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HomeMy WebLinkAboutMIN COUNCIL 2019-05-21 2018-2020 Hawaii County Council 121h Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii May 21, 2019 INVOCATION: Pastor Ron Brav of Calvary Chapel Hilo gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:01 a.m., in the Council Chambers, Hilo, by Mr. Aaron S. Y. Chung, Chair. ROLL CALL: Present: Mr. Aaron S. Y. Chung, Chair Ms. Karen Eoff, Vice Chair 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. Villegas 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: Robert Golden: Res. 166-19 (Comm. 273), in support. Hawaii County Council-12 May 21,2019 Dwight J. Vicente: Res. 141-19 (Comm. 238), comment; Res. 142-19 (Comm. 239), comment; and Res. 159-19 (Comm. 266), 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.) ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 141-19: AUTHORIZES THE TEMPORARY CLOSURE OF KEAUKAHA ROAD ON A NIGHTLY BASIS TO PREVENT LOITERING, LITTERING, AND OTHER ILLEGAL ACTIVITY Pursuant to Section 24-153.3 of the Hawaii County Code, a gate would be installed at the intersection of Keaukaha Street and Kamokuna Street, with appropriate times for nightly closure and reopening to be determined by the Chief of Police, the Director of Public Works, and the Director of Parks and Recreation. Reference: Comm. 238 Intr. by: Ms. Lee Loy Approve: PWMTC-8 Motion to Approve: Ms. Lee Loy moved to adopt Res. 141-19 and Public Works and Mass Transit Committee Report No. 8. Seconded by Mr. Richards. CHR. CHUNG: Discussion? MS. LEE LOY: Just asking for your continued support. CHR. CHUNG: Okay. There being no further discussion or discussion at all, all those in favor say "aye." Page 2 Hawaii County Council-12 May 21,2019 Vote on Res. 141-19: The motion to adopt Res. 141-19 and Public Works and (Adopted) Mass Transit Committee Report No. 8 was carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung–9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Resolution 141-19 is adopted. Mr. Clerk, why don't we go to Resolution 175-19? 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. 175-19: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAII Funds in the amount of$9,900 would be provided to the University of Hawaii for its East Hawaii Cacao Variety Trial program to determine varieties with high yields and resistance to Black Pod Rot. Reference: Comm. 289 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 175-19. Seconded by Ms. Villegas. CHR. CHUNG: Discussion? MS. DAVID: Thank you, Chair. I have Mr. Sako—good morning, Mr. Sako. Could you please come up? I understand a waiver was requested out of Committee due to the time element. So, could you please explain this briefly? Thank you. (Note: At this time, Economic Development Specialist Glenn Sako, Department of Research and Development, came forward to address the members of the Council.) MR. SAKO: Good morning. I'm Glenn Sako, Agricultural Specialist with Research and Development. Thank you for taking this out of order. We have Page 3 Hawaii County Council-12 May 21,2019 we're coming up on the timeline in order to get this agreement finalized and trying to work with the University of Hawaii with their contract wording also. This is an opportunity to screen for black pod fungal resistance as this cacao industry is fairly young and starting to take hold and expand. So, the University of Hawaii is taking a proactive approach and not waiting until this dreaded disease wreaks havoc on yield and the mortality of the plants. And so, they're starting to do—they want to start the screening of ten varieties. And at least two of them they know show promise to show some resistance. And then, also looking for yield to support the economic threshold of the crop. MS. DAVID: I see. Awesome. Thank you so much for that explanation. I'll yield to any other questions. I'm done. Thank you. CHR. CHUNG: Mr. Richards. MR. RICHARDS: Thanks, Chair. Thanks, Glenn, for being here. I spoke to the ag leadership group this last month, and this is one of those glimmers on the horizon that may be something, a new ag crop for Hawaii County for Hawaii State. And R&D (Department of Research and Development) is research and development. They're supposed to be helping us get this done. So, Glenn, I commend you for trying to keep this going. And there is a lot of promise that actually shows here. So, with that, I wholeheartedly support this, and I think we should look for other funding to help get this thing going because it's going to take time to build that. So, with that, I fully support it. And, Glenn, come back with more projects. I yield. MR. SAKO: Thank you. CHR. CHUNG: Okay, any further discussion? There being none, all those in favor say "aye." Vote on Res. 175-19: The motion to adopt Res. 175-19 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 4 Hawaii County Council-12 May 21,2019 CHR. CHUNG: Motion carried. Resolution 175-19 is adopted. At the request of Mr. Richards, I'm going to do something kind of strange here. We have a MS. DAVID: Excuse me, Mr. ClerkI mean, Mr. Chair. I need to make a motion upon the request to waive the reconsideration five-day holdover. Thank you. Vote on Motion to Ms. David moved to suspend Council Rule 15 to waive the Suspend Council 5-day hold for reconsideration. Seconded by Ms. Lee Loy Rules: and carried by the following voice vote: (Approved) Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Thank you. MS. DAVID: Mahalo. CHR. CHUNG: Okay. We have "Referrals for Executive Session." It's Communication 276, claim against County/First Insurance regarding a property damage accident in November [sic] 2018. This is all confidential stuff We have that packet. I don't know if everyone has reviewed it, but it's relatively simple. We have Mr. Horowitz from the Corporation Counsel's office here, one of the highest paid employees in the County. So, we'd like to get him on his way if possible. But if we need to go into Executive Session, then we have to wait probably until the end of the agenda. But if we don't have any questions, then we could probably just go ahead and approve this. Would that be okay? Anybody has ? MR. HENRICKS: Yeah, that's fine. If we could just read it in CHR. CHUNG: Okay, Mr. Clerk, yeah, why don't you read it in. MR. HENRICKS: Yeah, let's take a motion to close file, and we'll go on from there as you've stated. Page 5 Hawaii County Council-12 May 21,2019 Comm. 276: CLAIM AGAINST THE COUNTY OF HAWAII/FIRST INSURANCE COMPANY OF HAWAII From Claims Adjuster/Investigator Clifford Victorine III, dated April 30, 2019, requesting an attorney-client confidential discussion to consult with the Council on a property damage accident occurring on or about October 15, 2018. Motion to Close Ms. Lee Loy moved to close file on Comm. 276. Seconded File: by Mr. Richards. CHR. CHUNG: And that would also be to adopt the recommendation ? MR. HENRICKS: We can do a secondary motion to keep those things separate and clear. There'll be, eventually, a motion to, I suppose, approve the CHR. CHUNG: Okay. Discussion? Mr. Richards. MR. RICHARDS: Thank you, Chair. I read through this, and the question was if we need to go into Executive Session. We as a Council have adopted the position that if we don't have to go into Executive Session, we don't want to go there. I've read through this. I don't think we need to, but I yield to my colleagues. CHR. CHUNG: Why don't we have Mr. Horowitz come up here? Just briefly explain what this is all about. We have the confidential materials regarding this claim, but whatever you can tell us in open session, please do. (Note: At this time, Kaena Horowitz, Deputy Corporation Counsel, came forward to address the members of the Council.) MR. HOROWITZ: Kaena Horowitz, Corporation Counsel—not one of the highest paid people in the County. CHR. CHUNG: Among. MR. HOROWITZ: I wanted that on the record unless you guys want to fix that, but that will be on you. So, there was a car accident. We thought liability was pretty straightforward and that the amounts requested for repair and such were reasonable. And due to it being over the threshold, we had to ask Council for your approval. It was pretty straightforward like you had mentioned. CHR. CHUNG: Okay. Any questions? And it's a fair subsidy. MR. HOROWITZ: It is fair, yes. CHR. CHUNG: Ms. Lee Loy. Page 6 Hawaii County Council-12 May 21,2019 Vote on Motion to Ms. Lee Loy moved to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 276. Seconded by (Approved) Ms. David 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. Thank you very much, Mr. Horowitz. Okay. And how ? MR. HENRICKS: A quick vote to wrap up the communication. CHR. CHUNG: Okay, and a motion to close file. We have a motion, we have a second. All those in favor, say "aye." Vote on Motion to The motion to close file on Comm. 276 was carried by the Close File: following voice vote: (Approved) Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Thank you. MR. HENRICKS: Thank you. CHR. CHUNG: Let's go on to "Order of the Day, Second and Final Reading." Bill 47, Draft 2. Page 7 Hawaii County Council-12 May 21,2019 Bill 47: AMENDS SECTION 25-8-11 (LALAMILO-PU'UKAPU ZONE MAP), (Draft 2) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—FORTY ACRES (A-40a) TO AGRICULTURAL—FIVE ACRES (A-5a) AT PU'UKAPU HOMESTEADS 2ND SERIES, WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-4-017:043 (Applicant: 64-560 Mamalahoa, LLQ (Area: 10.94 Acres) The Leeward Planning Commission forwards its unfavorable recommendation for this change of zone, which would allow the applicant to apply for subdivision of the parcel and create a flag lot. The property is located approximately .42 miles west of White Road and 150 feet east of Pu`u Manu Place. Reference: Comm. 196.3 Intr. by: Ms. Kierkiewicz (B/R) First Reading: May 8, 2019 Vote on Bill 47: Ms. Kierkiewicz moved to pass Bill 47, Draft 2, on second Draft 2 and final reading. Seconded by Ms. Lee Loy and carried (Adopted) by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Bill 47, Draft 2, is approved. Since we have Mr. Kern here, why don't we go on to "Reports" and his nomination to the Water Board? PC-22 NOMINATION OF ZENDO KERN TO THE WATER BOARD (Comm. 261): Requires Council Confirmation by: June 1, 2019 (Section 13-4(1), Hawaii County Charter) Page 8 Hawaii County Council-12 May 21,2019 Vote on PC-22: Ms. Lee Loy moved to adopt Planning Committee Report (Adopted) No. 22. 