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HomeMy WebLinkAboutMIN COUNCIL 2020-06-03 2018-2020 Hawaii County Council 42nd Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii June 3, 2020 INVOCATION: Pastor John Endriss at Engage Church Hilo gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:02 a.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) 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 Ms. Rebecca Villegas, Member (via videoconference from Kona) PLEDGE OF The Chair directed the Council to the next order of business, Pledge of Allegiance. ALLEGIANCE: (At this time, Mr. Richards 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: STATEMENTS The Chair directed the Council to proceed to the next order of business, Statements FROM THE from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: (There were none.) Hawaii County Council-42 June 3,2020 COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. (There were none.) CHR. CHUNG: Okay, so, let's now go on to "Order of Resolutions." And why don't we take up, if we could, the second item on the agenda because we have Ron Whitmore from the Administration, and we'd like to get him on his way if possible. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order: Res. 648-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAII AT HILO The County would provide up to $50,000 for a feasibility study relating to updating the island-wide public access Geographical Information System geodatabase. Reference: Comm. 949 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 648-20. Seconded by Ms. Eoff. CHR. CHUNG: Any discussion? MS. DAVID: Yes, Chair. CHR. CHUNG: Yes, go ahead, Maile. MS. DAVID: Could we ask Mr. Ron Whitmore to come forward and explain this grant for the feasibility study? CHR. CHUNG: Okay. MS. DAVID: Thank you very much. (Note: At this time, Acting Program Manager Ron Whitmore, Planning Department, came forward to address the members of the Council.) MR. WHITMORE: Good morning, Council Members, Chair. It's good to see you all. It's been a while. I'm Ron Whitmore, Acting Program Manager for long-range planning for the Planning Department here in Hilo. Page 2 Hawaii County Council-42 June 3,2020 The item before you today is, as is common, when the County wants to engage into an agreement with a government body, it requires a Council resolution authorizing that agreement; one,perhaps, less well-known aspect of the Planning Department's scope. You often see changes of zone, things related to land use, discretionary permits. But the scope of the Planning Department is quite broad and includes the mandates that come down both from HRS (Hawai`i Revised Statutes) 46-6.5, as well as 205A, which speak to the need to provide appropriate access to the public of natural and cultural resources, both mauka and makai. And so, on a regular basis through a variety of ministerial permits, as well as SMA (Special Management Area)permitting processes, the department is including conditions requiring the establishment and maintenance of public access. And in an ongoing way, we facilitate the management of those through complaint procedures, through the development of public access plans, and other related things. The work has been challenging in the last decade or so because our geodatabase that was set up to do this originally back in 2006 has not been regularly updated. And so, as part of a broader effort in improving and strengthening the public access program, we want to start by getting our records in order and tying them in closely with our established geographic information systems, which would greatly facilitate planners' day-to-day management of public access, including the complaint side in administrative permits, subdivision, and SMA staff. And then if it works out well—this is initially a pilot. If it works out well, we'll grow it to a complete geodatabase, which would also have a public phasing component, which would also dramatically increase the public's access to the information that speaks specifically to the terms of conditions associated with public access so that when they have questions about where they can access the ocean or the mountain, under what conditions, where the parking is, signage, etcetera, they can have much easier access to that. So, what we've done is we've negotiated an agreement with the University of Hawaii at Hilo, Spatial Data and Visualization Lab, which is a well-established lab established originally with Federal funding, which does a lot of innovative work on the island. And so, it's going to create an opportunity for both students associated with that lab and the research faculty to assist us in creating this database, doing it in a pilot phase initially for subregions around the island and work out the kinks, test it. And if it works out well, as part of this initial work they'll also include a feasibility assessment of growing out that pilot to include the entire island and a mechanism for keeping the geodatabase updated over time. The funding's actually going to come in two phases. We're going to start the project this fiscal year with some Miscellaneous Contracts funding. And then next year, we hope to be able to use the balance from this year's Coastal Zone Page 3 Hawaii County Council-42 June 3,2020 Management grant, of which we have a little bit of salary savings from. We're going to carry it over in the next year. And if the State doesn't cut their portion of CZM (Coastal Zone Management) funding, we'll then be able to use it for the second phase of this initial pilot for the geodatabase update. MS. DAVID: Thank you, Mr. Whitmore. So, this is scheduled, if everything goes all right, to completion in 2021 sometime, right? MR. WHITMORE: Yes, the SDAV(Spatial Data Analysis and Visualization) Lab is a bit backed up. They won't be able to initiate it until the latter part of this year or early next year. MS. DAVID: Okay, thank you very much. I yield. CHR. CHUNG: Ashley. MS. KIERKIEWICZ: Thank you, Chair. Thanks, Ron, for that really thorough explanation. I'm going to be supporting this wholeheartedly. I like the fact that we are moving in this direction. And I'm hoping that because it's going to be taking a while to get the pilot kind of started and off the ground in places where there isn't appropriate signage for public access, I hope that we can find some funding to erect those signs. Because, I think it's really important that people are informed of the kinds of natural cultural resources that are available to them so that when they are accessing, they're doing it in a very informed and respectful way. And you're giving me great hope because I think you know I'm a fan of trying to get the County to work with State Historic Preservation Division and get them to be a little bit more responsive and more data driven. And I think this provides a really great foundation for how we can engage them and get a lot of their resources, that kind of information, into this sort of space as well. So, thank you. Chair, I yield. CHR. CHUNG: Mr. Richards. MR. RICHARDS: Thank you, Chair. Ron, listening through the conversation, I didn't hear DLNR (Department of Land and Natural Resources) as far as interfacing with DLNR. Maybe I missed it. But is it working? Because when you say, "access to the forest," it's going to be State lands and things like that. So, is this part of the project? MR. WHITMORE: Well, so, mauka, the way it typically works, it's the accesses most commonly established through a subdivision permitting process. So, the law requires that when a parcel connects to an existing access mauka of the parcel and it's appropriate to start an access at the makai end of the parcel, then you would Page 4 Hawaii County Council-42 June 3,2020 do that. So, it does always require some kind of coordination and tie-in with those who—it varies who—mauka is actually—own the land or is managing the access. Could be Federal, could be State. In many cases, there's existing private parcels that have established access. And a lot depends on very site-specific conditions related to the history of trails and government roadways and whatnot. So, it's all very parcel by parcel. And as appropriate, naturally we have to engage the landowners/land managers associated with each property. MR. RICHARDS: I know that some of the concerns in the past, you have land managers that have leases. And I think Dave Tarnas was introducing a piece of legislation at the State level for a liability perspective to absolve the land manager of liability so people can cross. Most land managers I know who are usually ranchers are very willing to have the people cross, but it's a liability issue. And like I said, that has to be part of the conversation. Is the pilot project not quite there yet? Is that what I'm hearing? MR. WHITMORE: Yeah, so, as part of our program improvement process, this is one of three elements to it, and they're all initially focused at County operations. So, in addition to this geodatabase project, we're also working on establishing some very clear templates for how the conditions are crafted in the permitting documents, whether it's an SMA or a subdivision or what have you, so there is increased consistency in those conditions. And then as follow up, to clarify rules and responsibilities within the department on the establishment of the public access