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HomeMy WebLinkAboutMIN COUNCIL 2021-01-20 2020-2022 Hawai‘i County Council th 4 Session Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i January 20, 2021 INVOCATION: Pastor Eric Anderson of Church of the Holy Cross gave the morning’s invocation. CALL TO The regular meeting of the Hawai‘i County Council was called to order at ORDER: 1:00 p.m., in the Council Chambers, Hilo, by Ms. Maile Medeiros David, Chair. ROLL CALL: Present: Ms. Maile Medeiros David, Chair Mr. Aaron S. Y. Chung, Vice Chair Mr. Holeka Goro Inaba, Member (via videoconference from Kona) Mr. Kānealiʻi-Kleinfelder, Member (via videoconference from Kona) Ms. Ashley L. Kierkiewicz, Member Ms. Heather L. Kimball, Member Ms. Susan L. K. Lee Loy, Member Mr. Herbert M. “Tim” Richards, III, Member Ms. Rebecca Villegas, Member (via videoconference from Kona) PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Ms. Kimball led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions, MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (There were none.) EXPRESSIONS OF CONDOLENCE: STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Hawai‘i County Council-4 January 20, 2021 Tiffany Edwards Hunt: FC-1 (Comm. 36); PWMTC-1 (Comm. 38); PRPSC-1 (Comm. 42); RAWEEMC-1 (Comm. 43); GOREDC-1 (Comm. 37); GOREDC-2 (Comm. 39); GOREDC-3 (Comm. 40); and GOREDC-4 (Comm. 41), comment. Cory Harden: PWMTC-1 (Comm. 38), in opposition. Brenda Ford: PWMTC-1 (Comm. 38), comment. APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Vote on Approval Mr. Richards moved to approve the Minutes of of Minutes: October 14, 2020. Seconded by Ms. Lee Loy and carried (Approved) by the following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. CHR. DAVID: There’s been a request that we take the reports out of order in case we have someone in the queue. Do we have, Jeanette, some of the appointees—? MS. AIELLO: Elizabeth Strance is in the queue if you’re ready. CHR. DAVID: Oh, she’s waiting already? MS. AIELLO: Yes. CHR. DAVID: If there’s any objections to taking Ms. Strance first since she’s in the queue? Okay. Then, Mr. Clerk, I believe that’s report— MR. HENRICKS: GOREDC-1? CHR. DAVID: Yes. Page 2 Hawai‘i County Council-4 January 20, 2021 Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order: GOREDC-1 APPOINTMENT OF ELIZABETH A. STRANCE AS CORPORATION (Comm. 37): COUNSEL Appointment Effective: Upon Council’s confirmation (Section 6-5.6, Hawaiʻi County Charter) (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council, via videoconferencing.) Vote on Ms. Kierkiewicz moved to adopt Governmental GOREDC-1: Operations, Relations and Economic Development (Adopted) Committee Report No. 1. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. (Ms. Villegas spoke in favor of Ms. Strance’s appointment.) CHR. DAVID: Thank you. Okay, now, I think we have Finance Director here also. Maybe we should just— MS. KIERKIEWICZ: Everyone’s outside already. CHR. DAVID: Most are outside? Okay, let’s do the reports, then, because everyone’s here and then we can get back to our agenda. Thank you. FC-1 APPOINTMENT OF DEANNA S. SAKO AS FINANCE DIRECTOR (Comm. 36): Requires Council Confirmation by: February 5, 2021 (Section 13-8, Hawaiʻi County Charter) (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) Page 3 Hawai‘i County Council-4 January 20, 2021 Vote on FC-1: Ms. Kierkiewicz moved to adopt Finance Committee (Adopted) Report No. 1. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. (Mr. Richards and Chair David spoke in favor of Ms. Sako’s appointment.) CHR. DAVID: Congratulations. Mr. Clerk, move on to PWMTC-1. PWMTC-1 APPOINTMENT OF STEVEN I. RODENHURST AS PUBLIC WORKS (Comm. 38): DIRECTOR Requires Council Confirmation by: February 5, 2021 (Section 13-8, Hawaiʻi County Charter) (Note: Comm. 38.11, from Acting Mayor Lee Lord dated January 19, 2021, transmitting an addendum to Steven Rodenhurst’s resume, was circulated.) Motion to Approve: Ms. Kierkiewicz moved to adopt Public Works and Mass Transit Committee Report No. 1. Seconded by Mr. Richards. CHR. DAVID: Aloha, Mr. Rodenhurst. Come in. (Note: At this time, Public Works Director Steven Rodenhurst came forward to address the members of the Council.) CHR. DAVID: Mahalo for being here and welcome. Like we’ve asked Director Sako if there’s anything you want to say, otherwise, I’ll open it up to the Council Members for questions. MR. RODENHURST: Aloha, Chair. I’d just like to say thank you for the opportunity here, and I appreciate the consideration of this appointment. CHR. DAVID: Mahalo. Council Members in Hilo? See—oh, okay, go ahead, Ms. Kimball. Page 4 Hawai‘i County Council-4 January 20, 2021 MS. KIMBALL: Thank you, Chair. Mr. Rodenhurst, I don’t know if you had a chance to hear the testifiers today, but I wanted to give you the opportunity to respond. There were some specific questions asked. I was too slow and only wrote three down. One was about the grading and grubbing. The second one was environmental actions that you intend to take as part of DPW (Department of Public Works). And then the third was, again, any changes that you intend to make. I asked my other Council Members; there was a fourth one and I can’t remember what the fourth one was. Hopefully, somebody else wrote it down. But I want to give you the opportunity to respond to that since it did come up in testimony. MR. RODENHURST: Mahalo, Council Member Kimball for that. I didn’t get to hear all the questions, but I’ll just elaborate on what I have heard. As far as grading and grubbing, within the Department of Public Works, we want to do whatever is within our Code and regulations to make sure that we’re following the Code and regulations. If anything needs to be changed, we’ll work with the Council and address those changes. We’re more than willing to. Like I said, I want to keep communications transparent. So, at this time, we will enforce it to the full extent that is required of us, with that option to address that. Is there anything you want to add to that, that needs clarification? MS. KIMBALL: Nope. That was clarification. MR. RODENHURST: Okay. As far as environmental actions, yes, we want to make sure that we adhere to the environmental requirements and regulations, especially pertaining to our natural resources, especially water and making sure we don’t pollute any water sources and things like that. And making sure that we are knowledgeable and conscious of those in these areas. I think that’s part of the permitting process, is making sure that we limit the interactions of construction in our County with those environmental resources and making sure it’s done responsibly. So, we intend to continue enforcing it to the extent of the Code and regulations. And if there’s any changes that need to be made, we’re more than happy to work with the Council on that. As far as changes to make in the department, I think we’ve touched on that previously: customer service. Making sure that we treat not only the public but the employees in the County, the Council, the Mayor’s office, any branch of government with dignity and respect, and making sure that we are clear and consistent with our communications. I think that’s going to go a long way. It seems to be a short way of answering that, but there’s a lot of work that goes in behind that. It’s a lot of constant review processes, and it’s a lot of constant training to make sure that we are given the fullest service we can that’s required of us by the public and other departments and ourselves. At the end, we’re all human. We make mistakes. But we’ve got to own those mistakes. And when we address these problems, it’s really easy to say what we Page 5 Hawai‘i County Council-4 January 20, 2021 cannot do: “We cannot do that.” “We cannot do that.” It’s not just about “no can.” It’s “if no can, how can?” And how can we improve ourselves, and how can we constantly get better in our service to the public and ensuring the safety of the public and ourselves. So, any more specific changes to the department, I’m just making sure that we are efficient as possible during this time of COVID (coronavirus disease), during this time where there’s so much need in the community and so much need for us to step up to the plate and get the work done. And so, it’s going to be a constant process that I’m willing to work with our division chiefs, my Deputy Director Merrick Nishimoto, and the rest of the department from the top to the bottom. Is there anything else you need clarification on for that one? MS. KIMBALL: Nope. And if anybody else remembers the fourth question, please feel free to ask it. And if the Chair will humor me, I just want to make something expressly clear that you already highlighted, which is your responsibilities. “The powers, duties and functions . . .”