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HomeMy WebLinkAboutMIN COUNCIL 2020-09-02 2018-2020 Hawaii County Council 501h Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii September 2, 2020 INVOCATION: Kahu Charlie Kama of Hale Pule Ke Ola Hou gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9 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, Ms. Kierkiewicz 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: The following individual registered to speak and came forward when called by the Chair: Hawaii County Council-50 September 2,2020 Abolghassem Abraham Comm. 1039; Sadegh: Res. 711-20 (Comm. 1036); Res. 712-20 (Comm. 1037); Res. 713-20 (Comm. 1038); and Bill 185 (Comm. 1032), comment. CHR. CHUNG: Thank you, Abraham. It's nice hearing you again. I wanted to also say I heard from our County Clerk yesterday that the staff person who had introduced you earl ierJeanette—spent some time working with Mr. Sadegh on how to operate MR. SADEGH: Thank you for mentioning that. This thing is aactually, I wasn't going to use it. I'm using my telephone. I was going to use my computer. She really spent several hours, actually. And I can't believe that it is possible that there are so many steps involved in getting connected to the system that if you don't know one of them, you're lost. So, she really helped go way beyond even the ending of the Council session the last time. So, several times I said, "You know, I'll be glad if you want to go home and eat,then we can continue next." But no, she wanted to continue. Without her help, I wouldn't be doing this. Thank you. Thank you, Jeanette. CHR. CHUNG: Yeah. So, thank you to you, and thank you to Jeanette, wherever she may be. Okay, anyone else? Do we have anyone else? MR. SADEGH: Thank you very much. Bye. CHR. CHUNG: Okay, there being no further testimony, I'm going to close public testimony and then now go on to the approval of the minutes. APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Vote on Approval of Mr. Richards moved to approve the Minutes of May 13, Minutes: 2020. Seconded by Ms. Lee Loy and carried by the (Approved) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Chair Chung–8. Noes: None. Absent: Council Member Poindexter– 1. Excused: None. CHR. CHUNG: Motion carried. Page 2 Hawaii County Council-50 September 2,2020 Vote on Approval of Ms. Kierkiewicz moved to approve the Minutes of Minutes: August 19, 2020. Seconded by Mr. Richards and carried (Approved) by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. CHR. CHUNG: Motion carried. I also want to send out another thanks. I don't know if you guys recall the old days, though, when we had minutes that were being approved like one year late. Yeah. So, the staff has really stepped it up. I wanted to recognize them. Although, I'm kind of curious. What happened to the ones in between May and August? MR. HENRICKS: We approved most of those. I believe it's just because May was an especially robust meeting, it maybe took a little longer too. More excellent content. CHR. CHUNG: I guess that. But thank you so much to the Clerk and staff. This is an unbelievable catch-up you guys did. All right. COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. Comm. 1043: DONATION OF 97 KN95 PROTECTIVE MASKS From Finance Director Deanna Sako, dated August 13, 2020, requesting the Council's approval to accept a donation valued at approximately $195 to be used by the Department of Public Works and the Planning Department. Waived: FC Vote on Ms. Kierkiewicz moved to accept the donation of 97 KN95 Comm. 1043: protective masks. Seconded by Ms. Lee Loy and carried (Approved) by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. Page 3 Hawaii County Council-50 September 2,2020 CHR. CHUNG: Motion carried. Mr. Clerk, let's take up Bill 188 for our Police Lieutenant Finkey so that he can go back to work,please. 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: Bill 188: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Increases revenues in the State Grants —Department of Health—Tobacco Sting account($16,000); and appropriates the same to the Department of Health— Tobacco Sting account, for a total appropriation of$32,000. Funds would be used to combat tobacco sales to minors. Reference: Comm. 1045 Intr. by: Ms. David (B/R) Waived: FC Vote on Bill 188: Ms. David moved to pass Bill 188 on first reading. (Approved) Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member Poindexter— 1. Excused: None. CHR. CHUNG: Motion carried. Mr. Clerk, can we also take up these bills: 183 and 182? Their representative is here. So, we can send him on his way too. Page 4 Hawaii County Council-50 September 2,2020 Bill 183: AMENDS ORDINANCE NO. 10-19 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL– 1 ACRE (A-la) TO NEIGHBORHOOD COMMERCIAL– 20,000 SQUARE FEET (CN-20) AT PONAHAWAI, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-3-037:019. (Applicant: Brian Sugai) (Area: 43,560 Square Feet) The Windward Planning Commission forwards its favorable recommendation for this amendment, which would allow a six-year time extension to Condition D (Time to Complete Construction). The applicant plans to develop an 8,900 square-foot, two-story office building, including one residential unit and a 36-stall parking lot. The property is located adjacent to the Alenaio drainage channel on the east side of Komohana Street approximately 700 feet south of the Komohana Street-Ponahawai Street intersection. Reference: Comm. 1024 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-53 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 183 on first reading and adopt Planning Committee Report No. 53. Seconded by Mr. Richards. CHR. CHUNG: Any discussion on this matter? MS. KIERKIEWICZ: Chair, I'd just like to note that for the title of this bill, there are a couple of grammatical errors. It says, "ONE ACRES" on the second line when it should be "ONE ACRE." And "PONOHAWAI" is spelled incorrectly. So, I'd like to make a motion that we address those grammatical errors before we get to second reading of this bill, if that's okay. And I know it is regarding the title, but because it is grammatical in nature, not substantive, maybe I could ask the Clerk to weigh in. MR. HENRICKS: Yeah. The agenda has been corrected. It's the title of the bill where these typographical errors are. And normally, we would advise strongly against amending