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HomeMy WebLinkAboutMIN COUNCIL 2019-04-10 2018-2020 Hawaii County Council 91h Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii April 10, 2019 INVOCATION: Kahu Brian Welsh of Haili Congregational Church gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:03 a.m., in the Council Chambers, Hilo, by Mr. Aaron S. Y. Chung, Chair. ROLL CALL: Present: Mr. Aaron S. Y. Chung, Chair Ms. Karen Eoff, Vice Chair 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 Ms. Rebecca Villegas, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of Allegiance. ALLEGIANCE: (At this time, Ms. Eoff 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, Statements FROM THE from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Mark Van Pernis: Bill 23, Draft 2 (Comm. 92.3), in opposition. Hawaii County Council-9 April 10,2019 Maja Clark: Res. 104-19 (Comm. 182), in support. (representing Holualoa Foundation for Arts and Culture) Michael Abran: Res. 107-19 (Comm. 185), in support. (representing D.A.R.E. Hawaii) Victor McDaniel: Res. 105-19 (Comm. 183), in support. Nancy Seifers: Bill 36 (Comm. 153), in support; Bill 37 (Comm. 154), in support; and Bill 46 (Comm. 180), in support. Eileen O'Hara: Res. 111-19 (Comm. 189), in support; Res. 113-19 (Comm. 191), in support; Bill 36 (Comm. 153), comment; Bill 37 (Comm. 154), comment; and Bill 46 (Comm. 180), comment. Kathy Emery: Bill 37 (Comm. 154), in support; Bill 46 (Comm. 180), in support; and PC-15 (Comm. 175), in support. Susan Kim: Bill 36 (Comm. 153), in support; (representing I Mua Bill 37 (Comm. 154), in support; and Lower Puna) Bill 46 (Comm. 180), in support. Marcia May: Res. 117-19 (Comm. 206), in support; and (representing the Attorney Bill 55 (Comm. 206), in support. General's Drug and Crime Prevention Task Force) Conrad Hokama: Bill 54 (Comm. 205), in support. (representing Pi`ihonua Community Association) Karl Mendonca: Bill 54 (Comm. 205), in support. Margaret Almada Collins: Bill 54 (Comm. 205), in support. Abolghassem Abraham Comm. 159, comment; Sadegh: Res. 117-19 (Comm. 206), comment; and PSC-8 (Comm. 176), comment. Page 2 Hawaii County Council-9 April 10,2019 Dwight J. Vicente: Bill 23, Draft 2 (Comm. 92.3), comment; Bill 32 (Comm. 120), comment; and Bill 33 (Comm. 134), comment. APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. (There was none.) COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. (There were none.) CHR. CHUNG: Mr. Clerk, let's go on to "Order of Resolutions." I have a request by Ms. David to take two matters out of order: Resolution 117 and also Bill 55. Let's see how quickly we can move through this agenda. 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: Res. 117-19: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF THE ATTORNEY GENERAL, CRIME PREVENTION AND JUSTICE ASSISTANCE DIVISION, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE HAWAII COUNTY POLICE DEPARTMENT Federally-derived funds in the amount of$175,000 would be used to purchase upgraded drug analysis instruments with accessories and training. Reference: Comm. 206 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 117-19. Seconded by Ms. Poindexter. MS. DAVID: Thank you, Chair. Mr. Koge, do you want to come up for one second? I just wanted you to explain to the—this was waived from Committee because there was some urgency, and I just wanted you to explain briefly to the Council the time limitation on this request, the urgency to expedite. And identify yourself for the record. (Note: At this time, Criminalist Brian Koge, Hawaii Police Department, came forward to address the members of the Council.) Page 3 Hawaii County Council-9 April 10,2019 MR. KOGE: I'm Brian Koge from the Hawaii Police Crime Laboratory. MS. DAVID: Thank you. MR. KOGE: We're in support of the bill for the grant to purchase two new equipment. One is called the Gas Chromatogram-Mass Spectrometer or GC-MS, and the other is called FTIR or Fourier-Transform Infrared Spectrometer. What we use this equipment for is the identification and confirmation of drugs that we receive for analysis. The current equipment that we do have were purchased with grant money in the early 2000s So, 2003, I believe, and 2005 is when we purchased these two equipment. But the thing is, because of the age of the equipment, we're having issues with the manufacturer being able to repair the equipment if they should fail for some reason. So, the newer equipment would give us some confidence that the equipment that we're going to have is going to be able to be used for the next several years. MS. DAVID: Thank you very much for that explanation. So, I yield, and I thank you for your patience for being here. MR. KOGE: Thank you for having me. MS. DAVID: Thank you, Chair. CHR. CHUNG: Any further discussion? There being none, all those in favor say Ic aye. Vote on Res. 117-19: The motion to adopt Res. 117-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Which is the companion bill? MS. DAVID: Bill 55. CHR. CHUNG: Bill 55, Mr. Clerk. Page 4 Hawaii County Council-9 April 10,2019 Bill 55: 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 —Priority Drug Analyses Productivity Project account ($175,000); and appropriates the same to the Priority Drug Analyses Productivity Project account. Funds would be used to purchase upgraded drug analysis instruments with accessories and training. Reference: Comm. 206 Intr. by: Ms. David (B/R) Waived: FC Vote on Bill 55: Ms. David moved to pass Bill 55 on first reading. (Approved) Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Mr. Clerk, can we take Bill 54 out of order? MR. KOGE: Thank you. CHR. CHUNG: Thank you very much. Page 5 Hawaii County Council-9 April 10,2019 Bill 54: 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 Pi`ihonua Levee project to the Capital Budget: United States Department of Agriculture Natural Resources Conservation Service– Federal($3,075,000) and County ($1,025,000), for a total appropriation of $4.1 million. Funds for this project shall be provided from Federal Grants Receivable ($3,075,000) and General Obligation Bonds, Capital Projects Fund– Fund Balance and/or Other Sources ($1,025,000). Funds would be used to repair damages to the Pi`ihonua Levee caused by Hurricane Lane. Reference: Comm. 205 Intr. by: Ms. David (B/R) Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Motion to Approve: Ms. David moved to pass Bill 54 on first reading. Seconded by Ms. Kierkiewicz. CHR. CHUNG: Discussion. David, are you guys here for this matter? Yeah? David, why don't you just come up and very briefly explain what this is all about, primarily to the community so they can have some peace of mind that this is moving forward. (Note: At this time, Public Works Director David Yamamoto and Deputy Director Allan Simeon came forward to address the members of the Council, via videoconferencing from Hilo.) MR. YAMAMOTO: Good morning, Council. I'm David Yamamoto, Public Works Director. So, I can report that the County's already in the process of trying to restore that levee. We did a survey as well as starting the design. And in that design, we intend to improve the resiliency of that levee so it doesn't breach, or not necessarily breach but doesn't fall or tear apart. CHR. CHUNG: Right. So, now, these are going to be more substantial improvements than what we had before, right? MR. YAMAMOTO: Yeah. Before, it was just basically placed soil rock. And in the repair, we're looking at improving it by maybe installing grout and concrete to harden it. CHR. CHUNG: Good. And from all accounts, based on what we heard from Conrad, and others of course, the levee was—it worked, right? Page 6 Hawaii County Council-9 April 10,2019 MR. YAMAMOTO: Yeah. But it's just that when it started to overtop, it eroded away and CHR. CHUNG: Yeah. Okay, good. And these are—the majority of these are what, Federal funds? MR. YAMAMOTO: Yes, NRCS (Natural Resources Conservation Service). CHR. CHUNG: Okay, and then we have our contribution. MR. YAMAMOTO: Yes. I think it's a 75-25 match. CHR. CHUNG: Yeah, okay. But it's going to happen, right? MR. YAMAMOTO: Yes. We're in the process of designing. CHR. CHUNG: When do you think it's going to be completed by? MR. YAMAMOTO: We don't have a schedule yet, but we can put one together. CHR. CHUNG: Okay. MR. YAMAMOTO: Sooner the better, huh? CHR. CHUNG: Of course. Thank you very much. Okay, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I just had a question for you, Director. Earlier this year, the Council passed Bill 10 which had to do with ansorry, Bill 9, which had to do with an appropriation to projects in response to Hurricane Lane. So, I'm wondering, that appropriation was pretty sizable excuse me, Bill 8. Lots of bills floating around in my mind. Bill 8, it was about $49 million, and I'm wondering if any of that money has already been used to do some preliminary work on the Pi`ihonua levee or other projects that have been identified as priorities for the County in response to Hurricane Lane damage. MR. SIMEON: Allan Simeon, Public Works. Good morning. So, what we had done so far—the Hurricane Lane damages were either FEMA-related (Federal Emergency Management Agency), NRCS, Corps of Engineers. So, as far as the FEMA projects, we had done inspections with FEMA and HI-EMA (Hawai`i Emergency Management Agency), and those are being submitted to FEMA headquarters for additional processing. What comes out of that is for them to approve and give us a project worksheet that we can use then to design the project. Page 7 Hawaii County Council-9 April 10,2019 So, we have expended as far as labor from staff dedicated in the inspection and composing the different project information. So, that's where we are now. So, until MS. KIERKIEWICZ: Was this levee one of those projects? MR. SIMEON: The levee is one of those projects. So, basically, our staff had to coordinate with NRCS to describe the description of damage so it can be funded. So, pretty much all the damage from Hurricane Lane is in that process. MS. KIERKIEWICZ: You've been working on this for months, and it just goes to show just how very complex it is to work with the Federal government. If we think our County processes and forms are hard,just try working with FEMA and our Federal partners. So, thank you for that. MR. SIMEON: That's correct. And basically, a lot of these projects will require permitting, including 401, 404, NEPA (National Environmental Policy Act). When we can use our Exemption 343 for County projects, we'll use that to facilitate. MS. KIERKIEWICZ: Well, thank you again, both of you, and to folks working in the department for working on so many different projects. We've got lava recovery. We have recovery from Hurricane Lane. Our plates are very full. And on top of that, we're having to do the day-to-day duties of just keeping County functions and services in government going. So, thank you, and I appreciate community for coming out today to share your stories. Thank you so much, Conrad and others in the association, for stepping up the day of to assist your neighbors. We're all one big `ohana. And in times of need,just like how Puna took care with Pu`uhonua O Puna, you took care. And Margaret Collins very poignantly pointed out that we are in for a hotter summer, warmer waters, which means more storms. So, we also need to have a more robust conversation about what we are doing as a County to really prepare for climate change. Because, we're going to get more storms, and they're going to hit with more frequency and with more intensity. And I want to make sure that we are prepared to respond and be proactive and to rebuild in a resilient manner. So, thank you, and I yield the floor. CHR. CHUNG: Thank you. I'm glad Ms. Kierkiewicz mentioned that because we are looking—it's not just this year, but moving forward because of global warming and everything like that, all reports are that we have to be more prepared for more severe storms. Page 8 Hawaii County Council-9 April 10,2019 Very quickly, though, what about the integrity of the Pi`ihonua bridge? I mean, not that it's going toI'm hoping it's not going to fall apart or anything like that. But do you have any comments on that? MR. SIMEON: Our bridge section that went to inspect as far as integrity for the bridge, it didn't get that much damage. CHR. CHUNG: Okay. MR. SIMEON: What was affecting the ponding on the bridge was basically the clogged drain that happened after silt covered it. CHR. CHUNG: Okay. And the last question I have, and you guys probably are not familiar with this little bridge, but there is a little culvert or bridge right before the Pi`ihonua bridge. Right? And that's where all the debris was getting stuck, and it was causing a lot of the flooding. Are there any plans to fix that situation? MR. SIMEON: As far as our facilities' structures,we maintain those. As far as what happened above those, where it belongs to private property CHR. CHUNG: No, this is on the County road. And I think, you know, it's really a small culvert. I don't think it's