—this is Section 6-2.3 (Hawai‘i County Charter)—“The powers, duties and functions of the department of public works shall be prescribed by ordinance and shall be exercised and performed by the department.” And so many of the concerns that were raised to me in public testimony really fall to us because we’ve got to write those ordinances. And I just want to have that up there on the public record to share with the community that you follow what we tell you to do. And if folks have concerns about that, we need to work on it. It’s our kuleana. MR. RODENHURST: And if I may add to that. Sometimes, there are regulations that need to be reviewed, and we’re more than happy to give the data—anything that we can do to help with your decision-making process for the entire Council. So, we are here to work with the Council. I think that was one question regarding working with the Council; I guess there’s a little bit of tension. I have no problem working with anyone on this Council. I intend to work with everyone to the fullest extent. You all represent your districts in the public, and the public is who we serve. So, I need to work with you just as much as I need to work with the public because you and the public are one and the same here. So, regardless of any tension, that doesn’t take into account when I have dealings with the Council or anybody because we need to work together regardless of that. MS. KIMBALL: Thank you so much, Mr. Rodenhurst, and congratulations. Chair, I yield my time. CHR. DAVID: Thank you, Ms. Kimball. Anyone else? Ms. Lee Loy, go ahead. Page 6 Hawai‘i County Council-4 January 20, 2021 MS. LEE LOY: Thank you, Chair. Mr. Rodenhurst, thank you. At Committee, I really was kind of serving as an air traffic controller, and so this really kind of is my first opportunity to talk to you. But in the—I just had, actually, one question and it was around the grade and grubbing that was raised by two testifiers. And Ms. Kierkiewicz is aware of this. Part of that concern lies with State Historic Preservation Division. And our SHPD (State Historic Preservation Division) office, Sean Naleimaile, he actually reached out to me. He wanted to get a meeting with you because the way the State and his particular office operates and works, there seems to be a disconnect on the interpretation on when SHPD is engaging in that permitting process. And so, I just have a real quick ask. If we could set up a meeting, I’ll be more than happy to champion that to meet with Sean and get his interpretation from the State’s side and the SHPD representative here on this island. If we could go ahead and set that up. Because, he shared how they interpret it and how our planning and building department is interpreting it, and there seems to be a disconnect. Can we do that? MR. RODENHURST: Yes, Ms. Lee Loy, we definitely can. I look forward to meeting with him. I have the most respect for SHPD. MS. LEE LOY: Great. And then, one other thing that I’ve heard just all over, as we move through our construction codes, was the need to update all of our forms and how that folds into EnerGov along with all the other departments, whether it be Planning Department, Fire, Department of Health. A lot of people in the industry wanted to see that process either streamlined or coming up with more of a universal form. Is that something that we can do together? MR. RODENHURST: Yes, Ms. Lee Loy. In fact, we are currently working on that as mentioned previously. The EnerGov system is one of those factors we’re working on. And you touched on it too: We are working with other departments, not just within the County but also within the State, DOH (Department of Health) and SHPD included. So, we are currently working towards that, and I look forward to having those conversations. MS. LEE LOY: Thank you for that. Just on a personal note, I know many of us woke up very early this morning to watch the inauguration and I stand proud today. I don’t think many people realize that you are our first, in a long time, Native Hawaiian chief engineer. And I’m proud that we are going to have other Native Hawaiian kids looking up to leaders like yourself, and I will be wholeheartedly supporting your confirmation. Thank you. CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else in Hilo before I go to Kona? No? All right. Kona? Anyone else in Kona? MR. INABA: Chair David, this is Holeka. Page 7 Hawai‘i County Council-4 January 20, 2021 CHR. DAVID: Thank you. Go ahead, Mr. Inaba. MR. INABA: Aloha, Mr. Rodenhurst. Thank you, again, for being here. As a follow up, I just want to start off by saying, throughout this process for this confirmation, I now have four different versions of your resume: the original when you came in to see me, the communication that came from the Mayor’s office two weeks ago, a third version which you sent me directly, and we received another communication yesterday. I’m echoing myself from two weeks ago when I’m saying that there was and continues to be public concern regarding this appointment, and it specifically relates to your lack of administrative experience. And like I said in yesterday’s meeting for another appointee, I’m keeping emotion out of it and I’m using the Charter to guide my decision. And with that in mind, I did, so the public knows, call your previous supervisor at Bowers and Kubota. And it’s my understanding, both through my conversations with him as well as with you last week, that your folks’ firm here on Hawai‘i Island started with just Mr. Mike Lum, your supervisor, and yourself. And today I believe you folks still only had maybe two or three additional employees. Some of the items that have been added to your resume since the first one I received, add items or kuleana such as hiring and firing. It’s my understanding via that communication with Mr. Lum that he, ultimately, was in charge of that. While you were a part of the process, you weren’t the sole leader or guider or decision making—decision maker, I’m sorry, in that process. So, I do—my ultimate concern is that in the years you’ve been with that firm, there’s only been two or three additional employees that you may or may not have overseen, based on the conversations we’ve had, and we know how big a kuleana this is. And I’ll say this: Do I think you can do the job? Yes. Do you have what the Charter requires of this director position? I can’t say yes to that, based on the information I’ve received from you and in my conversation with your previous supervisor. So, I will be needing to stick with my vote two weeks ago. And like Council Member Lee Loy said, we’re in a time right now that it would be very influential and inspiring to have local Native Hawaiian leaders in these positions. And I am honored, myself, to be where I am today. But the public entrusted we need to be their voice and need to follow the law. And that’s what I have to do. So, sorry that I won’t be able to support you today and that is my reason. So, mahalo. Chair, I yield. CHR. DAVID: Mahalo, Mr. Inaba. Anyone else in Kona? MR. KANEALIʻI-KLEINFELDER: Chair, if I can, please. CHR. DAVID: Thank you. Go ahead, Mr. Kānealiʻi-Kleinfelder. Page 8 Hawai‘i County Council-4 January 20, 2021 MR. KANEALIʻI-KLEINFELDER: Thank you. At first, I’d like to commend Mr. Rodenhurst for having the desire to take a position of this stature in the County of Hawai‘i. But again, what we as legislators have to remember, that our responsibility to confirm the appointments by the Mayor, guided by the Charter language, as well as exercise that duty, make the best decision for our County and for its constituents. After our first meeting, I have a few follow-up questions for you. Your license, which I think should have been submitted as part of your application pack, is in good standing, and I think it was very nice to have Ms. Brenda Ford post an apology as far as saying you’re not a professionally licensed engineer. And to me, that’s correct. Can you just verify to us that you have your license? MR. RODENHURST: Thank you, Mr. Kānealiʻi-Kleinfelder. As this says, my license number is PE-18557. Expiration date: 4/30/2022. I’m licensed with the State of Hawai‘i Department of Commerce and Consumer Affairs as a professional engineer, Class CE, under Steven I. Rodenhurst. I don’t understand the need to provide it unless it was requested and to prove—and why I would lie about being a professional engineer is beyond me. I hold the utmost respect and standing for licensed positions such as this. And I take it as an insult to my character to be questioned on if I have my license and I say, “yes,” and it’s, “Prove it!” Now, if that was requested, more than happy to. And I can send this over if needed. I can do a photocopy. How would you like me to present this to the Council? MR. KANEALIʻI-KLEINFELDER: No, you were kind enough to share that with us last time, and I took the time to look up your license online because anyone can do that through a public search. I have my journeyman license for electrical work as well. So, my information is available online. And any licensed individual in the State of Hawai‘i is available online as well. So, I just wanted you to state that for the record. And it’s also a requirement for the position, which is why I think it’s important. So, thank you for affirming that for us because that was brought up and questioned by some of the members of the public. As I looked at what you submitted—and I do give Mr. Inaba some credit for calling your current employer. Who is your previous employer? Who was your previous employer? MR. RODENHURST: My previous employer is Bowers and Kubota Consulting. MR. KANEALIʻI-KLEINFELDER: Okay. So, I do give him credit for calling them and asking them some very important questions. Because when we speak to what is required by Charter, which is the administrative capacity, we had some long, lengthy discussion about that with Mr. Kern yesterday. I think—not I think; the fact is, the position you’re applying for, how many people are in that department? Page 9 Hawai‘i County Council-4 January 20, 2021 MR. RODENHURST: For the exact number, I can’t give that to you. But as we’ve stated, it’s over 400 people. MR. KANEALIʻI-KLEINFELDER: I was told by HR (Human Resources) there’s 368 people. I don’t know if I—it’s hard for me to swallow that you don’t know how many people are in the department. How many different departments fall under the Public Works Department? MR. RODENHURST: May I clarify that? As far as open positions, does that include all positions or filled positions for the 368? MR. KANEALIʻI-KLEINFELDER: I don’t find that relevant. What I asked for was the amount of people in the department. I was told 368. MR. RODENHURST: Secondly, as far as departments within the Department of Public Works, there’s six divisions: administrative, automotive, traffic, highways, engineering, and building. MR. KANEALIʻI-KLEINFELDER: Thank you. When it comes to administrative capacity, the position that you are standing poised to take over as the Director of Public Works, you’re responsible for many things, many of which will not have anything to do with civil engineering. And I feel that, that is very important for this Council to remember, is that when we discuss candidates for director positions, there’s a huge difference between the duties of an administrative employee for a company and an employee with normal responsibilities directed by an employer. There’s also a huge difference between being a government director of a department that includes six subdepartments and 368 employees under a collective bargaining contract. Have you had any experience dealing with direct