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HomeMy WebLinkAboutMIN COUNCIL 2019-06-04 2018-2020 Hawaii County Council 141h Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii June 4, 2019 INVOCATION: Pastor Dion K. Maeda of Connect Point Church gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:05 a.m., in the Council Chambers, 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, Mr. Richards 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: Hawaii County Council-14 June 4,2019 Charles Spain: Res. 169-19 (Comm. 277), in support. (representing Hawaii Fire Fighters Association) Bobby Lee: Res. 169-19 (Comm. 277), in support. (representing Hawaii Fire (See Comm. 277.7) Fighters Association) Christian Wong: Res. 169-19 (Comm. 277), in support. Dwight J. Vicente: Res. 163-19 (Comm. 270), comment; Res. 185-19 (Comm. 306), comment; Bill 64 (Comm. 247), comment; and Bill 70 (Comm. 287), comment. Marcia May: Res. 183-19 (Comm. 299), comment. CHR. CHUNG: Mr. Clerk, let's go on to "Order of Resolutions." Let's take up Resolution 169-19 if that's okay. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following item was taken out of order: Res. 169-19: COMMITS TO FUNDING THE COST ITEMS AWARDED BY ARBITRATION TO HAWAII FIRE FIGHTERS ASSOCIATION (HFFA) UNIT 11 AND EMPLOYEES EXCLUDED FROM BARGAINING UNIT 11 FOR THE CONTRACT PERIOD JULY 1, 2019 THROUGH JUNE 30, 2021 Authorizes the appropriation in future fiscal years which would include across-the- board increases, step movements, within range progressions, and one-time lump sum bonuses. The estimated cost over the two years of the contract would be $6,970,788. Reference: Comm. 277 Intr. by: Ms. David (B/R) Approve: FC-38 Motion to Approve: Ms. David moved to adopt Res. 169-19 and Finance Committee Report No. 38. Seconded by Mr. Richards. CHR. CHUNG: Discussion. MR. HENRICKS: Before we proceed, I believe at our previous committee meeting, Ms. Kierkiewicz elected to Page 2 Hawaii County Council-14 June 4,2019 CHR. CHUNG: Okay, why don't we take Mr. Richards as the second? Okay, Ms. Poindexter. MS. POINDEXTER: Yeah. You know hearing our testifiers and I do appreciate all the work. I know I voted "no" at the committee, and that was on bonuses. Now, we talked about raises. I have no problem with the raises. What I had a problem with was the bonuses, and trying to understand, you know, who does it get given to? I mean, they had nothing explaining how the bonuses are distributed or what? I had no problem with raises. So, I agree that, you know, firefighters work very hard. They're committed. You know, I'll go as far as saying that for me personally I owe a lot to the firefighters. In 1999, they had to recover my son's body. So I know, and I appreciate all that the firefighters do, so that is no question. Okay, the question was, you know, we had a testifier state that the misinterpretation when we go that they're not going to go back to the negotiating table. And the interpretation of law is that it's supposed to be the collective bargaining, the arbitration is supposed to be reasonable. So, what is reasonable? So when we get the Mayor's objection and then when we questioned our Finance Department, and I don't know if Deanna is here too, because—there she is. Part of the questioning was what is the difference? Why, you know, we allowed bonuses at the Police contract? And then here, the arbitrator threw in the bonuses, because you actually didn't ask for it. Can you come up? If you want to come up and I just want to get some clarity, because it was said there that the arbitrator basically said, "Since the Police contract had the bonuses, we need to give that to the firefighters." Your understanding is? (Note: At this time, Hawaii Fire Fighters Association President Bobby Lee came forward to address the members of the Council.) MR. LEE: Yes, actually the arbitrator said that he cited the bonus and he said similar to Police. And in our arbitration hearing, we had our own proposal having to do with hazardous duty, which was much more costly than bonuses. And we would have rather they addressed our issues accordingly, but as a counter proposal, they came back with bonus, because Number One, it was way cheaper than what we were asking for, and Secondly, there were no reoccurring costs, because we were looking for hazardous duty differential because firefighters have a much greater problem with cancer than the general public. And we also deal with other issues such as PTSD (Post-Traumatic Stress Disorder). Firefighter suicides right now, firefighters are dying by suicides at a higher rate than fire deaths. And so, we had other issues that we tried to address, but didn't want to. Page 3 Hawaii County Council-14 June 4,2019 MS. POINDEXTER: Yeah, thank you. And thank you for that. Talking about the negotiations and going in for hazardous pay, and then compromising with the bonus. So, I truly appreciate that, because I do agree, and I've been, you know, for several years, I've been asking, how can I give the firefighters money to work on the PTSD portion? Because I can only imagine, because I know a lot of firefighters. A person I went to school with had committed suicide, he's a retired firefighter. I know a lot of retired firefighters who are now suffering with PTSD because of the trauma that you go through. And I understand that because somebody had to take my son out of the lava fields. That is traumatizing. I couldn't even go and identify him. Yet, the firefighters had to be the ones taking care of him. So, I do appreciate. I understand the PTSD. Now I understand trying to negotiate hazardous pay and compromising with the bonuses and thank you for that. So, the other thing that I want to say is—the other thing that came up was the rank-for-rank, and that the Police didn't have rank-for-ranks. So what I did after that meeting was go and look into what did the Police have that is maybe comparable to the rank-for-rank, but it wasn't called rank-for-rank. So what I'm finding out is they have a Standard of Conduct pay. So, that could be held as comparable. So, after all of that and listening to, you know, I can understand where the bonuses should be made for our firefighters. But again, with the limited information that we had at the last meeting, when we talked about reasonable; what is equitable, fair, reasonable? All of that didn't come into play for me. I know a lot of people had questions on it, because we got a lot of emails too from people, and calls saying, I don't think we should be giving bonuses, you know. But, if people could understand, like I'm glad you came and explained that on the hazardous pay, because I totally agree with that. So thank you. Thank you for being here. And thank you for your commitment, and thank you for showing up, because you know I know how much you guys care for the people that you don't even know that you're saving. So, thank you very much. Aloha. CHR. CHUNG: Thank you, Ms. Poindexter. And may the record reflect that that was Mr. Bobby Lee who was speaking. Ms. Villegas. MS. VILLEGAS: Aloha. Thank you for being here today. It's a joy to sit in the room with so many of you and have it not be a memorial, like this last weekend. And the last time I sat in this chair was when we received the news of the passing of Captain Mahon. I want to express a huge—there's a depth of gratitude for all that you do and how much you care, and the extra steps that you go. I appreciate the perspective of the money that flows to you through a raise, also remaining within our community. I think that's totally viable and relevant, and it Page 4 Hawaii County Council-14 June 4,2019 is an investment in our community, in our keiki, in our kupuna, and in the experience as a whole that we have here. I also really appreciated the explanations of the bonus, having being relevant to a hazard pay. Having just lost a number of good friends and being able to speak to the firefighters. The EMS (Emergency Medical Services) that were on the calls. I'm extremely grateful for not only the work that you do, but the honesty. And it's not always easy for women, let alone men, to process some of the issues you have to deal with. So, I just want to express my personal gratitude, even outside of this role that I sit in now for the families in my life that you've touched and the people that you've taken care of, my own family. And that every time I run into anyone of you, you remember and you ask. You ask how my mom is; you ask how the family that lost somebody is. And that you carry that long-term accountability and participation in our community. So, thank you for what you do; your service is invaluable. If I could pay teachers, police, and firefighters as much as they pay corporate executives, I think it would be a much more equitable estimation of your worth. So, thank you for doing what you do for pennies on the dollar for what it's really worth. And I'm just really grateful for the broader explanations. They clear things up for me tremendously. And just want you to know how much I appreciate you. I yield. CHR. CHUNG: Thank you, Ms. Villegas. You know, before I call on Mr. Richards, I wanted to mention something. Ms. Kierkiewicz had previously recused herself, you know, from taking a vote on this matter because her husband is a firefighter. And I will say this, Ms. Kierkiewicz, you know, had I been asked whether you should recuse yourself, I would have told you to vote. And it doesn't directly affect you, okay? Because, you know, knowing how many contacts you have throughout this community, there's no end as to how many times you might have to recuse yourself. And, you know, even if it indirectly benefits you, it is a broader discussion. But, you know, I'm going to respect your request right now, but I will let you speak if you want to, if you want to say something. MS. KIERKIEWICZ: I'll be honored to. So nice to see all of you here. Thank you, President Lee, Charley, Christian for your very thoughtful, heartfelt testimony. At our Finance Committee Meeting, I alluded to the fact that our firefighters wear multiple hats. You answer to the call of duty when there's a fire, when there's a natural disaster, when there is someone that needs to be rescued, when there are accidents. And that's hard. I was speaking to my partner about that, about how you process all of it. And I have so much gratitude for all that you do to serve our community with so much grace and dedication and service to others that you don't even know. I didn't think I was going to get so emotional, but I just want you to know that I appreciate you and I'm behind all of you, 100 percent. Page 5 Hawaii County Council-14 June 4,2019 And it was at the recommendation of Corporation Counsel and their interpretation of our Council Rules that I do recuse myself, because if I didn't have to, I certainly would be voting. For I think this is a worthwhile investment in incredible people that take care of our community. So, thank you, Chair. CHR. CHUNG: Anyone else? Oh, Mr. Richards, I'm sorry, go ahead. MR. RICHARDS: Thank you, Chair. Thanks everyone for being here. I don't think there's any question that we support the firefighters. That's not the concern. You have a great responsibility, as do we. We have to take care of the County, as well as you're taking care of our people. And, as we go through this, and I've listened very carefully to the statements made, and I'm a big supporter of the Fire Department. The Sayres are personal friends as well as being very supportive of you. But we also have to take care of the County from a fiscal side. And so this is where the questions come, and we're not allowed to have these conversations anywhere but right here. And so, we need to have these conversations as we go forward, and these are objective conversations. As I go through the budget—and I get teased because I'm a numbers guyI look at that and I'm trying to make sure that we're going to be solid going forward, and I think all of you can appreciate that. I've listened very carefully to Chief Rosario and what the important things are for the Fire Department going forward. And loud and clear, the Chief has said, "Tim, as long as you can help us maintain our program for the equipment replacement." He said that's a primary thing you guys worked a long time to get where you are today, and I completely understand that. Where I am struggling with our budget right now is with our overtime, and I need an explanation as far as the overtime for the Fire Department. And so I don't know if that's actually a direct question for you or if that's a question for Finance. We look at our numbers, and we look coming forward. Last year is an exception, no question about that. Everything, May 3rd, everything blew up last year, and coming forward, and I got that, but I look at the trends and I look at where we're headed. And we have a very challenging fiscal responsibility ahead of us when we look at