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HomeMy WebLinkAboutMIN COUNCIL 2020-10-07 2018-2020 Hawaii County Council 52nd Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii October 7, 2020 INVOCATION: Pastor Dion K. Maeda of Connect Point Church gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:01 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. Kaneali`i-Kleinfelder, Member (via videoconference from Kona) Ms. Ashley L. Kierkiewicz, Member Ms. Susan L. K. Lee Loy, Member Ms. Valerie T. Poindexter, Member (via videoconference from Kona) Mr. Herbert M. "Tim" Richards, III, Member(came in later) Ms. Rebecca Villegas, Member (via videoconference from Kona) (came in later) 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, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Hawaii County Council-52 October 7,2020 Sandra Demoruelle: Res. 741-20 (Comm. 1091), in opposition. (See Comm. 1091.1) Jerome Warren: Res. 741-20 (Comm. 1091), in opposition. Matt Purvis: Res. 743-20 (Comm. 1093), in support. (See Comm. 1093.18) (Note: Due to technical difficulties, Ms. Nidhi Chabora was not able to provide testimony at this time.) CHR. CHUNG: If Ms. Chabora does come online, then we will afford her that opportunity to testify on the matter. Hopefully, we don't pass her matter, that's the only thing. So, hopefully, we'll get her at some point. Okay, let's see. Can we have the approval of minutes? Do you want us to go one by one, Mr. Clerk? MR. HENRICKS: If you don't mind. CHR. CHUNG: Okay. APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Vote on Approval Ms. Lee Loy moved to approve the Minutes of July 22, of Minutes: 2020. Seconded by Ms. Kierkiewicz and carried by the (Approved) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. CHR. CHUNG: Motion is carried. Page 2 Hawaii County Council-52 October 7,2020 Vote on Approval Ms. Lee Loy moved to approve the Minutes of of Minutes: September 2, 2020. Seconded by Ms. Kierkiewicz and (Approved) carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. CHR. CHUNG: Motion carried. Vote on Approval Ms. Lee Loy moved to approve the Minutes of of Minutes: September 16, 2020. Seconded by Ms. Kierkiewicz and (Approved) carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. Comm. 1081: APPOINTMENT OF WALTER LUCAS AND CAROL ANN MARUMOTO TO THE PENSION BOARD From Mayor Harry Kim, dated September 18, 2020, submitting for the Council's review and confirmation. Waived: FC Requires Council Confirmation by: November 1, 2020 (Section 134(1), Hawaii County Charter) CHR. CHUNG: Should we do these separately or together? MR. HENRICKS: Yes, one at a time,please. CHR. CHUNG: Okay, go ahead. Motion to Approve: Ms. Lee Loy moved to confirm the appointment of Mr. Walter Lucas to the Pension Board. Seconded by Ms. Kierkiewicz. Page 3 Hawaii County Council-52 October 7,2020 (Note: At this time, Deputy Managing Director Barbara Kossow came forward to address the members of the Council, via videoconferencing from Kona, and introduced Mr. Walter Lucas, who came forward to address the members of the Council.) Vote on The motion to confirm the appointment of Mr. Walter Walter Lucas: Lucas to the Pension Board was carried by the following (Approved) voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. Motion to Approve: Ms. Lee Loy moved to confirm the appointment of Ms. Carol Ann Marumoto to the Pension Board. Seconded by Ms. Kierkiewicz. (Note: Ms. Kossow introduced Ms. Carol Ann Marumoto, who came forward to address the members of the Council.) (Note: Council Members Kierkiewicz, Lee Loy, and Chair Chung, as well as Mr. Henricks, thanked Mr. Lucas and Ms. Marumoto and made comments in support of their appointments to the Pension Board.) Vote on Carol Ann The motion to confirm the appointment of Ms. Carol Ann Marumoto: Marumoto to the Pension Board was carried by the (Approved) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. CHR. CHUNG: Motion carried. I understand that Ms. Chabora is now on the phone, so can we go back to public testimony and accommodate her? We really do apologize for any technical difficulties that occurred. Page 4 Hawaii County Council-52 October 7,2020 RETURN TO The Chair directed the Council to return to Statements from the Public. STATEMENTS FROM THE (The Chair called Nidhi Chabora who registered to speak in support of PUBLIC: Res. 743-20 (Comm. 1093) and came forward when called.) CHR. CHUNG: Thank you, Nidhi, and thank you for your patience. Okay, do we have any more public testimony? MS. AIELLO: Thank you, Chair. No, there's no more. CHR. CHUNG: Okay, so, we're going to close public testimony. Mr. Clerk, "Order of Resolutions." ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 723-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Allows for the receipt of$978,184 of Federally-derived funds to be used by the Office of Housing and Community Development to prevent,prepare for, and respond to the COVID-19 pandemic. Reference: Comm. 1061 Intr. by: Ms. David (B/R) Approve: FC-135 Motion to Approve: Ms. David moved to adopt Res. 723-20 and Finance Committee Report No. 135. Seconded by Ms. Kierkiewicz. MS. DAVID: Thank you, Chair. This was already approved out of Finance, and I just ask for your continued support. CHR. CHUNG: All right, anyone else? There being no further discussion, all those in favor say "aye." Vote on Res. 723-20: The motion to adopt Res. 723-20 and Finance Committee (Adopted) Report No. 135 was carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. Page 5 Hawaii County Council-52 October 7,2020 CHR. CHUNG: Motion carried. Res. 724-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAII'S HAWAII NATURAL ENERGY INSTITUTE FOR THE ACCEPTANCE OF A DONATION OF A HYDROGEN BUS Accepts a 2014 Eldorado 29-passenger Aero Elite bus with an approximate value of$500,000 to add to the Mass Transit Agency's transportation fleet. Reference: Comm. 1062 Intr. by: Ms. David (B/R) Approve: FC-136 Motion to Approve: Ms. David moved to adopt Res. 724-20 and Finance Committee Report No. 136. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. CHUNG: Any discussion? MR. KANEALII-KLEINFELDER: I'd just like to say please support this. This is an amazing opportunity for our County and a great step towards the future of our island. CHR. CHUNG: Anyone else? There being none, all those in favor say "aye." Vote on Res. 724-20: The motion to adopt Res. 724-20 and Finance Committee (Adopted) Report No. 136 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 6 Hawaii County Council-52 October 7,2020 Res. 725-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAII'S HAWAII NATURAL ENERGY INSTITUTE FOR THE MASS TRANSIT AGENCY HYDROGEN BUS PROJECT Establishes a two-year agreement to operate and maintain three zero-emission buses in Kailua-Kona. Reference: Comm. 1063 Intr. by: Ms. David (B/R) Approve: FC-137 Vote on Res. 725-20: Ms. David moved to adopt Res. 725-20 and Finance (Adopted) Committee Report No. 137. Seconded by Mr. Kaneali`i-Kleinfelder 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. 740-20: AUTHORIZES THE ACCEPTANCE OF A DONATION OF APPROXIMATELY ONE MILLION SINGLE-USE MEDICAL MASKS FROM THE UNIVERSITY OF CALIFORNIA AT SAN FRANCISCO TO THE CIVIL DEFENSE AGENCY The masks, with an estimated value of approximately $1.9 million, would be distributed to the public at COVID-19 testing sites and other venues. Reference: Comm. 1090 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 740-20. Seconded by Ms. Lee Loy. CHR. CHUNG: Any discussion? MS. DAVID: Yes, Chair? CHR. CHUNG: Yeah, go ahead, Maile. I bet you know about this. Page 7 Hawaii County Council-52 October 7,2020 MS. DAVID: Yes, I just—thank you. I just wanted to express our sincere mahalo to the University of California. I'm reading that this was waived out of Finance because of the urgency, and I just wanted to note that the document shows that these masks have a value of 1.89 each of about$1.8 million. So, we really thank the University of California for this much-needed donation. Thank you. CHR. CHUNG: Does anybody know anything more about this thing? This is a sizable donation, I mean, and I'm just wondering if they're providing all the counties throughout the MR. HENRICKS: Chair, do you want to lay this on the table, maybe, till we can get somebody to come down and talk about this? CHR. CHUNG: Yeah, I mean, it's not real necessary but I'm just kind of curious because this is significant, actually. Maybe we can have the Finance Department come down on this. Vote on Motion to Ms. David moved to table Res. 740-20. Seconded by Table: Ms. Lee Loy and carried by the following voice vote: (Approved) Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung–9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 741-20: AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN OF A PORTION OF TAX MAP KEY: 9-6-002:018, SITUATED AT PUNALU`U-PA`AU`AU, DISTRICT OF KAT, COUNTY AND STATE OF HAWAII, FOR THE PAHALA WASTEWATER TREATMENT PLANT A portion of the approximately 14.9-acre property is desired by the County for temporary easements for construction and operations, and for storage and disposal areas. Reference: Comm. 1091 Intr. by: Ms. David (B/R) Waived: FC Note: First of two required readings, Section 101-13, Hawaii Revised Statutes Page 8 Hawaii County Council-52 October 7,2020 Motion to Approve: Ms. David moved to adopt Res. 741-20. Seconded by Ms. Poindexter. (Note: At this time, Wastewater Deputy Chief Eric Takamura, Department of Environmental Management, came forward to address the members of the Council, via videoconferencing.) CHR. CHUNG: I think we have a person from DEM (Department of Environmental Management), Eric Takamura, who is participating virtually. I'm not too sure, though. Can we get confirmation? MR. HENRICKS: Mr. Takamura, can you please unmute your mic and then say a few words so we know that you're connected? MR. TAKAMURA: Hi. I'm here. CHR. CHUNG: Okay. Thank you. So, Ms. David, you want to ? MS. DAVID: Yes, thank you, Chair. Mr. Takamura, thank you for being available for this discussion. Could you please explain to the Council the acquisition process regarding the Pahala Wastewater Treatment Plant? MR. TAKAMURA: The process? MS. DAVID: Well, exactly what we're actually trying to accomplish with this and who are the parties and what was the County's position for this eminent domain. If Corp. (Corporation) Counsel's there, then maybe they would be able to give us more information or CHR. CHUNG: They're not— MR. otMR. TAKAMURA: (Inaudible.) MS. DAVID: Okay. Well, Mr. Takamura, could you just give us a brief explanation of what you do have information on? MR. TAKAMURA: Well, we were in the planning of this LCC (large capacity cesspool) conversion process. To site a wastewater treatment plant, we need to acquire some land out in the Pahala area. This property was chosen as the site where we're going to put the wastewater treatment plant. It's approximately 15 acres just under 15 acres. So, they're going to have the treatment plant and our effluent disposal tree grove. So, we're trying to acquire this property from Kamehameha Schools Bishop Estate. Page 9 Hawaii County Council-52 October 7,2020 We had some EPA (Environmental Protection Agency)—what was that, AOC AOC is what—Administrative Order of Consent deadline to acquire this property by. MS. DAVID: What is that deadline, sir? MR. TAKAMURA: November 8, 2020. So, we're going to miss this deadline. So, we're drafting up a letter to EPA saying we're going to miss this deadline because the acquisition is taking longer than expected. But the overall timeline of the closure of the LCC is still on schedule. MS. DAVID: I see. So, you won't know exactly at this point in time whether that extension is going to be granted, right? MR. TAKAMURA: No. MS. DAVID: I see. November 8h, okay. Well, I'm glad you folks are requesting the extension because that is a very narrow timeframe. Anything else you want to add on this, on our requirement to get this thing done? How is the acquisition going? What is your sense of the acquisition being successful with Bishop Estate? MR. TAKAMURA: Well, in our last discussion with Bishop Estate, they had questions on our appraisal, the value that we came up with, our appraiser. So, the questionable item is they felt that the macadamia nut trees should have some value above and beyond what our appraisal valued the property as. So, that's the part where there's a disagreement. So, I think down the road when this thing goes through the court process, those things can be ironed out. MS. DAVID: And that, the eminent domain process, is something that was necessitated because there was no agreement between the landowner at this point in time. MR. TAKAMURA: Yeah. MS. DAVID: Okay. All right. For now, I think you've given us an overall picture of the dilemma that we are in as the County. And I'm not sure if we have the department or Corp. Counsel to give us a timeline and exactly what will happen if we don't get that extension from EPA. CHR. CHUNG: Okay, Maile, Joe Kamelamela just came in. So, you want to ask him a few questions? MS. DAVID: Yeah, please, thank you. CHR. CHUNG: Okay. Page 10 Hawaii County Council-52 October 7,2020 (Note: At this time, Corporation Counsel Joe Kamelamela came forward to address the members of the Council.) MR. KAMELAMELA: Good morning. Joseph Kamelamela, Corp. Counsel. CHR. CHUNG: Good morning, Joe. MS. DAVID: Good morning, Mr. Kamelamela. Thank you for being here. This matter was requested to be waived because there is a very definite time sensitivity on this whole process, and Mr. Takamura just explained to us what those deadlines are. On the eminent domain process or proceeding, can you give us a timeline of how long this sort of proceeding will take? MR. KAMELAMELA: Okay, so, procedure-wiseso, right after this hearing if there's an approval, there has to be another hearing because the public notice has to go out. So, the resolutions starts. And then what we'll do, actually, is file the complaint. Hopefully, that's done within the month of the final approval. And then along with it, then we'll file what we call our redeposit money in the court and then we take possession. Because as long as we deposit the money, we take possession and then afterwards there's a trial on the value. So, typically, some of these eminent domain cases would take, like, maybe a year or two. But meanwhile, our office will continue to see if there's a way to resolve it. And typically what happens is, once we find out what their appraisal is, then there will be discussion as to the money. It comes into play. MS. DAVID: At this point in time, Mr. Kamelamela, we do not know what the appraised value on the side of Bishop Estate is, what their MR. KAMELAMELA: Oh, no, we yeah, sorry about that but we have an appraisal. And from what I know of the appraisal, typically there's different methodologies that the appraiser uses to determine what's the fair market value. In this particular appraisal, I know that the appraiser had already taken into account what's the value of the macadamia nut. MS. DAVID: I see. Okay. So then, there's just—where we are right now is just a disagreement regarding that amount of MR. KAMELAMELA: Yeah. And we haven't seen any appraisal coming from Kamehameha Schools that contradict that right now. MS. DAVID: Okay, I'm just trying to figure out what our positions are right now. And so, based on what Mr. Takamura says, if the EPA does not extend the November 8h deadline, what is our position then? MR. KAMELAMELA: So, having this in place would help in getting the extension so that at least they know that the department itself is doing something. Page 11 Hawaii County Council-52 October 7,2020 MS. DAVID: That there is a process of eminent domain that is pretty much dependent upon the extension, right? MR. KAMELAMELA: Right. MS. DAVID: Okay. MR. KAMELAMELA: So, this will assist in getting the extension. MS. DAVID: Okay. Well, Chair thank you, Mr. Kamehameha and Mr. Takamura. Chair, I think I'll yield for now. I think we've gotten they've answered a lot of my questions on the status and where we are with the sewage treatment plant in Pahala. I'll yield now. CHR. CHUNG: Anyone else in Kona? Is there anyone else? Maile, does anyone else want to speak in Kona? MS. DAVID: No, I don't believe so but we can hear some talking in the background. MR. HENRICKS: Mr. Takamura, can you please mute your microphone until such time that you need to speak? Thank you. MS. DAVID: Oh, thank you, Mr. Clerk. And other than that, Chair, I yield. CHR. CHUNG: Okay. Joe, do we need this resolution to be able to strengthen our case for an extension of the Administrative Order of Consent? MR. KAMELAMELA: Yes. CHR. CHUNG: Well, what if we don't get it? MR. KAMELAMELA: Then there's uncertainty. CHR. CHUNG: Okay, I don't know MR. KAMELAMELA: Because then it gets into potentially dealing with fines and all that. CHR. CHUNG: Right becauseI don't know if you should answer this or Mr. Takamura, but what is in this Administrative Order of Consent? Exactly what's in there? What does it say? Page 12 Hawaii County Council-52 October 7,2020 MR. KAMELAMELA: So, usually there's a finding by the Federal agency of a violation. And so, like in this situation, again it's gang cesspools and things like that that they're trying to eliminate. So, this project itself is set up to manage that situation. CHR. CHUNG: I see. And so, when was this Administrative Order of Consent issued? MR. KAMELAMELA: So, actually, thisI don't have the exact dates but— CHR. utCHR. CHUNG: Maybe Mr. Takamura can answer. MR. KAMELAMELA: Yeah. CHR. CHUNG: Mr. Takamura, when was this Administrative Order of Consent issued? MR. TAKAMURA: The best knowledge I have is 2017. CHR. CHUNG: What month, more or less? MR. TAKAMURA: We'd have to go look it up. CHR. CHUNG: Okay, that's all right, but 2017. MR. TAKAMURA: Yeah. In this AOC, it's an administrative order. It's not a consent order. So, they've already told us that if we fall further behind schedule, they're contemplating doing a consent order. Consent orders are through the Department of Justice. CHR. CHUNG: Oh, I see. MR. TAKAMURA: They're more strict. Right now, we're just dealing with EPA. But in the Administrative Order of Consent or any enforcement action, they kind of put us under scheduled deadlines, and if we start missing the deadlines, then they can take additional actions. CHR. CHUNG: Okay, so, what's on that schedule? MR. TAKAMURA: Completion of the EA, environmental assessment. CHR. CHUNG: And what are those dates? MR. TAKAMURA: (Inaudible.) Completion of construction. We'd have to put it all together and get it to you. Page 13 Hawaii County Council-52 October 7,2020 CHR. CHUNG: No, I mean MR. TAKAMURA: The dates. CHR. CHUNG: But it's in the administrative order, right? MR. TAKAMURA: Yeah. CHR. CHUNG: Oh, you don't have it with you right now. MR. TAKAMURA: No. CHR. CHUNG: Oh. Do you have any idea what the status of the EA, the EIS (environmental impact statement), the design, and the completion of the what? Construct—? Well, obviously, cannot complete construction right now, but what have we done in furtherance of this administrative order? MR. TAKAMURA: We just completed the environmental assessment this year. After the (inaudible) system is done, then we'd proceed with land acquisition. CHR. CHUNG: Oh, I see. So, how long did that take, the EA? Long time? MR. TAKAMURA: Before I started working here last year. CHR. CHUNG: So, you guys started the process before—when did you start? MR. TAKAMURA: June 2019. CHR. CHUNG: Oh, okay. MR. TAKAMURA: So, one of the hang-ups was dealing with the State Historic Preservation office. CHR. CHUNG: Always the case, right? We understand that. Okay. You need say no more. MR. KAMELAMELA: Can I just add something for ? CHR. CHUNG: Go ahead, Joe. MR. KAMELAMELA: Because actually what he cited as being 2017 is actually an extension of the previous order. CHR. CHUNG: Oh. MR. KAMELAMELA: This project itself had preceded this Administration. Page 14 Hawaii County Council-52 October 7,2020 CHR. CHUNG: Okay. Let me—we've been hearing so much about these wastewater treatment projects in Ka`u. But is this the ideal site? I think this is a relevant question to ask when we're talking about eminent domain, right? How ideal—or should I ask Mr. Takamura that? I mean, I know you guys have gone through the process. You guys have gotten the EA, right? MR. TAKAMURA: Yes. CHR. CHUNG: Okay. And I don't want you guys to start from scratch but is this the best, the ideal site? MR. TAKAMURA: Based on all the community meetings and our consultants going out into that area, that we felt that this was the preferred site. CHR. CHUNG: Okay. All right. MR. TAKAMURA: And then, initial discussions with Kamehameha Schools were favorable. Don't want it too close to the community, and we wanted it pretty much downwind. CHR. CHUNG: All right. And there was a statement—and maybe this is something Deanna can answer; you can just do it by nodding your head. But Jerry Warren, who is a frequent critic of, well, is a consistent critic of this project, stated that the assessments to the property owners will exceed the value of, or the cost of these assessments will exceed the value of the homes that are being affected, or maybe some of the homes. Is that a correct statement? And maybe I misheard him. I think that's what he said. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: Sorry, I've been in several meetings today, so I didn't get to hear the testimony but— CHR. utCHR. CHUNG: Yeah. I mean, is that what he said? MS. SAKO: No one's being assessed. They are going to have to connect to the system, but this is not an improvement district. This is a County-funded project, so I'm a little confused by that statement. CHR. CHUNG: Okay, well, I just kind of heard him say. And you are correct. It is going to be by sewer fees, right? It's on the regular schedule, right? MS. SAKO: Yeah. The typical sewer fee for home, I mean, most of them are pretty much all homeowner or residential class. Page 15 Hawaii County Council-52 October 7,2020 CHR. CHUNG: But what about the sewer connection? The lateral, now, from, I mean, the connection from their home to the street— MS. treetMS. SAKO: To the main sewer pipe that's going down the road CHR. CHUNG: Yeah. Right. MS. SAKO: Yes, they are responsible for that. And I'm not sure of the estimates of this particular project, but in other projects we've done across the island, that can be $10,000 or so. CHR. CHUNG: Right. Pahala, luckily though, lot of dirt, though, right? MS. SAKO: Yeah. I believe so. CHR. CHUNG: Yeah, as opposed to Hilo blue rock and all that other stuff. So, that's going to be a big cost item, though, right, for all of these individuals? MS. SAKO: For the homeowners, yes. And then,just because I'm sitting here, this is not the first time we've come forward with this. This iswe had come forward before. Kamehameha Schools, we were—earlier on in the process, we've met with them several times. Theytypically, we have to do condemnation action anyway. That's just their process. We've never settled with them. That's historically been the way. So, we've been discussing it long enough now that I think it's time to move forward, and the court will help us reach a mutually agreed-upon amount. CHR. CHUNG: Joe, you weren't listening in on the testimony, were you? MS. SAKO: No, sorry, I didn't catch CHR. CHUNG: No, you were? There was some reference by Ms. Demoruelle who's really knowledgeable, in my estimation, about—but of course, this is all Greek to me because I'm not very familiar with this project. But she mentioned some court proceedings. Do you know anything about that? MR. KAMELAMELA: So, there is a court proceeding but there has been no final decision that I've seen. I did listen to her but it's not a reason to delay any kind of action because of the nature—because there's something that we can do down the road with the court. CHR. CHUNG: All right, okay. But this project is mandated, right? MR. KAMELAMELA: Yes. CHR. CHUNG: All right. Mr. Richards, go ahead. Page 16 Hawaii County Council-52 October 7,2020 MR. RICHARDS: Thanks, Chair. And I think you already highlighted the question that Kamehameha Schools likes part of the process, been through court- ordered condemnation because, thereby, they don't have to make a decision; it's ordered. So, I guess I can understand. I'm just puzzled. We've been talking about Ka`u wastewater since I've been in office, and the length of time is what's troubling. That's all, Chair, I yield. CHR. CHUNG: Anyone else? MR. KANEALI`I-KLEINFELDER: Chair, I have just a comment. CHR. CHUNG: Yeah, go ahead, Matt. MR. KANEALI`I-KLEINFELDER: Thank you. Thanks for the discussion today on this. I know there's been a lot of concern in the community. I think we even have pending lawsuits. But I've been—in doing my research and talking to different Council Members, I mean, this dates back to when Bobby Jean Leithead-Todd was Environmental Management Director. And given our discussion about the composting facility yesterday, it just is mind-boggling how long projects can take and how it just seems to be okay. Coming from the private sector, if it took me 16 years to install a solar job on someone's house, I'd be out of business. So, I just—again, mind-boggling. If it took me two years to deliver a burger to a table, I'd be out of business. So, I just I have to make that comment. Thank you. CHR. CHUNG: Ms. Lee Loy. MS. LEE LOY: Thank you. And I think you answered this. I just want to clarify because I'm concerned that the property owner is Kamehameha Schools and those are trust lands. And so, I'm just wondering how eminent domain works on trust lands. But what I heard, if I heard correctly, they like the condemnation process. Can you share that piece one more time? MR. KAMELAMELA: Yeah. In the previous cases that I have dealt with them, they always had asked to get to condemnation only because—it's like what you said, it's Kamehameha Schools. The benefits there's a lot of areas that they actually own to benefit certain beneficiaries. And for them, it's also important for them to get fair market value, and so this is the process in which you go through becauseI mean, we do our own appraiser. People can disagree. So then, they have their appraisal done. And then, typically in a situation like this, it's the methodology that differs. And so, we had cases where we're right on the money, or we're not on the money but we understand that this is not science; there's some art that's kind of involved. And sometimes I have seen cases where the value gets cut in half. And I've seen one case where that happened actually in court. The court looked at one Page 17 Hawaii County Council-52 October 7,2020 appraiser, looked at the other and then just cut it in half. And I've been in something similar in another case because I just said, "Okay, let's just see if we can have a middle ground here." So, it helps to establish fair market value. MS. LEE LOY: I was here when we started this back in 2016. And so, I'm also hearing that this resolution helps elevate the opportunity to get the extension that we need. I actually went and looked up the AOC just now, and there's milestones that they've been presented with. Okay, I'm going toI just don't understand enough about how it works with trust lands, but if this is the process that helps keep everybody at the table. Okay, Chair, I'm going to yield. CHR. CHUNG: Anyone else? Kona? Maile? MS. DAVID: I don't think so, Chair. No one here has comments. Thank you. MR. TAKAMURA: Council Chair? Council Chair, this is Eric Takamura. CHR. CHUNG: Yes, go ahead,please. MR. TAKAMURA: I hate to interject Deanna's statement that the homeowner will be responsible to connect. In our environmental assessment, the properties that are connected to the LCC today, the County will connect it at our CHR. CHUNG: Oh. That's MR. TAKAMURA: Currently, newly accessible lots, the ones that are not currently on the LCC, they going have to go through the same processes as all the rest of our residents when they want to connect to the County sewer. They bear the cost. But the ones that are connected to the current LCC, the County will be, at our expense, connecting them. So, we anticipate coming before Council with another resolution or whatever it is to do work on private property with public money. CHR. CHUNG: Right. Okay. MR. TAKAMURA: So, we don't want to surprise you guys when we come in, in the future saying if it's okay to use County money on private property when we do these connections. So, in Pahala and Na`alehu, it's going to be similar. CHR. CHUNG: Well, I thank you for the information, Mr. Takamura. I mean, I don't know how to take that, whether it's good or bad. Because on the one hand, it obviates the necessity for those currently affected homeowners to pay for the hookup cost, but that means now we've got to foot the bill. So, yeah, there's always good and bad to things. But thank you for that information. Very helpful. Ms. Lee Loy. Page 18 Hawaii County Council-52 October 7,2020 MS. LEE LOY: Thank you, Chair. Sorry. One follow-up question. One of the testifiers mentioned about a document being provided for public review at the libraries but the library was closed. So, it didn't provide an opportunity for public review. Do we have any follow up to that? Mr. Takamura? MR. TAKAMURA: Sorry, I missed the the question was on the EA? MS. LEE LOY: Could have been. The statement was that there was a public review process, and those documents were to be made available at the library. But because of COVID (coronavirus disease), the library was closed so there wasn't opportunity for public review. MR. TAKAMURA: Yeah, so we tried to alert everybody that it was on the County's website, that they could download it from our website. MS. LEE LOY: Thank you. Thanks for that clarification. CHR. CHUNG: Okay, anyone else? Kona? Okay. My thoughts on this are first of all, I wanted to comment on what Matt said because it made sense to a certain degree. So, I agree and disagree again. I agree that, well, first let's talk about what I disagree with. I think the analogy is not on the mark because if you had to get State Historic Preservation okay, and you had to go out and do public outreach and all this stuff before doing solar installation, it's going to take a really long time—might take years, okay. But at the same time, the point is the Department of Environmental Management, in my opinion, has not been doing a good job. And that's no offense to you, Mr. Takamura. You've only been here since June of 2019. But on many levels, I am not really pleased with what's going on. And I could actually, as a symbolic measure, vote "no" on this, but it's really—what's the point, really? But I'm just not real pleased with DEM. I'm just not. So, having said that, though, any further discussion? If not, let's take a vote. Roll call. Vote on Res. 741-20: The motion to adopt Res. 741-20 was carried by the (Adopted) following roll call 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. (Note: Ms. Kierkiewicz and Ms. Lee Loy voted "kanalua" then "aye.") Page 19 Hawaii County Council-52 October 7,2020 CHR. CHUNG: Okay. Motion is carried. MR. HENRICKS: Just for the record,just to be clear, this was the first of two readings. So, there'll be a public notice of the votes on this resolution and actually the full text of the resolution published in the papers, and then we'll go second reading at the next meeting. CHR. CHUNG: Right. MR. HENRICKS: And then, Ms. Sako is