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. Thank you very much, Zendo. Congratulations. Reid, what are you here for? Okay, can we go to Resolution 171? Oh, okay, Bill 71, I'm sorry. Bill 71: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Increases revenues in the Nutrition Services Incentive Program account ($3,387); and appropriates the same to the Nutrition Services Incentive Program account, bringing the total appropriation to $103,387. Funds would be used for supplies for the program. Reference: Comm. 288 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 71 on first reading. Seconded by Ms. Lee Loy. CHR. CHUNG: Discussion, please. MS. DAVID: Thank you, Mr. Sewake. This is another item that a waiver was requested out of Committee, and could you please give us a brief explanation? Thank you. (Note: At this time, Business Manager Reid Sewake, Department of Parks and Recreation, came forward to address the members of the Council.) MR. SEWAKE: Reid Sewake, Business Manager. These Federal funds received for the nutrition program are essentially used to purchase meals. We needed this increase, or the reason for the waiver—this grant is actually a Federal fiscal year, but we wanted to expend the funds and recognize the revenue in this fiscal year. So, that's why we asked for the waiver. Page 9 Hawaii County Council-12 May 21,2019 MS. DAVID: Thank you very much, and thank you for that program. I yield, Chair. CHR. CHUNG: Any further discussion? There being none, all those in favor say Ic aye. Vote on Bill 71: The motion to pass Bill 71 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Bill 71 is approved. Thank you, Reid. Okay, why don't we just go to the top of our agenda? Return to Order The Chair directed the Council to return to the order of business. of Business: Res. 142-19: ACCEPTS THE DEDICATION OF LOT 2-13, IDENTIFIED AS TAX MAP KEY NO.: 2-2-036:042 (POR.), SITUATED AT WAIAKEA, DISTRICT OF SOUTH HILO, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, FROM CHEDHOLD, LLC, A HAWAII LIMITED LIABILITY COMPANY The landholder seeks to dedicate these private roadways to the County for public roadway purposes. Reference: Comm. 239 Intr. by: Ms. Lee Loy (B/R) Approve: PWMTC-9 Page 10 Hawaii County Council-12 May 21,2019 Vote on Res. 142-19: Ms. Lee Loy moved to adopt Res. 142-19 and Public (Adopted) Works and Mass Transit Committee Report No. 9. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 155-19: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF LAND OR CONSERVATION EASEMENT(S) FOR ALL OR A PORTION OF THE PROPERTIES IDENTIFIED AS TAX MAP KEY NOS. 8-2-013:014; 8-2-013:002; 8-2-013:003; 8-2-014:043; AND 8-2-015:059 SITUATED IN KEALAKEKUA, DISTRICT OF SOUTH KONA, ISLAND AND COUNTY OF HAWAII, ALSO KNOWN AS THE AMY B. H. GREENWELL ETHNOBOTANICAL GARDEN, PURSUANT TO CHAPTER 2, ARTICLE 42, HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED The County would join the Friends of the Amy B.H. Greenwell Ethnobotanical Garden to acquire the property in whole or conservation easements to perpetuate traditions and customary native Hawaiian practices that sustain rare and native plant species. Reference: Comm. 254 Intr. by: Ms. David Approve: FC-35 Motion to Approve: Ms. David moved to adopt Res. 155-19 and Finance Committee Report No. 35. Seconded by Ms. Eoff CHR. CHUNG: Discussion? Ms. David. MS. DAVID: Thank you. I just really would like to acknowledge the Greenwell `ohana in Kona for all of their contributions and thank all the testifiers that came forward at Committee. I really would like to express my thanks foroh, there she is. That's Maile, the other Maile. Hi. So, based on Maile's advocacy over there in Kona, I would like our continued support for this really great effort to start negotiations for this wonderful piece of property of history for Kona. Thank you. Page 11 Hawaii County Council-12 May 21,2019 CHR. CHUNG: Any further discussion? There being none, all those in favor say Ic aye. Vote on Res. 155-19: The motion to adopt Res. 155-19 and Finance Committee (Adopted) Report No. 35 was carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Resolution 155-19 is adopted. Congratulations. Res. 159-19: AUTHORIZES THE EMPLOYMENT OF SPECIAL COUNSEL TO REPRESENT THE COUNTY OF HAWAII, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT IN RENEGOTIATION OF ITS SOLID WASTE MANAGEMENT CONTRACT WITH WASTE MANAGEMENT HAWAII IN REGARDS TO THE PU`UANAHULU WEST HAWAII SANITARY LANDFILL The Department of Environmental Management requests the Council's approval to retain special counsel with specific expertise and experience in solid waste contracting, at a cost not to exceed $300,000. Reference: Comm. 266 Intr. by: Ms. David (B/R) Approve: FC-36 Note: Requires 2/3 vote of the entire membership, pursuant to Section 6-5.5, Hawaii County Charter Motion to Approve: Ms. David moved to adopt Res. 159-19 and Finance Committee Report No. 36. Seconded by Ms. Lee Loy. CHR. CHUNG: Discussion? We had a protracted discussion, actually, at Committee. Any discussion here? There being none, all those in favor say "aye." Page 12 Hawaii County Council-12 May 21,2019 Vote on Res. 159-19: The motion to adopt Res. 159-19 and Finance Committee (Adopted) Report No. 36 was carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Resolution 159-19 is adopted. Res. 164-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KE KAI ALA FOUNDATION TO ASSIST WITH THE WAI`AHA ROOTS BODYBOARDING SURF CONTEST Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 271 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 164-19. Seconded by Ms. Eoff. CHR. CHUNG: Ms. Villegas. MS. VILLEGAS: Sure. I would just like to request the support from the rest of the members of this body. Wai`aha, sometimes known as Honls, on the Kona coast of the Big Island of Hawaii actually is the birth place of bodyboarding. Tom Morey lived there back when there was a little house on the beach before it was purchased and turned into a park. So, it's been happening for decades now. It's run by a grassroots, very small group of people that put it together. They get donations of food and water. It's a Zero Waste event. There's a tremendous number of keiki and adults who are not always served by some surf contests in more remote areas. So, being kind of downtown, we get a demographic of kids that often walk and ride their bikes and bodyboard or surf at Wai`aha. Really powerful events. Love the name "Roots." And would just love your support in transitioning some County funds for the first time to support this event. Thank you. Page 13 Hawaii County Council-12 May 21,2019 CHR. CHUNG: Terrific. Anyone else? If not, we have a motion and a second. All those in favor, say "aye." Vote on Res. 164-19: The motion to adopt Res. 164-19 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. Resolution 164-19 is adopted. Res. 165-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MAKU`U FARMERS ASSOCIATION FOR ITS "MALA HO`OULU `IKE"PROJECT 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. 272 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 165-19. Seconded by Mr. Richards. CHR. CHUNG: Discussion? Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I don't know about you, but whenever seeds are thrown into the ground and something grows—flowers, plants, food—I just think that's a really miraculous process. And so, I want to thank Aunty Paula and Tita Kekahuna of Maku`u Farmer's Market for hosting these free ag workshops that teach individuals how to be food sustainable and resilient. And that is something that we need to be better at as a community. So, I just ask my colleagues for their support on this important resolution. Thank you. I yield. CHR. CHUNG: Thank you. Any further discussion? There being none, all those in favor say "aye." Page 14 Hawaii County Council-12 May 21,2019 Vote on Res. 165-19: The motion to adopt Res. 165-19 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. 166-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BOYS TO MEN MENTORING NETWORK OF HAWAII, INC., TO ASSIST WITH FOOD EXPENSES FOR ITS "ADVENTURE WEEKEND" 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. 