plans and the subsequent enforcement, including the enforcement of those conditions to get the plans established in the first place. So, it's mostly an internal focus. The issue you raise is critical. It's been known for many years that that's been a roadblock in many cases for private landowners to want to increase access. And so, I would be very supportive of initiatives of the State because it is a State issue to address that liability issue. So, it's not directly related to that, but it's all part of this broader need island-wide to establish a comprehensive trails and public access system. And that involves many different players and it's going to be a multi-year effort, but it's very supportive and complementary to that initiative. MR. RICHARDS: Okay. It sounds like it's on your radar,just not quite there yet. Because, that's been an issue a long time. Landowners, land controllers, land lessors are supportive of access, but we have to help them get that done. MR. WHITMORE: And their resources need to be protected. Gates need to be closed. MR. RICHARDS: Yup, exactly. Page 5 Hawaii County Council-42 June 3,2020 MR. WHITMORE: People need to manage the caring of invasive species. So, it's a whole range of issues. MR. RICHARDS: Okay, all right, yeah. Well, I'm supporting this. I just want to be sure that that's kept on the radar. Thanks, I yield. CHR. CHUNG: Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Good morning, Ron. Thanks for being here today. So, the GIS (Geographic Information System). We use the GIS here in the County, yeah, and I was under the assumption that we were planning on making this publicly accessible. So, this is in conjunction with us making this public, or this is because I think we were supposed to be granted, as the Council, individual access to GIS data so that we can log in. But that has been, from what I understood, kind of put on hold. MR. WHITMORE: So, that touches a number of topics. But, so, currently, the 2006 inventory that was done is all completely public. So, if you go to the Planning Department's website now and go to the public access section, you'll see what really was designed as a series of brochures to provide information to the public about access. The unfortunate part is it hasn't been regularly updated since then. Plus, technology has also come a long way since then. And so, what's really needed is, starting with that, integrating it into the County's public phasing Geographic Information System. So, the information that's associated with each of these accesses that is public information would be available. The same way today, someone can go to the online portal and get access to zoning information, subdivision information, etcetera. So, it would be the same technology. But IT (Information Technology) also, as we know, is transitioning from the desktop-based GIS system to an online portal. And so, by the time the geodatabase is built up for public access, the system I anticipate would be completely online, which would really maximize public access to that information. MR. KANEALI`I-KLEINFELDER: Yeah, the information on the GIS is amazing. And the ability to overlay different sections of it has been very useful for our office. Even some residents in my district have used it to overlay ALISH (Agricultural Lands of Importance to the State of Hawaii) maps, important agricultural lands, on top of subdivision properties because some of the maps online are very, I'd say, rudimentary, yeah, if you look up GIS data that's provided by the State or other guys. The ability to kind of create really unique maps using different data with the GIS is amazing. MR. WHITMORE: Yeah, it's a very powerful tool for a whole range of planning endeavors as well as community development efforts, yes. Page 6 Hawaii County Council-42 June 3,2020 MR. KANEALI`I-KLEINFELDER: Okay, thank you, Ron. CHR. CHUNG: Anyone else? Kona? There being no further discussion, we have a motion on the floor. All those in favor, signify by saying "aye." Vote on Res. 648-20: The motion to adopt Res. 648-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 649-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Allows for the receipt of$430,640 of Federally-derived funds to be used by the Office of Housing and Community Development for eligible activities within the Section 8 Housing Choice Voucher Program in response to the COVID-19 pandemic. Reference: Comm. 952 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 649-20. Seconded by Ms. Eoff. CHR. CHUNG: Any discussion? MS. DAVID: Chair, I think this is pretty much self-explanatory. But if Mr. Hosaka is there and would like to explain this grant, that would be perfect. CHR. CHUNG: Okay. Duane? (Note: At this time, Housing Administrator Duane Hosaka came forward to address the members of the Council.) MR. HOSAKA: Okay, so, this grant is new money coming in. It's for Admin (Administration)to use. We plan to use at least half to help. We have about Page 7 Hawaii County Council-42 June 3,2020 2,000 vouchers in the Housing Choice Voucher, Project-Based Voucher accounts. So, 2,000 families. So, we plan to, within the rules of what we can spend, purchase cleaning supplies, things that will help these families with the COVID (coronavirus disease) issues. And also, we would purchase and we'd have to deliver; that's part of the rules. And another part that we might try to do or we will do is upgrade our system so we can do more tele-kind of meetings with the tenants. Our system is very old, so we need to upgrade our phones and video systems. CHR. CHUNG: Okay. Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you. Thank you, Chair. Duane, thank you so much. I appreciate that. I was looking at the guidelines that HUD (United States Department of Housing and Urban Development)put out about the kinds of projects and services that housing authorities can do with this administrative money. And so, you talked about some of those eligible activities: the cleaning supplies, the transportation. I was really curious when I saw "incentives to increase or retain owners"because these are tenant-based vouchers. And I wonder if that is going to be part of your plan as well. And they also talked about being able to provide childcare for staff members. So,just curious if that's also part of your admin plan. MR. HOSAKA: So, going to the, I guess, helping the tenants, we have to use the money by December of this year. So, when we looked into that, it wouldn't be in case something happened after, then the landlords might think we're going to cover it, which might be too late. So, we didn't want to go into that. And with the childcare, when we looked into it further, we needed to because, I guess, it will be only used for the Section 8 staff, and it wouldn't be fair to the rest of the County just to provide it for our staff. So, we're going to be using the money, like I said, to help the 2,000-plus tenants get supplies and COVID-related items, and also to upgrade our system to provide better service for the people. MS. KIERKIEWICZ: Okay. And then, we also have the additionalI think it's over $200,000 from the CDBG-DR (Community Development Block Grant- Disaster Recovery) administrative fee that we're using to support your office. So, you guys are keeping track of how we can spend everything so that we're maximizing every dollar and don't have to return anything to the Feds (Federals), right? MR. HOSAKA: Yes. MS. KIERKIEWICZ: Okay. Page 8 Hawaii County Council-42 June 3,2020 MR. HOSAKA: The CDBG-DR, we still haven't received that money, although everything's set to MS. KIERKIEWICZ: Set, ready to go. MR. HOSAKA: Yeah, ready to go. We're still waiting for the final approval from HUD. MS. KIERKIEWICZ: Okay,perfect. I love hearing that you guys have a plan for these monies. Thank you so much. Chair, I yield. CHR. CHUNG: Anyone else? If not, we have a motion on the floor. All those in favor, signify by saying "aye." Vote on Res. 649-20: The motion to adopt Res. 649-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 650-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Allows for the receipt of$266 of Federally-derived funds to be used by the Office of Housing and Community Development for eligible activities within the Mainstream Voucher Program in response to the COVID-19 pandemic. Reference: Comm. 953 Intr. by: Ms. David (B/R) Waived: FC Page 9 Hawaii County Council-42 June 3,2020 Vote on Res. 650-20: Ms. David moved to adopt Res. 650-20. Seconded by (Adopted) Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. I don't think we're going to have any need for you when the appropriation bills come up. So, we're going to just go back to the top of our agenda, and you can go back to work. Thank you, Duane. Return to Order The Chair directed the Council to return to the order of business. of Business: ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. (Note: Items in this category were taken up previously, out of order.) Res. 631-20: AUTHORIZES THE DIRECTOR OF PUBLIC WORKS TO ISSUE LICENSES AND PERMITS FOR CONSTRUCTION OR MODIFICATION OF SMALL WIRELESS FACILITIES IN COUNTY OF HAWAII OWNED RIGHT-OF- WAYS AND COLLOCATION OF SMALL WIRELESS FACILITIES ON COUNTY OF HAWAII OWNED UTILITY POLES, PURSUANT TO CHAPTER 206N, HAWAII REVISED STATUTES, RELATING TO WIRELESS BROADBAND AND COMMUNICATIONS NETWORKS Communication