employees that you supervised that were under a collective bargaining agreement? MR. RODENHURST: No. CHR. DAVID: Mr. Kānealiʻi-Kleinfelder, your time is about 30 seconds— MR. HENRICKS: One more minute. CHR. DAVID: One more minute. Thank you. MR. KANEALIʻI-KLEINFELDER: Thank you, Chair. The simplest and intended meaning of being the Director of Public Works is not guiding individual projects as much as you are operating and maintaining several departments, hundreds of employees under a collective bargaining agreement. And at your last Page 10 Hawai‘i County Council-4 January 20, 2021 point, you have zero experience dealing with employees who work under an agreement as such and, for that matter, providing input for any of the collective bargaining agreements the director position will entail. We’re facing huge budgetary shortfalls, and I’m not willing to take a leap of faith on an individual who simply doesn’t meet the requirements as required by our Charter or, as I looked it up, even for a Civil Engineer III position in the Department of Public Works. We’ve had persistent issues with Public Works in regards to permitting, and I’m just not comfortable in moving forward with you as the Director for this position. CHR. DAVID: Mr. Kānealiʻi-Kleinfelder, your time is up. MR. KANEALIʻI-KLEINFELDER: Thank you, Chair. CHR. DAVID: Thank you. MR. KANEALIʻI-KLEINFELDER: I will yield at this time. CHR. DAVID: Thank you. Anyone else would like to say something? Mr. Rodenhurst—hang on a second, Ms. Villegas. Mr. Rodenhurst, go ahead. MR. RODENHURST: I just want to say mahalo, Council Member Kānealiʻi- Kleinfelder, for the consideration, and thank you for your words. CHR. DAVID: Mahalo for that. Ms. Villegas, go ahead. MS. VILLEGAS: Aloha, Mr. Rodenhurst. Thanks for being here today and balancing what must really be an interesting path to navigate, having been appointed and working within a job that you still have not been confirmed for. That’s got to be kind of nerve-wracking. Many of the questions that I had and concerns that I have has been stated by my colleagues Mr. Kānealiʻi-Kleinfelder and Mr. Inaba. There’s something I just have to point out, and it likens back to yesterday. And what happened a few weeks ago is the efforts that have been made on behalf of the Administration under circumstances that were definitely out of the norm, whether or not illegal or not, seemed very unadvisable to me. And not only for myself but for many people who’ve watched these proceedings they call into question seems like overcompensation. The first resume you gave me when we met for the first time was an incredibly simple document. There were no dates for when you got your professional engineering certificate. There was no date for when you graduated from college. It does indicate that you’ve had one employer for the last nine years. And your references on the resume that you gave me, it lists Chris Todd, Michael Lum, and Page 11 Hawai‘i County Council-4 January 20, 2021 Harry Takiue; however, in the same resume listed in our official County documents that came with our board, Mr. Richards is listed as a reference. And as I’ve called into question before the wisdom of being listed as a reference, there is a difference in my mind and a number of other people’s minds in other municipalities and jurisdictions to question the wisdom of a member of a County Council being listed as a reference for an appointed position within the Administration’s Cabinet. It is different than being a reference on a nomination or an appointment for being on a board or commission. The discrepancies in the resumes, the continued versions. Mr. Rodenhurst, did you write your first resume? MR. RODENHURST: Yes, I did. MS. VILLEGAS: Mr. Rodenhurst, did you write the second version of your resume? MR. RODENHURST: Yes. And if I follow this line of questioning, I wrote every version of my resume. MS. VILLEGAS: Why was the version that was given to us yesterday not the version that was given initially? MR. RODENHURST: That initial resume was what I provided to the Mayor’s office in application for either DPW or DEM (Department of Environmental Management) Director or Deputy Director at the time. I gave what I thought was relevant to the audience, which was the Mayor’s office, for my experience and my references. And when I was requested a resume from yourself and Council Member Inaba, I made my references more applicable to the audience, which was you folks. And when I was requested additional information on my background, what kind of experience I have, I added on additional experience that may have been relevant to answer those questions. MS. VILLEGAS: There is a very big difference between the resume that was given when we first met and the documents that have been provided to us as of yesterday. I appreciate the due diligence that Mr. Inaba took to call your prior supervisor at Bowers and Kubota. His answers confirmed what my inclination was: You don’t have any experience working within government administration in management. And in my mind, administrative capacity—I also have some concerns about there being a pattern for these two departments of appointing somebody into a director position that has become so questionable to so many people and then putting a Deputy Director in there as if to compensate. That just doesn’t sit right, and I Page 12 Hawai‘i County Council-4 January 20, 2021 understand you’re probably an incredible engineer and a civil engineer. But as Mr. Kānealiʻi-Kleinfelder said, that’s only one part of the position and the job and— CHR. DAVID: Ms. Villegas, your time is almost up. MS. VILLEGAS: Okay. With that, I think you know where I’m headed. So, my apologies but I’m not going to be able to support your confirmation and appointment to Director of the Department of Public Works. With that, I yield. CHR. DAVID: Thank you, Ms. Villegas. Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you, Chair. I’ll keep it short. Mr. Rodenhurst, you continue to impress me. Thanks for getting in there. I have full confidence in your ability to lead the Department of Public Works. I look forward to working with you. I’m very sorry that you and Mr. Kern are on the receiving end of aspersion to your character and integrity. I’m very sorry at the dialogue that is happening here. But I thank you for your service and look forward to supporting you and working with you. Chair, I yield. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else, Hilo? Mr. Rodenhurst, I’m sorry, go ahead. MR. RODENHURST: Sorry to interrupt. I just want to say mahalo, Council Member Villegas. Thank you for your consideration, your words. And mahalo, Council Member Kierkiewicz. Thank you for your consideration and your words. And if this is what it takes to lead the Department of Public Works and the team that we have, I’m more than willing to do it. So, thank you. CHR. DAVID: Thank you, Mr. Rodenhurst. Anyone else? No? All right. Then before we take the vote, Mr. Rodenhurst, I really want to say thank you for your patience and your diligence for going through this process. It’s not easy. We have different ideas and different versions of what we personally feel our Charter means. To me, that is our job. And for me, I think I talked to you and I have to make my decisions based on what I see in the Charter. That’s nothing to say about you personally, and I wish I could explain that better. But I just want you to know that my decision is basically strictly off of what I interpret the Charter to mean in my own mind. So, given that, that is the reason I did not support you when you came to Committee, and I humbly ask for your understanding that I will remain with my decision on that, based on that alone. So, thank you very much for being here. MR. RODENHURST: Mahalo, Chair David, for your words and your consideration as well. Page 13 Hawai‘i County Council-4 January 20, 2021 CHR. DAVID: Thank you. Anyone else? All right— MR. KANEALIʻI-KLEINFELDER: Chair? CHR. DAVID: Mr. Kānealiʻi-Kleinfelder, I’ve spoken already and we’ve closed the discussion. Point of Information: MR. KANEALIʻI-KLEINFELDER: I have a point of information. CHR. DAVID: All right. State your point. MR. KANEALIʻI-KLEINFELDER: I need to raise the concern regarding, as mentioned today many times, my contention that Mr. Richards should not be voting on the matter today. And if you give me the latitude, I can explain why. But it ultimately— CHR. DAVID: Okay, that—okay, we have Corp. Counsel here in the office. If that’s okay with you, I would like to call her up. MR. KANEALIʻI-KLEINFELDER: I would. It’s more just for my understanding and for some of the public comments that I received. CHR. DAVID: I understand and I think that’s a legal question. And we have Corporation Counsel here and maybe she can bring clarity to the concerns of the public and also your concerns that you can relay to Corporation Counsel right now and then, hopefully, we can get an answer. MR. KANEALIʻI-KLEINFELDER: Okay, thank you, Chair. CHR. DAVID: You’re welcome. (Note: At this time, Assistant Corporation Counsel Renee Schoen came forward to address the members of the Council.) MS. SCHOEN: Good afternoon. Renee Schoen, Assistant Corporation Counsel. I believe, just carrying over from our Committee meeting this morning, the question is whether or not Council Member Richards can vote on this matter because he was listed as a reference on the appointee’s resume. And as I responded earlier today, I do not believe that there is a conflict such that he is unable to vote. Our Code of Ethics speaks specifically to conflicts of interest in Hawai‘i County Code 2-84—I think it’s “b”—and it speaks to having a substantial financial interest that a parent or sibling or close relative has, or when you act as a contractor/consultant or something close of that nature. So, that type of relationship would preclude the Council Member from voting. And your Rules Page 14 Hawai‘i County Council-4 January 20, 2021 pretty closely mirror our ethics code. And so, in the absence of that kind of conflict, substantial financial interest or a substantial personal interest, that would interfere with the public’s interest, I say that your Rules would allow him to vote. And we have