273 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 166-19. Seconded by Mr. Richards. CHR. CHUNG: Discussion? Ms. Kierkiewicz. MS. KIERKIEWICZ: Chair, we all heard the really moving testimony by Robert Golden earlier this morning about the importance of having strong men mentor boys to become strong men themselves. I'm really happy to be able to support their "Adventure Weekend," and I ask my colleagues to do the same. CHR. CHUNG: Any further—Mr. Richards. MR. RICHARDS: Thanks, Chair. I echo the support here, Ms. Kierkiewicz. Thank you so much. As I recall, we supported this GIA (Grant-In-Aid) when I sat on that—an excellent program. We need mentoring. I will support, and I yield. CHR. CHUNG: Anyone else? There being no further discussion, all those in favor say "aye." Page 15 Hawaii County Council-12 May 21,2019 Vote on Res. 166-19: The motion to adopt Res. 166-19 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. 167-19: 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 NORTH KOHALA COMMUNITY RESOURCE CENTER FOR THE 2019 KOHALA HIGH SCHOOL PROJECT GRAD NIGHT Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 274 Intr. by: Mr. Richards Motion to Approve: Mr. Richards moved to adopt Res. 167-19. Seconded by Ms. Lee Loy. CHR. CHUNG: Discussion? Mr. Richards. MR. RICHARDS: Thank you. We all are supporting different Grad Night programs throughout our County in our different districts. This does give me an opportunity to shout out for Mikayla Kekoa. I don't know if you saw it in the papers. She's in the Hawaii High School Association Hall of Fame for the sports in volleyball, softball, and basketball. She really rang some bells when it came to her softball pitching. So, shout out to her, but I ask for your support. CHR. CHUNG: Okay, anyone else? It has been quite a year for Kohala High School, though, yeah? Congratulations to them. No further discussion, all those in favor say "aye." Page 16 Hawaii County Council-12 May 21,2019 Vote on Res. 167-19: The motion to adopt Res. 167-19 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. Resolution 167-19 is adopted. Res. 168-19: 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 IN HAWAII COUNTY Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Hawaii Fire Department, Fire Prevention Other Current Expenses account. Reference: Comm. 275 Intr. by: Mr. Richards Motion to Approve: Mr. Richards moved to adopt Res. 168-19. Seconded by Ms. Lee Loy. CHR. CHUNG: Discussion? Mr. Richards. MR. RICHARDS: Thank you, Chair. Again, many of us have supported this. It's an opportunity to get the Fire Department into, typically, our kupuna-aged group and help them make sure they're living in a safe environment. I ask for your support. CHR. CHUNG: Any discussion? Okay, there being none, all those in favor say Ic aye. Page 17 Hawaii County Council-12 May 21,2019 Vote on Res. 168-19: The motion to adopt Res. 168-19 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. Resolution 168-19 is adopted. Res. 170-19: 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 HAWAII ARTIST COLLABORATION TO ASSIST WITH PURCHASING ART SUPPLIES AND MATERIALS FOR STUDENTS AT MOUNTAIN VIEW ELEMENTARY SCHOOL Transfers $750 from the Clerk-Council Services –Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 282 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 170-19. Seconded by Ms. Eoff CHR. CHUNG: Discussion? Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I ask for your support on this. This is a really neat program that Rebecca Villegas explained to me. It seems straightforward, but then as I read up on it, it actually—the school goes down to one of our local stores and then has, like, a spending spree in the store, gets all of their art goods for the school. Then, after going through that, then they can take the articles back to their school and do what they want to do with them. It coincides well with Mountain View Elementary having, like, an art program that they're starting. It's a school that needs a little bit of support. So, I really feel good about this contingency relief give for this school in particular. So, I ask for your support. CHR. CHUNG: Anyone else? Ms. Villegas. Page 18 Hawaii County Council-12 May 21,2019 MS. VILLEGAS: I'd like to compliment Mr. Kaneali`i-Kleinfelder on his consistent identification of opportunities and ways that he can support his community and identifying this as one of the ways and to taking such quick action to support the school systems there. It's just a joy to have an opportunity to work with such fresh faces on the Council and to support such great endeavors to promote creativity and artistic expression in our youth. I yield. CHR. CHUNG: Anyone else? Okay, we have a motion on the floor. All those in favor, say "aye." Vote on Res. 170-19: The motion to adopt Res. 170-19 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. Resolution 170-19 is adopted. Res. 171-19: 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 HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR ITS SENIOR FARMERS MARKET NUTRITION PROGRAM Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Office of Aging, Other Current Expenses account. Reference: Comm. 283 Intr. by: Mr. Richards Motion to Approve: Mr. Richards moved to adopt Res. 171-19. Seconded by Ms. David. CHR. CHUNG: Discussion, Mr. Richards. MR. RICHARDS: Again, this is something others have supported. This is allowing our, again, retiree kupuna group to have access to farmer's markets and support through a voucher program where they're able to purchase things from approved vendors. So, I ask for your support. Page 19 Hawaii County Council-12 May 21,2019 CHR. CHUNG: Anyone else? If not, we have a motion on the floor. All those in favor, signify by saying "aye." Vote on Res. 171-19: The motion to adopt Res. 171-19 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. Resolution 171-19 is adopted. Res. 172-19: 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 THE 2019 DARE DAY CELEBRATION EVENT IN WEST HAWAII Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Hawaii Police Department, Police Administration Division-Other Current Expenses account. Reference: Comm. 284 Intr. by: Mr. Richards Motion to Approve: Mr. Richards moved to adopt Res. 172-19. Seconded by Ms. Eoff. CHR. CHUNG: Discussion? Mr. Richards. MR. RICHARDS: Thank you. We're all familiar with D.A.R.E. (Drug Abuse Resistance Education), and other Council Members have supported this. As we're going through this, I'm thinking that this highlights the importance of the contingency funds that we as representatives from each district have our finger on the pulse of those districts and we're able to help out better. So, again, coming back to D.A.R.E., I ask for your support. CHR. CHUNG: Anyone else? We have a motion on the floor. All those in favor, say "aye." Page 20 Hawaii County Council-12 May 21,2019 Vote on Res. 172-19: The motion to adopt Res. 172-19 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. Resolution 172-19 is approved. Res. 173-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO TRIANGLE STRATEGIC AND FINANCIAL ADVISING FOR NOT-FOR-PROFITS, INC., TO ASSIST GIRLS TO WOMEN MENTORING HAWAII 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. 285 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 173-19. Seconded by Ms. Lee Loy. CHR. CHUNG: Discussion? Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I've benefited from a lifetime of mentorship from many women and men in the community. And this is, I think, my way of being able to pay it forward in supporting a group of strong women that are building up the next generation of fearless girls and women to really take on the world. So, I just ask my colleagues for their support. Thank you. CHR. CHUNG: Anyone else? We have a motion on the floor. All those in favor, say "aye." Page 21 Hawaii County Council-12 May 21,2019 Vote on Res. 173-19: The motion to adopt Res. 173-19 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. Resolution 173-19 is adopted. Res. 174-19: 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 DAUGHTERS OF HAWAII TO ASSIST WITH EXPENSES RELATED TO THE KAMEHAMEHA DAY PARADE AND HO`OLAULE`A IN KONA Transfers $500 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 286 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 174-19. Seconded by Ms. Kierkiewicz. CHR. CHUNG: Discussion? Ms. Villegas. MS. VILLEGAS: Sure. I think everyone that sits here on the dais recognizes the powerful impact that the Kamehameha Day Parade has on every one of the constituents on this island, from keiki to kupuna. It provides an opportunity for cultural celebration and just the beauty of what is continually created through the flora and the fauna and the different colors and the education that goes along with it. So, I just ask for your support for this project that is managed by the Daughters of Hawaii. Mahalo. CHR. CHUNG: Thank you. Anyone else? Ms. Villegas, you spoke of the impact of the Kamehameha Day Parade, but we're winding down to all of these contingency relief fund requests for the year, I think. I don't suspect we'll be having any more in June—we might be; some trickling in. But I would also say that these CRF (Contingency Relief Fund) funds really make an impact in our Page 22 Hawaii County Council-12 May 21,2019 community. I, for one, am hoping that we can beef it up somewhat during the course of our budget discussions. It really does. Okay. So, anyway, but I have to say it. No further discussion, all those in favor say "aye." Vote on Res. 174-19: The motion to adopt Res. 174-19 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. 