titles to bills, but because it will make the title better, more accurate, one "acre" instead of"acres" and the correct spelling of"Ponahawai,"I think this is a wise course of action. CHR. CHUNG: Okay, so we'll just— MR. ustMR. HENRICKS: Because the amendment is typographical in nature, it doesn't need to be in a written format. The rules allow for a verbal amendment when it's CHR. CHUNG: So, we'll just move it ahead, and you guys will take care of it. Page 5 Hawaii County Council-50 September 2,2020 MR. HENRICKS: Yeah. Ms. Kierkiewicz will make a motion. If it's seconded, as long as it's clear to the Council what the amendment is, then we can proceed and approve that and then we'll make those corrections. And you guys can move on to substantive discussions. CHR. CHUNG: Go ahead. MS. KIERKIEWICZ: Thank you, Chair. Motion to Amend: Ms. Kierkiewicz moved to amend the title of Bill 183 by changing "ACRES"to "ACRE" and "PONOHAWAI"to "PONAHAWAL" Seconded by Mr. Richards. CHR. CHUNG: Ms. Kierkiewicz. MS. KIERKIEWICZ: And just for clarity, changing "ONE ACRES"to "ONE ACRE" in the second line. And then the third line of the title, "PONOHAWAI" should be "PONAHAWAL" CHR. CHUNG: Correct. MS. KIERKIEWICZ: Thank you, Chair. CHR. CHUNG: All right. Any discussion on that matter? There being none, all those in favor say "aye." Vote on Motion to The motion to amend the title of Bill 183 by changing Amend: "ACRES"to "ACRE" and "PONOHAWAI"to (Approved) "PONAHAWAI"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. Let's go back to the main motion. Page 6 Hawaii County Council-50 September 2,2020 Vote on Bill 183: The motion to pass Bill 183, as amended to Draft 2, on first Draft 2 reading and adopt Planning Committee Report No. 53 was (Approved) 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. MR. HENRICKS: Where to next, please? CHR. CHUNG: Well, 182, second and final reading. Bill 182: AMENDS ORDINANCE NO. 09-159 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—5 ACRES (A-5A) TO MULTIPLE FAMILY RESIDENTIAL—30,000 SQUARE FEET (RM-30) AT KEAUHOU, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-8-010:101 (Applicant: Kona Country Club, Inc.) (Area: 51.058 Acres) The Leeward Planning Commission forwards its favorable recommendation for this amendment, which would allow a five-year time extension to Condition D (Time to Complete Construction). The applicant plans to develop 29 single-family dwellings, including a recreation center. The property is located mauka of the Mamalahoa Highway Bypass, between the highway and the Kona Country Club mauka golf course. Reference: Comm. 1019 Intr. by: Ms. Kierkiewicz (B/R) First Reading: August 19, 2020 Vote on Bill 182: Ms. Kierkiewicz moved to pass Bill 182 on second and (Adopted) final reading. Seconded by Ms. Lee Loy 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 7 Hawaii County Council-50 September 2,2020 CHR. CHUNG: Motion carried. Okay, let's go back to the, wait, let's see. Duane, what are you here for? 190? Why don't we take that up if you guys don't mind, 190? Bill 190: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Appropriates revenues in the Federal —Housing Assistance Payments Administration—COVID 19 account($535,756); and appropriates the same to the Housing Assistance Payments Administration—COVID 19 account to prevent, prepare for, and respond to the COVID-19 pandemic. Reference: Comm. 1047 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 190 on first reading. Seconded by Ms. Lee Loy. CHR. CHUNG: Any discussion on this matter? Okay, Duane, can you please explain this? (Note: At this time, Housing Administrator Duane Hosaka came forward to address the members of the Council.) MR. HOSAKA: Good morning. Duane Hosaka, Housing Administrator. This is our second round of housing assistance payments for Administration. This fund, we're receiving 535,000. On the first round, we got about 430,000. What we're doing with these two rounds of monies is to provide our 2,000 clients with anything to help with this COVID (coronavirus disease)pandemic. We're in the process of buying tablets for the school-aged kids to help with their studies. We're providing kind of like products that would help them clean their homes, which is like masks, chemicals or cleaning supplies, gloves. And part of that we'll distribute. One of the problems or drawbacks is lots of the products we're trying get, it takes about eight to ten weeks to get here. So, we're trying to find ways with this new $500,000 to get to the clients sooner, instead of waiting the eight to ten weeks. But what we wanted to do with this, on the first round we provided 900 tablets to the school-aged kids. So, that leaves us about 1,100 clients who don't have school-aged kids. But we also wanted to provide tablets to them so they can because we're doing social distancing. Page 8 Hawaii County Council-50 September 2,2020 And it will be easier because lots of them try to use their phones to take pictures or send us documents. With the tablet, it will be much easier. But again, it's eight to ten weeks to arrive. So, we're still in the process of deciding on what we're going to get. Although, whatever we do get will be a direct impact to the clients. CHR. CHUNG: All right. Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. Duane, thank you. You mentioned about 1,100 more clients, and you also mentioned the tablets for distance learning for our children. Are we able to use some of this money for our kupuna who fall into this category for TeleMed and TeleHealth? Has the department explored that as an option? MR. HOSAKA: So, these are our Section 8 clients. MS. LEE LOY: Got it. MR. HOSAKA: So, as long as they're part of our 2,000 Section 8 clients, this second round of monies, we want to get anotherso, the first round we provided 900 tablets. So, this is for the remaining 1,100 clients who don't have school- aged kids. So, if they're kupuna and they do fall in that category, they can use it for whatever they wish to use it for. But our goal is so they can take pictures, send us documents so they don't have to come into the office. MS. LEE LOY: Great. Thank you so much. Chair, I yield. CHR. CHUNG: Okay, anyone else? If not, we have a motion on the floor. All those in favor, signify by saying "aye." Vote on Bill 190: The motion to pass Bill 190 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. Thank