been talking about conflict, and I know that there is some disagreement with this opinion. So, we do advise our County employees and officers to go to the Board of Ethics because they are the entity that is tasked with interpreting the Code. But because time is of the essence, we did look at the issue and I did discuss it also with Deputy Corporation Counsel J Yoshimoto who has been advising the Board of Ethics. And so, these are things that we know the Board looks at when they do decide conflicts and did not see that here. MR. KANEALIʻI-KLEINFELDER: I would respectfully disagree. In this instance—this morning, the issue was raised that— Point of Order: MS. LEE LOY: Chair, point of order. CHR. DAVID: Thank you. What’s your point? MS. LEE LOY: He asked for information. It’s been asked and answered. He’s carrying on. Chair, could you please direct Mr. Kānealiʻi-Kleinfelder to resume the meeting? CHR. DAVID: Mr. Kānealiʻi-Kleinfelder, I understand your question. I understand Corp. Counsel’s answer. I believe what she said was that if there was any disagreement, which I can tell you don’t agree with her, this is a question for the Board of Ethics or a question that must be posed to the Board of Ethics and not decided here. I think we’ve been given the opinion of Corporation Counsel, and I think our procedures require that anything further is what I am understanding needs to be taken to another agency, which is the Board of Ethics. So, on that, can we resume the meeting? Or unless you have any more questions on procedures regarding this conflict of interest that we are discussing right now? MR. KANEALIʻI-KLEINFELDER: I do have a follow-up question for Renee. CHR. DAVID: Thank you. Go ahead. She’s here. MR. KANEALIʻI-KLEINFELDER: Our Council Rules do not allow us to grant unique or undue preference to any individual or company. And in this instance, I feel that the ability for Mr. Richards to vote is granting undue preference to the applicant, especially as it was stated that they have a pre-existing relationship and he was listed as a reference on the resume. So, Renee, could you please speak to that aspect of our ethical standards that we all live by as legislators and as officials of the County? Page 15 Hawai‘i County Council-4 January 20, 2021 MS. SCHOEN: Sure. I guess I would use the example this morning of Gabriella Cabanas listing Council Member Chung on her resume. And repeatedly I hear this body speak to the people that come before them that they know them, they have a relationship for 25 years, they’ve worked together, their parents know each other, they go to church together. And so, I think there is, sometimes, a misconception that because you have those types of relationships, automatically a person cannot take official action as an officer or employee and that’s not correct. The Board does go through analysis and a procedure, and there are specific requirements for a conflict of interest. So, even though something may cause you to go, “Hmm, that might not be right,” it really takes a further analysis to see whether or not there is a substantial financial interest or some sort of personal interest that conflicts with the public’s interest. MR. KANEALIʻI-KLEINFELDER: I think that the difference between a volunteer position as a commission or board member versus a paid position as a director is very clear as to what interest is stood to be gained. CHR. DAVID: Mr. Kānealiʻi-Kleinfelder, then, I take it that’s a disagreement with the opinion. MR. KANEALIʻI-KLEINFELDER: It is. And thank you, Chair, for the latitude and thank you, Ms. Lee Loy, for the reminder to follow our Rules and that we all must be held to the highest of ethical standards. I yield for today. Thank you. CHR. DAVID: Thank you, Mr. Kānealiʻi-Kleinfelder. So, on that note, I think we can end this meeting right now. Mr. Clerk, do a roll call, please. Vote on The motion to adopt Public Works and Mass Transit PWMTC-1: Committee Report No. 1 was carried by the following roll (Adopted) call vote: Ayes: Council Members Chung, Kierkiewicz, Kimball, Lee Loy, and Richards – 5. Noes: Council Members Inaba, Kānealiʻi-Kleinfelder, Villegas, and Chair David – 4. Absent: None. Excused: None. CHR. DAVID: Thank you. Congratulations, Mr. Rodenhurst, and thank you for your patience. All right. Okay, Mr. Clerk, let’s move on, please. PRPSC-1. Page 16 Hawai‘i County Council-4 January 20, 2021 PRPSC-1 APPOINTMENT OF MAURICE C. MESSINA AS PARKS AND (Comm. 42): RECREATION DIRECTOR Requires Council Confirmation by: February 5, 2021 (Section 13-8, Hawaiʻi County Charter) (Note: At this time, Parks and Recreation Director Maurice Messina came forward to address the members of the Council.) Vote on PRPSC-1: Ms. Kierkiewicz moved to adopt Parks and Recreation and (Adopted) Public Safety Committee Report No. 1. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. (Council Members spoke in favor of Mr. Messina’s appointment.) CHR. DAVID: Congratulations, Mr. Messina. MR. MESSINA: Thank you, all. I really appreciate it. CHR. DAVID: Mr. Clerk, RAWEEMC-1, Communication 43, please. RAWEEMC-1 APPOINTMENT OF RAMZI I. MANSOUR AS ENVIRONMENTAL (Comm. 43): MANAGEMENT DIRECTOR Requires Council Confirmation by: February 5, 2021 (Section 13-8, Hawaiʻi County Charter) (Note: At this time, Environmental Management Director Ramzi Mansour came forward to address the members of the Council.) Page 17 Hawai‘i County Council-4 January 20, 2021 Vote on Ms. Kierkiewicz moved to adopt Regenerative Agriculture, RAWEEMC-1: Water, Energy and Environmental Management Committee (Adopted) Report No. 1. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. (Council Members spoke in favor of Mr. Mansour’s appointment.) CHR. DAVID: Congratulations and mahalo for being here today. Thank you so much. MR. MANSOUR: Thank you. CHR. DAVID: Mr. Clerk, GOREDC-2, Communication 39, please. GOREDC-2 APPOINTMENT OF LEE E. LORD AS MANAGING DIRECTOR (Comm. 39): Requires Council Confirmation by: February 5, 2021 (Section 13-8, Hawaiʻi County Charter) (Note: At this time, Managing Director Lee Lord came forward to address the members of the Council.) Vote on Ms. Kierkiewicz moved to adopt Governmental GOREDC-2: Operations, Relations and Economic Development (Adopted) Committee Report No. 2. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. (Council Members spoke in favor of Mr. Lord’s appointment.) Page 18 Hawai‘i County Council-4 January 20, 2021 CHR. DAVID: Congratulations, Mr. Lord. MR. LORD: Mahalo and I ensure you I’ll do the best job I can do. Thanks so much. CHR. DAVID: Mr. Clerk, GOREDC-3, Communication 40, please. GOREDC-3 APPOINTMENT OF DOUGLASS S. ADAMS AS DIRECTOR OF RESEARCH (Comm. 40): AND DEVELOPMENT Requires Council Confirmation by: February 5, 2021 (Section 13-8, Hawaiʻi County Charter) Motion to Approve: Mr. Richards moved to adopt Governmental Operations, Relations and Economic Development Committee Report No. 3. Seconded by Ms. Kierkiewicz. MR. HENRICKS: Madam Chair? CHR. DAVID: Yes? MR. HENRICKS: Mr. Adams is working in Kona today. He informed me that, if necessary, you could take a quick recess if you’d like to and he could connect by telephone or some other digital means. CHR. DAVID: Okay, before we interrupt him, let me go to Kona and see if anyone has any comments or questions for Mr. Adams. If not, then we won’t need to bother him. Kona? MR. INABA: No. CHR. DAVID: No, okay. Thank you very much. Hilo? No questions, okay. Then on that note, I believe, all those in favor of the appointment of Douglas Adams as the Director of Research and Development and filing Communication 40, please say “aye.” Page 19 Hawai‘i County Council-4 January 20, 2021 Vote on The motion to adopt Governmental Operations, Relations GOREDC-3: and Economic Development Committee Report No. 3 was (Adopted) carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Thank you and congratulations, Mr. Adams, wherever you are. Okay, Mr. Clerk, GOREDC-4, Communication 41. GOREDC-4 APPOINTMENT OF SCOTT UEHARA AS DIRECTOR OF INFORMATION (Comm. 41): TECHNOLOGY Requires Council Confirmation by: February 5, 2021 (Section 13-8, Hawaiʻi County Charter) (Note: At this time, Information Technology Director Scott Uehara came forward to address the members of the Council.) Vote on Ms. Kierkiewicz moved to adopt Governmental GOREDC-4: Operations, Relations and Economic Development (Adopted) Committee Report No. 4. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. (Chair David spoke in favor of Mr. Uehara’s appointment.) CHR. DAVID: Congratulations, Mr. Uehara. Okay, thank you. Mr. Clerk, I think we can go to the top of the agenda right now, “Communications.” COUNCIL MEMBER: Madam Chair (inaudible). Page 20 Hawai‘i County Council-4 January 20, 2021 CHR. DAVID: Oh, okay. There’s a request for a recess. Five-minute recess. Thank you. Recess: At 2:22 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 2:39 p.m. CHR. DAVID: Mr. Clerk, can we start at “Order of Resolutions,” please? Resolution 20-21. Res. 20-21: CHANGES THE FULL-TIME EQUIVALENT STATUS OF AN AGING AND DISABILITY SERVICES SPECIALIST I POSITION FROM A HALF-TIME POSITION TO BECOME A FULL-TIME POSITION Reference: Comm. 19 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Approve: FC-2 Motion to Approve: Mr. Kānealiʻi-Kleinfelder moved to adopt Res. 20-21 and Finance Committee Report No. 2. Seconded by Mr. Inaba. CHR. DAVID: Mr. Kānealiʻi-Kleinfelder, we have Horace Farr here in the Hilo chambers if you have any questions. Go ahead. MR. KANEALIʻI-KLEINFELDER: I do not have any further questions. We discussed this in Committee, and I look forward to everyone’s support. CHR. DAVID: Thank you very much. Anyone here? No? All right. All those in favor of approving Resolution 20-21, please say “aye.” Vote on Res. 20-21: The motion to adopt Res. 20-21 and Finance Committee (Adopted) Report No. 2 was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, and Chair David – 8. Noes: None. Absent: Council Member Villegas – 1. Excused: None. CHR. DAVID: Thank you, Mr. Farr, for being here. Resolution 20-21 \[sic\], please. Page 21 Hawai‘i County Council-4 January 20, 2021 Res. 21-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI-FUNCTION COPY MACHINE FOR THE OFFICE OF THE