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HomeMy WebLinkAboutMIN COUNCIL 2020-10-21 2018-2020 Hawaii County Council 541h Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii October 21, 2020 INVOCATION: Kahu Kealoha Ka`opua of Calvary Community Church in Kona gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:05 a.m., in the Council Chambers, Kailua-Kona, by Ms. Karen Eoff, Acting Chair. ROLL CALL: Present: Mr. Aaron S. Y. Chung, Chair(via videoconference from Hilo) Ms. Karen Eoff, Vice Chair Ms. Maile Medeiros David, Member Mr. Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member(via videoconference from Hilo) Ms. Susan L. K. Lee Loy, Member (via videoconference from Hilo) Ms. Valerie T. Poindexter, Member Mr. Herbert M. "Tim" Richards, III, Member(via videoconference from Hilo) Ms. Rebecca Villegas, Member PLEDGE OF The Acting Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Ms. David led the Council in the Pledge of Allegiance.) PETITIONS, The Acting Chair directed the Council to proceed to the next order of business, MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (There were none.) EXPRESSIONS OF CONDOLENCE: STATEMENTS The Acting Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Acting Chair: Hawaii County Council-54 October 21,2020 Kalani Lyman: Res. 732-20 (Comm. 1073), in support. Chris Yuen: Res. 732-20 (Comm. 1073), in support. Noelie Rodriguez: Res. 732-20 (Comm. 1073), in support. Sandra Demoruelle: Res. 741-20 (Comm. 1091), in opposition. (See Comm. 1091.2) Jerome Warren: Res. 741-20 (Comm. 1091), in opposition. Cory Harden: Res. 732-20 (Comm. 1073), in support. ACTING CHR. EOFF: Thank you. MS. AIELLO: Thank you, Madam Chair. That was it but I just wanted to announce to the testifiers that are watching: We're going to remove you from the meeting now. So, if you want to continue viewing the meeting,please go to the livestream online, the County's streaming page. Thank you. ACTING CHR. EOFF: Thank you. Then I guess at this point, we can close public testimony. I was thinking we might want to take Bills 200 and 201 out of order at some point. Maybe not right at first, but just because there's people here waiting. And also if there are any other people from the Administration or anyone in Hilo, that you can let me know,please, if we should take some of the other items out of order. But I know Ms. Poindexter wants to take Resolution 732 in order, so how about we just start from the top and I'll take those two things and then see if we need to skip down. So, Communication 1101. APPROVAL The Acting Chair directed the Council to proceed to the next order of business, OF MINUTES: Approval of Minutes. (There were none.) COMMUNI- The Acting Chair directed the Council to proceed to the next order of business, CATIONS: Communications. Comm. 1101: REPORT OF ATTENDANCE OF COUNCIL MEMBERS DAVID, EOFF, KANEALI`I-KLEINFELDER, AND VILLEGAS AT THE ENVIRONMENTAL MANAGEMENT COMMISSION MEETING HELD VIA ZOOM CONFERENCING ON SEPTEMBER 23, 2020, PURSUANT TO HAWAII REVISED STATUTES SECTION 92-2.5(e) From Council Member Rebecca Villegas, dated September 23, 2020. Motion to Close Ms. Villegas moved to close file on Comm. 1101. File: Seconded by Ms. David. Page 2 Hawaii County Council-54 October 21,2020 ACTING CHR. EOFF: It's pretty self-explanatory. You just need to maybe restate the purpose. MS. VILLEGAS: I just wanted to let everybody know that we participated in a meeting at the Environmental Management Commission via Zoom conferencing on September 23rd. And so, we just wanted to make sure everybody knew that we were all in attendance in order to avoid any Sunshine Law violation potential. ACTING CHR. EOFF: Any other comments? Hearing none, all in favor please say "aye." Vote on The motion to close file on Comm. 1101 was carried by Comm. 1101: the following voice vote: Filed Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Okay, motion carries. ORDER OF The Acting Chair directed the Council to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Res. 732-20: AUTHORIZES PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISITION OF A PERPETUAL, UNOBSTRUCTED, NON-EXCLUSIVE EASEMENT FOR PUBLIC PEDESTRIAN INGRESS AND EGRESS THROUGH PRIVATE PROPERTY, BEING A PORTION OF TAX MAP KEY NUMBERS: 2-7-004-118 AND 2-7-027-065, SITUATED AT PAPA`IKOU, SOUTH HILO, ISLAND OF HAWAII, TO PROVIDE PUBLIC PEDESTRIAN ACCESS TO THE BEACH AT PAPA`IKOU Authorizes the Corporation Counsel to initiate proceedings in eminent domain for the taking, acquisition, and condemnation of private property for the purpose of expanding public access to the beach area located at the end of Mill Road. Reference: Comm. 1073 Intr. by: Ms. Poindexter Approve: FC-141 Note: First of two required readings, Section 101-13, Hawaii Revised Statutes Motion to Approve: Ms. Poindexter moved to adopt Res. 732-20 and Finance Committee Report No. 141. Seconded by Ms. David. Page 3 Hawaii County Council-54 October 21,2020 ACTING CHR. EOFF: Ms. Poindexter MS. POINDEXTER: Yeah and I think we had a nice, healthy discussion in our Committee meeting, so I don't have to continue explaining. I think it's self- explanatory. We also heard from the testifiers, and I just ask for your support. Thank you. ACTING CHR. EOFF: Thank you, Ms. Poindexter. Are there any other comments or questions, Council Members? MR. CHUNG: Yeah, Karen. It's me, Aaron. ACTING CHR. EOFF: Mr. Chung. MR. CHUNG: Not to belabor the point, but I just want to reiterate what I said the last time about—first of all, I'm going to support this. I think it's a good thing to allow the public access to that area. But I'm still kind of wondering out loud why this has to be an eminent domain proceeding. The last time, Mr. Kamelamela was here and said that it's difficult to doI'm just thinking out loud—maybe a quiet title. All the testifiers spoke in terms of the public's right to have access to that beach. Now, if there's no legal avenue for the public to have those rights protected in a legal forum, where do we go to protect our rights? If it is a right, there has to be some sort of legal avenue other than an eminent domain. Because if we do eminent domain, as Mr. Yuen stated, then you don't have to go full compliance with ADA (Americans with Disabilities Act of 1990). What does that mean? That must mean partial compliance. So, there are all these different factors that have to be considered. I think it's a good option to have, but I still think the Corporation Counsel's office should be directed to also explore other options that aren't going to cost the County money and to assert and protect the rights of the public. That's just my thought. Thank you. ACTING CHR. EOFF: Okay, thank you, Mr. Chung. Ms. Poindexter. MS. POINDEXTER: Yeah and I appreciate that because when you talk about cost. However, we talk about being able to work it out with people who come to this island and buy up our shoreline access or even our mountain access, for the hunters. It would be great if we could work it out and they could understand that, but this has been a battle with the landowners. And if we have to go through it this way, I say do it because we need the access. And throughout Hamakua, we're struggling with all of that. And I'm hoping that this is going to be an eye opener for a lot of landowners who have blocked the access that our communities have had for generations. And so, anyway, that's my thought on it but I do appreciate Chair Chung's input on this. Page 4 Hawaii County Council-54 October 21,2020 To some degree, I agree. But again, it's how well we can work it out with the landowners. And in this case, it was almost impossible. So, I yield at this time. Thank you, Madam Chair. ACTING CHR. EOFF: Okay, thank you, Ms. Poindexter. MR. CHUNG: Karen, it's me again. ACTING CHR. EOFF: Okay, go ahead, Mr. Chung. MR. CHUNG: Yeah, I want to make sure that everybody understands what I'm saying over here. If we're trying to assert a right, that doesn't mean we have to work things out with the landowner. Even Val just mentioned the public's access many years to that property. To me, that indicates that there are prescriptive rights that have gone on for hundreds of years, or maybe about at least a hundred years or more. I'm not saying we've got to work it out. When you're talking about prescriptive easements or the rights of the public to access a parcel, no, I'm not in any way suggesting that's something to work out. I'm just suggesting that there has to be another way to go and assert the public's right because this one, eminent domain is we're taking over ownership over a property. The other one is we are asserting or protecting the rights of the public. That's two different concepts. Both will get us to the same place, but I'm just thinking the prescriptive rights avenue is probably the best way to go. That's all I'm saying. But I'm not saying to work it out or anything like that. Thank you. ACTING CHR. EOFF: Okay, thank you. Ms. Poindexter just wanted to comment(inaudible). MS. POINDEXTER: Yeah and I agree with that. And the problem is State versus County, right? In a lot of cases, the State will have to do something so that we can have that right. And the public felt that we should be working with the County versus the State. And we looked at State law. So, everything was done with the consultation of Corp. (Corporation) Counsel. And through the yearsI mean, I've been in office eight years. I've been doing this for eight years. And this happened prior to me. So, a lot of times, working it out with the State is real difficult to do. And I think taking County action for the people of Hawaii County was the right way to go. So, anyway, thank you. Aloha. ACTING CHR. EOFF: Thank you. Ms. David. MS. DAVID: Thank you, Chair. Could I ask Ms. Poindexter a question? Is that all right? ACTING CHR. EOFF: Sure, go ahead. Page 5 Hawaii County Council-54 October 21,2020 MS. DAVID: Yes. Ms. Poindexter, a testifier referred to a litigation that happened years ago when this first started, and that's why this resulted in where we stand right now in eminent domain. The litigation was—what was the court decision on that? Do you know if they directed you folks to go back and do an eminent domain or ? MS. POINDEXTER: No, they directed us this time. This is the only time we went to court on this case. And when it was first brought forward, it was brought forward by Council Member Dominic Yagong working with Chris Yuen. So, Chris Yuen helped to draft that and worked through our Corp. Counsel—whoever Corp. Counsel was at that time—and then worked through this process, then it went to court. So, it was just I forget what month it was. Joe, are you in the chambers? If you couldI don't know the exact dates. MS. DAVID: I'm just curious. I mean, I understand. In fact, I really agree with Chair Chung's statement about this being prescriptive easement rights and inherent rights. And that is something that exists. And so, I'm curious what the court said in sending you folks back to do an eminent domain. I'm confused with that. MS. POINDEXTER: Yeah, the court didn't send us back. We could have appealed the decision and we chose to bring a new case forward. Joe, are you there? MR. BROWN: Mr. Kamelamela is not in the Hilo chamber. MS. POINDEXTER: Okay. Is Chris Yuen still available by ? No, he's not? Because, he's been there through it all. Yeah, I don't know. MS. DAVID: Okay, no, I really support this. I just agree that the method that Corp. Counsel is suggesting—eminent domain—my question is, in the general public and the native community in asserting these inherent rights, especially on an existing trail that has been used and understood that it existed there prior to this current owner and been used as such. I'm going to support this but it just seems that another right or another form of litigation to confirm that. So, I'm just I can get my answers later on, but I just really think that there is some substance to the method that we're doing this because inherent and prescriptive rights last forever. The County will definitely own this portion of the property through an eminent domain proceeding. So, I just have that question. ACTING CHR. EOFF: Ms. David, this MR. CHUNG: Karen? ACTING CHR. EOFF: Mr. Chung. Page 6 Hawaii County Council-54 October 21,2020 MR. CHUNG: Yeah. I wish I was there so you guys could see me because I'm not trying to throw a monkey wrench into this mechanism here. I fully support the intent and I support the measure. But what happened is, with that first matter when it went to court, I think it was thrown out because of a defective resolution, which has been corrected by Val, to her credit. So, I'm not saying that this is bad. I'm just saying that we should explore other options as well, not exclusive of this thing, not to exclude the eminent domain measure. But they both can be considered. It just troubles me when people talk about rights. And if I had a right and my lawyer told me, "Well, we can't do anything to protect your rights,"that kind of flies in the face of everything that I hold dear. And I know for Maile, she gets it. And I know Karen gets it too because they're involved in the past decision. So, when you have rights, we should be able to assert those rights and protect those rights, and that's all I'm saying. But I'm not trying to say "no"to this matter. I'm just saying we should explore all options. That's all. Thank you. MS. POINDEXTER: Chair? ACTING CHR. EOFF: Ms. Poindexter. MS. POINDEXTER: Yeah and I hear you guys. I've been through some of the conferences and they talk about the past case and all of that. But in this, I mean, they don't have this organized body, from what I saw, that would be able to lead that like with what you guys did, unless we have somebody like that coming and working that out—and how many years. I mean, how long did it take you guys from start to finish? No, from start, when you guys were lobbying and picketing? ACTING CHR. EOFF: Twenty years. MS. POINDEXTER: About 20 years, right? It's different. ACTING CHR. EOFF: I don't think Mr. Chung is suggesting one over the other but just to explore all the options. MS. POINDEXTER: No, but what I'm saying is because you guys are using that. But then for our people, can we do that? Do we havea lot of the people are in their they're kupuna already. And then some of the younger ones too. But people coming from all over the island to utilize this place. But you cannot compare it, to me, to that case because you guys had a great organized body and was able to execute it in a way. But it took over 20 years. I'll listen to more of what you may have to say. Thank you. ACTING CHR. EOFF: Thank you. MR. BROWN: Excuse me, Madam Chair? Page 7 Hawaii County Council-54 October 21,2020 ACTING CHR. EOFF: Yes? MR. BROWN: I just got a message from Corporation Counsel. Joe is on his way. He should be here very shortly. ACTING CHR. EOFF: Okay, great. Thank you. Ms. David wanted to chime in again unless there's someone else MS. POINDEXTER: Oh, Chris Yuen's here. MS. DAVID: Yeah. ACTING CHR. EOFF: And I see Chris Yuen is here too. MS. DAVID: Yes, thank you, Chair. I totally understand what you're saying, Val, about that. It's not that I don't support this. I do. And the rights of the people to access and gather is definitely the high point of my supporting this. And I will support this. Make no doubt about that. It is my question to Corporation Counsel that once we support this and this passes, does that preclude anyone from doing anything else to assist in getting the access recognized and keep it going, as opposed to an eminent domain? I just want to know that we have options because rights are rights, whether we exercise them or not. And so, if Joe can answer that question, if there's options to pass this as is, which I support, can someone still take an issue about the inherent and prescriptive rights to support this along the way? ACTING CHR. EOFF: And Chris Yuen is there. MS. POINDEXTER: Madam Chair, Chris Yuen is onscreen and I think Maile early on had some questions about the very onset of this resolution, which I was not in office at that time, and it didn't go to court until much later. But, Chris, you're there. Did you hear the questions and are you listening to the discussion, and would you like to chime in on that? (Note: At this time, Mr. Chris Yuen came forward to address the members of the Council, via videoconferencing.) MR. YUEN: Yes, I did hear the discussion and those are all very good questions. And I understand exactly where Council Chair Chung and Council Member David are coming from with these questions. Unfortunately, when establishing a prescriptive easement—and I did look at this some years ago and I talked to a number of people who had used Papa`ikou beach over the years. The Hawaii Supreme Court's last decision on prescriptive easements basically said that you had to establish the people used the same path for over 20 years, exactly the same path. And it just seemed difficult to prove that they had used Page 8 Hawaii County Council-54 October 21,2020 exactly the same path for over 20 years. They'd used a number of paths to the beach. And unless the Supreme Court—but this is a difficulty with establishing a prescriptive easement. Some of those paths don't exist now or are not feasible to use now because of overgrowth. And also, I think,possibly because of the construction of the zigzagging trail down to the beach by the owners may have obliterated parts of a path that had existed in the past. So, that's the basic