service providers would be able to obtain licenses and permits to access public right-of-ways and use public utility poles for their wireless services. Reference: Comm. 932 Intr. by: Ms. Lee Loy (B/R) Waived: PWMTC Motion to Approve: Ms. Lee Loy moved to adopt Res. 631-20. Seconded by Mr. Richards. CHR. CHUNG: Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. This resolution actually was waived out of Committee. We have a pending application. But at the request of Director Yamamoto, I also have Danny Patel who represents the department, if Page 10 Hawaii County Council-42 June 3,2020 any of you have questions. It's pretty straight forward. It's actually been codified not only in our Code but in the Hawaii Revised Statutes that allows for this right- of-way memorandum of agreement. So with that, Chair, I yield. CHR. CHUNG: Okay. Any other questions, discussion? Kona? MS. VILLEGAS: Yes,please. CHR. CHUNG: Yes, Ms. Villegas, go ahead. MS. VILLEGAS: Thank you, Chair Chung. I have someI received an email from the woman that represents AT&T (American Telephone and Telegraph), which is bringing this proposed agreement forward. I spoke with her yesterday, and I had some very specific questions to cut to the chase. I know myself and I'm pretty sure the rest of the Council Members are consistently contacted by members of the community very concerned about the rollout of 5G (Fifth- Generation Wireless) and 5G technologies and the small cell applications, and the small cell facility or technologies that are necessary in order for 5G to come to the Big Island. And it's my understanding, through reading through many of the documents that were sent to me and through talking to the representative from AT&T that while this is only 4G (Fourth Generation) LTE(Long-Term Evolution)technology and it does enhance the network so that there's no need for an actual tower, and we would need approval to transition to 5G, I just want to express my concerns, as a County, that we recognize where this is headed and how it's headed there and that we will continue to be approached by different communication corporations about putting these small cells on our poles. I feel a level of caution in the need to do a little more due diligence and research so that we are more mindful of what we're setting ourselves up for, and most predominantly because of the nature of 5G and many of the concerns in our community, whether or not they are founded or not. 5G technology is raising a lot of red flags in a lot of communities, and I want to make sure we are exceedingly cautious in any decisions that we make that set us up for creating this grid that would expose us to something that we may not want to be exposed to at this time. However, on the other side, I also will acknowledge the goal especially in these trying times and needing to get businesses and students and schools access to the internet and quicker speed times on internet services. So, this feels like a bigger ask. It just kind of seems like another can of worms that it behooves us to do a little more research about. And with that, I yield. CHR. CHUNG: Mr. Kaneali`i-Kleinfelder. Page 11 Hawaii County Council-42 June 3,2020 MR. KANEALI`I-KLEINFELDER: David, you want to come up to the dais? (Note: At this time, Public Works Director David Yamamoto came forward to address the members of the Council.) MR. KANEALI`I-KLEINFELDER: Good morning, sir. MR. YAMAMOTO: Good morning. MR. KANEALI`I-KLEINFELDER: I just have a couple of questions about this resolution. It seems very simple at first glance. And in light of what Rebecca Villegas just said, I think there are some concerns in the community. I disagree with the idea that nothing can be done with 5G unless they come in and ask. What I've learned so far is that any telephone pole, any cellphone tower can be outfitted with any technology regardless of what that technology is going forward in the future, if it's allowed to be and exist already. Is that correct? MR. YAMAMOTO: No, not exactly. They would have to come in for and reapply for an application to have that particular technology changed. MR. KANEALI`I-KLEINFELDER: So, if the cellphone tower exists, they have to come in and apply for a permit to change or update equipment on the cellphone tower? MR. YAMAMOTO: I'm not sure about the cellphone tower, but for these individual small wireless that are installed in the right-of-way, they would. MR. KANEALI`I-KLEINFELDER: Okay. And then these small wireless devices being installed will only be 4G? Or to that level of broadcasting ability? MR. YAMAMOTO: Well, they can come in later when they choose to change to the 5G technology and apply for the installation. MR. KANEALI`I-KLEINFELDER: Are they required to do so? MR. YAMAMOTO: Yeah. MR. KANEALI`I-KLEINFELDER: So, cellphone towers differ from utility poles. MR. YAMAMOTO: They're regulated by the FCC (Federal Communications Commission); so are these small wireless ones. They have to comply with all the safety requirements that the FCC puts out for these broadcasts. Page 12 Hawaii County Council-42 June 3,2020 MR. KANEALI`I-KLEINFELDER: There's been a lot of discussion in our community about 5G and the health concerns of, and I think that's where my questions are stemming from and that's, I think, where you can have a lot of public interest in what this resolution actually means. So, the County-owned right-of-ways, do we—and this is talking about utility poles that we own as a County? MR. YAMAMOTO: They include that. So, they are only required to apply to us for the ones that affect our poles. So, they have other poles that HELCO (Hawai`i Electric Light Company, Inc.) has that they're applying with HELLO, as well as with State DOT (Department of Transportation) in their jurisdictions. MR. KANEALI`I-KLEINFELDER: Okay. So, HELCO's poles, I know that's not our responsibility. MR. YAMAMOTO: It is to a certain extent being that their poles are located in our right-of-way. So, they would have to come in for a permit to work on the pole. MR. KANEALI`I-KLEINFELDER: So, HELCO poles are our responsibility. MR. YAMAMOTO: If it's in the right-of-way. MR. KANEALI`I-KLEINFELDER: If it's in the right-of-way. MR. YAMAMOTO: We have some jurisdiction where the installation of a pole, technically, or in this case the antenna, small wireless, would be required to come in for a permit to work in the right-of-way. MR. KANEALI`I-KLEINFELDER: So, this resolution, I mean, I don't see anything in here about the type of communication device being installed. MR. YAMAMOTO: Yeah. Because, the State regulation doesn't necessarily limit them to just the 4G technology. It's more broader and saying that, technically, the County cannot prohibit the installation of these items unless there's a legitimate or an arguable reason. MR. KANEALI`I-KLEINFELDER: And the Telecommunications Act sits underneath of that as well, which allowsI mean, you're aware of the Telecommunications Act, yeah? MR. YAMAMOTO: Not necessarily. MR. KANEALI`I-KLEINFELDER: There's a Federal law. Page 13 Hawaii County Council-42 June 3,2020 MR. YAMAMOTO: Yeah, there's a Federal law that the State law kind of piggybacks on or MR. KANEALI`I-KLEINFELDER: Is based on. MR. YAMAMOTO: Yeah, is based on. MR. KANEALI`I-KLEINFELDER: And from what I've learned so far, the Telecommunications Act doesn't allow for a state or county to say no to any device being installed. MR. YAMAMOTO: They can based on historic preservation and aesthetics and stuff like that. They can have some say in as far as that aspect of legitimate reason. Historic preservation would be one, as an example. But the way the State statute says, we cannot prohibit them for an arbitrary reason, that kind of stuff. MR. KANEALI`I-KLEINFELDER: So, health reasons would be out the door? MR. YAMAMOTO: No. I mean, if they're complying with the health requirements that the FCC or whoever is the jurisdiction sets, they need to comply with that. MR. KANEALI`I-KLEINFELDER: Okay. MR. YAMAMOTO: And we can require that they do the testing to show us that they meet the requirement. MR. KANEALI`I-KLEINFELDER: The County can? MR. YAMAMOTO: Yeah. MR. KANEALI`I-KLEINFELDER: But despite the Federal law that says MR. YAMAMOTO: Well, if the Federal law or the State law says that they need to comply with this, then the County has the right to go and ask that they show, through testing, that they meet the requirement for their broadcast. MR. KANEALI`I-KLEINFELDER: So, if a device has been proven to be safe and effective, or safe, then it's allowed to be installed via Federal and State law. MR. YAMAMOTO: Yes. MR. KANEALI`I-KLEINFELDER: So, if any device was proven to be safe, then it could be installed in any County right-of-way on any utility pole that we have in our right-of-way, going forward via this resolution. Page 14 Hawaii County Council-42 June 3,2020 MR. YAMAMOTO: As far as this type of technology, yeah; wireless technology. MR. KANEALI`I-KLEINFELDER: I'm sorry. I'm looking here. I mean, "wireless technology" is very broad. It's a very broad term, correct? MR. YAMAMOTO: Well, whatever the State statute's covering regarding broadband and stuff like that, right. It kind of goes through a whole definition of what this thing probably includes. MR. KANEALI`I-KLEINFELDER: Did you get the recent email regarding the permit to work within County right-of-ways from the