going to cost too much to really improve it or to fix it because it's not a big stretch of road. But maybe you guys should look into that. MR. SIMEON: We'll look into that. CHR. CHUNG: Yeah, `cause my non-professional eyes just looked at it and said, "This is not good." It's not good. MR. SIMEON: My understanding is that if the levee didn't breach, then they shouldn't have, in that small culvert CHR. CHUNG: Yeah, it should be no problem. MR. SIMEON: Shouldn't have experienced that much water. CHR. CHUNG: Well, anyway, take a look at it, but thank you. Any further discussion? Ms. Poindexter. MS. POINDEXTER: I just want to say thank you for all your work, and I know that this will be a priority like many of the bridges and roads that you're having to deal with because of Hurricane Lane. We know how many closures, I mean, we're looking at one way in, one way out in Laupahoehoe, and you have a Page 9 Hawaii County Council-9 April 10,2019 $10 million low-water crossing there. And you have a low-water crossing near Papaloa up on the top that took two lives already in a matter of years, but not in the recent Hurricane Lane. But we're looking at the dangers all around our island. So, I appreciate your efforts in prioritizing saving lives. When it comes to the health and safety of our community, it's putting that at the top of the priority. I've seen you do it. We've gone out to some community meetings where one bridge in my community is failing, and we don't know when it's going to collapse and we're just trying to work fast enough to get another route so we can do the fix on that bridge. So, I know the work that you guys are having to go through. I tell my community all the time. I just told them this two days ago, that I voted to increase the GET (General Excise Tax) because I know the amount of roadwork, not only from the damages from Hurricane Lane, but the amount of roadwork and maintenance that is desperately needed on our County roads. So, I want to make sure those monies stay for our County roads and not go to our State roads. But thank you. I just want to say thank you for your attention and detail to all of these communities who are struggling with the health and safety there. Thank you. CHR. CHUNG: Before I call on Ms. David, I'm glad Ms. Poindexter brought that up because today we're only focusing on Pi`ihonua, but there are other areas of the island that were impacted severely and are at risk going forward. So, thank you. Ms. David. MS. DAVID: Thank you, Chair, and thank you, Director and Mr. Simeon, Deputy. Because this was requested as a waiver, and it's critical that you folks get these monies started and I appreciate the fact that the association, the Pi`ihonua Association, came out today and testified. Thank you for your stories because, other than that, we would not know how bad and desperate your situation was. Timewise, the request to expedite the receipt of funds, what is the timeline once you get the funding before you can actually start construction? When are those funds expected to be received from the USDA (United States Department of Agriculture), Federal grants, yes? I'm sorry? MR. YAMAMOTO: There's a reimbursement process where the County actually would pay the contractor and turn around and submit the invoice to NRCS for reimbursement of its share. MS. DAVID: So, right now we're able to start it, like, right away since it's going to be a reimbursement? Page 10 Hawaii County Council-9 April 10,2019 MR. YAMAMOTO: We have already started the design and stuff As soon as we complete it, then we can bid out the project. But we would need the funds in place to be able to award the contract. MS. DAVID: The design is finished and now MR. YAMAMOTO: Not quite. We're in the process of MS. DAVID: Not quite? MR. YAMAMOTO: Yeah. MS. DAVID: Okay. Because, then, the bid process is another couple of months, a month or so? MR. YAMAMOTO: It's about a month, and then maybe another month to execute the contract. MS. DAVID: Okay, great. And I know you folks are working as fast as you can, but there are processes that you have to follow. So, I really appreciate just the information about this one project and this timeline. MR. YAMAMOTO: So,prior to bidding out the project, usually we are required to have the funding in place to be able to MS. DAVID: At least move forward, right? MR. YAMAMOTO: Yeah. MS. DAVID: Yes, okay, thank you. I appreciate that. Mahalo, I yield. CHR. CHUNG: Okay, thank you. Anyone else? Mr. Richards. Oh, I'm sorry. Karen, I'm sorry. Go ahead, Ms. Eoff I'm sorry. MS. EOFF: I just quickly wanted to acknowledge the work within the Department of Public Works to go after the USDA grant funds for this project and other projects because these reimbursements to the County is so significantly helpful because we have to do a lot of these repairs. But thank you for exploring the grants and being successful. CHR. CHUNG: Thank you. Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Do you have a list of all the projects that you guys are submitting for? Can you generate ? Page 11 Hawaii County Council-9 April 10,2019 MR. SIMEON: Yeah, we can generate the list for you. MR. KANEALI`I-KLEINFELDER: And because it pertains to every district, can you please send that to everybody on the Council so we can all see these projects so we know what's coming up so we can kind of be prepared mentally for that? MR. SIMEON: Yeah. MR. KANEALI`I-KLEINFELDER: Thank you. And thank you very much for your hard work on this. CHR. CHUNG: Mr. Richards. MR. RICHARDS: Thank you, Chair. Thanks, David. Thanks, Allan. The design portion, it's not too common in Hawaii when you talk about levees `cause that's not usually our geography here. Is that—Army Corps of Engineers, are they involved in any of this? `Cause they usually are the ones that deal with a lot of this stuff. MR. SIMEON: No. It's NRCS; that's in building. MR. RICHARDS: NRCS, okay. MR. SIMEON: We have the Army Corps and the Wailoa bridge by Kapiolani School. They're helping us on that project. MR. RICHARDS: Okay, but NRCS is doing the design work? MR. SIMEON: We're doing the design work. They're providing 75 percent of the funding. MR. RICHARDS: Okay. All right, thanks. I yield. CHR. CHUNG: All right. Any one else? And thank you very much, you guys, and to the community members who came up. I've been around Hilo a long time. Some of you guys weren't around during the `70s, but this Hurricane Lane was probably the worst that I've seen since the `70s. That `70s flood is what necessitated the improvements at Alenaio Stream. I saw houses coming down that stream. It was really bad. But thank you again. Conrad gave credit to a lot of people who were involved during the time of the flooding. But I just wanted to share that, you know, he talked about Neil Azevedo. He was all over the place. But you know who was also with him? It was Human Resources Director Bill Brilhante. I just wanted to mention his Page 12 Hawaii County Council-9 April 10,2019 name, too, because he was with Neil every step of the way, all over Hilo and other parts of East Hawaii. All right, we have a motion on the floor. All those in favor, signify by saying "aye." Vote on Bill 54: The motion to pass Bill 54 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, and Chair Chung—8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. CHR. CHUNG: Okay, thank you. And thank you, all of you. Mr. Clerk, can we take three more items out of order? They would be Bill 32, Bills 23 and 33. Bill 32: AMENDS SECTION 25-8-3 (NORTH KONA ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - FIVE ACRES (A-5a) TO FAMILY AGRICULTURAL - ONE ACRE (FA-la) AT `O`OMA, 1sT NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-005:112 (Applicant: Martin M. Ohan Trust) (Area: 5.966 acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to apply to subdivide the property into five parcels. The applicant intends to extend Lalei Place through the subject property and connect to Hane Street, and also intends to keep one or two lots for family purposes and sell the remaining lots. Reference: Comm. 120 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-16 Vote on Bill 32: Ms. Kierkiewicz moved to pass Bill 32 on first reading and (Approved) adopt Planning Committee Report No. 16. 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 Chair Chung—8. Noes: None. Absent: Council Member Eoff— 1. Excused: None. Page 13 Hawaii County Council-9 April 10,2019 CHR. CHUNG: Motion carried. Let's go on to Bill 23, Draft 2. Bill 23: AMENDS: (1) ORDINANCE NO. 09-049, WHICH AMENDED ORDINANCE (Draft 2) NO. 95-118, WHICH AMENDED ORDINANCE NO. 92-036, WHICH RECLASSIFIED LANDS FROM UNPLANNED (U) AND DOUBLE-FAMILY RESIDENTIAL—3,750 SQUARE FEET (RD-3.75) TO MULTIPLE FAMILY RESIDENTIAL—2,500 SQUARE FEET (RM-2.5) AND VILLAGE COMMERCIAL 7,500 SQUARE FEET (CV-7.5), RESPECTIVELY, AT HIENALOLI 4TH AND 5TH, NORTH KONA, HAWAII, TAX MAP KEY: 7-5-010: PORTION OF 013 (FORMERLY 7-5-023:063); AND (2) ORDINANCE NO. 09-050, WHICH AMENDED ORDINANCE NO. 06-138, WHICH AMENDED ORDINANCE NO. 90-010, WHICH AMENDED ORDINANCE NO. 86-049, WHICH RECLASSIFIED LANDS FROM MULTIPLE FAMILY RESIDENTIAL—2,000 SQUARE FEET (RM-2) TO VILLAGE COMMERCIAL—7,500 SQUARE FEET (CV-7.5) AT HIENALOLI 5TH AND 6TH, NORTH KONA, HAWAII, TAX MAP KEY: 7-5-010: PORTION OF 013 (FORMERLY 7-5-023:064 AND 067) (Applicant: T & M Properties, LLC (formerly Samson, LLC) (Area: approx. 6.467 Acres) The Leeward Planning Commission forwards its favorable recommendation to this amendment to change of zone Ordinances 09-49 and 09-50, to consolidate these ordinances with one ordinance with a single set of conditions of approval. The applicant is requesting a five-year time extension to Condition C (Complete Construction), and to amend Conditions D (Dedicate Road Widening Strip), and N (Fair Share Contribution). This amendment would allow the applicant to develop a 104-unit senior independent living community. The property is located along the north and east side of Hualalai Road, northwest of the Aloha Kona Subdivision. Reference: Comm. 92.3 Intr. by: Ms. Kierkiewicz (B/R) Postponed: March 13, 2019 First Reading: March 28, 2019 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 23, Draft 2, on second and final reading. Seconded by Mr. Richards. CHR. CHUNG: Any discussion? Yes, Ms. Eoff MS. EOFF: Thank you, Mr. Chair. I know we've been moving this through and I'm going to support it today, but I just wanted to acknowledge Mr. Van Pernis and his comments throughout this exercise. We were able to memorialize some of the intentions from the Planning Commission's recommendations into the conditions now in Bill 23, as well as make sure that in the future a time extension would need to come back to the Planning Commission and the Council rather than Page 14 Hawaii County Council-9 April 10,2019 any more administrative approvals. But it also helped further the conversation, not just this bill but there's several others coming forward requesting time extensions for very old rezonings. And although a time extension itself does provide a relook at conditions and a revision to outdated conditions, there is an opportunity now, through discussions at the Planning Commission, both Leeward and Windward, to take a harder look at what exactly time extensions are, what we can do to improve this process, and make sure that zonings are still appropriate as designated in the ordinance. But this particular one, I am hoping that we do see a senior living facility built on this parcel. I think the zoning is still appropriate. And although, as Mr. Van Perms represented today, nothing has been done there for many years. And we are not in the business of just approving things for the benefit of the landowners, but we do also have to look out for our communities. And I'm hoping that, through the conditions placed in this ordinance, that is what we're doing here. I know that doesn't make Mr. Van Pernis satisfied, but I think, as we move forward with other applications for time extensions, we're going to see some more appropriate outcomes as far as time extensions and conditions on zoning applications. So, I want to thank him for his participation and diligence. That's all I wanted to say. CHR. CHUNG: Any further discussion? There being none, all those in favor say Ic aye. Vote on Bill 23: The motion to pass Bill 23, Draft 2, on second and final Draft 2 reading was carried by the following voice vote: (Adopted) Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Bill 33. Bill 33: AMENDS ORDINANCE NO. 06-107, WHICH RECLASSIFIED LANDS FROM SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL—20,000 SQUARE FEET (CN-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-034:012 (Applicant: Makalika 521, LLC) (Area: 20,000 Square Feet) Page 15 Hawaii County Council-9 April 10,2019 The Windward Planning Commission forwards its favorable recommendation for this amendment, which would allow five-year time extensions to Condition B (Time to Complete Conversion), Condition D (Future Road Widening), and Condition E (Off-site Infrastructure Improvements). The extension would allow the applicant to construct a new commercial structure intended for office and small retail types of uses. The property is located at 680 Manono Street, along the west side of Manono Street, midway between Kekuanao`a Street and Hualani Street. Reference: Comm. 134 Intr. by: Ms. Kierkiewicz (B/R) First Reading: March 28, 2019 Vote on Bill 33: Ms. Kierkiewicz moved to pass Bill 33 on second and final (Adopted) reading. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Mr. Clerk, there's a request to, well, we're very close to the beginning anyway. Resolution 93-19. Res. 93-19: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII, BY ITS DIRECTOR OF TRANSPORTATION, FOR THE COOPERATION AND PROVISION OF ASSISTANCE FOR VARIOUS ROAD AND/OR ROAD RELATED PROJECTS ON OR FOR STATE OR COUNTY HIGHWAYS, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7 The agreement would provide for sharing of services, equipment, and materials, and the potential for the sharing of certain costs, reimbursements, and other forms of remuneration, subject to a limitation of$2 million in total value of assistance provided by either party for a particular project. Reference: Comm. 160 Intr. by: Ms. Lee Loy Approve: PWMTC-5 Relinquish Chair: ACTING CHR. EOFF: Let the record show I've assumed the chair for Chair Chung. Page 16 Hawaii County Council-9 April 10,2019 Motion to Approve: Ms. Lee Loy moved to adopt Res. 93-19 and Public Works and Mass Transit Committee Report No. 5. Seconded by Ms. Kierkiewicz. ACTING CHR. EOFF: Ms. Lee Loy. MS. LEE LOY: No, I don't have any comments other than thanking both Public Works and the Department of Transportation for being here. I think this is a great model on how we can work collaboratively together and use different synergies to accelerate the money and, in addition, deliver better roads to our island. Thank you. ACTING CHR. EOFF: Are there any other comments? Ms. Poindexter. MS. POINDEXTER: Earlier I stated, "Don't use our money for State roads," and Donald Smith is sitting right next to me and then I turn and I go, "Sorry," and I blow him a kiss. But I just want to say that we work together, County and State, on some projects throughout Hamakua. So, I appreciate that. So, this here is exactly what is needed, an official agreement. So, I just thank both of you for all of your networking and working together and continuing to work together. So, thank you. And I also apologize to say I'm not trying to be greedy, but you know. ACTING CHR. EOFF: Okay, thank you, Ms. Poindexter. Any other comments, Council Members? Seeing none, then, all in favor please say "aye." Vote on Res. 93-19: The motion to adopt Res. 93-19 and Public Works and (Adopted) Mass Transit Committee Report No. 5 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: Are we just going in order now or was there another request? Was there another request for taking something out of order? Okay, let's take Bill 52, Mr. Clerk, `Bills for First Reading." Page 17 Hawaii County Council-9 April 10,2019 Bill 52: 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 Environmental Management Kealakehe Scrap Metal Yard Remediation —State Revolving Fund project for $4 million to the Capital Budget. Funds for this project shall be provided from State Revolving Funds (SRF). Funds would be used to complete removal of debris to meet Department of Health requirements. Reference: Comm. 203 Intr. by: Ms. David (B/R) Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Motion to Approve: Ms. David moved to pass Bill 52 on first reading. Seconded by Ms. Villegas. ACTING CHR. EOFF: Ms. David. MS. DAVID: Yes, I don't believe I have any questions. Unless the Council Members have questions, Director Kucharski is here. Otherwise, I ask for your support. ACTING CHR. EOFF: Okay, any questions or comments, Council Members? Seeing none, all in favor please say "aye." Vote on Bill 52: The motion to pass Bill 52 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Chung and Richards —2. Excused: None. ACTING CHR. EOFF: And what was the other one? Oh, the next one, Bill 53. Page 18 Hawaii County Council-9 April 10,2019 Bill 53: AMENDS ORDINANCE NO. 16-29, WHICH AUTHORIZED THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR A STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN FOR SOLID WASTE PUBLIC IMPROVEMENT PROJECTS; AND AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAII FOR THE PURPOSE OF FINANCING QUALIFIED SOLID WASTE PUBLIC IMPROVEMENTS OF THE COUNTY OF HAWAII Increases the original bond issuance from $6 million to $10 million for the Kealakehe Scrap Metal Yard Remediation project. Reference: Comm. 204 Intr. by: Ms. David (B/R) Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 47-5, Hawaii Revised Statutes Relinquish Chair: At this time, Acting Chair Eoff relinquished the chair to Chair Chung. Motion to Approve: Ms. David moved to pass Bill 53 on first reading. Seconded by Ms. Poindexter. CHR. CHUNG: Any discussion? MS. DAVID: None for me. I just ask for your support. CHR. CHUNG: Okay, there being none, all those in favor say "aye." Vote on Bill 53: The motion to pass Bill 53 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. CHR. CHUNG: Motion carried. MS. DAVID: All right. CHR. CHUNG: Bill 43. Page 19 Hawaii County Council-9 April 10,2019 Bill 43: AMENDS ORDINANCE NO. 17-48, WHICH AUTHORIZED THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR A STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN FOR SOLID WASTE IMPROVEMENT PROJECTS AND AUTHORIZED THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURPOSE OF FINANCING THE SOUTH HILO SANITARY LANDFILL FINAL CLOSURE PROJECT Increases the original bond issuance from $20 million to $24 million. Reference: Comm. 170 Intr. by: Ms. David (B/R) First Reading: March 28, 2019 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 47-5, Hawaii Revised Statutes Motion to Approve: Ms. David moved to pass Bill 43 on second and final reading. Seconded by Ms. Villegas. CHR. CHUNG: Discussion? We have Mr. Kucharski. I think we might also want to ask some questions of Deanna. Anyone? Nobody? I have a question of Deanna, then. Come. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) CHR. CHUNG: Deanna, yesterday Mr. Kaneali`i-Kleinfelder was asking you some questions about our bond capacity and stuff How does this affect it? MS. SAKO: It does affect it. But as we've said before, this is a much lower interest loan. So, the SRF (State Revolving Fund) loans are at, like, half percent. Some are at a quarter percent, which is why we try to utilize that as much as possible. So, we do track that as part of our total percentage so it's still within that. And you previously approved the 20 million, so this is just the additional four. I didn't calculate the new percentages, but I'll include them in the next one. CHR. CHUNG: But were the other amounts included ? MS. SAKO: The 20 million was already included, yeah. CHR. CHUNG: Okay. So, we're only talking about the additional amount. MS. SAKO: The additional four. CHR. CHUNG: Yeah, okay. So, kind of minimal. Page 20 Hawaii County Council-9 April 10,2019 MS. SAKO: Minimal, right. CHR. CHUNG: All right, very good. All right, thank you. Anyone else? Okay, there being no further discussion, all those in favor say "aye." Vote on Bill 43: The motion to pass Bill 43 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. CHR. CHUNG: Motion carried. Joe, this Resolution 20-19, you're ready with that? Okay, let's take it up, then. Oh, Glenn, what are you here for? 118? Why don't we take that up, then? Resolution 118. Res. 118-19: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF AGRICULTURE, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE HAWAII COUNTY RESEARCH AND DEVELOPMENT DEPARTMENT Funds in the amount of$60,000 would be used to subsidize the cost of pesticides used to combat the coffee berry borer. Reference: Comm. 207 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 118-19. Seconded by Ms. Kierkiewicz. CHR. CHUNG: Any discussion? MS. DAVID: Mr. Sako is here in case we have questions. But this is a very important subject matter, the coffee berry borer. So, I ask for your support. It's self-explanatory. CHR. CHUNG: Yeah, I think we all know how important that is. So, okay, no further discussion, all those in favor say "aye." Page 21 Hawaii County Council-9 April 10,2019 Vote on Res. 118-19: The motion to adopt Res. 118-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. CHR. CHUNG: Motion carried. Hey, you know what? Why don't we take up those Puna bills first? MS. DAVID: Do you want to take the companion? CHR. CHUNG: Oh, yeah, sorry. We have to take up Resolution, I mean, Bill 56. Bill 56: 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 —Coffee Berry Borer Pesticide Subsidy Program account ($60,000); and appropriates the same to the Coffee Berry Borer Pesticide Subsidy Program account. Funds would be used to subsidize the cost of pesticides used to combat the coffee berry borer. Reference: Comm. 207 Intr. by: Ms. David (B/R) Waived: FC Vote on Bill 56: Ms. David moved to pass Bill 56 on first reading. (Approved) Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. CHR. CHUNG: Motion carried. So, Ms. Kierkiewicz, which one do you want to take up first? Page 22 Hawaii County Council-9 April 10,2019 MS. KIERKIEWICZ: Chair, I've actually asked Public Works to come back so that they can answer some questions related to some of the bills. So, as soon as they get back, could we take it out of order then? CHR. CHUNG: All right. MS. KIERKIEWICZ: Thank you. CHR. CHUNG: Why don't we skip Resolution 20-19 for now, and let's just move down as quickly as we can. Resolution 100-19. Res. 100-19: 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 MASS TRANSIT Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$200. Reference: Comm. 167 Intr. by: Ms. David (B/R) Approve: FC-22 Vote on Res. 100-19: Ms. David moved to adopt Res. 100-19 and Finance (Adopted) Committee Report No. 22. Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Council Members David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. CHUNG: Motion carried. Page 23 Hawaii County Council-9 April 10,2019 Res. 104-19: 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 HOLUALOA FOUNDATION FOR ARTS AND CULTURE TO SUPPORT ITS EXHIBITION PROGRAM Transfers $2,500 from the Clerk-Council Services –Contingency Relief account (Council District 7); and credits to the Department of Research and Development, Hawaii County Resource Center account. Reference: Comm. 182 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 104-19. Seconded by Ms. Poindexter. CHR. CHUNG: Discussion? MS. VILLEGAS: I just would—if I could, Chair? CHR. CHUNG: Yes, Ms. Villegas. I'm sorry. Go ahead. MS. VILLEGAS: No worries. I just want to say thank you to Maja for showing up this morning and sharing about a lot of the work that happens at Donkey Mill Art Center. It's an amazing place where people of all ages and ethnicities and inspirations get together and create amazing works of art. And this program that they have with the exhibitions really allows for an opportunity for community to gather and to take note and have reverence for that art and support one another in that capacity. So, I just ask for your support on this. Thank you. CHR. CHUNG: Okay. Anyone else? There being none, all those in favor say Ic aye. Vote on Res. 104-19: The motion to adopt Res. 104-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung–8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder– 1. Excused: None. CHR. CHUNG: Motion carried. Page 24 Hawaii County Council-9 April 10,2019 Res. 105-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KEALAKEHE HIGH SCHOOL GRAD FOR EXPENSES RELATING TO ITS 2019 KEALAKEHE PROJECT GRAD EVENT Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 183 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 105-19. Seconded by Ms. David. CHR. CHUNG: Discussion? Ms. Villegas. MS. VILLEGAS: Aloha. Once again, thank you to all of the staff and the people, I mean, the volunteers that work so hard at Project Grad. My daughter was a participant last year and had a phenomenal time. We lost a lot of young people when I was attending Konawaena before Project Grad, and I really believe that this program has reduced the number of fatalities and accidents and incidents. It also is a really awesome evening into the wee hours of the morning for all the different businesses in Kona that get together and donate their time and their services or their resources or their equipment. And so, it's really cool to see so many different people come out and participate with our young people who are celebrating a transition into a new chapter of their lives. So, I thank you for your support on this. CHR. CHUNG: Okay, any other discussion? There being none, all those in favor say "aye." Vote on Res. 105-19: The motion to adopt Res. 105-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Page 25 Hawaii County Council-9 April 10,2019 Res. 106-19: 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 AMERICAN NATIONAL RED CROSS FOR ITS HOME FIRE CAMPAIGN Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Hawaii Fire Department, Fire Prevention Other Current Expenses account. Reference: Comm. 184 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 106-19. Seconded by Mr. Richards. CHR. CHUNG: Any discussion? Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I just ask the Council for its favorable, for this resolution. CHR. CHUNG: Okay. There being no further discussion, all those in favor say Ic aye. Vote on Res. 106-19: The motion to adopt Res. 106-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Page 26 Hawaii County Council-9 April 10,2019 Res. 107-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO D.A.R.E. HAWAII FOR ITS 2019 D.A.R.E. DAY CELEBRATION IN WEST HAWAII Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 185 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 107-19. Seconded by Ms. Lee Loy. CHR. CHUNG: Discussion? Ms. Villegas. MS. VILLEGAS: I just want to thank the officer for showing up this morning in Kona and testifying and for the hard work that's being done to encourage our young people to dare to say no. CHR. CHUNG: All right. MS. VILLEGAS: Thank you. CHR. CHUNG: Thank you. There being no further discussion, all those in favor say "aye." Vote on Res. 107-19: The motion to adopt Res. 107-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Page 27 Hawaii County Council-9 April 10,2019 Res. 108-19: 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 HILO-HAMAKUA COMMUNITY DEVELOPMENT CORPORATION FOR THE 2019 HONOKA`A WESTERN WEEK FESTIVAL Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 186 Intr. by: Ms. Poindexter Motion to Approve: Ms. Poindexter moved to adopt Res. 108-19. Seconded by Mr. Richards. CHR. CHUNG: Ms. Poindexter. MS. POINDEXTER: It's pretty self-explanatory if you have any questions. I just ask for your support. CHR. CHUNG: Thank you. There being no further discussion, all those in favor say "aye." Vote on Res. 108-19: The motion to adopt Res. 108-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Page 28 Hawaii County Council-9 April 10,2019 Res. 109-19: 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 HAMAKUA YOUTH FOUNDATION, INC., FOR THE HONOKA`A HIGH SCHOOL 130 YEARS CELEBRATION Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 187 Intr. by: Ms. Poindexter Motion to Approve: Ms. Poindexter moved to adopt Res. 109-19. Seconded by Mr. Richards. CHR. CHUNG: Ms. Poindexter. MS. POINDEXTER: Yeah, again it's self-explanatory if you have any questions. I just ask for your support. Thank you. CHR. CHUNG: All right, thank you. No further discussion, all those in favor say Ic aye. Vote on Res. 109-19: The motion to adopt Res. 109-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Page 29 Hawaii County Council-9 April 10,2019 Res. 110-19: 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 PAHOA SCHOOLS SUPPORT FOUNDATION FOR REIMBURSEMENT OF EXPENSES INCURRED AT ITS SECOND ANNUAL PAHOA COMPLEX SCHOOLS HEALTH AND WELLNESS FAIR Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 188 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 110-19. Seconded by Ms. Lee Loy. CHR. CHUNG: Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I just ask my colleagues for their support. The second annual health and wellness fair was a great success. It featured a color run and exhibits throughout the Pahoa Complex school campus. Many families from Puna and the community at large showed up and learned how to better integrate healthy practices and wellbeing measures into their lives. So, I just ask for your support. Thank you, I yield. CHR. CHUNG: Okay. There being no further discussion, all those in favor say Ic aye. Vote on Res. 110-19: The motion to adopt Res. 110-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Okay. Page 30 Hawaii County Council-9 April 10,2019 Res. 111-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BASIC IMAGE, INC., FOR REIMBURSEMENT OF EXPENSES ASSOCIATED WITH THE "UNKO BOOGIE'S"POHO`IKI BAY SURFING CLASSIC Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 189 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 111-19. Seconded by Ms. Villegas. CHR. CHUNG: Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. As you know, because of last year's lava eruption the landscape of Puna has changed, including that of the beloved Poho`iki, which is a surf spot and beach park that I often took my family to. And so, it was really amazing to see the hard work that Parks and Rec. and the Kalama `ohana and many volunteers throughout Puna put in to setup what I felt was really a word class event. It was really beautifully well done and executed. So, it's nice to be able to support this kind of event that was part of the healing process for our community but also, I think, helped to celebrate just the beauty that is still there in Puna. I ask for your support. I yield. CHR. CHUNG: Okay. No further discussion, all those in favor say "aye." Vote on Res. 111-19: The motion to adopt Res. 111-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Page 31 Hawaii County Council-9 April 10,2019 Res. 112-19: 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 PAHOA SCHOOLS SUPPORT FOUNDATION TO ASSIST WITH PAHOA ELEMENTARY SCHOOL'S FIELD TRIPS Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 190 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 112-19. Seconded by Mr. Richards. CHR. CHUNG: Discussion? MS. KIERKIEWICZ: I think one of the planets is in retrograde because my numbers game is off a little bit today. I apologize for that. This project in particular is very special to me. I met with one of the constituents in the area, Nick Francisco, who lost his home during the eruption. He resided in Leilani Estates, and he's relocating. It was just a check-in, and I knew that he was a teacher through Kamehameha Schools at Pahoa Elementary. And I said, "Hey, we've got some contingency money. Are there any projects that you feel would be really beneficial to your keiki?" And so, we came up with an idea of a couple of field trips for fourth- and fifth- grade students. And I'm happy to report that the fourth graders were able to visit Hawaii Volcanoes National Park a couple of days ago, and they were all dressed up in traditional Hawaiian outfits over their uniforms. And it was really special for them because, as you know, the keiki of Puna have really lived through a very traumatic event. And so, there's a lot of fear in not knowing why. And so, that field trip in particular was very helpful to help them kind of process and understand mother nature at work and how we, as individuals, are just chapters in this longer story. Yesterday, fifth graders went to the Kohala Center's Honoka`a community farm. That was very important to them because this class at Pahoa has created a lo`i. There is a taro patch where they are able to cultivate these Hawaiian foods. So, it was a really wonderful cultural educational experience for them. And so, I'm just asking my colleagues for their support. And these field trips were very special to the kids who otherwise wouldn't have these kinds of experiences. I yield. CHR. CHUNG: Okay, anyone else? There being no further discussion, all those in favor say "aye." Page 32 Hawaii County Council-9 April 10,2019 Vote on Res. 112-19: The motion to adopt Res. 112-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 113-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO SELF DISCOVERY THROUGH ART FOR ITS "RECOVERY, RESILIENCE, RECREATION MODEL OF WELLNESS"PROGRAM Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 191 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 113-19. Seconded by Mr. Richards. CHR. CHUNG: Discussion? Ms. Kierkiewicz. MS. KIERKIEWICZ: I just want to share we're making it rain today, Council District 4. One of my constituents, Kevin Kushel, met me at the Pahoa office and said, "I need to tell you about this amazing program that has really done wonders for myself and my mother." It's a self-discovery-through-art program. It's a 12-week series where individuals do various art projects, and they focus on processing just the various emotions that have resulted because of the lava eruption. So, I'm very happy to be able to support this program, and I'm a fan of the arts having dabbled in it myself. So, I just ask my colleagues for their support on this measure. CHR. CHUNG: Okay, any further discussion? There being none, all those in favor say "aye." Page 33 Hawaii County Council-9 April 10,2019 Vote on Res. 113-19: The motion to adopt Res. 113-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 114-19: 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 AMERICAN NATIONAL RED CROSS TO ASSIST WITH EXPENSES RELATED TO THE HOME FIRE CAMPAIGN Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Hawaii Fire Department, Fire Prevention Other Current Expenses account. Reference: Comm. 192 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 114-19. Seconded by Ms. David. CHR. CHUNG: Discussion? Ms. Lee Loy. MS. LEE LOY: I'm just asking for your support. CHR. CHUNG: All right. There being no further discussion, all those in favor say "aye." Vote on Res. 114-19: The motion to adopt Res. 114-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Page 34 Hawaii County Council-9 April 10,2019 CHR. CHUNG: Motion carried. Res. 116-19: AUTHORIZES THE ACCEPTANCE OF A DONATION OF A YAMAHA GOLF CART TO THE DEPARTMENT OF PARKS AND RECREATION Donated by Marylou Greisser with a value of$3,000, for use at Kamehameha Park. Reference: Comm. 202 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 116-19. Seconded by Mr. Richards. CHR. CHUNG: Ms. David. MS. DAVID: Yes, thank you. I just ask for your support, and I really would like to thank Ms. Greisser for this donation and mahalo. CHR. CHUNG: Mr. Richards, this is in your district I know. MR. RICHARDS: Yes,just echoing that. Kamehameha Park has been making great strides in upgrading a lot of the facilities there, and this is just one more thing to help move the needle forward. So, thank you very much. CHR. CHUNG: Does anyone know anything about this Marylou Greisser? MR. RICHARDS: I do not. CHR. CHUNG: It's very nice of her, though. MR. RICHARDS: I'm going to reach out to her, that's for sure. CHR. CHUNG: Okay. No further discussion, all those in favor say "aye." Vote on Res. 116-19: The motion to adopt Res. 116-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Page 35 Hawaii County Council-9 April 10,2019 CHR. CHUNG: Motion carried. We're going to skip over 119. I know that's something very dear to Mr. Richards, but let's go on to the Puna matters. Ms. Kierkiewicz, which one do you want us to take first? The 20 million or the 40 million matter? MS. KIERKIEWICZ: Chair, why don't we start with the 20 million? We'll just go in order, Bill 36. CHR. CHUNG: Okay, Bill 36. Bill 36: 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 —Lava Disaster Assistance—State account ($20,000,000); and appropriates the same to the Lava Disaster Assistance—State account. Funds would be used to provide relief, recovery, mitigation, and remediation assistance for damage, losses, and suffering caused by the 2018 Kilauea eruption. Reference: Comm. 153 Intr. by: Ms. Kierkiewicz First Reading: March 13, 2019 Postponed: March 28, 2019 (Note: There is a motion by Ms. Kierkiewicz, seconded by Mr. Richards, to approve Bill 36.) MS. KIERKIEWICZ: Chair, if I may? CHR. CHUNG: Yes, please. MS. KIERKIEWICZ: Thank you. We had a very robust discussion yesterday, and thank you, Council Member Richards, for creating that space where we could talk about fiscal oversight and the importance of CHR. CHUNG: Do we have a motion? MS. KIERKIEWICZ: It's on the floor. CHR. CHUNG: Oh, okay. All right, go ahead. MS. KIERKIEWICZ: Thank you. So, thank you for creating that space, Council Member Richards, where we could talk about the importance of being accountable as a County to our community as well as to the State Legislature. `Cause, our County really is creating the framework for how we handle disasters Page 36 Hawaii County Council-9 April 10,2019 and the expenditures of these very important funds. With that said, I would like to defer the vote on this bill to our Council meeting in Kona on April 241h. I think it's important that we articulate a very clear process for how we are going to be working in partnership with the Administration to spend monies. Our discussion yesterday articulated that process. And so, I want to formalize it in writing and introduce it as an amendment to the bill at our Kona meeting. CHR. CHUNG: All right. Ms. Poindexter. MS. POINDEXTER: Chair, yeah, before we defer it or postpone it, can I just make a statement? CHR. CHUNG: Sure. MS. POINDEXTER: Okay. I sat here and listened to testimony, and it was hard for me to sit here and listen to testifiers from Puna `cause I know the struggle. We all—in fact, all of us, my colleagues, we all have struggles in our own communities as well. And so, to hear them say things