reason why the people that I've been working with looked at eminent domain rather than a separate court case for prescriptive easements. ACTING CHR. EOFF: Okay, thank you. Ms. David, you still have the floor. MS. DAVID: Thank you, Mr. Yuen, for that. That explains a lot. And so, that explains why we're here. Okay. No, I won't change my mind. I will support this, Ms. Poindexter. I will because that's a subject matter that is very important, I feel, not for just this resolution but for everyone it affects. Corp. Counseloh, I see Mr. Kamelamela. Mr. Kamelamela, I just have one more question for you, and that is, if we move forward on this eminent domain proceedings resolution, does that preclude anyone from also seeking other remedies to establish the native tenant rights to access and gather and that sort of thing? Does this preclude someone from doing that down the line? (Note: At this time, Corporation Counsel Joseph Kamelamela came forward to address the members of the Council, via videoconferencing from Hilo.) MR. KAMELAMELA: Good morning. ACTING CHR. EOFF: Good morning. MS. DAVID: Good morning. MR. KAMELAMELA: Good morning. Joseph Kamelamela, Corp. Counsel. No. So, I'm not too sure if I made myself clear the last time, but we had explored the possibility of also including another count in order to get access for the public here. So, one way to do it is through condemnation and then the other way is what Chairman Chung has said. So, nothing precludes us from doing it in a lawsuit. MS. DAVID: Okay, thank you very much. MR. KAMELAMELA: And just to answer your question, sorry, it doesn't preclude other people from also filing. But I don't see that as a possibility right now. Page 9 Hawaii County Council-54 October 21,2020 MS. DAVID: Okay. Well, thank you for that. That answers my questions and, hopefully, this can be resolved further down the line. My concern is precedence setting to protect native rights to gather and inherent rights to access. This sets a precedence that it be done by eminent domain down the line. So with that, I yield, Chair, and I just thank you for your explanation and I will support this. Mahalo. ACTING CHR. EOFF: Thank you, Ms. David. Anyone else from Hilo still wants to comment? MS. LEE LOY: Chair? ACTING CHR. EOFF: Go ahead. MS. LEE LOY: Yeah, Chair, I do. And I'm actually excited right now because we have Karen and Maile, subject matter experts on the PASH (Public Access Shoreline Hawaii) decision. Chris Yuen's on the line, who's been a mentor for me as a planner, and now Joe. And I have just a real simple question. Because, I absolutely get the prescriptive rights. What we have in front of us is an easement for eminent domain. And my question is centered around how do we eminent domain five acres over and across someone's property without impacting the entire TMK (tax map key)? This is what is very exciting to me because this is precedent setting in my thought process and my years around land use. MR. KAMELAMELA: So, actually, the only impact to the property would be because there is a well-defined path. And so, it's that path that is described in the maps that we had seen, that it's been involved. So, this is an easement. And so, we're not taking this fee simple. And we intend to just focus in on the path so, down the road, to also use similar routes that Parks and Rec. (Recreation) had used to kind of regulate the area, closure time, making sure that people take care of the trail. I know that there's community groups lined up already to try to take care of it. MS. LEE LOY: Thank you. I would definitely be watching this one. It's unique for sure. But with that, I will be supporting this. As Chair Chung said, I still think we have other avenues because we have rights. As Chris described, maybe the pathway down has changed on the ground, but there's an inherent right that they got to the shoreline over and across that property. But with that, Val, I stand in support with this one, but I'll definitely be watching how this unfolds with the property owner and the process that the County takes with eminent domain in this easement. Chair, I yield. ACTING CHR. EOFF: Thank you, Ms. Lee Loy. Mr. Chung. Oh, I'm sorry, Mr. Page 10 Hawaii County Council-54 October 21,2020 MR. CHUNG: Are you going to let me talk again? This is my fourth time but I haven't spoken in three minutes altogether, actually. ACTING CHR. EOFF: Okay. Do you mind letting someone else go before you? MR. CHUNG: Sure. ACTING CHR. EOFF: Mr. Kaneali`i-Kleinfelder had his light on—I didn't notice. MR. CHUNG: Yes. ACTING CHR. EOFF: Okay, thank you. Go ahead, Matt. MR. KANEALI`I-KLEINFELDER: I appreciate the discussion because I don't have the history and I don't have the knowledge that my other Council Members have, and people like Chris Yuen. But just as a surfer, I've been surfing there since 2001 and the trail that I always use was the same zigzag trail that goes down there. So, it's disappointing to hear that a court would throw out the case or push the case back to us because we can't prove that the same trail has been in use. I mean, with all the State law and things—and precedent and law that was set in place from the basis of our State Constitution that protects our rights and Hawaiian rights to access and gather and everything else, and yet the court would kind of disregard that and say, "Well, you can't prove that you've used this for 25 years or 20 years for the same path." And I'm very disappointed in that decision. Just the other day, having a discussion with a community member, the same style of thinking where you have to prove that this has been an area that's been used for a certain thing for a number of years. And the thought process that I received was, why should we have to prove anything? We still use it and we're a living culture. Why is this constant need for proof needed? It's disappointing. It's really disappointing to me. Being new to the Council and understanding law and not having been through the past decisions like Maile and Karen, I would think that what we afford by law should be followed. And to see slight variations given and to see community members who fish, who surf, who go to places that were shown to them by their parents and their parents' parents' parents' parents, and you have to go back and prove that to get a property owner to provide access to the property or the place that you fished at since you were a kid, to me it's discouraging and it's disappointing. So, I think the State should get their whatever you want to call it in order and provide that access to the public that's granted by law, and stop playing games. Page 11 Hawaii County Council-54 October 21,2020 And this place in particular has been fought over for so long. And we have to come to a point where we have to do eminent domain in a resolution from a court case to fight the home or the property owner for our public's right to access a place that's been used for more than 20 years. To me, that's discouraging. That is a failure at many different levels. So, I fully support this and it never should have come to this point. And maybe there's different methods we should have taken, but I don't think it should even come back to the Council. I think the court system should have figured this out in the beginning. That is just my humble opinion as a new Council Member, but this has been going on for hundreds of years. And I think, "Enough already!" So, that is my input for today. Val, thank you for bringing this forward. I fully support this. And good job. And for the community,just keep pushing because this is stupidity at its best. ACTING CHR. EOFF: Mahalo. Let me go back to Mr. Chung. MR. CHUNG: Yeah, thank you for letting me—can you hear me? ACTING CHR. EOFF: Yes. MR. CHUNG: Yeah, thank you for letting me speak again, Karen. And hopefully, I can alleviate some of Mr. Kaneali`i-Kleinfelder's disappointment. When Chris Yuen spoke of that Supreme Court decision, he wasn't speaking about this issue, this parcel in particular. He was speaking about precedent, I'm pretty sure, because this thing never went to court on that issue. But what he said was he's used that zigzag trail for a long time. So, really, what this thing is going to come down to is a factual determination as to where that trail exists. And if it was a series of trails, that's okay too. Nobody said that it has to be on one exact line or a zigzag line. It could be a series of zigzag trails leading down to the beach. But Chris was not talking about a court case involving this parcel. I want to make sure that everybody understands that. And I've got to, first of all, reiterate that I'm in full support of whatever measure it takes to get the public access to this property. And if eminent domain is the way, then so be it. But Val talked about, oh, if we go protecting the constitutional rights and prescriptive rights, that's going to take 20 years like PASH's decision took. Look, we've already been over 8 years with this eminent domain thing. So, what's to say we're not going to be here 8 years from now and saying the same thing? We've got to make sure we pinpoint the solution to this matter so that we can move quickly. An eminent domain proceeding, I'm not an expert in this area but I know there's two elements to it. You have to have a finding of a public purpose, and you have to have just compensation paid to the landowner. If you go constitutional rights, well, not constitutionalI guess it would be State constitutional rights there's Page 12 Hawaii County Council-54 October 21,2020 no compensation to the landowner. Okay? And it's not the cost factor that I'm looking at. I'm just, again, saying that if we have a right, why the heck can't we assert our rights? Why do we say, "Well, we shouldn't because we think the court's not going to side with us"? A right is a right. Prescriptive, I mean, easements are very discretionary on the part of the court. So, I would say if we have the two options and Joe already said that going with eminent domain does not preclude us—well, let me back up. Approving this resolution does not preclude us from seeking other avenues as well, okay. But I just wanted to bring that up. I didn't think it was going to end up in this protracted discussion, but I think it's been productive, actually. I just wanted to state my views for the record. But I really thank Maile. And I know Karen kind of agrees with my views as well. But, hey, Val, I'm in full support of this measure. Don't get me wrong, okay. I don't want anyone to think I'm trying to obstruct this thing. I'm actually trying to make this thing move faster if possible. Thank you. ACTING CHR. EOFF: Okay, thank you. MS. POINDEXTER: I just have a question because for me, too, on prescriptive rights. ACTING CHR. EOFF: Okay. MS. POINDEXTER: So, I think I want to ask Joe, if I can ask Joe a question too, just to get clarification. Because, I've read where some people went after prescriptive rights and then you used the existing either roadway or whatever they're getting for the prescriptive rights. But then, if any changes to that trail or roadway during the prescriptive rights, don't they have to go back to the landowner for permission? ACTING CHR. EOFF: I think that was a question for Mr. Kamelamela. MS. POINDEXTER: Yeah. MR. KAMELAMELA: Yeah, I'm thinking about that one. So, it actually comes down to what kind of proof you have. Because, you have to prove not only the fact that the amount of years that was used and that—and so, we're going back over 20 years at least. We had people prior to the surfers, we had people fishing, spearing, and maybe even surfing because the Hawaiians surfed too, yeah. And so, those types of rights have always been supported in the laws that we have. So, we need kama`aina testimony to kind of shore that up. And I think we have a lot of that, that was presented to the Council back in 2000 in an effort to show that this particular property had been used for decades or maybe even generations. Page 13 Hawaii County Council-54 October 21,2020 But again, the proof lies on exactly what the trail was. Because, I understand that there had been changes to the trail. So, what I had walked on, seemed like it existed for over ten years. And so, what I heard Mr. Yuen talk about, some of the issues I mean, I understand what he's saying. But as I indicated earlier, too, that is the issue that we intend to also look at. Because if we do file a lawsuit, nothing prevents us from filing two separate counts. MS. POINDEXTER: Thank you, Joseph. My question was, I was just trying to figure out the difference because when prescriptive rights and you make some changes, I thought you have to go back to the landowner if any changes would be made after the prescriptive rights were given. So, that was my question. But that's okay because, right now, everybody's in support of this. It's just understanding the reason for it being this way versus prescriptive rights. So, I don't know if—I'll give one more last comment for Chris Yuen, if you want to chime in on that and what I asked. MR. KAMELAMELA: Val, before we get there, the issue that they were talking about the landowner, we understand landowners change. So, in the past, we had the ali`i and then later on were the tunas during the sugarcane days. And those landowners in the past have allowed the native people to use the land as it is. So, it's a type of relationship that the landowner wants with the community that counts in my eyes. And then for some reason, the relationship presently, I don't think some of the things that's being done is unreasonable. But there's a (inaudible) to really have a good relationship right now with the people there. ACTING CHR. EOFF: Ms. Poindexter, did you want to finish up with Mr. Yuen? MS. POINDEXTER: Yeah, I was just asking Chris, before he just gets off, to just kind of give—out of all of these discussion and questions, do you have a last comment to make? ACTING CHR. EOFF: Mr. Yuen. MR. YUEN: Yes. Well, I appreciate everything the Council Members are saying, and I understand completely what Council Chair Chung was saying about if you have a right, you can assert that right. I'm not saying that a prescriptive easement case couldn't be won, but there is a difficulty in elements of proof when you try to match it up against the last Hawaii Supreme Court case that came out in the 1970s about prescriptive easements. The case, depending on the testimony that comes out, it could possibly be won. There will be disputes in the testimony, but I do think that pursuing this eminent domain resolution is the most expeditious and practical way of assuring long-term public access along a usable trail onto Papa`ikou beach. Page 14 Hawaii County Council-54 October 21,2020 MS. POINDEXTER: Thank you. Okay, I think we've taken up a lot of time on this, and I see Maile chomping at the bit over here. So, I will yield at this time. Thank you. ACTING CHR. EOFF: Thank you, Ms. Poindexter. And I hope everyone is okay that I've been lenient in the discussion, but I feel this is an important issue and I think we're learning a lot. So, if nobody objects, I'll continue entertaining anybody's comments. I see Mr. Kaneali`i-Kleinfelder and Ms. David would like to speak again but let me check. Is there anyone in Hilo that hasn't had a chance to speak? MR. RICHARDS: Yeah, Chair. Tim Richards. ACTING CHR. EOFF: Sure. Go ahead, Mr. Richards. MR. RICHARDS: Thank you, Chair. Listening to the conversation, I, too, will be following this very closely. And, Val, I do support this going forward if this is our best solution. So, question, because we still have Joe here at the table, Joe, from a liability standpoint, condemnation puts liability on the County if we own it. If we just have the prescriptive easement, is that a State liability issue? MR. KAMELAMELA: No, it's a(inaudible). So, currently, there's a recreational statute that protects the landowner. So, since the landowner allows people to use the property, there is some immunity for the landowner. The County doesn't have the same kind of liability. But in a situation like that, as long as we maintain the property and the trail in a reasonably safe manner, the risk of liability and the amount issued is kind of on the small side damage-wise. Because, like, after you walk the trail and the trail is relatively easy to walk, and any type of hazards is observable. So, as long as you stay on the trail, it should be fine. And then, so, the County people may have to just watch this one corner of the trail to make sure that we look at whether erosion is impacting it. But there is a lot of people that use it, a lot of people in the community that can tell us where things have to be fixed. MR. RICHARDS: Okay. And then, to follow up with that, talking about access. ADA compliancy would not be an issue with ? MR. KAMELAMELA: No, not in this situation because this iswe don't intend to improve it. And then even if there is an issue, there are other locations that people with disabilities can go to, to enjoy the same kinds of benefits that's there too. MR. RICHARDS: Okay. I appreciate that, Joe. Thank you. That's as much for the public. I am a little concerned from a precedence standpoint. If there's an Page 15 Hawaii County Council-54 October 21,2020 inherent right and we have to go through condemnation to exert that right, I worry about precedence going forward. But again, Val, I do support this because I hear what you're saying. It's just interesting conversation. Chair, I yield. ACTING CHR. EOFF: Okay. Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Is Mike Yee in the room in Hilo? ACTING CHR. EOFF: I think he might be. Mr. Yee, are you still in the chambers? Yes, he is. MR. BROWN: He is. He's coming up now. ACTING CHR. EOFF: Okay, thank you. (Note: At this time, Planning Director Michael Yee came forward to address the members of the Council, via videoconferencing from Hilo.) MR. KANEALI`I-KLEINFELDER: Good morning, Mike. MR. YEE: Good morning. MR. KANEALI`I-KLEINFELDER: Just a question for you. Maybe about six months ago, Council Member Tamara Paltin from Maui County put up a very long description of all the different rights afforded by HRS (Hawai`i Revised Statutes) for a right to access public access ways. And most of those seemed to fall back to the Planning Department. Specifically for private homeowners obstructing a right of way to a shoreline, there's fines, there's penalties provided by HRS but they always come back to "contact your County Planning Department." How has the Planning Department been involved? MR. YEE: Lucky for you I have April Surprenant who certainly knows—Deputy Director knows a lot more about public access issues. But even then, I will admit we're a little caught off guard. We weren't here today to discuss this, but we will try to do our best to answer your questions. (Note: At this time, Planning Deputy Director April Surprenant came forward to address the members of the Council, via videoconferencing from Hilo.) MS. SURPRENANT: Aloha. April Surprenant, Deputy Planning Director. So, the Planning Department has been involved from an SMA (Special Management Area) standpoint, as well as public access. But in termsI'm not familiar with all of the things the Council Member is the different records that he's referring to so I can't speak directly to those, but we have been watching this closely. We Page 16 Hawaii County Council-54 October 21,2020 would like to see it in County control in some way so that the public would forever have access without interruption. And we will do our best to help implement what the County Council adopts and approves. MR. KANEALI`I-KLEINFELDER: Okay, I'm just looking at different sections of HRS 46-65, 115-5, 115-7, 115-9. All of them regarding maintaining public access to and along shorelines and, generally, counties having the primary authority and duty to develop those access ways. And then also, they go on to state that the State, under its Na Ala Hele program, is responsible for management and maintenance of public rights of way that are part of the trail system, but we're supposed to keep an inventory of all public rights of way at the Planning office. I'm following up to see, do we have a list? MS. SURPRENANT: So, we do have a list and it is being updated as we speak. We're working with some UH (University of Hawaii) students that are helping to update our geodatabase. We also do work very closely with Na Ala Hele in terms of implementing their plans and coordinating our plans as well. Through our Subdivision Code, we include requirements. And sometimes our rezoning ordinances, we require the public accesses be put in place and easements and grant of easements that you all actually adopt. So, we do have that program and we're furthering that program as we speak and updating it. MR. KANEALI`I-KLEINFELDER: Do we have ordinances in our County Code that require a property owner to provide access? MS. SURPRENANT: The Subdivision Code, yes. MR. KANEALI`I-KLEINFELDER: This wasn't a subdivision, though. This is just a regular parcel. MS. SURPRENANT: We can also require it through SMAS, and we do that particularly with SMA majors. MR. KANEALI`I-KLEINFELDER: Has that been done on this property? MS. SURPRENANT: I don't think that'sno, that has not been done on this property because they've had no action since this has been going on. And since this owner has owned it, they have not done any land use actions that would then require it. So, they haven't come in for a subdivision, for example, and they haven't come in for an SMA that would then give us the ability to require that access. MR. KANEALI`I-KLEINFELDER: Well, then-but the State precedent, there has to be an availability of access there. Correct? MS. SURPRENANT: With State precedence? Page 17 Hawaii County Council-54 October 21,2020 MR. KANEALI`I-KLEINFELDER: I mean,just by State law, we're supposed to have access. MS. SURPRENANT: Well, one of the considerations yes, we have to have public access but one of the considerations with this particular property and the reason why eminent domain was brought up, in my recollection, eight years ago, is because this access is private. It's privately owned. And so, this landowner doesn't—and the reason why they close their access from time to time is to maintain their private status. And I don't know all the legal portions of that and perhaps Corporation Counsel could address that, but that's why they close it from time to time is to maintain their private rights. MR. KANEALI`I-KLEINFELDER: When did they buy the property? What is the history? MS. SURPRENANT: I do not know. MR. KANEALI`I-KLEINFELDER: Does anyone know when they bought the property? ACTING CHR. EOFF: Mr. Yuen might. Chris MR. KANEALI`I-KLEINFELDER: Chris, are you aware of when they bought the property? MR. YUEN: Yes. In the early to mid-1990s. MR. KANEALI`I-KLEINFELDER: Mid-1990s. I mean, I would assume that there was access before they bought the property. MR. YUEN: People have gone across the property on various routes to get to the beach for many decades. MR. KANEALI`I-KLEINFELDER: Okay. Interesting. Okay, so, interesting summary of events that really just highlights that this property owner really does not want to work with the community. Thank you for your time. I appreciate it. Thank you for being there, Planning Department. I appreciate your input. I'll be following up on the Na Ala Hele list that you guys have so I can take a look at that. Mahalo. ACTING CHR. EOFF: Thank you. Ms. David. MS. DAVID: Thank you, Chair. And I promise this will be the last time I speak. I'm fully in support of this. Mr. Kaneali`i-Kleinfelder raised his comments about if these are laws and the State is obligated and the County is obligated, why aren't we doing it? So, that raised a real sentimental issue in me because that is the Page 18 Hawaii County Council-54 October 21,2020 reason why I think Ms. Eoff and I got involved way back in the day, is because we understood that there are all these rights and protections that appear in our constitution and in our laws, but what was happening on the ground was totally opposite. So, what you're saying is totally true. And why we became community activists or community advocates was for that reason, specifically. We were told that unless and until someone brings it forward in a court of law where a decision can be made, implementation is really at the whim of the government whether they implement it. If no one raises the issue, nothing will happen. "Business as usual" is what the old style was. So, 20, 30 years ago, that was such a commonplace happening, and that's what drove us in the PASH. Although it didn't—and my passion is the inherent rights of the native to access and gather because those are constitutionally protected. And for us—and Karen was very involved with former Council Member Angel Pilago in doing the PASH litigation. And that wasn't based on prescriptive or inherent rights, but that was based on standing, whether a native had standing to even oppose what was being proposed. So, in that standing, it was based on the inherent rights of native Hawaiians to access and gather. So, this is what is really attractive to me in this proceeding is because I've heard the testimony of the native community saying that this area is so special and has been used for access and gathering for years and years. And so, that is basically my reason that I really support this and thank Ms. Poindexter for bringing this forward. And I love that we have options. Thank you. ACTING CHR. EOFF: Thank you. Are there any further comments, Council Members? Well, seeing none, before we do vote, I would just like to say that my experience through all of that litigation and etcetera, learning curve, was that we're always in this really delicate kind of situation here in Hawaii. It's like a balancing act—trying to balance the western concepts of property in law with the Hawaiian rights to access and gather for subsistence and the protection of our public trust resources. It's always because land is so valuable here in Hawaii that it becomes an issue. But I think some of the precedence that we have set should help us going forward. And maybe there needs to be more lawsuits. Or maybe we just need to interpret our laws better as we evolve as a community and as a government, to be able to establish a way to balance all of these rights here in Hawaii at this time. Anyways, we'll go ahead and take a vote. All in favor—I think we don't need to do a roll call vote. All in favor of supporting Resolution 732-20, please say "aye." Page 19 Hawaii County Council-54 October 21,2020 Vote on Res. 732-20: The motion to adopt Res. 732-20 and Finance Committee (Adopted) Report No. 141 was carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff–9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Thank you very much, everybody. And before we close, I just want to thank Mr. Yuen. He's been there for a long haul. As long as I've been in Hawaii I think over 40 years—I've known him to be a fighter for these kinds of causes. So, mahalo, Chris. MR. YUEN: Thank you, all. MR. HENRICKS: Madam Chair, before you proceed, I just wanted to recognize that this was the first of two required readings. ACTING CHR. EOFF: Oh, thank you for that. Okay, so, we'll have this back on the agenda in two weeks. MR. HENRICKS: Yes and we'll publish a full notice of the contents of the resolution and the vote count in between the readings, pursuant to State law. ACTING CHR. EOFF: Okay. And so, that's because it's an eminent domain reso (resolution)? MR. HENRICKS: That is correct. ACTING CHR. EOFF: Okay, thank you, Mr. Clerk. Okay, I'd like to take Resolution 733. I know people from Housing are here and in Hilo. That would be the next item on the agenda. MS. LEE LOY: Yes, Chair? ACTING CHR. EOFF: Oh, I'm sorry. Ms. Lee Loy. MS. LEE LOY: And then Planning Department is also here for Bills 200 and 201. ACTING CHR. EOFF: Yes, I was going to take that next, after the Housing resolution. Page 20 Hawaii County Council-54 October 21,2020 MS. LEE LOY: Thank you. ACTING CHR. EOFF: Okay, thank you. Go ahead. Res. 733-20: AUTHORIZES THE EXEMPTION OF CERTAIN CODE REQUIREMENTS, PURSUANT TO SECTIONS 2011-1-38 AND 46-15.1 OF THE HAWAII REVISED STATUTES, FOR WEST KAWILI STREET SENIOR/VETERAN HOUSING IN SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-057:030 HKI Kawili LLC seeks certain exemptions from certain code and zoning requirements to facilitate the development of 91 affordable housing units, a managers resident unit, and a community center, located at the corner of West Kawili Street and Kapi`olani Street. Reference: Comm. 1079 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-55 Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 733-20 and Planning Committee Report No. 55. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I have Housing Administrator Duane Hosaka here if folks have any questions about this. But this is our second 201H project that has come under our review. Just to remind everyone, this is the affordable housing unit for veterans and their spouses. So, he's here to answer any questions, but I believe that we had a robust discussion during Planning Committee and everyone was in support of this project. Thank you, Chair. I yield. ACTING CHR. EOFF: Thank you for the background. Council Members, do you have any questions of Housing at this time? I know we also have the developer on standby via WebEx if there are any questions. Hearing none, all in favor please say "aye." Vote on Res. 733-20: The motion to adopt Res. 733-20 and Planning Committee (Adopted) Report No. 55 was carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. Page 21 Hawaii County Council-54 October 21,2020 ACTING CHR. EOFF: Motion is carried. Okay, thank you very much. Mr. Clerk, can you please read in Bill 200? Change Order As directed by the Acting Chair and with no objection from the Council of Business: Members, the following items were taken out of order: Bill 200: AMENDS ORDINANCE NO. 05-115 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—FIVE ACRES (A-5a) TO NEIGHBORHOOD COMMERCIAL (CN-20) AT PUAPUA`AIKI IST AND PUAPUA`ANUI 1sT NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-017:001 (Applicant: Pua`a Development, LLC) (Area: 14.973 Acres) The Leeward Planning Commission forwards its unfavorable recommendation for this amendment, which would allow revisions or time extensions to 11 conditions in the existing change of zone ordinance. The property is located west(makai) of Queen Ka`ahumanu Highway and the Pualani Estates Subdivision, and about 1,400 feet north of the Queen Ka`ahumanu Highway. Reference: Comm. 1077 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-56 ACTING CHR. EOFF: Mr. Clerk, can we read both bills at the same time, or is it better to do just one and then the other? MR. HENRICKS: I don't think that's necessary. ACTING CHR. EOFF: Separate? MR. HENRICKS: Yeah. Probably better just to keep them separated for now, as they were presented as separate change of zone ordinances for whatever reason. ACTING CHR. EOFF: Okay, thank you. Ms. Villegas. Oh, Ms. Kierkiewicz. Motion to Approve: Ms. Kierkiewicz moved to pass Bill 200 on first reading and adopt Planning Committee Report No. 56. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: We do have Mr. Sidney Fuke here and the applicant, as well as Mr. Ken Van Bergen. And I know MS. KIERKIEWICZ: Chair? ACTING CHR. EOFF: Yes? Go ahead. Page 22 Hawaii County Council-54 October 21,2020 MS. KIERKIEWICZ: I also want to note Planning's presence here in Hilo, but I did want to provide an update to the group because I was able to co-host a meeting with Council Member Villegas earlier this week with both the Planning Department and the applicants. ACTING CHR. EOFF: Okay. Then, you have the floor. MS. KIERKIEWICZ: Thank you. We hosted a discussion earlier this week about close to two hours. There were three areas of concern that needed to be resolved. We're not quite there yet in resolving all of those issues. So, I'm going to request that we postpone both Bills 200 and 201, giving Council Member Villegas and I an opportunity to further work with the Planning Department and the applicants to finalize the amendments, with the idea being that these amendments be finalized and read into the record via communication. And that being a tool that Council Member Villegas, in partnership with the applicant, can be used to share with community. That way, there's buy-in and understanding before we get to the next Council meeting. So, that's just my request and I can wait to make the formal motion to postpone at the end of the discussion. Thank you, I yield. ACTING CHR. EOFF: Okay, sure. We can go ahead with discussion before you make that motion then. Ms. Villegas. MS. VILLEGAS: Yes, I want to thank both the property owner and Mr. Fuke, the representative, and Mr. Van Bergen and the Planning Department and all of the staff for taking the time on Monday to have the conversation, and also for the preemptive work that was done by the department already with Mr. Fuke to identify and put back in a lot of the terms and amendments that had been prior removed. This is one of my first opportunities to work more in-depth with a landowner and on planning issues and time-extension issues. As such, something that I really appreciate about the process in this capacity and in this circumstance is it's a little bit different in many ways. And I have been inundated by requests from constituents to postpone this from moving through first reading, which was going to happenI was going to ask for today—so that they could get familiar with some of the changes that had been made and catch up on the status of where things were. This was not forwarded with positive recommendations, both from the Planning Commission or the Planning Director, which made it unique. But I really feel like this is also an interesting example of the County Council, in our ability to sit with the different members, which, for whatever reason, couldn't get to where we are now. I'm really grateful that we were able to do that. When we met on Monday, there were only three issues that still had to be resolved, and in a two-hour conversation. Just person to person, based on relationships and potential precedence and compromise and understanding and, Page 23 Hawaii County Council-54 October 21,2020 kind of, diligence and commitment to coming to a resolution. I really feel like well, I know that we were able to come to conclusions on those three issues. And I'm very hopeful that the constituents of this district will be pleased with how that's come about and that we are getting to where ideally the agreements would have already been made, either through the Planning Commission or through the Planning Director. But I just want to thank all of you for your patience and graciousness with me in this process. And I feel like the goal is that we serve the people and we treat one another with respect and dignity and that we don't