here to answer questions about the mass donation, if you want to go back to that. CHR. CHUNG: Oh, perfect. Thank you. MR. HENRICKS: Take off the table. CHR. CHUNG: Can we take that off the table, Maile? Vote on Motion to Ms. David moved to remove Res. 740-20 from the table. Remove from Table: Seconded by Ms. Lee Loy and carried by the following (Approved) 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. Deanna, can you just give us some background? This is such an interesting donation. How did this all come about? What was the impetus? MS. SAKO: Really through the Mayor's office. And we've beenI think this is the second one, now. And we've been very fortunate. A newer resident of our island has gotten very involved, has a medical background, has been helping the Mayor and is part of his working group and has been able to get us both of these donations, and we're very appreciative of that. And they want to ensure that everyone on our island has access to masks and face coverings and is able to wear them and all remain safe. CHR. CHUNG: Are you at liberty to mention this person's name to give him credit? Page 20 Hawaii County Council-52 October 7,2020 MS. SAKO: I wasn't told I could or could not, so sorry, but hopefully in the future, yes, the Mayor can make that available. CHR. CHUNG: So, that person is making the donation, or is it the University of California? MS. SAKO: The University of California. But they were very CHR. CHUNG: So, he had contacts with them. Wow! And so, this is not a normal thing, then. It's not like the University of California is sending $1.9 million MS. SAKO: No it's not to every island. It's not to every state. It's to us and we're extremely grateful for our County to be given such a large and generous gift like this. CHR. CHUNG: Oh. Well, can you extend our thanks to that individual? MS. SAKO: Oh, definitely. CHR. CHUNG: Please. MS. SAKO: Yeah, we will. CHR. CHUNG: Okay. All right. We have a motion on the floor. Any further questions, discussion? If not, we have a motion on the floor. All those in favor, say "aye." Vote on Res. 740-20: The motion to adopt Res. 740-20 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. Do we need to waive any kind of MR. HENRICKS: Would you like to? CHR. CHUNG: Can we? Or is it here already or what? MR. HENRICKS: Do we actually have the masks already? Page 21 Hawaii County Council-52 October 7,2020 MS. SAKO: I think we're getting them in weekly amounts. CHR. CHUNG: Oh, we should then maybe, yeah? What do you think? Vote on Motion to Ms. Lee Loy moved to suspend Council Rule 15 to waive Suspend Council the 5-day hold for reconsideration. Seconded by Rules: Mr. Richards and carried by the following voice vote: (Approved) Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 742-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII, DEPARTMENT OF HEALTH, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE DEPARTMENT OF RESEARCH AND DEVELOPMENT Allows for the receipt of$26,000 to be used towards the 2020 Fall Hawaii County Food Access Virtual Summit and 2021 Hawaii County Food Access Summit proj ects. Reference: Comm. 1092 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 742-20. Seconded by Mr. Richards. CHR. CHUNG: Maile? MS. DAVID: Yes, I just want to this was waived from Finance also, and I just want to thank the Mayor's office for entering into this agreement for the County food access summit project. This is a great program. So, I ask for your support. Thank you. CHR. CHUNG: Ms. Kierkiewicz. Page 22 Hawaii County Council-52 October 7,2020 MS. KIERKIEWICZ: Thank you, Chair. I believe Sarah Freeman, our County's Food Access Coordinator, is here. Sarah, can you provide a little bit more context? I had the pleasure of attending last year, and so I'm just really curious how this amazing event is now going to be provided in a virtual platform. (Note: At this time, Food Access Coordinator Sarah Freeman, Department of Research and Development, came forward to address the members of the Council.) MS. FREEMAN: So, this year is obviously going to be a little different. It's not going to be for the fall portion of the summit. It's not going to be a one-day event. It's going to go through mid-October through November. Currently, we're putting out a network assessment survey that will go out next week. And that's really taking an assessment of who's doing what,who has shared goals and what those shared metrics are within those goals. From that, people that are interested in the community that have been a part of these networks moving forward these initiatives have an opportunity to do a facilitation training. So, when we do these small group breakouts, there is capacity and we also have the same tools. Then, we'll design the different breakouts around those different goals, and those will be held probably the first two weeks of November. And then, the outcome of this will be a draft of the food action plan for the County as a real snapshot of who's already doing what and how we can collectively measure the progress we're making over time. We're also partnering with Ag Hui so we can look at the different projects that are available and ready for future so we can identify what funding would be needed and what job creation and capacity that will grow within our County. So, we'll have a twofold of how that will look for current projects versus future projects if there's funding and capacity. In partnership as well, there's a food system study going on for Hawaii County with HIFA (Hawai`i Island Food Alliance) and Hawaii Island Agriculture Partnership. Through this process as well, we'll be taking some of the data from that study and putting it into these sessions to get feedback and analysis for this process. MS. KIERKIEWICZ: That's really helpful. You've got a lot going on. I'm also very passionate about feeding our community. So,please do keep in touch. One question I have is because it's going to be all virtual, are we going to be providing space in rural communities that don't have access to connectivity? I'm thinking about equity and ensuring that people that want to be part of these conversations and contribute or have ideas for how they can be food sustainable and turn that into a business, making sure that they have access to these conversations and the tools. Page 23 Hawaii County Council-52 October 7,2020 MS. FREEMAN: Yeah, we can definitely see how we maybe can connect with the different connectivity hubs and hold sessions there. I have a call with Janice today, as we're also using those places as a drop. Also, from some of these funds and funds from Ulupono for filling out this network survey, we have a $10,000 collective donation. So,people that fill out the survey, they get either an `Ulu Kumu Box from the `Ulu Co-op or an `Elima Box. So, we're already partnering in that way with the resiliency hubs. So, I think that this is another way we could look to partner as far as connectivity. MS. KIERKIEWICZ: Excellent. Thank you. My last question is, what sort of engagement with Hawaii Community College or university is happening to ensure that our students are going to be participating in these conversations? I mean, average age of a farmer, not I don't know too many millennials that are farming. And so, I'm just—you are? That's great, Sarah. But I'm just curious. How do we make farming sexy and ensure that folks our age are going to be committed to doing the hard work of feeding our communities? MS. FREEMAN: Yeah. So, Rachel from community college, she's partnering as far as with HiAP (Health in All Policies). And then this year, we're also now, there's a Youth Food Council. There's three youth members that are a part of that on this island. And two of them will be given the keynote speech for the summit. And they're holding a session as well as being facilitators. So, we are looking for different youth leaders within this process to be integrated into the process. So, that is how we're trying to integrate a stronger youth representation and voice. MS. KIERKIEWICZ: Excellent. And these are going to be recorded and live on the County's website so that, if people don't have time to participate at that moment, they can access this content later. MS. FREEMAN: Right. MS. KIERKIEWICZ: Thank you. Thank you for providing space and opportunities. Chair, I yield. CHR. CHUNG: Thank you. Mr. Richards. MR. RICHARDS: Thanks, Chair. I'm not sure why you said how old are our farmers then looked at me, but average age is in mid-60s, which is one of our concerns. Sarah, yeah, I also attended last year. And one of the things that I've thought about, and just to put it on the table real quick, is for agriculture to flourish, we have to have market. For markets to flourish, we have to have demand. And that's where, to Ashley's point, capturing the HCC (Hawai`i Community College) and UH (University of Hawai`i), specifically their culinary arts because we need chefs that are creative that add value to low-value product. And that's where agriculture really can make a difference. So, I just throw that out there as a conversation point. Because a chef—anybody can cook a steak, but Page 24 Hawaii County Council-52 October 7,2020 to take something else and make value out of it, whether it's something special. So, I throw that out and I look forward to getting that information in the talk-story going forward. So, Chair, I yield. CHR. CHUNG: Okay. Anyone else? Kona, any comments, discussion? MR. KANEALI`I-KLEINFELDER: Just a quick comment, Chair. CHR. CHUNG: Yeah, go ahead, Matt. MR. KANEALI`I-KLEINFELDER: Thank you. Sarah, thank you for spearheading this. I was there last year with you. It was just a great summit that was put together. And some of your keynote speakers, I still remember their they had a couple of one-liners that have stuck with me ever since. And making farming sexy would be an interesting way to go about it. I like the idea. Tim, I'm not sure why she looked at you, but maybe you fit in that category for her. So, in going forward, we need more farmers. And I think just having the discussion and making the County a part of that discussion and spearheading that is something that's needed. I think it was about a year and a half ago, I sat down with farmers in Waimea with Tim and I asked them, "How can the County help you," and there was silence. They really don't know how the County can help when it comes to farming, agriculture, and supporting agriculture. So, this is just a great way of moving forward as a County on sustainability, which is basically