that, and I'm talking about payroll, yes. But, I'm also talking about our unfunded liability as coming forward. And so, we have to have these questions because constituents ask us, and I don't want to take away from the fact that I fully support you guys for a variety of different reasons. But, I have a question on overtime. According to our numbers here, over 50 percent of the overtime comes to the Fire Department, and I need an explanation as to why. Page 6 Hawaii County Council-14 June 4,2019 CHR. CHUNG: Well, you know, Mr. Richards—and first of all, Mr. Richards did vote in favor of this the last time—but, you know, I think this is something that's more appropriately addressed when we talk about the budget. MR. RICHARDS: Okay. CHR. CHUNG: Okay, because the collective bargaining issue, it tangentially relates to the overtime, of course. But, it's more a managerial issue that I don't think the firefighters, they don't control the overtime. MR. RICHARDS: Well, I understand that. CHR. CHUNG: Right? We're talking about a different issue. You know, it's whether this is a binding arbitration or not, and whether they are worthy of what was decided by the panel. MR. RICHARDS: Yeah. CHR. CHUNG: So, why don't we hold off on that? We can talk about that later, because they would not be equipped to discuss that matter. MR. RICHARDS: And I figured that. I just, like I said, we have a lot of questions coming from our constituency, and so that's our job. We have to answer those questions. CHR. CHUNG: Right. MR. RICHARDS: So with that, I'll yield to the Chair. Thank you. CHR. CHUNG: Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. And maybe if I could have Mr. Lee or Mr. Spain because I want this understanding of binding arbitration to bring a lot of clarity to the conversation that's before us. So, Mr. Lee, you going earn your union pay today. Could you please explain what binding arbitration is for clarity for this discussion? Thank you. MR. LEE: Yeah, there's two processes. You have a ratification vote where the employer and the union gets together and they come up with a proposed agreement and the membership has to ratify or vote in favor of it. And that's in HRS (Hawai`i Revised Statutes) 89-10 that you folks are being advised that you can just turn down an arbitrated award. But that is set up more for the unions that have the ability to strike, and you know, they can fashion or negotiate a settlement Page 7 Hawaii County Council-14 June 4,2019 and go through the process and come to you folks. And now you look at what they decided on, and at that point if you like it, fine. If you don't, you can send it back. They have an option; they can go back to the negotiation table or they can choose to strike. Yeah? And we don't have that. So, under 89-11, it talks about other disputes such as arbitrated awards. And as you go through 89-11, it is very specific, the steps on what you do. And in there it also talks about how the parties, meaning the union and the employer, have to try their best to effectuate the decision, and it's very clear that it is a legal decision. It's a legal and binding decision. And so, it's incumbent that because we have no other option other than that award, it is legal and binding and should be funded. And that's basically how the arbitration works. When you enter into arbitration, everybody lives with the decision. It doesn't matter, union or employer, if we had a crappy award, you know, we cannot turn around and say, "Well, you know what, we kind of don't like that. Can we go back?" The employers would laugh at us if we did that, and so, by telling you folks that, you know, if we the employers—if we don't do good in arbitration, we don't put the right information forward; if we can't convince the arbitrator, that's okay, we'll just kill it when it comes here and send them back. Yeah, like I said, you've basically eliminated collective bargaining at that point, and we'd have no place to turn. Unless you going give us the right to strike. MS. LEE LOY: So, thank you for that clarity, because I think that's what a lot of the community doesn't understand, that this is actually vested in Hawaii Revised Statutes, Chapter 89. MR. LEE: That's correct. Yes. MS. LEE LOY: Sections 10 and 11. Do you folks, and forgive me because it's been awhile since I've looked at various bargaining union contracts, do you guys follow the same Favored Nation program that other unions have? I know SHOPO (State of Hawaii Organization of Police Officers) has used the Favored Nations portion to do its binding arbitration. Have you folks used that same clause? MR. LEE: No we haven't, and I know the employers are not supportive of the Favored Nation clause. MS. LEE LOY: I just had one other question, and maybe it was Mr. Spain who mentioned this? You had four stations with no captains. MR. LEE: That's correct. MS. LEE LOY: Okay. And that's only here in Hawaii County? Page 8 Hawaii County Council-14 June 4,2019 MR. LEE: Yes, we have—you want to come up and answer that? (Note: At this time, Captain Charles Spain, Chair of the Hawaii Fire Fighters Association, came forward to address the members of the Council.) MR. SPAIN: Yes, that's correct. MS. LEE LOY: Can you identify yourself? MR. SPAIN: My name is Charles Spain. I'm a Captain for Hawaii Fire Fighters, and I'm the Chair for Hawaii County, HFFA (Hawai`i Fire Fighters Association) rep. Yes, in our department, we have four stations that have what they term "supervisory FEO's" (Fire Equipment Operators). They basically assume the duties of a captain, but they're ranked as FEO's, Fire Equipment Operators. Basically, the people that drive the trucks. They're expected to respond with the fire truck and formulate an incident command decision making process on the way. And it could be very difficult. I can just ask you to imagine if you were responding to an incident while driving and thinking of the plan that needs to be affected, it would be very challenging. And you know, we've asked for funding. We would like captains assigned there. That would be a safer bet, but financially, we concede to run like that. And I think the hat goes off to the firefighters and the FEO's that step up to that responsibility and undertake it. You know, it's a high risk to them to pull up on the scene and have members of the public, you know, expecting a lot out of them, and they're very limited on their abilities and resources. So, I think they do assume a lot of risk and liability on their own selves. MS. LEE LOY: Thank you, Mr. Spain, for that. Mr. Lee, did you want to add anything to that? MR. LEE: Yeah, for the most part, as you mentioned, as Charley mentioned, you folks are the only County that operates like that. Actually there's a lot that only comes out of this County besides you folks being the EMS transport. Along with Fire, you have rescue hazmat companies that do multiple roles; respond to fires. I mean the rest of the counties, we've done a lot to increase staffing and to separate roles. Only here it's difficult because of costs and the size of the island and the distances and all of that. So, there are a lot of challenges here that are not like the rest of the islands. And we work closely with the Fire Department. We, meaning the union, work closely with the Fire Department to try and help them, you know, address those challenges. Page 9 Hawaii County Council-14 June 4,2019 MS. LEE LOY: And so truck drivers, a truck driver has to replace a truck driver, right? And that's where the rank-for-rank kind of falls in line, right? So a captain has to replace a captain, truck driver has to replace a truck driver, which is something also that is imbedded in this contract that you folks have. Mr. Spain, please, I have had; or, Mr. Lee, I have had my share of understanding the rank- for-rank with a past life with Ty Medeiros and Steve Loyola, but I think it will enlighten this body for them to really understand what the rank-for-rank does for your membership. MR. LEE: I can clearly explain that because that was my idea. So, I'm the author of that. Fire companies, staffing is everything. It's critical. And a lot of times staffing costs money. And so, this was a proactive way to try and build some overtime money into the budget so that the Fire Department would be able to have some money available for overtime. Because it doesn't matter what department across the state or across the nation, you need overtime. There is no way to get away from overtime. Whether it's Fire, whether it's Police;public safety, you know, you cannot put it on hold and let somebody do the work tomorrow. And so it was a means of building some monies into the budget to have overtime money available so it at least helps with the staffing issues. Staffing is not only firefighter safety but it's public safety. And that was the reason for creating that. And we work closely with the departments to try and build reasonable rules on how you use that overtime money. We have a practice called "temporary assignment,"where we bump people up from lower grades up to a higher grade. That process is an accident waiting to happen, but we understand why it's there because it saves a lot of money. But, you're not necessarily getting somebody who's qualified in the position. And that was another reason for the rank-for-rank. MS. LEE LOY: Thank you, Mr. Lee. Thank you, Mr. Spain. You guys earned your paycheck today. Chair, I yield. CHR. CHUNG: Okay. Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Good morning, gentlemen. I do respect everything you do. I have a lot of friends in the Fire Department, and I've known some of you guys for a long time and some I don't know at all. So, I do have to say that. I do have to concur with Mr. Richards. As a business owner, one, I have extremely high overhead. I'm looking at what's costing us money. And you're going to look at overtime. That's one thing I'm looking at, so I understand rank- for-rank is part of that. But, as a legislative body, given this option that we have in front of us, it is our duty to take a look at that and make sure that we are making the right decision for Page 10 Hawaii County Council-14 June 4,2019 our County. Do I think you should get raises? Yes. The last raise everyone on minimum wage got was $9.25 to $10.10 an hour. That's a .08 percent raise. So, we're doing two percent raises for everybody every couple of years. Deanna, can you come up please? And then, Joe, I have a question for you, too, as a new person. (Note: At this time, Finance Director Deanna Sako and Corporation Counsel Joseph Kamelamela came forward to address the members of the Council.) MS. SAKO: Good morning, Deanna Sako, Director of Finance. MR. KANEALI`I-KLEINFELDER: Good Morning, Deanna. Thank you. So, raises in general, we do raises every two years? We have a bargaining decision made every two years? Is that correct? MS. SAKO: Two or four. Each collective bargaining unit is different. Sometimes it's a two-year contract, sometimes it's a four. MR. KANEALI`I-KLEINFELDER: And the Fire Department is? MS. SAKO: They currently have a two-year contract that expires at the end of this month. MR. KANEALI`I-KLEINFELDER: Okay. And then, Joe, as far as us making decisions and doing what we're doing, are we within our rights to do what we're doing? MR. KAMELAMELA: Joseph Kamelamela, Corp. Counsel. Good morning, Chair and members of the Council. MR. KANEALI`I-KLEINFELDER: Sorry to put you on the spot. MR. KAMELAMELA: So, that's a broad question, but let me try to answer it this way because I know I had submitted the 1998 AG's (Attorney General) opinion. And the AG's opinion has a different interpretation from what has just been presented by Mr. Lee. I've talked to the AG. I talked to the AG who happened to author this opinion, and his interpretation is the same. So if you were to frame a question, and I'm not too sure which question you're looking it, but one way to frame the issue is, if the County Council does not approve the submitted cost items in the bargaining unit interest arbitration award, does the submitted cost item return to the parties for further bargaining? So, the answer to that and according to the AG's opinion would be "yes." It goes back. It's a different interpretation. Page 11 Hawaii County Council-14 June 4,2019 So there's two things that happens. One is either to go back or what Fire can do is file what's called a "prohibited practice complaint"with the Hawaii Labor Relations Boards. And that issue can be taken there. So, does that answer your question? So my answer to you, if it's related to what I just framed, would be "yes" it's up to you to make a decision here as to the appropriateness of the cost items. MR. KANEALI`I-KLEINFELDER: So, we are within our right to say "no" or "yes"? MR. KAMELAMELA: Yes. MR. KANEALI`I-KLEINFELDER: I'm learning, so I'm trying to wrap my head around what we can or cannot do. So we have this ability, right, to say "yes" or "no"? MR. KAMELAMELA: Yes. MR. KANEALI`I-KLEINFELDER: And if we say "no" then, I don't know if you want to come back up and explain this again? Sorry. Or actually, no, before I lose you Deanna. So, two years ago, what was the decision made or what were the raises then? MS. SAKO: So there were across-the-board raises and step movements, and the total was about $3.6 million over that two-year period. MR. KANEALI`I-KLEINFELDER: What kind of percentage? MS. SAKO: I believe it was similar, two percent. MR. KANEALI`I-KLEINFELDER: So two percent again? And that was per year? MS. SAKO: Per year. MR. KANEALI`I-KLEINFELDER: So two, and it went back to two? MS. SAKO: And with the step movements, we usually equate roughly two percent to each step movement. MR. KANEALI`I-KLEINFELDER: And then again this year. So it'll be two for this coming fiscal year and then two for the next year. MS. SAKO: Yes. Page 12 Hawaii County Council-14 June 4,2019 MR. KANEALI`I-KLEINFELDER: So eight percent in four years? MS. SAKO: Yes, if you add it up, yes. MR. KANEALI`I-KLEINFELDER: Okay, thank you, appreciate that. Joe, thank you. Can I have you come back up, please? Sorry, I'm not picking on him, but it's my job. I'm trying to learn. So, I'm learning and picking on you at the same time. MR. LEE: No problem. I'm used to it. MR. KANEALI`I-KLEINFELDER: So, it's eight percent in four years is what we're looking at, at the end of'21? And we'd be eight percent over the last two years plus the next two years coming up. MR. LEE: Yes, that would be correct. MR. KANEALI`I-KLEINFELDER: That's pretty good raises, you know. That sounds more than adequate. When was the last time County Council got a raise? Couple years ago. Well, when I walked in we got a raise, but before that was years. It was a long time and I've noticed that. Some very ongoing, very persistent slow but big jumps for some departments. And then some are very steady, like your own. So again, our job is to make sure that we're doing the right thing for the County. You guys work hard, and I agree with that. I have no problems with that. And I really appreciate everything that you do. So, can you break down, please, the bonuses of this so I can understand that. Because I was told that I was misunderstanding the way the bonuses were given. It looked like it was $21,000 per person, but it was broken down. It was supposed to be less than that. MR. LEE: I don't have it in front of me, but I think it was a one-time bonus; one- time cost per year, something like $1,500 to $1,800 or something like that. But it's not per month. It's a one-time cost per year. MR. KANEALI`I-KLEINFELDER: So one-time bonus and then depending on what rank or step? MR. LEE: Whatever step you're at. MR. KANEALI`I-KLEINFELDER: Okay, so ranging from $1,800 to $2,000 per person, one time. MR. LEE: Something like that. One time per year. Page 13 Hawaii County Council-14 June 4,2019 MR. KANEALI`I-KLEINFELDER: Okay, that's not huge. That eliminates that because it looks like it was 21,000 per person just from looking at this, this that I have in front of me, yeah? So I kind of went MR. LEE: Okay. MR. KANEALI`I-KLEINFELDER: I was like, who wouldn't like that? I mean that's beautiful. Okay, I guess for me I just want to know that when you go to the bargaining table, and I have no control over this, but I want to make sure that when these decisions are made—that although we all would like raises all the time every year, every 30 days, you know, who wouldn't like a raise? that we really take into account where the County sits and where we are financially and how to get the County ahead. Not so much each department or each person in the County, but how to make sure that the County itself can get ahead and catch up and get these projects that we have that we all want done, done. That's what I'm thinking of. That's where my mind is at. So, that's why I questioned this. That's why I'm asking these random questions and trying to learn. So I yield for now. I did say "no" last time. I've got to reiterate I really appreciate what you guys do for us, and you've helped all of us at some point in our lives. And I've just got to make sure I'm doing the right thing. So, thank you for your time. I yield. MR. LEE: I understand. Thank you. CHR. CHUNG: Ms. David. MS. DAVID: Yes, thank you, Chair. Aloha. You can stay there for a while. I just wanted to say first of all, Mahalo Nui to pastor. I think you summed up really what we're talking here today. There is no question how valuable our firefighters and our police are to any community, especially this island and I respect that. And what pastor said is basically what, I think, Mr. Richards and also Mr. Kaneali`i-Kleinfelder is referring to. We, as the legislative body, have to make informed decisions, and this is probably one of the hardest things that has come before my eyes now. And in the past, when these resolutions for the bargaining units came before us, there really was no question. I think it was like, you know, the regular raises. And for this particular one, and I think this is what raised questions, was that there were several types of raises. And I enjoyed this conversation because there's a lot of explanations why and justifications for it. And I totally agree with those. At Committee, we had basically more questions than we had answers. And so, I appreciate everybody, all the firefighters that have come out today because I know you're passionate. And in the same respect, we have to make decisions Page 14 Hawaii County Council-14 June 4,2019 based on the process and the law. So, do you know if this—the question I have for you is, would this arbitration award resolve the captain shortage for the department? In a sense, overall, would these raises be able to either recruit more captains or have captains fill those vacant positions? Because I understand your situation on the FEO's. So would you be able to resolve some of that? MR. LEE: Actually, we have that problem statewide, firefighter shortage. They just gave a firefighter agility test in Honolulu. They had half as much people signed up to come in for the agility and only about half of that actually showed up. And for whatever reason, it's getting harder to fill firefighter positions as a whole. Whether these raises would do it, I don't know. I think that's more of a question for the Fire Chief, whether he feels that this will help. MS. DAVID: I see, and that would probably fall under your budget, the firefighter annual budget request to get more positions. I really think that's an important thing because when you have people or drivers, like you said, taking on the heavy responsibility of a Fire Captain, that's stressful in itself to that person. So I understand that. And then, the two different views on whether binding arbitration is binding or not. And for us, you know, we're hearing it's a done deal from your perspective. And then from our attorneys and the State Attorney General is saying that there is an option. So right now I'm just trying to investigate what are those options and what would be the ramifications. So, I just wanted you to understand where I'm coming from. Like I said, I have more questions for our Corp. Counsel too, but thank you for being here. And I might call you up later because I did vote "no" on the first one just because of the number of raises or the types of raises that came before us. So, thank you for that, and could IMr. Kamelamela, could you come up here for a second? Thank you. MR. KAMELAMELA: Joseph Kamelamela, Corp. Counsel. MS. DAVID: Thank you, Mr. Kamelamela. And so, in this situation, okay, you have one agency or one group saying, "We interpret it this way." And then of course, the State Attorney's interpretation. What is the solution if they have a conflict? Right now you're saying that, as long as one of those raises is questioned and this is voted down, they go back to the Labor Board. MR. KAMELAMELA: No. MS. DAVID: Can you explain that? MR. KAMELAMELA: Yeah, so actually what I'm saying now is, you know, what's public: The substance at the AG's, they had brought forth this interpretation in a court. And so there are courts that have handled these issues. Page 15 Hawaii County Council-14 June 4,2019 And so as I stated, so we have the AG's, and many times we ask the AG's for their opinions when it comes to statutes, because that is their responsibility on how to interpret the statutes. In looking at the interpretation that they have done, you know, I had to make sure that I checked the legislative history to see if I might come out with something contrary. And based on what I saw in the court cases and the AG's decision, right now I cannot issue an opinion that's contrary because that's the AG's office. MS. DAVID: Okay, yeah, because that's where the difficulty for me comes in, because previously when all these awards came through, it was my understanding that we had no options. It's binding arbitration; it's a done deal. And so as a matter of practice, yes, we just, you know. MR. KAMELAMELA: Right. MS. DAVID: And so, only now, only in this session that we're finding out that it's something different. And so, my other question is, say, does the Mayor have veto power on resolutions? So given his position, what is his veto power on a resolution? MR. KAMELAMELA: He has no veto power on a resolution. MS. DAVID: Okay. And so then, I just want to understand our predicament and our position on this. Because, No. 1, we're trying to be fiscally prudent because all these amounts are going to take place at a future date. And I believe that the arbitration award basically was on the premise that they felt that the County could afford it because of our bond rating or our whatever that acronym is. And so for me, I'm thinking, well, that's great but how do we address the future if this is going to be the precedent? I think we need to know whether we have options. At this point, I think, the explanation that was given by the firefighters, they've justified their ask. But for a legislative body, especially for me, to use something as a precedent, "They've done it before, so let's keep doing it again further down the line." And I'm concerned for the future of the County's financial position, because I know the Department and the Administration goes through a lot of work trying to maintain our rating. And so when raises are based on our good rating, it really puts some of the burden to maintain that rating regardless of what is happening in the next year or two, and I just feel like I need to explain what my thought process was in voting "no." I still think Mr. Richards brought up very good questions because those are questions that are applied to us as this body in making decisions. And I think we're getting there. Page 16 Hawaii County Council-14 June 4,2019 We've got some good information this time, and I appreciate everybody's input. And so for right now, I'm thankful that we understand that there is a process and how we move forward is what we have to decide shortly. So for now, I'm going to yield, but thank you very much for the opportunity. Aloha. CHR. CHUNG: Ms. Eof£ MS. EOFF: Thank you, Mr. Chair. I just wanted to note that if you look up the national rate of cost, I'm not sure what you exactly call it, inflation, it's about 2 percent a year; 2 to 3 percent a year. So, what their raises reflect is pretty much on average with the rest of the United States, even your social security increases about two percent a year now. So that's within reason, I think. And thank you for explaining how the rank-for-rank works a little bit better. That was good to understand. And as far as the bonuses, that was also enlightening. It seems very justified, especially when you think of it as hazard pay. So, I supported this measure in Committee and I'll continue to support this award. Thank you. CHR. CHUNG: Ms. Villegas. MS. VILLEGAS: Aloha, yes. I just want to concur with what Karen said. I was just looking that up and the national average for inflation and cost-of-living adjustment is two percent, having worked in the private sector for a number of years. That was the average raise. In the beer business I was working in had good bonuses, though. A little bit better than Council. But I just feel that that's an equitable amount of money. I just don't think that as whoever, you know, was arbitrating and at the negotiation table, it just seems equitable in my mind for being the current amount. And we all know how much gas costs now and milk costs, and the increased cost-of-living here, especially in Hawaii. So for me, two percent isn't over the top. You know, I do feel a fiscal responsibility for the County, and we have to be responsible for that. But as a department in general that's constantly fundraising, that's always looking for more resources to supplement what you have in your budgets to afford, and for a community—in my experience, constituents always asking for more from youI