182-19: APPROVES A NEW SLATE OF OFFICERS FOR THE NATIONAL ASSOCIATION OF COUNTIES BOARD OF DIRECTORS AND THE WESTERN INTERSTATE REGION BOARD OF DIRECTORS Requests the Council's approval to nominate Ikaika Anderson and KipuKai Kuali`i to the National Association of Counties Board of Directors and Herbert M. "Tim" Richards and Kelly T. King to the Western Interstate Region Board of Directors, all for terms beginning July 1, 2019. Reference: Comm. 298 Intr. by: Ms. Poindexter Waived: GREDC Motion to Approve: Ms. Poindexter moved to adopt Res. 182-19. Seconded by Ms. Kierkiewicz. CHR. CHUNG: Discussion? Ms. Poindexter. MS. POINDEXTER: So, Kauai County did not support the first proposed slate of officers. So, because not all the counties concurred, it goes back to the HSAC (Hawai`i State Association of Counties) Executive Committee to come up with a new slate. And it'll keep going until we can all agree on a slate. So, there's nothing in the bylaws that instruct us to do otherwise. I did speak with the Council Services in Honolulu at the time; they were at the meeting. They read that in the same way. I did reach out to our--oh, he's not here—Joe Kamelamela, and he gave me a written statement that I can share with all of you that basically says the same thing. Page 23 Hawaii County Council-12 May 21,2019 So, Council Member Kierkiewicz, when you get in on July, I think it's time to look at some amendments in the bylaws so that it wouldn't put us in this, you know, stall us in this position of putting officers in place. Because, if we don't have them in place, we just keep going until we find the slate and then we'll have no voting rights at the table. So, this is a new slate of officers proposed. I open it up to any questions or concerns you may have. CHR. CHUNG: Okay, any—Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. A question for Council Member Poindexter, if I may. Are you able to share why Kauai didn't agree with the original slate of officers proposed? MS. POINDEXTER: Yeah. So, what happened is, when we had the first slate of officers proposed and discussion at the executive level, the proposal from Kauai came for two slots. They came for WIR (Western Interstate Region) and the NACo (National Association of Counties) slot. Right? And our County went for a NACo slot so that—and what normally happens is there's four slots: two WIR, two NACo. So, you spread it between the four counties. Well, at that first meeting when we approved that slate, Ross Kagawa, who was the Executive Committee member, had to choose between the WIR or the NACo. But because I submitted a NACo slot, I guess out of courtesy and from what Riki had said about the good work that Council Member Chock was doing, Ross agreed to go ahead with it without checking with his Council or the Chair of Kauai County. So, when that went forward, we produced that slate. So, that's why Kauai came back and said, "We apologize but we didn't have the opportunity to come back and voice that. We didn't know. If we knew that was going to happen, we would have asked Ross to call them or talk about having maybe a delay in it or something to make some type of an amendment." But anyway, so it turned out to be that way. They wanted to keep their NACo slot because we had the WIR all this time. I called Tim and put him on conference call so that he could participate in that portion of the discussion, and he felt that because he sits on an appointed committee that it would be a benefit to him to be on the NACo as well. So, he made a good point. The bottom line is we didn't haveKauai is not going to concur with that. So, we had to come up with a new slate. So, that's why this slate is before us. MS. KIERKIEWICZ: Thanks for the backstory. And so, I'm seeing that there is representation from each of the counties for these various boards. And I think it's very interesting that the Chair of the Maui Council, who is the incoming president of HSAC, is also going to have a seat on the WIR Board of Directors. Page 24 Hawaii County Council-12 May 21,2019 MS. POINDEXTER: And that was up to their Council, yeah, to push. It's like up to our Council who we want to put forward as well. MS. KIERKIEWICZ: I yield. CHR. CHUNG: Mr. Richards. MR. RICHARDS: Thank you, Chair. Just to add a little bit to that, the idea is to move HSAC forward so it does not get hung up in the weeds. And to Ms. Kierkiewicz's question, going forward, one of the things that we did talk about while I was on that conference call was to have a scheduled rotation of the board seats between WIR and NACo, and that's something I would offer as a suggestion going forward. I yield. Oh, I do support this slate, by the way. MS. POINDEXTER: Chair? CHR. CHUNG: Yes? MS. POINDEXTER: I'd just say, so when Council Member Richards just stated "something going forward,"that would be a suggested, maybe, amendment to the bylaws for Ms. Kierkiewicz to bring up when she gets in. Thank you. CHR. CHUNG: Okay. Any further discussion? There being none, all those in favor say "aye." Vote on Res. 182-19: The motion to adopt Res. 182-19 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. Let's go on to `Bills for Ordinances, First Reading." MS. LEE LOY: Chair? CHR. CHUNG: Oh, yes, I'm sorry. MS. LEE LOY: Since we have the highest paid engineer in the room right now Page 25 Hawaii County Council-12 May 21,2019 CHR. CHUNG: Oh, I didn't see him there. I'm sorry. MS. LEE LOY: It would be ideal if we took Bills 69, 72, and 73. CHR. CHUNG: You'd better at least fill him in on that inside joke because he wasn't here earlier. MS. POINDEXTER: Chair, before we do that, I forgot to do a five-day—the waive for the five-day holdover because time is of the essence to get this onto our executive meeting, on our next meeting. So, can I make a motion? CHR. CHUNG: Yes. Vote on Motion to Ms. Poindexter moved to suspend Council Rule 15 to Suspend Council waive the 5-day hold for reconsideration. Seconded by Rules: Mr. Richards and carried by the following voice vote: (Approved) Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung–9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Okay, so, David, what are you here for? MS. LEE LOY: 69, 72, and 73. CHR. CHUNG: 69? MS. LEE LOY: (Inaudible.) CHR. CHUNG: Okay. Let's go onto that, then. Page 26 Hawaii County Council-12 May 21,2019 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: Bill 69: 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 Puainako Street Extension (State)project for $630,000 to the Capital Budget. Funds for this project shall be provided from State Grants Receivable. Funds would be used for the County's portion of a settlement agreement regarding the purchase of land for the Puainako Street Extension Project. Reference: Comm. 259 Intr. by: Ms. David (B/R) First Reading: May 8, 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 69: Ms. David moved to pass Bill 69 on second and final (Adopted) reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Vote on Motion to Ms. David moved to suspend Council Rule 15 to waive the Suspend Council 5-day hold for reconsideration. Seconded by Ms. Lee Loy Rules: and carried by the following voice vote: (Approved) Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Page 27 Hawaii County Council-12 May 21,2019 CHR. CHUNG: Motion carried. Okay, let's go on to Bill 72 and then to be followed by 73. Bill 72: 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 Establishes the following program appropriations to the Capital Budget: Roadway Projects ($138,519.11), Bridge Inspection/Repair ($96,963.37), and Local Road Projects ($235,482.49), for a total of$470,964.97. Funds for these appropriations shall be provided from fuel tax revenue in excess of what was projected in Ordinance 17-4. Reference: Comm. 290 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 72 on first reading. Seconded by Ms. Lee Loy. CHR. CHUNG: Discussion? MS. DAVID: Thank you. Director, could you please come up? We understand your department requested a waiver, and if you could explain the urgency and the waiver request, please. Thank you. (Note: At this time, Public Works Director David Yamamoto came forward to address the members of the Council.) MR. YAMAMOTO: I'm David Yamamoto for Building, Director of Public Works, sorry. Good morning, Council. These are some of the, like, bridge repairs. This is in response to our requirement to inspect these bridges. Many of them need repairs. Like we're working on this Pauahi Street Bridge right now; that is, basically, a steel-framed bridge that is deteriorated and needs to be replaced. I'm not exactly sure, to be honest, why we waivered Committee. I would have to go back and find out the reason. Sorry, I didn't have a chance to speak with the persons that put this thing together and waived it through Committee. MS. DAVID: Thank you. I think, normally when departments ask for a waiver, there is some sort of time constraint that they're working under. Given that this is a budget period, I would tend to guess that. Page 28 Hawaii County Council-12 May 21,2019 MR. YAMAMOTO: Yeah, I'm sure there is, and I'm sorry I didn't take the time to find out that reason. MS. DAVID: So, besides bridge projects, Director, it says local roads, etcetera. Are those road projects that are already—which road projects are these? MR. YAMAMOTO: I believe, like, Saddle Road. It might have gone over budget, and we already completed that road, the resurfacing. MS. DAVID: Okay. And these are other roads, also, besides Saddle? It's for bridges and the other roads besides Saddle, I mean? MR. YAMAMOTO: I think the local roads, those could be associated with the Puainako Extension buyout, which would be former Bill 69. We actually got the State check portion. And that $630 is for that purpose, to receive the check from the State to be able