COUNTY AUDITOR Authorizes the Mayor to enter into a five-year lease agreement, with an approximate monthly cost of $130. Reference: Comm. 20 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Approve: FC-3 Motion to Approve: Mr. Kānealiʻi-Kleinfelder moved to adopt Res. 21-21 and Finance Committee Report No. 3. Seconded by Mr. Inaba. CHR. DAVID: Any discussion? Seeing none—oops, go ahead. MR. KANEALIʻI-KLEINFELDER: Horace was here last time, and thank you for being here today, Horace. But I didn’t know if there was any discussion that warranted further discussion today. CHR. DAVID: Thank you very much on that. We’re on Resolution 21-21. All right. All those in favor of approving Resolution 21-21, please say “aye.” Vote on Res. 21-21: The motion to adopt Res. 21-21 and Finance Committee (Adopted) Report No. 3 was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, and Chair David – 8. Noes: None. Absent: Council Member Villegas – 1. Excused: None. CHR. DAVID: Mr. Clerk, Resolution 22-21. Res. 22-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI-FUNCTION COPY MACHINE FOR THE DEPARTMENT OF RESEARCH AND DEVELOPMENT Authorizes the Mayor to enter into a five-year lease agreement, with an approximate monthly cost of $112.50. Reference: Comm. 21 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Approve: FC-4 Page 22 Hawai‘i County Council-4 January 20, 2021 Motion to Approve: Mr. Kānealiʻi-Kleinfelder moved to adopt Res. 22-21 and Finance Committee Report No. 4. Seconded by Mr. Inaba. CHR. DAVID: Mr. Kānealiʻi-Kleinfelder, any discussion? MR. KANEALIʻI-KLEINFELDER: There was no discussion on this last time, and I believe we can just go ahead. CHR. DAVID: Mahalo. No discussion here. All those in favor of approving Resolution 22-21, please say “aye.” Vote on Res. 22-21: The motion to adopt Res. 22-21 and Finance Committee (Adopted) Report No. 4 was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Mr. Clerk, Resolution 23-21. Res. 23-21: 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 $200,000 of Federally-derived funds, which would be used to provide housing assistance to young adults at risk of experiencing homelessness. Reference: Comm. 24 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Approve: FC-5 Motion to Approve: Mr. Kānealiʻi-Kleinfelder moved to adopt Res. 23-21 and Finance Committee Report No. 5. Seconded by Ms. Lee Loy. CHR. DAVID: Mr. Kānealiʻi-Kleinfelder, I want to let you know that Ms. Kunz is here. MR. KANEALIʻI-KLEINFELDER: Thank you very much. I feel we had a good discussion last time. We did ask her to be here today if there were any further questions from any of the Council Members. I yield. Page 23 Hawai‘i County Council-4 January 20, 2021 CHR. DAVID: Thank you. Any questions, Council Members? Seeing none, Ms. Kunz, thank you for being here, being available. All those in favor of approving Resolution 23-21, please say “aye.” Vote on Res. 23-21: The motion to adopt Res. 23-21 and Finance Committee (Adopted) Report No. 5 was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Mr. Clerk, please, Resolution 32-21. Res. 32-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI-FUNCTION COPY MACHINE FOR THE DEPARTMENT OF PUBLIC WORKS Authorizes the Mayor to enter into a five-year lease agreement, with an approximate monthly cost of $158. Reference: Comm. 62 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Waived: FC Motion to Approve: Mr. Kānealiʻi-Kleinfelder moved to adopt Res. 32-21. Seconded by Mr. Inaba. CHR. DAVID: Any discussion, Mr. Kānealiʻi-Kleinfelder? MR. KANEALIʻI-KLEINFELDER: This was waived to Council to expedite the process for approval. I believe we have Director Ikaika Rodenhurst present for any questions. CHR. DAVID: Thank you. Council Members, Director Rodenhurst is here. Do you have any questions regarding this? No? Thank you, Mr. Rodenhurst. We don’t have any questions. Mahalo. All those in favor of approving Resolution 32-21, please say “aye.” Page 24 Hawai‘i County Council-4 January 20, 2021 Vote on Res. 32-21: The motion to adopt Res. 32-21 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Mr. Clerk, Resolution 33-21. Res. 33-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, FEDERAL EMERGENCY MANAGEMENT AGENCY IN ORDER TO RECEIVE GRANT FUNDS Allows for the receipt of $345,373.33 of Federally-derived funds, which would be used to purchase personal protective equipment for the Hawai‘i Fire Department in response to the COVID-19 pandemic. Reference: Comm. 63 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Waived: FC Motion to Approve: Mr. Kānealiʻi-Kleinfelder moved to adopt Res. 33-21. Seconded by Ms. Kierkiewicz. CHR. DAVID: Mr. Kānealiʻi-Kleinfelder, go ahead. MR. KANEALIʻI-KLEINFELDER: This was waived to Council, again to expedite the process for approval. It is also a companion to Bill No. 16. To expedite the process, we asked Bobby to be here today as well to answer any further questions from the Council. CHR. DAVID: Thank you. Let me see. Are there any questions or, let me see, sorry. Can I have your name? You’re here for this matter? I’m sorry, I can’t read. (Note: At this time, Acting Fire Chief Robert Perreira came forward to address the members of the Council.) MR. PERREIRA: Acting Fire Chief Robert Perreira. Page 25 Hawai‘i County Council-4 January 20, 2021 CHR. DAVID: Thank you, Acting Chief Perreira. Acting Chief is here for any questions. Since you came all the way down, would you please—this matter was waived. Could you please give us a brief explanation? MR. PERREIRA: Chair, thank you for having me here. Council Members, thank you for having me here. This is an Assistance to Firefighters Grant that our grant team applied for and we were successful in getting. And these funds will help us move forward. As CARES (Coronavirus Aid, Relief, and Economic Security) funding expired, the plan was to use these funds to help support our COVID (coronavirus disease) PPE (personal protective equipment) as we move forward in this fight against the pandemic. So, this was just something that we looked at as an opportunity to put some money in our account to help us do our job. CHR. DAVID: That’s outstanding. No questions? Anyone in Kona has any questions for Acting Fire Chief Perreira? MR. KANEALIʻI-KLEINFELDER: If I could? CHR. DAVID: Thank you. Go ahead, Mr. Kānealiʻi-Kleinfelder. MR. KANEALIʻI-KLEINFELDER: Thank you, Chair. Thank you for being here, Acting Chief Perreira. Just appreciate you being here to answer any questions even if there are none. So, thank you for your time today. MR. PERREIRA: No problem. Thank you. CHR. DAVID: All right. Seeing no other questions, all those in favor of approving Resolution 33-21 please say “aye.” Vote on Res. 33-21: The motion to adopt Res. 33-21 was carried by the (Adopted) following voice vote: Ayes: Council Members Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David – 7. Noes: None. Absent: Council Members Chung and Richards – 2. Excused: None. CHR. DAVID: Thank you. Mr. Clerk, please proceed. Resolution 34-21. Page 26 Hawai‘i County Council-4 January 20, 2021 Res. 34-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF THE TREASURY Allows for the receipt of $30 million of Federally-derived funds, which would be used to pay rent, utilities, and other housing expenses for eligible households impacted by the COVID-19 pandemic. Reference: Comm. 83 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Waived: FC Motion to Approve: Mr. Kānealiʻi-Kleinfelder moved to adopt Res. 34-21. Seconded by Mr. Inaba. CHR. DAVID: Mr. Kānealiʻi-Kleinfelder, go ahead. MR. KANEALIʻI-KLEINFELDER: We have Director Sako as well as Director Kunz present for any questions that we may have. And this is fairly self- explanatory in that we just got $30 million worth of Federal funds for rent assistance/mortgage and different programs. So, I would like to hear from them if anyone has further questions. I just appreciate them being here today again. CHR. DAVID: Thank you for that. Any questions on this end? Seeing none, ladies, thank you for being here. All those in favor of approving Resolution 34-21, please say “aye.” Vote on Res. 34-21: The motion to adopt Res. 34-21 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Thank you. Mr. Clerk, Bill 6, please. Page 27 Hawai‘i County Council-4 January 20, 2021 Bill 6: AMENDS ORDINANCE NO. 10-32 WHICH RECLASSIFIED LANDS BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL – 1,000 SQUARE FEET (RS-7.5) AND MULTIPLE-FAMILY RESIDENTIAL – 1,000 SQUARE FEET (RM-1) TO MULTIPLE-FAMILY ST RESIDENTIAL – 1,500 SQUARE FEET (RM-1.5) AT KŪKŪAU 1, SOUTH HILO, HAWAIʻI, COVERED BY TAX MAP KEYS: 2-4-025:048, 053 AND 080 (Applicant: Ikaika Ohana; formerly Giampaolo “Paul” Boschetti) (Area: 5.5 Acres) The Windward Planning Commission forwards its favorable recommendation for this amendment, which would allow revisions or time extensions to five conditions to the existing change of zone ordinance. The new applicant proposes to build a 64-unit affordable housing development with a community center and garden, laundry facilities, and a 116-stall parking lot, to be located on Kapiolani Street across from the Police Department’s Hilo Headquarters. Reference: Comm. 18 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-1 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 6 on first reading and adopt Planning Committee Report No. 1. Seconded by Mr. Richards. CHR. DAVID: Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Just asking for my colleagues’ continued support on this affordable housing project. We did have a robust discussion during Committee. But I do want to note the presence of our Deputy Planning Director Jeff Darrow as well as Planner Maija Jackson here in the chambers if anybody has any questions. Thank you. I yield. CHR. DAVID: Thank you very much. Kona, any questions? No? MR. KANEALIʻI-KLEINFELDER: Not at this time. CHR. DAVID: Mahalo. And no other questions on this side? Thank you for being here, Mr. Darrow and Ms. Jackson. On that note, all those in favor of approving Bill 6 at first reading, please say “aye.” Page 28 Hawai‘i County Council-4 January 20, 2021 Vote on Bill 6: The motion to pass Bill 6 on first reading and adopt (Approved) Planning Committee