don't feel that I'll get pushed back from my constituents for the ask through this arbitration agreement. I yield. CHR. CHUNG: Deanna anybody else wants to talk? How long did this arbitration process take? Page 17 Hawaii County Council-14 June 4,2019 MS. SAKO: This one took several weeks. Some of it might have been scheduling, but they met. They had to break, meet again. So I'm not sure if it took three weeks in total about—yeah. CHR. CHUNG: And what? Constant or how ? MS. SAKO: Three weeks of time meeting, but it was broken up. CHR. CHUNG: What do you mean "three weeks of time meeting"? MS. SAKO: So, maybe they met for a week. They had a week break. Because, you know, you have to schedule the arbitrators and the attorneys and everybody. So over, maybe, a two-month period or a month-and-a-half, they took about three weeks. CHR. CHUNG: So three weeks' total time then? MS. SAKO: Yes, they spent a lot of time. CHR. CHUNG: Devoted into coming up with this decision? MS. SAKO: Well, then, after. I'm talking about the hearings when they're actually like meeting. And then afterwards, the arbitration panel goes away and makes a decision, and that took a longer period of time. CHR. CHUNG: Okay, so there was a lot of talk put into this arbitration decision, right? Three panels. MS. SAKO: Yeah. Three-person panel, yes. CHR. CHUNG: Okay, let me give you my thoughts on this thing. First of all, you know, I certainly understand our responsibility to be fiscally responsible. We have to do that. But, I think what trumps all of that is the collective bargaining process. And, Joe, with all due respect to you and the Attorney General, I disagree, yeah. And I have disagreed a lot of times with the Attorney General's opinions because a lot of times, no offense to them, it's politically motivated, driven. Cannot help, we understand that. They've come up with some wacky decisions in, you know, I've seen police power on Hawaiian Homelands; makes no sense at all. And I have to disagree with them on this one too. You know, there's been talk about we have to run our County like a business and I understand that totally in terms of efficiency. But the one difference here is that our greatest resource as a County, because we are a service-providing organization, it's got to be our employees. It's not a product. That's our most important product, is our employees. Page 18 Hawaii County Council-14 June 4,2019 And so, let's look at it this way, the Fire Union has taken the position that this is binding arbitration and if they had gotten a decision which was not favorable to them, they would have to accept it. That's not fair for us to have a different bite at the apple, yeah, to have two bites at the apple. Our time was during the negotiation period. We cannot, I mean it would be disingenuous and unfair to our employees, our most important resource, to say, "You guys only have one crack, but we get two shots." It's not right. So to me, it's binding arbitration. I've always taken that position. And because of, you know, the controversy that we've been having over this matter recently, I had to take a look at, you know, Chapter 89 again. And there's some wiggle room, I've got to say, because it does mention something where, you know, l have to make appropriations at the County level. But at the same time, there's an overriding principle of fairness and we've got to treat our employees fairly, and that's my position. I think it's binding, yeah. So I'm going to be voting in favor. Thank you. Anybody else? COUNCIL MEMBER: Call for the question. CHR. CHUNG: Mr. Clerk, for a Call for the Question, do we have to take vote? MR. HENRICKS: It doesn't seem necessary. Is there any further discussion? CHR. CHUNG: There's no—any further discussion? Okay, why don't we take the vote. Roll call vote please. Vote on Res. 169-19: The motion to adopt Res. 169-19 and Finance Committee (Adopted) Report No. 38 was carried by the following roll call vote: Ayes: Council Members David, Eoff Kaneali`i-Kleinfelder, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: None. Excused: Council Member Kierkiewicz— 1. (Note: Mr. Richards voted "kanalua" then "aye.") CHR. CHUNG: Okay, Mr. Clerk, let's take a recess so we can at least go and thank and congratulate our firefighters here. Recess: At 10:15 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:24 a.m. Page 19 Hawaii County Council-14 June 4,2019 CHR. CHUNG: Mr. Clerk, let's do the Approval of Minutes. Return to Order The Chair directed the Council to return to the order of business. of Business: APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Vote on Approval of Ms. Poindexter moved to approve the Minutes of April 24, Minutes: 2019. Seconded by Ms. David and carried by the following (Approved) 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. Vote on Approval of Ms. Poindexter moved to approve the Minutes of May 8, Minutes: 2019. Seconded by Ms. Villegas and carried by the (Approved) 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. 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. 163-19: ACCEPTS THE DEDICATION OF ONOMEA STREET EXTENSION, IDENTIFIED AS TAX MAP KEY: 2-8-026:036, ROAD A, IDENTIFIED AS TAX MAP KEY: 2-8-026:033, AND EASEMENT 2113, IDENTIFIED AS TAX MAP KEYS: 2-8-026:017 (POR.), 2-8-026:021 (POR.), AND 2-8-026:022 (POR.), ALL SITUATED AT PEPE`EKEO, DISTRICT OF SOUTH HILO, Page 20 Hawaii County Council-14 June 4,2019 ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, FROM HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION, A HAWAII NON-PROFIT CORPORATION The landholder seeks to dedicate the roadways and easement for public roadway and drainage purposes. Reference: Comm. 270 Intr. by: Ms. Lee Loy (B/R) Approve: PWMTC-11 Motion to Approve: Ms. Lee Loy moved to adopt Res. 163-19 and Public Works and Mass Transit Committee Report No. 11. Seconded by Ms. David. CHR. CHUNG: Discussion? There being none, all those in favor say "aye." Vote on Res. 163-19: The motion to adopt Res. 163-19 and Public Works and (Adopted) Mass Transit Committee Report No. 11 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. Res. 176-19: 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 HEALTH CENTER, INC., FOR ITS HEALTH WELLNESS AND EDUCATION COMMUNITY OUTREACH IN KOHALA Transfers $2,100 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 292 Intr. by: Mr. Richards Motion to Approve: Mr. Richards moved to adopt Res. 176-19. Seconded by Ms. David. CHR. CHUNG: Discussion? Page 21 Hawaii County Council-14 June 4,2019 MR. RICHARDS: Just real quick, this is working with Hamakua Health and it's their outreach in District 9, Kohala. So I ask for your support. CHR. CHUNG: Okay. There being no further discussion, all those in favor say Ic aye. Vote on Res. 176-19: The motion to adopt Res. 176-19 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: Hold on, Mr. Clerk. Can we go to Resolution 185 and Bill 78? 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. 185-19: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A WORKFORCE INNOVATION AND OPPORTUNITY ACT GRANT Funds in the amount of$1,053,000 would be used to assist adults, dislocated workers, and youth by providing services that will train individuals to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 306 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 185-19. Seconded by Ms. Eoff. CHR. CHUNG: Any discussion? MS. DAVID: Thank you, Chair. And we had a request for a waiver of this one. Could you please come up and explain the urgency of having this waived out of Committee? Just identify yourself for the record and then proceed. Page 22 Hawaii County Council-14 June 4,2019 (Note: At this time, Housing and Community Development Assistant Housing Administrator Duane Hosaka came forward to address the members of the Council.) MR. HOSAKA: Aloha, Council. Duane Hosaka, Assistant Housing Administrator. Yeah, I guess in March we didn't put this through, so we're asking for this to go through now. MS. DAVID: Before our fiscal year ends then? MR. HOSAKA: Yes. MS. DAVID: Okay, cool. I yield. Thank you. CHR. CHUNG: Mr. Richards. MR. RICHARDS: Oh no, sorry. CHR. CHUNG: Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Hi, Duane, nice to see you. So every year, the Office of Housing receives this grant from the Federal Government, is that correct? MR. HOSAKA: Yes. This year, the amount is a little less than the previous year, but every year. MS. KIERKIEWICZ: How much less? Do you recall? Substantial in terms of millions or tens of thousands? MR. HOSAKA: Yeah, no, not millions,just couple thousands. MS. KIERKIEWICZ: And so there are a number of programs: adult programs, dislocated worker programs, youth programs. And these are administered by your office or you contract out to agencies in the community to deliver services? MR. HOSAKA: Yes, our office runs the American Job Center, and through that we contract out. Right now, we're having a Request for Proposal for someone to run the Adult and Dislocated Worker. It's going to come out shortly. MS. KIERKIEWICZ: Okay, and during the lava recovery period which we're in now, you folks have utilized this program to help a number of individuals displaced, impacted by the eruption. Is that correct? And provided them support, entrepreneurial support? Page 23 Hawaii County Council-14 June 4,2019 MR. HOSAKA: It's more through job support; if businesses lost employment or if they needed assistance. We've opened job centers and tried to get them training. MS. KIERKIEWICZ: Hi, did you want to add something for the record? Just trying to better understand the American Job Readiness Program that you're administering here. (Note: At this time, Housing and Community Development Specialist Sandra Goodale came forward to address the members of the Council.) MS. GOODALL I'm Sandra Goodale. I am with the Office of Housing. I manage the WIOA (Workforce Innovation & Opportunity Act)program, and the question you asked was about the lava flow disruption. We received another grant for the displacement of workers due to that eruption, and that was $2.1 million that the State got the grant from the Feds. And we're using it, but as Duane said, it's not to make the businesses hold. It's to get the people out of work reemployed. So we have eight people currently employed through that program. Hawaii Employment is the business of record, and Hawaiian Sanctuary in the CTAHR (College of Tropical Agriculture and Human Resources), the College of Tropical Agriculture of Hawaii, is the second worksite. So that's separate from the Workforce Innovation & Opportunity Act. MS. KIERKIEWICZ: Okay, that's helpful. So the 2.1 million is actually to put people back to work. MS. GOODALL It is. MS. KIERKIEWICZ: It also provides capacity building, skills training? MS. GOODALL We do that as well, but that is specifically to put people back to work for up to one year. They can work a maximum of 2,080 hours in the life of the grant. And the grant actually ends June 30'h, 2020. MS. KIERKIEWICZ: Okay, that's great. If you have like a one sheet or something that you can maybe share with my colleagues and me via email, we would love to be able to promote the work that you're doing at the Innovation Center for our constituents, so that they know this service is available. MS. GOODALL Sure. MS. KIERKIEWICZ: Thank you. I yield, Chair. CHR. CHUNG: Anyone else? If not, we have a motion on the floor. All those in favor say "aye." Page 24 Hawaii County Council-14 June 4,2019 Vote on Res. 185-19: The motion to adopt Res. 185-19 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. Bill 78: 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 —Workforce Innovation and Opportunity Act account ($1,053,000); and appropriates the same to the following 2019-2020 Workforce Innovation and Opportunity Act accounts: Administration Planning ($100,000), Adult Program ($350,000), Dislocated Worker Program ($250,000), Youth Program ($350,000); and the Federal Insurance Contributions Act Employer Share account ($3,000). Funds would be used to assist adults, dislocated workers, and youth by providing services that will train individuals to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 306 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 78 on first reading. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. CHUNG: Any discussion? MS. DAVID: This is just a companion to the resolution. CHR. CHUNG: Okay, we have a motion on the floor. All those in favor say Ic aye. Page 25 Hawaii County Council-14 June 4,2019 Vote on Bill 78: The motion to pass Bill 78 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 carries. Thank you. Glenn, what are you here for? Okay, let's take that one up. I'm kind of interested. Res. 184-19: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAII Funds in the amount of$17,985 would be used for the "Meat Cutting Workforce Development Training"program. Reference: Comm. 304 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 184-19. Seconded by Mr. Richards. CHR. CHUNG: Discussion? Mr. Richards, I think. MR. RICHARDS: Absolutely. This has actually come up in conversation at some point and, Glenn, I am very pleased that you're here getting this done. One of the declining professions is meat-cutting. And to establish this in our County in conjunction with our educational institutions is outstanding, so I ask for your support. And I think we can actually attract outside students which brings things in. Glenn? (Note: At this time, Research and Development Economic Development Specialist Glenn Sako came forward to address the members of the Council.) MR. SAKO: Good morning. I'm Glenn Sako, Economic Development Specialist specializing in agriculture. Thank you for having me this morning. As it was mentioned, you know, we had an incident in the earlier part of the year or late last year where the slaughter of small animals at the slaughterhouse was stopped voluntarily, and which created a hardship on the small-animal industry. So, we Page 26 Hawaii County Council-14 June 4,2019 did a phone survey of the supermarkets with meat-cutting departments and other butcher shops and there was a shortage and an interest in having skilled workers in working with the meat-cutting industry. So, we're working with the Hawaii Community College to revive this curriculum, and they need to get their facilities up in order and also bring their curriculum up to date. They are working on that and we're looking at a certificate in working in that industry, and hopefully from that, we'll also later on develop a more compact curriculum for those who do not need the entire curriculum in the meat-cutting industry. So, there's a number of hunters who have expressed an interest in something a little simpler. CHR. CHUNG: Okay. Anyone else? Okay, and you know, I did want to thank both you, Glenn and Mr. Richards, for really addressing that crisis that you referred to earlier this year. And I know Tim really put in a lot of time, you know, with the Federal Government, and I think a lot of people appreciate your efforts in that regard. So anyway, we have a motion on the floor. All those in favor say "aye." Vote on Res. 184-19: The motion to adopt Res. 184-19 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. MR. SAKO: Mr. Chair? Excuse me, may I also add that, you know, my colleague Silvan Shawe, the Food Access Coordinator, was also very actively involved in working on this issue. CHR. CHUNG: Oh, thank you for mentioning that, Glenn. Okay, Ms. David. MS. DAVID: Yes, please. Can I move to waive the five-day reconsideration hold on this one? Thank you. CHR. CHUNG: Okay. Page 27 Hawaii County Council-14 June 4,2019 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, and Chair Chung—8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. CHR. CHUNG: Ms. David, go ahead. MS. DAVID: Thank you, Chair. Can I go back to Resolution 185 and do the same motion? MR. HENRICKS: You could and Council is well within its rights to waive this reconsideration in time, but I note there is the companion bill that's still on First Reading. So is that going to help the process to expedite the reso? I mean it's up to the department if they believe that would be beneficial, but the bill to appropriate is still at First Reading. It still has to go to Second Reading. Did they request that? MS. DAVID: They requested it. MR. HENRICKS: Then just go ahead and do it. MS. DAVID: Okay. Vote on Motion to Ms. David moved to suspend Council Rule 15 to waive the Suspend Council 5-day hold for reconsideration on Resolution 185-19. Rules: 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, and Chair Chung—8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. CHR. CHUNG: Okay. J and Reid what are you guys here for? Why don't we move ahead and do Resolution 188? Page 28 Hawaii County Council-14 June 4,2019 Res. 188-19: AUTHORIZES THE ACCEPTANCE OF A DONATION OF A WATER IRRIGATION SYSTEM, NATIVE HAWAIIAN PLANTS, AND FUNDS TO PAY FOR COUNTY WATER SERVICE TO THE PARKS AND RECREATION DEPARTMENT Donated by Ka`ahahui o Ka Nahelehele with a value of$17,500, for the proposed community park. Reference: Comm. 309 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 188-19. Seconded by Mr. Richards. Relinquish Chair: At this time, Chair Chung relinquished the chair to Acting Chair Eoff ACTING CHR. EOFF: Any discussion, Ms. David? Mr. Richards? MR. RICHARDS: Yeah. (Note: At this time, Parks and Recreation Business Manager Reid Sewake and Deputy Corporation Counsel J Yoshimoto came forward to address the members of the Council.) MR. RICHARDS: Thanks, Reid. Why don't you go ahead and explain it because then I've got questions and MR. SEWAKE: Reid Sewake, Business Manager. Yeah, so, we have a Friends of the Park agreement with the nonprofit Nahelehele. Right now they're planting native plants. So what we want to do is, you know, to make it more efficient. For efficiency, they want to install a water irrigation system. So they were able to secure some funds to do that, and this resolution for your consideration is to accept that donation of the water irrigation system. MR. RICHARDS: Thanks for the explanation and this is all in the right direction. However, this park isn't a County park yet. MR. SEWAKE: From what I understand, the parcel is the County's. It was donated by Henry Clark. I don't think it's officially recognized as a park, but it's something for future consideration. MR. RICHARDS: It's going to be, yeah. And so, this is more of a procedural question. We're okay to accept this as a donation just because it's a County piece, is that correct? Page 29 Hawaii County Council-14 June 4,2019 MR. YOSHIMOTO: J Yoshimoto, Deputy Corporation Counsel. Yes. MR. RICHARDS: Okay. That's a procedural thing because this is ultimately going to be the termination of the trail in Waimea. And for people who wonder where it is, it's the old tank crossing from way before. And it all makes sense. I just want to make sure procedurally we're doing it all right. So with that, I'm going to support this, I yield. Relinquish Chair: At this time, Acting Chair Eoff relinquished the chair to Chair Chung. CHR. CHUNG: Okay, anyone else? If not, we have a motion on the floor. All those in favor say "aye." Vote on Res. 188-19: The motion to adopt Res. 188-19 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: Are you guys here for 187 too? Okay, why don't we take that one up too? Res. 187-19: AUTHORIZES THE ACCEPTANCE OF A STORAGE CONTAINER FROM THE STATE OF HAWAII FOR THE HAWAII COUNTY DEPARTMENT OF PARKS AND RECREATION Donated by the State Department of Land and Natural Resources with a value of $5,000, for use at the County's Trap and Skeet Range. Reference: Comm. 308 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 187-19. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. CHUNG: Any discussion there? MS. DAVID: Thank you, Mr. Sewake. Could you please explain just briefly the donation? Page 30 Hawaii County Council-14 June 4,2019 (Note: At this time, Parks and Recreation Business Manager Reid Sewake came forward to address the members of the Council.) MR. SEWAKE: So this is a transfer from State DLNR (Department of Land and Natural Resources). We were able to secure some funds from them previously, and we were able to receive some equipment. We had requested a container, but it so happens that they had an extra one they're willing to transfer over to us for use of the skeet range. So, it's a request for your consideration to accept this donation. MS. DAVID: Thank you very much, and thank you to DLNR. I yield, thanks. CHR. CHUNG: Okay, anyone else? If not, we have a motion on the floor. All those in favor say "aye." Vote on Res. 187-19: The motion to adopt Res. 187-19 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. Anything else, Reid? Is that it? Okay. Mr. Clerk, how about Bill 70? Page 31 Hawaii County Council-14 June 4,2019 Bill 70: AMENDS ORDINANCE NO. 17-19, WHICH AMENDED ORDINANCE NO. 12-129, WHICH AMENDED ORDINANCE NO. 11-81, WHICH AUTHORIZED THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR A STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN FOR WASTEWATER PUBLIC IMPROVEMENT PROJECTS AND AUTHORIZED THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURPOSE OF FINANCING QUALIFIED WASTEWATER PUBLIC IMPROVEMENTS OF THE COUNTY OF HAWAII Increases the original amount authorized from $2.7 to 7.5 million, and amends Exhibit A to add Hilo to the second project title, to read, "Kula`imano, Papa`ikou & Hilo Dewatering & Barminutor Replacement." The increase is due to updated cost estimates and anticipated contingencies. Hilo is added to reflect that certain equipment will be designated to the Hilo Wastewater Treatment Plant if necessary. Reference: Comm. 287 Intr. by: Ms. David (B/R) Approve: FC-39 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 47-5, Hawaii Revised Statutes Vote on Bill 70: Ms. David moved to pass Bill 70 on first reading and adopt (Approved) Finance Committee Report No. 39. 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: Glenn, what are you here for? Okay, why don't we take that? Page 32 Hawaii County Council-14 June 4,2019 Bill 77: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Increases revenues in the State Grants —Coffee Berry Borer Pest Subsidy Program account ($200,000); and appropriates the same to the Coffee Berry Borer Pest Subsidy Program account, bringing the total appropriation to $260,000. Funds would be used to assist coffee farmers by off-setting the cost of pesticides used to control the Coffee Berry Borer. Reference: Comm. 305 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 77 on first reading. Seconded by Mr. Richards. CHR. CHUNG: Any discussion? MS. DAVID: Yeah, this is very important. And I just ask for your support because the CBB (Coffee Berry Borer)is a very bad thing for the coffee industry, especially. Thank you. CHR. CHUNG: Mr. Richards. MR. RICHARDS: I'll echo that. It's ruined us, the coffee industry. CHR. CHUNG: Thank you for that. We have a motion on the floor. All those in favor say "aye." Vote on Bill 77: The motion to pass Bill 77 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. Return to Order The Chair directed the Council to return to the order of business. of Business: Page 33 Hawaii County Council-14 June 4,2019 Res. 177-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO INSTALL CARPETING AT THE OLD NORTH KOHALA COURTHOUSE FOR THE COUNTY'S SENIOR RECREATIONAL ACTIVITIES Transfers $1,300 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Parks and Recreation, Elderly Activities Division Administration Other Current Expenses account. Reference: Comm. 293 Intr. by: Mr. Richards Motion to Approve: Mr. Richards moved to adopt Res. 177-19. Seconded by Ms. David. CHR. CHUNG: Discussion? Mr. Richards. MR. RICHARDS: Yeah, this is to put carpeting in the "old" Judicial Building as opposed to the "old, old" Judicial Building, and it's very distinctive. Pre- statehood okay, so knock it off And it's a room that is quite often used; however, the acoustics are terrible in there. It's an old courtroom, and this would help out a lot. And if you know my kupuna group from Kohala, you will do what they ask. So, I ask for your support, I yield. CHR. CHUNG: Alright, okay. We have a motion on the floor. All those in favor say "aye." Vote on Res. 177-19: The motion to adopt Res. 177-19 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 34 Hawaii County Council-14 June 4,2019 Res. 178-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE 2019 SUMMER FUN PROGRAM AT PAHOA DISTRICT PARK Transfers $750 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Parks and Recreation, Summer/Intercession Class/Activities account. Reference: Comm. 294 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 178-19. Seconded by Ms. Villegas. CHR. CHUNG: Mr. Kaneali`i-Kleinfelder, please. MR. KANEALI`I-KLEINFELDER: Great program, I ask for your support. CHR. CHUNG: Okay, we have a motion on the floor. All those in favor say Ic aye. Vote on Res. 178-19: The motion to adopt Res. 178-19 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 35 Hawaii County Council-14 June 4,2019 Res. 179-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR THE 35TH ANNUAL QUIKSILVER/BIG ISLAND TOYOTA PRO-AM SURFING TRIALS Transfers $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. 