cellular technology provider? MR. YAMAMOTO: Did I get an email ? MR. KANEALI`I-KLEINFELDER: We all received an email from, in this case, AT&T kind of asking us and giving us information on what was coming before us. MR. YAMAMOTO: No, I don't think I saw that. MR. KANEALI`I-KLEINFELDER: Okay. MR. YAMAMOTO: But we do have an active application that we're reviewing. MR. KANEALI`I-KLEINFELDER: Okay, I yield for right now. Thank you. CHR. CHUNG: Ms. Poindexter. MS. POINDEXTER: So, the jurisdiction is under the PUC (Public Utilities Commission) or the FCC in this case? MR. YAMAMOTO: I think it's the FCC. MS. POINDEXTER: Because, I know that we had some problems with that in the Pepe`ekeo area where everybody thought it was FCC, but it ended up being PUC because it was below 200 feet. So, I would just ask you to check into that because the problem I see here with Hawaii Island—and I appreciate what Council Member Villegas had stated and for us to take caution in this because some of the towers, too, I mean, we didn't know who had jurisdiction over it, and then we found out it was PUC. And then, we're finding out that PUC has never been regulating it. So, again, caution on this. Page 15 Hawaii County Council-42 June 3,2020 So, I would just ask if you could find out who has jurisdiction and if you could get that back to me because I have those ongoing issues with the Wi-Fi situation. And I'm just as concerned. And thank you again, Council Member Villegas, for bringing that to our attention. Thank you. I yield,thanks. CHR. CHUNG: Anyone else? MS. DAVID: Chair Chung, I just have one question. This is Maile. CHR. CHUNG: Yeah, go ahead. MS. DAVID: Director Yamamoto, you spoke of a process during the application period. Could you explain that process and whether within that process there would be the opportunity for community input, or if this application process just involves a director determination? MR. YAMAMOTO: I believe it just involves the department director-level review of their application. And as long as it complies with the requirements that are established, then the permit would be issued. MS. DAVID: And that kind of raises some concerns regarding what's being talked about in the 5G situation, on this island especially. So, I'm not sure how I think I'd like—from what I'm hearing from you, if a utility or if a wireless company intends to use 5G, it would be totally up to your department whether to grant it or not without any public input. MR. YAMAMOTO: Well, I'm not sure MS. DAVID: Within County, of course. Within just the County jurisdiction. MR. YAMAMOTO: I would have to have, maybe, Council indicate how else can we comply with the State statute and with this. MS. DAVID: Yeah. And that's why I'm kind of concerned. I'm not sure we would be able to monitor something like this when there's no process aside from the departmental one. I'm not sure. For now, I think I have more questions than anything else on this one, and maybe I'll give your office a call. I'm not sure how I'm going to proceed with this one. All right, I yield. (Note: At this time, Deputy Corporation Counsel Danny Patel came forward to address the members of the Council.) CHR. CHUNG: Go ahead, Danny. Page 16 Hawaii County Council-42 June 3,2020 MR. PATEL: Good morning, Council Members. Deputy Corporation Counsel Danny Patel. As far as the process, the process is pretty much laid out in HRS 206N, and we're obligated to follow that. To answer Council Member Poindexter's question earlier about who regulates this, this is regulated by the FCC. So, anything the FCC regulates regarding small wireless facilities preempts whatever local regulations we might have. So, as far as HRS 206N, that's a State-level legislation. If anything in that legislation conflicts with what the FCC orders, the FCC rules and regulations would preempt the State legislation. As far as providing notice, I think what we can try to do is see if we can provide, as part of the application process, some kind of notification to the public. We'll have to take a look at that. As I mentioned, the process is laid out in the statute itself. So, we're limited to what we can do, but there's room for negotiation with respect to some aspects. For example, I think David had mentioned earlier that part of what we're going to be doing is when any facility is installed on a County pole, we're putting or will put in any type of a licensing or permitting agreement the authority for us to have the wireless provider do after- or post-installation testing to make sure that any RF (Radiofrequency) emissions comply with Federal regulations. As David mentioned earlier, as long as those facilities comply with the Federal regulations, we have no authority to say otherwise. MS. DAVID: Thank you. Could I just ask one more question, Chair, then? If that's the situation and there might be a possibility of implementing or creating some sort of public notice that goes along with this procedure is what you're saying, that we might be able to look into some sort of a notification process within this procedure? MR. PATEL: Yeah. So, we can look into the notification process, but to be clear, ultimately the decision by the department will be bound by what it's obligated to do under the regulations and the State legislation. MS. DAVID: Understood. MR. PATEL: So, our hands are tied there. MS. DAVID: Right. I know they'll have to comply with whatever is being required of them, State and federally, but just the fact that if we can have some sort of notification to the general public, that would be great; if we could implement something like that within our own County procedures, whether it's within the DPW (Department of Public Works) department. I appreciate you looking into that and getting back to us. Thank you. CHR. CHUNG: Ms. Lee Loy. Page 17 Hawaii County Council-42 June 3,2020 MS. LEE LOY: Thank you, Chair. And I want to thank all of my colleagues for raising those issues because, prior to this coming across my desk, these were the exact issues—and David is nodding and so is Danny these are the exact issues I raised. And so, I've already begun that conversation to provide not only some type of notification process so there is more transparency about how these small cell towers are mounted within our public utilities,but taking into consideration some aesthetic values so that they didn't stick out or they actually blended to the rural character of the respective communities. There is some space for it, as Mr. Patel mentioned. I do also think there are ways to condition the various applications with conditions of approval to provide the public assurances that we are looking for. That can all be done through a notification process and the continued agreements that we kind of hold the respective applicants with. I really do appreciate each and every comment that we have. I think it's been extremely valuable not only to everyone who's listening to this today but to the Administration and, going forward, any of us who have to kind of authorize these types of agreements, that there are ways to provide community assurance in these types of situations. So, Chair, with that I yield. CHR. CHUNG: Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you for the information, Danny and David. Again, I'm a little surprised by this resolution. I think it looks benign, but I truly don't feel that it is benign. And I'm surprised it was put forward although I understand the reasoning. Be it resolved by the Council that the director of the Department of Public Works is authorized to issue such licenses and permits. So, that really sums it up. So, from going forward, although we would notify the public of what we're about to do, you ultimately, David, have the say to go ahead and have these permits issued and installed. Correct? MR. YAMAMOTO: Per the regulation. MR. KANEALI`I-KLEINFELDER: Per the regulation. And although I'm sure these technologies will be deemed safe, a large part of the world is saying that they're not safe as we'd step into new technologies that we really haven't played with before. And a lot of things that we thought were safe in the past have proven to not be safe. So, I am not in favor of this resolution for that. Although I am very concerned, and I have a cellphone on the table next to me and I use it very frequently and I have bad cell service where I live, I think that the majority of the people that have reached out to me for different reasons would not want me to vote in favor of this. So, there's a lot at play. Page 18 Hawaii County Council-42 June 3,2020 I appreciate the information today. I think, importantly,just from different things that have come across the board so far, the FCC regulates these devices. Correct? Yes. And as the County, we have little say. But I would mention this is interesting—is that a few counties across the nation have started to push back on newer technologies being brought forward. And they're passing resolutions to limit these new technologies until they're proven safe because there are entities in the world who are saying that 5G is not safe. And again, many things we thought were safe are not now. So, I won't be voting in favor of this today, but I do appreciate the information and discussion, and thank you for your time. CHR. CHUNG: Ms. Poindexter. MS. POINDEXTER: I really feel that we're putting community