compromise precedent when it comes to land use issues and zoning changes and whatnot. And in this challenging time, I'm grateful that we could all take that stance. And even though it was under irregular circumstances, I thank you for making the adjustments and conceding to their request and the requirements of Planning. And I look forward to the amendments being brought forth by way of a communication and the updated bills being available for our constituents to review and take a look at, and recognize that we are kind of—we're getting to where we needed to go, even if we got there a little bit differently. That seems to be the ironic theme of 2020. So, thank you once again. And thank you, Ashley, for setting up that meeting and sitting with us. And thank you, Planning Department, for your guidance and your wisdom and, Mr. Yee, for your contributions and sticking to your guns when you needed to, but also allowing for some flexibility when it was necessary. I'm very hopeful that, as the amendments come forward, not only will the developer and the potential buyer, but also our constituents will be able to rest more easily as we move forward with this process. So, thank you again. I yield. ACTING CHR. EOFF: Thank you so much, Ms. Villegas. Any other comments, Council Members, before we get that motion to postpone? Seeing none, then, Ms. Kierkiewicz, did you want to do that? MS. KIERKIEWICZ: Yes. Thank you, Chair. Vote on Motion to Ms. Kierkiewicz moved to postpone Bill 200 to Postpone: November 6, 2020. Seconded by Ms. Villegas and carried (Approved) by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff–9. Noes: None. Absent: None. Excused: None. Page 24 Hawaii County Council-54 October 21,2020 ACTING CHR. EOFF: Motion carries and thank you to everybody for your time. Bill 201: AMENDS ORDINANCE NO. 05-113 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—FIVE ACRES (A-5a) TO MULTIPLE FAMILY RESIDENTIAL (RM-2.5) AT PUAPUA`AIKI IST AND PUAPUA`ANUI 1sT NORTH KONA, HAWAII, COVERED BY TAX MAP KEY 7-5-017:019 (Applicant: Suffolk Investment LLC) (Area: 14.87 Acres) The Leeward Planning Commission forwards its unfavorable recommendation for this amendment, which would allow revisions or time extensions to 11 conditions to the existing change of zone ordinance. The property is located west(makai) of Queen Ka`ahumanu Highway and east(mauka) of Kuakini Highway and the Kahakai Estates Subdivision, approximately 2,200 feet north of the Queen Ka`ahumanu Highway. Reference: Comm. 1078 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-57 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 201 on first reading and adopt Planning Committee Report No. 57. Seconded by Ms. Villegas. MS. KIERKIEWICZ: Chair, this is a companion measure to Bill 200. So, again, going to be working with Council Member Villegas, Planning, and the applicant to finalize amendments, that with community. So, looking to postpone until November 6. ACTING CHR. EOFF: Okay, why don't you just make that motion then. Vote on Motion to Ms. Kierkiewicz moved to postpone Bill 201 to Postpone: November 6, 2020. Seconded by Ms. Villegas and carried (Approved) by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. Page 25 Hawaii County Council-54 October 21,2020 ACTING CHR. EOFF: Okay, now we can take up—there are several things that Planning is in the chambers for. So, I'd like to skip around a little bit and take care of the Planning issues. So, let's see. Resolution 739. Res. 739-20: 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$1,101,466 of Federally-derived funds to be used by the Office of Housing and Community Development to pay for an increase in Section 8 rent due to the impact of the COVID-19 pandemic. Reference: Comm. 1087 Intr. by: Ms. David (B/R) Approve: FC-147 Motion to Approve: Ms. David moved to adopt Res. 739-20 and Finance Committee Report No. 147. Seconded by Ms. Kierkiewicz. ACTING CHR. EOFF: Go ahead, Ms. David. MS. DAVID: Yes, thank you. I think we discussed this entirely in Committee. We had a unanimous vote on this, and I ask for your continued support. Thank you. ACTING CHR. EOFF: Okay, thank you. Any other discussion? Hearing none, all in favor please say "aye." Vote on Res. 739-20: The motion to adopt Res. 739-20 and Finance Committee (Adopted) Report No. 147 was carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff–9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. I'm skipping around between Planning and Housing right now, but let me just take Resolution 754. Page 26 Hawaii County Council-54 October 21,2020 Res. 754-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII, EMERGENCY MANAGEMENT AGENCY, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE PLANNING DEPARTMENT Allows for the receipt of$195,726.75 of Federally-derived funds for a long-term disaster recovery plan and program focused on hazard mitigation. Reference: Comm. 1117 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 754-20. Seconded by Ms. Villegas. ACTING CHR. EOFF: Any discussion? Ms. David. MS. DAVID: Yes, thank you. I believe Deputy Planning Director April Surprenant is in our Hilo chambers. And I'd like her to come up and kind of give us a briefing on this because this was waived out of Finance so that we could expedite the receipt of funds. So, is Ms. Surprenant stilloh, there you are. (Note: At this time, Planning Deputy Director April Surprenant came forward to address the members of the Council, via videoconferencing from Hilo.) MS. DAVID: Thank you. Good morning. MS. SURPRENANT: Good morning. MS. DAVID: Could you just give us a brief description of these funds? Thank you. MS. SURPRENANT: Absolutely. April Surprenant, Deputy Planning Director. So, this is a grant that we received ultimately through FEMA (Federal Emergency Management Agency), HI-EMA (Hawai`i Emergency Management Agency). It's a hazard mitigation grant, and it's specifically to support the analysis and science studies that we are about to embark on, related to our shoreline setback rules. So, all of the other counties in the State have already done this level of scientific analysis to revise and update their shoreline setback rules, but the County of Hawaii has not yet done that. We currently have a small grant, which you have already approved, through NOAA (National Oceanic and Atmospheric Administration), through the Coastal Zone Management program. And so, those funds, along with this, will be used to work on those scientific studies. Page 27 Hawaii County Council-54 October 21,2020 MS. DAVID: Thank you. Do you have an estimate on how long it will take the County to get our rules regarding this or some form? MS. SURPRENANT: To get the rules, that will take a little time because we have to get these studies done first. We're also working in collaboration with the University of Hawaii - Hilo. And so, we still have to go through the procurement process for professional services. There's a lot of fieldwork that's involved. So, we're working on that scope and timeline now, but it could still be a couple of years before we have a revised shoreline setback rule. MS. DAVID: Perfect. Thank you. Thank you, Ms. Surprenant, for that discussion and timeline. Chair, I yield. Mahalo. ACTING CHR. EOFF: Thank you. Any other questions or comments? MS. KIERKIEWICZ: Chair? ACTING CHR. EOFF: Go ahead. MS. KIERKIEWICZ: Thank you. April,just curious. This particular study, is it being informed by the Hawaii Sea Level Rise Vulnerability and Adaptation Report that was put up by SOEST (School of Ocean and Earth Science and Technology)? I mean, it's like a 300-page document, and I feel it lays a really good foundation for this study. MS. SURPRENANT: Absolutely, yes. MS. KIERKIEWICZ: Okay, great. MS. SURPRENANT: This has more to do with it, so it will take that into account. But this is more to do the on-the-ground work to determine our erosion rates. What makes it more challenging for our island is the amount of coastline that we have and also the variety of different coastal typologies that we have to be able to address. MS. KIERKIEWICZ: Got it. How does this study in any way impact movement to finalize the updated version of the General Plan? MS. SURPRENANT: It's aside from that. So, the General Plan will address general policies related to coastal development and things of that nature. But this is something that has been the setback rule has been something that's been in the works for a long time. But because of our lack of local funding to be able to address these kinds of studies, we've been looking for various funding alternatives to move us forward. Page 28 Hawaii County Council-54 October 21,2020 MS. KIERKIEWICZ: Okay. Thanks for being proactive in looking for funding tools so that we can make sure that our laws and policies are in place, so that we can have responsible development. MS. SURPRENANT: Absolutely. MS. KIERKIEWICZ: Thank you. Thank you, Chair. I yield. ACTING CHR. EOFF: Thank you. Any other comments? Questions? MS. LEE LOY: Yes, Chair. ACTING CHR. EOFF: Go ahead, Ms. Lee Loy. MS. LEE LOY: Thank you. April,pleasure to see you. In addition to this work, we know that we have our own County rules as it relates to shoreline setbacks within the SMA. How is this going to be dovetailed into OCCL (Office of Conservation and Coastal Lands), which is our State office of coastal lands? How is this work going to be dovetailed into our State policies around coastal land? MS. SURPRENANT: We would incorporate any considerations of the State policies into this work, as well as the ocean resources management program that is also managed through the State Office of Planning. So, all of that would be in consideration of this. Yeah. MS. LEE LOY: And then, earlier, you mentioned other municipals have done the work already. Are there lessons learned from that work or even rules that they may have adopted that may be already adjusting that we could actually, as Ms. Kierkiewicz, always just fall forward a little bit and learn the lesson? MS. SURPRENANT: Absolutely. We'll be that's why we participate in our Coastal Zone Management program on a monthly basis with the State and all of the other counties. And so, we will be incorporating their lessons learned, as well as borrowing,perhaps, some language from their rules and laws that they've passed. MS. LEE LOY: Great. And then my final question: We've always had a CZM (Coastal Zone Management) individual in the office of Planning here. Do we still have that? Because, I know we were getting funded from Coastal Zone Management on some of the work that was being done, per Planning Department. Do we still have that? MS. SURPRENANT: We do still have funding that we received through the Coastal Zone Management program, and that funding funds six positions in the Planning Department. Page 29 Hawaii County Council-54 October 21,2020 MS. LEE LOY: Thank you, April. Awesome job. Chair, I yield. ACTING CHR. EOFF: Okay, thank you, Ms. Lee Loy. Ms. Villegas. MS. VILLEGAS: Thank you for being here, April. It's always a joy to see you. And I really appreciate the hard work that you're doing in moving this forward in this process. I just wanted to express my hope that, as we enter into a new term and will be having a new mayor, with the recent passage of the resolution by the County Council to have our County participate in the climate litigation lawsuit that both Oahu and Maui are participating in. I hope that as this research continues and we recognize in an even more numerical and scientific capacity the extent of damage and changes to our shoreline that are eminent due to climate change and sea level rise, that the results of this research and the findings in this report will inspire our future mayor to participate and join the other counties in the climate litigation, which if, one, would provide our County with the financial resources to help mitigate the cost of moving our infrastructure from the shorelines. So, I just thank you for moving us into these next steps to calibrate and come up with the exact numbers, not only for future planning and permitting and how we build. But I think it's also going to be very relevant in how we inventory the buildings and structures and infrastructure we currently have so close to our shorelines. So, thank you for that, April. I really appreciate you. I yield. ACTING CHR. EOFF: Thank you, Ms. Villegas. Any other comments? Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Hi, April. It's Matt. I'm looking over the request for Council action from the department of Finance. And then on the very bottom, it says, "Objective 2" is also to use different tools to manage impacts and adapt to increased risk from more intense rainfall. I think this is one of the biggest issues that Puna has faced and definitely shore back, or shoreline setbacks don't really affect most of my district but rainfall does. And so, can you kind of explain to me how will Planning be looking at rainfall in this study, and who will you be partnering with? MS. SURPRENANT: So, we will be partnering with—well, we haven't hired a consultant yet, so we still have yet to go through the procurement process for that. We are also partnering with USGS (United States Geological Survey), as well as University of Hawaii in Hilo. Rainfall addresses this from a coastal flooding standpoint. So, we have to measure not only—like right now, for example, in the NOAA sea level rise predictions for our County, all it takes into consideration is a bathtub effect. So, it's an up and down sort of effect that it looks like. It does not consider major wave action or flooding that happens during a large event. And so, when there's a large event, it's not only the wave action that's coming from Page 30 Hawaii County Council-54 October 21,2020 the ocean, but it's also the flooding. And rise in sea level in the coastal area is also affected by the mauka rains that come down at the same time. So, that's why the rainfall is mentioned in this particular study. MR. KANEALI`I-KLEINFELDER: Okay, so, you're not tracking water from its source on the different mountains then. You're just tracking it where it hits the ocean. MS. SURPRENANT: Correct. We're tracking on the amount of surface rainfall that makes its way to the coastal the near shore and land coastal environment. MR. KANEALI`I-KLEINFELDER: Okay. So, I just initiated a floodplain management study with the U.S. (United States) Army Corps of Engineers for Puna because of the amount of water that we see go through upper Puna and then make its way to lower Puna. I find it to be one of the bigger causes of our roadway issues. I don't know if that ties in to what you're doing. Because if you're going to look at what's on the bottom, you've got to look at what comes from the top. So, that's why I was asking. MS. SURPRENANT: Absolutely. I mean, yeah, we definitely could contact Army Corps. I didn't realize that you were initiating that study but I think it's excellent. It's needed. So, I'm glad to hear that that's happening, and we can certainly take that into consideration with that area of the shoreline, where those waters drain down the ahupua`as into the coastal areas. MR. KANEALI`I-KLEINFELDER: Yeah, I think it's important and it may not be completely in the scope of this project. But just seeing in the objective, too, if we don't know what's coming from the mauna and coming to the ocean, then we don't really know what to track. And I think Jon Olson once said, the amount of water coming out of the Puna basin, basically, is equal to that, that comes out of the Amazon River. And that is an impressive amount of rainfall that's being received and then emptying into the ocean at different sources. So, worth knowing and,just in terms of a visual, that's a pretty big that's a large amount of water. So, if you'd like contacts and some connections for that, please let me know so I can link you up with the right people. MS. SURPRENANT: Will do. Thank you. MR. KANEALI`I-KLEINFELDER: Thank you, April. ACTING CHR. EOFF: Okay, thank you. Any other comments or questions? Okay, thank you, Ms. Surprenant. And all in favor, please say "aye." Page 31 Hawaii County Council-54 October 21,2020 Vote on Res. 754-20: The motion to adopt Res. 754-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Resolution 754 is approved. Can we just go down to Resolution 756? Res. 756-20: AUTHORIZES THE MAYOR TO ENTER INTO A MULTI-YEAR LEASE AGREEMENT WITH PAPA`ALOA ELDERLY HOUSING LIMITED PARTNERSHIP FOR THE REHABILITATION OF THE PAPA`ALOA ELDERLY HOUSING PROJECT LOCATED IN THE DISTRICT OF HAMAKUA, HAWAII, TAX MAP KEY: 3-5-003:049 Authorizes the Mayor to enter into a multi-year lease agreement to rehabilitate and maintain the existing rental housing apartment for senior citizens at a set lease rate of$10 per year. Reference: Comm. 1121 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 756-20. Seconded by Ms. Villegas. ACTING CHR. EOFF: Ms. David. MS. DAVID: Thank you. Chair, this was waived from Finance because actually I think there's some urgency in signing this lease. I think it needs to be executed by October 31st, the end of this month. So, I believe Housing Administrator Hosaka is in the room in Hilo, and if he could kind of explain the terms, etcetera, of this lease and the expediting request. Thank you. (Note: At this time, Housing Administrator Duane Hosaka came forward to address the members of the Council, via videoconferencing from Hilo.) MR. HOSAKA: Duane Hosaka, Housing Administrator. You are correct; we're expediting this process. But this