in favor MR. KANEALI`I-KLEINFELDER: Chair. CHR. CHUNG: Yeah. I'm sorry. Matt, go ahead. MR. KANEALI`I-KLEINFELDER: I just want to support this resolution, and good job. I talked to Eric Winert earlier this week and he said he was in Page 9 Hawaii County Council-40 May 20,2020 discussion. I asked if I could help and he said that he'd gotten there with you and with R&D and it was good to hear. Some points that got me that were interesting was the—even though there's an existing right of way, we still have to go back to SHPD to ask them if we can bulldoze and cut a road back on an existing right of way, which I find to be incredulously wasteful of time and people's energy. So I'm glad you're overcoming that and I wish that there was a little bit more preemption on their part to allow us to recut roadways that already existed, because that makes no sense. That a homeowner or a property owner or even a rancher or a farm owner has to go through the steps that have been created to do what you're about to do. So after my discussion with him I was ready to go to battle. But I'm glad that this is already done and you're moving and unfortunately there's this many steps involved with helping recovery happen. But good job. Thank you. MS. KIERKIEWICZ: Let's save the battling for another day. I'm just grateful that Sean Naleimaile at SHPD has gone through this a number of times, right, with 132 and a lot of other roads that we were able to support with our Bill 12 money. So I'm very hopeful and very confident that they have a more streamlined process in place. And so I totally hear what you're saying. And we have to find a way to kind of cut through that bureaucracy. And I think we will. I think we're getting there. MR. KANEALI`I-KLEINFELDER: Yes. Just an existing right of way that needs to be redeveloped and you have to go through that many steps to get it back open is just wasteful to say the least. So I'm glad we found a solution, a way forward as we get, you know, some of our papaya industry back in action. Mahalo. Thank you for doing this. Thank you, Diane Ley, too. CHR. CHUNG: And you know, several months ago, you know, the three of us had gone on a little jaunt, right, in that area. And I don't know if this is the affected area. But it really highlighted, you know, the heartbreaking situations, right, that all of those people are going through. So congratulations and thank you, again. We have a motion on the floor. All those in favor signify by saying Ic aye. Vote on Res. 629-20: The motion to adopt Res. 629-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung–8. Noes: None. Absent: Council Member David– 1. Excused: None. Page 10 Hawaii County Council-40 May 20,2020 CHR. CHUNG: Motion carried. Res 632-20: 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 PEOPLES ADVOCACY FOR TRAILS HAWAII FOR A REIMBURSEMENT OF EXPENSES RELATING TO THE TRAIL CLEARING AT KE ALA KAHAWAI `O WAIMEA Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 933 Intr. by: Mr. Richards Motion to Approve: Mr. Richards moved to adopt Res. 632-20. Seconded by Ms. Lee Loy. CHR. CHUNG: Any discussion there? MR. RICHARDS: Just real quick. I ask for my colleagues' support. This is to get a chipper so that we can chip some of the trees that are being removed. So I ask for your support. CHR. CHUNG: Okay. We have a motion on the floor. All those in favor signify by saying "aye." Vote on Res. 632-20: The motion to adopt Res. 632-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member David— 1. Excused: None. Page 11 Hawaii County Council-40 May 20,2020 Res 633-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KU'IKAHI MEDIATION CENTER INC., TO ASSIST WITH COSTS RELATING TO ITS RAPID RESPONSE LANDLORD-TENANT MEDIATION PROGRAM DUE TO THE COVID-19 PANDEMIC Transfers $4,000 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. 934 Intr. by: Mr. Chung Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 633-20. Seconded by Ms. Lee Loy. CHR. CHUNG: Any discussion? MS. KIERKIEWICZ: Chair, if I could just say thank you. Thank you. Thank you to my colleague in Puna, Mr. Kaneali`i-Kleinfelder, for your support of this program. I'm staying in touch with both of the mediation centers and we have gotten a lot of great press locally and nationally. Other states have even called them to ask them how they set up their program. So I'm just really excited about the influence and impact this has had. And so thank you for your support. I appreciate it. CHR. CHUNG: Okay. Thank you. We have a motion on the floor. All those in favor signify by saying "aye." Vote on Res. 633-20: The motion to adopt Res. 633-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR. CHUNG: Motion carried. MR. RICHARDS: Chair. CHR. CHUNG: Sorry. Page 12 Hawaii County Council-40 May 20,2020 MR. RICHARDS: I was remiss on Resolution 632-20. I needed to ask for a five- day waiver. CHR. CHUNG: Okay. Can we do that Mr. Clerk? MR. HENRICKS: Absolutely. CHR. CHUNG: Can we do a group one at the end or should we do it for each? Because time is of the essence I think now with these CRF's (Contingency Relief Funds) MR. HENRICKS: This meeting now? No. I'm just kidding. CHR. CHUNG: What do you think? MR. HENRICKS: It's ultimately your decision. And it would be up to a member to object to doing so. It's your call. CHR. CHUNG: Why don't we just do it at the end? MR. RICHARDS: Sounds good. Let's do it at the end. CHR. CHUNG: Is that fine? MR. HENRICKS: Yeah. Then it'll be clear that it applies to each and every resolution that was adopted on this day. CHR. CHUNG: I saw that the Mayor changed his stance today, I read in the paper, about the CRF's. MR. KANEALI`I-KLEINFELDER: How was the headline? CHR. CHUNG: Yeah. MS. LEE LOY: There. CHR. CHUNG: Kind of misspelled a word there. But it's not his fault. It's kind of too late for us, though. MR. HENRICKS: I would like to, also since you brought that up, I did receive correspondence from Ms. Cook-Lauer reminding me that she does not write headlines. And that she would be here today but she has some dental issues that preclude her from wearing a mask. So I do say to everybody on her own suffering she is working from home today watching us right now. Page 13 Hawaii County Council-40 May 20,2020 CHR. CHUNG: Okay. MR. RICHARDS: So do we say, "Hi, Nancy." MR. HENRICKS: Yes. She might appreciate that. CHR. CHUNG: So where are we at anyway? MR. HENRICKS: We are on Resolution 634-20. If you'd like me to read that in? CHR. CHUNG: Okay. Go ahead. Res 634-20: 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 ISLAND OF HAWAII YMCA FOR EXPENSES RELATING TO ITS COVID-19 FIRST RESPONDER CHILD CARE EXTENDED DAY CAMP Transfers $800 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 935 Intr. by: Mr. Chung Vote on Res. 634-20: Ms. Kierkiewicz moved to adopt Res. 634-20. Seconded by (Adopted) Mr. Richards and carried by the following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR. CHUNG: Motion carried. Page 14 Hawaii County Council-40 May 20,2020 Res 635-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO WEST HAWAII COMMUNITY HEALTH CENTER, INC., FOR EXPENSES ASSOCIATED WITH ASSEMBLING COMMUNITY HEALTH AND WELLNESS KITS Transfers $4,000 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. 936 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to adopt Res. 635-20. Seconded by Ms. Villegas. CHR. CHUNG: Ms. Eoff, you want to make a comment? MS. EOFF: Just to say I wanted to thank the West Hawaii Community Health Center for all they've been doing for our community. And this money will help to support a project they currently are doing to provide supplies for health and wealth. Supplies include health and wellness information, hygiene items, and food items. So thank you to them. And thank you for your support. CHR. CHUNG: Thank you. Okay. We have a motion on the floor. All those in favor say "aye." Vote on Res. 635-20: The motion to adopt Res. 635-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR. CHUNG: Motion carried. Page 15 Hawaii County Council-40 May 20,2020 Res 636-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KU'IKAHI MEDIATION CENTER INC., TO ASSIST WITH COSTS RELATING TO ITS RAPID RESPONSE LANDLORD-TENANT MEDIATION PROGRAM DUE TO THE COVID-19 PANDEMIC Transfers $1,250 from the Clerk-Council Services –Contingency Relief account (Council District 5); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 937 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 636-20. Seconded by Ms. Kierkiewicz. CHR. CHUNG: Matt. MR. KANEALI`I-KLEINFELDER: I ask for everyone's support. This is an interesting program. We all know how many people have been affected by COVID-19 and what bills we could or could not pay in that time period. And this is to start to begin a process, which I think is not maybe shining right now but will be coming very transparent in the next few months as people start to come into what bills they can and cannot pay as different levels of funding dry up. And it's going to affect—well this mediation that's being put out by Ku`ikahi Mediation and Julie Mitchell—and it's going to be I think quite necessary for a lot of people when you start looking at how you're going to pay back maybe three or four months of rent that you may be behind on. And that's not going to be a small number for a lot of people. So to get ahead of that problem and use mediation as a beginning point, that's a great first step. So I appreciate being able to fund this project. I didn't have that much funds to give but I did what I could. So mahalo to everyone involved and I ask for your support. CHR. CHUNG: Okay. Anyone else. All those in favor say "aye." Vote on Res. 636-20: The motion to adopt Res. 636-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung–8. Noes: None. Absent: Council Member David– 1. Excused: None. Page 16 Hawaii County Council-40 May 20,2020 CHR. CHUNG: Motion carried. Res 637-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT WEST HAWAII COMMUNITY HEALTH CENTER, INC., FOR EXPENSES ASSOCIATED WITH ASSEMBLING COMMUNITY HEALTH AND WELLNESS KITS Transfers $1,500 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. 938 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 637-20. Seconded by Ms. Eoff. CHR. CHUNG: Ms. Villegas. MS. VILLEGAS: I just want to also thank West Hawaii Community Health Center and their outreach team. They're health and wellness kits are extremely effective and efficient. And I was really grateful to participate in their outreach to some of our houseless community and provide these kits in this time of extreme need. So I just ask for your continued support. CHR. CHUNG: Okay. We have a motion on the floor. All those in favor signify by saying "aye." Vote on Res. 637-20: The motion to adopt Res. 637-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR. CHUNG: Motion carried. Page 17 Hawaii County Council-40 May 20,2020 Res 638-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KEALAKEHE PROJECT GRAD TO ACKNOWLEDGE AND CONGRATULATE THE 2020 GRADUATES OF KEALAKEHE HIGH SCHOOL AND WEST HAWAII EXPLORATIONS ACADEMY Transfers $2,000 from the Clerk-Council Services –Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 939 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 638-20. Seconded by Ms. Eoff. CHR. CHUNG: Ms. Villegas. MS. VILLEGAS: I just, you know, want to point out here that earlier in the year as we were navigating our way through the challenges presented by COVID-19, we had already allocated, I had already allocated these funds for project grad and had thought they weren't going to be able to do—well they can't do the same things they've done in years prior. But I want to congratulate them, the dedicated parents and students and teachers who are putting together a special celebration, different than what it's been in years past. But with these resources they will be able to give a special gift and make sure to create, I believe it's going to be a great experience that still celebrates the accomplishments of this brave class of 2020. So I thank you for your support. CHR. CHUNG: Okay. We have a motion on the floor. All those in favor signify by saying "aye." Vote on Res. 638-20: The motion to adopt Res. 638-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung–8. Noes: None. Absent: Council Member David– 1. Excused: None. CHR. CHUNG: Motion carried. Page 18 Hawaii County Council-40 May 20,2020 Res 639-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO LA`I`OPUA 2020 FOR EXPENSES RELATED TO PROVIDING FREE MEAL PACKAGES IN KONA DURING THE COVID-19 PANDEMIC Transfers $12,620 