assurance after we vote on this. I think community assurance should have been brought first and then bring up the resolution, depending on how the community felt about it. And with this COVID-19, what it has taught me, at least I know, and maybe a lot of people, that we need to slow down. We need to start looking at how are we rebuilding our economy and our environment. So, I'm not supporting this at this time because I think we really need to take into consideration when we look at the health disparities. You brought up health. Looking at things that, anything that we bring forward about how does it affect the health of the community. So, if we want to be transparent—and we talk so much about wanting to be transparent— then ransparentthen put the community first and have the community assurance first. So, I'm not supporting this at this time. Thank you. CHR. CHUNG: Anyone else? David MS. EOFF: Chair? Hi. CHR. CHUNG: Who's that? Oh, Karen, go ahead, please. MS. EOFF: Yes. Okay. I was just wondering, this does seem kind of, in a way, premature. We don't quite understand if the benefits are going to outweigh the potential negatives here. I mean, I guess we can vote how we want or maybe we could postpone something like this until it's—maybe this resolution could be worded a little bit differently to put in more assurances to the public about what this opens up for the future. I'm not sure if that's the route to take, but I'm just thinking out loud here I guess. But yeah, it does seem a little bit I feel like Mr. Kaneali`i-Kleinfelder in that maybe it seems benign and there does seem to be benefits, but I also feel in my gut that there's something that we may not want that we're setting ourselves up for. Thank you. MS. VILLEGAS: Chair Chung? Page 19 Hawaii County Council-42 June 3,2020 CHR. CHUNG: Go ahead, Rebecca. MS. VILLEGAS: Yeah, I just want to thank everybody for their comments and taking the time and opportunity to look at this a little bit closer. I also just really want to point out that these agreements are specific to AT&T, which is its own business corporate enterprise and benefits their specific service capabilities. And with that, I would also caution us, as a County, as we go into agreements and sign contracts or whatnot, aside from the technology and community input and concerns about safety and whatnot, I have some concerns about us, as a County, basically signing off the rights to utilize some of our resources by private corporate enterprises. Because, we're going to continue to be accorded by other organizations, such as Verizon, T-Mobile, and all the other organizations in a desire to utilize County resources for the benefit of their private companies. So, the benefit to the community is a faster internet network and cellphone usage and whatnot, but there is also a very relevant—and I think there's a financial value to what's being provided to a company in order for them to then be able to market themselves to our communities for providing faster service. So, there's a myriad of concerns that I see here and a need for further investigation. At this time when we are already inundated with so many other intensive challenges, I don't see the necessity in us moving quickly. I know I saw fromI was emailed that one of the poles is slated, or one of the cell towers would be slated to be put on a pole on Holoholo Street, which is off of Kaiminani Drive in Kalaoa. And to my understanding, there are no issues with cellphone service or connectivity in that area, and that's a very large residential neighborhood. So, I have concerns, while not in my district per say. We are one island, and we're all committed to one another for the health and safety and perpetuity of taking care of one another. And that's our kuleana as Council. And I thank my colleagues and the members of this Council for taking that into consideration as we navigate this process. With that, I yield. CHR. CHUNG: Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: One further comment. I really think that this resolution is deficient and that there should have been a little bit more thought as far as taking into account the public safety aspect, which is extremely apparent. So, I would take this resolution, and I would say to adjust it to incorporate what was said today and just deal with some of the deficiencies that are in this one. MS. LEE LOY: (Inaudible.) Page 20 Hawaii County Council-42 June 3,2020 MR. KANEALI`I-KLEINFELDER: It was put forward by yourself, Ms. Lee Loy, so MS. LEE LOY: (Inaudible.) MR. KANEALI`I-KLEINFELDER: So, that's my comments going forward. As each Council Member is aware, when we put something forward we have to look it over. And whomever it may come from, we are responsible for putting it out there. So, that's my final comment. Thank you. CHR. CHUNG: Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. Thank you for that feedback. I think the department has heard loud and clear from my colleagues. This was put forward at the request of the department and filtered by Corporation Counsel. Again, we discussed this. These are the concerns that are being raised. I needed everyone to hear this. So, Mr. Patel, there was also some other information that was presented that was somewhat inaccurate or misleading. If you could go ahead and address that. MR. PATEL: The purpose of the resolution before you is to comply with our County Code as far as 2-119, where Council authorizes the department to issue the licensing. (Section) 2-111, as noted in the resolution, specifically states, unless otherwise required by law, Council may authorize the departments to dispose of real property. What that means for the purposes of what we're here for today is that because this is regulated at the Federal level and in light of the State's statute, the department is in the position where it has to approve or deny these applications based on what is specifically laid out in the regulations and State legislation. If the department does not do that, then whether it's AT&T or any other wireless carrier, their remedy is to file suit in court. And the FCC has already stated that failing to approve or deny pursuant to regulations and State legislation is a presumptive effective prohibition of these wireless services, which puts the County in the position of trying to rebut that presumption at the outset. So, what this does is it effectively will result in litigation over the issue. And where we're at today, Federal regulations and State legislation is clear. Our hands are bound by that. If the resolution is not passed today, as I mentioned, I think we are still obligated to follow the Federal regulations and the State legislation. That addresses 2-111. As far as 2-119, that's where I mentioned there might be some room for negotiation because what those regulations and the legislation allows is a determination of the fee. The FCC determined that a certain amount per Page 21 Hawaii County Council-42 June 3,2020 attachment would be presumptively reasonable, but we're not bound by that. The State legislation doesn't specifically address it either. Regardless, whatever fees we charge needs to be based on a reasonable approximation of cost. It has to be cost based. So, 2-119 is why we're here today; 2-111 not so much. So, I would just like to reiterate that, again, our hands are bound by Federal regulations and the State legislation regardless of what happens today with respect to the resolution. Although, obviously, having the resolution not pass might complicate matters for us internally as a County. MS. POINDEXTER: Chair? CHR. CHUNG: Val. MS. POINDEXTER: I'd like to make a motion to postpone Resolution 631-20. I'm wondering if to the call of the Chair or to the next meeting because I want to dig into this a little bit more and talk with my community about this even more. And I want to investigate about the FCC and the PUC and the problems we've had in Papaikou and what the difference is with a device versus a tower. So, I don't know if you were privy to the meetings that we've had with the Mayor's OfficeI know David was. And it was very discouraging because we found out that FCC didn't regulate, which the County thought that FCC regulated all that time. And we had that land, and we gave that land, leased that for the building of the tower. You remember that meeting, David, correct? Yes. So, that's why I'm not trusting this right now because of that meeting and some knowledge I have on what is going on, and still things that we haven't settled in that area. And now, we're jumping into this. So, that's my reason for the motion. So, I have a motion. I need a second. Motion to Postpone: Ms. Poindexter moved to postpone Res. 631-20 to the call of the Chair. Seconded by Ms. Lee Loy. CHR. CHUNG: Any discussion on that matter? Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. Thank you for that, again to the department and then to Danny. Please take all of the feedback that you folks heard today. I think there are ways to improve upon this and provide the assurances that the community is looking for. And again, I want to just thank all of my colleagues for raising these issues because it's an opportunity for us to provide better legislation that actually helps communities. Page 22 Hawaii County Council-42 June 3,2020 MS. POINDEXTER: Chair, can I just—because, my motion wasn't real clear on when it was postponed, either to the call of the Chair or to the next Council meeting. CHR. CHUNG: I think you said, "call of the Chair." MS. POINDEXTER: At first? Okay, so motion to the call of the Chair. Motion to postpone to the call of the Chair. CHR. CHUNG: Okay, anyone else? Yeah, let me make a few comments on this thing. And give me some latitude; it's not really specific to the instant motion. I'm going to share a situation that I had many years ago. I owned a piece of property up in the same subdivision that I live in now. And traversing the side of that property was a 69kv (kilovolt) line. I was just in the process of getting my firstborn, and I thought, "I don't know, man, if I want to have a 69kv line next to my house." So, I have that kind of apprehension about technology. The person who bought it isn't glowing or anything like that, so I think he's okay. But there is that inherent worry about things that are invisible, right? But at the same time, we also have cellphones, as Mr. Kaneali`i-KI einfelder brought out, and that's probablyI mean, it's right next to your ear, right? It's on your head. That can't be good, but I use it every single day. I try to go on speakerphone as much as I can. You have overhead lines going throughout our whole community. Who knows what kind of electromagnetic fields are being emitted from those lines. So, we have those things to consider. But the other part of my story is that I also soldI think it was still Hawaiian Tel at that timea license to use the property before I sold the property for a fiber- optic cable. And I was paid a pretty good sum for that. So, I'm wondering now, David, how many poles are we talking about here? MR. YAMAMOTO: Well, the County currently has applications for use of six utility poles—two in Hilo and four in Kona. Initially when theyAT&T, in this case—approached us, they had indicated that they have also with HELLO, they were requesting six utility poles all in Hilo. And then in the State right-of-way, they indicated that they would be pursuing three utility poles—two in Hilo and one in Kona. CHR. CHUNG: So, that's what we're talking about, then? MR. YAMAMOTO: Yeah, currently. CHR. CHUNG: Okay. And then MR. YAMAMOTO: And that's just this carrier. Page 23 Hawaii County Council-42 June 3,2020 CHR. CHUNG: Well, I thought we were talking about hundreds of poles. But what about—and what were we looking at getting paid for the use of these poles? Any idea more or less? MR. YAMAMOTO: We were just basically following the guidelines provided by the Federal statute in as far as the fee. Rather than having to go through trying to cost out what it would be, what the Federal guideline had indicated would be a reasonable fee seemed in the ballpark of what we would probably end up finding out it'll cost us to administer this program. CHR. CHUNG: You have any idea, more or less, of how much that is off the top of your head? And if you don't, that's okay. MR. YAMAMOTO: It was like two-something, yeah. CHR. CHUNG: Two what? MR. YAMAMOTO: There's an initial application fee of maybe $250 and then an annual fee of$250 per permitted site. CHR. CHUNG: Forever? I mean, as long as the MR. YAMAMOTO: As long as the agreement is for, and I think it's a five- year—five-year, yeah—agreement; I forgot what it was. But it's renewable as well. CHR. CHUNG: If this resolution was approved and you were able to issue licenses to AT&T, or a license or permit to AT&T, that wouldn't preclude you from also issuing licenses or permit to other carriers as well. Right? MR. YAMAMOTO: Verizon and—yeah. CHR. CHUNG: In fact, it would probably not be right if you only allowed one carrier to have those permits, right? MR. YAMAMOTO: Yeah. CHR. CHUNG: Okay. Yeah. So, what's being contemplated here now that you say it's going to be mostly in Kona and Hilo—two in Kona and two in Hilo what would be the coverage improvement for rural areas? It doesn't seem like it's going to have much of an impact there, right? Or does it transmit that far? MR. YAMAMOTO: Yeah, if I recall the conversations we had with at least AT&T, they had indicated that they were going to start with at least the population centers and then work their way out. Page 24 Hawaii County Council-42 June 3,2020 CHR. CHUNG: Yeah, see, it would have been a different matter if we were starting from the more rural areas; I mean, that might come to the chagrin of the people who represent the rural areas. But in my other line of work, I deal with families. And this whole COVID situation has wreaked havoc on the educational system. I mean, with regard to those kids and their ability to do online work, it's been hell actually for them. It looks like this is really going to improve that situation. So, anyway, we have a motion on the floor. All those in favor anybody else wants to talk? If not, we have a motion on the floor. All those in favor, signify by saying "aye." Vote on Motion to The motion to postpone Res. 631-20 to the call of the Chair Postpone: was carried by the following voice vote: (Approved) Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Thank you, David, Danny. Thank you very much, you guys. MS. LEE LOY: Chair? Resolutions 656 and 657 also deal with the department. And so, if CHR. CHUNG: Yeah, I see John here too. So, we may as well take that one up. Okay, 656 and 657. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order: Res. 656-20: ACCEPTS THE DEDICATION OF LOT 9-2, AFFECTING TMK: 1-5-007:069 (POR.), SITUATED AT KEONEPOKO-IKI, DISTRICT OF PUNA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, FROM WILLOW PLAZA, L.L.C., A MISSOURI LIMITED LIABILITY COMPANY The landholder seeks to dedicate the roadway and improvements for public roadway purposes relating to the Puna Kai Shopping Center. Reference: Comm. 961 Intr. by: Ms. Lee Loy (B/R) Waived: PWMTC Page 25 Hawaii County Council-42 June 3,2020 Motion to Approve: Ms. Lee Loy moved to adopt Res. 656-20. Seconded by Mr. Richards. CHR. CHUNG: Any discussion? Ms. Lee Loy. MS. LEE LOY: This is another departmental request that's coming forward. In the attachment of Resolution 656, we have letters of no objection from Planning Department, Department of Water Supply, DEM (Department of Environmental Management), and also Public Works who also had an opportunity to evaluate the signalization for this particular improvement. With that, I yield. CHR. CHUNG: Okay, anyone else? If not, we have a motion on the floor. All those in favor, say "aye." Vote on Res. 656-20: The motion to adopt Res. 656-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Resolution 657. Res. 657-20: ACCEPTS THE GRANT OF EASEMENTS 9-113 FOR ROAD AND UTILITY PURPOSES, AND 9-11-1 FOR BUS STOP AND SHELTER PURPOSES, BOTH AFFECTING TMK: 1-5-007:069 (POR.), SITUATED AT KEONEPOKO-IKI, DISTRICT OF PUNA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, FROM WILLOW PLAZA, L.L.C., A MISSOURI LIMITED LIABILITY COMPANY The landholder agrees to grant Easements 9-113 for road and utility purposes and 9-11-1 for bus stop and shelter purposes relating to the Puna Kai Shopping Center. Reference: Comm. 961 Intr. by: Ms. Lee Loy (B/R) Waived: PWMTC Motion to Approve: Ms. Lee Loy moved to adopt Res. 657-20. Seconded by Mr. Richards. CHR. CHUNG: Any discussion? Ms. Lee Loy. Page 26 Hawaii County Council-42 June 3,2020 MS. LEE LOY: Thank you, Chair. Similar to Resolution 656, this is the same with no objections from the same departments. I yield. CHR. CHUNG: Anyone else? MR. KANEALI`I-KLEINFELDER: Chair? CHR. CHUNG: Oh, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I just wanted to say mahalo to the developer and those involved for building a bus stop in Pahoa; that we have, I think, one other bus stop in Pahoa near the school that's an actual covered stop. And I appreciate that you guys have done that and are granting that to us. But I do appreciate that and thank you. CHR. CHUNG: Okay. There being no further discussion, all those in favor say LC " aye. Vote on Res. 657-20: The motion to adopt Res. 657-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Thanks, you guys. You guys have anything else? Okay, thank you. MR. HENRICKS: Back to 651? CHR. CHUNG: Yes. Return to Order The Chair directed the Council to return to the order of business. of Business: Page 27 Hawaii County Council-42 June 3,2020 Res. 651-20: 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 DEPARTMENT OF FINANCE Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$300. Reference: Comm. 954 Intr. by: Ms. David (B/R) Waived: FC Vote on Res. 651-20: Ms. David moved to adopt Res. 651-20. Seconded by (Adopted) Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 652-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF TRANSPORTATION Allows for the receipt of$5.1 million of Federally-derived funds for the purchase of ten 40 to 45-foot buses to replace Mass Transit's aging fleet. Reference: Comm. 955 Intr. by: Ms. David (B/R) Waived: FC Vote on Res. 652-20: Ms. David moved to adopt Res. 652-20. Seconded by (Adopted) Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Page 28 Hawaii County Council-42 June 3,2020 CHR. CHUNG: Motion carried. Res. 653-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF TRANSPORTATION Allows for the receipt of$4,453,300 of Federally-derived funds to assist the Mass Transit Agency with covering expenses and lost revenue due to the