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HomeMy WebLinkAboutMIN COUNCIL 2020-09-16 2018-2020 Hawaii County Council 51" Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii September 16, 2020 INVOCATION: Senior Pastor Sunny Ahn of Kona United Methodist Church 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, Kailua-Kona, by Ms. Karen Eoff, Acting Chair. ROLL CALL: Present: Mr. Aaron S. Y. Chung, Chair(via videoconference from Hilo) Ms. Karen Eoff, Vice Chair Ms. Maile Medeiros David, Member Mr. Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member(via videoconference from Hilo) Ms. Susan L. K. Lee Loy, Member (via videoconference from Hilo) Ms. Valerie T. Poindexter, Member Mr. Herbert M. "Tim" Richards, III, Member(via videoconference from Waimea) Ms. Rebecca Villegas, Member PLEDGE OF The Acting Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Mr. Kaneali`i-Kleinfelder led the Council in the Pledge of Allegiance.) PETITIONS, The Acting Chair directed the Council to proceed to the next order of business, MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (There were none.) EXPRESSIONS OF CONDOLENCE: STATEMENTS The Acting Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: (There were none.) Hawaii County Council-51 September 16,2020 APPROVAL The Acting Chair directed the Council to proceed to the next order of business, OF MINUTES: Approval of Minutes. Vote on Approval Ms. David moved to approve the Minutes of June 4, 2020. of Minutes: Seconded by Ms. Villegas and carried by the following (Approved) voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Motion to Approve: Ms. Poindexter moved to approve the Minutes of August 5, 2020. Seconded by Ms. Villegas. ACTING CHR. EOFF: Any comments? I guess I would just like to comment that thank you for keeping us pretty current with these minutes. I appreciate that. To all the staff that works on it. All in favor, please say "aye." Vote on Approval The motion to approve the Minutes of August 5, 2020, of Minutes: was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Okay, we'll move on. I have requests to take a few items out of order regarding Resolution 717; Bill 194; Bill 183, Draft 2; and Bill 188. All have been requested out of order. So, Mr. Clerk, let's just start with Resolution 717. Change Order As directed by the Acting Chair and with no objection from the Council Members, of Business: the following items were taken out of order: Page 2 Hawaii County Council-51 September 16,2020 Res. 717-20: RESCINDS AND CANCELS RESOLUTION NO. 281-14 (DRAFT 2) AND AUTHORIZES THE EXEMPTION OF CERTAIN CODE REQUIREMENTS, PURSUANT TO SECTIONS 2011-1-38 AND 46-15.1 OF THE HAWAII REVISED STATUTES, FOR KUAKINI SENIOR LIVING IN NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-017:005 Kuakini Highway 75-6099 Corp. seeks exemptions from certain conditions of approval in Ordinance 06-78 and County Code requirements to facilitate development of an assisted living and senior housing and care campus to accommodate approximately 250 residents. Reference: Comm. 1051 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-54 Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 717-20 and Planning Committee Report No. 54. Seconded by Ms. Poindexter. ACTING CHR. EOFF: I believe Mr. Fuke may be in Hilo. I don't know if we need him to come to the table, but, Council Members, do you have any comments or questions? MS. KIERKIEWICZ: Chair, if I could just share. I'm appreciative of the applicant working hard with the Council to address any and all concerns. We've had two Committee meetings, robust discussion about this project and the request before us. We also have Housing Administrator Duane Hosaka here to answer any questions that members of the Council may have. ACTING CHR. EOFF: Oh, okay. MS. KIERKIEWICZ: Thank you, I yield. ACTING CHR. EOFF: Any questions, Council Members, or we're good now? Okay. Well, thank you for your work on this, everybody, and I appreciate the changes that have been provided here. So, all in favor please say "aye." Vote on Res. 717-20: The motion to adopt Res. 717-20 and Planning Committee (Adopted) Report No. 54 was carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. Page 3 Hawaii County Council-51 September 16,2020 ACTING CHR. EOFF: Motion carries and Resolution 717 is approved. Mr. Clerk, can you read, under `Bills for First Reading," Bill 194? Bill 194: 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 Federal Grants —Sex Assault Nurse Coordinator account($28,337); and appropriates the same to the Sex Assault Nurse Coordinator account, for a total appropriation of$83,337. Funds would be used for medical and forensic services for victims of sexual assault. Reference: Comm. 1064 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 194 on first reading. Seconded by Ms. Poindexter. ACTING CHR. EOFF: Ms. David. MS. DAVID: Yes. I believe we have police officers in our Hilo chambers to come and give us a brief overview of this bill. Hilo, do we have a police officer? I was told. MS. LEE LOY: Yes, we have Lieutenant Finkey here. MS. DAVID: Okay. Would he like to come to the table? (Note: At this time, Police Lieutenant Sandor Finkey came forward to address the members of the Council, via videoconferencing from Hilo.) MS. DAVID: Good morning, Lieutenant. Thank you for being here, and if you could just briefly describe this bill and the funds and this grant. Thank you. MR. FINKEY: Good morning. The grant is a Federal grant, which is a Violence Against Women Act. The grant is a recurring grant, which we receive each year. Normally, the amount is close to $55,000. This year it's a little over $80,000. They've appropriated some extra money, based off of money that wasn't used from previous grants, and provided that to us. The Violence Against Women Act grant is for training of our sexual assault nurse examiners, which are the nurses who conduct the sexual assault forensics examinations. It also pays for training for our officers in travel, for our officers and detectives who are within the Juvenile Aid Section who investigate sexual Page 4 Hawaii County Council-51 September 16,2020 assaults. The grant also covers the Call-Out stipends for the nurses, which are paid when they respond within a certain timeframe to conduct a sexual assault forensic examination. MS. DAVID: Thank you very much for the explanation, Lieutenant. And for the record, we couldn't hear your last name. Could you please state your last name again? MR. FINKEY: My last name is FinkeyF I N K E Y. MS. DAVID: Thank you so much. All right. At this time, I'll yield to Council Members who may have questions. ACTING CHR. EOFF: Comments or questions, Council Members? Seeing none, then, all in favor please say "aye." Vote on Bill 194: The motion to pass Bill 194 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Bill 194 will move to second reading. I needed to do Bills 188 and 183. So, let's just do Bill 188 first. 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) First Reading: September 2, 2020 Motion to Approve: Ms. David moved to pass Bill 188 on second and final reading. Seconded by Ms. Villegas. ACTING CHR. EOFF: Go ahead, Ms. David. Page 5 Hawaii County Council-51 September 16,2020 MS. DAVID: Yes, thank you. This has already passed several Committees and first reading, and I ask for your continued support. Thank you. ACTING CHR. EOFF: Any other comments? Questions? Seeing none, all in favor please say "aye." Vote on Bill 188: The motion to pass Bill 188 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Bill 188 is adopted. Can we go to Bill 183? Bill 183: AMENDS ORDINANCE NO. 10-19 WHICH RECLASSIFIED LANDS FROM (Draft 2) 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. 1024.2 Intr. by: Ms. Kierkiewicz (B/R) First Reading: September 2, 2020 Page 6 Hawaii County Council-51 September 16,2020 Vote on Bill 183: Ms. Kierkiewicz moved to pass Bill 183, Draft 2, on Draft 2 second and final reading. Seconded by Ms. Lee Loy and (Adopted) carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Bill 183 is approved. Excuse me, are you here for the first item? Which? 717? Okay. Let's go to the top of the agenda, please. MS. KIERKIEWICZ: Chair? I'm so sorry to interrupt but we have Housing Administrator Duane Hosaka here for Bills 189 and 190. And we also have Prosecuting Attorney Mitch Roth here for Resolution 728-20, if you would be so kind as to take those items out of order. ACTING CHR. EOFF: Okay. Okay, I'll go ahead with this first reso (resolution) and then we'll jump to those, okay? MS. KIERKIEWICZ: Thank you so much. ACTING CHR. EOFF: Okay. Resolution 717-20. MR. HENRICKS: I think it was 728. ACTING CHR. EOFF: I'm sorry. 715. MR. HENRICKS: I'm sorry. I thought they just asked for 728 for the Prosecuting Attorney, if I'm not mistaken. ACTING CHR. EOFF: Yeah, I was just going to take Hamana. MR. HENRICKS: Oh, okay. All right, very good. Return to Order The Acting Chair directed the Council to return to the order of business. of Business: COMMUNI- The Acting Chair directed the Council to proceed to the next order of business, CATIONS: Communications. (There were none.) Page 7 Hawaii County Council-51 September 16,2020 ORDER OF The Acting Chair directed the Council to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. (Note: Res. 717-20 was taken up previously, out of order.) Res. 715-20: AUTHORIZES THE GRANT OF EASEMENT FOR UTILITY PURPOSES AT KOHOLALELE, DISTRICT OF HAMAKUA, COUNTY AND STATE OF HAWAII, TAX MAP KEYS: 4-2-005:001 (POR.), AND 4-2-005:005 (POR.) TO HAWAII ELECTRIC LIGHT COMPANY, INC. The Hawaii Electric Light Company seeks to increase its interest from a Revocable Rights of Entry Agreement to a grant of easement in exchange for a payment of$26,300 to continue maintenance of the utility poles and lines providing service to its customers. Reference: Comm. 1042 Intr. by: Ms. David (B/R) Approve: FC-134 Vote on Res. 715-20: Ms. David moved to adopt Res. 715-20 and Finance (Adopted) Committee Report No. 134. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Resolution 715 is adopted. Resolution 728. Change Order As directed by the Acting Chair and with no objection from the Council of Business: Members, the following items were taken out of order: Page 8 Hawaii County Council-51 September 16,2020 Res. 728-20: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF REAL PROPERTY FOR THE COUNTY OF HAWAII OFFICE OF THE PROSECUTING ATTORNEY Authorizes the Mayor to enter into a five-year lease agreement with Milo Storage LLC, for approximately 3,328 square feet of warehouse space to be used by the Office of the Prosecuting Attorney. Reference: Comm. 1068 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 728-20. Seconded by Ms. Poindexter. ACTING CHR. EOFF: Any discussion? MS. DAVID: Yes. I believe Prosecutor Roth is in our Hilo chambers, and this matter was waived out of Finance. So, I would like to request that Mr. Roth give us a brief description of this lease and the purpose. Thank you. (Note: At this time, Prosecuting Attorney Mitch Roth came forward to address the members of the Council.) MR. ROTH: Aloha. Thank you very much for having me here today. Mitch Roth, Prosecuting Attorney for the County of Hawaii. This is a lease to take over what we have now at the old hospital. We had a flood incident, and it's causing some problems over there. So, basically, we're moving all of our storage from the old hospital to this new location. This actually gives the County a great opportunity, as we have issues with homelessness and we're using part of that old hospital to house people. This will also allow the County, if they so desire, to create one-stop shops so we'll have more housing for different people over there. So, we've kind of grown out of this. Due to the recent flooding incident, the hospital needs to be repaired but it's another opportunity for the County. MS. DAVID: Thank you, Mr. Roth, for that explanation and I think this is a great thing for the Prosecutor's office also. I yield, Chair. Thank you. ACTING CHR. EOFF: Thank you, Ms. David. Thank you. Are there any questions? MR. RICHARDS: Chair? Richards. ACTING CHR. EOFF: Go ahead, Mr. Richards. Page 9 Hawaii County Council-51 September 16,2020 MR. RICHARDS: Yeah, Mitch, thanks for being here. Mitch, the old hospital which isI guess we can call it the old"old hospital"—are we moving into the new facility down—we have the new courtroom and the new prosecuting office in Kona. Are we using that for any storage? MR. ROTH: Yeah. There is a little bit of storage,but there's really not space to store all the files that we have in the old "old hospital." MR. RICHARDS: Okay. All right. So, we need the extra space is what you're saying then. MR. ROTH: That is correct. MR. RICHARDS: Okay, thanks. I yield. ACTING CHR. EOFF: Thank you, Mr. Richards. Any other questions for Mr. Roth? MS. LEE LOY: I do, Chair. ACTING CHR. EOFF: Go ahead. MS. LEE LOY: Thank you, Mitch, for being here. The lease is for five years. What is the retention schedule for the stuff that you folks will be having in storage? Because, I'm concerned that you guys need to keep the records longer than this term of the lease. MR. ROTH: One of the things that we looked at doing is trying to put everything onto, like, Laserfiche or digitally stored. That is kind of difficult. We're talking about where these storage cases are. Generally, cases where we have people sitting incarcerated. And so, we have to keep a lot of that stuff. But my hope is eventually to move that to a digital storage, but that's going to take a lot of time and a lot of money. MS. LEE LOY: I prefer right now the five years is like a placeholder for Prosecuting Attorney's. MR. ROTH: Yes. MS. LEE LOY: Great. Thank you, Chair. Thank you, Mitch. I yield. ACTING CHR. EOFF: Okay, thank you, Ms. Lee Loy. Any other questions or comments? Did you want to add something? Okay. Hearing none, all in favor please say "aye." Page 10 Hawaii County Council-51 September 16,2020 Vote on Res. 728-20: The motion to adopt Res. 728-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Resolution 728 is adopted. Okay. Can we go to Bill 189 under second reading? 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) First Reading: September 2, 2020 Motion to Approve: Ms. David moved to pass Bill 189 on second and final reading. Seconded by Ms. Poindexter. ACTING CHR. EOFF: Ms. David. MS. DAVID: Just ask for your continued support on this one. ACTING CHR. EOFF: Thank you. Any questions, comments? Hearing none, all in favor please say "aye." Vote on Bill 189: The motion to pass Bill 189 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. Page 11 Hawaii County Council-51 September 16,2020 ACTING CHR. EOFF: Motion carries. Bill 189 is approved. MS. DAVID: Excuse me, Chair? ACTING CHR. EOFF: Ms. David. Vote on Motion to Ms. David moved to suspend Council Rule 15 to waive the Suspend Council 5-day hold for reconsideration. Seconded by Rules: Ms. Poindexter and carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Bill 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) First Reading: September 2, 2020 Motion to Approve: Ms. David moved to pass Bill 190 on second and final reading. Seconded by Ms. Villegas. ACTING CHR. EOFF: Ms. David. MS. DAVID: Yes. Just ask for your continued support on this bill. Mahalo. ACTING CHR. EOFF: Okay, thank you. Any comments or questions, Council? Hearing none, all in favor please say "aye." Page 12 Hawaii County Council-51 September 16,2020 Vote on Bill 190: The motion to pass Bill 190 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. MS. DAVID: Chair? ACTING CHR. EOFF: Ms. David. Vote on Motion to Ms. David moved to suspend Council Rule 15 to waive the Suspend Council 5-day hold for reconsideration. Seconded by Ms. Villegas Rules: and carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Should we just go ahead and do Bill 191 while we're here? Okay. Page 13 Hawaii County Council-51 September 16,2020 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) First Reading: September 2, 2020 Motion to Approve: Ms. David moved to pass Bill 191 on second and final reading. Seconded by Ms. Villegas. ACTING CHR. EOFF: Ms. David. MS. DAVID: Just ask for your continued support. Thank you. ACTING CHR. EOFF: Thank you. Any questions or comments, Council? I know we've discussed this MS. DAVID: At length. ACTING CHR. EOFF: At length. Okay, hearing none, all in favor please say Ic aye. Vote on Bill 191: The motion to pass Bill 191 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. MS. DAVID: Chair? Page 14 Hawaii County Council-51 September 16,2020 ACTING CHR. EOFF: Ms. David. Vote on Motion to Ms. David moved to suspend Council Rule 15 to waive the Suspend Council 5-day hold for reconsideration. Seconded by Ms. Villegas Rules: and carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries and let's see. Were there any other requests or anybody waiting? MS. LEE LOY: Yes, Chair. ACTING CHR. EOFF: Ms. Lee Loy. MS. LEE LOY: Bill 195. Robyn Matsumoto from the Department of Public Works is here for that matter. ACTING CHR. EOFF: Okay, Bill 195. And was there another one? MS. LEE LOY: No,just the one. ACTING CHR. EOFF: Okay. This is under first reading. Mr. Clerk, Bill 195. Bill 195: 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 Increases the Public Works Fire/Police Dispatch project by $13.8 million. Additional funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or Other Sources, for a total appropriation of$46 million, to be used for communication equipment and other miscellaneous allowances. Reference: Comm. 1065 Intr. by: Ms. David (B/R) Waived: FC Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Page 15 Hawaii County Council-51 September 16,2020 Motion to Approve: Ms. David moved to pass Bill 195 on first reading. Seconded by Ms. Villegas. ACTING CHR. EOFF: Ms. David. MS. DAVID: Yes, I believe—Ms. Lee Loy, did you say someone was in the chambers who would like to speak to this one? MS. LEE LOY: She's here if anyone has questions. MS. DAVID: Okay, great. I yield. I don't have any questions on this one. Thank you, Chair. ACTING CHR. EOFF: Okay, any questions, Council? Any comments, questions? Okay, hearing none, then, all in favor please say "aye." Vote on Bill 195: The motion to pass Bill 195 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Return to Order The Acting Chair directed the Council to return to the order of business. of Business: Res. 716-20: URGES THE MAYOR'S OFFICE TO AUTHORIZE GOOGLE AND/OR APPLE TO RELEASE SUSTAIN HAWAII'S "SAFE TRAVELS CONTACT TRACING APPLICATION" FOR VOLUNTARY USE BY COUNTY CONSTITUENTS TO AUGMENT EXISTING SAFETY PROTOCOLS CURRENTLY IN PLACE IN THE STATE OF HAWAII IN RESPONSE TO THE COVID-19 PANDEMIC Seeks to increase access to contact tracing and testing in response to Hawai`i's recent COVID-19 spike. Reference: Comm. 1050 Intr. by: Mr. Kaneali`i-Kleinfelder Approve: PSC-15 Page 16 Hawaii County Council-51 September 16,2020 (Note: Comm. 1050.1, from Council Member Susan L. K. Lee Loy dated September 10, 2020, and Comm. 1050.8, from Council Member Matt Kaneali`i-Kleinfelder dated September 15, 2020, transmitting proposed amendments to Resolution 716-20, were circulated.) Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 716-20 and Public Safety Committee Report No. 15. Seconded by Ms. Poindexter. ACTING CHR. EOFF: Okay, Mr. Kaneali`i-Kleinfelder, you have the floor. MR. KANEALI`I-KLEINFELDER: We had a very lengthy discussion in Committee regarding this resolution. I find this to be incredibly important regarding the safety and health and welfare of our citizens on our island, and I think what we brought forward was a very good option for preventing the spread of COVID (coronavirus disease) in our community. Since we had that discussion, some other things have come to light, and I'm still sticking with my guns on this one. I think it's a great option for us to use. I do note that there are two amendments that have been brought forward, and I'd like to see if any Council Members have any further things to add before we discuss the amendments. ACTING CHR. EOFF: Okay, there's two amendments. You should have in your folders Communications 1050.1 and 1050.8. I'm not sure how you want to proceed. You have the floor, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. I guess before we get into too much discussion, it's come to my attention that thereactually, Val was gracious enough to help us get a meeting together with some of our FQHCs (Federally Qualified Health Centers). And since that meeting, Bay Clinic and Hamakua Health Center have both provided a letter of support to Sustain Hawaii for the approval of the app (application). I, myself, wrote a letter offering my support. And I learned last night that, I mean, we have UH(University of Hawai`i)using a tracing app, and that some of the members of the astronomy sector are actually being required to use a tracing app to better the health of the employees there. So, I think that just really speaks to how important this is and that this is a good opportunity for the County to use. With that said, I'd like to make a motion, actually, to amend Resolution 716-20 with the contents of Communication 1050.8. Motion to Amend: Mr. Kaneali`i-Kleinfelder moved to amend Res. 716-20 with the contents of Comm. 1050.8. Seconded by Ms. Poindexter. Page 17 Hawaii County Council-51 September 16,2020 ACTING CHR. EOFF: You want to go ahead and explain this amendment? MR. KANEALI`I-KLEINFELDER: Yes, thank you, Chair. I did receive—what you have in your folder is Communication 1050.1 from Ms. Lee Loy's office. After reading it over, I do agree that there were some things that needed to be amended. I took into consideration the proposals by Ms. Lee Loy's office, and some are updates. Looking back on our process, if we were to update every resolution or bill that came forward to the most recent information, I think our process would never end. But with that in mind, I did take into account what her office had brought forward, and I used her document to guide a further amendment from my office. But I did want to keep the same teeth in this resolution and not remove them so that we could have some action at the end of a resolution. There are some minor changes here. For one, Sustain Hawaii is actually moving towards changing their name tosorry, not the nonprofit but the name of the application itselfto Perseus ID. That's a substantial change. But very important, there's been some confusion over the Safe Travels website that was created by the State of Hawaii versus the mobile application that we are discussing today. And then, I wanted to add in the words "as well as all other mobile applications that offer similar services or functions that are available for free or voluntary use." And I do appreciate Shannon Magnuson working with me to help make this happen because these are some very substantial changes. Again, most of it being updates to the existing resolution, as you can see. But I think I would be open to hearing any questions or concerns that the Council may have after looking this over, and going from there. So for now, I'll yield and I appreciate your time and attention to this. I think this is, again, very important for our County. ACTING CHR. EOFF: Okay. Did you say you'll yield at this time? MR. KANEALI`I-KLEINFELDER: Yes, I do yield. ACTING CHR. EOFF: Okay. Council Members, further discussion on the amendment? MS. LEE LOY: Yes, Chair. ACTING CHR. EOFF: Ms. Lee Loy. MS. LEE LOY: Thank you. And thank you to Mr. Kaneali`i-Kleinfelder for using my amendment, which was put out about five days ago as a guide. Well, actually, what I can see is it actually mirrors a lot of the changes that he's put into Communication 1050.8. Page 18 Hawaii County Council-51 September 16,2020 I think he mentioned having teeth. I think the challenge is it's an endorsement of just one particular entity. And I think, in light of this pandemic moving so quickly, I think we need to have as many options on the table that we can have. Having teeth is one thing. As Mr. Kaneali`i-Kleinfelder said, there's been a number of FQHCs who's signed on, other people who have signed on that actually allow the particular beta tester that we saw at Committee. Those letters give them the option to continue to move forward. What I'd like to do is allow anybody to come forward. And this was some of my concern at Committee, that I was taking a huge leap of faith. But what I don't want to do is put all of our eggs in one basket with just one vendor. I'd like to keep it as broad-brushed as possible. From what I can see, every single amendment I proposed five days prior to Mr. Kaneali`i-KI einfelder's amendment is in his. The only difference is his title, whereas mine continues to add more information on one, two, three different areas of the resolution. I want to hear what my other colleagues have to say. I don't think we should handcuff ourselves and tie ourselves to one thing when we need as many options as possible. I can support Mr. Kaneali`i-Kleinfelder's, but I think if we really want to have the kind of impact we want, we should grab it all and put all our options on the table. I'll yield to hear any other comments. ACTING CHR. EOFF: Okay, thank you, Ms. Lee Loy. Ms. Poindexter. MS. POINDEXTER: Yeah. First of all, I want to thank Council Member Kaneali`i-Kleinfelder because you kicked us in the butt to get us going because nobody else was. And for Hamakua Health Center and Bay Clinic to step up to the table and put their letters in for endorsement just says it all. I've had a call from Hamakua Health Center saying they started the process to prepare, and they want to set up a meeting. And this is—kudos to you, Council Member Kaneali`i-Kleinfelder because, like I said, you put this into action. And like I said before in the previous meeting, there are tons of stuff out there. We can wait forever to try to include everybody and whomever, but this is the start right here. It doesn't mean that we're not going to use anybody else. If any other apps is people have the free will to use whomever they want. They don't have to use this app. But this is coming from the Council saying, "Enough! Enough of us being stuck in one place and not taking action into anything because we want a buffet of providers." So, this is a great start. Thank you for being on the, I mean, hosting that Zoom meeting that we had with all of the FQHCs. We're still waiting to hear from CEO (Chief Executive Officer) Richard Taaffe of West Hawaii Community Health Center who was very supportive of this process. And they have to meet with boards in order to be able to proceed with whether a letter or how they will handle it. But again, no Page 19 Hawaii County Council-51 September 16,2020 matter what we do here, it's already on the roll because of you, Matt, and I appreciate that. So, you started this. It's already rolling out. It doesn't matter if this thing fails today because Hamakua Health Center and Bay Clinic already are on board. So, we got it going with the the people are the most important. It's not us that creates what people have to use. People have a choice to use whatever they want to use. They don't have to use this. But you brought this to the forefront. You kicked us in the butt, and we're moving forward. So, I'm supporting your amendment. I appreciate all that you do, and I'm so glad that you're on this Council. Aloha. I yield at this time, Madam Chair. ACTING CHR. EOFF: Okay, thank you. Ms. Villegas. MS. VILLEGAS: I concur wholeheartedly with the comments of Ms. Poindexter. Thanks, Matt. This is huge. My email blows up daily with people so concerned about the spread of COVID on this island; freaking out, afraid, looking for ways and means to prevent and to track and to gain a greater understanding. You have facilitated and are executing this opportunity for our County to utilize technologies that bypass archaic systems that have, unfortunately, really stunted the Department of Health in our State. All you have to do is look at the news daily to see that. And I feel for those working in that department and struggling. One of the things I read last week, that one of the greatest challenges for the Department of Health