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 940 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 639-20. Seconded by Ms. Eoff. CHR. CHUNG: Ms. Villegas. MS. VILLEGAS: Yeah. Thank you. I do want to acknowledge that this is probably the largest contingency fund contribution that I've made so far. And in talking to the different nonprofit groups that we've been working with here on the west side in the last couple of months, it's become increasingly obvious, and we've been made very much aware that the need for food is the highest need at this point. And La`i`6pua being an organization that has been feeding our communities weekly and now is going to be transitioning into meal packages. And also in the interest of time and making sure that none of the contingency funds allocated to District 7 go unused during this fiscal year, that's the main reason for this large contribution at this time to make sure that everything gets used and every effort gets made to make sure that people are not going hungry in this time of crisis. With that I yield. CHR. CHUNG: Okay. We have a motion on the floor. All those in favor say Ic aye. Vote on Res. 639-20: The motion to adopt Res. 639-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR. CHUNG: Motion carried. Page 19 Hawaii County Council-40 May 20,2020 Res 640-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KEALAKEHE PROJECT GRAD TO ACKNOWLEDGE AND CONGRATULATE THE 2020 GRADUATES OF KEALAKEHE HIGH SCHOOL AND WEST HAWAII EXPLORATIONS ACADEMY Transfers $4,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 941 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to adopt Res. 640-20. Seconded by Ms. Villegas. CHR. CHUNG: Ms. Eoff. MS. EOFF: I believe Ms. Villegas has already explained this one. So mahalo. CHR. CHUNG: Okay. We have a motion on the floor. All those in favor say Ic aye. Vote on Res. 640-20: The motion to adopt Res. 640-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR. CHUNG: Motion carried. Page 20 Hawaii County Council-40 May 20,2020 Res 641-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO LA`I`OPUA 2020 FOR EXPENSES RELATED TO PROVIDING FREE MEAL PACKAGES IN KONA DURING THE COVID-19 PANDEMIC Transfers $3,620 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 942 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to adopt Res. 641-20. Seconded by Ms. Villegas. CHR. CHUNG: Ms. Eoff. MS. EOFF: I don't have anything more to add to that. Thank you. CHR. CHUNG: Alright. MS. EOFF: Just thank you. I'd just like to thank them for doing all the work they've been doing and to continue to provide food. CHR. CHUNG: Well thank you to you, too. So we have a motion on the floor. All those in favor say "aye." Vote on Res. 641-20: The motion to adopt Res. 641-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR. CHUNG: Motion carried. Page 21 Hawaii County Council-40 May 20,2020 Res 642-20: 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 KEAUKAHA PANA`EWA COMMUNITY ALLIANCE TO ASSIST EITH EXPENSES RELATING TO THE KEAUKAHA-PANA`EWA FARMERS MARKET Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 943 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 642-20. Seconded by Mr. Richards. CHR. CHUNG: Ms. Lee Loy. MS. LEE LOY: Yes. Thank you, Chair. I'm going to be asking for everyone's support. This is to help their farmers market in getting a hand washing station. But if I could please call Deanna Sako forward. You know, Ms. Sako, we just went through the better part of maybe 15 resolutions that identify this as COVID response. And we'll be getting, you know, that$80 million. Is this some cost that we could seek reimbursement from based on the guardrails that we know about with the $80 million that's coming from the state? (Note: At this time, Finance Director Deanna S. Sako came forward to address the members of the Council.) MS. SAKO: We have actually been keeping track of them. And we're going to meet with Corporation Counsel, hopefully next week to kind of discuss all the guidelines of the money because the federal money does haveI mean even though it's coming from the state, it's really federal money. And so we have to follow those rules. So we're going to be kind of going through each one just to make sure we're good. Because, you know, there's a lot of rules that wasn't already included in current budget and things like that. So we just want to make sure we're all on the same page because we don't want it to be five years from now when they're auditing us and we're having to pay back the money. So we want to keep it clean. MS. LEE LOY: Yeah. Thank you. Thank you, Deanna. MS. SAKO: But we're definitely, but we have been tracking all of them. Page 22 Hawaii County Council-40 May 20,2020 MS. LEE LOY: Yeah. That would be great. And if we could probably try and find and build some nexus between the money and other opportunities that we might have in community. And then help the rest of this body, you know, help community more. This might be an opportunity. So thank you, Deanna. Chair, with that I'm going to also be recusing myself from this particular vote, and I've said this before, down in the homestead, we're all related. So members of the Keaukaha Pana`ewa Farmers Association and the alliance are family and/or extended family. So with that I will be asking for my colleagues support but I will not be voting on this matter. CHR. CHUNG: Is that the final answer? MR. HENRICKS: Mr. Chair, it's your decision. CHR. CHUNG: Yeah. I would prefer that you vote on this. You're not getting any kind of direct benefit, right, on this thing? It's monies from your CRF account. You introduced this. We're there already. So you may as well vote on it, right? Two thousand for the benefit of that community of which you are a part of. I don't see any problem quite frankly. I mean whatever is your comfort level. But I would say, you're far into it already so you may as well just go all the way. Is that okay? Alright. Okay. So we have a motion on the floor. All those in favor say "aye." Vote on Res. 642-20: The motion to adopt Res. 642-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR. CHUNG: Motion carried. Page 23 Hawaii County Council-40 May 20,2020 Res 643-20: 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 FOOD BASKET, INC., FOR EXPENSES