like, "Your Council Members, don't throw them under the bus," "political government,"blah, blah, blah. Our colleagues that our Council Chair assigned to go and help to advocate to get the money here worked very hard to do it. All I ask is, like the community of Hawaii Island, whenever we're in some type of devastationI speak from experience at Hamakua Sugar as well. We didn't go bashing our political leaders because we needed them to work alongside of us. What we did is we stood together. United we stand, divided we fall. And our Council, the same here. We may not agree on everything. We'll agree to disagree, but we're one body. United we stand for our people, and we ask that the community stand together and show our leaders and our officials and just everybody else that's looking in on us, that we're working together as one `ohana. We pride ourselves of`ohana, yeah. So, all I askI know that some people got misinformation. All I'm saying—and I know I don't see anybody in the Pahoa office that had come and testified; and I hope they watch this as Na Leo puts it out if you get secondhand information and you get upset with that, call my colleagues that have worked so hard on this to get clarification and understanding of the process and the laws that we have to follow. There's some things we cannot break. We would love to. I'd love to break a lot of laws to get things done in my community, but I cannot. I have to follow a process. But all I ask is communities, people out there, instead of coming and bashing us, come and get clarification on why things are happening this way. And a lot of times you'll call and maybe there's something that, there was a puka or something falling through the cracks that we can help manage, right? But we don't know Page 37 Hawaii County Council-9 April 10,2019 until you come to us. Right? But then, when you come to us and bash us in public and we cannot dialogue at that same moment, it's very difficult `cause people out there. We're creating a forest fire, right? Now, we've got to go put out the fires and calm people down. So, all I ask is call the people, you know, Council Member Lee Loy, Ashley Kierkiewitch I'm talking Kierkiewitch; I'm sounding like Mikela trying to pronounce your name. And even Tim Richards who have been up there. You all know who has been sent up there. No sense sending all of us, right? Going cost our County too much money if all of us are going. We had assigned people going to help. You all know who they are. Contact them and work together. We are family on this island. We only survived during the sugar days—no more money, poor, we lived off the land, did everything. Why? Because we had each other. So, the people who moved to this island and are not familiar with our culture, go familiarize yourself because that's how we made it through the tough times is together. So, please, all I ask is let's work together. And we're here to help. Okay, thank you very much. CHR. CHUNG: Thank you for saying that, Ms. Poindexter. Deanna, can you come up? Ms. David has a question. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. DAVID: Thank you, Chair. Thank you, Director Sako. And it's a really short question given the fact that I believe Ms. Kierkiewicz is going to ask that we postpone. Timewise, are there any issues that we'll be looking forward if we postpone this to the Kona meeting? MS. SAKO: On Bill 36, we're fine with that. MS. DAVID: Okay. MS. SAKO: We can live with that, yeah. MS. DAVID: Okay, perfect. That's all I needed to ask. Mahalo. CHR. CHUNG: Thank you. And before you make your motion, Ms. Kierkiewicz, and thank you, Deanna, I just wanted to follow up on something that Ms. Poindexter was talking about. We had a testifier earlier, Nancy Seifers, right, from Pahoa. And she's always so positive, always just really a—you can just see the good in her coming out, right? But she's getting kind of frustrated. You could tell, right, from her comments. And I just wanted to let her know that Page 38 Hawaii County Council-9 April 10,2019 we share those frustrations and we're all trying to work together in getting this thing, but there are a lot of systemic constraints that we have to, as a government, face. But as Ms. Poindexter stated, we're here to answer any questions and try to clear up any miscommunication or misconceptions that may exist. We stand at the ready to be able to talk to anyone. I've invited Kathy Emery to give me a call. I'd be willing to meet with her and her group. I know there's a lot of apprehension, miscommunications going around. But we share the frustration as well. Okay. MS. KIERKIEWICZ: But, Chair, I had a few more things that I wanted to add. CHR. CHUNG: Sure, go ahead. MS. KIERKIEWICZ: Because, Bill 36 is very important. It's $20 million. It's a subsidy. I see that as a gift on a silver platter from the State. No strings attached. And like I said yesterday, the FEMA contract that we had, $1.7 million for case management, that is so restrictive that we're having to hire three people temporarily to manage $1.7 million. So, the fact that we don't have strings attached to this 20 million, I want to make sure that we are creating an expenditure plan in partnership with the Administration that's driven by what the community wants and needs, and that we have this plan in place and a very clear process and procedure for how we are going to spend the money and make sure that we are keeping ourselves accountable and meeting those goals and expectations. There was an assertion earlier about the Council being limited in its ability to take things home and work with the Administration. And I'd like to counter that by just saying, "Bill 12, Exhibit A." It was very easy for myself and Council Member Lee Loy to work in partnership with the Administration to amend that bill so that we could provide relief to constituents. Not everybody can do that. But Ms. Lee Loy and I could because we have good working relationships throughout the County. I just have to press upon that for a little bit because I was sick in bed last month, 104 fever, texting constituents. I'm very available to my constituents. I may not respond immediately; sometimes I'm sick. But, hey, I do make an effort to respond back. I'm very available. And Susan Kim, who is here today and one of the principal folks behind I Mua Lower Puna, I feel we have a good working relationship and I've definitely been giving her as much information that I have so that she is equipped to make good decisions and share that with her network. But I feel that the Administration and individuals within the County bent over backwards to accommodate the request of Page 39 Hawaii County Council-9 April 10,2019 constituents to get $12,000 to do some additional roadwork through that really wonderful road that PGV(Puna Geothermal Venture) and Lono Lyman were able to make happen for residents in that kipuka. I'm sorry, but there are forms. We've got to fill out forms. Thankfully, and thank you, Director Ley, for being here today. You are providing us with a vehicle to do just that. And you've also assigned staff to basically hold the hands of our constituents to walls them through the paperwork. And I've been assured that this is going to be expedited. I showed up. I did my part. This is a partnership between government and community, and we all have to play our role. So, I just ask if there are individuals within the kipuka that need some help, there is a designated person within R&D (Department of Research and Development) or call me. I will have my staff sit down and help you fill out the paperwork. But I just have to say I'm very glad that these individuals are now able to go home. And that's thanks to a lot of work from PGV and Lono Lyman and even working with Public Works to make that happen. So, again, Chair, if we could just defer this measure to the Kona meeting, that way we'll have a clear process in place for how we're going to be spending those funds. Vote on Motion to Ms. Kierkiewicz moved to postpone Bill 36 to April 24, Postpone: 2019. Seconded by Mr. Richards and carried by the (Approved) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. This matter is postponed. Page 40 Hawaii County Council-9 April 10,2019 Bill 37: 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 Project Assistance– State Loan project for $40 million to the Capital Budget. Funds for this project shall be provided from State Loan Receivable. Funds would be used to provide relief, recovery, mitigation, and remediation assistance for damage, losses, and suffering caused by the 2018 Kilauea eruption. Reference: Comm. 154 Intr. by: Ms. Kierkiewicz First Reading: March 13, 2019 Postponed: March 28, 2019 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter (Note: There is a motion by Ms. Kierkiewicz, seconded by Mr. Richards, to approve Bill 37.) MS. KIERKIEWICZ: Chair, if I may? CHR. CHUNG: Yes, please. MS. KIERKIEWICZ: I would like to move forward and adopt Bill 37 today, and I've asked Director Sako to come and address the Council. It's really critical that these funds be available because it's not just about the roads and the infrastructure. There are critical pieces such as the radio tower, that's my understanding, that will help to provide health and safety for residents of the area because the fact of the matter is that Poho`iki is now open and folks are going there, and individuals are allowed access back into their homes. There are just more individuals in the area, and we want to make sure that they're safe and that our first responders are able to communicate and be there when called upon. So, Director Sako, could you just talk a little bit about how these monies will be used to make sure that happens? (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: Yeah, so, you have approved various appropriations so far, many of the FEMA and whatnot in the capital project fund. And these are to be the matching funds, basically, for those projects—and not only FEMA, but also Federal Highways. I think those are the two main ones that we're working with on this particular disaster. Page 41 Hawaii County Council-9 April 10,2019 But while there's a lot of big projects that I know you know we're still completing studies, we're trying to determine if we do permanent or temporary and there's a lot of work to be done, there's other projects that are moving forward, whether it's fixing up the Pahoa gymnasium and the new park complex after it was used as a shelter or whether it's getting the radio tower. And the tower itself may not be built, but we need an alternative. So, Civil Defense is working hard to get that whole radio system back up and operational to protect both our employees and the citizens that go down there to enjoy the beach. So, there are things that are moving forward. They may seem small, but there's some critical pieces. And so, this funding will allow us to do the match for those projects. MS. KIERKIEWICZ: Thank you, Director. I really appreciate you being here and just expanding upon that. So, my colleagues, as you can see, these monies are incredibly critical, and this is the $40 million loan from the Legislature and it's to be used to match Federal funds. So, I'm hoping for everyone's support on this measure. CHR. CHUNG: Okay, anyone else? Ms. Lee Loy. MS. LEE LOY: Thank you, Chair, and thank you, Deanna, for being here. I just want to expand a little bit on how we are trying to put all of these different pieces together in a succinct way. And I will be supporting approving this measure. But I also want to remind my colleagues that, in addition to this money, we also got a reallocation of$2.5 million from the Legislature to help stimulate the economy here. So, this multiprong, multilane approach is what is needed, and we are working across all types of bandwidth to really stand the island back up. I found this picture, which I just shared with the rest of my colleagues. It's rather simple. It says, "Success, what people think." And they think it's just a straight line. But what it really looks like is a bunch of squiggly lines all over the place, but at some point, we move upward. And so, they've really begun to focus on this that people think it's really simple and vertical movement is just seamless, but it's not. And as our Chair mentioned earlier, we stand at the ready to keep working hard, keep our nose to the grind stone, and keep moving items forward. And I just wanted to share that with my colleagues, that I think us, as an entire body, has demonstrated a lot of unity. And I'm reflecting on what Kahu shared this morning about serving our diverse communities. And I've said this before: Community ends in unity. And so, I really appreciate everyone here on the dais and for all the hard work that each and every one of us has put in, but more importantly, the more recent Page 42 Hawaii County Council-9 April 10,2019 collaboration with the Administration and the focus that everybody has taken. So, Deanna, thank you. Diane Ley, thank you. David Yamamoto, Public Works, thank you so much for all of your