to transfer it over to the purchase of the property for that. The Puainako Extension went through. MS. DAVID: Okay. So, they're (inaudible) to me, then, the urgency for a waiver if you folks have to do the transfer. Okay, great. Thank you very much. I yield. MS. LEE LOY: Chair? CHR. CHUNG: Yes, Ms. Lee Loy. MS. LEE LOY: Yeah, Ms. David, and to help you with that, there's an attached Exhibit A to Bill 72, which identifies all the various roadway improvement projects, the inspection projects, and then identifies other local roadway improvements by percentage per district. Thank you, Chair, I yield. CHR. CHUNG: Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Aloha, Director. Nice to see you. MR. YAMAMOTO: Good morning. MS. KIERKIEWICZ: I was just curious if you could remind me how we prioritize the road improvement projects for the various districts. I see that Puna is likely to receive about 21 percent of the total monies for local road improvements. And so, I just wondered how you identify and prioritize projects for the various districts. MR. YAMAMOTO: Well, the distribution of funds is based on the road miles in each district. Currently, the way they prioritize the projects is via their inspections of the various roads. So, the overseers in the particular district who Page 29 Hawaii County Council-12 May 21,2019 are familiar with the roads would identify the roads that appear to require the work to prevent further damage and/or for safety reasons. That's how we do it. Not currently, but starting here soon, we're going to start getting the data from the Mandli project, which will prioritize all the roads in every district based on the more objective grading of the road as well as the cost benefit to do which roads first and stuff like that. So, we'll have a more objective and more looking at how much money you have and using a cost-benefit analysis to identify which roads we should do and what type of maintenance we should do on them. MS. KIERKIEWICZ: That's great. I'm glad it's going to be really objective and data driven and I wonder, once the assessment is complete, if it's possible for my colleagues and I to get a copy of that list that prioritizes the work that needs to happen. MR. YAMAMOTO: Absolutely. MS. KIERKIEWICZ: Okay. And one other question, I mean, we have this influx of cash, it seems, from the fuel taxes and the GET (General Excise Tax) increase. And so, I wonder if this represents an opportunity to contract a lot of work out into the private sector to get some roadwork done around the island. MR. YAMAMOTO: Correct. We are looking at price-term agreements for striping as well as also streetlight replacements. And we can begin looking at the pavement portion of it and/or until we can get our own equipment. The other pavement restoration, whether it be cracked seals, slurry seals, that can get basically put on a price term. MS. KIERKIEWICZ: That's great to know. I think our Highways guys and ladies do an excellent job maintaining roads. And I urge you, and I know you already know this, to just consider using private sector where it makes sense because I think there's a lot of ground to cover on the Big Island. Thank you, Chair, I yield. CHR. CHUNG: Ms. Villegas. MS. VILLEGAS: Aloha, Mr. Yamamoto. MR. YAMAMOTO: Good morning. MS. VILLEGAS: Thanks for being here today. A quick question for you. So, is this funding, when it talks about road improvements and repairs, I heard you mention "streetlights." So, I wondered is this just in repaving or does this take into consideration updating and improving the way that our streetlights currently work? Page 30 Hawaii County Council-12 May 21,2019 MR. YAMAMOTO: This particular bill might not necessarily be addressing that particular item. But in general, that is what the department is looking at, is to replace the failing streetlights out in the field right now. We estimate we have about 2,000 streetlights we have to replace. MS. VILLEGAS: Wow. Does that take into consideration the technology that's coordinating the way that the streetlights communicate and connect to one another? MR. YAMAMOTO: We're doing a pilot project on what they call "smart streetlights"where they can dim or even turn off And when they sense someone approaching, it'll turn on or get brighter. It also tells you when it fails, when the streetlight fails. MS. VILLEGAS: Okay. And then, when we talk about, like, four-way stops, what would be the most accurate terminology for, like, your green, yellow, and red lights? Is that a streetlight or is that considered a, what do you call that? MR. YAMAMOTO: Four-way stops? MS. VILLEGAS: Yeah, like a four-way stop streetlight so that traffic—what I'm trying to get at is it's become my understanding that we're currently utilizing a coordinated streetlight technology for all of our intersections but that there is a new technology, or maybe not the most cutting edge, but adaptive technology allows for, because we have so much digital technologies available that don't have to have the cords connecting them, but the potential. Kona is having so many challenges with traffic. And it seems that some of that pertains to the lack of communication between our streetlights. And so, I'm just hoping that, as some of these resources are allocated to improvements, that we take a look at the potential for adaptive technologies and kind of getting us up to speed in what is available in other parts of the State or the country. MR. YAMAMOTO: I know we are working on improving our traffic control center, which will have control over the streetlights and being able to program them up, and by doing that hopefully in conjunction with the State DOT (Department of Transportation), being that they will be taking over their streetlights and/or street signal lights. And so, we want to be able to coordinate our lights with their lights. MS. VILLEGAS: Right, thank you. Outside of the challenges of the chronic homeless in District 7, what I hear many times a day from the constituents is that traffic is a really big issue. We're kind of in the season when the snowbirds have flown home, so it's not quite as bad. And in the summer, school's out but traffic is really one of the predominant issues that I'm hearing being spoken about in Kona. Page 31 Hawaii County Council-12 May 21,2019 And as we all know, building new roads can take much longer than we'd like them to and expanding our roadways. So, I'm hoping, while I'm not an engineer and I definitely would leave it to you for those kinds of technologies, I'm hopeful that transitioning to a more connected technology with our streetlights allows for some algorithms to work. `Cause, I feel like there's got to be communities in the country that have fewer roads and maybe even more traffic. But to provide some synchronicity in the way they all flow together, if there's technologies for that, I just would really like to encourage that some of our funding be focused in those directions. Thank you, I yield. CHR. CHUNG: Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. Ms. Villegas is right. The engineering terms are very confusing. So, I just wanted to clarify. There's streetlights and then the signal lights. So, I understand what you're asking about the four-way stop as a signal light. And what Mr. Yamamoto is talking about is synching the signal light so that traffic flows in a very consistent pattern. We call it "green light corridors," is what they're called. So,just to help you with that and in asking the questions. There's the streetlights, which is what some of the monies are for, and then the signalized lights. I know the language is confusing. So, thank you, Chair, I yield. CHR. CHUNG: Okay. Anyone else? There being no further discussion, all those in favor say "aye." Vote on Bill 72: The motion to pass Bill 72 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. Bill 72 moves on to second and final reading. Page 32 Hawaii County Council-12 May 21,2019 Bill 73: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Increases revenues in the Fund Balance From Previous Year—Reserved account ($344,823.16); and appropriates the same to the Transfer to Capital Projects Fund—Highway account. These fiscal year 2017-2018 excess fuel tax revenues would be expended by the Department of Public Works on County roadway projects. Reference: Comm. 291 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 73 on first reading. Seconded by Ms. Eoff CHR. CHUNG: Discussion? Ms. David. MS. DAVID: Thank you. This is also another item that a waiver was requested, Director, and just a brief overview of that would be helpful. (Note: At this time, Public Works Director David Yamamoto came forward to address the members of the Council.) MR. YAMAMOTO: Yes, sorry again. I didn't go back and read the communication that was made with this and the reasoning for the waiver. MS. DAVID: Okay. Just for the record, that's why I just wanted to make a note that I think it's requested so that it can be effective before the end of our fiscal. So, that's usually what happens. So, thank you. MR. YAMAMOTO: I do know that the Highway Fund, though, in as far as highways, they had encountered some shortfalls in the tree trimming section where they weren't able to requisition some tree trimming because of the budget shortfall there. And there were discussions of transferring money from the Fund Balance to go and cover the shortfall. MS. DAVID: Okay, all right. Thank you. Chair, I yield. CHR. CHUNG: Any further discussion? There being none, all those in favor