RELATED TO COVID-19 EMERGENCY FOOD DISTRIBUTION IN SOUTH KONA, OCEANVIEW, KA`U AND VOLCANO Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 944 Intr. by: Ms. David Vote on Res. 643-20: Mr. Richards moved to adopt Res. 643-20. Seconded by (Adopted) Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, and Chair Chung—7. Noes: None. Absent: Council Members David and Villegas —2. Excused: None. CHR. CHUNG: Resolution 643 is approved. Vote on Motion Ms. Lee Loy moved to suspend Council Rule 15 to waive to Suspend the five-day hold for reconsideration on all resolutions listed Council Rules: on the agenda. Seconded by Mr. Richards and carried by (Approved) the following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, and Chair Chung—7. Noes: None. Absent: Council Members David and Villegas —2. Excused: None. CHR. CHUNG: And before we get off the topic, though, I have one question and maybe Deanna might be the best person to answer this. And it relates to that newspaper article today on the CRFs. If we get some CRF, our resos, approved at our first meeting now in June and we had a waiver of that holdover period, would we be able to get those monies out in time before the end of the year or are we too late? Page 24 Hawaii County Council-40 May 20,2020 (Note: At this time, Finance Director Deanna S. Sako came forward to address the members of the Council.) MS. SAKO: No. As usual we always do our best to help the community. CHR. CHUNG: Is that a yes or MS. SAKO: That's ayes. CHR. CHUNG: Okay. Thank you. Alright. Thank you very much. MR. RICHARDS: Good to know. MR. KANEALII-KLEINFELDER: Thank you. BILLS FOR The Chair directed the Council to proceed to the next order of business, ORDINANCES Bills for Ordinances (First Reading). (FIRST READING): Bill 161: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED RELATING TO PARKING Amends Section 24-281, Schedule 29 (parking prohibited during certain hours on certain streets; tow-away zone), Subsection (c), South Hilo, by adding a new listing for a portion of Lanihuli Street. Reference: Comm. 908 Intr. by: Ms. Lee Loy (B/R) Waived: PWMTC Motion to Approve: Ms. Lee Loy moved to pass Bill 161 on first reading. Seconded by Mr. Richards. CHR. CHUNG: Any discussion? MS. LEE LOY: No, Chair. This is just function and form from the department to add it to our section within our code. At the attachment of the bill there's actually a great map identifying the road. So if anybody has questions, the department is available to answer any questions. With that I yield. CHR. CHUNG: Okay. If not we have a motion on the floor. All those in favor say "aye." Page 25 Hawaii County Council-40 May 20,2020 Vote on Bill 161: The motion to pass Bill 161 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR. CHUNG: Motion carried. Bill 162: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 2, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO MOVING VEHICLES Amends Section 24-264, Schedule 12 (stop intersections), Subsection (d), Ka`u, by adding a new listing to accommodate a four-way stop at the Kamani and Pikake Street intersection. Reference: Comm. 909 Intr. by: Ms. Lee Loy (B/R) Waived: PWMTC Vote on Bill 162: Mr. Richards moved to pass Bill 162 on first reading. (Approved) Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR. CHUNG: Motion carried. Page 26 Hawaii County Council-40 May 20,2020 Bill 163: 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 —Section 5339 grant for Bus & Bus Facilities Fiscal Years 2017-2020 account($4,180,000); and appropriates the same to the following Section 5339 Grant for Bus & Bus Facilities accounts: Fiscal Year 2016-2017 ($1,000,000); Fiscal Year 2017-2018 ($380,000); Fiscal Year 2018-2019 ($1,400,000); and Fiscal Year 2019-2020 ($1,400,000). Funds in the amount of$520,000 would be used by the Mass Transit Agency to purchase two 35-foot buses, and the remainder reflects a change to the account titles for housekeeping purposes. Reference: Comm. 915 Intr. by: Ms. David (B/R) Waived: FC Vote on Bill 163: Mr. Richards moved to pass Bill 163 on first reading. (Approved) Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR. CHUNG: Motion carried. Bill 164: 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 State Emergency Management System (EMS) account ($3,970,683); and appropriates the same to the following accounts: Fire EMS — Salary and Wages ($2,943,581); Fire EMS —Equipment($7,500); and Retirement Benefits ($1,019,602). Funds would be used for collective bargaining and other operating expenditure increases in fiscal year 2019-2020. Reference: Comm. 921 Intr. by: Ms. David (B/R) Waived: FC Page 27 Hawaii County Council-40 May 20,2020 Vote on Bill 164: Mr. Richards moved to pass Bill 164 on first reading. (Approved) Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR. CHUNG: Motion carried. Bill 166: 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 —Hawai`i Fire Department(HFD) Cordless Extrication Kit grant account($37,553.62); and appropriates the same to the Hawaii Fire Department Cordless Extrication Kit grant account to purchase the equipment for rescue operations. Reference: Comm. 923 Intr. by: Ms. David (B/R) Waived: FC Vote on Bill 166: Mr. Richards moved to pass Bill 166 on first reading. (Approved) Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR. CHUNG: Motion carried. Page 28 Hawaii County Council-40 May 20,2020 Bill 167: 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 —Child Passenger Safety Program account($16,586.82); and appropriates the same to the Child Passenger Safety Program account for educational outreach on the use of child safety seats. Reference: Comm. 924 Intr. by: Ms. David (B/R) Waived: FC Vote on Bill 167: Mr. Richards moved to pass Bill 167 on first reading. (Approved) Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR. CHUNG: Motion carried. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): Bill 158: ADOPTS A PAY PLAN FOR PERSONS EMPLOYED BY THE COUNTY OTHER THAN THOSE WHOSE PAY IS OTHERWISE PROVIDED FOR, DESIGNATES PAYROLL PERIODS, PAY DAYS, PRESCRIBES REQUIREMENTS WITH RESPECT TO OFFICIAL FIDELITY BONDS, AND REPEALS ORDINANCE NO. 19-68 AND ALL AMENDMENTS THERETO, SAID ORDINANCE TO BE KNOWN AS THE SALARY ORDINANCE OF 2020 Establishes rates of compensation for appointed employees in the Legislative Branch and the Office of Housing and Community Development, the County Physician, and Student Helpers and Senior Community Services Aids for various County agencies. Reference: Comm. 873 Intr. by: Ms. David (B/R) First Reading: May 6, 2020 Page 29 Hawaii County Council-40 May 20,2020 Motion to Approve: Mr. Richards moved to pass Bill 158 on second and final reading. Seconded by Ms. Lee Loy. CHR. CHUNG: Deanna, can you come up? Did this change from last year? Do you know? (Note: At this time, Finance Director Deanna S. Sako came forward to address the members of the Council.) MS. SAKO: I don't have it in front of me but I believe they added additional steps for certain classifications. MR. HENRICKS: I can help a little bit with that if you'd like? CHR. CHUNG: Yes. Please. MR. HENRICKS: There were some title changes and things. But if you mean just as far as salary figures, some steps were added for the Audit Analyst that work for the Office of the Legislative Auditor. CHR. CHUNG: Which one is that? MR. HENRICKS: It's under AU, I believe. CHR. CHUNG: AU. Okay. MR. HENRICKS: And then also the Administrative Assistant that serves the Office of the Legislative Auditor, some steps were added as well. CHR. CHUNG: What's the initials on that one? MR. HENRICKS: I believe it's AD. CHR. CHUNG: Okay. So a couple more steps. Okay. MR. HENRICKS: Those would take effect July 1, 2020, and of course be subject to the scrutiny of the auditor to do anything with those steps. CHR. CHUNG: Of course. MR. HENRICKS: Yes. CHR. CHUNG: Yes. So I'm just wondering if maybe next year we're going to start moving other things up as well. You know, it's a hell of a time to even talk about increases but, you know Page 30 Hawaii County Council-40 May 20,2020 MR. HENRICKS: Certainly. CHR. CHUNG: It would enable us. There's a lot of, you know, staff people who have worked many years and then, you know, they might be mired in a certain salary spot, you know, hopefully we can MR. HENRICKS: I can give you a little insight into that. And it is, you know, looking into the future. And so at this point and time, we'd also wanted to do some housekeeping for this matter. There are some steps in there that really haven't been used in a long time. They're very lower rung. But when we do that, when we change the lettering, then it would require a lot of paperwork. CHR. CHUNG: Right. MR. HENRICKS: Pencil pushing to accommodate for the change in the classifications. So we were anticipating waiting until October to ask the Council to amend this salary ordinance that will be in effect. CHR. CHUNG: Okay. MR. HENRICKS: And then the effective date would essentially be 12 noon at the Council transition when the new paperwork would be required anyway. CHR. CHUNG: Okay. MR. HENRICKS: So that will fold in nicely. CHR. CHUNG: Good. MR. HENRICKS: At that time then maybe we'll have a better picture of what the world looks like when it comes to finances. CHR. CHUNG: Yes. MR. HENRICKS: And the Council would perhaps entertain adding steps to accommodate people that we anticipate being reappointed that might be, you know, at a the way you described it. CHR. CHUNG: Right. I understand. It's in no way to suggest that, you know, we're looking at, you know, giving raises right now. MR. HENRICKS: Sure. CHR. CHUNG: But, you know, at least it opens up the possibility in the future. Page 31 Hawaii County Council-40 May 20,2020 MR. HENRICKS: Correct. And I think we're somewhat fortuitist to kind of, you know,just wait for now. CHR. CHUNG: Right. Okay. Thank you. MR. RICHARDS: Chair. CHR. CHUNG: Yes. Go ahead. MR. RICHARDS: Just a quick comment. And thanks for bringing that up. Just for the people watching who maybe were not aware of this coming forth, this is primarily a housekeeping issue as far as going forward. And it's not about giving a bunch of raises because we're very sensitive at the time MR. HENRICKS: No. No. And to be clear too, we're adopting a salary ordinance annually is required. So even if there are no changes from year to year the Council must adopt a salary ordinance prior to June 30'', 2020, to have something in place for July 1, 2020. They go with the fiscal year, not the calendar year. MR. RICHARDS: Thanks, Clerk. And that's for the people out there that may be a little bit confused. So appreciate that. Thank you, Chair. CHR. CHUNG: And thank you for that clarification, Mr. Richards. Okay. We have a motion on the floor. All those in favor say "aye." Vote on Bill 158: The motion to pass Bill 158 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR. CHUNG: Motion carried. Page 32 Hawaii County Council-40 May 20,2020 Bill 160: AMENDS SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE TO FAMILY RESIDENTIAL— 7,500 SQUARE FEET (RS-7.5) AND MULTIPLE FAMILY RESIDENTIAL— 3,500 SQUARE FEET (RS-3.5) TO RESIDENTIAL AND AGRICULTURAL— THREE ACRES (RA-3A) AND SINGLE FAMILY RESIDENTIAL— 20,000 SQUARE FEET (RS-20) AT PAHOEHOE 2ND, NORTH KONA, HAWAII, COVERED BY TAX KEY NOS: 7-7-008:124 (Applicant: BNP Paribas VPG Brookline CRE, LLC) (Area: 29.949 acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to construct up to 45 single-family residential units. The property extends west from Kuakini Highway and is located east and west of the La`aloa Avenue extension. Reference: Comm. 889 Intr. by: Ms. Kierkiewicz (B/R) First Reading: May 6, 2020 Vote on Bill 160: Ms. Kierkiewicz moved to pass Bill 160 on second and (Adopted) final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member David— 1. Excused: None. Bill 165: 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($500,000); and appropriates the same to the Voucher Rental Subsidies account, for a total appropriation of$19,727,430. Funds would be used for housing assistance payment subsidies for eligible participants and to cover various expenses due to the COVID-19 pandemic. Reference: Comm. 922 Intr. by: Ms. David (B/R) First Reading: May 13, 2020 Motion to Approve: Mr. Richards moved to pass Bill 165 on second and final reading. Seconded by Ms. Kierkiewicz. Page 33 Hawaii County Council-40 May 20,2020 MS. SAKO: Chair? (Note: At this time, Finance Director Deanna S. Sako came forward to address the members of the Council.) CHR. CHUNG: Yes. Please. Deanna. MS. SAKO: We need to