COVID-19 pandemic. Reference: Comm. 956 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 653-20. Seconded by Mr. Richards. CHR. CHUNG: Any discussion there? MS. VILLEGAS: I just have a quick question if I could. CHR. CHUNG: Ms. Villegas. MS. VILLEGAS: So, these Federal funds, is this related to CARES (Coronavirus Aid, Relief, and Economic Security)? Or what are these Federal funds in covering the lost revenue and expenses related to COVID? I'm wondering how that corelates. Is Deanna here? CHR. CHUNG: Who are you asking? MS. VILLEGAS: Is Deanna here? MR. HENRICKS: Not at this time. CHR. CHUNG: It's in the body of the resolution, I believe. MR. RICHARDS: The second "WHEREAS." CHR. CHUNG: Yeah. I don't know if that answers your question, but— MS. utMS. VILLEGAS: Yeah, it looks like it does come from the CARES Act. So, my question would be for Deanna—and maybe she can come and join us later to answer thisis, as we've been looking at our budget issues and the challenges we're facing. So, to me, this seems like we're able to use CARES funds to patch a hole in the budget to cover what was lost revenue. But as we look to next year's, I just don't see how this doesn't also then relate to utilizing CARES Page 29 Hawaii County Council-42 June 3,2020 money for our lost revenue that we're going to be looking at in the next year or why we're in—we're dealing with budget issues now because of these lost revenues. Am I making sense? CHR. CHUNG: No, it makes perfect sense. MS. VILLEGAS: Yeah. I guess I just—I'm grateful that now these CARES funds can be used to fill in that hole of lost revenue. I just have questions about why, then, it can't be used CHR. CHUNG: Why don't we just table this, then, for ? MS. VILLEGAS: Okay, great, thank you. CHR. CHUNG: We'll call Deanna down. MR. HENRICKS: I'm sorry. Ms. Sako usually listens, and I did ask her to come down. Maybe a quick recess instead of tabling. That might work. CHR. CHUNG: Yeah, why don't we take a short recess, then. MS. KIERKIEWICZ: Chair? Sorry, I don't mean to interrupt, but I did a quick Google, right. It did talk about the CARES Act including $25 billion in Federal transit assistance for the entire country. And so, I don't know if that answers any questions, but I think that is very separate from what we, as a County, are receiving from the State, the 80 million. CHR. CHUNG: Right. Why don't we confirm that? MS. KIERKIEWICZ: Chair, that's fine, but I want to just point that out. CHR. CHUNG: Right, no, and that is a good point. And here's Deanna as we speak. MR. HENRICKS: No need to recess. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. VILLEGAS: Hi, Deanna. Welcome. MS. SAKO: Good morning. MS. VILLEGAS: Good morning. I'm not sure what you heard as far as my question and Page 30 Hawaii County Council-42 June 3,2020 MS. SAKO: I didn't. MS. VILLEGAS: You did? MS. SAKO: I did not hear it. I just heard my name and started walking down. CHR. CHUNG: Do you know what we're on right now? MS. SAKO: The transit one? CHR. CHUNG: Correct. MS. SAKO: Okay. MS. VILLEGAS: Yes. So, my question comes because I just want to get a better understanding of how and why CARES funds can be used to mitigate the lost revenue and Mass Transit's expenses in this capacity. And yet, as we're looking at budget shortfalls and reduction of resources and lost revenue due to COVID in other capacities, how and why CARES funding can't be used there if it's being used here. MS. SAKO: Thank you. Good question. There are multiple different grants authorized under that large CARES Act, and this one fell under transit. And so, State DOT is the recipient and then passing it down through to the other transit agencies of each county. And in that particular section of the law, lost revenue was specifically mentioned, and they're allowed to do that. In our section of the law under the Coronavirus Relief Fund, that is not mentioned and not allowed. So, each grant, including like the housing ones you guys talked about earlier, has kind of different rules and is in a different section of that law. CHR. CHUNG: Does that answer your question? Because, that's exactly MS. VILLEGAS: It does. CHR. CHUNG: What Ms. Kierkiewicz said just a few minutes earlier. But we needed it confirmed by our Finance person. MS. VILLEGAS: I appreciated the broader explanation by Ms. Sako. Thank you, Ms. Sako. MS. SAKO: No problem. CHR. CHUNG: All right. Okay, anyone else? If not, we have a motion on the floor. All those in favor, signify by saying "aye." Page 31 Hawaii County Council-42 June 3,2020 Vote on Res. 653-20: The motion to adopt Res. 653-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion is approved. Res. 654-20: 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 WAIMEA PRESERVATION ASSOCIATION FOR ITS EMERGENCY "GRAB AND GO" COMMUNITY FEEDING PROGRAM Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 958 Intr. by: Mr. Richards Motion to Approve: Mr. Richards moved to adopt Res. 654-20. Seconded by Ms. Lee Loy. CHR. CHUNG: Mr. Richards. MR. RICHARDS: Yeah, this is part of the whole COVID initiative of feeding people. And this is to go into a program from Waimea—Ms. Donni Sheather; it's a program that she is, again, feeding more people. And these are the little programs that I think each of us in each district know of and are trying to support. So, I ask for my colleagues' support. CHR. CHUNG: Okay, anyone else? There being none, all those in favor say Ic aye. Page 32 Hawaii County Council-42 June 3,2020 Vote on Res. 654-20: The motion to adopt Res. 654-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 655-20: 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 Transfers $12,500 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 960 Intr. by: Mr. Richards Motion to Approve: Mr. Richards moved to adopt Res. 655-20. Seconded by Ms. Kierkiewicz. CHR. CHUNG: Mr. Richards. MR. RICHARDS: Yeah, thanks. Again, this is part of the COVID. And this one for the Food Basket is going into the Keiki Care program that Ms. Kierkiewicz has been working so hard on and delivering to the different districts. And this is specifically to help out District 9, North/South Kohala. So, I ask for my colleagues' support, and I also thank Ms. Kierkiewicz for getting that organized. MS. KIERKIEWICZ: Chair, if I could CHR. CHUNG: Yes. MS. KIERKIEWICZ: Just offer a couple of words. I want to thank Mr. Richards for this k6kua towards the program. We started in March and distributed a thousand Keiki Care packs to kids in 13 communities. In April, we grew to 2,700 packs and doubled the amount of communities. And the last week of May, we were able to literally build and distribute 5,000 care packs in more than Page 33 Hawaii County Council-42 June 3,2020 50 sites in communities around the island. And we did that in three days. But it was a month's long work of coordination by a number of volunteers. So, thank you for supporting that. And I just want to give a shoutout to everyone that was involved because it was a massive lift, but it really made a lot of kids and `ohana very happy and thankful. So, thank you, Chair, I yield. CHR. CHUNG: Congratulations to the two of you, too, I mean. Fantastic effort. We have a motion on the floor. All those in favor, say "aye." Vote on Res. 655-20: The motion to adopt Res. 655-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): Bill 170: 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 Fund Balance from Prior Year-Designated account ($50,679.72); and appropriates the same to the Kona Operating Partnership Housing account. Funds would be accepted by the County to satisfy payment of in- lieu fees and accrued interest pursuant to an affordable housing agreement. Reference: Comm. 950 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 170 on first reading. Seconded by Mr. Richards. CHR. CHUNG: Any discussion? Page 34 Hawaii County Council-42 June 3,2020 MS. DAVID: Chair, this is really self-explanatory. It's to partially satisfy and complete the affordable housing agreement that was passed, I guess, in 2018 it says, but the funds were not appropriated at that time. So,just ask for your support. CHR. CHUNG: Okay. Anyone else? There being none, all those in favor say Ic aye. Vote on Bill 170: The motion to pass Bill 170 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. MS. DAVID: Chair? Can I make a motion to waive the five-day reconsideration upon their request? CHR. CHUNG: Okay, go ahead. MR. HENRICKS: We're at first reading, so MS. DAVID: Oh, sorry. Yeah, that's right. Thank you. CHR. CHUNG: So, anyway, the motion is passed. Bill 171: 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 Fund Balance from Prior Year-Designated account ($24,252.53); and appropriates the same to the Wainani Estate Subdivision Phase 1 account. Funds would be accepted by the County to satisfy payment of in-lieu fees and accrued interest pursuant to an affordable housing agreement. Reference: Comm. 951 Intr. by: Ms. David (B/R) Waived: FC Page 35 Hawaii County Council-42 June 3,2020 Vote on Bill 171: Ms. David moved to pass Bill 171 on first reading. (Approved) Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Bill 172: 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 —Housing Assistance Payments (HAP) Admin-COVID-19 account($430,640); and appropriates the same to the Office of Housing OCE account to be used towards eligible activities within