Report No. 1 was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Move on to Bill 7. Mahalo. Bill 7: 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 Kalanianaʻole Avenue Reconstruction - Private project for $425,000 to the Capital Budget. Funds for this project shall be provided from Private Contributions. Reference: Comm. 22 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Approve: FC-6 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Motion to Approve: Mr. Kānealiʻi-Kleinfelder moved to pass Bill 7 on first reading and adopt Finance Committee Report No. 6. Seconded by Ms. Lee Loy. CHR. DAVID: Mr. Kānealiʻi-Kleinfelder, go ahead. MR. KANEALIʻI-KLEINFELDER: We had pretty good robust discussion on this last time. If there’s any questions, I believe the Director is here to discuss those questions. So, I yield for now. CHR. DAVID: Mahalo. Anyone else on this side? Seeing none, all those in favor of approving Bill 7 at first reading, please say “aye.” Page 29 Hawai‘i County Council-4 January 20, 2021 Vote on Bill 7: The motion to pass Bill 7 on first reading and adopt (Approved) Finance Committee Report No. 6 was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Thank you. Mr. Clerk, Bill 8, please. Bill 8: 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 Kalanianaʻole Avenue Reconstruction project for $10 million to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund – Fund Balance and/or other Sources. Reference: Comm. 23 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Approve: FC-7 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Motion to Approve: Mr. Kānealiʻi-Kleinfelder moved to pass Bill 8 on first reading and adopt Finance Committee Report No. 7. Seconded by Ms. Lee Loy. CHR. DAVID: Mr. Kānealiʻi-Kleinfelder, any comments? MR. KANEALIʻI-KLEINFELDER: We had a fairly lengthy and somewhat intense discussion on this last time. I did have a follow-up question, though. CHR. DAVID: All right. Let me see who’s in the room. MR. KANEALIʻI-KLEINFELDER: Is Mr. Rodenhurst or Mr. Thompson there? CHR. DAVID: Oh, there you are. Mr. Henricks’ head was blocking you, my line of sight, I’m sorry. Page 30 Hawai‘i County Council-4 January 20, 2021 (Note: At this time, Public Works Director Steven Rodenhurst and Acting Chief Alan Thompson, Engineering Division, came forward to address the members of the Council.) CHR. DAVID: Mahalo, Director Rodenhurst. Go ahead, Mr. Kānealiʻi- Kleinfelder. MR. KANEALIʻI-KLEINFELDER: Thank you, Chair. Thank you both for being here. My follow-up question is in regards to what was alluded to last time as being the cause for the need to increase an appropriation for the project. What exactly were the issues that were run into with this project that needed you to expand the size of the appropriation? MR. THOMPSON: Keone Thompson, Acting Chief, Engineering Division. So, we ran into some—there were some concerns about the HELCO (Hawai‘i Electric Light Company, Inc.) utility line. And in order to mitigate some of those concerns, we decided to change from ac (asphalt concrete) pavement to concrete pavement. MR. KANEALIʻI-KLEINFELDER: When you say, “utility line,” you’re talking about the underground fuel pipe or HELCO powerline? MR. THOMPSON: The underground fuel line. That’s correct. MR. KANEALIʻI-KLEINFELDER: So, the fuel line. MR. THOMPSON: Yes. MR. KANEALIʻI-KLEINFELDER: And then, what exactly happened that made you switch to concrete? MR. THOMPSON: Well, the HELCO fuel line was rather shallow. And with concerns about when we compact the ac pavement, it might cause damage to it and maybe leak or something and contaminate the ground and the water nearby. So, in order to mitigate that, we decided to change to concrete pavement, which we don’t have to compact. MR. KANEALIʻI-KLEINFELDER: Thank you. Was it only the fuel line that was the—? MR. THOMPSON: That is the main concern we have. MR. KANEALIʻI-KLEINFELDER: So, the concrete allowed you to be shallower than normal for a pipe to the surface of the ground? Page 31 Hawai‘i County Council-4 January 20, 2021 MR. THOMPSON: Well, the concrete pavement, we don’t have to compact. So, with that being said, it doesn’t put pressure on the fuel line, which would be underneath the pavement. So, in that sense, it wouldn’t put any force on the pipe that might break it. MR. KANEALIʻI-KLEINFELDER: How did that problem arise? Did you guys cut too deep or what? What happened? MR. THOMPSON: In the course of the construction when we were probing, we had discovered that the pipe had been laid so shallow. MR. KANEALIʻI-KLEINFELDER: So, the original pipe was laid shallower than it should have been? MR. THOMPSON: Yes. MR. KANEALIʻI-KLEINFELDER: And coming back to do more work, we realized that and now we, or the County is covering the cost to switch to cement over ac? MR. THOMPSON: We’re splitting the increase in cost with HELCO, and that’s what Bill 7 is about. MR. KANEALIʻI-KLEINFELDER: Okay. So, that was what we were talking about. Not anything to do with the sewer pipe or anything else? MR. THOMPSON: No, nothing to do with that. MR. KANEALIʻI-KLEINFELDER: Okay. Okay, thank you for the answer to my question. I appreciate you guys being here. Mahalo. CHR. DAVID: Mahalo, Mr. Kānealiʻi-Kleinfelder. Mr. Thompson, thank you. MS. LEE LOY: Chair? CHR. DAVID: Go ahead, Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. At Committee, I had asked for a number of things. So, Director Rodenhurst, Keone, thank you for providing that punch list. I was actually hoping that you could just give me kind of a high-level timeline on where we go from here. I understand the appropriation, the negative change order. I understand how this is all working, but can you just provide, like, just some high level—don’t have to be exact dates—on what we do and where we go from here? Page 32 Hawai‘i County Council-4 January 20, 2021 MR. RODENHURST: Yes. Ikaika Rodenhurst, Director of Public Works. Moving forward from here—in fact, from our last meeting at Committee, have since met with the contractor currently on the project, and we are pursuing the opportunity to work with them moving forward. So, the possibility of a negative change order may change at this time. In fact, how that works, we are working that out right now. To lock in a definitive timeline at this time would be irresponsible because there’s a lot of processes that have to go forward. But we are working with the current contractor to make sure that we can get this project done as soon as possible. And as soon as we can provide that timeline, we will get it to you. MS. LEE LOY: Part of the conversation, too, also included some of our utilities, and I know we had talked about kind of touching base back with gas company, HELCO. When can we reach back out to those utilities? I think, as I mentioned in Committee, there was a lot of work to be done and there was a lot of hopscotch work. When can we circle back around on the utilities so that we can have a bright line of understanding and expectation as to what comes next? MR. RODENHURST: We can work together with you and schedule that and work with Keone and the team to get us in the same meeting together to discuss that. So, yes, we can pursue that. MS. LEE LOY: Great. I think the other case and I think Mr. Kānealiʻi- Kleinfelder mentioned it: The department had a public information officer, and we could really use some information around road delays/construction. And so, my ask is, as you folks move through this in filling those positions, if you could share whatever information so other members of the Council can actually use their own bandwidth through social media so that roads and road construction that is impacting their district. If you could provide that to us, that would be helpful. And for this particular project, if we could reach into our Keaukaha Community Association meetings to let that particular community know and be aware of the timelines and what they can expect, that would be my ask. MR. RODENHURST: Yes. We can reach out to the Keaukaha community. And as far as the impacts to drivers and the public, we are working in conjunction with the Mayor’s office in providing daily updates, but I can work with Cyrus and see how we can get those to you at the same time. MS. LEE LOY: Thank you so much. Chair, I yield. CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else? Seeing none— MR. KANEALIʻI-KLEINFELDER: I have one follow-up question, Ms. Chair. Page 33 Hawai‘i County Council-4 January 20, 2021 CHR. DAVID: Oh, go ahead, Kona. Mr. Kānealiʻi-Kleinfelder, go ahead. MR. KANEALIʻI-KLEINFELDER: Thank you. Keone, so when we switch to ac, is there anything else that has to be done to the substreet before we can put the ac down—sorry, the cement down? MR. THOMPSON: Well, basically, we’re still replacing the ac with concrete. So, we still have to excavate it, and we still have to put down the base course underneath that. But for the most part, it will be just a swap. I mean, it would be two inches shallower than with the ac, but for the most part, it’s a straight switch out. MR. KANEALIʻI-KLEINFELDER: Do you have to—I mean, normally, you see them compact the material before they put down the cement. Is that something you have to follow as well? MR. THOMPSON: For concrete, it’s more just vibrate it in place. It just sets. Concrete, it just sets. MR. KANEALIʻI-KLEINFELDER: No, the base layer. MR. THOMPSON: Oh, so, for the HELCO line, we’re going to be putting CLSM (controlled low strength material) right above their fuel line so we don’t have to compact right above there. So, that’s part of the details that we worked out for just over their fuel line. MR. KANEALIʻI-KLEINFELDER: What about the rest of the roadway? MR. THOMPSON: We will be compacting base course. MR. KANEALIʻI-KLEINFELDER: And you’ll still have the depth needed to the top of the pipe? MR. THOMPSON: Yes, because above the pipe we’d put CLSM so we don’t have to—we won’t be putting base course right above the fuel line. CLSM is like a flowable. So, it’s like a base course and just some cement in it, but not as strong as regular concrete. And once it’s set, it’s like a compacted base. It depends on how much cement you put into the base course but it’s— MR. KANEALIʻI-KLEINFELDER: How thick is that roadway going to be when you’re finished? What is the thickness of the concrete? MR. THOMPSON: So, the concrete is we’re proposing eight inches over a six- inch base course. Page 34 Hawai‘i County Council-4 January 20, 2021 MR. KANEALIʻI-KLEINFELDER: Okay. But main thing is you will have the depth needed for the pipe when you’re done even though you still have to compact the base. MR. THOMPSON: Yes. MR. KANEALIʻI-KLEINFELDER: Okay. Thank you. MR. THOMPSON: Okay. MR. KANEALIʻI-KLEINFELDER: Thank you, Chair. CHR. DAVID: Thank you, Mr. Kānealiʻi-Kleinfelder. Anyone else here in Hilo? No? All right. Thank you, Mr. Thompson and Director Rodenhurst, for being here. All those in favor of approving Bill 8 at first reading, please say “aye.” Vote on Bill 8: The motion to pass Bill 8 on first reading and adopt (Approved) Finance Committee Report No. 7 was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Mr. Clerk, please, Bill 9. Bill 9: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Appropriates revenues in the following Federal – Foster Youth to Independence Initiative Voucher accounts: Voucher ($175,000) and Administration ($25,000); and appropriates the same to the following Foster Youth to Independence Initiative Voucher accounts: Voucher ($175,000) and Administration ($25,000). Funds would be used to provide housing assistance to young adults at risk of experiencing homelessness. Reference: Comm. 24 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Approve: FC-8 Page 35 Hawai‘i County Council-4 January 20, 2021 Motion to Approve: Mr. Kānealiʻi-Kleinfelder moved to pass Bill 9 on first reading and adopt Finance Committee Report No. 8. Seconded by Mr. Inaba. CHR. DAVID: Mr. Kānealiʻi-Kleinfelder, go ahead. MR. KANEALIʻI-KLEINFELDER: We had, again, pretty robust discussion with th Director Kunz at the last meeting on January 5. If anyone has further questions, I believe she’s in the Hilo chambers. CHR. DAVID: Mahalo for that. Anyone else in Hilo? No? Seeing none, all those in favor of approving Bill 9 at first reading, please say “aye.” Vote on Bill 9: The motion to pass Bill 9 on first reading and adopt (Approved) Finance Committee Report No. 8 was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Thank you. Mr. Clerk, Bill 16, please. Bill 16: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Appropriates revenues in the Federal Grants – Assistance to Firefighters Grant (AFG) 2020 COVID-19 Supplemental Grant account ($345,373.33); and appropriates the same to the AFG 2020 COVID-19 Supplemental Grant account. Funds would be used to purchase personal protective equipment for the Hawai‘i Fire Department in response to the COVID-19 pandemic. Reference: Comm. 63 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Waived: FC Motion to Approve: Mr. Kānealiʻi-Kleinfelder moved to pass Bill 16 on first reading. Seconded by Ms. Lee Loy. CHR. DAVID: Mr. Kānealiʻi-Kleinfelder, go ahead. Page 36 Hawai‘i County Council-4 January 20, 2021 MR. KANEALIʻI-KLEINFELDER: I know we had Bobby in to kind of discuss with us what this was for and uses of the fund. This is the bill to appropriate the funding to the General. I believe Deanna’s here to answer questions if anyone has any questions for her or for Mr. Perreira. CHR. DAVID: Thank you. Any questions on this side? Seeing none, all those in favor of approving Bill 16 at first reading, please say “aye.” Vote on Bill 16: The motion to pass Bill 16 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Mr. Clerk, Bill 17, please. Bill 17: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Appropriates revenues in the Federal – Emergency Rental Assistance Program COVID-19 account ($30 million); and appropriates the same to the Emergency Rental Assistance COVID-19 accounts: Program ($27 million) and Administration ($3 million). Funds would be used to pay rent, utilities, and other housing expenses for eligible households impacted by the COVID-19 pandemic. Reference: Comm. 83 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Waived: FC Motion to Approve: Mr. Kānealiʻi-Kleinfelder moved to pass Bill 17 on first reading. Seconded by Ms. Lee Loy. CHR. DAVID: Mr. Kānealiʻi-Kleinfelder, go ahead. MR. KANEALIʻI-KLEINFELDER: Again, pretty self-explanatory. We discussed the resolution for the same, and Director Sako is here for any questions as well as Susan Kunz. CHR. DAVID: Thank you for that. Any questions on this side? Seeing none, all those in favor of approving Bill 17 at first reading, please say “aye.” Page 37 Hawai‘i County Council-4 January 20, 2021 Vote on Bill 17: The motion to pass Bill 17 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. CHR. DAVID: We’re going to head back up to the top of the agenda. MR. KANEALIʻI-KLEINFELDER: Chair? CHR. DAVID: Yes? MR. KANEALIʻI-KLEINFELDER: Before I forget, I wanted to waive the five- day hold on some of these resolutions. When do I do that? CHR. DAVID: Okay, we can do it now while it’s fresh in your mind. MR. KANEALIʻI-KLEINFELDER: I’d like to waive the—do I need to do them singularly or as a whole? CHR. DAVID: Mr. Clerk, shall he do it as a group or—? MR. HENRICKS: Council’s preference. CHR. DAVID: Okay. Group? Group motion, then, Mr. Kānealiʻi-Kleinfelder. Go ahead. Vote on Motion to Mr. Kānealiʻi-Kleinfelder moved to suspend Council Suspend Council Rule 15 to waive the 5-day hold for reconsideration on Rules: Resolution Nos. 21-21, 22-21, and 32-21. Seconded by (Approved) Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Thank you, Mr. Kānealiʻi-Kleinfelder. Page 38 Hawai‘i County Council-4 January 20, 2021 MR. KANEALIʻI-KLEINFELDER: Thank you, Chair. CHR. DAVID: Now, we can go to the top of the agenda, Mr. Clerk. Return to Order The Chair directed the Council to return to the order of business. of Business: COMMUNI-The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. Comm. 53: REPORT OF ATTENDANCE OF COUNCIL MEMBERS INABA, RICHARDS, AND VILLEGAS AT THE ENVIRONMENTAL MANAGEMENT COMMISSION MEETING HELD VIA VIDEOCONFERENCING ON DECEMBER 16, 2020, PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 92-2.5(e) From Council Member Herbert M. “Tim” Richards, dated December 16, 2020. Motion to Close Mr. Richards moved to close file on Comm. 53. Seconded File: by Ms. Lee Loy. CHR. DAVID: Mr. Richards, go ahead. MR. RICHARDS: Just in compliance with the Environmental Management Commission meeting. CHR. DAVID: Thank you. Any other discussion? Seeing none—Kona, any discussion? No? Okay. Seeing none, all those in favor of filing Communication 53, please say “aye.” Vote on Comm. 53: The motion to close file on Comm. 53 was carried by the (Filed) following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Page 39 Hawai‘i County Council-4 January 20, 2021 Comm. 53.1: REPORT OF ATTENDANCE OF COUNCIL MEMBERS INABA, KIERKIEWICZ, KIMBALL, LEE LOY, RICHARDS, AND VILLEGAS AT THE KONA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE MEETING HELD VIA VIDEOCONFERENCING ON DECEMBER 16, 2020, PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 92-2.5(e) From Council Member Holeka Goro Inaba, dated December 18, 2020. Motion to Close Mr. Inaba moved to close file on Comm. 53.1. Seconded File: by Ms. Villegas. CHR. DAVID: Mr. Inaba, go ahead. MR. INABA: Hi, just reporting. I do want to make a correction. This was an island-wide community development action committee meeting. So, that’s why we were all in there. And when I recognized that there were more than what this memo (memorandum) covered, me and Council Member Villegas and Council Member Kimball exited the meeting. And that is stated here in the memo. So, just to clarify that there were specific agendas for each CDP (Community Development Plan) Action Committee, but it was a joint meeting. CHR. DAVID: Thank you for that explanation. Any other discussion? No? All right. MS. VILLEGAS: Yes. CHR. DAVID: Oh, go ahead, Ms. Villegas. MS. VILLEGAS: Chair David, I guess, to me, it brings up an opportunity to talk about potential ways in the future to avoid these kinds of potential Sunshine Law violations by having too many people. I’m not sure of the process of that, but there have been a number of occasions recently where a number of us have been on a call or a Zoom meeting. And I’m extremely grateful for Holeka’s insight in questioning whether or not there were potential violations to the Sunshine Law in which case, in most cases, both he and I have been the ones to leave the meeting. And other members of the Council have questioned whether or not it has been a violation of the Sunshine Law, and Corp. Counsel has confirmed it has. I just would ask is there some process or some way that we can avoid these future things and that other Council Members and members of this body can help support our overall attempts at making sure we aren’t engaging in meetings with Sunshine Law violations by having too many of us or taking turns in removing ourselves from meetings? I know in one such instance that we’ll get to, I left the meeting in order for Mr. Inaba to participate because he hadn’t participated before. So, it seems an opportunity for more equitable distribution of attendance. Page 40 Hawai‘i County Council-4 January 20, 2021 CHR. DAVID: Would you want an opinion by Corporation Counsel, Ms. Villegas? MS. VILLEGAS: That would be wonderful. CHR. DAVID: Thank you. MR. RICHARDS: Chair, I also have some input on that. CHR. DAVID: Okay. Do you want to say your question first and then so—yes. MR. RICHARDS: Thanks, Chair. Conveniently or paradoxically, it was on a Zoom call that Representative Nakashima said that the State has recognized this is an issue coming forth, and they’re taking it up in the Legislature to try and fix this. So, we have a fix coming down the pipeline. CHR. DAVID: Thank you so much for that. That makes sense. Ms. Schoen, please. (Note: At this time, Deputy Corporation Counsel Renee Schoen came forward to address the members of the Council.) MS. SCHOEN: Good afternoon. Renee Schoen, Deputy Corporation Counsel. I think there could be a process set up that maybe Council Chair may want to work on that. I’m sure you all remember that the Sunshine Law deals with State and County boards and commissions, and it prohibits meetings that