make the last payment on June 1st, if we could ask to waive the five-day hold please. MS. LEE LOY: Chair, motion to waive. CHR. CHUNG: Wait. We're not through yet. All those in favor say "aye." Vote on Bill 165: The motion to pass Bill 165 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR. CHUNG: Motion carried. Go ahead, Ms. Lee Loy. Vote on Motion Ms. Lee Loy moved to suspend Council Rule 15 to waive to Suspend the five-day hold for reconsideration of Bill 165. Seconded Council Rules: by Mr. Richards and carried by the following voice vote: (Approved) Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas and Chair Chung—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR. CHUNG: Motion carried. Page 34 Hawaii County Council-40 May 20,2020 Bill 168: 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 Grants —Coronavirus Relief—CARES Act account($11,554, 470); and appropriates the same to the Coronavirus Relief— CARES Act. The funds would be used to cover unanticipated costs for necessary expenditures incurred due to the COVID-19 pandemic. Reference: Comm. 925.2 Intr. by: Ms. David (B/R) First Reading: May 13, 2020 Vote on Bill 168: Mr. Richards moved to pass Bill 168, Draft 2, on second Draft 2 and final reading. Seconded by Ms. Lee Loy and carried (Adopted) by the following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member David— 1. Excused: None. CHR. CHUNG: Motion carried. Deanna, do we have to do the same thing for this one too? Okay, Ms. Lee Loy. Vote on Motion Ms. Lee Loy moved to suspend Council Rule 15 to waive to Suspend the five-day hold for reconsideration of Bill 166. Seconded Council Rules: by Mr. Richards and carried by the following voice vote: (Approved) Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas and Chair Chung—8. Noes: None. Absent: Council Member David— 1. Excused: None. Page 35 Hawaii County Council-40 May 20,2020 Bill 169: AMENDS CHAPTER 19 OF THE HAWAII COUNTY CODE 1983 (Draft 2) (2016 EDITION, AS AMENDED), ARTICLE 6, BY ADDING A NEW SECTION TO CREATE TWO TIERS FOR THE RESIDENTIAL CLASS; AND ARTICLE 11, SECTION 19-90, BY ADDING A NEW SECTION AUTHORIZING COUNCIL TO SET TAX RATES FOR EACH TIER, RELATING TO REAL PROPERTY TAX Establishes two tiers of tax rates for properties classified as Residential; Residential Tier One Property and Residential Tier Two Property. Residential Tier Two property tax rates would apply to properties in the Residential class with an assessed value of$2 million or more that are not receiving a home exemption, or properties in the Residential class that are vacant land with an assessed value of $2 million or more. Reference: Comm. 926.2 Intr. by: Ms. David and Mr. Chung First Reading: May 13, 2020 Motion to Approve: Mr. Richards moved to pass Bill 169, Draft 2, on second and final reading. Seconded by Ms. Lee Loy. CHR. CHUNG: Discussion? Go ahead. MR. RICHARDS: Thank you, Chair. I don't support this bill. And for those of you wondering why I asked move to approve, I am Vice Chair of Finance and I am helping the process going forward. But I do not support the bill. Let me explain why. We are in a time of financial distress and crisis. And any concept of raising taxes at all I think is the wrong direction. We have an economy that we have to work on very diligently. And having entertaining the conversation going forward of raising taxes just does not sit right with me. To further that, approximately this will affect approximately 930 plus properties that pay now almost 20 percent of our real property tax collections. All on the west side. This is the time when it's more important to have people wanting to invest in our community. And at a different time, as I said before, if we had a plan for this funding and we went to the community that it most directly affects and sought their input, I might be persuaded. There's been concept about using funding for affordable housing going forward. I think there's a lot of merit in that conversation. But that's a conversation for a later time. Today, right now, what we need is to figure out what we best can do to reinvigorate our economy. And taxing our way out of a recession, I just don't support it. Chair, I'm going to yield. CHR. CHUNG: Thank you. Ms. Poindexter. Page 36 Hawaii County Council-40 May 20,2020 MS. POINDEXTER: Yeah. We're not raising the taxes. We're putting an option out there that if we need to use it at some point. You know, we're going to try and figure out how we're going to balance the budget in the upcoming weeks because we're going to be working on the budget. But we need a list of things of how, what we can and cannot do or what we can and maybe should or shouldn't do. And that discussion, like I said, it's going to happen in the next coming weeks. But we need all the list of options for us to deal with it. This may be one of the options. It may not be. So I look forward to all of us trying to figure out how we're going to balance the budget without raising any taxes. So we need to work hard and come up with some recommendations so that we don't have to use this. You know, there's other ways to do it besides raising taxes, maybe, maybe not. Right now, you know, I was talking with a friend and they said, "Gosh, you guys are like throwing you're going to be throwing darts at the wall." And I said, "Yeah, doing it blindfolded." Because we don't know what we're up against right now. So we need everything to be able to look at things that we may be able to help us get out of this mess that we're in. And if this is just one of the suggestions, I say put the suggestions on the list. If we don't have it then we cannot choose from that list if we're desperate and we have to. So that's why I'm supporting this. Thank you. I yield. Thank you. CHR. CHUNG: Okay. Let me just make a comment about what Ms. Poindexter said too, you know, the kind of situation that we're been put in. You know, a lot of what we have to deal with is being driven by the Federal Government and the State Government. And these things happening really quickly. Like for example, City and County got a big lump sum from the CARES package early on. But we still haven't received ours yet. It's going to happen pretty soon, but we still haven't gotten that yet. And TAT (Transient Accommodations Tax)was, you know,just