you, Duane. What, Deanna? You've got something or you want to stay for the rest? Okay, go ahead. Come on. What do you have? Okay. You got that, Mr. Clerk? Page 9 Hawaii County Council-50 September 2,2020 Res. 706-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO A MULTI- YEAR AGREEMENT WITH THE OFFICE OF THE AUDITOR, STATE OF HAWAII The Department of Finance wishes to enter into a three-year agreement with the Office of the Auditor to conduct an audit of the schedule changes in fiduciary net position by employer and related notes to the schedule of the Hawaii Employer- Union Health Benefits Trust Fund, and examination report on census data for the fiscal years ending June 30, 2020, 2021, and 2022 in order to meet reporting requirements under Governmental Accounting Standards Board Statement No. 75, "Accounting and Financial Reporting for Postemployment Benefits Other than Pensions." Reference: Comm. 1030 Intr. by: Ms. David (B/R) Approve: FC-133 Vote on Res. 706-20: Ms. David moved to adopt Res. 706-20 and Finance (Adopted) Committee Report No. 133. Seconded by Ms. Villegas 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 187: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Appropriates revenues in the Hawaii Department of Transportation Hilo Bay Grant account($25,000); and appropriates the same to the Hawaii Department of Transportation Hilo Bay Grant account to advance the Hilo Bay Watershed Study. Reference: Comm. 1044 Intr. by: Mr. Chung Waived: FC Motion to Approve: Ms. Lee Loy moved to pass Bill 187 on first reading. Seconded by Ms. Kierkiewicz. CHR. CHUNG: Anyone wants to discuss this matter? Page 10 Hawaii County Council-50 September 2,2020 MR. KANEALI`I-KLEINFELDER: Yes,please. CHR. CHUNG: Yes, go ahead, Matt. You're an expert on Hilo Bay. MR. KANEALI`I-KLEINFELDER: I'm no expert. Just for the record, I would say I greatly appreciate this. I think that improvements to Hilo Bay, including the quality of the water there, would be great in a lot of ways, including recreational activities, surfing, whatever you can think about. The water there is definitely not clean. So, it will be nice to have it cleaner. But I would say,just for everyone's information, there is and has been many studies done on the bay itself and also ways to improve the breakwall. Or if you think about it the other way, to poke holes in the breakwall to allow for better water flow. So, I'd say take your time, do your homework if you're interested in it. It's an interesting subject, and it's been going on for years. So,just for the record. Thank you for your time. CHR. CHUNG: And in case no one understood my remark in calling Mr. Kaneali`i-Kleinfelder, he did tell us a story that, while he was in college, he did an extensive study on this matter, some kind of paper. That's what I was referencing to. And I will also say this: I also recall Harry Kim, the Civil Defense Director many years ago, saying that if he ever became Mayor, he would like to see something like this go through. Kind of sad that it's at the tail end of his career, but it's happening, nonetheless. Okay. Anyway, we have a motion on the floor. All those in favor, say "aye." Vote on Bill 187: The motion to pass Bill 187 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. Page 11 Hawaii County Council-50 September 2,2020 Bill 191: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS OF THE COUNTY OF HAWAII FOR THE PURPOSE OF REFUNDING CERTAIN OUTSTANDING GENERAL OBLIGATION BONDS AND NOTES; FIXES THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH REFUNDING BONDS AND PROVIDES FOR THEIR SALE TO THE PUBLIC; PROVIDES FOR THE RETIREMENT OF THE BONDS TO BE REFUNDED; AND AUTHORIZES THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE REFUNDING BONDS AND THE RETIREMENT OF THE BONDS TO BE REFUNDED Authorizes the issuance of up to $356,975,000 in general obligation refunding bonds to refinance bonds issued at higher interest rates. Reference: Comm. 1048 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 191 on first reading. Seconded by Ms. Villegas. CHR. CHUNG: Discussion? MS. DAVID: Chair? Sorry. CHR. CHUNG: Yes. MS. DAVID: This was requested to be waived from Finance because of impending and critical deadlines that needed to be met. So, I'm told that either Chris Nakano or Director Sako would be able to give us the rundown or breakdown of this bill and the purpose. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. DAVID: Thank you, Ms. Sako. CHR. CHUNG: Go ahead. MS. SAKO: Thank you. So, we are going to be issuing bonds to repay our bonds and new money; however, we do have one refunding ordinance in place already for certain bonds that have previously been issued. And these bonds are not covered by that refunding ordinance. It doesn't mean we're actually able to or are going to refund all of these bonds. But because interest rates are low right now and Congress continues to make concessions to help out the local governments, if they were to change some of the rules, then we would be able to refinance at much lower rates even though these bonds are at pretty low rates already. Page 12 Hawaii County Council-50 September 2,2020 So, we want to be ready to go. So, that's why we're already issuing bonds. If some of these become available to refund, then we would take advantage of that. We do plan to refund a couple of series that are out there already. They're actually approved on a previous refunding ordinance, but we just kind of want to have everything in place should the opportunity arise. CHR. CHUNG: Maile? MS. DAVID: That's it. Thank you very much, Deanna, for that explanation and I will yield. CHR. CHUNG: Yeah, it's a really large amount, but it is really—it's very simple and it's clear. Mr. Richards, did you have your light on? Go ahead. MR. RICHARDS: Thank you, Chair. I agree it's pretty simple,pretty clear. And again, we're budget. Deanna, for this 356 million, can you give a ballpark what our interest rate is on that right now? It's probably variable across all the different bonds, but a rough ballpark and what you think we may be able to get, which is what would the savings each year be. MS. SAKO: So, I think our true interest cost on these outstanding bonds for the 16I don't remember the 13 series but for 2016 and '17, we were right at or under 3 percent. So, it's like about two-and-a-half to three percent. Right now, we hope to be in that same range, like lower