say Ic aye. Page 33 Hawaii County Council-12 May 21,2019 Vote on Bill 73: The motion to pass Bill 73 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. Bill 73 moves on to second and final reading. MR. YAMAMOTO: Sorry again that I didn't read the CHR. CHUNG: Don't worry about it. MR. YAMAMOTO: Next time, I'll be more prepared. MR. HENRICKS: Back to Bill 63, Mr. Chair? CHR. CHUNG: Yes. Return to Order The Chair directed the Council to return to the order of business. of Business: BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order.) Bill 63: AMENDS CHAPTER 2, ARTICLE 25, SECTION 2-139 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE PROCEDURE FOR AWARDING GRANTS TO NONPROFIT ORGANIZATIONS Proposes a $500,000 increase to the appropriation for grants-in-aid awarded annually in the County's operating budget. Reference: Comm. 234 Intr. by: Ms. Lee Loy Approve: FC-37 Motion to Approve: Ms. Lee Loy moved to pass Bill 63 on first reading and adopt Finance Committee Report No. 37. Seconded by Ms. Kierkiewicz. Page 34 Hawaii County Council-12 May 21,2019 CHR. CHUNG: Ms. Lee Loy, discussion. MS. LEE LOY: Thank you, Chair. In the words of our former Mayor Billy Kenoi, he said, "Sue, sometimes you've just got to swing for the fence." So, I have prepared Communication 234.1 to amend the contents. Motion to Amend: Ms. Lee Loy moved to amend Bill 63 with the contents of Comm. 234.1. Seconded by Ms. Poindexter. CHR. CHUNG: Where's the amendment? MS. LEE LOY: I'll describe the amendment. We talked about this at our Committee meeting. We're going from CHR. CHUNG: Where's the amendment? Do we have the amendment? MS. LEE LOY: Okay, I'll wait. CHR. CHUNG: Why don't we table this, and we'll move on. MS. LEE LOY: Yes. Vote on Motion to Ms. Lee Loy moved to table Bill 63. Seconded by Table: Ms. Eoff and carried by the following voice vote: (Approved) 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. Okay, Bill 64. Bill 64: AMENDS CHAPTER 24, ARTICLE 2, SECTION 24-12 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO VEHICLES AND TRAFFIC Amends "Aliyah's Law"by adding that vehicles with window glazing that is not in compliance with State law and that are parked or operating on public highways may be cited and removed at the registered owner's expense. Reference: Comm. 247 Intr. by: Ms. Lee Loy Approve: PWMTC-10 Page 35 Hawaii County Council-12 May 21,2019 Motion to Approve: Ms. Lee Loy moved to pass Bill 64 on first reading and adopt Public Works and Mass Transit Committee Report No. 10. Seconded by Ms. Poindexter. CHR. CHUNG: Discussion? Ms. Lee Loy. MS. LEE LOY: We discussed this in Committee. It was requested by the Prosecuting Attorney's Office, and it just gives the Police Department another tool in their tool belt. I yield. CHR. CHUNG: Okay, anyone else? Yes, Ms. Villegas. MS. VILLEGAS: I received an email, and there was something in the binder from a constituent that had some concerns. And so, I guess I'd like to ask for further clarification as to whether or not this allows for the Police Department to confiscate the car at the time of citation. Or maybe that's something Mr. Kamelamela could answer. I'm not sure exactly who to pose the question to, but I have some concerns if it does mean immediate confiscation, as taking somebody's car can really impede their ability to get to work, to get their kids to school, to whatnot. And while the safety issue I firmly agree with, in the how your windows are tinted, sometimes when you buy a car it has that and you're not aware until you go to get your new safety inspection as some of our County Council Members have discovered. CHR. CHUNG: So, your question is whether you can have the car towed upon the issuance of a citation? MS. VILLEGAS: Yes. Or confiscated. CHR. CHUNG: Maybe Mr. Kamelamela might have a different opinion but it appears that, that's the reading of this ordinance, the bill. I don't think we need an interpretation on that. It's very clear. MS. VILLEGAS: Okay. Then, I suppose I want to express my reservations because my understanding in our conversations in a prior meeting was that it incorporated a ticket. And I apologize for not having read that part as specifically as I should have. And for that, I don't think that isI think the punishment outweighs the potential crime in this capacity. So, that's my personal opinion. CHR. CHUNG: Joe, did you want to talk? It says here, "Any police officer citing or arresting any driver for the following traffic violations may have the motor vehicle towed." (Note: At this time, Corporation Counsel Joseph Kamelamela came forward to address the members of the Council.) Page 36 Hawaii County Council-12 May 21,2019 MR. KAMELAMELA: Joseph Kamelamela, Corporation Counsel. Yeah, so, I do have a comment. So, "may" is discretionary. And then, you see this in many situations with police because sometimes they would just give the violation and then it's kind of dependent on what the circumstances are. Because, sometimes some of these people actually leave their car at a place for a long time. And so, once in a while you have situations where if it's left there for a long time, people want to tow. So, it depends on what's happening. So, it's a"may." It's not mandatory. CHR. CHUNG: But it could happen. MR. KAMELAMELA: But it could happen. CHR. CHUNG: Right. Okay, that's all. Okay. MR. KAMELAMELA: Yeah. MS. POINDEXTER: Can I ask him a question? CHR. CHUNG: Yeah. MS. POINDEXTER: So, I could get stopped, I mean, it was like Council Member Eoff just had to take off her tinting; didn't realize it was going to be illegal. But say she had a safety check and it wasn't going to be done for another year, right, the safety check. She gets stopped by a police officer. She gets stopped by somebody that maybe doesn't like her, and they have the option to just say, "I'm going to confiscate your car. We're going to have it towed." Right? Or any reason. MR. KAMELAMELA: Well, they have that option, but I think, you know, most of the officers that I know MS. POINDEXTER: Most. MR. KAMELAMELA: Yeah, most. MS. POINDEXTER: You used the word"most." MR. KAMELAMELA: Not all because there's maybe one or two that may MS. POINDEXTER: May confiscate it. MR. KAMELAMELA: Yeah, but MS. POINDEXTER: Right, so Page 37 Hawaii County Council-12 May 21,2019 MR. KAMELAMELA: The likelihood of that happening is very small. MS. POINDEXTER: Yeah, but there's still that likelihood. So, thank you for pointing that out, too, because I did get to some, I guess maybe we all got some emails but that is of concern. I'm hoping thatI don't know how that would be amended. So, at this point, I don't know how I'm going to vote on this because that is of great concern to me because somebody could just do it to do it. MR. KAMELAMELA: Yeah, but my experience with the officers that I deal with, they would check with their supervisor who has more experience in these areas. MS. POINDEXTER: So, we would have to trust that, that would happen. I mean, we would have to trust that it would not get—but I wouldn't leave it to chance. But anyway, that's just my opinion. Thank you. I'll yield at this time. CHR. CHUNG: Let's put it this way. That discretion lies with the Police Department in every single situation. MR. KAMELAMELA: Right. CHR. CHUNG: I mean, not specifically as it relates to this issue, but whether they want to arrest someone or not really lies within their discretion. But, Ms. Lee Loy, actually Ms. Poindexter brought up an interesting point about the effective dates of all of these safety checks. Right? Something might have been legal and then, all of a sudden, it's not. That's something you might want to take a look at before it gets to second and final reading. `Cause the effective date is upon its approval. You might want to consider putting something in there that addresses that issue `cause it is a valid issue I think. MS. POINDEXTER: So, can I just say one more thing to piggyback on that? CHR. CHUNG: Yeah. MS. POINDEXTER: Yeah, and then I would consider voting for it. Because, that would give everyone, including me, a chance to go check if mines are legally tinted because I don't want to be stopped and get my vehicle towed. So, thank you. CHR. CHUNG: Ms. Villegas, yes. MS. VILLEGAS: Just as another question, is there an opportunity—`cause I see that this is put, while we all talked about it and we firmly agreed that there is need for a little bit of meat in the "your windows are tinted too dark"parameters, especially here on the Big Island where sometimes you can't see in the front Page 38 Hawaii County Council-12 May 21,2019 window either, that it be added into a section that doesn't pertain so much to towing the vehicle at the owner's expense but be added in to somewhere as a means for a citation of a certain dollar amount or whatnot. And mind you, I'm new to all these legal parameters, however to me that would feel a little more comfortable, kind of like a seatbelt law kind of thing where you then get the ticket for that specific infraction as opposed to losing your vehicle. CHR. CHUNG: That's something she can take into consideration. Okay, all right. MS. VILLEGAS: Thank you, Sue. I appreciate all the work that you've done on this, and really working on our tool belt. I like it. CHR. CHUNG: We have a motion on the floor. All those in favor, signify by saying "aye." Vote on Bill 64: The motion to pass Bill 64 on first reading and adopt Public (Approved) Works and Mass Transit Committee Report No. 10 was carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Chair Chung—8. Noes: Council Member Poindexter— 1. Absent: None. Excused: None. CHR. CHUNG: Motion is carried. MR. HENRICKS: Did you want to take off the table since we have the communication or move forward and ? CHR. CHUNG: Do we have it? MR. HENRICKS: I believe it was delivered. CHR. CHUNG: Well, why don't we just motor through the rest. MR. HENRICKS: Okay. Very good. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): (Note: Items in this category were taken up previously, out of order.) Page 39 Hawaii County Council-12 May 21,2019 Bill 57: ADOPTS A PAY PLAN FOR PERSONS EMPLOYED BY THE COUNTY OTHER THAN THOSE WHOSE PAY IS OTHERWISE PROVIDED FOR, DESIGNATES PAYROLL PERIODS, PAY DAYS, PRESCRIBES REQUIREMENTS WITH RESPECT TO OFFICIAL FIDELITY BONDS, AND REPEALS ORDINANCE NO. 18-53 AND ALL AMENDMENTS THERETO, SAID ORDINANCE TO BE KNOWN AS THE SALARY ORDINANCE OF 2019 Establishes rates of compensation for appointed employees in the Legislative Branch and the Office of Housing and Community Development, the County Physician, and Student Helpers and Senior Community Services Aids for various County agencies. Reference: Comm. 223 Intr. by: Ms. David (B/R) First Reading: May 8, 2019 Vote on Bill 57: Ms. David moved to pass Bill 57 on second and final (Adopted) reading. Seconded by Ms. Poindexter and carried by 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: Motion carried. Bill 58: 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 —Hawai`i Island Tourism Strategic Plan account ($35,000); and appropriates the same to the Hawaii Island Tourism Strategic Plan—State account. Funds would be used to increase communication, interaction and understanding between industry stakeholders, residents and the visitor industry. Reference: Comm. 224 Intr. by: Ms. David (B/R) First Reading: May 8, 2019 Page 40 Hawaii County Council-12 May 21,2019 Vote on Bill 58: Ms. David moved to pass Bill 58 on second and final (Adopted) reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, and Chair Chung—8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. CHR. CHUNG: Motion carried. Bill 65: 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 following Parks and Recreation Administration accounts: Salaries and Wages ($15,000) and Other Current Expenses ($165,000), for a total of$180,000; and appropriates to the Transfer to Golf Course Fund account. Funds would be used by the Golf Course to mitigate a forecasted shortfall in revenue and higher than anticipated salary expenditures. Reference: Comm. 255 Intr. by: Ms. David (B/R) First Reading: May 8, 2019 Vote on Bill 65: Ms. David moved to pass Bill 65 on second and final (Adopted) reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, and Chair Chung—8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. CHR. CHUNG: Motion carried. Page 41 Hawaii County Council-12 May 21,2019 Bill 66: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING (Draft 2) BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Appropriates revenues in the Transfer from General Fund account ($180,000); and reduces revenues in the following accounts: Fund Balance from Previous Year ($41,969) and Green Fees ($123,031); and appropriates $15,000 to the Golf Course Salaries and Wages account. Funds would be used toward higher than anticipated salary expenses. Reference: Comm. 256.2 Intr. by: Ms. David (B/R) First Reading: May 8, 2019 Vote on Bill 66: Ms. David moved to pass Bill 66, Draft 2, on second and Draft 2 final reading. Seconded by Mr. Richards and carried by the (Adopted) 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: Motion carried. Bill 67: 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-Federal Emergency Management Agency (FEMA) Pre-Disaster Mitigation Program account ($75,000); and appropriates the same to the FEMA Pre-Disaster Mitigation Program account. Funds would be used by the Department of Research and Development to identify climate change impacts and develop mitigation measures, action priorities, and an implementation plan. Reference: Comm. 257 Intr. by: Ms. David (B/R) First Reading: May 8, 2019 Page 42 Hawaii County Council-12 May 21,2019 Vote on Bill 67: Ms. David moved to pass Bill 67 on second and final (Adopted) reading. Seconded by Mr. Kaneali`i-Kleinfelder and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Vote on Motion to Ms. David moved to suspend Council Rule 15 to waive the Suspend Council 5-day hold for reconsideration. Seconded by Mr. Richards Rules: and carried by the following voice vote: (Approved) Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Bill 68: 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 —Department of Health (DOH) Complete Streets account ($45,000); and appropriates the same to the DOH Complete Streets —Federal account. Funds would be used by the Planning Department to allow staff to attend Complete Streets training. Reference: Comm. 258 Intr. by: Ms. David (B/R) First Reading: May 8, 2019 Page 43 Hawaii County Council-12 May 21,2019 Vote on Bill 68: Ms. David moved to pass Bill 68 on second and final (Adopted) reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (Note: Items in this category were taken up previously, out of order.) FC-33 NOMINATION OF GUILLERMA GALDONES SUMERA TO THE PENSION (Comm. 262): BOARD Requires Council Confirmation by: June 1, 2019 (Section 13-4(1), Hawaii County Charter) Vote on FC-33: Ms. Eoff moved to adopt Finance Committee Report (Adopted) No. 33. 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. FC-34 NOMINATION OF BENSON PHILIP MEDINA TO THE SALARY (Comm. 263): COMMISSION Requires Council Confirmation by: June 1, 2019 (Section 13-4(1), Hawaii County Charter) Page 44 Hawaii County Council-12 May 21,2019 Vote on FC-34: Ms. David moved to adopt Finance Committee Report (Adopted) No. 34. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. PWMTC-7 NOMINATION OF ANDRES AUGUSTINE BACLIG, JR. TO THE (Comm. 264): TRANSPORTATION COMMISSION Vote on PWMTC-7: Ms. Eoff moved to adopt Public Works and Mass Transit (Adopted) Committee Report No. 7. Seconded by Ms. David 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. Okay, let's go back to Bill 63. 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: CHR. CHUNG: Can I have a motion to take that off the table? Page 45 Hawaii County Council-12 May 21,2019 Vote on Motion to Ms. Lee Loy moved to remove Bill 63 from the table. Remove from Table: Seconded by Mr. Richards and carried by the following (Approved) voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Okay, go back to Bill 63. MS. LEE LOY: Clerk, correct me if I'm wrong, we're on Bill 63 with the motion to amend with the contents of Communication 234.1. MR. HENRICKS: That is correct. We have a motion on the floor to amend with 234.1. MS. LEE LOY: Thank you, Chair. At our Committee meeting, Bill 63 was to, basically, set our nonprofit grant-in-aid committees to the 1.5, which we've done for the last 12 years. In our Code, it says $1 million but the Administration, over the last 12 years, has always given 1.5. During that conversation, I kind of put it out there. We saw how much ask and need was out in the community, and Ms. Villegas hit the nail on the head when this particular ask was upwards of $4 million. And so, as I mentioned earlier, former Mayor Billy Kenoi said, "Sue, sometimes you've just got to swing for the fence." So, what this communication does is it actually takes it up to $2.5 million, which is still half of what we were requested of just in this grant cycle. Again, it would take effect in the 2021 cycle and would impact the non-profit applications going into that fiscal year. I believe it does provide some assurances where the Administration can plan for it. We're looking at a$583-million budget this year. This is something that has not been touched for over 12 years. And as I mentioned in Committee, these non-profit grant-in-aids help the most vulnerable of our community, but it was also shared by Ms. Eoff and even Ms. David and Ms. Villegas that they end up saving some money in the long run. So, with that, I am hoping I can get the rest of my colleagues' support to demonstrate to these non-profits that we are really trying to help. And I think our budget can handle a million more dollars to these non-profits that serve the most vulnerable in our community. I yield. MS. POINDEXTER: ChairI'm sorry. Page 46 Hawaii County Council-12 May 21,2019 CHR. CHUNG: Ms. Poindexter. MS. POINDEXTER: I just wanted to agree. I'm supporting this because it's been 12 years, and the cost of doing services for this island has increased and we have not made that increase. You look at the Special Olympics, for example. They come in. It's our special needs kids. We don't have a parks and recreation. We don't have activities for them at those facilities to participate in. So, you have an outside agency like Special Olympics that comes in and takes care of that population. We save a lot of money, we doindeed, a lot of money—with having these agencies out here taking care of some of the things that we should be taking care of. So, I agree with this, and I'm supporting it. So, I yield at this time. CHR. CHUNG: Ms. Eoff. MS. EOFF: Thank you, Mr. Chair. I'd also like to support this increase. Since 2004, when I worked as a staff person in the County Council, I actually staffed the ad hoc committee every year, I think, and served on it every year until last year. It's always so painful to have to cut back on the amount that we're able to fund organizations that