what we're talking about. I appreciate, Sarah. Thank you for your time today. CHR. CHUNG: Anyone else? MS. VILLEGAS: Yes,please, Chair Chung. CHR. CHUNG: Yeah, go ahead, Rebecca. MS. VILLEGAS: Thank you. I'm just going to throw it out there and just—in a state of good news, Ms. Kierkiewicz, actually there are a lot of millennials out farming now. I think it's absolutely fantastic. We have farming programs in our elementary schools with garden programs, and there is massive movement and momentum of getting our children with their hands in the dirt, learning about the bugs and the beetles and the species and the dirt and the microbes and how that whole healthy ecosystem contributes to our livelihoods. I mean, farming is about sex, right? Procreation. Plants. Animals. Species. Stuff to eat. So, I would beg to differ that farming is sexy. But I'd say that big ag (agriculture), not so much. I think that's one of the big challenges that we are facing right now, is that with the GMO (genetically modified organism) issues Page 25 Hawaii County Council-52 October 7,2020 and big oil and big chemical. And this transition from subsistence farming to big money farming, that's killed the sexy because they remove the sex from farming when things are germinating based on adding chemicals. So, I'm really excited for programs like this and opportunities. I mean, it's hard work. I was raised on a half-acre where we had goats and chickens and ducks, and we had, I mean, I spent every day after school with a five-gallon bucket picking tiny weeds out of our garden. And I used to dream of living in a condo (condominium) with a gravel yard. But I am so grateful for that time and that attention. And as we reconnect and we learn how to resume our connections to our relationship with the `aina and the land that we live on and within, I think farming andI mean, when I think of the people that I know that are currently farmers, the hard work that they do. I mean, our Council Member here, Council Member David is a coffee farmer. She works hard on that land. There's something so powerful and poignant about that sweat equity and that investment. I'm all about let's make sure that farming gets back to being sexy because that's what it's about. And food, eating is really important for all of us. So, let's grow that food here. Let's teach our keiki and our millennials and provide opportunities to have access to land and make sure that the soil is healthy and not contaminated by chemicals. And let's get back to farming. So, thank you so much for your hard work on this and securing this funding for this County food access summit. I really appreciate it. I yield. CHR. CHUNG: Anyone else? MR. KANEALI`I-KLEINFELDER: I have one more comment, Chair. CHR. CHUNG: Yeah, go ahead. MR. KANEALI`I-KLEINFELDER: Sarah, is there any form of, like, a value added or marketing being brought into this discussion? I'm thinking long-term recovery, economic recovery. Is there any portion of this summit that will touch on that? MS. FREEMAN: Yeah. So, a lot of that is being evaluated through the food system study because one of the goals for the food system study is a feasibility study for an ag innovation center. On another hand, another session that would be a part of the summit is that we are—since "value added" is often a really large conversation and many circles around ag, we're going to be developing some pre- recorded educational sessions with different industry leaders. So, one is going to be a background on cottage law and why we have the cottage law that we do. And that will be also accompanied with the Department of Health Page 26 Hawaii County Council-52 October 7,2020 sharing about different laws related to cottage law. There's going to be a session of an overview of the different available commercial kitchens currently open for mixed use on island. Accompanying with someone from the Hilo food hub who offers different services and also will provide more information about labeling and other marketing services. And there'll be a few other sessions. They'll be pre-recorded for people to watch ahead of time. And then, we're going to have some scheduled talk-stories where people can just spend that time virtually asking questions and diving deeper into that understanding of value added. MR. KANEALI`I-KLEINFELDER: Nice job. Thank you. The food hub that you're talking about, what was the name for it again? MS. FREEMAN: There's a new food hub in Hilo. It's more towards a commercial kitchen, and they also offer services around supporting people to grow their businesses, along with a few other services. But they recently just started and they're one of the people that are in the HIplan cohort at the moment. MR. KANEALI`I-KLEINFELDER: And what was the study you were talking about? MS. FREEMAN: It is the food system study for Hawaii County. It's being lead through HIFA and also HiAP. The Hamakua Institute is supporting a large portion of doing the value-chain analysis and also data analysis. Currently, where we're at with it is that there's been the definition of what we want to study. And then, we're currently in a place of data gathering. So, they're gathering data on studies that have currently been done or in the past and then what's being done right now to identify what kind of data and information we need to gather to make the decisions we need to make moving forward. MR. KANEALI`I-KLEINFELDER: Thank you. I appreciate your time. CHR. CHUNG: Okay. Anyone else? If not, thank you very much, Sarah, for your time. I really appreciate it. Okay, we have a motion on the floor. All those in favor, signify by saying "aye." Vote on Res. 742-20: The motion to adopt Res. 742-20 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 27 Hawaii County Council-52 October 7,2020 CHR. CHUNG: Motion carried. Can we get a motion to waive the five-day holdover on that last matter? Vote on Motion to Mr. Richards moved to suspend Council Rule 15 to waive Suspend Council the 5-day hold for reconsideration. Seconded by Rules: Ms. Lee Loy and carried by the following voice vote: (Approved) Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. And remind me to do that for the next one too, okay? Go ahead. Res. 743-20: AUTHORIZES THE PLANNING DEPARTMENT TO AWARD FUNDS TO VARIOUS NONPROFIT ORGANIZATIONS THROUGH THE KILAUEA RECOVERY GRANT PROGRAM Awards $3,624,374 in grants to provide disaster relief, recovery, mitigation, or remediation assistance for physical damages or losses caused by the 2018 Kilauea eruption. Reference: Comm. 1093 Intr. by: Ms. Kierkiewicz Waived: FC Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 743-20. Seconded by Mr. Richards. CHR. CHUNG: Discussion? Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you, Chair Chung. If I could call forward our recovery officer, Douglas Le. He and his office really spearheaded this effort. And just for context for my colleagues, when we adopted Bill 146 earlier this year, it was to create a framework to spend the $20 million that Council Members Lee Loy, Richards, and I worked really hard to bring home from the State Legislature. And in conversations with the recovery team and Corporation Counsel, it was really recommended that we create a framework very similar to our nonprofit grant-in-aid process so that there is a process that community can access these funds. So, Douglas, I want to invite you to kind of share what that experience with community was like and provide an overview of the awardees. This is close to $3.5 million for Puna. This is an incredible investment in Puna Page 28 Hawaii County Council-52 October 7,2020 that will catalyze its recovery and revitalization. So, I'm just really happy all around for the hard work that was put in to make this happen. So, thank you. Douglas. (Note: At this time, Disaster Recover Officer Douglas Le, Planning Department, came forward to address the members of the Council.) MR. LE: Good morning. Douglas Le, Disaster Recovery Officer. Thank you, Chair. Thank you, members of the Council, to be able to come here to speak on this resolution and this important work that is under way. As Chairperson Kierkiewicz mentioned, this is long time coming, and it really has been in partnership with the Council since the development and passing of Bill 146 to this point. In our process of developing this Kilauea Recovery Grant program, we did look at the established grants-in-aid program to replicate what works and to adapt this program to the needs of our recovery effort, as well as the requirements of the ordinance that created the program. Like much of what we do in recovery, this work is very unprecedented, but we're also incredibly excited to be able to move forward with the grantees in the community as a whole. This leads to investments in reestablishing or expanding farms in the area to really bring agriculture back where it can be. There are also funds dedicated to planning for and the restoration of roads to areas that were isolated as a result of the eruption. The one community facility Kua O Ka La, who lost their facility as part of the eruption, resources are being made available to help them really stabilize where they are now, really in light of everything that school community has gone through over the past two years, along with the rest of the community. So, the focus was really on projects that submitted applications that were aligned with the recovery goals and objectives and could meet the established criteria of the grant program. And we're just really excited to be able to move this forward as part of the recovery. MS. KIERKIEWICZ: Thank you, Douglas. I'm just curious, how many entities applied for a grant and how many were awarded? And I ask that because when I take a look at Exhibit A, it only lists awardees that are receiving over $25,000. But there is a line item that calls out total grant awards for projects that were requesting a certain amount but totaled under 25. So, what was the total number of projects and entities that are being funded through this resolution? MR. LE: So, through this grant funding, 18 organizations are being funded in total. MS. KIERKIEWICZ: Excellent. And how many applications? MR. LE: So, we received 42 applications. Page 29 Hawaii County Council-52 October 7,2020 MS. KIERKIEWICZ: Okay. So, about half. And one of the dreams and visions that I think we both had was, for folks that did not meet the criteria for this particular grant, that the Puna Strong Grant program could be another avenue for them to submit requests for funding for their