two's hopefully, actually, for our new money. But we'll only take these out if it saves us money, basically. And because these were issued at times when the interest rates were low, we may not be able to save that much. Plus, IRS (Internal Revenue Service) and Congress took away the ability to advance refund. So, we can only do it with certain opportunities. Now, we continue to work with bond counsel and our underwriters. And if those opportunities arise, we'll take it out and save money. But if not, we'll leave it on the table for next time when the opportunity's right. MR. RICHARDS: Okay. And so, if I heard you correctly, somewhere around two-and-a-half to three percent money right now. And you're hoping to reduce that by half percent, and maybe one percent if we're lucky. MS. SAKO: For our new money, yes. I might not be able to take all of these out. There's a couple of series in 2010, Series D I think it is, that we do plan to take out and save about 2.6 million over the remaining life of the bond. MR. RICHARDS: Okay. And so, on 320 million, 1 percent is about 32 million. So, if you can take a half percent, we'd save maybe 15 million a year. Page 13 Hawaii County Council-50 September 2,2020 MS. SAKO: We could if the opportunity was right. But we cannot advance refund, which means we can't refund these till they're callable. And 2013 is callable in 2023, and 2016's callable in 2026. MR. RICHARDS: Okay, so MS. SAKO: So, it gives us more the opportunity for future savings. But Congress keeps changing things to help out local governments. And if they choose to change those rules on advance refunding, then we want to be right to take advantage of it. MR. RICHARDS: And is there a refinancing cost? MS. SAKO: There always is a cost to issue bonds, not necessarily to refinance them but to issue bonds. You have to pay the rating agency and all of that, which is why typically we only refund bonds when we're going out for a bond float anyway. So, because we're going to be issuing bonds to pay off our bond anticipation notes, that's why we want to have this in place now. MR. RICHARDS: Okay. All right. Thank you, Chair. I yield. CHR. CHUNG: Okay. And I will say this: You have built a reputation on utilizing this mechanism of bond refinancing for the purpose of saving the County millions of dollars during your tenure as Finance Director and before too. So, I wanted to really thank you. We trust you in that regard, and others of course. So, we have a motion on the floor. All those in favor, signify by saying "aye." Vote on Bill 191: The motion to pass Bill 191 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. Thank you. Duane, you have something else? Bill 189. Page 14 Hawaii County Council-50 September 2,2020 Bill 189: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Appropriates revenues in the Federal —Mainstream Voucher Administration— COVID 19 account($2,560); and appropriates the same to the Mainstream Voucher Administration—COVID 19 account to prevent, prepare for, and respond to the COVID-19 pandemic. Reference: Comm. 1046 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 189 on first reading. Seconded by Ms. Kierkiewicz. CHR. CHUNG: Any discussion? MS. DAVID: Thank you. I don't have any questions, but I believe if Mr. Hosaka would like to explain. This is pretty self-explanatory, but if he's there, I will yield to him. CHR. CHUNG: All right. Go ahead. (Note: At this time, Housing Administrator Duane Hosaka came forward to address the members of the Council.) MR. HOSAKA: Duane Hosaka, Housing Administrator. So, this Mainstream voucher is basically used for non-elderly people with disabilities. So, since the amount is only 2,560, this money would be used for like a housing choice voucher to help with rental payments or our tenant-based rental assistance to help for rent. But because of the amount, 2,560, we wouldn't really be using it to supplement anyone's rental. It will probably just go into our Admin (Administration) account. That's about it. CHR. CHUNG: All right. Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Thanks, Duane, for that explanation. I'm just curious. Is this the first time we're getting this particular Mainstream voucher related to CARES (Coronavirus Aid, Relief, and Economic Security)? MR. HOSAKA: We got it before, but it's such a small amount that we can't really do much with it. MS. KIERKIEWICZ: Right. So, I understand we've gotten Mainstream in the past, but related to the CARES Act to do coronavirus response? Page 15 Hawaii County Council-50 September 2,2020 MR. HOSAKA: Associated with the CARES Act, this is the first time we're receiving it, yeah. MS. KIERKIEWICZ: This is the first time, okay. I mean, is there any way that we could advocate to our Federal delegation to get more? Because, you're talking about individuals with disabilities. So, I just want to make sure that we're doing our part to advocate for all folks. MR. HOSAKA: Yeah. We get a regular funding with the Mainstream. So, this is just an addition that they're giving us. We can't really decide on how much they're going to give because I guess they have some kind of formula on the amount that we already received. And based on that, they gave us a percent of that already. MS. KIERKIEWICZ: Okay. But we could work together to potentially advocate for more because 2,500 doesn't seem like very much. MR. HOSAKA: Sure. It'll add to the current budget that is with the Mainstream program. MS. KIERKIEWICZ: Okay, great. All right. Thank you, Chair, I yield. CHR. CHUNG: Okay. Anyone else? There being none, we have a motion on the floor. All those in favor, signify by saying "aye." Vote on Bill 189: The motion to pass Bill 189 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. Thanks, Duane. MR. HENRICKS: From the top? CHR. CHUNG: Yes. Page 16 Hawaii County Council-50 September 2,2020 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: Res. 706-20 was taken up previously, out of order.) Res. 701-20: ACCEPTS THE DEDICATION OF ROADWAY LOTS A-1, A-2, AND A-3, IDENTIFIED AS TAX MAP KEYS: 4-5-011:042, 4-5-011:043, AND 4-5-011:044, SITUATED AT NAMOKU, DISTRICT OF HAMAKUA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, FROM WOO FAMILY LIMITED PARTNERSHIP, A HAWAII LIMITED PARTNERSHIP The landholder seeks to dedicate the roadways and all improvements for public roadway purposes. Reference: Comm. 1022 Intr. by: Ms. Lee Loy (B/R) Approve: PWMTC-25 Motion to Approve: Ms. Lee Loy moved to adopt Res. 701-20 and Public Works and Mass Transit Committee Report No. 25. Seconded by Ms. Poindexter. MS. POINDEXTER: I just ask for your support. I've been working with this family and the realtor for over a year on this. So, I'm glad it's finally here. So, thank you. CHR. CHUNG: Okay, anyone else? If not, we have a motion on the floor. All those in favor, say "aye." Vote on Res. 701-20: The motion to adopt Res. 701-20 and Public Works and (Adopted) Mass Transit Committee Report No. 25 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. Page 17 Hawaii County Council-50 September 2,2020 Res. 702-20: ACCEPTS THE DEDICATION OF ROADWAY LOTS A, B AND C FOR KONA VISTA SUBDIVISION, UNIT 4, BEING COLLECTIVELY TAX MAP KEY: 7-6-027:105, SITUATED AT HOLUALOA 1 AND 2, DISTRICT OF NORTH KONA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII FROM KV3, LLC, A HAWAII LIMITED LIABILITY COMPANY The landholder seeks to dedicate the roadways and all improvements for public roadway purposes. Reference: Comm. 1023 Intr. by: Ms. Lee Loy (B/R) Approve: PWMTC-26 Motion to Approve: Ms. Lee Loy moved to adopt Res. 702-20 and Public Works and Mass Transit Committee Report No. 26. Seconded by Mr. Richards. MS. LEE LOY: Chair? CHR. CHUNG: Yes? MS. LEE LOY: I know Ms. Villegas had some questions during Committee, and I just wanted to ensure that she had her questions addressed between Committee and Council. MS. VILLEGAS: Thank you, Ms. Lee Loy. Yes, I did. I appreciate that. MS. LEE LOY: Chair, I yield. CHR. CHUNG: Okay, you ready to roll? All right. We have a motion on the floor. All those in favor, signify by saying "aye." Vote on Res. 702-20: The motion to adopt Res. 702-20 and Public Works and (Adopted) Mass Transit Committee Report No. 26 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. Page 18 Hawaii County Council-50 September 2,2020 Res. 704-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES GEOLOGICAL SURVEY Funds in the amount of$48,336 would be used to continue the cooperative flood-monitoring program, which consists of the planning and designing of flood management systems such as bridges, culverts, and levees. Reference: Comm. 1028 Intr. by: Ms. David (B/R) Approve: FC-131 Motion to Approve: Ms. David moved to adopt Res. 704-20 and Finance Committee Report No. 131. Seconded by Ms. Lee Loy. CHR. CHUNG: Any discussion? MS. DAVID: Chair, this was approved at Committee with eight"ayes." Thank you. CHR. CHUNG: Yes. Okay, we have a motion on the floor. All those in favor, signify by saying "aye." Vote on Res. 704-20: The motion to adopt Res. 704-20 and Finance Committee (Adopted) Report No. 131 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. Page 19 Hawaii County Council-50 September 2,2020 Res. 705-20: AUTHORIZES THE SUBMITTAL OF A THIRD FINANCIAL ASSISTANCE APPLICATION TO THE BUREAU OF RECLAMATION FOR THE PLANNING, DESIGN, AND CONSTRUCTION OF THE EXPANSION OF THE KEALAKEHE RECYCLED WATER TREATMENT AND DISTRIBUTION SYSTEM, AND AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE BUREAU OF RECLAMATION TO ACCEPT FUNDS FOR THE EXPANSION These additional funds will be used to continue the design phase for the Kealakehe Wastewater Treatment Plant R-1 Upgrade project. Reference: Comm. 1029 Intr. by: Ms. David (B/R) Approve: FC-132 Vote on Res. 705-20: Ms. David moved to adopt Res. 705-20 and Finance (Adopted) Committee Report No. 132. 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. Res. 711-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE WREATHS FOR THE WEST HAWAII VETERANS CEMETERY-PUU HO`OMAHA O NA POB KOA O HAWAII KOMOHANA FOR THE NATIONAL WREATHS ACROSS AMERICA DAY Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1036 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 711-20. Seconded by Ms. Eoff. Page 20 Hawaii County Council-50 September 2,2020 CHR. CHUNG: It's been moved by Ms. David, appropriately seconded by Ms. Eoff who's been a staunch supporter of these veteran cemeteries. Any discussion? MS. DAVID: Well,just exactly what you've said. We have always supported Ms. Eoff in her support of our veterans because they have done so much and sacrificed so much for us. This is something really small to show our support but glad to do it every year. Mahalo. CHR. CHUNG: Okay. And you, Karen, you wanted to say anything on these? MS. EOFF: Maybe I can speak up now because the next three are all for the same purpose. CHR. CHUNG: Okay. MS. EOFF: Or the next two, I mean. So, I just want to thank my colleagues for pitching in here. The West Hawaii, well, the Hawaii Wing of the Civil Air Patrol, Kona Composite Squadron, has helped sponsor this event every year, I think, for the last at least eight years that I know of. And I've helped contribute because they provide wreaths for every single grave at the West Hawaii Veterans Cemetery. And there's a ceremony to place these wreaths in honor of the fallen heroes. It's a very moving ceremony early in the morning, and it's in conjunction with the same ceremony all across the United States at different—Arlington Cemetery and other cemeteries. And just to put a plug in for the West Hawaii Veterans Cemetery, it's considered shrine status. It's a very beautiful resting place for veterans. So, like you said, I try to do as much as I can. We cannot do enough. And thank you for this probably last opportunity for me to do this. CHR. CHUNG: Okay. We have a motion on the floor. All those in favor, signify by saying "aye." Vote on Res. 711-20: The motion to adopt Res. 711-20 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. Page 21 Hawaii County Council-50 September 2,2020 CHR. CHUNG: Motion carried. Res. 712-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE WREATHS FOR THE WEST HAWAII VETERANS CEMETERY-PU`U HO`OMAHA O NA POB KOA O HAWAII KOMOHANA FOR THE NATIONAL WREATHS ACROSS AMERICA DAY Transfers $4,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1037 Intr. by: Ms. Eoff Vote on Res. 712-20: Ms. Eoff moved to adopt Res. 712-20. Seconded by (Adopted) Ms. David 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. 