with contact tracing was that they were still utilizing an old-school fax (facsimile) machine. They could not keep up with notifying and contact tracing. I just see this as an opportunity for us to really embrace the technologies that are available. I know that other people are also afraid of tracking and the Man and Big Brother and whatnot. But to that, I'd have to say most of us have a cellphone anyway. So, we're all really very much accessible should anybody want to find out where we are. And I love that this is voluntary. And I appreciate your amendment and taking into consideration the different factors that you did with humility and insight and integrity and reaching out to your community and working within and amongst the healthcare providers to ensure that this was the kind of technology that would be relevant and vital to their continued success. So, I really want to thank you for that. And I don't necessarily see the need for us to amend something to allow for any and all technology. There's a reason why Google and Apple make a requirement for a municipality to approve of a certain technology. And so, I don't think that there—as more technologies or other opportunities come forward, then we can have an opportunity to look at those and adjust them. Page 20 Hawaii County Council-51 September 16,2020 But I appreciate your amendment, and I don't necessarily think we need to add in that anybody can from here. I think it is still important that we vet the different technologies and apps that come through. And I, myself, having experience with some of the people who are working with this app and the purpose for its creation and the initiative that it took for them to put it together, especially as a nonprofit status. I just really appreciate that this has been created at a local level in Oahu and that they endured our last meeting and didn't just tell us, "Hey, whatever. Outer island, shmouter island." I'm sure they've got plenty to do on Oahu. So, I am extremely grateful that they didn't just kind of tell us forget it because we kind of gave them a grilling. And so, I'm extremely grateful that this is still an opportunity. I'm sure they're working out their kinks, as we all are. COVID is not something any of us received specific training for handling while on a legislative body. And we all continue to do the best we can. So, I wholeheartedly thank you for bringing this forward, kicking us in the tuchus, and making us really look at risk versus reward and gather our courage and make decisions accordingly. So, thank you. With that, I yield. Point of ACTING CHR. EOFF: Thank you, Ms. Villegas. If no one objects, a point of Clarification: clarification. I would just like to ask Mr. Kaneali`i-Kleinfelder. I believe in your title change you actually do add in "as well as all other mobile applications offering similar services." So, you haven't limited it to just one anyway, right? So, I just wanted to clear that up because it seemed like there was a concern. MR. KANEALI`I-KLEINFELDER: That is correct, Chair. I did take the last meeting into consideration and worked with LRB (Legislative Research Branch) to ensure that, going forward, we didn't handcuff anyone and that we actually were taking a more arms-open approach to anyone walking in the door with the technology. Because as we all know, technology changes daily. And going forward, we have to be ready. And we have to be very proactive as leaders to overcome what COVID has presented to our community. So, thank you for recognizing that, Chair. ACTING CHR. EOFF: And thank you for letting me just clear that up. Okay, are there other comments or questions, Council Members, before we take a vote on this amendment? MR. CHUNG: Yeah. Karen? ACTING CHR. EOFF: Mr. Chung. MR. CHUNG: The last time I voted against this resolution. And having looked at what the amendmentoh, this is an amend—we're only voting on the amendment, right? Page 21 Hawaii County Council-51 September 16,2020 ACTING CHR. EOFF: Correct. MR. CHUNG: Okay, well, let me speak to the amendment then. I wanted to credit Matt, not to the level that others have, of course, but those superlatives may be a little bit going overboard. But I do credit him for at least working with Ms. Lee Loy on this matter. Today is the first time I saw either of these proposed amendments, and it looks like what Mr. Kaneali`i-Kleinfelder did is he worked with Ms. Lee Loy and he integrated all of her recitals, with one minor exception. And I had to look this thing over really quickly. With the exception of the recital that starts "WHEREAS, Hawaii County's hospital . . . ." He made a slight change from what Ms. Lee Loy had provided, but aside from that, everything else is there. So, I guess they worked together. Mr. Kaneali`i-Kleinfelder used everything that Ms. Lee Loy had prepared and came up with something that I think I can at least support. I'm not totally fond of this thing, and I'll explain more when we discuss the main motion, but I will be supporting it today. Okay. Thank you. ACTING CHR. EOFF: Thank you, Mr. Chung. Ms. David. MS. DAVID: Thank you, Chair. I'm not going to repeat what everyone else has said. But I just would like to mahalo Mr. Kaneali`i-Kleinfelder for your efforts in making this as accessible and leaving options open for the County because I think that's a sign of a good legislation, where we don't hamstring ourselves to something specific and allow ourselves the opportunity to grow and expand as technology expands. So, your work on this is very notable and I thank you for it. So, I definitely will be supporting your amendment. Mahalo. ACTING CHR. EOFF: Okay, thank you, Ms. David. Hilo, anybody else would like to comment on the amendment? MR. RICHARDS: Chair? ACTING CHR. EOFF: Mr. Richards in Waimea. MR. RICHARDS: Thank you. I know we have another amendment, so I'm not sure how you're planning on handling this, but I had a few questions as it pertains to the amendment. My concern, I think, echoes Chair Chung's about channeling into any one technology or provider, and this in part fixes some of that. But I did have questions that, previous, there was going to be a meeting with the Mayor's office. And my concern revolves around the fact that this is a beta product, and it hasn't been tested and I needed more information. So, I'm not sure if we should discuss that now or if we should discuss it after the vote on the amendment. Page 22 Hawaii County Council-51 September 16,2020 ACTING CHR. EOFF: I would say we should take care of the amendment first and then we can discuss the main motion. MR. RICHARDS: Okay because without an understanding of that, I'm not going to be able to support this amendment. So, okay. With that—because, I still have reservations about the fact that it's not a proven technology. I agree we need to embrace technology, but it's not a proven technology and I wanted to take on some others. And I agree that it is voluntary, and that's one of the problems of using tracing or trace back or however you want to characterize it. I don't want the public to have an air of confidence in any product that is not necessarily used by a lot of people. Because, if we use one product and we only have a very small data set, and they're looking to see if they're going to see an exposure, my concern is we're going to be misleading the public. And that's where my angst comes with some of this. And that's why when it's a beta and we haven't done any data to understand how this is going to be accepted by the public and whether or not it's valid, that's where my concern comes from. So, that's why I wanted to know how the meeting with the Mayor went. But we can vote on this and then we can have further discussion. I yield. ACTING CHR. EOFF: Okay, well, we can continue here on the amendment if Mr. Kaneali`i-Kleinfelder wants to wrap it up. MR. KANEALI`I-KLEINFELDER: I would call for the vote. ACTING CHR. EOFF: Okay, so we'll go ahead and vote on the amendment. Shall I do a roll call then? MS. POINDEXTER: Yeah. ACTING CHR. EOFF: Okay. Mr. Clerk, can you please check the vote on the amendment? Vote on Motion to The motion to amend Res. 716-20 with the contents of Amend: Comm. 1050.8 was carried by the following roll call vote: (Approved) Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff–9. Noes: None. Absent: None. Excused: None. (Note: Mr. Richards voted "kanalua"then "aye.") Page 23 Hawaii County Council-51 September 16,2020 Vote on Motion to Ms. Poindexter moved to suspend Council Rule 24 to Suspend Council waive the holdover for the substantive amendment of Rules: Res. 716-20. Seconded by Mr. Kaneali`i-Kleinfelder and (Approved) carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff–9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: So, we can go ahead now and continue our discussion on Resolution 716-20, as amended. Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I think what's important to understand for everybody is that the point of this was, on August 9th, every single legislator, every single council member in Honolulu, Maui, and Kauai County received an email from Stephanie Yan, who is part of the nonprofit Sustain Hawaii. And when I received that email, it was lengthy but it was very well detailed and it documented the exchange between Sustain Hawaii and DOH (Department of Health) and everything that's happened in between. And what I came to understand is that this nonprofit, in an effort to help our State reopen, with zero funding had gone through the motions to create an app to help the public overcome COVID-19 (Coronavirus Disease 2019). That was August 9th when I received the email. Prior to that, their work had been done. They're ready to go. And I think that's important to look at as we consider reopening. And we had a date provided the other day, that I think has been rescinded, of October 1st for reopening. But if we in our County are going to reopen to visitors—and I would expect to see an increase in COVID-19 cases then we need measures like this amongst others to help us get a grip on our cases and help stop the spread of COVID-19. There is no silver bullet but this is one thing that can help us. And in this case, we do need support from both ourselves and from the Mayor's office. To date, we've had about 14 veterans die. And I think in the future I would like to make sure that we do not let that continue to happen and deem it the norm going forward. This is a proactive measure designed to keep our communities safe. That's what we need right now. We need proactive measures. I'm going to yield. I'd like to hear what everyone has to say about the amendment itself. But I think that sum up of what has happened to date and what brought this resolution forward and in my many talks with FQHCs in the Mayor's Page 24 Hawaii County Council-51 September 16,2020 office and where we stand today, I think it's just important to understand that background of why this is in front of us today and why this is so important. I yield. ACTING CHR. EOFF: Okay, thank you. Any further comments, Council Members? MR. RICHARDS: Yeah, Chair. ACTING CHR. EOFF: Go ahead, Mr. Richards. MR. RICHARDS: Yeah, how did the meeting go with the Mayor's office? ACTING CHR. EOFF: Is that a question for Matt? MR. RICHARDS: I'm not sure who I ask because that was—my understanding, that was going to come forth. And I thought we'd be having some sort of communication concerning that but I've seen nothing. And of course, we can't ask each other everything. So, did that meeting occur? Does anybody even know? ACTING CHR. EOFF: Mr. Kaneali`i-Kleinfelder, I believe, is going to answer. MR. KANEALI`I-KLEINFELDER: To answer your question, Mr. Richards, although communication has been spotty at best, I would say, between myself and the Administration in my term, I would say that after the meeting with the FQHCs, who were very positive on this app being used, my follow-up conversation with the Mayor's office, I mean, to put it in a very summed up form would be that, that is not a priority for our Administration at this time. MR. RICHARDS: Okay, so then I would say that Sustain Hawaii did not have the meeting with the Mayor's office. That surprised me. I thought Roy was quite receptive to it. So, okay. Thanks, Chair. I yield. ACTING CHR. EOFF: Thank you. Ms. Poindexter, do you ? MS. POINDEXTER: Yeah, I just wanted to reiterate that, that I found out that they're not taking this as a priority. So, I don't think they'd consider any meetings anyway. That's a disappointment but, hey, it is what it is. Thanks. ACTING CHR. EOFF: Any further comments or questions, Council? MR. CHUNG: Yes, Karen. It's me, Aaron. ACTING CHR. EOFF: Mr. Chung. Page 25 Hawaii County Council-51 September 16,2020 MR. CHUNG: Thank you. I'm going to support this resolution. It is really nonbinding. I'm not really enamored of it in total, but I guess if you peel away all of the layers, the message is that we should support digital contact tracing applications, so long, though, with the proviso that they're compatible and they don't cause confusion throughout the community. So, there's a lot of things that haven't been answered here. And as I said, I just got these two this morning. Of course, Ms. Lee Loy's is dated September 10, but they all just come in a packet to each of us in the morning. I see that Matt's one was dated yesterday, and he took out some of what I view as being the troublesome aspects in his title and also included other available applications, which is good. But to single out one app is troubling to me because we don't know much about this thing. And quite frankly, even if we had a lengthy discussion with the individuals who developed this app, that's only one side of the story. They mentioned Google and Apple. The first resolution was to authorize or to urge the Mayor to authorize Google and Apple to support the release. We never heard from Google or Apple. We only heard from one group of people. We didn't hear from the Department of Health, although they've got their problems too, I've got to say. And we didn't hear from other people who have developed this app. And I think we all know that there are several others who are waiting in the wings to move in and try to help Hawaii in this regard. So, the overarching principle here is that we need—if the Mayor's office indeed said that they're not interested in this at this time, then they're wrong. But I haven't heard that from them either. So, this is all one-sided representations. But if they did say it, they're wrong. We have to explore it. And as Mr. Kaneali`i-Kleinfelder said, this is just one very important tool. The other important tool that I see, among others but probably the most important tool, will be the rapid-result testing. And if we can get those online—and I could be wrong because I'm only hearing this secondhand—we're going to have a bunch of these testing equipment coming in from Abbott Labs very soon. As to who administers it, I really don't know. Hopefully, there's some coordination between the counties and the State. But those are the two vital elements that have to be put into place, not only to open up our island and our State, but to really keep our residents safe. So, I'm in support of the concept on this. I just don't like the one-sidedness of this. It just makes me uneasy. I'm going to share an example of this, and most of you weren't around when this happened. And I was only there right at the beginning of it and then I left the Council my first time around. This had to do with waste to energy. Just bear with me; I'm going to explain this thing. When waste to energy was being pitched or at least being considered by the County of Hawaii many years ago,people started coming out of the woodworks with all these different products that would address the waste-to-energy situation on this island. And almost all of them said there Page 26 Hawaii County Council-51 September 16,2020 would be no cost to the County. Well, I think as we soon learned, that was not true. And I think I'm not saying that this Perseus is like these other people who came out of the woodworks. I just don't know. I really do not know. But I do know that these types of situations present an opportunity for people to come out of the woodworks. So, it behooves each and every one of us as decision makers to critically look at these different apps and those who are pitching it. Ms. Villegas said that these people were subject to grilling. They should be subject to grilling. Everyone who comes up. When we're talking about public safety, it's so very important that we take our responsibilities seriously here. Okay? And if those people were put off by the grilling, well, then I really cannot apologize because that's our job. So, having said that, I am going to support it because, in concept, I agree with it. I just think that we're being a little too specific on this and it worries me. And that's all. Thank you. ACTING CHR. EOFF: Okay, any further comments? MR. RICHARDS: Chair? Richards again. I'll let other people go first, but I do have another comment. ACTING CHR. EOFF: Okay. I think Mr. Kaneali`i-Kleinfelder may wrap it up, but I don't have any other comments on this side. So, you want to go ahead, Mr. Richards? MR. RICHARDS: Yeah. Okay, thank you, Chair. Chair Chung is so succinct in his explanations. Please don't let anyone construe my nonsupport of the technology going forward. In order to get our arms around the COVID-19 pandemic and what we're going to do going forward, we're going to—it's going to be a multifaceted approach. Social distancing, mask wearing, that's one aspect. And hygiene, that's in one category. We have the trace-back study. That's another category. Going forward, we're going to have to talk about vaccinations. That's going to be another aspect. All of these are not mutually exclusive of the other, and no one aspect is going to support it all. I completely support the technology and approaching it from a technological standpoint. My concern is, as Chair Chung has highlighted, we are endorsing something that has no track record, and that's where my hang-up is. It's not that I don't support the concept. I think the concept is phenomenal. My concern is it's unproven and then, secondly, that if—and I posed this question during our Committee on this. I said, "What is your market saturation expectation?" And they said, "Well, it really doesn't matter." Oh, it matters a lot. Because if the perception is you can, as I understand it, view what's going on with the data in Page 27 Hawaii County Council-51 September 16,2020 this app without actually signing up to do it and it's voluntary reporting, whether or not you claim that you have the infection. So, my concern is that it will give a false sense of security. And as Chair Chung has pointed out, when it comes to public safety, we