295 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 179-19. Seconded by Mr. Richards. CHR. CHUNG: Any other discussion? MS. KIERKIEWICZ: Thank you, Chair. I'm just really happy to be able to support an event that will be taking place at Honoli`i, which is very close to my heart. It is where I learned to surf and I met my partner, so it feels good all the way around. Thank you. CHR. CHUNG: Alright, we have a motion on the floor. All those in favor say Ic aye. Vote on Res. 179-19: The motion to adopt Res. 179-19 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 36 Hawaii County Council-14 June 4,2019 Res. 180-19: COMMITS TO FUNDING THE COST ITEMS AGREED UPON BY THE EMPLOYERS AND THE UNITED PUBLIC WORKERS UNIT 1 AND EMPLOYEES EXCLUDED FROM BARGAINING UNIT 1 FOR THE CONTRACT PERIOD JULY 1, 2019, THROUGH JUNE 30, 2021 The estimated costs over the remaining two years of the contract resulting from additional across-the-board increases would be $1,133,051. Reference: Comm. 296 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 180-19. Seconded by Ms. Eoff. CHR. CHUNG: Ms. David? MS. DAVID: Yes, thank you. This item was also requested that it be waived. So, we have Director Sako here if we have any questions. I understand that some lead time was needed in order to implement this. If anyone else has any questions, I'll yield and let Ms. Sako answer. No? Then I just ask for your support. CHR. CHUNG: Okay, we have a motion on the floor. All those in favor say Ic aye. Vote on Res. 180-19: The motion to adopt Res. 180-19 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. MR. HENRICKS: Just waiting for Ms. David to make the motion to waive the five—you mentioned in your deliberations that MS. DAVID: No, I think this one was waived in Committee. Page 37 Hawaii County Council-14 June 4,2019 Res. 181-19: 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 KEONEPOKO ELEMENTARY SCHOOL'S JUNIOR POLICE OFFICERS PROGRAM AWARD CELEBRATION Transfers $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. 297 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 181-19. Seconded by Mr. Richards. CHR. CHUNG: Ms. Kierkiewicz. MS. KIERKIEWICZ: Chair, I just wanted to personally thank Community Police Officer Eddie Cardines for bringing this to my attention. He works in close partnership with schools throughout Puna, and there was a recognition event for the JPO's (Junior Police Officers) at Keonepoko. So, I'm very happy to be able to be able to use contingencies to mahalo them for keeping their campus safe. CHR. CHUNG: Okay. Anyone else? If not, we have a motion on the floor. All those in favor say "aye." Vote on Res. 181-19: The motion to adopt Res. 181-19 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 38 Hawaii County Council-14 June 4,2019 Res. 183-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO ASSIST WITH THE EXPENSE OF INSTALLING COVERED DUGOUTS AT KURTISTOWN PARK Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Parks and Recreation, Transfer to Capital Project Fund - General account. Reference: Comm. 299 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 183-19. Seconded by Ms. Kierkiewicz. CHR. CHUNG: Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Continuous motion to upgrade the park services in the Kea`au, Kurtistown, Mountainview, lower Volcano areas. I appreciate your support. CHR. CHUNG: Okay, we have a motion on the floor. All those in favor say Ic aye. Vote on Res. 183-19: The motion to adopt Res. 183-19 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. 186-19: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $9,245.22 TO THE COUNTY OF HAWAII Yurihama Town seeks to offer assistance to offset costs incurred during the 2018 Lava Disaster in the lower Puna region. Reference: Comm. 307 Intr. by: Ms. David (B/R) Waived: FC Page 39 Hawaii County Council-14 June 4,2019 Motion to Approve: Ms. David moved to adopt Res. 186-19. Seconded by Ms. Kierkiewicz. CHR. CHUNG: Ms. David. MS. DAVID: Yes, this wasactually, a waiver was requested so that we could expedite receipt of the funds, and there is a companion bill to this. But I just would like to say thank you so much to the Yurihama Town for this donation and for our lower Puna area, and ask for your support. Ms. Sako is here for any more questions. I yield. CHR. CHUNG: Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. I'm going to be speaking in support of this, but I'd like to ping my two Puna Council Members. You know, on the companion bill we received monies when PGV (Puna Geothermal Ventures) and other people donated funds to lower Puna and the recovery efforts. And I haven't seen an attachment as to where the monies should be expended. So I will be supporting this resolution, but when we take up the companion bill there might be an opportunity for you folks to attach an Exhibit "A"just like we did when we received other monies to further guide that money into the district. Thank you, Chair. I yield. CHR. CHUNG: Okay. Anyone else? You know, I just wanted to make a comment about this, and it really does underscore the importance of the Sister City relationships that we have. This is not the first time that we've received, you know, assistance for disasters from our Sister Cities. And we have done the same as well. I think, Ms. Poindexter, you have a close relationship with the Yurihama people. But, you know, it really is a special thing, so I just wanted to make that point. We have a motion on the floor. All those in favor say "aye." Vote on Res. 186-19: The motion to adopt Res. 186-19 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 40 Hawaii County Council-14 June 4,2019 Res. 189-19: APPROVES THE FISCAL YEAR 2019-2020 PROPOSED OPERATING BUDGET FOR THE HAWAII STATE ASSOCIATION OF COUNTIES Requests the Council's approval of the $181,872 proposed operating budget for fiscal year 2019-2020. Reference: Comm. 311 Intr. by: Ms. Poindexter Waived: GREDC Motion to Approve: Ms. Poindexter moved to adopt Res. 189-19. Seconded by Ms. David. CHR. CHUNG: Ms. Poindexter, you wanted to say something? Motion to Amend: Ms. Poindexter moved to amend Res. 189-19 with the contents of Comm. 311.1. Seconded by Ms. David. CHR. CHUNG: We have a motion to amend. All those in favor say "aye." Vote on Motion to The motion to amend Res. 189-19 with the contents of Amend: Comm. 311.1 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. MS. POINDEXTER: So back to the main motion, as amended? CHR. CHUNG: Yes. MS. POINDEXTER: So we have the Operating Budget. The amendment was just to make a MR. HENRICKS: Excuse me, I'm so sorry. MS. POINDEXTER: No, go ahead. MR. HENRICKS: And just for clarity, the amendment was just to swap out the Exhibit "A". The resolution doesn't change, and then at this point, we would hold over discussion unless there's a motion to suspend the Rules to allow for further discussion and voting today. Page 41 Hawaii County Council-14 June 4,2019 Vote on Motion to Ms. Poindexter moved to suspend Council Rule 24 to Suspend Council waive the holdover for the substantive amendment of Rules: Res. 189-19. 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. Go ahead. MS. POINDEXTER: Okay. So we have the budget before us, and yesterday I know that a question came up about the conference. So if you look at the conference income, we always have $25,000 budgeted, meaning we have to make that revenue at a conference and put it back into the account as a revenue into the general account. So, what happens is, you have the conference; whatever's extra from that conference goes back into the general account. The conference account, and I double-checked with Kelly who will be treasurer in Honolulu, $5,000 is what the seed money is normally for the conference account. And that, too, gets paid back through the revenues made out of the conference that gets thrown back into the general account. So, that conference is like a fundraiser, I think. Not I think, it is, and that's why, you know, I would suggest. I know that Council Members Ashley Kierkiewicz and Villegas are going to get onto HSAC (Hawai`i State Association of Counties). And I would strongly recommend, you know, looking at budgeting some stuff for maybe even an executive director or a consultant or something. I would say an ED (Executive Director) because there needs to be some kind of continuity, and we need to have somebody there fundraising for us. Usually an ED will grant write and fundraise, but we don't have one. So, we rely on the counties to be the fundraisers and you know we rely heavily. And I've looked back through the years on the annual conferences to be the big- ticket item for us to bring in money. So we've got to work hard there. But if we had an ED, even a part-time one, that could be doing the fundraising, which normally is a job of an ED in any non-profit, is to make sure the funds keep coming in. And continuity when—because executive members keep changing; we're new to this. I mean the legislative process should start now, you know. Page 42 Hawaii County Council-14 June 4,2019 And that ED can be the one building those relationships at the State and at the Federal level in helping us to even develop our legislative package, you know. Every year it's kind of like last-minute done; get there, rush through. So, I'm just giving you my thoughts and I think what could work best. Because if you look at last year's budget, we took out a lot of—we zeroed out some accounts and put it up into Miscellaneous because for years we were not even using those accounts. And those were, I think, from line 25. See, adjustments for travel and related expenses will decrease. It will go to zero and be added to HSAC Executive Committee Miscellaneous. So there were a lot of those that we ended up zeroing out because for years, never got used. So we threw it into Miscellaneous so that the Committee can go back and put that in where we need to spend it. Yeah, so, any questions? CHR. CHUNG: Anyone? Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Val, could you just provide a little bit more context around the Miscellaneous line item that you mentioned? Because, it's jumped from what was budgeted as $2,000 and now is at $28,000, and so you're saying there's some discretion by the Executive Committee to now identify how best to use that money. Because in the past, there are a number of items—for instance, Prescription Drugs Scholarship Program, County Leadership Institute attending—we just weren't spending the money on these items. MS. POINDEXTER: Right. You just answered your question. MS. KIERKIEWICZ: No, but I'm saying, what sort of specifics are you guys thinking we could potentially use the money on? It's a lot of money to just have sitting. MS. POINDEXTER: Right. It's a lot of money to put in there, and that's why I suggested maybe looking at an ED, a consultant, what I just stated earlier. So it's up to you guys. You're going to sit on the Executive Committee, so you're going to get to decide how to move this forward from here on, right, if this passes? But we zeroed out—we were going to leave it and then, you know, Council Chair King said, you know, "For years we haven't used that. Why are we budgeting on those line items? Because then it gets stuck in those. You don't have a way to move it, right? Putting it in Miscellaneous and deciding where it goes, that's what you guys should be doing." But, yeah, and I see the shaking of the head "no," so I'll wait to hear from Council Member Lee Loy. But, any other questions? MS. KIERKIEWICZ: Yes, I have a few more questions. MS. POINDEXTER: Okay, go ahead. Page 43 Hawaii County Council-14 June 4,2019 MS. KIERKIEWICZ: If you could just provide some clarity around Line Items 15 and 16, the NACo (National Association of Counties) travel. So for 15, does the board denote delegates to the HSAC Committee? MS. POINDEXTER: Yeah, in the bylaws. If you don't have the bylaws—it clearly explains thatI can pull it up and read it to you. On NACo, we're responsible for travel. So that's clearly spelled out in the bylaws. So you want me to read exactly from there? MS. KIERKIEWICZ: No, I'm just providing context for everyone here because we don't have the bylaws in front of us. MS. POINDEXTER: So the NACo travel, air, board, lodging membership—the NACo one is for the Executive Team. MS. KIERKIEWICZ: And then the Steering Committee are the individuals that we appoint? MS. POINDEXTER: No. The individual Steering Committees, if you belong to that, you're responsible for your own travel. MS. KIERKIEWICZ: Okay. And then the Promotion and Outreach line item, No. 30, for March 2019 Year to Date. No money was expended yet we're budgeting nearly 15,000. MS. POINDEXTER: Okay, which line item is that? MS. KIERKIEWICZ: Thirty, HSAC Promotion and Outreach. And I wondered how that differs from the Consulting Fund. Is the Consulting Fund what we use to pay for a PR (Public Relations) firm to provide advice? MS. POINDEXTER: Yeah, that's what we use, and to help us with the legislative MS. KIERKIEWICZ: So we hire a PR firm and potentially a lobbyist to help us with our efforts? MS. POINDEXTER: Yeah. They're calling it a consulting firm, but the Promotion and Outreach is the—you know Scott? Remember, you came to that meeting and we had ? MS. KIERKIEWICZ: I remember Scott. So do we pay for him out of Consulting Fund? MS. POINDEXTER: No, we pay for him out of Promotion and Outreach. Page 44 Hawaii County Council-14 June 4,2019 MS. KIERKIEWICZ: So