713-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE WREATHS FOR THE WEST HAWAII VETERANS CEMETERY-PU`U HO`OMAHA O NA POB KOA O HAWAII KOMOHANA FOR THE NATIONAL WREATHS ACROSS AMERICA DAY Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1038 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 713-20. Seconded by Ms. Eoff. CHR. CHUNG: Any discussion? Page 22 Hawaii County Council-50 September 2,2020 MS. VILLEGAS: I just want to say thank you for the continued support of my colleagues and just, once again, want to honor here on the Big Island our COVID deaths, being veterans, and just really want to express my gratitude for those who sacrifice so much, served with their heart and soul, and who continue now to struggle with the onslaught of COVID. And this being just a small reflection of our gratitude for that service. So, I thank you for your continued support. CHR. CHUNG: Okay. Any further discussion? There being none, all those in favor say "aye." Vote on Res. 713-20: The motion to adopt Res. 713-20 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. And really, we all want to thank our Kona Council Members for these small gestures, but in particular, Ms. Eoff really has been a staunch supporter of these veteran cemeteries throughout her career. So, thank you so much, Karen. Res. 714-20: SUPPORTS AMICI CURIAE NATIONAL RESOURCES DEFENSE COUNCIL, ET AL.'S, AMICUS BRIEF FILED IN CASE NO. 20-1025 (LEAD) AND CASE NO. 20-1138 (CONSOLIDATED) ENTITLED: ENVIRONMENTAL HEALTH TRUST, ET AL., AND CHILDREN'S HEALTH DEFENSE, ET AL., PETITIONERS, VS. FEDERAL COMMUNICATIONS COMMISSION AND UNITED STATES OF AMERICA, RESPONDENTS, IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Supports the Federal Communication Commission's updated safety regulations and procedures used to test levels of exposure to radiofrequency and electromagnetic fields emitted from wireless devices and equipment. Reference: Comm. 1041 Intr. by: Ms. David and Mr. Kaneali`i-Kleinfelder Waived: GREDC Motion to Approve: Ms. David moved to adopt Res. 714-20. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. CHUNG: Ms. David? Discussion. Page 23 Hawaii County Council-50 September 2,2020 MS. DAVID: Yes, thank you. Thank you very much, Chair. I just want to give you a breakdown quickly that,prior to bringing this resolution, we did act on Mr. Kaneali`i-KI einfelder's Resolution 678, basically calling upon the telecommunications companies and public utilities in Hawaii County to seek buildout of 5G technology until they have been proven by research and testing to be safe to human health and the environment. So,there was notable community support for that resolution in the end. What we have here before you today is a resolution asking this body that we support an amicus brief that's been filed by the Natural Resources Defense Council, which in turn supports a petition that's before the United States Court of Appeals that was filed by Environmental Health Trust and the Children's Health Defense against the FCC (Federal Communications Commission) and the United States of America basically asserting those same issues. So, the petition in the U.S. Court of Appeals is basically requesting that these technologies be included in the FCC's procedures as they consider approvals of these specific technologies. This resolution is not requesting that the County be made a parry to the Federal litigation but rather I'm asking that this Council support the amicus curiae for the friend of the court, which is Natural Resources Defense Council and their amicus brief in support of the main petition. This is pretty lengthy, but the copy of the amicus brief minus all the statutes and table of contents is attached to the communication that you folks have on your board Communication 1041. So,just quickly, I did have a conversation with Corporation Counsel because I really wanted to see how I could support this without being a parry to this suit because I know we couldn't be. And I was advised that a resolution brought before this body would be probably the best way to do this. And so, if a lot of the information, a lot of the issues that are being considered by the United States Court is listed on the resolution, and I would just really ask for this is a nonbinding resolution, but I really would ask that we support the fact that we want to make sure that the safety and health of our communities with respect to these kinds of technologies be considered, especially in this day and age where technology is just going crazy. And for one that doesn't reallyI'm not a techy person. I understand that there's risks to this. So, right now, I think I'd like to just yield to my co-introducer, Mr. Kaneali`i-Kleinfelder, and really ask for your support for this effort. Mahalo. CHR. CHUNG: Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Maile. Thank you for bringing this forward and letting me be a part of this. This really was the basis of Resolution 678. There's one excerpt in here that I'll read; not a long one, a short Page 24 Hawaii County Council-50 September 2,2020 one. But basically, the telecommunications act of 1996, being 24 years old, does severely limit local and state regulation of wireless services. And in 1996, the FCC was supposed to create rules and regulations to guide and govern RF (radiofrequency) signals and their effect on human beings and the regulations for. And they did it. And they've maintained that for 24 years, but technology has grown exponentially since then. So, in no way do we want to take away from anyone being connected. I know that's been passed around even by members of this Council that we're against growth of cellular connections. It's just that there's a lack of rule and regulation and environmental policy when it comes to RF signal and the health and effect— the ffectthe effects on the health of the environment and human beings. So, with that in mind, I mean, we have to be careful. This is part of our government process. This is how a process works. And this really outlines how limited we've become as local authorities in governing and protecting the health of our own people. So, I'm asking for everyone's support as well. I think this is a good solid document that we can then get behind. It is a nonbinding resolution, but it speaks to what's going on in the world today. So, mahalo, Maile David. Appreciate it and look forward to everyone supporting this resolution. CHR. CHUNG: Okay, anyone else? MS. VILLEGAS: Chair Chung? CHR. CHUNG: Yes, Ms. Villegas, go ahead. MS. VILLEGAS: Thank you. I also want to express my deep gratitude for the legal expertise by Ms. David in identifying and connecting with a current legal case that allows for us to support in that capacity without having to be directly involved. However, I really want our communities, especially rural communities, on this island that have unfortunately potentially been ear-mongered into believing that limiting or prohibiting 5G (Fifth-Generation Wireless) technology from our island, or asking for monitoring and certain boundaries and parameters on that kind of technology would directly prohibit anyone from being able to have access to what currently is 3G (Third Generation) and 4G(Fourth Generation) technology. 