have to be very cognizant of what it is. Technology, I like. If we had a track record, I'd love it even better. I look at the data and there are no data points on this, and that's my concern. I could definitely support this if it wasn't naming anything. And I definitely support the concept. I definitely support the direction. My concern, though, is I don't want to give a misleading representation. And so because of that, I like the idea. I don't like the way this is worded. So, that's my hang-up and that's why I can't support this specifically. With that, Chair, I yield. ACTING CHR. EOFF: Thank you. MS. KIERKIEWICZ: Chair, I have a couple of comments, if I may. ACTING CHR. EOFF: Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you. And I appreciate Mr. Kaneali`i-Kleinfelder taking into consideration the dialogue that happened in Committee and making changes to the resolution. Now, I'll be supporting it with reservations. I didn't think this was necessary, to be really honest. When the developers of NOVID had approached my office, all it took was an email, a phone call, and a couple of text messages to Roy to get it to the top of his list and for us to kind of make that connection. I think at the end of the day what we really need is a statewide application. If all the different counties have different apps, I think that's going to be counterproductive to stopping the spread of the virus. So, really, we've got to be diligent in supporting and urging the Department of Health to get their stuff together. Because, we need an app that we can all get behind so that we can really track this virus and really avoid any type of duplicative and counteractive efforts. I haven't spoken to Google or Apple. I don't know if Mr. Kaneali`i-Kleinfelder has, but I just wonder if they are not releasing apps because they are aware of what DOH is doing and they just want to make sure that they are kind of respecting the authority in the market and ensuring that there is an app that everyone can get behind. So, I appreciate the effort and the conversation. So, thanks. I yield. ACTING CHR. EOFF: Okay, thank you. Any further comments? Mr. Kaneali`i-Kleinfelder, you want to wrap it up? MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Page 28 Hawaii County Council-51 September 16,2020 MR. CHUNG: Wait. Sorry. Before he wraps up ACTING CHR. EOFF: Oh, okay. MR. KANEALI`I-KLEINFELDER: Sorry, I have the floor, Chair. MR. CHUNG: Well, I wanted you to be the one to close, so that's why I figured I'd say something right now. MR. KANEALI`I-KLEINFELDER: Okay, I'll yield to you, sir. MR. CHUNG: Okay. Yeah and I just wanted to say one more thing. When I looked at these two resolutions, I actually preferred Ms. Lee Loy's because it provides more openness to different applications. But the reason why I'm supporting this particular resolution is that, as much as possible, I wanted it to still be Matt's resolution. He was the introducer of this. He came up with the amendment. And I think,just as a matter of professional courtesy, I would prefer to have it just continue as being his. Although, I have to say I still have some reservations. But having said that, I support this bill. ACTING CHR. EOFF: Okay, thank you for that. Go ahead, Matt. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Thank you, Chair Chung, for those decently kind words. I appreciate that. Just as a side note, Maui County passed a similar resolution with Sustain Hawaii; I think it was last week. And I think we're all on the same page. DOH has struggled so far and, to date, again, there had been no mobile applications presented to any County or to our residents beyond what I've seen from Sustain Hawaii or from people like NOVID. The reasoning behind changing the wording in the document was to allow any other app that offers similar services to come in because, right now, we are stuck in what Tim likes to call "analysis paralysis." And this is a longer process than I would like. I can agree with almost everyone. I think this should have been done months ago. I mean, I would say August I Oh, we should have gotten a return from anybody regarding releasing this app to our citizens. And if we had, I think we could have made a big difference in what we're seeing right now. So, going forward, I really hope for everyone's ability to understand that this is, again like Chair Chung had said, one measure of many that will help keep our citizens safe, and we as leaders for our community and in our County are having to step up to the plate because others cannot. And that is what I saw as a gap. And if our Council needs to be that voice to protect our own community, then we will do so and that is our responsibility. Page 29 Hawaii County Council-51 September 16,2020 With that said, I appreciate the discussion. I think this has been very good. I think people can really start to see that this Council is doing what they can to help overcome COVID, which has destroyed our economy and our way of being and closed our parks and just affected so many different aspects of our life. And with the impending reopening date in front of us, we have to have these measures in place, and we have to have time to understand how to use these tools to our advantage. So, I ask for your support. I also ask the Mayor's office to pay very clear attention to what's going on with this Council and that, when these ideas are brought forward, we do so with the best of intentions for the people of this island. So with that, I yield. Mahalo for your time, everyone. ACTING CHR. EOFF: Okay, thank you. And I think we're just about ready to go for the vote. I'd just like to thank everybody for a good discussion and for the collaborative approach to getting something accomplished here that pretty much meets everybody's concerns and sends a strong message. So, mahalo, all of you, and I'll go ahead and ask for the vote. All in favor, please say "aye." Vote on Res. 716-20: The motion to adopt Res. 716-20, as amended to Draft 2, Draft 2 and Public Safety Committee Report No. 15 was carried by (Adopted) the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—8. Noes: Council Member Richards — 1. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Okay, I think I can get through the rest of the agenda, starting from Resolution 718. Res. 718-20: 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 KONA TASK FORCE ON FEEDING THE HUNGRY TO DISTRIBUTE FRESH PRODUCE IN KONA TO THOSE IN NEED DURING THE COVID-19 PANDEMIC Transfers $7,500 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1052 Intr. by: Ms. Eoff Page 30 Hawaii County Council-51 September 16,2020 Motion to Approve: Ms. Villegas moved to adopt Res. 718-20. Seconded by Ms. David. ACTING CHR. EOFF: I just ask for your support. We are doing all we can in all of our communities to help feed people who are struggling right now. So, mahalo in advance. All in favor, please say "aye." Vote on Res. 718-20: The motion to adopt Res. 718-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Motion carries. Res. 719-20: 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 KONA TASK FORCE ON FEEDING THE HUNGRY TO PROVIDE FRESH PRODUCE IN KONA TO THOSE IN NEED DURING THE COVID-19 PANDEMIC Transfers $7,500 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1053 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 719-20. Seconded by Ms. Poindexter. ACTING CHR. EOFF: Would you like to comment? MS. VILLEGAS: Yeah. I just really want to thank this organization for the work they're doing in our community. I'm really grateful for the opportunity to contribute contingency funds in alignment with Ms. Eoff as this organization is feeding at two different locations: one located in District 7 and one located in District 8. So, thank you again to this group for their hands-on, really connected and organized approach to serve so many people in our community in this time of dire need. Mahalo. ACTING CHR. EOFF: Okay. All in favor,please say "aye." Page 31 Hawaii County Council-51 September 16,2020 Vote on Res. 719-20: The motion to adopt Res. 719-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. Res. 720-20: 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 HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR THE PURCHASE OF CITRIC ACID TO CONTROL COQUI FROGS IN COUNCIL DISTRICT 8 Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 1054 Intr. by: Ms. Eoff Motion to Approve: Ms. Villegas moved to adopt Res. 720-20. Seconded by Ms. David. ACTING CHR. EOFF: I'll just quickly comment that this isn't COVID related, but people are still begging to help keep coqui frogs under control here. So, glad to put my resources towards that, along with several other Council Members doing the same. So, thank you. All in favor,please say "aye." Vote on Res. 720-20: The motion to adopt Res. 720-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Motion carries. MR. HENRICKS: Madam Chair, I was just made aware that Mr. Brilhante is available on the WebEx now. And I believe he was being made available for Resolution 731-20. If you'd like to take that out of order, it might be useful for the Council. Page 32 Hawaii County Council-51 September 16,2020 ACTING CHR. EOFF: Sure. Let's do that. Change Order As directed by the Acting Chair and with no objection from the Council of Business: Members, the following item was taken out of order: Res. 731-20: AUTHORIZES THE CONTINUED EMPLOYMENT OF