hard work. I yield. CHR. CHUNG: Thank you, again, for all of your hard work, you and Ashley and everyone else who had a hand in this. I just wanted to make a comment, and Ashley really articulated it well, that this 40 million is much different from the $20 million which we just deferred taking action on. This is a loan. It's intended to leverage Federal monies. Right? We're going to advance monies. You know what? We're going to leverage a far greater amount of Federal funds, but we need an upfront money. So, we have to move quickly. I just wanted to make that explanation so that people, in case they're wondering why are they moving without specification on the 40 but still holding up on the 20. The 20 is a blank check. So, we have to scrutinize that a little bit closer. Okay, any further discussion? There being none, all those in favor say "aye." Vote on Bill 37: The motion to pass Bill 37 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Congratulations, all of you, and thank you for your hard work. Let's see. Shall we go to the Waimea-Kohala? You want to do that? MS. LEE LOY: Public Works is here for Bill 46. CHR. CHUNG: Oh, Bill 46. MS. LEE LOY: And (inaudible). CHR. CHUNG: Oh, okay. We'll take Bill 46 up. MS. LEE LOY: And then 38 and 39. CHR. CHUNG: Okay, 38 and 39. All right. MS. LEE LOY: This is a squiggly line. Page 43 Hawaii County Council-9 April 10,2019 CHR. CHUNG: Yes, but we shall achieve success. MR. HENRICKS: Absolutely. Bill 46: 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 Highway 132 Road Restoration project to the Capital Budget: Federal Highway Administration ($40 million) and County ($10 million), for a total appropriation of$50 million. Funds for this project shall be provided from Federal Grants Receivable ($40 million) and General Obligation Bonds, Capital Projects Fund—Fund Balance and/or Other Sources ($10 million). Funds would be used to restore 3.2 miles of road which is inundated by lava, in order to provide property owner access and connectivity to Highway 137. Reference: Comm. 180 Intr. by: Ms. Kierkiewicz First Reading: March 28, 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 46 on second and final reading. Seconded by Ms. Lee Loy. CHR. CHUNG: Discussion. MS. KIERKIEWICZ: Chair, if I could just call up Director and Deputy Director of Public Works to talk story with the Council about where we are with 132 restoration. I know that, in our months of discussion, you've provided the community with updates on all the various processes and permits and various avenues you're having to navigate to move forward on this. And this appropriation will help with that, but I'm just hoping, for the record, you can provide us an update on where we are. I know that Director Yamamoto has stated it would be great if we could get this road in by October 5h so that it could be fully financed by the Federal government. So, the floor is yours. (Note: At this time, Public Works Director David Yamamoto and Deputy Director Allan Simeon came forward to address the members of the Council, via videoconferencing from Hilo.) MR. YAMAMOTO: Good morning, again. I'm David Yamamoto, Director of Public Works. In as far as 132, we are currently completing the NEPA CAT-X (Categorical Exclusion) application that is required for the Federal Highway aid, Page 44 Hawaii County Council-9 April 10,2019 part of this project. We've also submitted the NPDES (National Pollution Discharge Elimination System)permit to the Department of Health, and they're in review of the application. We're also completing or in the process of completing the survey that is required to design the roadway. And with that, we will establish the new profile that we will have to have over the existing or the lava flow area. And we also are preparing and getting a price-term agreement for equipment and operator rental. So, as soon as we are completed with the design as well as the permits being approved, we can start construction without having to go out to bid. We'll go through this price term where we basically are playing the general contractor and identifying the equipment we want and controlling the construction. And hopefully we can get it all completed by October 4h where we will be eligible for 100 percent reimbursement from the Federal Highway. MS. KIERKIEWICZ: Excellent, Director. It sounds like things are moving, and that is exactly what I wanted to hear. I'm just wondering if you could also clear up why can't we just take a bulldozer and just plow through and create a new road? I mean, I think it would be helpful if we can explain to the Council and community why, in that particular location, it's just not so easy. MR. YAMAMOTO: Right. Well, we're also in the process of getting the right of entries being that some of the work along the existing highway alignment will require us to enter into the private properties to complete the work. So, we're in that process. But we can't just start bulldozing being that there's a lot of Federal and State laws that require us to get these permits prior to starting the work. And that's always been the frustrating part of it, knowing that you, you know, what's the big deal? But that's the requirement, and we're not here to break any laws to get our work accomplished. So, it's like a really long—sometimes, it takes years to get permits that are required to do the work that we do. For instance, there's bridges and MS. KIERKIEWICZ: In this situation, our State and Federal partners understand just how critical and unprecedented this situation, this experience was for the community. So, it seems to me that they are working in close partnership with you folks. And I just want to thank you. I mean, this is one project on top of hundreds that you're having to juggle for our entire island. So, thank you. Thank you so much for your hard work and for being here today. It's much appreciated by myself and the community. MR. YAMAMOTO: I just wanted to clarify one thing regarding a comment that was made by Eileen O'Hara. We are proceeding with constructing this temporary road, but we do still have concern in that if the alternative study comes back and says to use an alternative route or to not restore that highway, the County is then Page 45 Hawaii County Council-9 April 10,2019 faced with having to maintain a substandard road being that it's just going to be gravel. Maintaining a gravel road with the amount of traffic that will potentially be going on there is going to be a lot of work. So, the County will be faced with basically, I think, right now, three options: whether to close the road, whether to do the permanent restoration itself with using its own funds to do this `cause there's not going to be any Federal reimbursement for that part of the work, or continue maintaining a substandard road. So, while we're proceeding ahead with the work to install a temporary road, we are still concerned with the fact that we might be left with a temporary road. MS. KIERKIEWICZ: Director, I appreciate you clearing things up for the record. It's true there's been a lot of misinformation from the community, not by anybody at the dais because we are clearly articulating everything in its entirety in terms of what you've shared with us. So, thanks for calling things out and setting the record straight. That's very helpful to all of us. Since we're on the discussion of roads, Susan, you had mentioned 132, 137, Poho`iki Lighthouse Road. These roads are projects that have been identified as priorities in terms of Bill 10. That was introduced by myself earlier this year, and that does provide monies for these roads from the Federal government. So, it is on Public Works' radar just like 132 and many other projects. Thank you. I yield the floor, Chair. CHR. CHUNG: Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. Thank you, Ms. Kierkiewicz. And thank you, Mr. Yamamoto, for really setting the record straight. I think all too often we have a lot of conversations and they happened three weeks ago, but there's been brand new information that comes forward while people are still parroting old information, which makes some of the conversation a lot more challenging. So, thank you very much. But more importantly, taking on Public Works as the Committee Chair, I knew it would be challenging because of the amount of permitting requirements and so much of what Public Works does is incredibly complex. And I just, for the record, want to thank you so much for really stepping up and looking at ways to get over, under, around, or through complex situations. And what we've seen right now is a demonstration of that with the restoration of Highway 132, the price-term agreement. We have a number of tools in our tool belt that we can find other solutions with. And, Mr. Yamamoto, really, I am so pleased and cannot express enough gratitude for your hard work and diligence. `Cause, this has been incredibly challenging just from all sectors. So, with that, again thank you so much. Chair, I yield. Page 46 Hawaii County Council-9 April 10,2019 CHR. CHUNG: Anyone else? David communicates well, yeah, after all. Okay, there being no further discussion, all those in favor say "aye." Vote on Bill 46: The motion to pass Bill 46 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Thanks, you guys, and thank you, everyone. Okay, 38 and 39, go ahead. Bill 38: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, OF THE HAWAII (Draft 2) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Amends Section 24-257, Schedule 5 (35 mile per hour limit), Subsection (c), South Hilo, by revising an existing listing for a portion of Kukuau Street. Reference: Comm. 156.2 Intr. by: Ms. Lee Loy (B/R) First Reading: March 28, 2019 Vote on Bill 38: Ms. Lee Loy moved to pass Bill 38, Draft 2, on second and Draft 2 final reading. Seconded by Ms. Kierkiewicz and carried by (Adopted) the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Page 47 Hawaii County Council-9 April 10,2019 Bill 39: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Amends Section 24-256, Schedule 4 (30 mile per hour limit), Subsection (c), South Hilo, by adding a new listing for a portion of Kukuau Street. Reference: Comm. 157 Intr. by: Ms. Lee Loy (B/R) First Reading: March 28, 2019 Vote on Bill 39: Ms. Lee Loy moved to pass Bill 39 on second and final (Adopted) reading. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Let us now go to Resolution 119-19. Res. 119-19: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO A MULTI-YEAR AGREEMENT WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION The two-year agreement would allow for continued Essential Air Service at the Waimea-Kohala Airport. Reference: Comm. 208 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 119-19. Seconded by Mr. Richards. MS. DAVID: I'd like to defer to Mr. Richards. CHR. CHUNG: Sure. Thank you. Mr. Richards. MR. RICHARDS: Thank you, Chair. I think most of the Council Members remember from last year my trying to sort through this problem. Long story short, it's an Essential Air Service at the Waimea-Kohala Airport. And it is a contract with the Federal government that funding must come out of the Page 48 Hawaii County Council-9 April 10,2019 community. It's a $400,000 contract where the community must come up with 5 percent or, roughly speaking, $20,000. We have funding in the budget this year for that. Actually, we have funding for the next two years. And so, I'll be asking for your support. In the meantime, I am working with Senator Schatz's office to see if we can get this thing re-designated while we go forward. The reason it's important to keep this going is it literally takes an act of Congress to have this contract authorized. So, if we were to lose it, we'd lose a lot for that community as a whole. And we are seeing an increased use of that airport. So, I think the timing is very good. I'll be asking for your support. CHR. CHUNG: Okay, anyone else? I think we all saw that article in the newspaper the other day, and I really wanted to congratulate Mr. Richards. I know it's taken a lot of your time. You've absorbed yourself in this matter for the better part of a year, I would think. And really, congratulations to you and the community. Okay, we have a motion on the floor. All those in favor, say "aye." Vote on Res. 119-19: The motion to adopt Res. 119-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. What do you guys want to take up now? Let's go to the top, Resolution 20-19. Return to Order The Chair directed the Council to return to the order of business. of Business: 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.) Page 49 Hawaii County Council-9 April 10,2019 Res. 20-19: AUTHORIZES THE EMPLOYMENT OF A PRIVATE ATTORNEY TO REPRESENT THE COUNTY OF HAWAII IN LITIGATION AGAINST OPIOID MANUFACTURERS WHO MAY BE LIABLE TO THE COUNTY OF HAWAII FOR THE OPIOID EPIDEMIC The Office of the Corporation Counsel requests the Council's approval to hire Napoli Shkolnik PLLC and its local counsel, the HI Accident Law Center, with any and all compensation to be provided from potential