5G technology does not supersede—not having 5G technology does not mean you will be denied wireless access wherever you live. And we know, especially from CARES funding that's come through, that it is the direct intention of the County Administration and the County Council to provide wireless access. We've got mobile units, in fact, that will be visiting different neighborhoods and communities who do not have wireless access directly from their sites or Page 25 Hawaii County Council-50 September 2,2020 facilities. So, I want to make it very clear that the intention of this nonbinding resolution is by no means, nor has any of the conversation about 5G technology been about reducing or eliminating access to wireless technology to our very rural communities. And I just really want to make sure that people understand that 5G technology is a world away in difference in what it requires, what it exposes us to, and a lot of the complications associated with it. So, we really want our Big Island, our one island, our connected island to understand that the efforts being made related to 5G technology are in no way connected to or meant to be any effort to deny people access to wireless technology along the lines of what's currently available to all of us in more, I would say, maybe urban areas here on the Big Island. So, I'm super grateful for the discussion, for the opportunity, for the clarification, for the science and the technology, and for the continued protection based on their request, the urgent pleas, and the consistent crying out by members of our community on the Big Island for protection from 5G. With that, I yield. CHR. CHUNG: Anyone else? Mr. Richards, go ahead. MR. RICHARDS: Thanks, Chair. Maile and Matt, thanks because this is what I was talking about on the previous resolution. I don't agree with the statements about 5G being dramatically worse than 4G or 3G. It's RFR. It's the radiofrequency radiation that we need to be concerned about, and this would appear to address that going forward—and reviewing all of it, not just the 5G. So, this is the line that I was thinking. I don't know these groups. And I appreciate, Maile, that you did the investigation of not joining it,just commenting on it. I think it all needs to be reviewed just to make sure that we're going forward. And we have a track record with cell technology for the last, coming up on 20 years, I guess. So, we know. It would appear that if used appropriately, all of this can be safe. But this also appears that it's going to be making sure that we review all of the technology and not focusing on anything. So, I'm definitely going to support this because this is the right direction as far as the resolution. Chair, I yield. CHR. CHUNG: Okay, anyone else? There being none, we have a motion on the floor. All those in favor, signify by saying "aye." Page 26 Hawaii County Council-50 September 2,2020 Vote on Res. 714-20: The motion to adopt Res. 714-20 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): (Note: Items in this category were taken up previously, out of order.) 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): (Note: Bill 182 was taken up previously, out of order.) Bill 184: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Appropriates revenues in the Hawaii Island COVID-19 Response account ($50,000); and appropriates the same to the Hawaii Island COVID-19 Response account for infrastructure upgrades and equipment for the Hawaii Police Department in response to the COVID-19 pandemic. Reference: Comm. 1031 Intr. by: Ms. David (B/R) First Reading: August 19, 2020 Page 27 Hawaii County Council-50 September 2,2020 Vote on Bill 184: Ms. David moved to pass Bill 184 on second and final (Adopted) reading. Seconded by Ms. Lee Loy 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. Before we go on, can somebody contact the Corporation Counsel's office to come here for the Executive Session? MR. HENRICKS: Yes, we will. CHR. CHUNG: Oh, she's out there. No, it's okay. MR. HENRICKS: Oh, okay. Bill 185: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Appropriates revenues in the Project Safe Neighborhoods Grant account ($30,204); and appropriates the same to the Project Safe Neighborhoods Grant account to test firearms recovered by the Hawaii Police Department. Reference: Comm. 1032 Intr. by: Ms. David (B/R) First Reading: August 19, 2020 Vote on Bill 185: Ms. David moved to pass Bill 185 on second and final (Adopted) reading. Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member Eoff— 1. Excused: None. CHR. CHUNG: Motion carried. Page 28 Hawaii County Council-50 September 2,2020 Bill 186: AMENDS ORDINANCE NO. 20-44, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2020 TO JUNE 30, 2021 Adds the Public Works Lako Street Extension to Alii Drive project for $1 million to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund–Fund Balance and/or Other Sources. Reference: Comm. 1033 Intr. by: Ms. David (B/R) First Reading: August 19, 2020 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Motion to Approve: Ms. David moved to pass Bill 186 on second and final reading. Seconded by Mr. Richards. CHR. CHUNG: Any discussion? MS. VILLEGAS: Chair? CHR. CHUNG: Yes? Who's that? MS. VILLEGAS: This is Rebecca. CHR. CHUNG: Okay, go ahead, Rebecca. MS. VILLEGAS: This is Bill 186, correct? CHR. CHUNG: Yes. MS. VILLEGAS: I've received a number of different testimonies from constituents in District 7 with extreme concerns about the Lako Street Extension. They relate to cultural and archeological sites in the area. They relate to past lineal descendants, discrepancies with the way the road is planned. I guess I would love to get some clarity on what this $1 million adds and what the scope of work would be. I'm also aware of—and this has come through, and I believe all of you guys received the testimony as