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HomeMy WebLinkAboutMIN COUNCIL 2019-01-23 2018-2020 Hawaii County Council 41h Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii January 23, 2019 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: 9:10 a.m., in the Council Chambers, Kailua-Kona, by Ms. Karen Eoff, Acting Chair. ROLL CALL: Present: Ms. Karen Eoff, Vice Chair Ms. Maile Medeiros David, Member Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member Ms. Susan L. K. Lee Loy, Member Ms. Valerie T. Poindexter, Member Mr. Herbert M. "Tim" Richards, III, Member (came in later) Ms. Rebecca Villegas, Member Absent & Excused: Mr. Aaron S. Y. Chung, Chair PLEDGE OF The Acting Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Mr. Kaneali`i-Kleinfelder led the Council in the Pledge of Allegiance.) PETITIONS, The Acting Chair directed the Council to proceed to the next order of business, MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (There were none.) EXPRESSIONS OF CONDOLENCE: STATEMENTS The Acting Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: Hawaii County Council-4 January 23,2019 The following individuals registered to speak and came forward when called by the Acting Chair: Patrick L. Kahawaiola`a: Res. 32-19 (Comm. 55), in support. (representing Keaukaha Community Association) Floyd D. Eaglin: Res. 32-19 (Comm. 55), in support; and Bill 102, Draft 3 (Comm. 722.84), in opposition. Abolghassem Abraham Bill 11 (Comm. 48), comment; and Sadegh: FC-1 (Comm. 35), comment. Jerry Warren: AWEEMC-2 (Comm. 38), in opposition; and Bill 210 (Comm. 1165), in opposition. Michael D. Doolittle: Bill (Comm. 28), in support. (representing Hawaii Island Veterans Memorial, Inc.) Nicole C. Nash: Bill 11 (Comm. 48), in opposition. (See Comm. 48.1) APPROVAL The Acting Chair directed the Council to proceed to the next order of business, OF MINUTES: Approval of Minutes. Vote on Approval of Mr. Richards moved to approve the Minutes of Minutes: December 3, 2018. Seconded by Ms. David and carried by (Approved) the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. COMMUNI- The Acting Chair directed the Council to proceed to the next order of business, CATIONS: Communications. (There were none.) Change Order As directed by the Acting Chair and with no objection from the Council of Business: Members, the following items were taken out of order: Page 2 Hawaii County Council-4 January 23,2019 Res. 32-19: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AGREEMENTS WITH 1) THE STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES, AND 2) THE STATE OF HAWAII DEPARTMENT OF HAWAIIAN HOME LANDS TO ASSIST WITH THE CLEARING OF EXCESSIVE VEGETATION FROM CERTAIN STATE LANDS LOCATED AT WAIAKEA, SOUTH HILO, HAWAII, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7 Authorizes right-of-entry agreements to enter State lands for the purpose of increasing visibility in an effort to deter illegal activities. Reference: Comm. 55 Intr. by: Ms. Lee Loy (B/R) Waived: PWMTC Motion to Approve: Ms. Lee Loy moved to adopt Res. 32-19. Seconded by Mr. Richards. ACTING CHR. EOFF: Ms. Lee Loy, go ahead. MS. LEE LOY: Thank you. First of all, this has been waived out of Committee just to expedite this process. I understand Officer Matt Lewis is in our Hilo office. If I could call him forward. We've been experiencing a lot of crime in that area. And just to provide a little bit of context for you folks, it's right at Kanoelehua Avenue and then, what we know, to the old airport. And there's a large, kind of, overgrown area over there. For right now, what I want to do is turn it over to Officer Lewis where he could express some of the challenges the department is facing with that area. (Note: At this time, Police Officer Matthew Lewis came forward to address the members of the Council.) MR. LEWIS: Good morning, Council, and thank you, Sue, for the time. I'm Officer Lewis with the South Hilo community policing section, and I'd just like to voice some of the concerns from our section and the partners we work with in the community in this effort to clear the brush area. I'd like to first state that our community policing section does support Resolution 32-19 for the clearing of the brush area along Kanoelehua between Kalaniana`ole and Ponos Used Cars, which goes back to the old airport area. I would like to make it clear that the concern is a hub for criminal activity and that I believe it's Hope Services that stated that there are approximately 40-50 people that come and go through that area. About 10 percent of them, four to five people, request their services. From my knowledge, those parties either moved or are working with Hope Services to get housing. So, it's not a homeless Page 3 Hawaii County Council-4 January 23,2019 encampment that we're clearing. It's a hub for this criminal activity that we're working with the community and hoping to clear up with your approval of this resolution. After meeting with the community partners and landowners, which include DLNR (Hawai`i Department of Land and Natural Resources), DHHL (Department of Hawaiian Home Lands), County of Hawaii DPW (Department of Public Works), State Land Division, Hope Services, Department of Transportation, Department of Water, and the Governor's Office, as well as the Mayor's Office, and the community policing unit, we'll be assisted by DLNR and DHHL to step up the enforcement of the surrounding areas to try and bring the criminal activity down. Several arrests were made for warrants, property crimes, and drug offenses in the area. We also trespassed several parties from the DHHL lands who were repeat offenders in some of these crimes. It should be noted that the uptick in crimes was spiked some time in August 2018 or prior to August. Some of the examples are 12 burglaries in a surrounding area, 17 thefts, 5 motor vehicle break-ins—and this is just the month of August. After working with our community partners, in just the first half of September we were able to bring it down to just one burglary, one motor vehicle break-in, and six thefts. We've been able to track stolen items from the surrounding and neighboring areas, to include Banyan Drive and the other neighboring businesses and houses, into this brush area. Also, items as far away as from thefts in Mountain View have been tracked into that brush area. The concerns of this brush area and the criminal activities have also been brought up in several community meetings, to include the Banyan Drive Business Watch, the Keaukaha Community Association, the Leleiwi Community Association, all of which have expressed their support verbally for this resolution in the meetings which I've attended. In closing, I'd just like to thank you for giving us this time to speak and your support on this resolution. If you have any questions. MS. LEE LOY: Thank you, Officer Lewis. Our community policing officers, especially in that area, they have been stretched really thin. And so, I just really want to take the opportunity to thank Officer Lewis and the rest of the community policing officers who take hold and accelerate the community partnerships that we have in that area, not only with the businesses but the associations in this area. Page 4 Hawaii County Council-4 January 23,2019 We did hear one of my favorite testifiers, Uncle Pat Kahawaiola`a, who is a really staunch supporter of the Department of Hawaiian Home Lands and the use of its lands. To get his support for this resolution really speaks volumes of how important addressing what's going on in that area from a multi-prong approach with all the partners, not only businesses, communities, but the landowners. So, with that, I do ask for your support and yield the floor. Thank you. ACTING CHR. EOFF: Thank you, Ms. Lee Loy. Council Members, do you have any questions or comments? Thank you. Thank you for MR. KANEALI`I-KLEINFELDER: I do, I'm sorry. ACTING CHR. EOFF: Oh, I'm sorry. Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: What role does the State play in this as it's State land? I support what you're doing, and I appreciate your efforts. I know we have a lot of crime across the island in general. I'm just wondering what the State is going to do to help here and then, I guess, how we could apply this to other parts of the island where this is a problem as well. MS. LEE LOY: If I may answer? ACTING CHR. EOFF: Ms. Lee Loy. MS. LEE LOY: Yeah, thank you, and that's an excellent question, Mr. Kaneali`i-Kleinfelder. In this particular resolution, what we're offering is the State is providing a right-of-entry. So, not only with the Department of Hawaiian Home Lands but with the Department of Land and Natural Resources `cause they are the property owners. And so, with that, we kind of accelerate the movement of getting that area cleaned up. So, the County, the State, and then all the other community partners will be kind of in that area cleaning up the area and then addressing the criminal element there and getting them moved into other areas and into services that can help. So, to answer your question, what the role of the State is in this one, it really affords us access into that area. MR. KANEALI`I-KLEINFELDER: Okay, thank you. ACTING CHR. EOFF: Okay, thank you. Any other questions? Ms. Villegas. MS. VILLEGAS: Aloha. Thank you so much, Council Member Lee Loy. Just a quick question about potential costs for something like this. I see in here it Page 5 Hawaii County Council-4 January 23,2019 mentions Public Works has equipment, which would be necessary. I'm just wondering if there's a budget associated with the project you're clearing, all of the undergrowth. MS. LEE LOY: Yeah, there is, but it is a shared cost. I don't have that number as far as what the shared cost is, but it is a multi-pronged approach. County, State, all working together to address the issue. I really do think what Mr. Kaneali`i-Kleinfelder touched on is this is a good model. If there are other areas within your communities, use our community partners: the community and policing officers, the businesses in the surrounding areas, the adjacent property owners. This is a real great model that any of our Council Members can use going forward to help address concerns, especially when it comes to crime. ACTING CHR. EOFF: Any other comments, questions? Seeing none, okay, thank you very much. We'll take a vote. All in favor, please say "aye." Vote on Res. 32-19: The motion to adopt Res. 32-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. Bill 5: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - THREE ACRE (A-3a) TO SINGLE-FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15) AT WAIAKEA HOMESTEADS 2ND SERIES, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-039:026 (Applicant: Hilo One Incorporated) (Area: approximately 12.728 Acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to subdivide the property into 30 lots. The application states that the subdivided lots will be sold on the open market to the general public. The property is located along the south side of Haihai Street. Reference: Comm. 27 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-2 Page 6 Hawaii County Council-4 January 23,2019 Motion to Approve: Ms. Kierkiewicz moved to pass Bill on first reading and adopt Planning Committee Report No. 2. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Mr. Kern, would you please come to the table? (Note: At this time, Zendo Kern, applicant's representative, came forward to address the members of the Council.) MR. KERN: Good morning, Madam Chair, members of the County Council. Zendo Kern, here representing the applicant. We went over this last time. There were a couple of questions; we answered those. Pretty straight-forward change of zone, and I'm happy to answer any other questions that may have come up. ACTING CHR. EOFF: Okay, thank you. Are there any questions, Council Members, for Mr. Kern or any comments? Okay, then, seeing none, thank you very much. We'll take a vote. All in favor,please say "aye." Vote on Bill 5: The motion to pass Bill 5 on first reading and adopt (Approved) Planning Committee Report No. 2 was carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Bill will move to second reading. MR. KERN: Thank you very much. You all have a great day. ACTING CHR. EOFF: Thank you, Mr. Kern. Page 7 Hawaii County Council-4 January 23,2019 Bill 1: AMENDS ORDINANCE NO. 99-42 WHICH RECLASSIFIED LANDS FROM OPEN (0) TO PROJECT DISTRICT (PD) AT KAUPULEHU, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-2-003, PORTION OF 1 (Applicant: KD Acquisition, LLLP and Hualalai Investors, LLP; formerly Kaupulehu Developments) (Area: approximately 1,078.63 Acres) The Leeward Planning Commission forwards its favorable recommendation to accept the Overall Status Report required by Condition BB, and to grant a 20-year time extension to Condition B (Development Period). The property, known as the Kaupulehu Project District, is located between the 87 and 84 mile markers of the Queen Ka`ahumanu Highway. Reference: Comm. 13 Intr. by: Ms. Kierkiewicz Approve: PC-1 (Note: Comm. 13.4, from Council Member Sue Lee Loy dated January 18, 2019, transmitting proposed amendments to Bill 1, was circulated.) Motion to Approve: Ms. Kierkiewicz moved to pass Bill 1 on first reading and adopt Planning Committee Report No. 1. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Council Members, I just want to make sure everybody has a copy of Communication 13.4 in their folder with the pink paper on top. I'd like to ask the applicants to please come forward. (Note: At this time, Steve Lim, applicant's representative, and Thad Bond of Replay Destinations and Kaupulehu Development came forward to address the members of the Council.) ACTING CHR. EOFF: Before you introduce yourself, I'll give the floor over to Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. When we were in Committee, the applicants provided, actually,just wonderful news about where they were with the State Historic Preservation Division and the approval of their burials site treatment plan. And with that, they had made representations about allowing for the opening of the public access plan or implementing the public access plan for that area. That community has been waiting for a long time. So, with those representations, what you find in Communication 13.4 basically codifies the representations that the applicant made regarding their commitment to implement: "Implementation of the public access plan shall be completed within Page 8 Hawaii County Council-4 January 23,2019 one year from the effective date of this amended Project District Ordinance." That really just cements the commitment from the applicant with the public and the public's desire to utilize that area. What you also find—well, let me start with motioning to amend Bill 1 with the contents of Communication 13.4. Motion to Amend: Ms. Lee Loy moved to amend Bill 1 with the contents of Comm. 13.4. Seconded by Mr. Richards. ACTING CHR. EOFF: You can continue. MS. LEE LOY: Thank you. So, in addition to the public access plan, we went ahead and cleaned up their fair share commitment. This is just more collaboration between the applicant and, my understanding, with Corporation Counsel's Amy Self. And just, you know, they've done a wonderful job at working hard for the last 20 years to keep moving this project forward. And I think this is another great opportunity for us to continue that working relationship. So, with that, I yield the floor. ACTING CHR. EOFF: Okay, thank you. Any other comments on the amendment? Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I just want to say I like seeing this in writing. Thank you, Councilwoman Lee Loy, for putting this together and whoever else had a hand in this. My grandpa always told me to get it in writing, and we now have it in writing that we'll be taking care of our public access and other parts of this communication that I like. So, thank you very much for working with us, and thank you. ACTING CHR. EOFF: Thank you. Ms. David. MS. DAVID: Yes, I'd also like to express my thanks, especially to Ms. Lee Loy for taking the effort and the developer and its attorney representative and getting this done. Like Mr. Kaneali`i-Kleinfelder notes, this is a huge public benefit for our community on the west side and very positive that you folks have graciously done this for the better of the community. So, I want to thank you, Ms. Lee Loy, and for also making the other housekeeping amendments to this. So, thank you very much. Aloha. ACTING CHR. EOFF: Okay, any other comments? Did you want to add something to that, or we'll go ahead and vote on the amendment first? You need to state your name and turn the mic on. Page 9 Hawaii County Council-4 January 23,2019 MR. LIM: Steve Lim, representing the applicants KD Acquisition, LLLP, and Hualalai Investors, LLP. We'd like to thank the Council and the Planning Department as well as the State Historic Preservation Division for making this happen. We're pleased to work on the public access plan implementation. And with respect to the cultural oversight, I think that they're getting ready to do that and to try to coordinate that. So, we appreciate everyone's help. Thank you. ACTING CHR. EOFF: Okay, thank you. Any other comments? Ms. David. MS. DAVID: Just one more note. Thank you for whoever's sharp eye caught that inadvertent exclusion on the Planning Department side, yeah, that we corrected or Ms. Lee Loy corrected. So, that was a great catch. So, compliments to whomever that was. Was that Corp. Counsel? Was that Amy guys or Planning? Well, thanks, everybody, for cleaning that up. All right. ACTING CHR. EOFF: Go ahead, and just introduce yourself MR. BOND: Good morning. Thad Bond. I'm with Replay Destinations and Kaupulehu Development. First, I wanted to thank you all for the process we've been through. I think it's been productive. Just to let you know we've actually had our first coordination meeting with Aunty Lei down at the Interpretive Center, and we're already working toward the preservation plan, which will allow the public access. So, that's happening. The other thing I just wanted to maybe correct the record on is in the last, in the Planning Committee meeting, I think it was noted by somebody that we had been working on getting the preservation plan approved for eight years. And actually, it was submitted in 2013, so it's actually five years. So, to be a little friendlier to our friends at SHPD (State Historic Preservation Division), it wasn't eight years; it was five. ACTING CHR. EOFF: Thank you. It was really good that it happened timely so that we can go ahead with this. I just want to add my thanks to everyone for working together. Just to be clear, we're going to vote on Communication 13.4, which amends two sections of Bill 1: Condition S and Condition W. So, all in favor,please say "aye." Page 10 Hawaii County Council-4 January 23,2019 Vote on Motion to The motion to amend Bill 1 with the contents of Amend: Comm. 13.4 was carried by the following voice vote: (Approved) Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Motion carries. Now, we're going to go back to Bill 1, as amended with the contents of Communication 13.4. Is there any more discussion? Seeing none, then, thank you very much. All in favor, please say Ic aye. Vote on Bill 1: The motion to pass Bill 1, as amended to Draft 2, on first Draft 2 reading and adopt Planning Committee Report No. 1 was (Approved) carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Motion carries. Bill 1 goes to second reading. MR. LIM: Thank you very much. Res. 36-19: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF THE ATTORNEY GENERAL, HAWAII CRIMINAL JUSTICE DATA CENTER (HCJDC), PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE OFFICE OF THE PROSECUTING ATTORNEY Federally-derived funds in the amount of$7,000 would be used to reimburse overtime costs incurred by staff of the Office of the Prosecuting Attorney while they research cases with overdue dispositions identified by the HCJDC. Reference: Comm. 61 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 36-19. Seconded by Ms. Lee Loy. Page 11 Hawaii County Council-4 January 23,2019 ACTING CHR. EOFF: Any discussion? MS. DAVID: I think Mr. Roth would like to say a few words. ACTING CHR. EOFF: Mr. Roth, would you like to come forward? Thank you. (Note: At this time, Prosecuting Attorney Mitch Roth came forward to address the members of the Council.) MR. ROTH: Good morning. Thank you very much for moving this on and bringing this up. Sorry, this microphone seems to be a little bit harsh. I just want to thank the Council, and if there's any questions, we're happy to answer. MS. KIERKIEWICZ: Chair, I have a question for Mr. Roth. ACTING CHR. EOFF: Ms. Kierkiewicz. MS. KIERKIEWICZ: Hi, Mitch. Thank you for taking the time to be here with us today. I was just wondering, of the $7,000 that is being given to your office from the Feds., how many cases can you say will, essentially, be researched with this money? MR. ROTH: It's actually by the State, and there's about 890 total charges that we're looking at: 205 of those are felonies; 480 are misdemeanors, including petty misdemeanors; and 122 are violations. So, the total charges—research was 800. The total charges with updated dispositions was 700. ACTING CHR. EOFF: Thank you. Okay, any more discussion? Thank you, Mr. Roth. All in favor, please say "aye." Vote on Res. 36-19: The motion to adopt Res. 36-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Resolution 36 is adopted. MR. ROTH: Thank you. ACTING CHR. EOFF: Thank you. Page 12 Hawaii County Council-4 January 23,2019 Bill 6: AMENDS ORDINANCE NO. 07-26, WHICH RECLASSIFIED LANDS FROM OPEN (0) TO MULTIPLE FAMILY RESIDENTIAL - 1,000 SQUARE FEET (RM-1) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-057:029, PORTION 030 AND PORTION 031 (FORMERLY 2-4-057:001) (Applicant: Hawaii Island Veterans Memorial, Inc.) (Area: 4.888 Acres) The Windward Planning Commission forwards its favorable recommendation to grant a 10-year time extension to Condition C (Complete Construction), and its unfavorable recommendation to defer the requirements of Condition B (Water Commitment) and delete Condition F (Install Street Lights and Traffic Controls). The applicant's current plan is to establish the Ka Hui Koa development project consisting of approximately 96 rental housing units and a community center, located at the north corner of the Kawili Street and Kapi`olani Street intersection. Reference: Comm. 28 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-3 Motion to Approve: Ms. Kierkiewicz moved to pass Bill on first reading and adopt Planning Committee Report No. 3. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Ms. Kierkiewicz. MS. KIERKIEWICZ: I believe we have a representative from the Hawaii Island Veterans Memorial Board in Hilo: Mr. Nash. ACTING CHR. EOFF: Excuse me, I think someone's mic might be on. Excuse me. One of the outer sites, I believe your microphone is on. Hello? Okay, go ahead. MS. KIERKIEWICZ: Thank you, Chair. I just want to note that at our Planning Committee meeting, we had discussed with the applicant that they were able to meet all of the conditions that were outlined in the ordinance. And so, I believe they're here today. And if there's anything else that you want to mention about this project, please feel free to do so. ACTING CHR. EOFF: Council Members, any questions? Any questions from the applicant or any comments from the applicant? Anything you would like to add? (Note: At this time, Vice Chair Michael Doolittle and Board Member Thomas Fratinardo of Hawaii Island Veterans Memorial, Inc., came forward to address the members of the Council.) Page 13 Hawaii County Council-4 January 23,2019 MR. DOOLITTLE: I don't have anything to add. We're just anxious for this rezone to be completed, that's all. ACTING CHR. EOFF: I don't think your mic is on. Mr. Doolittle, were you speaking? MR. DOOLITTLE: No, I don't have anything to add or any questions to ask. ACTING CHR. EOFF: Okay. MR. FRATINARDO: I'm Thomas Fratinardo from HIVM (Hawai`i Island Veterans Memorial, Inc.). I just want to thank you for your continued support of this matter. ACTING CHR. EOFF: I need to take a quick recess to determine where there's a microphone open that shouldn't be at an outer site. Okay, we'll be in recess. Recess: At 9:59 a.m., the Acting Chair called for a recess. Reconvene: The meeting reconvened at 10:13 a.m. ACTING CHR. EOFF: Ms. Kierkiewicz, I believe you had the floor. MS. KIERKIEWICZ: Thank you, Chair. Hello, applicants. Mr. Doolittle, I believe you were starting to say something about the project. MR. DOOLITTLE: (Inaudible). MS. KIERKIEWICZ: Could you turn your mic on, please? Bring it closer to you. MR. DOOLITTLE: We're here today, actually, more than anything else, to just introduce ourselves. I'm relatively new to the Board from the last three years. Following this project and trying to keep up with all of the different little steps and boxes we have to check in order to get this project done. So, as the new Vice Chairman, I don't have any specific questions about your process. But my comments in general are about housing and the slow pace in which any of this stuff can happen. So, as an ongoing group, hopefully we'll undertake another project after this one. How can we expedite these projects and try to attack the housing crisis in a little more effective way than this slow pace that we've been on for the last ten years? MS. KIERKIEWICZ: Thank you. Anything else? Could you introduce the gentleman that is sitting next to you, Mr. Doolittle? Page 14 Hawaii County Council-4 January 23,2019 MR. DOOLITTLE: This is one of my fellow board members, Tom Fratinardo. He's pretty well known around this County. MS. KIERKIEWICZ: Great. Thank you both for being here. Madam Chair, I yield. MR. DOOLITTLE: Aloha. ACTING CHR. EOFF: Okay, thank you, Ms. Kierkiewicz. Thank you. Any other questions or comments for the applicants? Seeing none, all in favor please say "aye." Vote on Bill 6: The motion to pass Bill 6 on first reading and adopt (Approved) Planning Committee Report No. 3 was carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Bill is approved at first reading. We'll move to second reading. MR. FRATINARDO: Thank you very much. ACTING CHR. EOFF: Thank you. Thank you for being here. Return to Order The Acting Chair directed the Council to return to the order of business. of Business: ORDER OF The Acting Chair directed the Council to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. (Note: Resolutions 32-19 and 36-19 were taken up previously, out of order.) Page 15 Hawaii County Council-4 January 23,2019 Res. 21-19: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS Provides $100,000 from Department of Commerce and Consumer Affairs to the Department of Information Technology to fund its Hi-WiFi project to increase access to affordable internet and broadband services in unserved and underserved areas in Hawaii County. Reference: Comm. 14 Intr. by: Ms. David (B/R) Approve: FC-3 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 21-19 and Finance Committee Report No. 3. Seconded by Ms. David. ACTING CHR. EOFF: Do you have any comments, either one of you? MS. DAVID: Well, I just want to make a note that this was approved in Finance, and it was explained, I guess, by the IT (Information Technology) Department. So, we just ask for your continued support unless they're here to weigh in again. I just ask for your continued support. ACTING CHR. EOFF: Okay, thank you. All in favor, please say "aye." Vote on Res. 21-19: The motion to adopt Res. 21-19 and Finance Committee (Adopted) Report No. 3 was carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Resolution 21 is adopted. Page 16 Hawaii County Council-4 January 23,2019 Res. 27-19: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR SOFTWARE MAINTENANCE AGREEMENT FOR THE DEPARTMENT OF PUBLIC WORKS, TRAFFIC DIVISION Authorizes the Mayor to enter into a five-year lease agreement for continued software support and annual upgrades, with an approximate cost of$80,899, effective April 1, 2019 through March 31, 2024. Reference: Comm. 43 Intr. by: Ms. David (B/R) Approve: FC-4 Motion to Approve: Ms. David moved to adopt Res. 27-19 and Finance Committee Report No. 4. Seconded by Ms. Kierkiewicz. ACTING CHR. EOFF: Ms. David. MS. DAVID: Yes, I just ask for your continued support as this passed out of Finance. Thank you. ACTING CHR. EOFF: Thank you, Ms. David. Any other comments? Seeing none, all in favor please say "aye." Vote on Res. 27-19: The motion to adopt Res. 27-19 and Finance Committee (Adopted) Report No. 4 was carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Motion carries. Resolution 27 is adopted. Page 17 Hawaii County Council-4 January 23,2019 Res. 31-19: 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 BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST THE KONA SOIL AND WATER CONSERVATION DISTRICT WITH EXPENSES FOR EDUCATIONAL MATERIALS Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 54 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 31-19. Seconded by Mr. Richards. ACTING CHR. EOFF: Ms. David. MS. DAVID: This is a contingency request that I'm funding for the Kona Soil and Water Conservation District. This is to help with their brochures and their workshop materials. They provide very important informational material. So, just ask for your support. ACTING CHR. EOFF: Okay, thank you. Any other comments? Seeing none, all in favor please say "aye." Vote on Res. 31-19: The motion to adopt Res. 31-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Motion carries. Resolution 31 is adopted. Page 18 Hawaii County Council-4 January 23,2019 Res. 33-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO GOING HOME HAWAII TO ASSIST WITH ITS WEST HAWAII PU'UHONUA WELLNESS CENTER PROGRAM Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 56 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 33-19. Seconded by Ms. Kierkiewicz. ACTING CHR. EOFF: Ms. Villegas, do you have a comment? MS. VILLEGAS: We had a recent meeting about Village 9, and all of the different stakeholders were present to talk about some of the issues facing our communities islandwide with regards to homelessness. I had the privilege of meeting a gentleman who helps run Going Home, and he explained to me how some of the statistics relevant to the homeless population Going Home represents and helps to service people coming out of incarceration. And those numbers aren't always included in the homeless population numbers. So, I'm still kind of getting my bearing on what all that means. But I feel that this is a really relevant initiative and organization to support to provide services for people who are transitioning back into society and to support them as they navigate their way back into participating in a healthy capacity. So, thank you for your consideration for support for this. ACTING CHR. EOFF: Okay, thank you. Any other comments? MS. KIERKIEWICZ: Chair, if I may? ACTING CHR. EOFF: Ms. Kierkiewicz. MS. KIERKIEWICZ: I just want to thank you, Council Member Villegas, for your support of this program. A dear friend of mine, Irene Nagao, is actually one of the founders of Going Home, and I know that they work incredibly hard to reduce recidivism rates. And so, I thank you so much for your generosity. I yield the floor. ACTING CHR. EOFF: Thank you. Okay, all in favor please say "aye." Page 19 Hawaii County Council-4 January 23,2019 Vote on Res. 33-19: The motion to adopt Res. 33-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Motion carries and Resolution 33 is adopted. Res. 34-19: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $1,000 TO THE HAWAII FIRE DEPARTMENT Donated by The Petco Foundation, this donation would be used towards the department's canine program to defray training and travel costs. Reference: Comm. 58 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 34-19. Seconded by Ms. Poindexter. ACTING CHR. EOFF: Any comments on this one? MR. RICHARDS: Yes. ACTING CHR. EOFF: Mr. Richards. MR. RICHARDS: I'm wondering if somebody from the Fire Department is here. ACTING CHR. EOFF: I don't think so. Ms. Kierkiewicz may have a comment, though. MS. KIERKIEWICZ: I have some comments that may answer some of Mr. Richards' questions MR. RICHARDS: Sure. ACTING CHR. EOFF: Go ahead. MS. KIERKIEWICZ: Regarding this donation. So, I reached out to B. C. Perreira on this, and he let me know that it is part of an annual recertification program through the main criminal justice academy. In May 2008, Page 20 Hawaii County Council-4 January 23,2019 he and the fire dog Ka`imi were the first in Hawaii to have a certified arson canine team. And so, this donation of a thousand dollars helps to defray costs for travel for annual recertification. And I believe that this year's recertification is happening in Florida. ACTING CHR. EOFF: Thank you. MR. RICHARDS: All right. That sort of answers it, so thank you. ACTING CHR. EOFF: Okay. Any other comments or questions? Okay, all in favor please say "aye." Vote on Res. 34-19: The motion to adopt Res. 34-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Motion carries and Resolution 34 is adopted. Thank you, Petco. Res. 35-19: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $3,000 TO THE POLICE DEPARTMENT Donated by Hawaii Chapter No. 1, Order of the Eastern Star, this donation would be used to purchase equipment and/or train police officers in the Puna and South Hilo districts. Reference: Comm. 59 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 35-19. Seconded by Ms. Kierkiewicz. ACTING CHR. EOFF: Any comments on this one? Ms. Kierkiewicz. MS. KIERKIEWICZ: Yes, I have comments. I noticed that half of the money is allotted for the Puna District, and so I reached out to Lieutenant Robert Fujitake on this but was actually referred to Lieutenant Derr because there was some shuffling around in the Police Department. He shared with me that this money could be used for a number of things, including a bike patrol training program, Page 21 Hawaii County Council-4 January 23,2019 purchase another bike or reflective equipment for night rides, also transport equipment for police vehicles to take bikes into locations where officers can park and ride. There was also discussion of training related to developing informants or problem-solving training to deal with things like drug houses, crime, and trafficking issues. So, I'm really grateful to the Order of the Eastern Star for this donation to HPD (Hawai`i Police Department), and I would urge my colleagues to support this resolution. I yield the floor. ACTING CHR. EOFF: Okay, thank you. Any other comments? Seeing none, all in favor please say "aye." Vote on Res. 35-19: The motion to adopt Res. 35-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Motion carries and Resolution 35 is adopted. 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.) Bill 102: AMENDS CHAPTER 2 OF THE HAWAII COUNTY CODE 1983 (Draft 3) (2016 EDITION, AS AMENDED) BY ADDING A NEW ARTICLE (2016-2018) RELATING TO TRANSPORTATION SURCHARGE Establishes a one-half percent general excise and use tax surcharge to fund operating or capital costs of public transportation systems within Hawaii County, to be levied beginning January 1, 2019. Reference: Comm. 722.84 Intr. by: Ms. David (B/R) Negative: FC-79 (Due to a vote of 3-ayes, 6-noes) Public Hearing: February 20, 2018 Postponed: February 21 and May 9, 2018 (Note: There is a motion by Ms. David, seconded by Ms. O'Hara, to approve Bill 102, Draft 2, as amended.) Page 22 Hawaii County Council-4 January 23,2019 ACTING CHR. EOFF: Okay, thank you. So, there is a motion on the floor. Ms. David, would you like to comment? MS. DAVID: Yes. Thank you. When I first saw this on the agenda, it just jogged my memory why is this on the agenda? And thanks to my conversation with our County Clerk, this was, if the Council Members that were in the prior term remember, it had to be agendized to take care of this housekeeping matter that was carried over from 2016-2018. When we postponed this on May 9, instead of postponing it to the call of the Chair, we postponed it to today's meeting. Subsequent to today's meeting, we approved the quarter percent increase, and that was approved by the Council and now it's codified in our Code. So, herein lies the housekeeping issue. In discussion with the County Clerk, he suggested that in order to make our records clean, we bring this up again and postpone it to the call of the Chair or—why don't I ask him to, yeah—or postpone indefinitely. What are our choices in order to make this a clean procedural matter for our agenda? ACTING CHR. EOFF: Mr. Clerk, would you like to help out here? MR. HENRICKS: Sure. You're right on point with everything. I would say you have a variety of options before you, as you always do. But because of the circumstances you mentioned, this is no longer a viable bill. Because of that, you certainly could vote it down completely, which may confuse people to some degree, though, to be honest. You could postpone it to the call of the Chair, but that would also, in essence, appear to keep it alive for further consideration, which it's never going to be a viable bill no matter what happens in the future. Postponing indefinitely would, according to our Council rules, effectively kill the main motion without the Council taking a position on it and is used when you want to dispose of a badly written main motion that cannot be adopted or expressly rejected without possible undesirable consequences. So, it seems appropriate at this point in time for you guys to entertain that kind of a motion. ACTING CHR. EOFF: Thank you. MS. DAVID: Thank you very much. Oh, I'm sorry. ACTING CHR. EOFF: You had the floor. MS. DAVID: Yes, thank you. So, I would, on that note, I would make a motion to postpone indefinitely. Page 23 Hawaii County Council-4 January 23,2019 Vote on Motion to Ms. David moved to postpone Bill 102, Draft 3, Postpone: indefinitely. Seconded by Mr. Richards and carried by the (Approved) following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff–8. Noes: None. Absent: Council Member Chung– 1. Excused: None. (Note: Finance Committee Report No. 79 was also postponed indefinitely.) ACTING CHR. EOFF: Motion carries. MR. HENRICKS: So, Madam Chair, if we could just, `cause we don't often that's a motion that is not used frequently. So,just for the record,just to be clear for anybody listening, as we stated earlier that effectively kills the motion and it is not expected to be brought back again at any time in the future. Correct? ACTING CHR. EOFF: This particular bill will not be brought back. MR. HENRICKS: Thank you. ACTING CHR. EOFF: Okay, thank you, Mr. Clerk. Bill 192: AMENDS CHAPTER 2, ARTICLE 40, SECTION 2-202, AND CHAPTER 14, (Draft 3) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), (2016-2018) RELATING TO THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Establishes an Environmental Quality Control program to mitigate nuisance factors at County facilities, under the control of the department, such as improperly-handled refuse and wastewater, invasive plants, and feral cats, dogs, and pigs. Reference: Comm. 1083.23 Intr. by: Ms. O'Hara Negative: AWEEMC-3 (Due to a vote of 9-noes) ACTING CHR. EOFF: Can I have a motion? Mr. Clerk, we don't have a motion. I know we were going to—we do need to correct the voting block anyways. MR. HENRICKS: Sure. ACTING CHR. EOFF: So, what would I do in this case? Page 24 Hawaii County Council-4 January 23,2019 MR. HENRICKS: If you do not recognize a motion then the bill fails at first reading for lack of a motion. And then, the housekeeping matter of correcting an erroneous Committee report can be taken as a side matter, a separate motion. ACTING CHR. EOFF: Okay, thank you. MR. RICHARDS: Madam Chair? MR. HENRICKS: So, is thatI'm sorry, before you proceed, Mr. Richards ACTING CHR. EOFF: So, we don't have a main motion, but I would like to entertain a motion to correct the voting block on the Committee report. MR. HENRICKS: And prior to doing that, could