the Section 8 Housing Choice Voucher Program in response to the COVID-19 pandemic. Reference: Comm. 952 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 172 on first reading. Seconded by Mr. Richards. CHR. CHUNG: Any discussion? MS. DAVID: Just to note that this is a companion to Resolution 649 that we already passed. Thanks. CHR. CHUNG: Correct. Okay, all those in favor say "aye." Page 36 Hawaii County Council-42 June 3,2020 Vote on Bill 172: The motion to pass Bill 172 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Bill 173: 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 —Mainstream Voucher Admin-COVID-19 account($266); and appropriates the same to the Office of Housing OCE account to be used towards eligible activities within the Mainstream Voucher Program in response to the COVID-19 pandemic. Reference: Comm. 953 Intr. by: Ms. David (B/R) Waived: FC Vote on Bill 173: Ms. David moved to pass Bill 173 on first reading. (Approved) Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Page 37 Hawaii County Council-42 June 3,2020 Bill 174: 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 —Section 5339 Discretionary Grant account($5,100,000); and appropriates the same to the Section 5339 Discretionary Grant account for the purchase of ten 40 to 45-foot buses to replace Mass Transit's aging fleet. Reference: Comm. 955 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 174 on first reading. Seconded by Mr. Richards. CHR. CHUNG: Any discussion? MR. KANEALI`I-KLEINFELDER: Chair? CHR. CHUNG: Yes, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Has there been an RFP (Request for Proposals) created for this, Deanna? Or is Mass Transit currently working on an RFP for the buses? (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: I think they're currently working on it. I don't think there's an RFP out yet, but I can go check. MR. KANEALI`I-KLEINFELDER: Can they please incorporate, as we discussed earlier last year, alternate fuel vehicles? MS. SAKO: Yes. And we have to check the requirements of the grant because I don't recall if this one had it in there or not. That was one of the problems with the earlier grants. So, we'll check on the terms of this one. MR. KANEALI`I-KLEINFELDER: Yeah because if we can incorporate that in the wording now, then it allows us flexibility later. And we're leaning towards that with climate change. So, if Mass Transit can please incorporate that language into the new RFPs so we can buy new fuel and kind of step into the future versus just running diesel again and again and again. MS. SAKO: Yes. So, if it's allowed by the grant,we'll include that. Page 38 Hawaii County Council-42 June 3,2020 MR. KANEALI`I-KLEINFELDER: Thank you. Deanna, should I follow up with Mass Transit as well? MS. SAKO: I'll call them, yeah. MR. KANEALI`I-KLEINFELDER: Thank you. MS. SAKO: Thanks. CHR. CHUNG: We have a motion on the floor. All those in favor, say "aye." Vote on Bill 174: The motion to pass Bill 174 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Bill 175: 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 —Section 5311 Grant—CARES Act account($4,453,300); and appropriates the same to the Section 5311 Grant— CARES Act account to assist the Mass Transit Agency in covering expenses and lost revenue due to the COVID-19 pandemic. Reference: Comm. 956 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 175 on first reading. Seconded by Mr. Richards. CHR. CHUNG: Any discussion? MR. RICHARDS: Yes, Chair. CHR. CHUNG: Yes, Mr. Richards. Page 39 Hawaii County Council-42 June 3,2020 MR. RICHARDS: Deanna, I didn't want you to run away. I know you like talking story with us. I have a question—and I could have asked this at the resolution level too—it's a weird number—is there a formula that divided it across the jurisdictions? (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: I am pretty confident that the appropriation to the State was based on formula and then a reallocation down to the four counties was based on formula. So, yeah, this is the amount the State gave us. MR. RICHARDS: Okay. So, it's a number they came up with, not what we came up with. MS. SAKO: Yeah. MR. RICHARDS: Because I was going to say for our revenue, Mass Transit is less than a million. But I'm good with the money. Okay, thanks. CHR. CHUNG: Okay, anyone else? There being none, all those in favor say Ic aye. Vote on Bill 175: The motion to pass Bill 175 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung–9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. MS. LEE LOY: Chair, motion to waive the five-day holdover. MR. HENRICKS: We're still at first reading. CHR. CHUNG: Yeah, first reading. Same thing that Maile did too MR. HENRICKS: And you can't waive the second reading. Page 40 Hawaii County Council-42 June 3,2020 MR. RICHARDS: Chair? Kind of following suit, I would like to move to waive the five-day holdover for my two resolutions, 654 and 655. CHR. CHUNG: That's fine. MR. RICHARDS: Can I do them together, Clerk, or shall I do them separately? MR. HENRICKS: It's the Council's will. Vote on Motion to Mr. Richards moved to suspend Council Rule 15 to waive Suspend Council the 5-day hold for reconsideration of Resolutions 654-20 Rules: and 655-20. Seconded by Ms. Lee Loy and carried by the (Approved) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. MR. RICHARDS: Thank you. 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 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) First Reading: May 20, 2020 Page 41 Hawaii County Council-42 June 3,2020 Vote on Bill 161: Ms. Lee Loy moved to pass Bill 161 on second and final (Adopted) reading. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. 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 Make Street intersection. Reference: Comm. 909 Intr. by: Ms. Lee Loy (B/R) First Reading: May 20, 2020 Motion to Approve: Ms. Lee Loy moved to pass Bill 162 on second and final reading. Seconded by Ms. David. CHR. CHUNG: Any discussion there? MS. DAVID: Chair? CHR. CHUNG: Who was that? MR. HENRICKS: Ms. David. MS. DAVID: That's me, Maile. CHR. CHUNG: Okay, Maile, go ahead. MS. DAVID: Thanks. I just wanted to say thank you to the Director of Public Works and his staff for actually completing this very important four-way stop in Pahala, and they did it in such a timely manner. So, my mahalo goes out to the department and their staff. Thank you. Page 42 Hawaii County Council-42 June 3,2020 CHR. CHUNG: Thank you. Anyone else? There being none, all those in favor say "aye." Vote on Bill 162: The motion to pass Bill 162 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. 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) First Reading: May 20, 2020 Vote on Bill 163: Ms. David moved to pass Bill 163 on second and final (Adopted) reading. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Page 43 Hawaii County Council-42 June 3,2020 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) First Reading: May 20, 2020 Vote on Bill 164: Ms. David moved to pass Bill 164 on second and final (Adopted) reading. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. 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) First Reading: May 20, 2020 Page 44 Hawaii County Council-42 June 3,2020 Vote on Bill 166: Ms. David moved to pass Bill 166 on second and final (Adopted) reading. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. 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) First Reading: May 20, 2020 Vote on Bill 167: Ms. David moved to pass Bill 167 on second and final (Adopted) reading. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (There were none.) Page 45 Hawaii County Council-42 June 3,2020 REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: Comm. 957: IAN SEELEY V. COUNTY OF HAWAII POLICE DEPARTMENT, CIVIL NO. 17-1-414 From Deputy Corporation Counsel D. Kaena Horowitz, dated May 13, 2020, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including a discussion regarding a claim submitted by Joseph Rosenbaum and Richard Holcomb, on behalf of their client, Ian Seeley. Motion to Close Ms. Lee Loy moved to close file on Comm. 957. Seconded File: by Mr. Richards. Vote on Motion to Ms. Lee Loy moved to enter into Executive Session in Enter into order to hold attorney-client privilege discussion regarding Executive Session: Communication 957, as authorized by Section 92-5(a)(4) of (Approved) the Hawaii Revised Statutes. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Let's go into Executive Session. Recess: At 10:35 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 11:20 a.m. CHR. CHUNG: Okay, we're out of Executive Session. We have a motion to close file on this communication. Any discussion? There being none, all those in favor say "aye." Page 46 Hawai`i County Council-42 June 3,2020 Vote on Comm. 957: The motion to close file on Comm. 957 was carried by the (Filed) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. OTHER The Chair directed the Council to proceed tothe next order of business, Other BUSINESS: Business. (There were none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) CHR. CHUNG: We've come to the end of our agenda. ADJOURN- There being no further business, at 11:21 a.m., Ms. Lee Loy moved to adjourn the MENT: meeting. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Council Approval: AUG 0 5 2020 CO ERK JH/dg Page 47