LEONG KUNIHIRO BENTON & BROOKE AS SPECIAL COUNSEL TO REPRESENT THE COUNTY OF HAWAII, DEPARTMENT OF HUMAN RESOURCES, HEALTH & SAFETY DIVISION, WORKERS' COMPENSATION BRANCH Authorizes the continued retention of Leong Kunihiro Benton & Brooke at an amount not to exceed the total sum of$550,000. Reference: Comm. 1072 Intr. by: Ms. David (B/R) Waived: FC Note: Requires 2/3 vote of the entire membership, pursuant to Section 6-5.5, Hawaii County Charter Motion to Approve: Ms. David moved to adopt Res. 731-20. Seconded by Ms. Villegas. ACTING CHR. EOFF: Ms. David. MS. DAVID: Yes and thank you. I believe—Director Brilhante, welcome. Thank you very much. This was waived from Committee. So, could you please give us a brief description of this arrangement with Leong Kunihiro Benton & Brooke? (Note: At this time, Human Resources Director William Brilhante came forward to address the members of the Council, via videoconferencing.) MR. BRILHANTE: Hi, good morning. MS. DAVID: Hi. MR. BRILHANTE: Bill Brilhante, Director for Department of Human Resources. This is generally with the help of Corporation Counsel_ Kunihiro and associates provides the County or provides our work division with continual legal services as it relates to our work comp (compensation) claims, whether it be work comp hearings or settlement discussions or anything to that effect related to our current work comp cases. I think back in 2015, that was the last submission we had for expenses to cover the legal fees for Kunihiro, and we requested, at that time, $300,000. And then in 2020, we did an additional request for 50,000. So here going forward, we were Page 33 Hawaii County Council-51 September 16,2020 requesting the $200,000. And basically, that is just to cover the legal fees for Kunihiro and associates to provide legal services for our work comp division, and it's specific to the work comp cases. In that regards, I'd be happy to answer any questions anybody may have regarding this request. ACTING CHR. EOFF: Thank you. Ms. David. MS. DAVID: Thank you, Director Brilhante. And so, it's the amount not to exceed 550,000. You're actually asking 200,000 for this, to cover the cost of retaining these attorneys. MR. BRILHANTE: Correct. MS. DAVID: I see. Okay. Do you know how many workers comp claims do we have? A wild guess. I mean, a wild estimate. MR. BRILHANTE: I don't have that specific number on me right now. I know it was in the mid-400, 450ish, and then we slowly addressed. We've been looking at more actively pursuing settling and closing these work comp cases because, as I may have mentioned in previous Council meetings, the longer we keep these cases on record, the longer we carry them, the more expenses we incur, whether it be receiving treatment plans from doctors or, you know, as it relates to these cases. So, we've been much more actively and I hate to use the word "vigorously,"but we've been spending a lot more attention. Our current work comp staff, Summer, of Tokihiro, and her staff has been really putting a lot of emphasis on addressing these cases, addressing the needs of the employees, providing them whatever care or treatment they need. And assessing the situation and just paying closer attention to it, these cases, so that we can reduce the expenses associated with the cases. And if it means closing the case quicker, then so be it; that's how it is. Or we've instituted a return to work, a light-duty program. And we've just been much more actively resolving these cases. So with that, I think we've reduced the case numbers down to maybe, I think it's around 380 current cases that we're carrying right now. And we're steadily each month we're looking to close more and more of these cases going forward. MS. DAVID: Well, thank you very much because that's very enlightening. And I think what you said is very true: if we can cut back or resolve a lot of these cases before they drag on for years or months and years. I applaud you guys for doing that and thank you for being here today. Chair, I yield. ACTING CHR. EOFF: Okay, thank you. Any other questions, Council Members, for Mr. Brilhante? Page 34 Hawaii County Council-51 September 16,2020 MR. RICHARDS: Yeah, Chair. Richards. ACTING CHR. EOFF: Go ahead, Mr. Richards. MR. RICHARDS: Yeah, thank you. Thanks, Bill. Bill, rough numbers—and again, it comes back to the numbers. We're spending about$75,000 a year if we amortize the total expenditures so far. That 200,000—first of all, is this fee for service or is it a retainer? And do we expect this to be going down over time? And is this a good bang for the buck? MR. BRILHANTE: Mr. Richards, that's a very good question. It is a fee for service. Leong and Kunihiro, they bill us on an as-work-performed basis, and they're pretty reasonable. And you hit the nail right on the head. It's approximately about$75,000 a year. But you know what I look at is, okay, are we really getting the best bang for the buck? I look at what's the alternative. The alternative would be to possibly bring this to in-house. Hire somebody with Corporation Counsel, a new attorney, because for the most part it's such a specialized and unique area that the attorney would have to come in with a special skillset in order to be able to be successful in these work comp cases. It's such a niche area of the law. And so for 75,000 a year, we're getting a bargain. That's the total expenditure. We're not paying a salary. We're not paying fringe benefits. We're not doing anything of the like. And what avails us to be able to take advantage of this situation is that Corporation Counsel is not a civil service position. They're appointed. So, we don't have to get involved with all that type of civil service laws or regulations. So, it gives us a lot of flexibility. And we're fortunate that we partnered with Kunihiro because they've been very responsive, their understanding. Their bills are really streamlined. I think we're really getting a good bang for the buck with them. And that relationship, they've been successful for us. They represent us well. And I think this is a good use of County monies. And I think as long as we do our part, we continue with the active and aggressive closing of cases and just our hands-on case management being better attuned to what's going on and better responses, I think as we see over time, the goal is to reduce the annual expenditures for work comp. We can't reduce the amount of injuries. Injuries are going to happen. We're going to get police officers, unfortunately, who get injured in the line of duty or firefighters. We can't stop that, but what we can do is just be better managers once the injury happens. And that's where we'll see the real reduction in cost and the savings to the County, and that's our goal. MR. RICHARDS: Okay, thanks, Bill. I really appreciate that. Chair, I yield. That answered all the questions very well. Page 35 Hawaii County Council-51 September 16,2020 ACTING CHR. EOFF: Okay, thank you. Any further questions? MS. LEE LOY: Chair? ACTING CHR. EOFF: Ms. Lee Loy. MS. LEE LOY: Mr. Kamelamela is here and has some background information to share with the Council. ACTING CHR. EOFF: Okay. Go ahead, Mr. Kamelamela. (Note: At this time, Corporation Counsel Joseph Kamelamela came forward to address the members of the Council.) MR. KAMELAMELA: Good morning. Joseph Kamelamela, Corp. (Corporation) Counsel. I just wanted to provide some background information since I've been with the Corp. Counsel for over 31 years now. But at one point in time, we had Dudley Akama decades ago doing this that actually specialized in it. And then he left. And so, the office had to manage the work comp by having different attorneys do it. Prior to November 3rd, 2015, the Corp. Counsel had a really good attorney. Her name was Nora Pinnow. And she did a great job, that we actually had one position at the Corp. Counsel for her, but she passed away. And so, what the office had decided to do in order to be a little bit more mindful of monies and all of that, a decision was made back in 2015, the opportunity to get special counsel. And so, the office at that time went through the process of actually doing the procurement code process to get somebody that we believe could do a good job. So, that's the reason why we're here. So, what happened back in 2015 is that one of our positions went unfunded in order to help this process move forward. And as a result of the decision that was made back then, actually it substantially reduced the caseload to what it is now. So, we still have an unfunded position. And so, this is a way to help the County better manage the workers' comp claims. Thank you. ACTING CHR. EOFF: Thank you. Any questions? Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: I just have a process question. Usually for this kind of thing, we see an RFP (Request for Proposals) versus an extension of contract by resolution. I don't know if I'm misunderstanding, but can you clarify that for me, Joe? MR. KAMELAMELA: Yeah, so, as I stated that under the laws, there's a process that we go through under the procurement code where we're dealing with Page 36 Hawaii County Council-51 September 16,2020 professionals. And so, there's a list that the office went through back then, and I think there were at least three law firms involved. And there was a committee that actually sat down and had been rated and then this particular law firm was the one that got selected. MR. KANEALI`I-KLEINFELDER: So, there was a form of procurement followed then? MR. KAMELAMELA: Yes. MR. KANEALI`I-KLEINFELDER: Okay, thank you, Joe. I appreciate that. MR. KAMELAMELA: You're welcome. ACTING CHR. EOFF: Thank you. Any other questions? Seeing none, then, all in favor please say "aye." Vote on Res. 731-20: The motion to adopt Res. 731-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. MR. KAMELAMELA: Thank you very much. ACTING CHR. EOFF: Congratulations. 