settlement or award amounts. Reference: Comm. 12 Intr. by: Ms. David (B/R) Approve: FC-15 Postponed: March 13 and 28, 2019 Note: Requires 2/3 vote of the entire membership, pursuant to Section 6-5.5, Hawaii County Charter (Note: There is a motion by Ms. David, seconded by Ms. Kierkiewicz, to approve Res. 20-19.) Relinquish Chair: ACTING CHR. EOFF: Ms. Davidoh, I'm sorry. Let me state that I've assumed the chair. MS. DAVID: Thank you, Chair. Mr. Kamelamela, thank you for being here, for your patience. Would you like to give us a summary of this resolution? (Note: At this time, Corporation Counsel Joseph Kamelamela came forward to address the members of the Council.) MR. KAMELAMELA: Good morning MS. DAVID: Good morning. MR. KAMELAMELA: Chair, members of the County Council. So far, we had what I thought were two good robust discussions back on January 8 and February 19 as to what we intend to do in this case. So, unless there's any questions, I'm here to answer anything else, any other concerns that people might have. Any questions? MS. DAVID: Thank you. I have none, and thank you. Yes, we did have some robust discussions, but I'll yield for now. Thank you. ACTING CHR. EOFF: Council Members? Ms. Poindexter. Page 50 Hawaii County Council-9 April 10,2019 MS. POINDEXTER: When this first came before us, I was kind of leaning towards not supporting it. And then I turned to my right and I see a book here that my colleague has about opioids, and I'm kind of like, you know, curious. So, I'm kind of reading it, and then I did more research and I looked into the pharmaceutical companies and their aggressive marking campaigns. They made billions of dollars. Right? So, it was, like, profit over patient safety. So, it's time for them to fork over some of those monies that they made billions off of our people people who have lost their lives. I had a classmate who committed suicide, and it was tied to opioid use. I know a lot of people who, you know, that we've got to deal with these devastating effects of their aggressive marketing campaigns. And they just, like I said, they need to fork some of that money over so that we can start addressing this epidemic that they helped create. So, we're all in this together. So, I say patient safety over the profits. So, thank you. MR. KAMELAMELA: Thank you for those comments. ACTING CHR. EOFF: Okay, thank you, Ms. Poindexter. Are there any other comments? Mr. Richards. MR. RICHARDS: Thank you, Chair. If I missed something, forgive me. There's a request for an Executive Session as it pertains to this conversation and ACTING CHR. EOFF: No. MR. RICHARDS: It's not? MR. KAMELAMELA: It's a different matter. MR. RICHARDS: Okay, all right. So, I've, with all due respect to my colleague Ms. Poindexter, I am on the other side of this as I have yet—I've repeatedly asked for information to be brought forth that would convince me otherwise. I don't disagree there's an opioid epidemic. What I am concerned about is that we are going for a deep pocket rather than actually the root of the problem. I said it previously, in going after a manufacturer I think we're ignoring the bigger problem. And so, again, I will state my request that I'd like to see some credible information that would convince me otherwise. Because, I think we're going after the deep pockets because of the deep pockets rather than, necessarily, the problem which is the end user. I have not been given any information to convince me of that. So, I'm curious to hear what my colleagues will say. But like I said, I Page 51 Hawaii County Council-9 April 10,2019 have not seen any information as of yet. And doing an internet search, you can find almost any answer we want on both sides of the argument there. That's not the credible information. I yield. ACTING CHR. EOFF: Thank you, Mr. Richards. Any other comments from Council Members? Ms. Villegas. MS. VILLEGAS: Sure. Because I'm so new at this, perhaps I just don't have it's not my assumption that somebody needs to bring me the information to convince me. I guess I'm a little disappointed that Mr. Richards hasn't gotten information, but I would love to encourage him to, if you just google it, there's more information about this issue and the current lawsuits and all the different facts associated with it, even so much as to now it's being indicated that certain manufacturers of the family that owns the drug company not only marketed the drugs with false pretenses and not indicating the true nature of the potential demise that would come to people utilizing these pharmaceutical drugs, but also that they are manufacturing the drugs to help quote, unquote "cure"it. So, I guess in my mind, that just is a really big red flag that not only was it intentional to provide something that what would do harm to people, but that it was for the intention of making money and so much so that, then, they went to the next step, which is to make money off of the cure. So, I guess and in all due respect, Mr. Richards, I suppose I have a question about—and I understand you're a doctor, but you work in a veterinary practice so, my question would be, would it have been appropriate for a drug manufacturer to present you with just how does thatI mean, it's not surprising to me that you haven't had that experience because of the nature of your doctoring. I'm sorry, I'm not sure if the nature of your medical practice is not necessarily as directly related to pain medicine for humans. In closing, it's been really interesting to me. This is a national topic. This is a statewide topic. This is an island epidemic. We're seeing one of the largest corruption cases in the State of Hawaii drawing right into, locally in Hilo, the writing of opioid prescriptions. And I do want to also state that it's not for lack of taking and acknowledging how the doctors have been involved and patients in their own consumption—and all those other platforms have and are being addressed—but this is taking it to the next level and holding accountable those that created a poison and sold it as a magic pill. And the devastation socio- economically on our communities is vast and far reaching. And as we continually try and figure out how to house our homeless people with dual diagnosis, whether or not that's mental health issues, some related to opioid addiction or just drug addition and substance abuse addictions, it ties into some accountability for corporate greed and the ability of corporations to not always Page 52 Hawaii County Council-9 April 10,2019 have to be held accountable because they're not they get the rights of a person but they don't have to be held responsible necessarily. And I just firmly believe that, in this situation, there's an opportunity for little to no risk for the County with an opportunity for some reward. So, I believe that the rewards outweigh the risks in participating in a lawsuit as such. So, thank you. MR. RICHARDS: Chair? ACTING CHR. EOFF: Mr. Richards, I think there was a question in that testimony for you. MR. RICHARDS: Yes, there was. ACTING CHR. EOFF: Okay. MR. RICHARDS: Thank you, Chair. And again, Ms. Villegas, I will politely but emphatically disagree with you on a couple of areas. First of all, I do carry a license to prescribe opioids. And I have so for the last 30-plus years. The marketing has never—I've never seen it in the veterinary world. I've never seen it in any veterinary discussion, first thing. Second thing you touched on and you proved my point, that you said all I have to do is do a Google search. I find it interestingly humorous that April 1st is the only day people question the validity of things we read on the internet. I'm not saying that there's not good information there. What I'm saying is it can be very jaded. And so, a credible source would be a credible source. Google is not necessarily a totally credible source. Secondly, you touched on it and you proved my point for me. So, thank you. The prescriber of the opioid is the end user, and that's where we need to focus. You also made a comment that this medication is poison. It's not poison. It's absolutely not poison. `Cause if that was the case, we should outlaw it completely and have no pain mitigation. But that's not the right direction either. What we're talking about is managing a crisis. And if there is culpability in manufacturing, I'm all for it. I have yet to see credible information that makes me think otherwise. But I also believe that the end user—the prescriber, the one that carries the DEA (Drug Enforcement Administration) license—is to be held accountable. You've made the point. We have that going on in our State this very moment. And that is accurate. That's what we need to do, is go after the end user. But either these supplies are coming through an unscrupulous or illegal end user prescribing them or they're coming through some other channel. If that channel is not addressed, Page 53 Hawaii County Council-9 April 10,2019 it's not the manufacturer because these are not poisons. Used inappropriately, yes, they are poisonous. But to make a categorial statement is inaccurate. And so, I emphatically disagree with you. Thank you, I yield. ACTING CHR. EOFF: Thank you, Mr. Richards. Mr. Kaneali`i-Kleinfelder, but I think Ms. David had her light on first. It just went off So, you guys can decide. Ms. David. MS. DAVID: He very gentlemanly said, "Women first." So, thank you. I appreciate the discussion from both Mr. Richards, from the professional aspect, and also from the human perspective that Ms. Villegas has shared with us. And I believe that both sides are, to me, accurate in what they believe in. And because this is a class action lawsuit, I think some of the information that Mr. Richards, in my mind, is trying to obtain in making his decision is the reason why I believe a class action lawsuit to discuss this or to address this very serious problem that we have. It touches everybody in this room. And from personal experience, opioids—not my personal experience, but family—the destruction to a human being that it does to address pain, I think people have no choice. There's a very old epidemic of people that use the drugs not for pain but just for the feeling that they have, abuse. But I think before we can even answer the questions that Mr. Richards has, this lawsuit will determine whether it is a manufacturer's responsibility or they are to blame for this epidemic of sorts. But I think we have to start somewhere. And it's a 50-50 chance on a class action. And if we win, they will win on legal determinations and then we'll find out. If we don't win, it's not costing the County any money. But I really believe that if we win, we will at least have an opportunity to address something that everyone in this room has been touched by in one way or another. So, I am supporting this for the mere reason that I think we need answers. And I hope we are successful. So, I yield. MR. KAMELAMELA: I just wanted to clarify one point. It's not only the manufacturer but also the distribution chains that we also are looking at. ACTING CHR. EOFF: Okay, thank you. And Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Joe clarified what I was about to say. Thank you, Joe. ACTING CHR. EOFF: Thank you. Ms. Poindexter. MS. POINDEXTER: I just wanted to say that my research wasn't just on Google. I spoke with healthcare providers in both medical facilities and substance abuse Page 54 Hawaii County Council-9 April 10,2019 treatment facilities. I talked to their counselors about the situation and the devastation that they're facing in their communities and what is going on because of it. So, I just wanted to make that clear, that mines wasn't just a google. I was trying to get a lot of factual information. And a lot of the factual stuff, too, came from some family members of those who committed suicide and talked about the opioid use that was beyond that person's control. When it affects your brain, they say it's a brain disease more. But anyway, I just wanted to make that clear. Thank you. I yield. ACTING CHR. EOFF: Thank you Ms. Poindexter. Any other comments? Ms. Villegas. MS. VILLEGAS: I also would just like to clarify that I actually have a book written by a gentleman who's an expert in the field and it goes through all the historical data and statistics and the findings in doing research. I don't have the book with me today. I apologize. But I would gladly loan it to you, Mr. Richards, to take a look at and see if you would deem it to be a reliable source. So, I'd be happy to share that with anybody if they'd like to look at that. I do understand that a lot of the stuff on the internet is not always accurate but there are some very reliable and viable sources of information that you can find on the internet. I actually came across this book after listening to NPR (National Public Radio) and an interview with the author and talking about the different facets of this issue. So, thank you. I yield. ACTING CHR. EOFF: Okay, thank you. Any other discussion? Mr. Kamelamela, anything to add? MR. KAMELAMELA: No. ACTING CHR. EOFF: Okay, thank you. Well, then, I guess I'll just make a quick comment. First of all, I just want to remind everybody there's a note here that this requires two-thirds of a vote of the entire membership. So, that would be six "ayes" to approve. And I believe that we should join this class action, and I'm hoping that we'll have enough people to support that here today. I'll take a roll call vote. Mr. Clerk. Vote on Res. 20-19: The motion to adopt Res. 20-19 and Finance Committee (Adopted) Report No. 15 was carried by the following roll call vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Poindexter, Villegas, and Acting Chair Eoff—6. Noes: Council Members Lee Loy and Richards —2. Absent: Council Member Chung— 1. Excused: None. Page 55 Hawaii County Council-9 April 10,2019 ACTING CHR. EOFF: Okay, thank you. Motion carries. Thank you, Mr. Kamelamela. MR. KAMELAMELA: I thank all of you. ACTING CHR. EOFF: Okay, we've covered all the resolutions. We've covered "Bills for First Reading," and we have a few things left under "Second and Final Reading." Mr. Clerk, Bill 40. BILLS FOR The Acting Chair directed the Council to proceed to the next order of business, ORDINANCES Bills for Ordinances (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order.) ORDER OF The Acting Chair directed the Council to proceed to the next order of business, THE DAY Order of the Day (Second or Final Reading). (SECOND OR FINAL READING): (Note: Items in this category were taken up previously, out of order.) Bill 40: DESIGNATES TAX MAP KEY: 6-8-041:008 AS THE"KAMAKOA NUI PARK"PURSUANT TO CHAPTER 15, ARTICLE 8, SECTION 15-67 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED); AMENDS SECTION 15-68.1 TO ADD THE "KAMAKOA NUI PARK" TO THE PARKS AND RECREATIONAL FACILITY SCHEDULE; AND AMENDS CHAPTER 14, ARTICLE 1, SECTION 14-1, RELATING TO PROHIBITING THE POSSESSION OR CONSUMPTION OF INTOXICATING LIQUORS AT ALL TIMES Reference: Comm. 158 Intr. by: Mr. Richards First Reading: March 28, 2019 Motion to Approve: Mr. Richards moved to pass Bill 40 on second and final reading. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Mr. Richards. MR. RICHARDS: You've heard me talk about it previously. I went back and looked through a little history. This all started well over ten years ago, and we're cleaning up some paperwork to have Kamakoa Nui Park designated as Kamakoa Nui Park. So, thereby, once we get that done, then we can move on and get some other things done for Kamakoa Nui. So, I ask for your support. ACTING CHR. EOFF: Okay, thank you. Any other discussion? All in favor, say "aye." Page 56 Hawaii County Council-9 April 10,2019 Vote on Bill 40: The motion to pass Bill 40 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: The bill is adopted. Bill 41: 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 Short Term Vacation Rental Registration Fees account ($800,000); and appropriates the same to the Short Term Vacation Rental Enforcement account. Funds would be used to hire temporary workers and purchase software to implement the provisions of Ordinance 18-114. Reference: Comm. 168 Intr. by: Ms. David (B/R) First Reading: March 28, 2019 Vote on Bill 41: Ms. David moved to pass Bill 41 on second and final (Adopted) reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Chung and Richards —2. Excused: None. Page 57 Hawaii County Council-9 April 10,2019 Bill 42: 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 Increases the Office of Management Village 9 Homeless and Affordable Rental Project by $20,000, for a total appropriation of$204,000. Funds shall be provided from State Grants Receivable and would be used to develop master plans for a Homeless Facility and an Affordable Rental Project. Reference: Comm. 169 Intr. by: Ms. David (B/R) First Reading: March 28, 2019 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Vote on Bill 42: Ms. David moved to pass Bill 42 on second and final (Adopted) reading. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Chung and Richards —2. Excused: None. Bill 44: 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 Increases the Environmental Management South Hilo Sanitary Landfill Closure— State Revolving Fund project by $3 million, for a total appropriation of $23 million. Funds for this project shall be provided from State Revolving Funds and would be used for construction management and contingencies. Reference: Comm. 171 Intr. by: Ms. David (B/R) First Reading: March 28, 2019 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Page 58 Hawaii County Council-9 April 10,2019 Vote on Bill 44: Ms. David moved to pass Bill 44 on second and final (Adopted) reading. 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 44 is adopted. Bill 45: 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 Hawaii Island Bikeshare System - Federal account ($120,000); and appropriates the same to the Hawaii Island Bikeshare System— Federal account. Funds would be used to purchase bikeshare stations and bicycles for the Hawaii Island Bikeshare System in Kailua-Kona. Reference: Comm. 172 Intr. by: Ms. David (B/R) First Reading: March 28, 2019 Vote on Bill 45: Ms. David moved to pass Bill 45 on second and final (Adopted) reading. Seconded by Mr. Kaneali`i-Kleinfelder 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 45 is adopted. Okay, moving down to "Reports." We have Planning Committee Report 14. REPORTS: The Acting Chair directed the Council to proceed to the next order of business, Reports. Page 59 Hawaii County Council-9 April 10,2019 PC-14 NOMINATION OF DEAN AU TO THE WINDWARD PLANNING (Comm. 174): COMMISSION Requires Council Confirmation by: April 21, 2019 (Section 13-4(1), Hawaii County Charter) Vote on PC-14: Ms. Kierkiewicz moved to adopt Planning Committee (Adopted) Report No. 14. 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: Motion carries. PC-15 NOMINATION OF JULIE HUGO TO THE WATER BOARD (Comm. 175): Requires Council Confirmation by: April 21, 2019 (Section 13-4(1), Hawaii County Charter) Vote on PC-15: Ms. Kierkiewicz moved to adopt Planning Committee (Adopted) Report No. 15. 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: Motion carries. PSC-8 NOMINATION OF JOHN BERTSCH TO THE POLICE COMMISSION (Comm. 176): Requires Council Confirmation by: April 21, 2019 (Section 13-4(1), Hawaii County Charter) Page 60 Hawaii County Council-9 April 10,2019 Vote on PSC-8: Ms. Lee Loy moved to adopt Public Safety Committee (Adopted) Report No. 8. Seconded by 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. REFERRALS FOR The Acting Chair directed the Council to proceed to the next order of business, EXECUTIVE Referrals for Executive Session. SESSION: Comm. 159: CLAIM AGAINST THE COUNTY OF HAWAI`ULEILEHUA OSORIO From Deputy Corporation Counsel D. Kaena Horowitz, dated March 7, 2019, requesting an attorney-client confidential discussion to consult with the Council on a claim submitted by The Law Offices of Brian De Lima, on behalf of its client, Leilehua Osorio. Motion to Close Ms. Lee Loy moved to close file on Comm. 159. Seconded File: by Mr. Richards. ACTING CHR. EOFF: Go ahead, Mr. Kamelamela. (Note: At this time, Corporation Counsel Joseph Kamelamela came forward to address the members of the Council.) MR. KAMELAMELA: Okay, before we make a motion, Joseph Kamelamela— ACTING CHR. EOFF: We only made a motion to file Communication 159, but we'll wait to make a motion for Executive Session. MR. KAMELAMELA: Joseph Kamelamela, Corporation Counsel. If there's going to be no questions in Executive Session, then there's no purpose to have it. So, it's up to the Council as to whether you really want to talk about it or not. ACTING CHR. EOFF: Okay. So, everybody understands that if we have questions, then we need to move into Executive Session. Council Members, is there discussion? Page 61 Hawaii County Council-9 April 10,2019 Vote on Motion to Ms. Lee Loy moved to enter into Executive Session in Enter into order to hold attorney-client privilege discussion regarding Executive Session: Communication 159, as authorized by Section 92-5(a)(4) of (Approved) the Hawaii Revised Statutes. Seconded by 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: We'll take a recess while we prepare the room. Recess: At 12:07 p.m., the Acting Chair called for a recess to clear the room. Reconvene: The meeting reconvened at 12:56 p.m. Vote on Motion to Ms. Lee Loy moved to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 159. Seconded by (Approved) Ms. David and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Chung and Richards —2. Excused: None. ACTING CHR. EOFF: Okay, thank you. MR. KAMELAMELA: Thank you. ADJOURN- There being no further business, at 12:59 p.m., Ms. Lee Loy moved to adjourn the MENT: meeting. Seconded by Mr. Kaneali`i-Kleinfelder and carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Chung and Richards —2. Excused: None. Page 62 Hawaii County Council-9 April 10,2019 ACTING CHR. EOFF: Motion is carried, and we are adjourned. Thank you, Council Members. You know MR. HENRICKS: Oh, we didn't vote to close file on Communication 159. ACTING CHR. EOFF: I know. I just realized that. I'm sorry. Can we undo the motion to adjourn? MS. DAVID: Can we withdraw the motion to adjourn? MR. KANEALI`I-KLEINFELDER: Oh, we've got to do the whole special ? ACTING CHR. EOFF: We have to MS. LEE LOY: Motion for reconsideration. MR. HENRICKS: Bring the meeting back to order. Withdraw ACTING CHR. EOFF: Okay, and I forgot to do something else too. So, I'm glad Adjournment: we're going to go back. Okay, we're going to withdraw the motion to adjourn. MR. HENRICKS: Withdraw your announcement. ACTING CHR. EOFF: I'm going to withdraw my announcement that we are adjourned, and we're going to go back to Communication, was it 159? 159. And I need a motion to close file. MR. HENRICKS: No,just a vote. ACTING CHR. EOFF: I just need a vote on Communication 159. All in favor, please say "aye." Vote on Comm. 159: The motion to close file on Comm. 159 was carried by the Filed following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Chung and Richards —2. Excused: None. Page 63 Hawaii County Council-9 April 10,2019 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. ACTING CHR. EOFF: May I make an announcement? Before Chairman Chung left, he had asked me to please recognize former Council Chair and Council Member Elroy Osorio who passed away earlier this month at the age of 94. He had served in various capacities from the `60s to the `90s. He was a political participant in government. He was a volleyball coach, and he was esteemed by all of his colleagues for the legacy that he has left. So, I just wanted to mention him and if anyone else has any comments. MR. HENRICKS: If you don't mind, I would ACTING CHR. EOFF: Sure. MR. HENRICKS: It's a little bit out of order for me to comment, but I've read his name a lot through the records and the years. He was here for many years, and clearly, his legacy will live on as far as his time here. And he's a beloved figure, and I'm also a friend of the family. So, I just would like to take this opportunity to extend my condolences. A wonderful family. He's a wonderful man, and he's a great leader of that family. They're awesome people, and I feel for them right now. So,just thank you for that. ACTING CHR. EOFF: Okay, thank you, Mr. Henricks. Ms. Lee Loy. MS. LEE LOY: Yeah, thank you. I had the privilege of actually working for Papa O, as he was affectionately known. When I started my term on the Council, he was elected as Chair and I had the privilege of serving as his Council Aide. It was just a wonderful experience. He was just a wonderful warm gentleman back in the day when politicians weren't politicians; they were statesmen. And one thing I will always remember about Papa O was he had the most perfect penmanship, something that I think we take for granted now because we type and text so often. He would constantly handwrite notes in the most perfect penmanship. It was that demonstration of aloha that I picked up myself and try and teach my kids that a thank you note, a handwritten thank you note is really a very thoughtful and kind thing to do because of the energy and aloha that's put into it. Page 64 Hawai`i County Council-9 April 10,2019 Like our Clerk, our families are very close. The Osorio's down in Keaukaha, they are cornerstones of community. But bigger than that, they are a force to be reckoned with on the volleyball court. So, with that, I do miss him very much. And my love and aloha does go out to Aunty Delene and the Osorio family. He will really be missed. Thank you. ACTING CHR. EOFF: Thank you, Ms. Lee Loy. Okay, is there anybody else who would like to comment? Then, seeing none, now we can ask for another motion to adjourn. ADJOURN- There being no further business, at 1:04 p.m., Ms. Lee Loy 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, Villegas, and Acting Chair Eoff— 7. Noes: None. Absent: Council Members Chung and Richards—2. Excused: None. ACTING CHR. EOFF: Thank you very much. Council Approval: MAY 082019 COUNTY CLERK JH/dg Page 65