projects so that they could build that internal capacity to serve their community. Where are we with that, and is that going to be made available to folks that didn't get awarded this particular grant? MR. LE: So, the community-based disaster management RFP (Request for Proposals) that we put out earlier in September did close on September 30''. We are in the process of evaluation of that RFP process. That's what I can speak to today. But you're right. The program can provide resources and capacity building to organizations throughout the Puna community those that did apply for the Kilauea Recovery Grant program and those that didn't. I think there's different scales of efforts that are already underway. And so, I think this upcoming grant program will be a way to connect those efforts as well. MS. KIERKIEWICZ: Great. Thank you. And my final question rests around, you know, I've gotten a number of emails, calls, texts from community around is there going to be a Phase 2 for the Kilauea grant program. So, that's a question for you—maybe also a question for Deanna. So,just wondering is there going to be a Phase 2. MR. LE: Sure. So, the ordinance does provide for a second round of funding. We really want to get this first round off the ground to really see the successes, the lessons learned before we explore a Phase 2 of funding. MS. KIERKIEWICZ: Okay. And then,just keeping in mind this is our most flexible bucket of money that we have for recovery. And because of the financial situation the State is in, I doubt we will see any kind of this money in this magnitude coming our way anytime soon. And so,just being very disciplined and judicious in using this bucket of money. I see it as, at the end of the day, it's got to fill in the gaps for where all the other restrictive money cannot fill. Great. Thank you, Chair. I'm just asking for my colleagues for their support on this measure. I yield. CHR. CHUNG: Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. Thank you, Ms. Kierkiewicz, for this, and Douglas. As Ms. Kierkiewicz mentioned, when we went to Legislature to get the money, this was all new. And so that all these pieces have come together in two years, I'm just really excited. But what I'm most excited about is the funds that are going to Kua O Ka La because they lost their campus. And I have the privilege now of them being housed in Council District 3. So, the idea that this recovery is helping the kids of Puna but being amplified and magnified and Page 30 Hawaii County Council-52 October 7,2020 providing relief in other districts is really what this recovery message was truly about—about healing the entire island and moving many people into different spots where they can thrive. And so, I'm just really excited. I'm looking forward to the second phase and how we can, as you said, Douglas, lessons learned and how we can even further amplify other things in other communities while still recovering Puna. Ms. Kierkiewicz, thank you so much. Douglas, thanks for really working hard on this one. And, Deanna, we had 20 million. So, we've got more to go. Thanks. MS. POINDEXTER: Chair? This is Val Poindexter. CHR. CHUNG: Yes, Val, go ahead,please. MS. POINDEXTER: Yeah, I just want the public to know, too, that I know that, like Ashley said, that her, Sue, and Tim worked hard to get this money here. But I want the public to know that even if the rest of us weren't able to fly up there as often, that we also worked with our State legislators to also put in support letters and we worked through the process together as a County Council. So, all of us were a part of it, and especially our State legislators from this island who fought hard to get that money to us. And, yes, we all lobbied for that money. So, it wasn't just a few. It was all of us that did it. So, I just wanted to let the public know that. So, thank you. CHR. CHUNG: Yeah, well, it's a team effort. Okay, go ahead, Mr. Richards. MR. RICHARDS: Thanks, Chair. Douglas, thanks for the report. And I was reading so I may have missed this: For the $83,000 of the awards under 25,000, how many are there? MR. LE: Of that amount, there are five grants in total. MR. RICHARDS: Okay, so, roughly speaking—okay, I see. And is there a list of those someplace, I assume? MR. LE: So, when we announced the selection of the grants, we did post the list to our website, on the recovery website, and I have to just follow up and circulate that as well. MR. RICHARDS: Sure. That'd be great. And I can't echo enough. Just wonderful to get this 3 million now, but there's a lot more. So, let's get some more out, and the sooner the better in this economic. So again, thanks so much. Chair, I yield. CHR. CHUNG: Okay, anyone else? Page 31 Hawaii County Council-52 October 7,2020 MS. DAVID: Chair? CHR. CHUNG: Yeah, go ahead, Ms. Villegas. MS. DAVID: Hi. Okay, thank you. Yes, thank you for this. This is very helpful. I have a question for Mr. Le. In the second phase, what will be the amount of the second phase? Do you know at this point? MR. LE: At this point, we haven't made a determination on the specific amount of funding or on the second phase. MS. DAVID: I see. Okay. And that brings me to myI just want to make a note of some testimony that we all received, or at least I got yesterday regarding this, and it's relating to Cape Kumukahi. And the request was from lineal descendants of the Hawaiian lineal descendants, requesting that they support this resolution but they're requesting the County Council withhold some recovery funding until the process for identification of lineal descendants for the Cape Kumukahi area and a burial treatment plan and protection plan are in place. And I just wanted to make that note for the record because I'm not sure how that would be processed or available. Is there something the County would set aside in the recovery, using the recovery funding for something like this because that area has been very impacted as well? So,just to put it on the record and to acknowledge the testifiers that sent in the request supporting the resolution, but also making a sincere request that some funding from this be put aside specifically for that purpose. And I just wanted to make that note and thank Mr. Kiawe, Ms. Rosehill, and Na Koa Ikaika o Ka Lahui Hawaii and Mililani Trask (See Comm. 1093.22) for their testimony. And thank you. I just wanted to make that note for the record because they did put that request in. Thank you. CHR. CHUNG: Thank you. Oh, Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Chair, if I might, I wanted to elaborate a little bit about some of the testimony that did come in that Council Member David has mentioned. I'm working very closely with my constituents on this. Uncle Keone Kalawe (See Comm. 1093.8), Aunty Ku`ulei Cooper (See Comm. 1093.1), Aunty Mililani Trask, Leslie Enriquez—folks with ties to the area. We are holding space in this resolution to help them resolve issues related to the iwi kupuna so that they can be brought home to rest. Also working very closely with Lono Lyman (See Comm. 1093.13), who owns a lot of land in that area, to ensure that we are doing things in a pono way. And I also wanted to share, for the record—and, Douglas, if you could confirm this any type of project that is listed here that is related to any kind of ground disturbance, that we are going to include in the contracts that, where it is appropriate, that they must engage in 106 and 6(e). It is important to engage Page 32 Hawaii County Council-52 October 7,2020 people of this place who can provide the mana`o on doing things appropriately and that we are going through the proper channels to review, ensure that the plans are in place and that there are proper protocols for doing things like laying the iwi kupuna to rest. So, Douglas, if you could share a bit more about our work with community and confirm because I know folks are tuning in to this meeting, that we will be requiring folks do abide by 106 and 6(e) where ground disturbance is involved. MR. LE: So, you're correct. For projects, and especially for the number here that would involve, for example, restoration of road, all the proper permitting procedures and legal requirements would apply. And consultation is an important key to that. I think one of the values of really this program from the beginning and we're really starting to see it bear fruit—is that these are projects lead by community with support from the broader County. And so, as it relates to work with residents, lineal descendants, that comes part in parcel. And it's really important to ensure that, that work is happening even before a, quote, unquote, project begins, right, in addition to the legal requirements through Sections 106 and 6(e). And Kumukahi is an area of significance prior to the eruption. It has, kind of, new attention and different focus now. Our team has been working closely with folks who are lineal descendants of the area, are property owners of the area, to really ensure that, as we move forward in recovery, that these issues that were raised as public testimony, which I've heard about and I have not had a chance to review yet, are being addressed and addressed in the right way. CHR. CHUNG: Based on what Mr. Le had just said and his recap of that whole process, I really want to thank Mr. Le for actually explaining that something is being done and that's very refreshing. I thank everybody for doing that. Thank you. Okay, anyone else? MR. KANEALI`I-KLEINFELDER: Chair? CHR. CHUNG: Yeah, go ahead, Matt. MR. KANEALI`I-KLEINFELDER: Thank you, sir. I just want to thank Ms. Kierkiewicz for bringing this forward. She's really done a tremendous job and I think—as Valerie touched on earlier, recovery really is a kakou thing. It's not about anyone or L It's very inclusive because it's going to take everyone going forward to recover from what we lost in 2018. It's one of the first major events that we dealt with coming in the office, both Ashley and I, and I guess maybe not the last, obviously with COVID as doing currently. But I think I heard Ms. Lee Loy mention earlier that this could be used in other districts, and I really have to caution against that. This was meant to rebuild Page 33 Hawaii County Council-52 October 7,2020 Puna. Everyone was affected by the eruption across the whole entire island, but really these funds,just to clarify, these funds are specifically to make sure that we can rebuild Puna and what was lost in Puna. There was tremendous loss across the island. Even from our own restaurant, we saw 30 percent