resolution, mainly we're trying to recognize the new lessee's name. The name changed. The original lessee was Papa`aloa Elderly Housing. And currently, the new lessee is Papa`aloa Elderly Housing Page 32 Hawaii County Council-54 October 21,2020 Limited Partnership. So, we just wanted to make sure that's on the record. But we ask for your favorable consideration on this project, which we'll have 20 new senior housing units in Papa`aloa. MS. DAVID: Thank you. Thank you, Mr. Hosaka. On that note, I yield. ACTING CHR. EOFF: Okay, thank you, Ms. David. I'm going to go to Ms. Poindexter and then if someone in Hilo wanted to be recognized, let me know. MS. POINDEXTER: Okay, yeah. And I just want to give a shout-out to Susan Nakayama, who was very instrumental in making this happen. Because, she brought it to my attention that the vouchers, when the lava eruption happened, our vouchers disappeared for this project. And I want to thank Wil Okabe as well and the previous Housing Administrator because we all met together, and then we were able to get the vouchers back to proceed with this project. So, kudos to Susan Nakayama for making sure that we could take care of our senior housing. Aloha. Thanks. ACTING CHR. EOFF: Okay, thank you. Hilo, did you have a comment? Anybody? Okay, thank you. Then, all in favor please say "aye." Vote on Res. 756-20: The motion to adopt Res. 756-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Resolution 756-20 is adopted. There was another Planning bill, I think. Was there? Oh, a companion. Bill 215. Sorry for jumping around so much. Page 33 Hawaii County Council-54 October 21,2020 Bill 215: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Appropriates revenues in the Federal Grants —HMGP (Hazard Mitigation Grant Program)—Shoreline & Riparian Setbacks for Hawaii County Analysis account ($195,726.75); and appropriates the same to the HMGP —Shoreline & Riparian Setbacks for Hawaii County Analysis account. Funds would be used for a long- term disaster recovery plan and program focused on hazard mitigation. Reference: Comm. 1117 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 215 on first reading. Seconded by Ms. Villegas. ACTING CHR. EOFF: Any comments? Questions? MS. DAVID: Just that this is a companion to the resolution we just passed, 754. Thank you. ACTING CHR. EOFF: Okay, thank you. Okay, all in favor please say "aye." Vote on Bill 215: The motion to pass Bill 215 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: I think there was one more housing. Well, let's just take Bill 193. Bill 193, Draft 2,please. It's in "Order of the Day." Page 34 Hawaii County Council-54 October 21,2020 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) First Reading: October 7, 2020 Motion to Approve: Ms. David moved to pass Bill 193, Draft 2, on second and final reading. Seconded by Ms. Villegas. ACTING CHR. EOFF: Any comments? MS. DAVID: Just ask for your continued support. Mahalo. ACTING CHR. EOFF: Thank you very much. All in favor,please say "aye." Vote on Bill 193: The motion to pass Bill 193, Draft 2, on second and final Draft 2 reading was carried by the following voice vote: (Adopted) Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff–9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Bill 193 is approved, Draft 2. Okay, I'd like to just go to—we have Bills 209 through 214. I'd like to take those right now, please. We have somebody from Hawaii Police Department in Hilo waiting on those. Page 35 Hawaii County Council-54 October 21,2020 Bill 209: 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 –HCPD Data Grant account($15,280); and appropriates the same to the HCPD Data Grant account, for a total appropriation of$72,280. Funds would be used for services, training, and software to provide data between the State Department of Transportation and the Hawaii Police Department. Reference: Comm. 1110 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 209 on first reading. Seconded by Ms. Villegas. MS. DAVID: Thank you, Chair. This was also requested to be waived out of Committee and I believe—do we have Traffic Safety Coordinator Torey Keltner in our ? ACTING CHR. EOFF: Yes, we do. MS. DAVID: Yes, we do. Thank you. (Note: At this time, Program Manager Torey Keltner, Police Department, came forward to address the members of the Council, via videoconferencing from Hilo.) MS. DAVID: Mr. Keltner, can you please give us an explanation of this training software? A brief explanation. Thank you. MR. KELTNER: Thank you, Madam Chair. My name is Torey Keltner. I'm the Program Manager for Traffic Services at the Hawaii Police Department. The traffic records grant funds, there's actually a couple of different, I guess, programs that we'll be implementing. A new one is this HIGLS (Hawai`i Incident Geo-Location System)program, which is through the Department of Transportation. It's a system that will allow for officers to more easily and more accurately identify the specific locations of vehicle crashes. And that will incorporate they're currently working on the integration of how that will work with our Spillman records management system and that we also areKauai Police Department is also using the same system that we are. So, we are working together to get that done through that same company. Another one that we have is what's called the Easy Street Draw. It's a diagram you program that makes it so that the diagrams that the officers produce through Page 36 Hawaii County Council-54 October 21,2020 the computer system are easily used and integrated into the records so that, when they move forward into the court system when there's litigation on a crash, we have accurate professional diagrams that will be sent forward. Additionally in there, we have training that we have an annual conference that this—we typically have sent two individuals from the department to the traffic records forum, and I have asked for one additional IT (Information Technology) person to attend because there are connections that they can make there that will help us be able to collect and use better data in identifying these major traffic corridors on the island. And so, that will be a benefit for addressing those concerns and issues we have. MS. DAVID: Thank you very much for that. On that note, I yield and ask for your support. Thank you. ACTING CHR. EOFF: Thank you. All in favor,please say "aye." Vote on Bill 209: The motion to pass Bill 209 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Let's go to Bill 210. Bill 210: 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 —Distracted Driving Project account ($8,128.80); and appropriates the same to the Distracted Driving Project account, for a total appropriation of$73,128.80. Funds would be used to reduce the number of drivers using electronic devices while operating a vehicle. Reference: Comm. IIII Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 210 on first reading. Seconded by Ms. Villegas. ACTING CHR. EOFF: Ms. David. Page 37 Hawaii County Council-54 October 21,2020 MS. DAVID: Yes. Mr. Keltner, can you just give us a brief explanation of this, as it was also waived? (Note: At this time, Program Manager Torey Keltner, Police Department, came forward to address the members of the Council, via videoconferencing from Hilo.) MR. KELTNER: Madam Chair, I appreciate it. This grant, the distracted driving grant, is very important to our mitigation of major crashes and fatalities on the island. What the goal for this grant was, we did it so that we tried to increase the number of distracted driver checkpoints or enforcement actions that we have by 24 percent for this upcoming year. We're trying to reduce, obviously, the number of fatalities by a significant percentage. And one of the easy ways is enforcement on this distracted driving. We wanted to increase the number of distracted driver checkpoints from 115 last year to 150 in 2021; through 2021, make 600 or more citizen contacts. That's not necessarily citations, but that's contacts with individual drivers and giving them information about the distracted driving and, obviously, enforcing that strictly when violations are observed. Again, the stress that we have from DOT (Department of Transportation) and actually from the Vision Zero program is that we are going to try to use these funds in areas where there are high injury and fatality crashes. That way, we can limit the numbers of those and have a good impact on it. And something that we track in Traffic Services regularly to make sure that we're meeting those goals. This year, one of the things that I thought was an important piece, and Chief Ferreira was supportive of it, is for our office to be able to be involved in community events a little bit more, and many times they are in evening or weekend hours. So, we've kind of put together some materials and training presentation stuff that we can do in the community, and just a little funding to be able to get out and do some of those events as well. And one of that is this distracted driver kit. It's kind of a way to show people how the distracted driving—how using an electronic device is a massive distraction and can cause some really bad crashes. And so, it's a good, simple way to do that. So, something that we want to do. And another is that we want to put out a public service announcement that is coming directly from our community with community members being involved, to show the concern of the community. Because we at the department got calls daily, hourly of people that are driving and not following the laws of that. And I thought this would be a good avenue for us to engage with the community and get it addressed that way. MS. DAVID: Thank you very much for that. I just ask for your support and I yield. Page 38 Hawaii County Council-54 October 21,2020 ACTING CHR. EOFF: Thank you. Any other comments? MS. KIERKIEWICZ: Chair? ACTING CHR. EOFF: Go ahead. MS. KIERKIEWICZ: Some quick comments. Thank you. I just want to thank Torey for being very proactive here and for also taking into consideration the principles of the Vision Zero plan that we had passed out of committee yesterday. It's great that we as a County are aligning all of our actions and taking action along with these meaningful plans. So, thank you, Torey. And I love that HPD (Hawai`i Police Department) is going to be more involved in community events. I think it's really smart to be out with community and really humanizing police officers in a different context. I think that's a great idea, and I love the concept of having a PSA (public service announcement) campaign. I think the Our Kuleana mask-up campaign is very successful, and that was something that was driven in partnership by community. So, in developing your PSA campaign, I do hope that you lean on working with community to craft it. So, thank you. And we are all here to support you. Chair, I yield. ACTING CHR. EOFF: Okay, thank you, Ms. Kierkiewicz. Anybody else? Hearing none, all in favor please say "aye." Vote on Bill 210: The motion to pass Bill 210 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Bill 210 will move to second reading. Bill 211. Page 39 Hawaii County Council-54 October 21,2020 Bill 211: 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 —Occupant Protection Program account ($33,454.40); and appropriates the same to the Occupant Protection Program account, for a total appropriation of$123,454.40. Funds would be used for seatbelt enforcement operations. Reference: Comm. 1112 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 211 on first reading. Seconded by Ms. Villegas. ACTING CHR. EOFF: Any discussion? MS. DAVID: Well, this is pretty self-explanatory, but if Mr. Keltner wants to make a few comments, he can surely go ahead. (Note: At this time, Program Manager Torey Keltner, Police Department, came forward to address the members of the Council, via videoconferencing from Hilo.) MR. KELTNER: I would be happy to do that. This is a very important one, personally, with the seatbelt enforcement and encouraging the community to follow the seatbelt laws. It's something that's absolutely in the control of the community. And it's something that we will, as law enforcement, not just in Hawaii County but across the entire country, it's something that will always be enforced strictly, and it's an easy way to keep people safe. What we're going to do is we're going to increase the number of child restraint involvements that we have and projects that we have specifically dedicated to that. One of the things that we have been doing and we want to increase doing is having the actual times when we will set up and have booths or locations that people can come in and actually have officers check that their child safety seats are installed correctly. Actually, the first time I put in one as a young father, I thought I had it down. It's not always easy. And then, after going through this training years ago, it definitely helped. And it's always a good time to be out there in the community helping people. And then if they have questions about it, we can answer some of those things. The officers here do an outstanding job when they're involved and I'm very proud of that. Page 40 Hawaii County Council-54 October 21,2020 We're going to do nighttime seatbelt reinforcement projects as well—which is not as common, I think, historically, but it's been identified that some of the major crashes that happen are when it's lower light hours—and we want to encourage that. So, there's some bump up in some of the staffing on those. Again, we're going to have community events where we'll be out giving information and interacting with the community in that. And this year, we want to have ten additional officers trained specifically as child safety seat technicians so they'll have the training to properly do that. And this is another one that we're going to do, another PSA for child safety seats. And I can get community members to come and participate and play roles in those that we put on the local channels. MS. DAVID: Thank you very much for that. On that, I ask for your support and I yield. ACTING CHR. EOFF: Thank you. Any other comments? Hearing none, all in favor please say "aye." Vote on Bill 211: The motion to pass Bill 211 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff–9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Let's move to Bill 212. Bill 212: 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 –HCPD Roadblock Program account ($159,841.20); and appropriates the same to the HCPD Roadblock Program account, for a total appropriation of$359,841.20. Funds would be used to reduce the number of drivers operating vehicles while impaired. Reference: Comm. 1113 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 212 on first reading. Seconded by Ms. Villegas. ACTING CHR. EOFF: Any discussion? Page 41 Hawaii County Council-54 October 21,2020 MS. DAVID: Yes. Mr. Keltner, this is a very important program. Comments, please. (Note: At this time, Program Manager Torey Keltner, Police Department, came forward to address the members of the Council, via videoconferencing from Hilo.) MR. KELTNER: This one is a very involved and very important program. So, thank you very much. I appreciate the opportunity to speak on this too. Obviously, we have an issue in our local community with people driving under the influence of alcohol and also other substances that make them impaired. We have opportunities in this grant that will afford our traffic enforcement officers and officers with the ability and advanced training to attend some courses that we've identified actually last year. And because of COVID-19 (Coronavirus Disease 2019), they weren't able to attend but they will be presenting the same courses. One is the Borkensteen alcohol course and the other is the Borkensteen drug course. And they're very advanced scientific courses that will give officers the opportunity to learn how to identify different substances that are impairing people, and then they'll bring it back and instruct other officers on how they can identify those things and then go through the process of combatting that. Our objective is to screen at least 20,000 vehicles at impaired driving roadblocks. Because of COVID-19 this was actually written prior to the outbreak. Because of COVID-19, we've actually amended some of the ways that we go about that, and we do what are called "saturation patrols" as well. And what that does is it puts a large quantity of officers on grant funds in a particular area that we know where people that are impaired drive and they're common for those major crashes. By saturating that area, we drop the number of people that are able to drive and our DUI(driving under the influence) arrest numbers are fairly consistent with what we've had last year. We did have a slowdown when there were so many people not driving at all, but there's still people out there driving impaired. And this grant will definitely help with keeping that down. There's other pieces of equipment that we have that will help like in the actual roadblocks and other major crash areas. We had gotten 200 reflective cones that are in this, breath-test instruments. We've got power flares that we haven't had in the grants before. These are things that will help to identify those areas and make it more safe for the people approaching and for the officers involved in those. It's my understanding that years ago there was a DRE school, a drug recognition expert school, that was here on the island. And to my knowledge, it