are not open to the public. So, I notice in some of your communications, for instance, Kamehameha Schools and the Native Hawaiian Law Training, I see that you guys are reporting on attending those meetings, which is great, but it’s possible that the Sunshine Law is not applicable in that case because the topics discussed would not come before this body for action. Or it could be items that are being discussed that you don’t have under your authority or control, such that it wouldn’t be a board meeting subject to the Sunshine Law. So, it really depends on who is putting the meeting on, what the topics are. And of course, wanting to comply with the Sunshine Law, I recognize your communications that you want to err on the side of caution and be very transparent. But I think there is a system that can be set up, especially when—I’ll give you an example: Say Kamehameha School invited all of you and then they don’t publicize who is on the call. It’s difficult for you all to know who’s there. So, I mean, you just have to keep in the back of your mind even though we are subject to the Governor’s emergency proclamation, which sets out, I guess, procedures that we operate under during this pandemic, the overall Sunshine Law still applies. And the emergency period just really allows for the public and all board members to not have to be present in the same location at the same time. But otherwise, all of the other rules are applicable. Page 41 Hawai‘i County Council-4 January 20, 2021 CHR. DAVID: Ms. Villegas. MS. VILLEGAS: Okay, I guess that’s clear as mud now. With the Kamehameha Schools’ meeting, historically they had met with members of the Council on one side of the island and members on the other side so we were able to avoid any Sunshine violations. So— CHR. DAVID: Ms. Villegas, I’m sorry to interrupt you, but did you hear what Council Member Richard said, that the State is looking into that specific situation that we are asking our Corp. Counsel to weigh in on? And that maybe if we wait till we hear from them and see what they’re suggesting on how to resolve those questions that you folks have on attendance, maybe we can move forward from there. But it’s good to know that they’re actually considering addressing that issue. MS. VILLEGAS: Yeah, I appreciate that. Thank you, Mr. Richards. And so, I guess my appeal would be to, until that answer comes down, to appeal to the other members of this body for some sensitivity and prioritization of equitable attendance to meetings so that the same people aren’t always removing themselves from meetings in order to be in compliance with what currently is our Sunshine Law. With that, I yield. CHR. DAVID: Thank you, Ms. Villegas. Anyone else here? Ms. Lee Loy, go ahead. You first. MS. LEE LOY: Thank you, Chair. Ms. Schoen, thank you so much because I’ve been trying to wrap my head around this. Normally, when a meeting is publicized, there’s a meeting room, a physical space. But now because of COVID, that physical space is turning into a virtual space, and I think that’s where it’s hard for us as Council Members. And I really have no problem sharing. I think the challenge is we’re all trying to meet with community and get community input, but this augmenting of a physical space to a virtual space. And so, my question is, because I heard you, right, it’s Sunshine Law about open to the public. But now this physical space is a virtual space. How do we address that? MS. SCHOEN: It sounds odd but you have to treat the virtual space as if it were right here where we are right now. So, you would do the same analysis: Is it a meeting? Is it board business that’s being discussed? You have to go down that analysis. And so, I see that you’re meeting with community more, but really, you have to treat that virtual meeting as if it were a meeting like we are here today. MS. LEE LOY: Thank you. I really appreciate that guidance. Chair, I yield. CHR. DAVID: Thank you, Ms. Lee Loy. Ms. Kimball, go ahead. Page 42 Hawai‘i County Council-4 January 20, 2021 MS. KIMBALL: Thank you. I actually just want to propose a technical suggestion. I believe all of us use electronic calendars. If we set up a joint calendar that says, “Zoom Schedule” and ask our staff to cc (copy) that email address every time we have a Zoom scheduled that we think might be of interest to multiple Council Members. And then we have a single calendar we can go to and say, “Okay, it looks like we have seven people signed up for this Zoom meeting” and go from there. Just a possibility. CHR. DAVID: Thank you, Ms. Kimball. Anyone else? MR. INABA: Chair? CHR. DAVID: Oh, go ahead. Mr. Inaba, is that you? MR. INABA: Yes. CHR. DAVID: Okay. MR. INABA: I just want to let it be known, for the record, that this memo that was submitted was reviewed by former Corp. Counsel Joe Kamelamela. And any appearance of violation I’m going to check, and that’s the reason why it’s written like this and submitted by my office. So, although there’s different interpretations it seems, we’re going to go with what’s going to keep us safe. Thank you. CHR. DAVID: Thank you, Mr. Inaba. Anyone else on this side? Seeing none, all those in favor of filing Communication 53.1, please say “aye.” Vote on Comm. 53.1: The motion to close file on Comm. 53.1 was carried by the (Filed) following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Page 43 Hawai‘i County Council-4 January 20, 2021 Comm. 53.2: REPORT OF ATTENDANCE OF COUNCIL MEMBERS INABA, KANEALIʻI-KLEINFELDER, KIMBALL, AND VILLEGAS AT THE NATIVE HAWAIIAN LAW TRAINING COURSE HELD VIA VIDEOCONFERENCING ON JANUARY 11 AND 12, 2021, PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 92-2.5(e) From Council Member Holeka Goro Inaba, dated January 12, 2021. Motion to Close Mr. Inaba moved to close file on Comm. 53.2. Seconded File: by Ms. Villegas. CHR. DAVID: Thank you. Mr. Inaba, go ahead. MR. INABA: Chair, again, like the previous agenda item, just reporting that there were four of us in attendance at the Native Hawaiian Law Training put on by Ka Huli Ao Center for Excellence in Native Hawaiian Law. I yield. CHR. DAVID: Thank you very much. Anyone else in Kona before I go to Hilo? MR. KANEALIʻI-KLEINFELDER: Yes, Chair. CHR. DAVID: Go ahead, Mr. Kānealiʻi-Kleinfelder. MR. KANEALIʻI-KLEINFELDER: I would just like to say that I have attended that Native Hawaiian Law Training by Ka Huli Ao, I think three or four times now, and I find it to be very educational. I would suggest to all the people on the Council to take that class whenever it’s offered. It’s free and it’s just extraordinary what they—how much information that you can glean from what they’ve given and the different educators and lawmakers and attorneys who are present to answer questions. Just amazing. So, I just put it out there. And this has benefit to them. They do a wonderful job. And as a Council Member for the County of Hawai‘i, I would highly recommend that class and what they offer. So, just for the record. Thank you, Chair. I appreciate it. CHR. DAVID: Mahalo for that suggestion. Anyone else from this side? No? All right, all those in favor of filing Communication 53.2, please say “aye.” Vote on Comm. 53.2: The motion to close file on Comm. 53.2 was carried by the (Filed) following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Page 44 Hawai‘i County Council-4 January 20, 2021 Comm. 53.3: REPORT OF ATTENDANCE OF COUNCIL MEMBERS INABA, KIERKIEWICZ, LEE LOY, RICHARDS, AND VILLEGAS IN A VIDEOCONFERENCE MEETING WITH KAMEHAMEHA SCHOOLS ON JANUARY 8, 2021, TO DISCUSS PRIORITIES IN HAWAI‘I COUNTY, PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 92-2.5(e) From Council Member Susan “Sue” L. Keohokapu Lee Loy, dated January 13, 2021. Motion to Close Ms. Lee Loy moved to close file on Comm. 53.3. File: Seconded by Mr. Richards. CHR. DAVID: Ms. Lee Loy, go ahead. MS. LEE LOY: Self-explanatory. CHR. DAVID: Thank you very much. Any other comments? Kona, no? All right. Seeing none, all those in favor of filing Communication 53.3, please say “aye.” Vote on Comm. 53.3: The motion to close file on Comm. 53.3 was carried by the (Filed) following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. (Note: Items in this category were taken up previously, out of order.) BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order.) ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): (There were none.) Page 45 Hawai‘i County Council-4 January 20, 2021 REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (Note: Items in this category were taken up previously, out of order.) REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: (There were none.) OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There were none.) ANNOUNCE-The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. CHR. DAVID: Mr. Clerk, I think we have completed our schedule for today. Motion to— MS. LEE LOY: Chair? CHR. DAVID: Yes? MS. LEE LOY: Just a quick announcement. CHR. DAVID: Okay, go ahead. MS. LEE LOY: Just for the viewing audience, our nonprofit grant-in-aid th applications are due on Friday the 29. So, if there are any nonprofits out there looking for potential opportunities to seek $2.5 million or a share of it, please visit our Finance website and look for the nonprofit grant-in-aid. Chair, with that, motion to adjourn. MR. RICHARDS: Hang on. CHR. DAVID: Oh, wait, hang on. Mr. Richards, go ahead. MR. RICHARDS: Just a quick announcement, and this is for the Council. I think many of you remember when we approved the Shiro Takata Ballfield in Kohala. I think it’s about a year and a half or two years ago now. Moe Messina was there. We lost Shiro last week. So, just a pillar of Kohala community. And so, I just wanted to pass that along. Thanks, Chair. Page 46 Hawai`i County Council-4 January 20,2021 CHR. DAVID: Thank you very much for that announcement. Our condolences and best wishes go out to the family. And, Ms. Lee Loy, thank you for the reminder about the nonprofit grant. Thank you very much. ADJOURN- There being no further business, at 3:24 p.m., Ms. Lee Loy moved to adjourn the MENT: meeting. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Our Council meeting is adjourned. Mahalo, everyone. Council Approval: FEB 1 7 2021 COUNTY ' JH/dg Page 47