decline in sales after the eruption, and that held for, I'd say, six months to a year. But these funds are for Puna for recovery. And the groups that are doing things, these are groups that need the assistance, and we still have families who are struggling from the eruption or have lost property or don't have a place to return home to. So, I'm excited to see this come forward, and I just now want to remind everyone that this is a kakou thing. There is no "I" in kakou. So, I want everyone to work on making this happen and making sure that we take care of our community in the best way possible. That's our responsibility. So, mahalo, Ashley, but mahalo to everyone who put a hand into this from the beginning. From the State legislators to the community to people like Douglas Le and everyone who has been involved in the recovery efforts. So, mahalo for the time and mahalo for the discussion today. CHR. CHUNG: Ms. Lee Loy, go ahead. MS. LEE LOY: Thank you. Yes, Mr. Kaneali`i-Kleinfelder, it's a kakou thing, but I think you mischaracterized what I mentioned about Kua O Ka La. They lost their campus and they're standing up a new one in Council District 3, which helps with the recovery. It's not being utilized outside. It's going to the campus. And then they found a space in Council District 3. I'm so pleased to have another charter school in Council District 3 where they can continue all of their educational programs, and do it in partnership with their Waimea campus. This is what community work is really about, lifting up the entire island. I didn't want to leave it on the table that some other district was poaching money from this. We are an island and we offer many opportunities throughout all of our districts. Thank you, Chair. I yield. CHR. CHUNG: Anyone else? Let me just make a comment. This is a $3.6 million grant. We should all be applauding in our own ways, and somehow this thing has segued into a negative commentary on several levels. I want everyone on this Council to really think and look at themselves and say, "Why did this happen?" Everyone. Okay? Because this thing—it shouldn't have any negative taint on this thing. I'm not pointing fingers at anyone because everyone, as I've said, we're a team. We rise and fall together. Everyone has to think about this thing. I'm getting kind of sick about this stuff, quite frankly. Okay? Anyway, we have a motion on the floor. All those in favor, say "aye." Page 34 Hawaii County Council-52 October 7,2020 Vote on Res. 743-20: The motion to adopt Res. 743-20 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. I need a motion also to waive the five-day holdover. Vote on Motion to Ms. Kierkiewicz moved to suspend Council Rule 15 to Suspend Council waive the 5-day hold for reconsideration. Seconded by Rules: Ms. Lee Loy and carried by the following voice vote: (Approved) Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Thank you. Let's move on. Res. 744-20: AUTHORIZES THE OFFICE OF THE PROSECUTING ATTORNEY TO AWARD FUNDS TO CHILD AND FAMILY SUPPORT SERVICES Awards a $40,000 grant to provide shelter and support services to victims of domestic violence. Reference: Comm. 1094 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 744-20. Seconded by Mr. Richards. CHR. CHUNG: Any discussion? MS. DAVID: Thank you, Chair. Yeah, this was actually waived from Finance. And I just wanted to thank Child and Family Services for all that they do for victims of domestic violence and ask for your support of this award. Thank you. Page 35 Hawaii County Council-52 October 7,2020 CHR. CHUNG: Okay. Any further discussion? MS. VILLEGAS: Yes,please. CHR. CHUNG: Yeah. MS. VILLEGAS: I just have a quick comment, Chair Chung. CHR. CHUNG: Go ahead. MS. VILLEGAS: I, too, want to express my gratitude for this organization and all they do. I also really want to express my support for continuing to fund and the maintenance of two facilities, at least, on the island—one on the east side and one here in Kona—for victims of domestic violence. As we're facing potential funding challenges, I firmly support the continuance of funding the program here on the west side. To have to transport—for someone under circumstances of domestic violence to have to gather themselves and, potentially, their children, and if they do or don't have transportation to the other side of the island is asking too much. And it only exposes them to more risk. So, I just really want to go on the record as saying that I firmly support our continuing to fund both facilities on this island with the necessity of serving both sides and the people who reside within both. So, thank you, I yield. CHR. CHUNG: Okay, anyone else? There being none, all those in favor say LC " aye. Vote on Res. 744-20: The motion to adopt Res. 744-20 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. We need to also have a motion to waive the five-day holdover. Page 36 Hawaii County Council-52 October 7,2020 Vote on Motion to Mr. Richards moved to suspend Council Rule 15 to waive Suspend Council the 5-day hold for reconsideration. Seconded by Rules: Ms. Lee Loy and carried by the following voice vote: (Approved) Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Thank you. Res. 745-20: AUTHORIZES THE OFFICE OF THE PROSECUTING ATTORNEY TO AWARD FUNDS TO THE YWCA Awards a $50,000 grant to provide Sexual Assault Nurse Examiner exams and therapeutic support to victims of sexual assault. Reference: Comm. 1095 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 745-20. Seconded by Mr. Richards. CHR. CHUNG: Maile, go ahead. MS. DAVID: Yeah, I just want to express support for this very needed grant and ask for my colleagues' support as well. Thank you. CHR. CHUNG: Okay. Anyone else? MR. KANEALI`I-KLEINFELDER: I just have a quick question, Chair. CHR. CHUNG: Go ahead, please. MR. KANEALI`I-KLEINFELDER: Is there anyone from the Prosecuting Attorney's office there? CHR. CHUNG: Yeah. There is, actually, or MR. KANEALI`I-KLEINFELDER: Is Dale there? CHR. CHUNG: Is or are. Page 37 Hawaii County Council-52 October 7,2020 MR. KANEALI`I-KLEINFELDER: I thought there was—is that Dale? It looks like Dale. No? CHR. CHUNG: No. (Note: At this time, Business Manager Lee Lord, Office of the Prosecuting Attorney, came forward to address the members of the Council.) MR. LORD: I'm Lee Lord, Business Manager from the Prosecutor's office. I can answer questions about the business side, and Tara Okutsu, one of our counselors in our Victim Assistance Unit, can answer questions about services that we provide and the services that the SANE(Sexual Assault Nurse Examiner) nurses provide. MR. KANEALI`I-KLEINFELDER: Thank you, Lee Lord. Good to see you. All I can see is the back of people. Just one little thought. December 2019, there's a big backlog of rape test kits, and they had all been processed I think it sounded like. But they were supposed to be investigating and prosecuting. And I think this brand helps in that same line. And I'm excited to see this happen because this is really important. But I just want to check. Where are we with the investigating and prosecuting into all of those kits that were done? And I know it's a little bit of a reach, but if you could just touch on that, I'd appreciate it. MR. LORD: Council Member Matt, I'm sorry, Dale is not here. This is Victims of Crime Act money. And the SAKI money, Sex Assault Kit Initiative money, is separate money. So, I wasn't prepared and didn't get a report from Dale to report on that. But I will get some information and have it sent to you by email. MR. KANEALI`I-KLEINFELDER: I'm sorry, Lee Lord. I did not mean to call you Dale. MR. LORD: No problem. MR. KANEALI`I-KLEINFELDER: Okay. Thank you. It just crossed my mind. I think this is something the community was really asking for, and I was glad to see it move ahead in December. And although it's a little bit different, I mean, it's really touching on something similar. So, mahalo for that and I'll be following up. MR. LORD: And I do know it's been successful and we've gotten more funding for that, and the positions are filled and it's moving along great. But I'd like Dale to go ahead and give you that information. MR. KANEALI`I-KLEINFELDER: Okay. Thank you, sir. Page 38 Hawaii County Council-52 October 7,2020 CHR. CHUNG: Okay. Anyone else? MR. RICHARDS: Chair? CHR. CHUNG: Yes, Mr. Richards, go ahead. MR. RICHARDS: Yeah, thank you. The SANE nurses, very important. And I think Councilwoman David will agree we have east, we have west, but we need north and south. And I know there's nurses training in Waimea for that funding. Very important because distance is a big issue when we're dealing with something like this. So, I'm definitely supporting this. I know YWCA (Young Women's Christian Association) is working on this as well or recipient of this. But very important that we have the services in Waimea, or North Hawaii and South Hawaii, down Ka`u as well. So, that's all, Chair. I yield. CHR. CHUNG: Okay. Anyone else? If not, we have a motion on the floor. All those in favor, say "aye." Vote on Res. 745-20: The motion to adopt Res. 745-20 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. We also need another motion to waive. Vote on Motion to Mr. Richards moved to suspend Council Rule 15 to waive Suspend Council the 5-day hold for reconsideration. Seconded by Rules: Ms. Lee Loy and carried by the following voice vote: (Approved) Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Thanks to you guys. MR. LORD: Thank you. Page 39 Hawaii County Council-52 October 7,2020 BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): Bill 192: 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 Bridge Inspection & Appraisal - Federal project for $160,000 to the Capital Budget. Funds for this project shall be provided from Federal Grants Receivable. Reference: Comm. 1060 Intr. by: Ms. David (B/R) Approve: FC-138 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 192 on first reading and adopt Finance Committee Report No. 138. Seconded by Ms. Lee Loy. CHR. CHUNG: Discussion? Ms. David, do you want to say anything? MS. DAVID: Well, I just want to make a note that this passed out of Committee with two [sic] "ayes." So, I just ask for your continued support. CHR. CHUNG: All right. Anyone else? There being none, all those in favor say Ic aye. Vote on Bill 192: The motion to pass Bill 192 on first reading and adopt (Approved) Finance Committee Report No. 138 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 40 Hawaii County Council-52 October 7,2020 Bill 