only occurred once. This coming year, we're actually going to do a DRE instructor school. So, Page 42 Hawaii County Council-54 October 21,2020 we'll have officers here on the island that will attend the school here. That way, we can actually get more officers trained. Financially, it will help us to do that. And we've already made arrangements with the Department of Transportation. And Honolulu PD (Police Department) is going to send over some of their observers, advanced instructors, and help manage the program when we go through. It's a three-week course, basically, and it's one of the hardest, most advanced trainings in law enforcement that I am aware of. So, we're really lucky to have the ability to do it and the support not only of DOT locally, but the National Highway Traffic Safety Administration is very supportive of us bringing that here. There's other pieces of equipment that we'll get that are going to help us meet the goals and draw down the number of people that are injured or killed too. Thank you. MS. DAVID: Thank you. Sorry for interrupting. MR. KELTNER: No problem. MS. DAVID: I just want to thank you for this very important program that you folks do for this community. And I ask for your support. Thank you. ACTING CHR. EOFF: Thank you. All in favor,please say "aye." MR. CHUNG: Karen? ACTING CHR. EOFF: I'm sorry. I take that back. Mr. Chung. MR. CHUNG: Yeah. Mr. Keltner, thank you very much for coming here. We had a pretty lengthy discussion on traffic safety yesterday, and fatalities. And so, maybe if I could ask you a few questions in that regard so we can get more information. Well, first of all from a technical standpoint, you also talked about saturation patrols in those high-risk areas or areas where people have been known to drive intoxicated. This is a roadblock grant. So, how do you resolve that? I don't want to get caught up in technicalities, but I just want to make sure that we're not running afoul of the grant. MR. KELTNER: No, actually it's titled by the Department of Transportation as a DRE roadblock grant. They are aware that we're doing the saturation patrols. MR. CHUNG: Okay. That's all. Okay, thank you. And then, the other thing, though, is we're looking at the data that was provided to us. Very interesting data and very telling. But of course, a lot of these traffic fatalities, alcohol related, are on the highways. And I don't drive on the highways too much at night, so I don't Page 43 Hawaii County Council-54 October 21,2020 know if there are roadblocks on the highways. But what's the protocol for that? I mean, is it something you guys don't do, or is it something that can be done? Entering highways, for example. What do you guys do on that? MR. KELTNER: The determination of where a roadblock or saturation patrol is conducted is typically organized by the district commander. The information that you got yesterday was actually data that was obviously taken from our department into another system. And I worked with them kind of gathering some of that, and then the presentation was outstanding. I used some of the presentation that they created with the outside entity that was put back in to give to the district commander to show that those corridors—and that's really important that those corridors are identified so that then they can focus those DUI roadblocks and saturation patrols in those areas. Obviously, officers have the full authority to set those up anywhere on the island that is a public roadway. MR. CHUNG: Okay, so, they could do it on highways. MR. KELTNER: They do, do it on highways. MR. CHUNG: Terrific. Okay. MR. KELTNER: Yeah, there are times and it depends. I mean, there are areas where they—if it's unsafe to set it up on a particular stretch, they won't do that. MR. CHUNG: Yeah, of course. MR. KELTNER: And we found that the saturation patrols are working very well. I was speaking with one of the TEU (Traffic Enforcement Unit) sergeants yesterday and it's actually working very well. MR. CHUNG: That's terrific. It's kind of fortuitous that you're here today, coming off the heels of that discussion. So, thank you very much. MR. KELTNER: Thank you. MR. CHUNG: I yield. ACTING CHR. EOFF: Okay, thank you. Any other comments? Hearing none, all in favor please say "aye." Page 44 Hawaii County Council-54 October 21,2020 Vote on Bill 212: The motion to pass Bill 212 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Bill 212 will move to second reading. Bill 213: 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 —Speed Enforcement account($95,745); and appropriates the same to the Speed Enforcement account, for a total appropriation of$245,745. Funds would be used for speed enforcement operations. Reference: Comm. 1114 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 213 on first reading. Seconded by Mr. Kaneali`i-Kleinfelder. MS. DAVID: Mr. Keltner? Thank you. (Note: At this time, Program Manager Torey Keltner, Police Department, came forward to address the members of the Council, via videoconferencing from Hilo.) MR. KELTNER: Thank you. So, the speed enforcement grant is obviously another that we have a heavy focus on. We know that speed is definitely a factor in major injuries and fatal crashes. By mitigating the speed that people are driving, officers can prevent some of those crashes that are out there. One of the things that was pointed out to me was that engineers design the roads, both State and County, with certain speeds in mind. And when people exceed those speed limits, the probability of them being involved in a major accident is higher. And so, damage and injury are higher because of that. So, this is an area where we're focusing on providing officers training and tools to easily enforce those laws. This coming year, we're going to purchase 20 hand- held laser units that are used when officers are in the field, in addition to the ones Page 45 Hawaii County Council-54 October 21,2020 that they have. And we're going to get power supplies, batteries I guess it is, to (inaudible) the units that they already have for the radars. We're going to train 20 additional officers for the radar and laser training. And we're going to purchase a StealthStat, which is a data collection instrument that we can put in different locations to see speeds and traffic density and those kinds of things so that we can focus the enforcement in particular areas. And again, the big thing for this is to make sure that we're in the areas where those accidents, injuries, and things are occurring. There are mobilizations where they have enforcement periods that are encouraged by the DOT, and we like to have mobilizations for speed many times a year. And that's why people see so many officers out and doing that. So, thank you. MS. DAVID: Mahalo for that. And I ask for your support. I yield. ACTING CHR. EOFF: Okay, thank you. I think Mr. Kaneali`i-Kleinfelder had a question or a comment. MR. KANEALI`I-KLEINFELDER: Thank you, Mr. Keltner. Just a general question. So, the areas where you're going to be using all of these different funds and different programs, these are going to be centered around areas that you know are problematic. Correct? MR. KELTNER: Yes. MR. KANEALI`I-KLEINFELDER: Okay. So, areas where we do not see problems, I would not expect to see these techniques being utilized. MR. KELTNER: Well, the focus is on areas where there's a problem. So, if an officer is traveling to and from a call or if there's an area that we get a good citizen complaint about things, they will at times be in areas where they're enforcing those issues as well. MR. KANEALI`I-KLEINFELDER: Okay. And these decisions will be based on data that you're pulling as far as why you're seeing a lot of these issues coming up—DUI, speeding, whatever it may be. MR. KELTNER: Correct. MR. KANEALI`I-KLEINFELDER: Okay. Thank you, sir. ACTING CHR. EOFF: Thank you. MR. KELTNER: Thank you. MR. RICHARDS: Chair? Page 46 Hawaii County Council-54 October 21,2020 ACTING CHR. EOFF: Go ahead, Mr. Richards. MR. RICHARDS: Yeah, thank you. I appreciate the conversations, probably coming from a little bit different angle. We talked about speed enforcement. We're talking excessive speed but also again, like Chair Chung said yesterday, we had these questions come up, especially the mauka road going to Kona. When you have people driving below the speed limit, we start obstructing traffic and we start getting people taking chances because they are getting very frustrated. So, funny question but, so, are you also talking about people going too slow for speed enforcement? MR. KELTNER: Yes. The officer will, at times, enforce under the legal posted speed limit as well, and there are signs posting what that limit is. So, the officers do stop people, issue citations, counsel them at times as well, yes. MR. RICHARDS: Because, that's one of the things that my office receives complaints on is obstruction of traffic. And thereby, we start getting people taking chances and getting more upset. And I don't think that helps our situation. So, I just wanted to throw that out there. Thanks. I yield. MR. KELTNER: If I could comment, Madam Chair. One of the things that I encourage the community to do is we have, through the Police Department, we have a way for them to file a traffic complaint, not necessarily with the Dispatch Center. If it's something that occurred yesterday, they can get online and go to the webpage and find the area where they can submit a traffic complaint. It actually comes through my office. It's my email that's attached to it. It will come to me and we'll send out a letter to the person who is the registered owner of the vehicle of the complaint that they had against them. It doesn't give the person's name or anything along those lines, but it says that we received this information. We write many of those letters annually and it's a very good thing. The agency that I came from before the Hawaii Police Department, we didn't do that and I really am—it's a very good program that's out there because I get responses from parents of children or—they borrowed somebody's car. When it's the registered owner that gets the letter, it has a pretty good impact. So, yeah. If we could encourage people to go and do that, it would be great. MR. RICHARDS: Okay, so, follow up on that, then, can you send us that link to the Council as a whole, and I'm sure we can all communicate that out. MR. KELTNER: Will do. Absolutely. MR. RICHARDS: Okay. I appreciate that. Chair, also I think one of your mics are open. We're getting a lot of feedback on this side. I yield. Page 47 Hawaii County Council-54 October 21,2020 ACTING CHR. EOFF: Okay, thank you. Is that it? Okay, all in favor please say Ic aye. MS. LEE LOY: Chair, I have a question for Mr. Keltner. ACTING CHR. EOFF: Oh, sorry. Go ahead. I'm sorry, Ms. Lee Loy. MS. LEE LOY: Thank you. Mr. Keltner, thank you. MR. KELTNER: Thank you. MS. LEE LOY: I actually have more of a fiscal question. Because when we do speed enforcement, we issue a ticket. And then that ticket is paid, but those funds go to the State. And then, they turn around and give it back to us in a grant. Is that kind of the accurate cycle? MR. KELTNER: I don't think that's accurate. I don't think that's correct because the funds are actually coming from the National Highway Traffic Safety Administration. So, I don't think that's it. I apologize. I don't know the economic flow of how that is, but I know that it's not—the Department of Transportation, we don't get that directly as a result of the number of speeding citations we write. MS. LEE LOY: Okay. You know what? Maybe I'll have a conversation offline with you because my understanding is speeding ticket is paid to the courts. It goes into a State bucket of money. I know this is different. But I guess I'm just wondering how many tickets we're issuing and if we're actually getting the money back to help pay for our officers who are doing the work. But we can have that conversation offline. MR. KELTNER: I'll find out. MS. LEE LOY: Thank you. Chair, I yield. ACTING CHR. EOFF: Okay, thank you, Ms. Lee Loy. Any other comments? Seeing none, all in favor please say "aye." Page 48 Hawaii County Council-54 October 21,2020 Vote on Bill 213: The motion to pass Bill 213 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Bill 213 will go to second reading. Bill 214. Bill 214: 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 —HCPD Traffic Investigative Program account($241,564.86); and appropriates the same to the HCPD Traffic Investigative Program account, for a total appropriation of$351,564.86. Funds would be used for training and equipment for traffic accident investigations. Reference: Comm. 1115 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 214 on first reading. Seconded by Ms. Villegas. ACTING CHR. EOFF: Ms. David. MS. DAVID: Mr. Keltner, this is your last one, I believe. Thank you. (Note: At this time, Program Manager Torey Keltner, Police Department, came forward to address the members of the Council, via videoconferencing from Hilo.) MR. KELTNER: Thank you, Madam. The traffic services grant is one that provides training and equipment for officers specifically around the investigation of traffic crashes. And so, this year we're going to actually bring the at-scene traffic investigation course to our County. We're going to have 20 officers attend that. Some of them will be TEU officers that are currentlyI'm sorry, Traffic Enforcement Officers that are currently assigned to the unit and officers that are identified by the district commanders that they would want to have them do that. Typically, we're going to encourage that they will be officers that would, at some point, become traffic enforcement officers so they establish a base training level. Page 49 Hawaii County Council-54 October 21,2020 We want to have them attend the four IPTM (Institute of Police Technology and Management) courses on Oahu. There's some advanced traffic investigation courses that they will go through in that period. And that's something that Honolulu PD has, until this last year, hosted for many years. There's various courses and it does help the officers get the accurate data and the ability to provide that when it comes to court, and then identifying the causation of crashes in that. And that information is used by the Department of Transportation to help with engineering, and it's a very good source of that information. We're going to do what's an EDR, electronic download recorder, course here that's where they download the black box, basically, out of a disabled vehicle or a car that's been involved in a major fatal crash—and get more officers trained in that. We have to get another upgrade kit. We don't have all the proper connections and instruments to go with the EDR Bosch device that was purchased years ago. We're going to upgrade that, get everything up to speed for the traffic enforcement unit here on the east side of the island. And then, we're going to purchase one like an RTC scan station, I guess it is. It's an instrument that actually will do a 3D (three dimensional) analysis of the area, pinpointing exact locations. And they can recreate a three-dimensional rendering of an accident location. So, for obviously identifying where issues and the accident problems are at. Thank you. MS. DAVID: Mahalo for that. And before I yield, I would just like to thank you for your very comprehensive explanation about this important program for the Police Department, and also for your patience. So, I'll ask for my colleagues' support and I yield. Thanks. ACTING CHR. EOFF: Thank you. MR. KELTNER: Thank you. ACTING CHR. EOFF: Director Kucharski has been waiting hereoh, I'm sorry. All in favor,please say "aye." Vote on Bill 214: The motion to pass Bill 214 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff–9. Noes: None. Absent: None. Excused: None. Page 50 Hawaii County Council-54 October 21,2020 ACTING CHR. EOFF: Motion carries. Bill 214 will move to second reading. Okay, now, Director Kucharski's been very patiently waiting here and I see at least I think there's two items. Yup. So, we'll start with Bill 207, Draft 2 207, under bills for first reading. Bill 207: AN ORDINANCE RELATING TO THE MANAGEMENT OF SOLID WASTE IN (Draft 2) THE COUNTY OF HAWAII, THAT AMENDS THE FOLLOWING PROVISIONS OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED): 1) CHAPTER 2, ARTICLE 40 (DEPARTMENT OF ENVIRONMENTAL MANAGEMENT); 2) CHAPTER 14, ARTICLE 20 (PLASTIC BAG REDUCTION); NEW ARTICLE 24 (LITTERING ); NEW ARTICLE 25 (CLEARING OCCUPIED AND UNOCCUPIED LOTS); AND 3) CHAPTER 20 (REFUSE), NEW CHAPTER 20 (INTEGRATED SOLID WASTE MANAGEMENT) Reorganizes and restructures provisions of the Hawaii County Code that apply to the Department of Environmental Management, updates certain provisions including qualifications for the Director of the Department of Environmental Management, and removes the solid waste disposal fee schedule, which would be added to the Department of Environmental Management's Administrative Rules. Reference: Comm. 1097.2 Intr. by: Mr. Richards (B/R) Approve: AWEEMC-17 Motion to Approve: Mr. Richards moved to pass Bill 207, Draft 2, on first reading and adopt Agriculture, Water, Energy, and Environmental Management Committee Report No. 17. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Mr. Richards. Do you want Mr. Kucharski up at the table? MR. RICHARDS: Yeah, thank you. Please, Bill. (Note: At this time, Environmental Management Director William Kucharski came forward to address the members of the Council.) MR. RICHARDS: We had a very good discussion on this in Committee and Bill wasn't able to attend. So, like we discussed yesterday in Committee, for the next iteration let Bill cover this. Again, a lot of housekeeping in here. And there was some miscommunications on this or misinformation, but I think we got that all fixed in Committee. So, Bill,please, take it away. Page 51 Hawaii County Council-54 October 21,2020 MR. KUCHARSKI: Bill Kucharski, Director of DEM (Department of Environmental Management). What this is doing is cleaning up our Solid Waste rules. They were scattered all over the Code. The plastic bag ban was in one chapter. Some of the others were in all different chapters. We've consolidated it down, putting them all into Chapter 20. I know there was some fear when the plastic bag ban appeared to be deleted but it was just moved. And we've gone in there. The one big change in here for you is the fact that what these amendments in this bill do is move the solid waste tipping fees from Code into our Administrative Rules, which means that, right now, if we change tipping fees, they had to be approved by Council because it was in the Code. We have proposed moving that into our Administrative Rules, which we're going to have a hearing on, I think, the 18'h of November. So, that is really the biggest change in this. Most of theseagain, there was language cleaned up to make it consistent throughout. And again, this is more of a housekeeping and consolidation than putting anything new in there. ACTING CHR. EOFF: Thank you. Council Members, is thereoh, Mr. Richards, I believe you still have the floor. MR. RICHARDS: Yeah, thank you, Chair. Again, we had a great discussion on all of this, so I'm just asking for your support. Cleaning this up, as was stated, because Environmental Management didn't exist as a department when this was initially put in place. So, this is all putting it in one. Thanks, Chair, I yield. ACTING CHR. EOFF: Thank you. Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thanks for being here, Bill. So, if you wanted to change tipping fees, what would be the process, then? It would be under Administrative Rule with no Council oversight. MR. KUCHARSKI: In order to raise tipping fees, two to three things have to happen. Number one, we have to propose the changes. We need to have public hearings to get comment on the change in rules. And then, when final rules are proposed, they need to be signed by the Mayor. MR. KANEALI`I-KLEINFELDER: Okay. Is that unique to Environmental Management, or is that just the way we do it? MR. KUCHARSKI: That's actually more normal. We're one of the few departments that have their rates and fees in Code. Parks, all of their for instance, all of Parks and Recreation's fees are set by Administrative Rules, not by Code. Page 52 Hawaii County Council-54 October 21,2020 MR. KANEALI`I-KLEINFELDER: Okay, thank you. We had some discussion around the Building Code, a lot of different people saying there is Administrative Rules that were frustrating. But I came to learn that usually there's a process there that was followed, not just a rule that's made up and upheld by the department. So, I just thank you for clarifying that. MR. KUCHARSKI: Yes, sir. MR. KANEALI`I-KLEINFELDER: That was a good side question. Thank you, Bill. ACTING CHR. EOFF: Okay, thank you. Any other comments? Ms. Villegas. MS. VILLEGAS: Aloha, Bill. Thanks for being here today, answering these questions. I may have answered it for myself, but one of the questions I had and forgot to talk about in our lengthy discussion the last time this came up related to the addition of the littering—Article 24. That defines littering and goes through all that. Was that moved from another place or was that added? MR. KUCHARSKI: I believe the littering was moved. This is not new language. This is existing language from the Code that we have shifted over. But there were no changes in littering. It's something that I've had a desire to change but have the list just was longer than the time. And this is something that I think deserves some look and modification in the future. But for this, it's just a transfer of location. MS. VILLEGAS: Okay. Good to know because there was extreme concern also related. There were a lot of people's radar got plucked and a lot of concern around thankfully, it was not the case that the plastic bag ban was being removed. But it's also been common practice and precedent for petroleum companies to start to mess with littering laws because it transitions the responsibility of waste from the producer to the user. And so, that being kind of a political play there, I'm really grateful that, that is not the case under these circumstances. And that those who were very concerned, that I hope are listening, understand and know that, then, we're just transitioning the terminology that was already in existence in our Code to another location in order for it to be cleaned up. MR. KUCHARSKI: Yeah. And so long as I'm here, there will not be slight of hand as far as moving and deleting things. And I'm sorry, I forgot to tell you that's not going to happen. MS. VILLEGAS: Thanks, Bill. I appreciate that. I appreciate you. I yield. ACTING CHR. EOFF: Thank you, Ms. Villegas. Are there any questions or comments from Hilo, Council Members? Hearing none, Ms. David. Page 53 Hawaii County Council-54 October 21,2020 MS. DAVID: Thank you, Chair. Director Kucharski, I'm really happy to see you. Welcome back. The only comment I have is just to thank you and your department for taking this step in consolidation and cleaning up of our Code so that it's in conformance and it's not I think that's something that was a vision many years ago. And it's really refreshing to see that your department is taking a step forward on this, and other departments as well in the County. So, this is a really great step so that we come up to par. I think even the Clerk's office is doing that too. Awesome. I just want to say thank you because this is very important that we be consistent. MR. KUCHARSKI: Thank you, Council Member David. I guess every 20 or 30 years or so, you really should clean house. MS. DAVID: Well, sometimes longer. But thank you very much for that and I yield. ACTING CHR. EOFF: Okay, thank you very much. Seeing no further comments, all in favor please say "aye." Vote on Bill 207: The motion to pass Bill 207, Draft 2, on first reading and Draft 2 adopt Agriculture, Water, Energy, and Environmental (Approved) Management Committee Report No. 17 was carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Bill 207, Draft 2, moves to second reading. I believe there's one more. Under "Order of the Day,"we have to vote again on Resolution 741-20. MR. HENRICKS: I don't have a 741. ACTING CHR. EOFF: Under second reading. I don't know why MR. HENRICKS: Oh. Excuse me. ACTING CHR. EOFF: It's there. I guess because it took three readings. MR. HENRICKS: I got you. Condemnation. Page 54 Hawaii County Council-54 October 21,2020 ACTING CHR. EOFF: I believe it took three readings. MR. HENRICKS: Hang on. ACTING CHR. EOFF: 741. MR. HENRICKS: It's under second reading because it's a condemnation. ACTING CHR. EOFF: Right. MR. HENRICKS: Okay. Let me catch up with you, please. ACTING CHR. EOFF: Sure. MR. HENRICKS: Okay, I'm there. 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) First Reading: October 7, 2020 Note: Second of two required readings, Section 101-13, Hawaii Revised Statutes Motion to Approve: Ms. David moved to pass Res. 741-20 on second and final reading. Seconded by Ms. Villegas. ACTING CHR. EOFF: Ms. David. MS. DAVID: Well, if Mr. Kucharski wants to say anything, I think we've discussed this quite intently prior. So, I yield at this time. ACTING CHR. EOFF: Okay. (Note: At this time, Environmental Management Director William Kucharski came forward to address the members of the Council.) MR. KUCHARSKI: Bill Kucharski, Director of DEM. This is for a property for the Pahala wastewater treatment facility that is required by an Administrative Order of Consent from EPA (Environmental Protection Agency) for closure of Page 55 Hawaii County Council-54 October 21,2020 large capacity cesspools. This property is currently owned by Kamehameha Schools. And I must say, for full disclosure, that they are not happy with the assessment and the assessment amount, and they have agreed to this but with the reservation that they're not yielding any rights as this moves forward. And to the degree that the Code allows us to consider these concerns, we're more than happy to go forward. ACTING CHR. EOFF: Okay, Council Membersoh, Ms. David, you still have the floor. MS. DAVID: I think I yielded, thank you, to the director. Thanks. ACTING CHR. EOFF: Are there any questions from Hilo for Mr. Kucharski? MS. LEE LOY: Chair? ACTING CHR. EOFF: Yes. MS. LEE LOY: Thank you. We had a hard time hearing Mr. Kucharski's explanation at the end there. If he could repeat that. I think it had a lot to do with the landowner. ACTING CHR. EOFF: Correct. Okay. You want to speak a little closer to the mic. MR. KUCHARSKI: Bill Kucharski again. MR. CHUNG: Karen? ACTING CHR. EOFF: Yes? MR. CHUNG: Actually, because of my old age, I was telling Sue I couldn't really hear what Bill said, but I thought it had to do with the landowner. So, I kind of understood. So, it's not necessary for him to re-explain. But does he or anyone else know or is able to explain this thing about what Sandra Demoruelle has brought up regarding that community's accessibility to different findings? I mean, is that a fatal flaw or is it okay or what? I mean, I think it should be addressed. MR. KUCHARSKI: Bill Kucharski, DEM. The site has gone through a full environmental assessment in conjunction with EPA because Federal funds were done. So, it was an EA (environmental assessment), EIS (Environmental Impact Statement), or at least Federal EA that was also completed. Those concerns were evaluated and not deemed significant. And this is a layman's presentation of what's in the EA. But it came out with a Finding of No Significant Impact, and Page 56 Hawaii County Council-54 October 21,2020 that includes access and flooding and consideration of the design of the proposed facility within the confines of the EA analysis. And that's all I can address on that. MR. CHUNG: Yeah. Bill, it's not so much the substance of the findings, but there's some suggestion that the community was not able to review those findings because of the COVID (coronavirus disease) situation and the closures of the Ka`u library or libraries. I just want to make sure we're dotting our "i"s, crossing our "t"s on this matter. Do you have any comment on that? MR. KUCHARSKI: Yes, sir. Again, Bill Kucharski. The requirements of the EA are that you provide a 30-day comment period. This was provided to the community on the EA. We then got requests to extend the comment period, and OEQC (Office of Environmental Quality Control) does not allow an extension. We had to refile the identical EA and open it up for another 30-day comment period. And so, to come in and say that there was not an opportunity to review the document is not necessarily, in my opinion, fully accurate. When the final FONSI(Finding of No Significant Impact) was put out, there were hardcopies provided. But with COVID, access might not have been available, but all of the FONSI was available online. I don't know what else to say. We followed all of the required laws and regulations for presentation and availability of the documents for the public. MR. CHUNG: Okay. So, it was addressed, right,by your department? And what about, if you could in, like, two or three sentences,just tell us what this motion for a preliminary injunction is all about. It's before U.S. District Judge Kobayashi. MR. KUCHARSKI: I'm not certain whether you're talking about a Federal suit or the State suit. MR. CHUNG: It's a Federal. I mean, it's just referenced in this letter, and I just want to make sure that we address it. MR. KUCHARSKI: Again, not being a direct party to the Federal lawsuit— MR. awsuitMR. CHUNG: Oh, look, Joe is here. Joe's coming in to our chamber. MR. KUCHARSKI: That would be a better source. Thank you. MR. CHUNG: Yeah. (Note: At this time, Corporation Counsel Joseph Kamelamela came forward to address the members of the Council.) Page 57 Hawaii County Council-54 October 21,2020 MR. CHUNG: So, Joe, I'm going to ask you the same question I asked Bill. So, in three sentences or less, we're talking about the Ka`u sewage treatment plant. There's a reference in a letter by Sandra Demoruelle about a motion for a preliminary injunction before U.S. District Court Judge Kobayashi. MR. KAMELAMELA: Correct. MR. CHUNG: Can you just tell us what the basis is for that motion? MR. KAMELAMELA: Well, essentially that she's questioning the process in which the EA had been going through. MR. CHUNG: Oh, okay. MR. KAMELAMELA: So, that's all she's questioning. MR. CHUNG: All right. MR. KAMELAMELA: And as of today, there has been no order because she's asking the court to stop the proceedings. MR. CHUNG: Yeah, all right. Okay, all right. Thank you. That's all. Thank you for the clarification. I yield. ACTING CHR. EOFF: Okay, thank you, Mr. Chair. MS. LEE LOY: Chair? ACTING CHR. EOFF: Go ahead, Ms. Lee Loy. MS. LEE LOY: Thank you. In Committee, I voted "kanalua-yes,"not because I don't think we need to do this. I have some concerns around the landowner—KS (Kamehameha Schools), which is a trust—and at our Committee meeting, Joe gave us some assurances that KS, this is the process that they're asking for. Absolutely. I just continue to have a personal concern of what eminent domain does by taking trust lands out of a trust and why I will be continuing to support it with a kanalua-yes. If this is the process that's being outlined by the landowner going forward, that's fine. I do just have concerns of how we treat our trust lands, especially in an eminent domain proceeding. Chair, I yield. ACTING CHR. EOFF: Okay, thank you. Anybody else? Ms. Poindexter. MS. POINDEXTER: Yeah, I just want to say that KS has a lot of land throughout the entire island, especially Hamakua. They bought up all our access—mountain and ocean access. And they're trust lands. So, I just put it out there. Think what you want to think or kind of guess what I want to say. But anyway, thank you. Page 58 Hawaii County Council-54 October 21,2020 ACTING CHR. EOFF: Okay, thank you. Any further discussion? Seeing none, all in favor please say "aye." Vote on The motion to pass Res. 741-20 on second and final Res. 741-20: reading was carried by the following voice vote: (Adopted) Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. (Note: Ms. Lee Loy voted "kanalua"then "aye.") ACTING CHR. EOFF: The resolution is adopted. Correct, Mr. Clerk, that's the final reading? MR. HENRICKS: Yes, that was the second and final reading. ACTING CHR. EOFF: Okay, mahalo. Thank you, Director. Okay, Council Members, I know it's been a long time and there hasn't been a break, but hopefully we've taken breaks as needed. I was hoping to get through the rest of the agenda and then just be finished for the day. So, if there's no objections and no more requests for out of order, let's just go to the top where we left off. Resolution 734-20 would be the next one. Return to Order The Acting Chair directed the Council to return to the order of business. of Business: Res. 734-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAII Provides $21,850.16 from the Department of Research and Development to the University of Hawaii to fund its Extension Services to Manage Little Fire Ants on Hawaii Island project. Funds would be used to distribute outreach materials, provide staff support, and for supplies and travel. Reference: Comm. 1082 Intr. by: Ms. David (B/R) Approve: FC-142 Motion to Approve: Ms. David moved to adopt Res. 734-20 and Finance Committee Report No. 142. Seconded by Ms. Villegas. ACTING CHR. EOFF: Ms. David. Page 59 Hawaii County Council-54 October 21,2020 MS. DAVID: I just ask for your continued support. Mahalo. ACTING CHR. EOFF: Okay, thank you. All in favor, please say "aye." Vote on Res. 734-20: The motion to adopt Res. 734-20 and Finance Committee (Adopted) Report No. 142 was carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Res. 735-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAII Provides $13,076 from the Department of Research and Development to the University of Hawaii to fund its Increasing Production of Novel Floriculture Products for Import Replacement project. Funds would be used to purchase plant and propagation materials, and for costs associated with cultivation and data collection. Reference: Comm. 1083 Intr. by: Ms. David (B/R) Approve: FC-143 Motion to Approve: Ms. David moved to adopt Res. 735-20 and Finance Committee Report No. 143. Seconded by Ms. Villegas. ACTING CHR. EOFF: Ms. David. MS. DAVID: I ask for your continued support. Mahalo. ACTING CHR. EOFF: Okay, all in favor please say "aye." Page 60 Hawaii County Council-54 October 21,2020 Vote on Res. 735-20: The motion to adopt Res. 735-20 and Finance Committee (Adopted) Report No. 143 was carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Res. 736-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII, DEPARTMENT OF AGRICULTURE PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE DEPARTMENT OF RESEARCH AND DEVELOPMENT Funds in the amount of$49,896 would be used for the North Kohala Coqui Frog Control project, to prevent the