taken away from us just about a week and a half ago. We kind of figured it was going to happen. But it was formally done about a week and a half ago. And so we're having to react very quickly to a set of circumstances that are really beyond our control. So I just wanted the public to understand that and hopefully it sheds a little bit more light on what we're going through and what we're going to have to go through within the next two weeks. But Deanna, can you come up please? (Note: At this time, Finance Director Deanna S. Sako came forward to address the members of the Council.) CHR. CHUNG: First of all, City and County has a two tier taxing system, right? MS. SAKO: Yes. They do. Page 37 Hawaii County Council-40 May 20,2020 CHR. CHUNG: Maybe just a slight difference from ours. But they do have that. What about Maui County? MS. SAKO: Yes. They do have tiered rates. CHR. CHUNG: They do have tiered rates. MS. SAKO: Several classes actually. CHR. CHUNG: Okay. Okay. And that's something we could look into later on, possibly, I mean assuming that this passes today. How about Kauai County? MS. SAKO: I believe they either have it or they're going towards it. CHR. CHUNG: Okay. Okay. So this is—we're not the only ones who are going to have something like this, right? It's something that's MS. SAKO: Yeah. We're probably one of the last ones doing this, yeah. CHR. CHUNG: Okay. Okay. Alright. And do we need to waive any kind of holdover requirements on this one? MS. SAKO: I think, yes. Based on the timetable we worked out, yes, we would appreciate if you could waive the five-day hold. CHR. CHUNG: Yeah. Alright. Okay. Anyone else want to talk about this? Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I'm just going to touch real quickly on a lot of emails that we had which was to actually drop the $2 million threshold to $1 million threshold which would affect a larger number of parcels. And that's in line with what some of the other counties have done. So in some ways what we're putting on the table, and like I have to agree with Valerie, is that we're not actually increasing any taxes right now. We're just giving ourselves an option. But what we're putting on the table is I'd say a lesser evil of what you're seeing in some other counties for certain properties and property owners on our island. So I'm just putting that on the table. CHR. CHUNG: Okay. Thank you. And yeah, it's kind of interesting that you should bring that up, Matt, because I actually had the Finance Department, Deanna, prepare an amendment for me, which I'm not going to be surfacing though, to bump it up instead of dropping it to a million to bump it up to $3 million. Because, you know, I was really taken by, you know, that person talking about their property out, it seems it's in the Puako area. Long time guys, Page 38 Hawaii County Council-40 May 20,2020 right, and you know, we don't want to tax those people out of their homes so that it goes to, you know, other persons too. So I was, you know, really touched by that one. But, you know, I'm not going to be surfacing that today. And, you know, I wanted to make some comments about Mr. Richards' position too. Everything he brings up is certainly valid. I don't think anyone can disagree with the validity of those points. You know, we just have different points of view right now. But I know also that he's looking at ways, you know,just as he stated to try and bridge the gap between those affected and the general public. You know, whether it be through, you know, devoting some of these funds later on, if we do get those funds, to things that are sorely needed in our community. And also, you know, he did mention things about possible ways of decreasing that tax liability but still infusing the community with some money too. Very interesting thoughts. So that's something, you know, I know where he's coming from. And he's not just saying no. He's trying to look at ways that we can really make this thing a positive for both sides. So thank you very much, Mr. Richards. Anyone else? MS. VILLEGAS: Yes please, Chair Chung. CHR. CHUNG: Yes. Rebecca, go ahead. MS. VILLEGAS: Great. Thank you so much. I've received a number of emails as well. Some in support and some in opposition of Bill 169. I wanted to acknowledge some really beautiful emails that I've received from people who are local people who worked at a number of these high-end community kind of luxury homes subdivisions and just acknowledge and validate that this isn't coming from a place of claiming that they're greedy and selfish or any of those kind of things. I personally acknowledge the positive impact and influence and education and access that many of these homeowners have contributed to members of our community and young people, and providing them access to further their careers. Not just in the service industry and that capacity within the subdivision, but really supporting their overall growth and then allowing them to further contribute to our community. So I just, I want to make it very clear as much as possible that this isn't—in my perspective this is a wise creation of another tier of tax relevant to—and a lot of people are forgetting this. I got a number of emails, even my own family members reaching out. And people seem to be forgetting this is a second home. This is not if your primary residence has increased in value to over $2 million dollars. These are for second homes and only in residential areas. So I really want to just encourage people to take that into consideration, to also take into consideration the context for the decisions that are being made in other counties and other states. And I feel like a big part of our economy has been built on the Page 39 Hawaii County Council-40 May 20,2020 and even, you know, my own husband works in the industries of building second and third homes for very, very large valuable homes. And I think that in retrospect this is something that could've been put into the tax code. And also in foresight it's something that, you know, as Chair Chung mentioned was actually planning to come later. But under these particular circumstances it's needing to be considered at this time. I just really want to encourage people. The most pushback that I've been hearing are from people that make their