193: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING (Draft 2) BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Appropriates revenues in the Federal —CDBG (Community Development Block Grant) COVID-19 account($978,184); and appropriates the same to the following CDBG-CV2 accounts: Food Basket Emergency Food Distribution Equipment Acquisition ($223,500); Boys & Girls Club of Big Island—Mobile Youth Outreach Services ($376,000); Na Kahua Hale O Ulu Wini—Laundry & Utility Improvements ($175,000); Project Vision Hawaii —Mobile Health & Hygiene Service ($110,000); and CDBG-CV Administration ($93,684). Funds would be used to prevent, prepare for, and respond to the COVID-19 pandemic. Reference: Comm. 1061.2 Intr. by: Ms. David (B/R) Approve: FC-139 Vote on Bill 193: Ms. David moved to pass Bill 193, Draft 2, on first reading Draft 2 and adopt Finance Committee Report No. 139. Seconded (Approved) 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. Bill 196: AMENDS CHAPTER 2, ARTICLE 4, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY ADDING A NEW SECTION RELATING TO FISCAL IMPACT STATEMENTS Allows for the Finance Director to initiate, or any Council Member to request from the Finance Director, a Fiscal Impact Statement for any Bill for an Ordinance, except for Bills that initiate an amendment to the Hawai'i County Charter or that establish the upcoming fiscal year operating budget or capital budget. Reference: Comm. 1059 Intr. by: Ms. Lee Loy Approve: FC-140 and Comm. 1059.1: From Council Member Susan L. K. Lee Loy, dated September 24, 2020, transmitting a proposed amendment to Bill 196. Page 41 Hawaii County Council-52 October 7,2020 Motion to Approve: Ms. Lee Loy moved to pass Bill 196 on first reading and adopt Finance Committee Report No. 140. Seconded by Mr. Richards. Motion to Amend: Ms. Lee Loy moved to amend Bill 196 with the contents of Comm. 1059.1. Seconded by Ms. Kierkiewicz. CHR. CHUNG: Go ahead, Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. At Committee we heard a lot of support for this bill. But just some clarifying questions on actually the applicability. And so, I listened very carefully, I think. Ms. Eoff understood when the first required Council reading was. Amendment 1059 actually clarifies that. And then I believe it was either Ms. Villegas or Ms. David who had questions surrounding when a fiscal impact statement would be due, but that it wouldn't prohibit us from still acting on legislation. And so, I provided refining language, which basically does provide the request for a fiscal impact statement at a due date or timeline on when it should be made available, but also that it doesn't prohibit us or any future Council to act on a proposed ordinance in the absence of a fiscal impact statement. I went back over the notes of the meeting and re-watched it a couple of times. I believe this amendment addresses the concerns or maybe just better ways to frame and understand what the fiscal impact statement process would look like. I am asking for your support. I think this really strikes at the heart of providing transparency and just real good decision-making abilities. With that, I yield. MS. EOFF: Mr. Chair? CHR. CHUNG: Yes, go ahead, Karen. MS. EOFF: I just wanted to thank Ms. Lee Loy for incorporating the notes and the suggestions and comments from the Council Members in the Committee. And I appreciate the work done here, so I'll support this amendment. CHR. CHUNG: Anyone else? MS. DAVID: Mr. Chair? CHR. CHUNG: Yeah, go ahead, Maile. MS. DAVID: Yeah, I just wanted to also mahalo Ms. Lee Loy for actually implementing these suggestions during the discussions that we had and thank her for doing that because it is very important that we strive for transparency in government. So, I want to mahalo her for that. Thank you very much. I yield. Page 42 Hawaii County Council-52 October 7,2020 CHR. CHUNG: Okay. Anyone? Okay, let meI'm not trying to add a crimp to all of this but I was looking this over. And first of all, I wanted to really credit you for incorporating the comments made the last time. But when I look at this thing now, I see in your Subsection C, it says the section shall not apply to any proposed ordinance to amend the Hawaii County Charter and, of course, other things. And I'm thinking you put that in there because it's already covered in the Charter. But when I really think about it now because, these ordinances for Charter amendments come to us, right? I mean, we either initiate it or it comes to us via the Charter Commission. It might be something worth thinking about for you. You can leave it here. But maybe we should get a fiscal impact statement when we're considering the ordinances for Charter amendments. And that fiscal impact statement can then be used already; go straight up after it is passed, if and when it's passed. I'm okay with moving it forward now, but just for consideration, it might be a good thing for us, for the Council to be able to look it up—fiscal impact statement—as it relates to these Charter amendments. But that's for another day. Anyway, we have a motion on the floor. All those in favor, signify by saying "aye." Vote on Motion to The motion to amend Bill 196 with the contents of Amend: Comm. 1059.1 was carried by the following voice vote: (Approved) Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung–9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Thank you. MR. HENRICKS: We're back to the main motion, as amended. CHR. CHUNG: Oh, I'm sorry. That was just the motion to amend. Okay, now we're back to the main motion. Any further discussion? There being none, all those in favor say "aye." Page 43 Hawaii County Council-52 October 7,2020 Vote on Bill 196: The motion to pass Bill 196, as amended to Draft 2, on first Draft 2 reading and adopt Finance Committee Report No. 140 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. I'm sorry. MR. HENRICKS: No, all good. Bill 206: 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 State Grants —Hawai`i County Food Access Summit Program account($26,000); and appropriates the same to the Hawaii County Food Access Summit Program account for the 2020 Fall Hawaii County Food Access Virtual Summit and 2021 Hawaii County Food Access Summit projects. Reference: Comm. 1092 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 206 on first reading. Seconded by Ms. Lee Loy. CHR. CHUNG: Any discussion? MS. DAVID: Chair, I just ask for your support and just make a note that this was requested to be waived out of Finance. So, if there's anyone from the department there that wishes to speak, otherwise I just ask for your support. Mahalo. CHR. CHUNG: No more anyone here. Okay. So, any further discussion? There being none, all those in favor say "aye." Page 44 Hawaii County Council-52 October 7,2020 Vote on Bill 206: The motion to pass Bill 206 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. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): Bill 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) First Reading: September 16, 2020 Vote on Bill 194: Ms. David moved to pass Bill 194 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. Page 45 Hawaii County Council-52 October 7,2020 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) First Reading: September 16, 2020 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Vote on Bill 195: Ms. David moved to pass Bill 195 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. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (There were none.) REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: (There were none.) 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 46 Hawaii County Council-52 October 7,2020 CHR. CHUNG: We've come to the end of our agenda. Can I have a motion to ? MR. HENRICKS: Mr. Chair, excuse me,just an indulgence. If I could make a quick public service announcement, if you don't mind. CHR. CHUNG: Of course. Please. MR. HENRICKS: For those who are watching live, and if not, today is October 7h and ballots have gone out today for the General Election. So, if you have any questions about your voter registration or if you don't receive your ballot within the next few days or in a timely manner, please call our Elections office at 961-8277. For any questions about voting, voter services, our places of deposit, their availability, again that is the number you want to call, 961-8277. Thank you so much. CHR. CHUNG: Wait, one more thing, then. I know some people will probably ask this: Is it too late to register for the mail-in ? MR. HENRICKS: No. And I'm glad you brought that up because sometimes the issue of people getting two ballots come up, and they say it's a glitch but it's not. It's a feature. People who change their registration between the time that we've already got it locked in for that first mailout and then they change information, they'll get another ballot. But it won't create any situations where they'll vote twice. It's not I won't say it's not possible, but it's a 99.999 percent impossibility. So, it is not too late. That registration deadline is really for that first mailout that's coming out today, but the fact of the matter is people can continue this process. And if they have questions about their opportunities, I want them to call that number. You can even register same day and vote at the voter service centers on November 3rd if it comes to that point in time. And then we talked a little bit. We had a debriefing, and at that time, I was a little bit conservative when talking about our added services. So, for now, I will say that we did add two places of deposit or drop boxes; one at the Laupahoehoe Police Station and one at the Kapaau Police Station. And we did expand the availability of those drop boxes. They are available, I believe, on the 14d' of this month, as opposed to the five days that is required by law. And they're available 24 hours a day for anybody that needs them at any point in time in the day. And we'll be collecting them each day to make sure that everybody's votes are collected in a secure and timely manner. CHR. CHUNG: And what's that number again? MR. HENRICKS: 961-8277. Page 47 Hawai'i County Council-52 October 7,2020 CHR. CHUNG: All right. Thank you very much, Jon. MR. HENRICKS: Thank you for that allowance. ADJOURN- There being no further business, at 11:05 a.m., Ms. Lee Loy moved to adjourn the MENT: meeting. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung— 9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Meeting adjourned. Council Approval: NOV ® 6 2020 r CO CLE' JH/dg Page 48