well, as it was emailed to all of us in a folder. There's direct concern about—I'm just going to speak frankly about what's been coming from the constituents. There's direct concern about the Lako Street Extension and how it relates to and opens up potential for large portions of land owned by one specific developer and development company. So, being new in Page 29 Hawaii County Council-50 September 2,2020 this role and new in this seat, I feel it behooves me to take into consideration the concerns of the lineal descendants and the areas that this road has been identified to go through. It goes through really significant cultural sites. And so, I guess what I would like to get—unfortunately, we aren't really in a circumstance, due to COVID, to have a number of testifiers here as some would be kupuna, and they are thankfully hunkered down to stay safe and healthy at this time. But I want to point out that there's some serious opposition to the project. I, myself, also see the necessity of mauka-makai connector roads and our need to provide access to evacuation routes and the desire to have more connectivity throughout District 7 in our neighborhoods and off of our roadways, but there's some challenges being raised here. And I was hoping somebody might be able to more effectively answer some questions about what this million dollars will be spent on. MS. POINDEXTER: Chair? CHR. CHUNG: Let me make a suggestion. MS. POINDEXTER: Oh, go ahead. CHR. CHUNG: Yeah. And actually, Ms. Poindexter seems to have been on that same wavelength. We're on second and final reading. We don't have the Department of Public Works here, nor did we give them advance notice that this would be an issue. So, why don't you make a motion to postpone. And you can bring it up. This is your district, Rebecca. I did mention that this thing, this Lako Street Extension has been, the last time, has been an issue since as far back as Lorraine Inouye's mayorship. MS. VILLEGAS: Thank you, Chair Chung. CHR. CHUNG: And there's some, for one reason or other, it has been mired in controversy. So, why don't we just postpone it? You let me know when you want it to come back. MS. VILLEGAS: Okay, thank you, Chair Chung. I would also like to point out that this didn't go to first reading. It was waived out of first reading, I believe, because of a time constraint. So, in the time that it made it into the newspaper CHR. CHUNG: No, it was waived out of Committee, but this is the second reading. MS. VILLEGAS: I'm sorry, waived out of Committee. In the time that it made it into the newspaper, it was actually in the last day or two that I had received the Page 30 Hawaii County Council-50 September 2,2020 predominant amount of information based on this. So, I would just like to point that out, that I agree. I would like to have been on this sooner, but I am getting up to speed with the information that's being provided to me about the conflicts here. So, I move to postpone. MS. DAVID: Second. CHR. CHUNG: Okay. There's a motion to postpone by Ms. Villegas and seconded by who? Ms. David? MS. DAVID: Yes. CHR. CHUNG: Okay. MR. HENRICKS: Could we get clarification on the timeframe of the postponement? CHR. CHUNG: Yeah. Well, how about this, Rebecca? Let's do it to the call of the Chair, but you'll be the driving force. This is your district. We give deference to that, right? MS. VILLEGAS: Yes. Thank you. Motion to Ms. Villegas moved to postpone Bill 186 to the call of the Postpone: Chair. Seconded by Ms. David. CHR. CHUNG: Okay. And I will say, nobody's suggesting that you're the reason for bringing this information up late. We all know the slew of concerns that came up very recently. So, that's how things happen sometimes, right? MS. VILLEGAS: Thank you, Chair Chung. I appreciate that. CHR. CHUNG: Okay. So, we have a motion on the floor to defer to the call of the Chair. All those in favor, say "aye." Vote on Motion to The motion to postpone Bill 186 to the call of the Chair Postpone: was carried by the following voice vote: (Approved) Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member Eoff— 1. Excused: None. Page 31 Hawaii County Council-50 September 2,2020 CHR. CHUNG: Motion carried. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. PC-52 APPOINTMENT OF BARBARA DEFRANCO TO THE LEEWARD (Comm. 1027): PLANNING COMMISSION Requires Council Confirmation by: September 13, 2020 (Section 134(1), Hawaii County Charter) Vote on PC-52: Ms. Lee Loy moved to adopt Planning Committee Report (Adopted) No. 52. Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member Eoff— 1. Excused: None. CHR. CHUNG: Motion carried. REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: Comm. 1039: GLEN BALDADO V. PHOENIX V LLC, ET AL.; CIVIL NO. 3CC181000221 From Deputy Corporation Counsel Section Chief Laureen L. Martin, dated August 3, 2020, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including settlement discussion. Page 32 Hawaii County Council-50 September 2,2020 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 1039, as authorized by Section 92-5(a)(4) (Approved) of the Hawaii Revised Statutes. Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member Eoff— 1. Excused: None. CHR. CHUNG: Motion carried. Let's go into Executive Session. Recess: At 10:09 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:48 a.m. CHR. CHUNG: Okay, we're back on the record, out of Executive Session. We have the matter that was announced earlier. Ms. Poindexter, you want to make a motion on this? Vote on Motion to Ms. Poindexter moved to decline the recommendation of Decline: Corporation Counsel regarding Comm. 1039. Seconded by (Approved) Mr. Kaneali`i-Kleinfelder and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member Eoff— 1. Excused: None. CHR. CHUNG: Motion carried to decline the recommendation of the Corporation Counsel. Okay, the motion is carried. OTHER The Chair directed the Council to proceed to the 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. Page 33 Hawai`i County Council-50 September 2,2020 (There were none.) CHR. CHUNG: We've come to the end of our agenda. ADJOURN- There being no further business, at 10:49 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, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung— 8. Noes: None. Absent: Council Member Eoff— 1. Excused: None. CHR. CHUNG: Motion carried. Thank you. Council Approval: OCT 7 2020 C MOW' JH/dg Page 34