living off of these communities and off of selling homes and brokering deals and what not within this community. And I just really, really want to encourage us to recognize that Hawaii is unique. It is so special and it is so amazing. And I do not think that this is going to drastically, negatively affect the desire of people within this kind of a wealth bracket from wanting to invest in second homes here on the Big Island. So that's my kind of broader perspective on this. And to ideally remove some of the contention and the fear base and this and look at a boarder economic plan for, you know, the resilience and sustainability of our economy and how we support it and nurture it when it comes to luxury subdivisions and homes that are really quite amazing, but also far beyond what anyone that makes a more middle class income could ever afford. So our job is to represent everyone in this County. And there is a very, very diverse socioeconomic playing field and many different people that are represented in that. So with that I just want to thank once again those who've sent emails and expressed their appreciation, their loyalty, their concern for the potential of those that live in these higher-end subdivisions as being pegged as greedy and selfish or any of those kinds of things because that I don't by any means was the intention of this bill. And with that I yield. CHR. CHUNG: Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Deanna, I just want to confirm that if CARES Act 4.0 passes it's very likely that this lever that we are considering today is one that we don't have to pull. The CARES Act 4 money could potentially fulfill any budget gaps that we might be encountering right now. MS. SAKO: Yes, in general. And the timing is going to have a significant impact on what decisions are made because, you know, there's certain dates established in the Charter that we have to pass the budget and the Code that we have to setup the real property tax rates by. So yes. I mean the answer is yes it could. Timing is just going to play an important factor in all of it. MS. KIERKIEWICZ: Right. So the coming weeks are going to be very important. And just like Council Member Poindexter said, we need options. You Page 40 Hawaii County Council-40 May 20,2020 know, building a budget is like going to a buffet. As you're putting your plate together you're going to be taking a little bit of this and that and it's possible we need to dig into this new framework, this space. But it's very possible that we don't have to as well. So it's just another option for us to potentially leverage. Okay. Thanks, Deanna, for confirming that. CHR. CHUNG: Ms. Lee Loy. MS. LEE LOY: Thank you. And maybe, Deanna, to help manage expectations, you know, of what we're looking at—all the different timing elements. Can you just give us some broad strokes of passing the budget—well, looking at this as another tool or another lever that we can pull. Passing the budget, the CARES 4.0 Act, you know, what maybe the next four months all the way up through the notification to those property owners, right, that this might be another tax on their property, and their appeals process, so we can kind of understand those broad picture, broad strokes. MS. SAKO: Okay. So tomorrow we have the first reading of the budget. I believe tomorrow is also when the state legislature looks at the $80 million again. We still need the Governor to sign that into law. Then we have second reading of the budget on June 4h. Real property tax rates have to be set by June 19d'. And we would like them to all match what was passed in the budget. In terms of notifying people, once the rates are set then the bills will go out. And we did not change any classifications of people. They're still in residential class. So there's not actually an opportunity to appeal. They will have an opportunity to testify at the rate hearing on June 3rd, I believe it's being scheduled for. MS. LEE LOY: Thanks, Deanna. MS. SAKO: Did I miss some yeah, okay. MS. LEE LOY: Chair, I yield. CHR. CHUNG: Okay. Anyone else? Alright. You know, I wanted to comment on something that Rebecca had said earlier about she doesn't think there's going to be economic effect in terms of people not wanting to buy on our island. I tend to agree with that. You know, there are some of those who are suggesting that there will be a negative impact. I think we'll still be a desirable place for people to purchase. That's my personal feeling. But what I'm concerned about is this, those persons who, you know, own these luxury homes actually contribute so much in the way of community benefits, you know, in terms of donating to nonprofits and like. And you know, we have to really exercise some caution. And yes, going to be a balancing act when we set the rates because we don't want to send a real bad message to those guys who are,you know, contributing so much, because it's going to siphon off a lot of the monies that are going into these Page 41 Hawaii County Council-40 May 20,2020 nonprofits as well. So you know,just be cognizant about that. And that's all I have to say. Anyway we have a motion on the floor. All those in favor signify by, let's do it by roll call vote. Vote on Bill 169: The motion to pass Bill 169, Draft 2, on second and final Draft 2 reading was carried by the following roll call vote: (Adopted) Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Chair Chung—7. Noes: Council Member Richards — 1. Absent: Council Member David— 1. Excused: None. Vote on Motion Ms. Lee Loy moved to suspend Council Rule 15 to waive to Suspend the five-day hold for reconsideration. Seconded by Council Rules: Ms. Kierkiewicz and carried by the following voice vote: (Approved) Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas and Chair Chung—7. Noes: Council Member Richards — 1. Absent: Council Member David— 1. Excused: None. CHR. CHUNG: Okay motion is carried. We've come to the end of our agenda. ADJOURN- There being no further business, at 2:22 p.m., Ms. Kierkiewicz moved to adjourn MENT: the meeting. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member David— 1. Excused: None. Page 42 Hawai`i County Council-40 May 20,2020 CHR. CHUNG: Motion carried. Meeting adjourned. Council Approval: X- 2 2 2020 COU Y CLERK JH/tk/j a Page 43