you just make it clear for the record, as Chair, that because there was no motion to pass Bill 192, Draft 3, on first reading, it dies for a lack of motion? Bill 192: ACTING CHR. EOFF: Okay. What I understand is because there's no motion to Draft 3 approve, then, Bill 192, Draft 3, fails at first reading. (Failed Due to Lack of a Motion) (Note: Agriculture, Water, Energy, and Environmental Management Committee Report No. 3 was adopted.) MR. HENRICKS: Thank you, Madam Chair. ACTING CHR. EOFF: Mr. Richards. MR. RICHARDS: Yeah, thank you, Madam Chair. This comes out of my Committee now, and we were going to address the clerical error, I guess we could call it. And so, I'd like to make a motion to correct the clerical error as far as the voting block and update it. If you read through the bill itself, it says it went to Council with a negative recommendation, yet everything there was a positive recommendation. So, we just need to correct it. So, I move that we correct that. MS. POINDEXTER: Second. Motion to Amend ACTING CHR. EOFF: It was moved by Mr. Richards and seconded by AWEEMC-3: Ms. Poindexter to correct the indication on the voting block that there were nine "ayes," to correct it so that there are nine "noes" on the Committee report. MR. RICHARDS: Correct. ACTING CHR. EOFF: That would be Report No. 3. Okay. Any discussion on that? Seeing none, all in favor please say "aye." Page 25 Hawaii County Council-4 January 23,2019 Vote on Motion The motion to amend the voting block on Agriculture, to Amend Water, Energy, and Environmental Management AWEEMC-3: Committee Report No. 3 to reflect nine "noes"was carried (Adopted) by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff–8. Noes: None. Absent: Council Member Chung– 1. Excused: None. MR. RICHARDS: Just one quick procedural. Clerk, we just fix this clerically and then we're done with this? We don't have to come back and do anything? MR. HENRICKS: We don't need to do anything further in the meeting. There'll be a few follow-up documents that will rectify the record. MR. RICHARDS: Okay. Thank you very much. Thank you, Chair. ACTING CHR. EOFF: Okay, thank you. Bill 210: AMENDS CHAPTER 21, ARTICLE 4, OF THE HAWAII COUNTY (2016-2018) CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SEWER SERVICE CHARGES Increases sewer fees incrementally on March 1 for three years beginning in 2019, as follows: Single Unit Residential: $12, $7, and $6; Multi-Unit Residential: $12, $7, and $6; Nonresidential: $17, $9, and $6; Private Haulers: $15, $10, and $5; and Gang Cesspools: $0, $6, and $3. The Department of Environmental Management requests these increases to eliminate the need for the General Fund subsidy and increase funding for facility repairs. Reference: Comm. 1165 Intr. by: Ms. David (B/R) Approve: FC-5 Motion to Approve: Ms. David moved to pass Bill 210 on first reading and adopt Finance Committee Report No. 5. Seconded by Ms. Villegas. ACTING CHR. EOFF: Ms. David. MS. DAVID: Thank you. I had a conversation with Director Kucharski yesterday—and I understand that Robin Bauman and Diane Noda are in our Hilo Chambers—but right now I think Mr. Kucharski is attending the Environmental Page 26 Hawaii County Council-4 January 23,2019 Commission meeting where he was requested by this body to ask them to come back with some proposals for alternatives. That's what happened in the last meeting. And since I don't see him in the Council Chambers, he is okay to have this matter postponed to our next meeting in Hilo, and that would still fall within their timeframe. And if Diane or Robin wants to add into that. If not, they should come back with some recommendations at our next meeting. Vote on Motion to Ms. David moved to postpone Bill 210 to February 5, 2019. Postpone: Seconded by Mr. Richards and carried by the following (Approved) voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Bill 210 is postponed to February 51h. Bill 2: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Appropriates revenues in the State Grants-DCCA—HI-WiFi Pilot account ($100,000); and appropriates the same to the DCCA—HI-WiFi Pilot account. Funds would be used to increase access to affordable internet and broadband services in unserved and underserved areas in Hawaii County. Reference: Comm. 14 Intr. by: Ms. David (B/R) Approve: FC-6 Motion to Approve: Ms. David moved to pass Bill on first reading and adopt Finance Committee Report No. 6. Seconded by Ms. Villegas. ACTING CHR. EOFF: Ms. David. MS. DAVID: We discussed this in Committee, and we've moved forward with a positive recommendation. I ask for your continued support. ACTING CHR. EOFF: Thank you. Any other comments? Seeing none, all in favor please say "aye." Page 27 Hawaii County Council-4 January 23,2019 Vote on Bill 2: The motion to pass Bill 2 on first reading and adopt (Approved) Finance Committee Report No. 6 was carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Bill 2 is approved and will move to second reading. Bill 3: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Increases revenues in the State Grants —Commercial Driver's License Program account ($1,759); and appropriates the same to the Commercial Driver's License Program Other Current Expenses account. Funds would be used by the Finance Department's Vehicle Registration and Licensing Division for travel costs to send a County Commercial Driver's License instructor to Honolulu to instruct a Commercial Driver's License Examiner class and gain experience with testing protocols. Reference: Comm. 15 Intr. by: Ms. David (B/R) Approve: FC-7 Motion to Approve: Ms. David moved to pass Bill 3 on first reading and adopt Finance Committee Report No. 7. Seconded by Ms. Villegas. ACTING CHR. EOFF: Any comments? Ms. David. MS. DAVID: Just ask for your continued support. ACTING CHR. EOFF: Thank you. Any other comments? Seeing none, all in favor please say "aye." Page 28 Hawaii County Council-4 January 23,2019 Vote on Bill 3: The motion to pass Bill 3 on first reading and adopt (Approved) Finance Committee Report No. 7 was carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Bill 3 is approved and will move to second reading. Bill 4: AMENDS ORDINANCE NO. 18-69, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2018 TO JUNE 30, 2019 Adds the Public Works Dispatch Center project for $500,000 to the Capital Budget. Funds for this project shall be provided from the General Obligation Bonds, Capital Projects Fund - Fund Balance and/or Other Sources. The new Fire and Police Dispatch Center would be located at Mohouli Street in Hilo. Reference: Comm. 16 Intr. by: Ms. David (B/R) Approve: FC-8 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Vote on Bill 4: Ms. David moved to pass Bill 4 on first reading and adopt (Approved) Finance Committee Report No. 8. Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Bill 4 is approved and will move to second reading. Page 29 Hawaii County Council-4 January 23,2019 Bill 7: AMENDS ORDINANCE NO. 18-69, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2018 TO JUNE 30, 2019 Adds the Public Works Alii Drive Culvert Replacement—Fair Share project for $2.2 million to the Capital Budget. Funds for this project shall be provided from Fair Share Contributions. Funds would account for the County's 20 percent portion of costs, with remaining funding provided by Federal Highway Administration. Reference: Comm. 44 Intr. by: Ms. Villegas (B/R) Approve: FC-9 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Vote on Bill 7: Ms. Villegas moved to pass Bill on first reading and (Approved) adopt Finance Committee Report No. 9. Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Bill is approved and will move to second reading. Bill 13: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Increases revenues in the Federal Grants —Traffic Safety Training Project account ($3,228); and appropriates the same to the Traffic Safety Training Project account, for a total appropriation of $143,228. Funds would be used to pay for a representative of the Office of the Prosecuting Attorney to attend traffic safety meetings and provide traffic safety training for law enforcement personnel. Reference: Comm. 60 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 13 on first reading. Seconded by Ms. Lee Loy. Page 30 Hawaii County Council-4 January 23,2019 MS. DAVID: Thank you. This was waived from Finance, but it's pretty self- explanatory. I see Director Sako in our Hilo office if Council Members have any questions. Other than that, I ask for your support. Thank you. ACTING CHR. EOFF: Any other comments or questions? Seeing none, all in favor please say "aye." Vote on Bill 13: The motion to pass Bill 13 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Bill 13 is approved at first reading and will move to second reading. Bill 14: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Appropriates revenues in the Federal Grants —Hawai`i Criminal Justice Center- Overdue Dispositions account ($7,000); and appropriates the same to the Hawaii Criminal Justice Center-Overdue Dispositions account. Funds would be used to reimburse overtime costs incurred by staff of the Office of the Prosecuting Attorney while they research cases with overdue dispositions identified by the HCJDC. Reference: Comm. 61 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 14 on first reading. Seconded by Ms. Poindexter. ACTING CHR. EOFF: Ms. David. MS. DAVID: Yes,just ask for your support. This is the companion to the resolution we already passed. Thank you. ACTING CHR. EOFF: Any questions or comments? Seeing none, all in favor please say "aye." Page 31 Hawaii County Council-4 January 23,2019 Vote on Bill 14: The motion to pass Bill 14 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Motion carries and Bill 14 will move to second reading. 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): Bill 8: AMENDS ORDINANCE NO. 18-69, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2018 TO JUNE 30, 2019 Adds the General Government, Island-Wide Hurricane Lane Damage Projects for $36,921,225 (Federal Emergency Management Agency) and $12,307,075 (County), for a total of$49,228,300 to the Capital Budget. Funds for this project shall be provided from Federal Grants Receivable ($36,921,225) and General Obligation Bonds, Capital Projects Fund—Fund Balance and/or Other Sources ($12,307,075). Reference: Comm. 45 Intr. by: Ms. Lee Loy First Reading: January 9, 2019 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. Lee Loy moved to pass Bill 8 on second and final reading. Seconded by Ms. Kierkiewicz. ACTING CHR. EOFF: Ms. Lee Loy. MS. LEE LOY: Just asking for the continued support of these monies coming in. Thank you. ACTING CHR. EOFF: Any other comments, Council Members? Seeing none, all in favor please say "aye." Page 32 Hawaii County Council-4 January 23,2019 Vote on Bill 8: The motion to pass Bill 8 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Bill 8 is adopted. Bill 9: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Appropriates revenues in the Federal Grants —Economical Adjustment Assistance account ($250,000); and appropriates the same to the Economical Adjustment Assistance account. Funds would be used to create an economic recovery plan to provide relief, recovery, and relocation strategies for the recent Kilauea eruption. Reference: Comm. 46 Intr. by: Ms. Kierkiewicz First Reading: January 9, 2019 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 9 on second and final reading. Seconded by Ms. Villegas. ACTING CHR. EOFF: Any comments? MS. KIERKIEWICZ: I just ask my colleagues for their continued support. Ron Whitmore from R&D (Department of Research and Development)provided an explanation as to how these monies would be spent to craft a relocation strategy and provide a framework for our entire island to take a look at in the event of future disasters. Thank you, Madam Chair. I yield. ACTING CHR. EOFF: Okay, all in favor please say "aye." Page 33 Hawaii County Council-4 January 23,2019 Vote on Bill 9: The motion to pass Bill 9 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Bill is adopted. Vote on Motion to Ms. Poindexter moved to suspend Council Rule 15 to Suspend Council waive the five-day hold for reconsideration. Seconded by Rules: Ms. Kierkiewicz and carried by the following voice vote: (Approved) Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Motion carries. Okay, thank you. So, we're waiving our rule. Bill 10: AMENDS ORDINANCE NO. 18-69, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2018 TO JUNE 30, 2019 Adds the General Government, Island-Wide 2018 Lava Flow Damage Projects for $24,746,625 (Federal Emergency Management Agency) and $8,248,875 (County), for a total of$32,995,500 to the Capital Budget. Funds for this project shall be provided from Federal Grants Receivable ($24,746,625) and General Obligation Bonds, Capital Projects Fund—Fund Balance and/or Other Sources ($8,248,875). Reference: Comm. 47 Intr. by: Ms. Kierkiewicz First Reading: January 9, 2019 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. Kierkiewicz moved to pass Bill 10 on second and final reading. Seconded by Ms. Lee Loy. Page 34 Hawaii County Council-4 January 23,2019 ACTING CHR. EOFF: Ms. Kierkiewicz. MS. KIERKIEWICZ: Chair, if I may, I have some comments. I recognize, and I'm sure my colleagues do too, the importance of these funds to help kickstart recovery in our Puna district. But I do want to make note of a recent clip that was shared on Big Island Video News in which Senator Donovan Dela Cruz, who is the Chair of Ways and Means, he was leading a hearing of that group. They were questioning Ford Fuchigami about the disaster recovery package that's being put forth by the County and the number of$155 million that's being floated around. I was discouraged that Mr. Fuchigami could not speak to any details about our legislative ask. I find this to be very serious. And Senator Dela Cruz's comments of"Where will we get this $155 million?"; looking around the room and saying, "Who here is going to be supporting that?" That gave me pause, and I think it should give everybody here at the Council and at the County great pause. We need to consider that the Legislature is watching us. We need to set our priorities and be very clear about them going forward and not just offer up round numbers. And so, while I am encouraging my colleagues to support Bill 10, I think as we move forward through this legislative session, we need to be very careful about setting our priorities and being very clear about them. Thank you, Chair. I yield the floor. ACTING CHR. EOFF: Okay, thank you, Ms. Kierkiewicz. Ms. Lee Loy. MS. LEE LOY: Thank you for those words, Ms. Kierkiewicz. And really, to springboard off of that, they are watching. And so, it's really important for us to demonstrate if the State is going to be giving us money that we accelerate that down into the community. And so, I think dovetailing off of what Ms. Kierkiewicz said, they're placing a lot of faith in this body that if that money does come, that we can get it down into the community and start the recovery that specifically Puna needs. So, with that, and maybe it's just a call to action for all of us here on the dais. Going forward, this is a priority for us as a body. And so, we really need to be systemic and strategic about how this money comes in and getting it done. So, with that, I yield the floor. Thank you. ACTING CHR. EOFF: Okay, thank you, Ms. Lee Loy. Any other comments? Mr. Richards. MR. RICHARDS: Thank you, Chair, and thank you, Councilwomen Kierkiewicz and Lee Loy. I just want to be mindful of the fact that when we're talking about the lava recovery, it's the County that is recovering, not just East Hawaii. In West Hawaii, we saw a huge downturn in our tourism. As was reported by the Page 35 Hawaii County Council-4 January 23,2019 West Coast Resort Association, we saw a $25-million cancellation in rooms for May and June. July, August, September, it added another $20 million. So, there's a huge economic impact on this side. Again, so just mindful when we make our decisions. We've got to get it going, but it's the County as a whole. Thank you, I yield. ACTING CHR. EOFF: Okay, thank you, Mr. Richards. Any other comments? Seeing none, all in favor please say "aye." Vote on Bill 10: The motion to pass Bill 10 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Bill 10 is adopted. Bill 11: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Appropriates revenues in the State—Department of Health (DOH) Record Access Grant account ($7,500); and appropriates the same to the DOH Record Access Grant account. Funds would be used by the Police Department to set up a streamlined process to allow the department to disclose government records to the DOH. Reference: Comm. 48 Intr. by: Ms. David (B/R) First Reading: January 9, 2019 Vote on Bill 11: Ms. David moved to pass Bill 11 on second and final (Adopted) reading. Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. Page 36 Hawaii County Council-4 January 23,2019 ACTING CHR. EOFF: Bill 11 is adopted. REPORTS: The Acting Chair directed the Council to proceed to the next order of business, Reports. FC-1 REAPPOINTMENT OF DR. HAROLD DWIGHT DOW, JR., TO THE (Comm. 35): SALARY COMMISSION Requires Council Confirmation by: February 1, 2019 (Section 13-4(1), Hawaii County Charter) Vote on FC-1: Ms. David moved to adopt Finance Committee Report (Adopted) No. 1. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Motion carries. FC-2 REAPPOINTMENT OF SHELLIE BEE MANULANI NAUNGAYAN TO THE (Comm. 36): PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION Requires Council Confirmation by: February 1, 2019 (Section 13-4(1), Hawaii County Charter) Vote on FC-2: Mr. Richards moved to adopt Finance Committee Report (Adopted) No. 2. Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. Page 37 Hawaii County Council-4 January 23,2019 ACTING CHR. EOFF: Motion carries and we reappoint Shellie Manulani to the Public Access, Open Space Commission. PSC-1 NOMINATION OF PAULA THOMAS TO THE LIQUOR COMMISSION (Comm. 39): Requires Council Confirmation by: February 1, 2019 (Section 13-4(1), Hawaii County Charter) Vote on PSC-l: Ms. David moved to adopt Public Safety Committee Report (Adopted) No. 1. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Motion carries and Paula Thomas is appointed to the Liquor Commission. PSC-2 NOMINATION OF ARTHUR K. TANIGUCHI TO THE LIQUOR CONTROL (Comm. 40): ADJUDICATION BOARD Requires Council Confirmation by: February 1, 2019 (Section 13-4(1), Hawaii County Charter) Vote on PSC-2: Ms. Kierkiewicz moved to adopt Public Safety Committee (Adopted) Report No. 2. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Arthur Taniguchi is approved for the Liquor Control Adjudication Board. Page 38 Hawaii County Council-4 January 23,2019 PSC-3 NOMINATION OF JUDE MATTOS TO THE POLICE COMMISSION (Comm. 41): Requires Council Confirmation by: February 1, 2019 (Section 13-4(1), Hawaii County Charter) Vote on PSC-3: Ms. David moved to adopt Public Safety Committee Report (Adopted) No. 3. Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Jude Mattos is appointed to the Police Commission. PSC-4 NOMINATION OF THE HONORABLE RONALD IBARRA TO THE LIQUOR (Comm. 42): COMMISSION Requires Council Confirmation by: February 1, 2019 (Section 13-4(1), Hawaii County Charter) Vote on PSC-4: Ms. Lee Loy moved to adopt Public Safety Committee (Adopted) Report No. 4. Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: The Honorable Ronald Ibarra is appointed to the Liquor Commission. Page 39 Hawaii County Council-4 January 23,2019 AWEEMC-1 NOMINATION OF ABRAHAM ANTONIO TO THE GAME MANAGEMENT (Comm. 37): ADVISORY COMMISSION Requires Council Confirmation by: February 1, 2019 (Section 13-4(1), Hawaii County Charter) Vote on Mr. Richards moved to adopt Agriculture, Water, Energy, AWEEMC-1: and Environmental Management Committee Report No. 1. (Adopted) Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Abraham Antonio is appointed to the Game Management Advisory Commission. AWEEMC-2 REAPPOINTMENT OF JON OLSON TO THE ENVIRONMENTAL (Comm. 38): MANAGEMENT COMMISSION Requires Council Confirmation by: February 1, 2019 (Section 13-4(1), Hawaii County Charter) Vote on Mr. Richards moved to adopt Agriculture, Water, Energy, AWEEMC-2: and Environmental Management Committee Report No. 2. (Adopted) Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Jon Olson is appointed to the Environmental Management Commission. Page 40 Hawaii County Council-4 January 23,2019 REFERRALS FOR The Acting Chair directed the Council to proceed to the next order of business, EXECUTIVE Referrals for Executive Session. SESSION: Comm. 53: ELAINE SURNOW, ET. AL. VS. JODY BUDDEMEYER, ET. AL.; CIVIL NO. 17-00038 JMS-KSC From Deputy Corporation Counsel Section Chief Laureen L. Martin, dated January 2, 2019, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter. Motion to Close Ms. Kierkiewicz moved to close file on Comm. 53. File: Seconded by Mr. Richards. ACTING CHR. EOFF: I see Ms. Martin in Hilo, and Mr. Kamelamela is here. Would you like to come forward, Mr. Kamelamela? (Note: At this time, Corporation Counsel Joseph Kamelamela came forward to address the members of the Council.) MR. KAMELAMELA: Good morning, Chair, and members of the Council. Joseph Kamelamela, Corporation Counsel. I know that each of you have probably read and had an opportunity to kind of think about what my litigation section chief had written. If there's any questions, then, we can go into Executive Session. If not, there is no need to go into Executive Session. ACTING CHR. EOFF: Okay. Thank you. Before we decide if we need to go into Executive Session, can you summarize the recommendation? Or would we need to be in Executive Session for that? MR. KAMELAMELA: Yeah, that would have to be in Executive Session. ACTING CHR. EOFF: Okay. Then, Council Members, do you have any discussion? Do you feel the need to go into Executive Session? Or have you ? You do? Is that a motion? Motion to Enter Ms. Lee Loy moved to enter into Executive Session in into Executive order to hold attorney-client privilege discussion regarding Session: Communication 53, as authorized by Section 92-5(a)(4) of the Hawaii Revised Statutes. Seconded by Mr. Richards. ACTING CHR. EOFF: Okay. Is there discussion on that motion? MR. HENRICKS: Absolutely. Page 41 Hawaii County Council-4 January 23,2019 ACTING CHR. EOFF: Okay, Council Members, is there any discussion? Seeing none, then, we will go into Executive Session and we'll take a recess while we MR. HENRICKS: You failed to call for a vote, sorry. ACTING CHR. EOFF: Can I have a vote on going into Executive Session? All in favor, say "aye." Vote on Motion to The motion to enter into Executive Session was carried by Enter into the following voice vote: Executive Session: (Approved) Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Motion carries. We'll take a break to close the room, secure the room. And we'll be back in a few minutes. Recess: At 10:56 a.m., the Acting Chair called for a recess to clear the room. Reconvene: The meeting reconvened at 11:27 a.m. Vote on Motion to Ms. Villegas moved to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 53. Seconded by (Approved) Ms. David and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Thank you very much, Mr. Kamelamela and Ms. Martin. MR. KAMELAMELA: Thank you. Page 42 Hawai`i County Council-4 January 23,2019 Vote on Comm. 53: The motion to close file on Comm. 53 was carried by the (Filed) following voice vote: Ayes: Council Members David, Kaneali'i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff— 8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Motion carries. Thank you very much. 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.) ADJOURN- There being no further business, at 11:28 a.m., Ms. David moved to adjourn the MENT: meeting. Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff— 8. Noes: None. Absent: Council Member Chung — 1. Excused: None. ACTING CHR. EOFF: Meeting is adjourned. Council Approval: FEB 2 2019 CO Y CLER JH/dg Page 43