establishment of the coqui frog in the North Kohala district. Reference: Comm. 1084 Intr. by: Ms. David (B/R) Approve: FC-144 ACTING CHR. EOFF: Ms. David. MS. DAVID: Thank you. I will defer this to Council Member Richards, as this is his to make the motion. Thank you. MR. RICHARDS: Thank you, madam. Motion to Approve: Mr. Richards moved to adopt Res. 736-20 and Finance Committee Report No. 144. Seconded by Ms. David. ACTING CHR. EOFF: Do you have a comment, Mr. Richards? MR. RICHARDS: North Kohala has worked really hard on controlling their coqui, and they've done a really good job doing it. So, we just ask for my colleagues' support. ACTING CHR. EOFF: Thank you. Okay, all in favor please say "aye." Page 61 Hawaii County Council-54 October 21,2020 Vote on Res. 736-20: The motion to adopt Res. 736-20 and Finance Committee (Adopted) Report No. 144 was carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Res. 737-20: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF ONE 20-YARD DUMP TRUCK FOR THE DEPARTMENT OF PARKS AND RECREATION Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$3,594. The County would own the equipment at the end of the lease. Reference: Comm. 1085 Intr. by: Ms. David (B/R) Approve: FC-145 Motion to Approve: Ms. David moved to adopt Res. 737-20 and Finance Committee Report No. 145. Seconded by Mr. Richards. MS. DAVID: I just want to ask for your continued support. Thanks. ACTING CHR. EOFF: Okay. All in favor MR. RICHARDS: Chair? ACTING CHR. EOFF: Oh, Mr. Richards. MR. RICHARDS: Yeah. Again, ditto. I know Parks and Rec. are really looking forward to getting this so they can do more work faster. Yield. ACTING CHR. EOFF: Okay, thank you. Was there another comment? Hearing none, all in favor please say "aye." Page 62 Hawaii County Council-54 October 21,2020 Vote on Res. 737-20: The motion to adopt Res. 737-20 and Finance Committee (Adopted) Report No. 145 was carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Thank you. Res. 738-20: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF ONE ELECTRICIAN UTILITY VEHICLE FOR THE DEPARTMENT OF PARKS AND RECREATION Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$1,366. The County would own the equipment at the end of the lease. Reference: Comm. 1086 Intr. by: Ms. David (B/R) Approve: FC-146 Motion to Approve: Ms. David moved to adopt Res. 738-20 and Finance Committee Report No. 146. Seconded by Ms. Villegas. MS. DAVID: I ask for your continued support. Mahalo. ACTING CHR. EOFF: Okay, any discussion? Hearing none, all in favor please say "aye." Vote on Res. 738-20: The motion to adopt Res. 738-20 and Finance Committee (Adopted) Report No. 146 was carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Page 63 Hawaii County Council-54 October 21,2020 Res. 747-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII CHILDREN'S ACTION NETWORK TO ASSIST WITH OPERATING EXPENSES FOR ITS HAWAII PARENT LEADERSHIP TRAINING INSTITUTE PROGRAM Transfers $1,250 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1102 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 747-20. Seconded by Ms. David. ACTING CHR. EOFF: Comments? MR. KANEALI`I-KLEINFELDER: I ask for your support. Thank you. ACTING CHR. EOFF: Okay, thank you. All in favor, please say "aye." Vote on Res. 747-20: The motion to adopt Res. 747-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Res. 748-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOSPICE OF HILO TO CREATE A POHAI MALAMA CARE CENTER BROCHURE Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Office of Aging, Other Current Expenses account. Reference: Comm. 1103 Intr. by: Mr. Kaneali`i-Kleinfelder Page 64 Hawaii County Council-54 October 21,2020 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 748-20. Seconded by Ms. Villegas. MR. KANEALI`I-KLEINFELDER: I ask for your support. ACTING CHR. EOFF: Thank you. All in favor,please say "aye." Vote on Res. 748-20: The motion to adopt Res. 748-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Res. 751-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE WAIKOLOA COMMUNITY DEVELOPMENT CORPORATION FOR REIMBURSEMENT OF EXPENSES RELATED TO THE PRODUCTION OF FACE MASKS FOR THE KEIKI AND KUPUNA WITHIN THE WAIKOLOA COMMUNITY Transfers $1,250 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 1108 Intr. by: Mr. Richards Motion to Approve: Mr. Richards moved to adopt Res. 751-20. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Any discussion? MR. RICHARDS: This is very self-explanatory and we all understand why. I just ask for support. ACTING CHR. EOFF: Thank you. All in favor, say "aye." Page 65 Hawaii County Council-54 October 21,2020 Vote on Res. 751-20: The motion to adopt Res. 751-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Res. 752-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF THE FUTURE FOR THE TAKE A STAND AGAINST DOMESTIC VIOLENCE COMMUNITY AWARENESS INITIATIVE Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 1109 Intr. by: Mr. Richards Motion to Approve: Mr. Richards moved to adopt Res. 752-20. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Do you have a comment? MR. RICHARDS: Yeah, I just ask for your support. We all know this is a problem in our community, and it appears to be getting worse in this COVID-19 time. So, I just ask for your support. ACTING CHR. EOFF: Thank you. All in favor,please say "aye." Vote on Res. 752-20: The motion to adopt Res. 752-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. Page 66 Hawaii County Council-54 October 21,2020 ACTING CHR. EOFF: Motion carries. Res. 753-20: AUTHORIZES THE ACCEPTANCE OF A DONATION OF APPROXIMATELY 800,000 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 $2 million, including freight expenses, would be distributed to the public at COVID-19 testing sites and other venues. Reference: Comm. 1116 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 753-20. Seconded by Mr. Kaneali`i-Kleinfelder. ACTING CHR. EOFF: Ms. David. MS. DAVID: Yes. I think, on this one, Chair Chung had questions during Committee, and I would like to defer to him. Thank you. ACTING CHR. EOFF: Did you have a comment or question, Mr. Chung? MR. CHUNG: Didn't Deanna come in and answer those questions the last time? ACTING CHR. EOFF: Yes. MR. CHUNG: Yeah. MS. DAVID: Oh, okay. All right. Perfect then. I'll wait I mean, I'll yield. Thank you. ACTING CHR. EOFF: Okay. Ms. Villegas, did you have a question? MS. VILLEGAS: Sure. I just wanted to point out in the resolution, in the last "BE IT FURTHER RESOLVED" on the first page, it says, "sent to Mr. Jake Limbert," and it says, "USCF." And I believe it's supposed to say, "UCSF" University of California, San Francisco. I think that probably was transposed accidentally from the letter that came from the Department of Finance, listed under Part B on the "Background and Justification." The contact there has been accidentally typed up as "USCF Health," instead of"UCSF Health." ACTING CHR. EOFF: Yes. Good catch. I see that. Page 67 Hawaii County Council-54 October 21,2020 MS. VILLEGAS: Okay, great. And then, I just feel like I would be remiss not to point out that the University of California is listed as one of the primary supporters of the TMT telescope. And I think it behooves our County to take into consideration and acknowledge that a donation with a value of$2 million for 800,000 masks contributed exclusively to the County of Hawaii and not to any other county within the State. I would urge caution and diligence when tracking. As grateful as we are for this contribution and the masks are very well needed, I want to make sure that there are very clear lines and no strings. So,just wanted to point that out for the public to see and take acknowledgment of. So, with that, I yield. ACTING CHR. EOFF: Thank you. Mr. Clerk,just a technical question. Do we need to actually make a motion to amend to fix this typo? MR. HENRICKS: Only if you want to fix it. I mean, we'll definitely get the letter to the right place. It's a matter of wanting that to be correct for the record but it would create additional paperwork. But I'm glad that it was pointed out. ACTING CHR. EOFF: Okay. Then we'll just leave it on the record. MS. VILLEGAS: I do want to point out, though, that USCF is the acronym for another organization called, "United States Citizen Fund,"which is very different than UCSF. Okay. MR. HENRICKS: Understood. But we'll make sure that the resolution makes it to the appropriate place. We'll note that at this point. Yeah. ACTING CHR. EOFF: Okay, thank you. Then, all in favor please say "aye." Was there more discussion? Hearing none, all in favor please say "aye." Vote on Res. 753-20: The motion to adopt Res. 753-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Page 68 Hawaii County Council-54 October 21,2020 Res. 755-20: AUTHORIZES THE ACCEPTANCE OF A DONATION OF PICKLEBALL SUPPLIES FROM PAPA`ALOA PICKLEBALL COMMUNITY GROUP TO THE DEPARTMENT OF PARKS AND RECREATION The supplies, with an estimated value of$1,400, would be used at the Papa`aloa Park. Reference: Comm. 1118 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 755-20. Seconded by Ms. Poindexter. MS. DAVID: Thank you. I'll defer to Ms. Poindexter. MS. POINDEXTER: Yeah. ACTING CHR. EOFF: Did you want to comment? Thank you. Go ahead. MS. POINDEXTER: Thank you. I just want to give a big mahalo to Dave Molenaar. I mean, he blows up my phone on pickleball in Papa`aloa. So, he has taken the lead roll in advocating for our pickleball activities there in Papa`aloa and appreciate all his support. So, thank you. ACTING CHR. EOFF: Thank you. All in favor,please say "aye." Vote on Res. 755-20: The motion to adopt Res. 755-20 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Okay,jumping down now to bills for first reading, Bill 202, which is a companion to Resolution 736. BILLS FOR The Acting Chair directed the Council to proceed to the next order of business, ORDINANCES Bills for Ordinances (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order.) Page 69 Hawaii County Council-54 October 21,2020 Bill 202: 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 State Grants —North Kohala Coqui Frog Control Project account($49,896); and appropriates the same to the North Kohala Coqui Frog Control Project account. Funds would be used to prevent the establishment of the coqui frog in the North Kohala district. Reference: Comm. 1084 Intr. by: Ms. David (B/R) Approve: FC-148 Vote on Bill 202: Mr. Richards moved to pass Bill 202 on first reading and (Approved) adopt Finance Committee Report No. 148. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Bill 203: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Appropriates revenues in the Federal —Housing Assistance Program COVID-19 account($1,101,466); and appropriates the same to the Housing Assistance Program COVID-19 account. Funds would be used to pay for an increase in Section 8 rent due to the impact of the COVID-19 pandemic. Reference: Comm. 1087 Intr. by: Ms. David (B/R) Approve: FC-149 Motion to Approve: Ms. David moved to pass Bill 203 on first reading and adopt Finance Committee Report No. 149. Seconded by Ms. Villegas. ACTING CHR. EOFF: This is a companion to prior Resolution 739. Any comments? Hearing none, all in favor please say "aye." Page 70 Hawaii County Council-54 October 21,2020 Vote on Bill 203: The motion to pass Bill 203 on first reading and adopt (Approved) Finance Committee Report No. 149 was carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Bill 204: 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 Waika`alulu Bridge No. 44-8 project for $600,000 to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or Other Sources. Reference: Comm. 1088 Intr. by: Ms. David (B/R) Approve: FC-150 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 204 on first reading and adopt Finance Committee Report No. 150. Seconded by Ms. Poindexter. ACTING CHR. EOFF: Ms. David. MS. DAVID: Yes. I ask for your continued support. I yield. ACTING CHR. EOFF: Thank you. Comments? Hearing none, all in favor please say "aye." Page 71 Hawaii County Council-54 October 21,2020 Vote on Bill 204: The motion to pass Bill 204 on first reading and adopt (Approved) Finance Committee Report No. 150 was carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Bill 205: 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 following State Grant Program Income accounts: Periodic Motor Vehicle Inspection (PMVI) ($12,787) and Commercial Drivers License (CDL) ($11,360); and appropriates the same to the following Salary & Wages accounts: PMVI ($12,787) and CDL ($11,360), for total appropriations of$448,716 (PMVI), and $378,270 (CDL). Reference: Comm. 1089 Intr. by: Ms. David (B/R) Approve: FC-151 Motion to Approve: Ms. David moved to pass Bill 205 on first reading and adopt Finance Committee Report No. 151. Seconded by Ms. Villegas. ACTING CHR. EOFF: Ms. David. MS. DAVID: I ask for your continued support. ACTING CHR. EOFF: Thank you. All in favor,please say "aye." Page 72 Hawaii County Council-54 October 21,2020 Vote on Bill 205: The motion to pass Bill 205 on first reading and adopt (Approved) Finance Committee Report No. 151 was carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Okay, we went through the remainder of the bills for first reading, I believe. So, under second and final reading, Bill 192. ORDER OF The Acting Chair directed the Council to proceed to the next order of business, THE DAY Order of the Day (Second or Final Reading). (SECOND OR FINAL READING): (Note: Items in this category were taken up previously, out of order.) Bill 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) First Reading: October 7, 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 192: Ms. David moved to pass Bill 192 on second and final (Adopted) reading. Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. Page 73 Hawaii County Council-54 October 21,2020 ACTING CHR. EOFF: Motion carries and Bill 192 is approved. Bill 196: AMENDS CHAPTER 2, ARTICLE 4, OF THE HAWAII COUNTY CODE 1983 (Draft 2) (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. 1059.2 Intr. by: Ms. Lee Loy First Reading: October 7, 2020 Motion to Approve: Ms. Lee Loy moved to pass Bill 196, Draft 2, on second and final reading. Seconded by Ms. Kierkiewicz. ACTING CHR. EOFF: Ms. Lee Loy, would you like to comment? MS. LEE LOY: No. Just ask for your continued support. Thank you. ACTING CHR. EOFF: Thank you. All in favor, say "aye." Vote on Bill 196: The motion to pass Bill 196, Draft 2, on second and final Draft 2 reading was carried by the following voice vote: (Adopted) Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Bill 196, Draft 2, is approved. Page 74 Hawaii County Council-54 October 21,2020 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) First Reading: October 7, 2020 Vote on Bill 206: Ms. David moved to pass Bill 206 on second and final (Adopted) reading. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries and I believe Ms. David wants to make another motion. Vote on Motion to Ms. David moved to suspend Council Rule 15 to waive the Suspend Council 5-day hold for reconsideration. Seconded by Ms. Villegas Rules: and carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. Return to ACTING CHR. EOFF: While we're doing that, I think we need to go back to Res. 756-20: Resolution 756. Did you want to do that, Ms. David? MS. DAVID: Yes, I'll do that. Thank you. Page 75 Hawaii County Council-54 October 21,2020 Vote on Motion to Ms. David moved to suspend Council Rule 15 to waive the Suspend Council 5-day hold for reconsideration. Seconded by Ms. Villegas Rules: and carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. That takes us, I think, to the last item on our agenda, which is under "Reports." MR. HENRICKS: Yes, Madam Chair. MS. KIERKIEWICZ: Chair? ACTING CHR. EOFF: Oh, sorry. Yes? MS. KIERKIEWICZ: I was just going to make a motion for this one. ACTING CHR. EOFF: Oh, go ahead. MS. KIERKIEWICZ: Motion to approve Maria Shon Magsalin MR. HENRICKS: May I read it in? Sorry. MS. KIERKIEWICZ: Oh, go ahead. MR. HENRICKS: I have yet to read it in. I apologize. It's very quick. ACTING CHR. EOFF: Oh, okay. We're jumping the gun. MR. HENRICKS: It'll take two seconds. ACTING CHR. EOFF: We have to read it in first. REPORTS: The Acting Chair directed the Council to proceed to the next order of business, Reports. Page 76 Hawaii County Council-54 October 21,2020 PSC-16 APPOINTMENT OF MARIA SHON MAGSALIN TO THE FIRE (Comm. 1080): COMMISSION Requires Council Confirmation by: November 1, 2020 (Section 13-4(l), Hawaii County Charter) Vote on PSC-16: Ms. Kierkiewicz moved to adopt Public Safety Committee (Adopted) Report No. 16. Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. REFERRALS FOR The Acting Chair directed the Council to proceed to the next order of business, EXECUTIVE Referrals for Executive Session. SESSION: (There were none.) OTHER The Acting Chair directed the Council to proceed to the next order of business, BUSINESS: Other Business. (There were none.) ANNOUNCE- The Acting Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) ACTING CHR. EOFF: Council Members, I believe that takes us to the end of the agenda. Page 77 Hawaii County Council-54 October 21,2020 ADJOURN- There being no further business, at 12:11 p.m., Ms. Villegas moved to adjourn the MENT: meeting. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. ACTING CHR. EOFF: Motion carries. Thank you very much, everybody. Aloha. Oh, the meeting's adjourned. Council Approval: NOV 1 8 2020 E:::- _.. COUNT JH/dg Page 78