731 is approved. Okay, let's go back up to Resolution 721-20. Return to Order The Acting Chair directed the Council to return to the order of business. of Business: Page 37 Hawaii County Council-51 September 16,2020 Res. 721-20: 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 HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR THE PURCHASE OF CITRIC ACID TO CONTROL COQUI FROGS IN COUNCIL DISTRICT 7 Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 1055 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 721-20. Seconded by Ms. Poindexter. ACTING CHR. EOFF: Comments? Ms. Villegas. MS. VILLEGAS: I just want to thank everyone for their continued support. I also just want to this is just a reminder to ask about the devastation caused by invasive species and the need for eradication and keeping them at bay, as it's also been proven that coqui frogs are a carrier for rat-lung disease. So, this is a vital spend, I believe, even in the time of COVID. So, thanks for your support. ACTING CHR. EOFF: Thank you. All in favor,please say "aye." Vote on Res. 721-20: The motion to adopt Res. 721-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Resolution 721 is adopted. Page 38 Hawaii County Council-51 September 16,2020 Res. 726-20: 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 HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL TO PURCHASE CITRIC ACID TO HELP CONTROL COQUI FROGS IN COUNCIL DISTRICT 2 Transfers $1,540 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 1066 Intr. by: Mr. Chung Vote on Res. 726-20: Mr. Chung moved to adopt Res. 726-20. Seconded by (Adopted) Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Res. 727-20: 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 HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR THE PURCHASE OF CITRIC ACID TO CONTROL THE COQUI FROG INFESTATION IN COUNCIL DISTRICT 6 Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 1067 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 727-20. Seconded by Ms. Villegas. ACTING CHR. EOFF: Any comments? MS. DAVID: Just want to ask for your support of this important purchase for citric acid. Page 39 Hawaii County Council-51 September 16,2020 ACTING CHR. EOFF: All in favor, say "aye." Vote on Res. 727-20: The motion to adopt Res. 727-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Res. 729-20: 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 EXPLORATION FOUNDATION TO PURCHASE CHROMEBOOKS FOR STUDENTS AT THE WEST HAWAII EXPLORATIONS ACADEMY Transfers $3,500 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1070 Intr. by: Ms. Eoff Motion to Approve: Ms. Villegas moved to adopt Res. 729-20. Seconded by Ms. David. ACTING CHR. EOFF: This is my contingency. The teachers from West Hawaii Explorations Academy reached out to us. They had some CARES (Coronavirus Aid, Relief, and Economic Security) Act money from the State, and they purchased these Chromebooks for their students but was short funds and short Chromebooks. So, thankfully Ms. Villegas and I were able to put together some money so that they can purchase enough for the rest of the students to be able to participate distance learning from their homes. And I ask for your support. All in favor,please say "aye." Page 40 Hawaii County Council-51 September 16,2020 Vote on Res. 729-20: The motion to adopt Res. 729-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Res. 730-20: 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 EXPLORATION FOUNDATION TO PURCHASE CHROMEBOOKS FOR STUDENTS AT THE WEST HAWAII EXPLORATIONS ACADEMY Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1071 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 730-20. Seconded by Ms. David. ACTING CHR. EOFF: Do you want to add to that? MS. VILLEGAS: I just want to ask for your support. Grateful and excited to be able to participate in a project to provide resources like this to perpetuate the distance learning that's necessary for this school. I also really want to thank the teachers at West Hawaii Explorations Academy and for their creativity and their courage in reaching out and requesting support to provide the necessary resources for their students. I yield. ACTING CHR. EOFF: Thank you. All in favor,please say "aye." Page 41 Hawaii County Council-51 September 16,2020 Vote on Res. 730-20: The motion to adopt Res. 730-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. That takes care of all the resolutions. We've already taken care of the two bills for first reading, and we need to go to Bill 187. BILLS FOR The Acting Chair directed the Council to proceed to the next order of business, ORDINANCES Bills for Ordinances (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order.) ORDER OF The Acting Chair directed the Council to proceed to the next order of business, THE DAY Order of the Day (Second or Final Reading). (SECOND OR FINAL READING): (Note: Items in this category were taken up previously, out of order.) 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 First Reading: September 2, 2020 Page 42 Hawaii County Council-51 September 16,2020 Vote on Bill 187: Mr. Chung moved to pass Bill 187 on second and final (Adopted) reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Okay, we have one item left on our agenda, I believe, that is a referral for Executive Session, if need be. REPORTS: The Acting Chair directed the Council to proceed to the next order of business, Reports. (There were none.) REFERRALS FOR The Acting Chair directed the Council to proceed to the next order of business, EXECUTIVE Referrals for Executive Session. SESSION: Res. 722-20: AUTHORIZES THE EMPLOYMENT OF SPECIAL COUNSEL TO REPRESENT THE COUNTY OF HAWAII, BOARD OF ETHICS IN PETITION NO. 2020-05 Finds that a conflict of interest would exist for the Corporation Counsel to advise the Board of Ethics and provides for the retention of legal services by the County of Maui Office of the Corporation Counsel, with total costs not to exceed $1,000. Reference: Comm. 1056 Intr. by: Ms. David (B/R) Waived: FC Note: Requires 2/3 vote of the entire membership, pursuant to Section 6-5.5, Hawaii County Charter Motion to Approve: Ms. David moved to adopt Res. 722-20. Seconded by Ms. Villegas. ACTING CHR. EOFF: Ms. David, do you want to call on Mr. Kamelamela? MS. DAVID: Yes, please. Mr. Kamelamela? I'm not sure if we need to entertain Executive Session, but you can kind of explain this, if you would, please. Page 43 Hawaii County Council-51 September 16,2020 (Note: At this time, Corporation Counsel Joseph Kamelamela came forward to address the members of the Council.) MR. KAMELAMELA: Good morning again. Joseph Kamelamela, Corp. Counsel. I don't think we need to go into Executive Session because this is something that's been brought up many times. We have a wonderful relationship with Maui County. And this has to be dealing with an issue that people had to raise when they conflicted with our office with the Board of Ethics. MS. DAVID: I see. And so, it's not to exceed a thousand dollars. So, that's pretty standard for this one. MR. KAMELAMELA: Yes, it is. MS. DAVID: All right. Then I yield. I don't see ACTING CHR. EOFF: Okay, Council Members, we have a motion on the floor to approve Resolution 722-20. Are there any further comments or questions? Okay, then, hearing none, we'll go ahead and take a vote. All in favor,please say Ic aye. Vote on Res. 722-20: The motion to adopt Res. 722-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. ACTING CHR. EOFF: Motion carries. MR. KAMELAMELA: Thank you. ACTING CHR. EOFF: Council Members, that was a great meeting. May I have a motion to adjourn? Wait, excuse me. I have to back up a little bit. Mr. Kaneali`i-Kleinfelder. Return to MR. KANEALI`I-KLEINFELDER: Can I make a motion to waive the five-day Res. 716-20: holdover on Resolution 716-20 before we adjourn? ACTING CHR. EOFF: Before we adjourn? Is that okay, Mr. Clerk, we go back to do that? MR. HENRICKS: Yes, that's fine. Page 44 Hawaii County Council-51 September 16,2020 ACTING CHR. EOFF: Okay. Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to suspend Council Suspend Council Rule 15 to waive the 5-day hold for reconsideration. Rules: Seconded by Ms. Poindexter and carried by the following (Approved) voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. MR. KANEALI`I-KLEINFELDER: Mahalo. Thank you. OTHER The Acting Chair directed the Council to proceed to the next order of business, BUSINESS: Other Business. (There were none.) ANNOUNCE- The Acting Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) ACTING CHR. EOFF: Okay. Now, may I have a motion to adjourn? ADJOURN- There being no further business, at 10:41 a.m., Ms. David moved to adjourn the MENT: meeting. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. Page 45 Hawai`i County Council-51 September 16,2020 ACTING CHR. EOFF: Motion carries and this meeting's adjourned. Thank you so much, everybody. OCT 7 2020 Council Approval: (--- COUNTY CLERK JH/dg Page 46