are doing great work. Although we've been helpful, I think our help can be more meaningful if we can fund in a little bit more of a realistic capacity for these organizations. So, I'd like to try and make this work. I know bills are living, breathing documents. I don't think there's any harm in sending this forth at this point in time. At a later date if something changes, we can take another look. But I think, given the yearly increase in the need and the ask and the cost of doing business, that this is a reasonable Code change. So, mahalo, Ms. Lee Loy. CHR. CHUNG: Mr. Richards. MR. RICHARDS: Thank you, Chair. I, too, right off the bat, support this. It's set on grant-in-aid, and I think, not this past year but previous year, I remember Councilwoman David was closer to a $6-million request. So, even more of a reason. And springboarding off of what Councilwoman Poindexter said, the amount of money that this saves by seeking this synergy between the organizations and—Val, I would say that we are taking care of it when we do this through this program because I think this connects us better. And we know better `cause we're a little bit closer to the communities, and that's what this grant-in-aid program brings. So, I think we are doing it, and I fully support this. I think it's, again, one of those aha moments, and we keep focusing on what we have but, wait a second, we can make it better. So, this is an effort to make it better. I wholeheartedly support it, and I also ask for everybody's support. I yield. CHR. CHUNG: Ms. Villegas. Page 47 Hawaii County Council-12 May 21,2019 MS. VILLEGAS: Likewise. Huge gratitude. Thanks for swinging, Sue. If you're swinging, I'll be ducking; I don't want to be that fence. Thanks for going big on this one. I appreciate it. I also agree with the—what I see is the truth in the matter here is that providing resources to the organizations that we often rely on to collaborate with for issues like childcare or chronic homelessness or just a lot of the different issues that we're facing as a County provides us this opportunity to show that support. It also provides an opportunity to create a new paradigm of government giving back, and I think it's greatly appreciated by constituents and taxpayers. I would also like to see the program expanded a little bit in the capacity of more people knowing about it. There are a number of organizations who are very savvy to the program, and there are so many that aren't. And so, I think, with the generosity of heart with our County and the resources and the percentages we talked about and what a minute amount of money this is in comparison to our overall spending, hopefully by 2021 our income from all the different sources for our County will allow for the spend to be the 2.5 million. I just want to thank you for putting this forward and for everyone that has participated in that ad hoc committee and has that heart for our community and for contributing to taking care of and benefiting the lives of those that are most vulnerable. I yield. CHR. CHUNG: Ms. David. MS. DAVID: Thank you, Chair. First of all, Ms. Lee Loy, I think you've done what everyone that sat on this ad hoc committee has been thinking about. I think your timing is excellent in bringing it forward right now. And I'm sure that this is going to be successful because of, like I said, the timing and people support this effort. I won't repeat what everyone else said, but I really support the non-profit grant program because the organizations that provide these services are the ones that are on the ground and they touch our community firsthand. And I thank all of them. So, you're giving us an opportunity to do more, and I appreciate that and I'll support this. Thank you very much. CHR. CHUNG: Matt. MR. KANEALI`I-KLEINFELDER: I do fully support this. Great job. I just have a question. If we can incorporate somehow into this, getting some of those outcomes from what we've given to agencies before and the paperwork that we received. `Cause, I think, as we've talked about it, we noticed that what they're wanting, what they're needing is clear but what they've done with previous funds was not. And as we get ready to give more, I'd like to see a little bit more on the applicants' side so we can make better decisions. Page 48 Hawaii County Council-12 May 21,2019 And then my other question, too, is this year we had 1.5 million. We spent a lot of time designating that 1.5 million. But there was this threat that it could actually be 1 million, which takes us right back to the drawing board, and I know that's happened in previous years. So, I guess, for me, how do we make sure we get that 2.5? `Cause if it's been changed in the past—and it was 1.5 million, unless I'm missing somethingI want to ensure that we actually get that 2.5 so we don't have to do double work. MS. LEE LOY: Chair, if I may? CHR. CHUNG: Yeah, briefly. MS. LEE LOY: Mr. Kaneali`i-Kleinfelder, if you vote for this amendment, it's a guaranty it's going to be 2.5. And that's what this piece of legislation does. To walk back to your first question, I actually have staff looking at amending the application that goes out to the non-profit awardees. So, what we want to do is, they have that form that they already filled out, but what we're working on is adding an addendum or a supplemental application form which actually asks those questions, which are "What are your deliverables, what are your measurables, what are your outputs and outcomes?" So, I am working to help the non-profits really demonstrate back what this money does for them but, more importantly, and you saw this in the non-profit grant-in- aid committee, some of them actually are asking for similar programs, like childcare. And so, how do we, as a non-profit grant-in-aid committee, as Mr. Richards said, create those synergies, right, whether it's transportation? We want to be giving money so that everybody's providing transportation to childcare, to afterschool care, to our kupunas. So, as a committee, what I hope to do is 1) look at those measurable outcomes, but also how we can begin to partner those non-profit requesters where, if they have an afterschool program and somebody else is providing transportation, how do we put them together so that our money goes even further. So, thank you for those questions, and thank you to the rest of my colleagues. I yield. CHR. CHUNG: Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I just want to commend my colleague Ms. Lee Loy. Thank you. I haven't had the pleasure of serving on the GIA Ad Hoc Committee yet. I hope to in, maybe, next year and other Council terms, but thanks for recognizing the need and for putting all these pieces together and looking for those performance-based outcomes-based sort of measurables. That way, we can really connect the dots and leverage our money to make it go further. I'm really hoping that in the future we can double this to $5 million. Because Page 49 Hawaii County Council-12 May 21,2019 when you think about the fact that our budget is nearing the $600-million mark, it is a drop in the bucket, really, in the kind of impact that it makes in building a stronger community. So, thank you. I'm going to be supporting this 100 percent. CHR. CHUNG: Anyone else? Okay, we have a motion on the floor. All those in—wait. Is this a motion to amend? Okay, we have a motion to amend Bill 63 with the contents of Communication 234.1. All those in favor, say "aye." Vote on Motion to The motion to amend Bill 63 with the contents of Amend: Comm. 234.1 was carried by the following voice vote: (Approved) Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung–9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Back to the main motion. Any further discussion there? Thank you very much, Ms. Lee Loy. All those in favor, say Ic aye. Vote on Bill 63: The motion to pass Bill 63, as amended to Draft 2, on first Draft 2 reading and adopt Finance Committee Report No. 37 was (Approved) carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung–9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: (Note: Comm. 276 was taken up previously, out of order.) Page 50 Hawai`i County Council-12 May 21,2019 OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. _ (There were none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. CHR. CHUNG: Okay, we've come to the end of our agenda. I'd like to make one announcement,though, if I could. This Saturday, Ms. Lee Loy and I attended a funeral service for a gentleman, George Yoshida. We all signed a certificate of condolence for him. We all know him as being a tv (television) celebrity on the local news station, "Seniors in Paradise"with Derek Kurisu. And prior to that, he was a two-time Director of Parks and Recreation for the County of Hawai`i. So, he served his time. But I think what I really wanted to recognize him for was really being the architect for our Elderly Activities Division. It's really gone unnoticed because of all of his recent celebrity. But he was the father of our senior program. And all that we have really is owing to his vision way back when. So, I think, in that regard, we really do owe him a debt of gratitude. So, thank you. Anyway, we've come to the end of our agenda. ADJOURN- There being no further business, at 10:35 a.m., Ms. Lee Loy moved to adjourn the MENT: meeting. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. • Absent: None. Excused: None. CHR. CHUNG: Meeting is adjourned. Council Approval: JUN 1 9 2019 COUNTY CLERK JH/dg Page 51