will he send a bill at the end of the year? Because, Year to Date, no money's been expended through Promotion and Outreach. MS. POINDEXTER: Well, yeah, some of the line items may still say zero, but like the Year to Date March NACo Travel—oh no some of them is in there. Not all of them is in because their year didn't end yet. So I don't know when that one is going to go in, but I can put you MS. KIERKIEWICZ: So Scott's on an annual contract? MS. POINDEXTER: I believe he is on an annual. I don't know when his contract ends. MS. KIERKIEWICZ: I know you've been a member, a delegate, and an alternate to HSAC for a number of years. So just wondering how you think we can best utilize the Promotion and Outreach money; 15,000, I think can go a long way in helping to build the HSAC brand. So,just your thoughts on how we can better do that. MS. POINDEXTER: I think what they're doing is a good thing. The Outreach and the Promotion was, especially during our legislative session, it was happening. They used that to put out press releases, you know, during the bills that we were pushing. So if you guys want to talk about that more, you're going to have a lot more input on this. So yes, I believe we should have more outreach. But most importantly, if we had an ED you wouldn't need to increase that because the ED would be helping to do all of those activities. MS. KIERKIEWICZ: So the Promotion and the press releases, they were coming out typically during legislative session. And once that was done, Outreach kind of hit the pause button? MS. POINDEXTER: Yeah, I don't know during Dru's time. I know that—and what they used that for, because I know we didn't end up using it this year during the legislative time. It's still there and they may still use it for the conference or whatever they would need assistance in Outreach. MS. KIERKIEWICZ: Okay. Thank you for all the explanations, because this is the only forum in which we can all talk. I just wanted to make sure I got all of the questions out there. MS. POINDEXTER: But you guys are also always welcome to the HSAC meetings. When you see the budget coming up for discussion, I really would encourage you guys to attend those meetings because there is no Sunshine Law when we talk at those meetings. We're not bound by the Sunshine Law there Page 45 Hawaii County Council-14 June 4,2019 when we're talking about the HSAC, when we're there and talking. So, I would really encourage you guys to come to the discussion during the budgeting time. It's really important. Thank you. MS. KIERKIEWICZ: Okay, Chair, I yield. CHR. CHUNG: Mr. Richards. MR. RICHARDS: Yeah, thank you and thanks, Val. On the budget, the Fiscal Year 2019 goes from when to when since we all have different fiscal years? MS. POINDEXTER: Yeah, it's the same as our fiscal year, July through June. MR. RICHARDS: Okay, July through June. So, Fiscal Year 2019, are we in Fiscal 2019 right now? MS. POINDEXTER: Yes. MR. RICHARDS: Okay. So, one of the line items for Revenue is Fund Balance, which is 107,000. Now, if we spend it this year, how is that going to be a line item source of revenue for next year? MS. POINDEXTER: Yeah, well, they don't look at spending it, right? Because what they're trying to do is, from my understanding and talking from even past presidents, even like with Mel Rapozo them, when we come to the NACo Conference, it's a big-ticket item that we need to be prepared for. So, you know, they're not looking at spending this. MR. RICHARDS: Okay, what's listed as a total expenditure, and looks more like a balance sheet than a budget. So, okay. Thanks, I yield. MS. POINDEXTER: Okay, and again, you guys are welcome to come to HSAC when we do budgeting. Okay. Next? CHR. CHUNG: Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. Yeah, I have to agree with Mr. Richards. This just looks like a balance sheet not a budget, because I can't see where we're increasing the budget for 2020 by $62,550, and I don't see where it's coming from. And I heard the explanation, it's being moved from one account to another, but I don't see it. And maybe I'll just backup a little bit. What happens if this Council does not approve this amendment? MS. POINDEXTER: Then we'll deal with that at the general membership meeting. So it's up to you guys. Page 46 Hawaii County Council-14 June 4,2019 MS. LEE LOY: And then you mentioned, you know, we're all welcome to participate or go to the HSAC Conference. But I'm looking at, you know, costs for travel and travel-related expenses. Is that fund available to any Council Member who wants to go or just delegates? MS. POINDEXTER: Yeah, let me get to the bylaws too. I'll read it because this is the second time it's coming up. And it doesn't pay for just members. It pays for the Executive Committee and the board members. So, on the travel expenses, "Executive Committee member or their designated alternate." So, if the member cannot go, and that's happened before too when Dru couldn't go, I would go. That would come out of our HSAC account. Is that what you're looking for? MS. LEE LOY: Yeah, but I was just wondering, the HSAC dues, it comes from our County into this fund right? We contribute into the HSAC fund. MS. POINDEXTER: Right. It's to do the HSAC work, yeah. MS. LEE LOY: Right, but you're encouraging all of us. And so only the two delegates get it, but the entire Council pays for it. So I was just trying to understand that. MS. POINDEXTER: So that's why have the DAE (District Allowance Expense), and I think that's why when "Fresh" asked us to put it into our own separate accounts, we could choose what we wanted to do. And if you want to attend as a member, then yes, you have to pay the costs, because even the staff would have to pay. There are no freebees at HSAC, so it comes from somewhere. So this Council approves Ashley and Rebecca to go, so the money goes—what we fund is to help them get over there, right? So each County has representatives. So that funding pays for their travel. MS. LEE LOY: Well, I completely understand. I just think that if they want more participation from everybody MS. POINDEXTER: Then we should pay more membership dues, because our membership dues areI mean if you look at what we pay. What is the total that is paid for the counties, and I've got to go find out what our portion is, then maybe we should increase our membership. And that's up to Ashley. Ashley, you guys can decide that and change the bylaws and say, "Hey, let's bump up the membership dues so that we can pay for each Council Member to go to whatever." So that's—you have the opportunity to bring it up. Anything you want to change that Council Member Lee Loy is talking about, go for it. MS. LEE LOY: Well, maybe let me ask this. You've done a lot of work and have sat on this committee for a while. Will you continue to go now that ? Page 47 Hawaii County Council-14 June 4,2019 MS. POINDEXTER: Of course. MS. LEE LOY: Okay. MS. POINDEXTER: I've always gone, even if it wasn't paid for me. I was rarely ever paid. It came out of my DAE. Rarely ever paid. Only maybe a couple of times that Dru couldn't make a Honolulu meeting. But all the HSAC conferences, all the NACo, I paid out of my own DAE. I didn't ask for HSAC to pay for travel. MS. LEE LOY: Okay, you know, I just have a lot of questions and specifically just because I just see this as a balance sheet. And there's $181,000 in this account and I'm just not seeing, you know, the revenue expense and the return on investment frankly. And maybe if, you know, I don't want to hold up the rest of the counties, but what I see before me and the questions that are being asked, I'm going to be voting "no"unless we can put a pin in it and get more information. Thank you, Chair, I yield. MS. POINDEXTER: Yeah, and that's your choice too. Whatever your opinion is, but know that this budget has been this way forever. Or you want to call it a balance sheet, then there's another suggestion. If Ashley and Rebecca are going to be on there, then go change it. Or whoever is the Treasurer, you guys can work as a committee to change however you want the budget to look. But, this has been the budget for as long as I know I was there, and maybe even longer. So this is the way they produce it. If you guys don't like it, then we need to bring that to the Executive Committee. So, thank you for that. Relinquish Chair: At this time, Chair Chung relinquished the chair to Acting Chair Eoff ACTING CHR. EOFF: Okay, thank you, Ms. Poindexter. You yield or more questions? MS. LEE LOY: You know, I'll take exception to that, but we're asking all our department heads in our own County budget to be a little more innovative, little bit more transparent, you know. And I hear what Ms. Poindexter is saying, this is how it's always been. But here's an opportunity to change. And so if this sends a signal to the larger HSAC Executive Committee, I'm willing to send that signal. So with that, I'll yield. Thank you. ACTING CHR. EOFF: Thank you, Ms. Lee Loy. Ms. Poindexter. MS. POINDEXTER: I just want to—yeah. This proposed budget has been sent out to every single one of you. You guys knew it was coming up before. If you Page 48 Hawaii County Council-14 June 4,2019 had a problem, attend the meetings or even send me some information on what you guys are looking at that you guys don't agree with. This was sent to you guys over a month ago. Thank you. ACTING CHR. EOFF: Thank you. Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Sorry, off topic, but on topic. The NACo Prescription Discount Card Program. Can you explain that for me? ACTING CHR. EOFF: Excuse me, before you do, Val, I just need to say that I've assumed the Chair. Thank you, go ahead. MS. POINDEXTER: Yeah, the NACo Prescription Drug Program. Every County has an opportunity to participate in that program. And depending on what health providers would want to accept to be part of that program, you can go there and get a discount. So, you can go online and print out a card and it'll have who the health care providers are that you could go to and get a discount. And what happens is a percentage of that comes back to HSAC. And that's why at one point they had the Prescription—if you look in the budget—they had a Prescription Drug Scholarship Program. And they were going to take the money that we received back from that program to give scholarships to students who are going into the health care field, but it never happened. Yeah, but then, so that's I'll send you the link that I sent "Becca" online. MR. KANEALI`I-KLEINFELDER: So that, do we participate in that? MS. POINDEXTER: Yes. MR. KANEALI`I-KLEINFELDER: So, I'm reading this right now, it says, "The cards may be used by all County residents regardless of age, income, or existing health coverage. There's no enrollment form, no membership fee, no restrictions, no limits or frequency of use. Card members and their family members may use the card anytime their prescriptions are not covered by insurance." That's open for anybody in the County? MS. POINDEXTER: Yeah. If you go to the website, you can print out a prescription card. That's because our County is participating in that. But you've got to remember it's going to whoever—CVS, I think is part of it. So if you go to CVS (CVS Caremark), there's a percentage that you can get off of your meds. MR. KANEALI`I-KLEINFELDER: I just thought that was neat. So if anyone's listening, there you go. I yield. Page 49 Hawaii County Council-14 June 4,2019 ACTING CHR. EOFF: Thank you. Are there any other comments or questions, Council Members? Seeing none, then all in favor of Resolution 189-19, as amended, please say "aye." Vote on Res. 189-19: The motion to adopt Res. 189-19, as amended to Draft 2, Draft 2 was carried by the following voice vote: (Adopted) Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: Council Member Lee Loy— 1. Absent: None. Excused: None. Relinquish Chair: At this time, Acting Chair Eoff relinquished the chair to Chair Chung. 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 80: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Increases revenues in the State Emergency Medical Services (EMS) account ($2,678,908); and appropriates the same to the following Fire EMS accounts: Salaries and Wages ($2,071,724), Other Current Expenses ($36,028), Equipment ($250,000); and the Retirement Benefits account ($321,156). Funds would be used towards collective bargaining increases and new medic unit startup in fiscal year 2018-2019. Reference: Comm. 310 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 80 on first reading. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. CHUNG: Ms. David. MS. DAVID: Yes, thank you. And I see Battalion Chief Honda here. Aloha. This matter was requested that it be waived to expedite it through the process. Would you come up and just explain why we're trying to get this done as quickly as possible? Good morning. Aloha. (Note: At this time, Hawaii Fire Battalion Chief Chris Honda came forward to address the members of the Council.) Page 50 Hawaii County Council-14 June 4,2019 BAT. CHIEF HONDA: Good morning. Battalion Chief Chris Honda, EMS Bureau. Yes, we're up against a time constraint for this money with the startup for the Puna ambulance. So, we ask to expedite the process so we can move forward with purchasing equipment and a vehicle to support the Puna ambulance which is much needed. So I guess, long story short, we're up against a tight timeline. We have to get the monies and everything procured by the end of this fiscal year. MS. DAVID: Thank you very much, Chief, and yes that's a great thing. I yield for now and ask for your support. CHR. CHUNG: Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Hi, Chief, good to see you. I was just curious, when were monies appropriated from the State? Which legislative session? BAT. CHIEF HONDA: I'd like to defer that to our accountant. Melanio will be able to explain about the financial side a little bit more, but as he's coming up I just want to reemphasize,just show you quick data. I know it's your district. But you know,just looking at the numbers that this ambulance has been—the volume that we've been dealing with out there, it's just unbelievable. The Pahoa ambulance last month, when looking at the numbers, ran about 172 alarms, 172 medical calls. And the second ambulance ran 142. So if we didn't have that ambulance, that'll be an additional 142 divided by roughly two, added on to the existing Puna ambulance and probably Kea`au. And that would have affected our town here because once Kea`au is out, Haihai and then Central goes out. So, we saw our response times decreasing, our availability for the community much better. So everything's been working very well. (Note: At this time, Hawaii Fire Accountant IV Melanio Lorenzo came forward to address the members of the Council.) MR. LORENZO: Hi, good morning. Melanio Lorenzo with the Hawaii Fire Department. The appropriation for the additional funds is on a contract modification with the—usually the State appropriates our Operating Budget on a biannual basis, and these additional funds to start up the Puna Medic was appropriated back in the State Legislature in December. MS. KIERKIEWICZ: In December of 2018? MR. LORENZO: 2018, yes. But we didn't get the secured contract until March. Page 51 Hawaii County Council-14 June 4,2019 MS. KIERKIEWICZ: Now we have less than a month to spend $2.6 million? MR. LORENZO: Well, we have right now currently in procurement for the ambulance and then because we're staffing the Medic Unit on overtime, I think. BAT. CHIEF HONDA: Yes and that's true because we couldn't make it to a permanent slot until we had secured funds, which we are in the process of turning those temporary positions into permanent positions. MS. KIERKIEWICZ: And, Chief, those permanent positions will be funded by a State grant on an ongoing basis? BAT. CHIEF HONDA: Yes, from the 2020 budget. MS. KIERKIEWICZ: Okay, that's helpful. Alright, I just want to make sure that we're able to spend the money and that we're not liable to have to return anything in the event that we're unable to. BAT. CHIEF HONDA: I think we're on par to exhaust everything. And with that were some big-ticket items. I mean an ambulance now is running anywhere from $220,000 to $240,000. EKG's (Electrocardiograms) are expensive. All the equipment to get the ambulance to what we call Chapter 72, which is the minimum qualifications or minimum equipment required by the State to run as an Advanced Life Support ambulance here in Hawaii, is quite costly. So, we had that ready to go once we got the funds, and we launched that as soon as we got it. So it looks like we're on par to exhaust the funds and utilize as best as we could. MS. KIERKIEWICZ: Okay, that's great to hear. Thanks to everyone in your department and our Big Island delegation, specifically our Puna reps, for really working hard to advocate for this long-needed resource for the community. Thank you, I yield, Chair. BAT. CHIEF HONDA: Thank you, guys. CHR. CHUNG: Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Good morning. I heard you outside congratulating on the raises, good job. I just wanted to ask, has there ever been a thought put forward towards doing ambulances that are four-wheel-drive capable? BAT. CHIEF HONDA: Yes. Page 52 Hawaii County Council-14 June 4,2019 MR. KANEALI`I-KLEINFELDER: Especially for Puna, since we're so rural and so rough. BAT. CHIEF HONDA: In fact, many of our vehicles which we have purchased probably over the past four or five years are four-wheel-drive equipped. We tried multiple different vehicles and we came to the Ford F350 Four Wheel Drives. And the reason for that is the ride. It's a lot smoother than the 450's, and having a four-wheel-drive ability is definitely very advantageous because of the terrain that we deal with out there. And it's been working very well. And that actually came from a committee that—on every new ambulance we've built, we incorporated a mechanic shop as well as end users, and we brainstormed and kind of fine-tuned each ambulance to make it user friendly as well as mechanically friendly. And I think we're at the point that we've kind of fine- tuned that to get the, I guess, the ultimate perfect ambulance for our department. So, yes, they are four-wheel-drive vehicles. MR. KANEALI`I-KLEINFELDER: How about the water trucks or the response units for Fire? BAT. CHIEF HONDA: Yes. A lot of them are four-wheel-drives, especially our brush trucks that you're going into remote areas for wild land fires, yes. MR. KANEALI`I-KLEINFELDER: Okay, good. Thank you. CHR. CHUNG: Okay, anyone else? If not, we have a motion on the floor. All those in favor, signify by saying "aye." Vote on Bill 80: The motion to pass Bill 80 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. Page 53 Hawaii County Council-14 June 4,2019 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) First Reading: May 21, 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. David moved to pass Bill 72 on second and final reading. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. CHUNG: Ms. David. MS. DAVID: Yes, this passed out of first reading and I ask for your continued support. CHR. CHUNG: Okay, anyone else? If not, we have a motion on the floor. All those in favor say "aye." Vote on Bill 72: The motion to pass Bill 72 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. Bill 73sorry, go ahead, Ms. Poindexter. MS. POINDEXTER: On Resolution 189-19, I forgot to do a motion for the five- day holdover. Is that appropriate? CHR. CHUNG: Yeah, Mr. Clerk? Okay, we have a motion. So moved. All those in favor say "aye." Page 54 Hawaii County Council-14 June 4,2019 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: Ms. David 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. Poindexter. Sorry. MS. POINDEXTER: Thank you. CHR. CHUNG: Bill 73. 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) First Reading: May 21, 2019 Motion to Approve: Ms. David moved to pass Bill 73 on second and final reading. Seconded by Ms. Eoff CHR. CHUNG: Ms. David? Same thing. Okay, anybody else? If not, we have a motion on the floor. All those in favor say "aye." Page 55 Hawaii County Council-14 June 4,2019 Vote on Bill 73: The motion to pass Bill 73 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. Let's go back to Bill 79. Return to Order The Chair directed the Council to return to the order of business. of Business: Bill 79: 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 Contribution from Private Source account ($9,245.22); and appropriates the same to the 2018 Lava Disaster Relief—Private account. These donated funds would be used to offset costs incurred during the 2018 Lava Disaster in the lower Puna region. Reference: Comm. 307 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 79 on first reading. Seconded by Ms. Kierkiewicz. CHR. CHUNG: Ms. David. MS. DAVID: Yes, I just ask for your support on this one. If anyone has questions, then I think Ms. Sako is here to answer them. CHR. CHUNG: Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Very grateful to our counterparts in Japan for recognizing that there's still a huge need for lava recovery. And I just wondered, Director Sako, if you could provide any insight into how these monies could potentially be used? Or if you're looking for help from Puna Council Members to help articulate what the needs are. Page 56 Hawaii County Council-14 June 4,2019 (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: Good morning. I don't thinkI did not talk to the recovery team before coming down here today, so I don't know that there's a specific plan. But definitely, you know, if there is a plan from the Puna Council Members, I think that would be welcomed. MS. KIERKIEWICZ: Thanks. That's helpful to know. I think Matt and I have a meeting with the recovery team on Friday. So, we'll make sure to bring this up and see if there's anything that we can do from a policy standpoint to put the money to good use and to let the donors know how we're going to be spending the money. Thank you. CHR. CHUNG: Okay, anyone else? There being no further discussion, all those in favor say "aye." Vote on Bill 79: The motion to pass Bill 79 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 82: AMENDS ORDINANCE NO. 18-68, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Transfers revenues in the Miscellaneous Insurance Claims and Judgment account ($1 million); and appropriates the same to the Transfer to Self Insurance Fund account. Reference: Comm. 314 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 82 on first reading. Seconded by Ms. Eoff CHR. CHUNG: Any discussion? There being none, all those in favor say "aye." Page 57 Hawaii County Council-14 June 4,2019 Vote on Bill 82: The motion to pass Bill 82 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. 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.) Bill 63: AMENDS CHAPTER 2, ARTICLE 25, SECTION 2-139 OF THE HAWAII (Draft 2) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE PROCEDURE FOR AWARDING GRANTS TO NONPROFIT ORGANIZATIONS Proposes a $1.5 million increase to the appropriation for grants-in-aid awarded annually in the County's operating budget. Reference: Comm. 234.2 Intr. by: Ms. Lee Loy First Reading: May 21, 2019 Vote on Bill 63: Ms. Lee Loy moved to pass Bill 63, 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: Okay. Page 58 Hawaii County Council-14 June 4,2019 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 First Reading: May 21, 2019 Motion to Approve: Ms. Lee Loy moved to pass Bill 64 on second and final reading. Seconded by Mr. Richards. CHR. CHUNG: Any discussion? Yes, Ms. Villegas, please. MS. VILLEGAS: It was my understanding that there was going to be some review of this. And the potential for consequences of having your windows tinted and noncompliance might be moved to another part of the Code where it wouldn't be the option of impounding somebody's vehicle, wouldn't be the consequence. But what I'm seeing there in the board is just that the term "may" is once again being underlined. I have serious reservations about providing that power. I think that we're in a tough time for our police officers in general. There's a lot of struggles; all you have to do is watch the news. And I just don't think that providing this opportunity for them to have to make a decision like this. I think that the consequence does not suit the potential crime. And I feel like it would be more appropriately placed under a part of the Code which designates for a citation of some capacity. So, especially with—and I've had a number of constituents point this out to me that police vehicles have questionable tinting on their cars. So it wouldI really feel like this is going to create—has the potential to cause more conflict and not really be a resolution to a situation or a circumstance. I fully believe that we people's windows being tinted too much creates a safety hazard for our medical responders and the Police Department. However, I just don't believe that this is where the consequences should be listed in our Code. Thank you, I yield. CHR. CHUNG: Anyone else? Yeah, sure, Ms. David. MS. DAVID: Thank you, Chair. I just had a question on this because basically I've been having emails too regarding even the use of the word"may"; leave it to the discretion of the police officer when you're pulled over. And so I was just wondering what the Police Department's position is because they are the ones that will ultimately have to process this, impounding someone's car. For me, I've Page 59 Hawaii County Council-14 June 4,2019 been receiving emails basically saying the same thing: The crime doesn't fit the penalty, and the decision on whether to impound a car is basically left up to our police officers. So, I was just wondering if you had a discussion with the Police Department, if I may inquire? CHR. CHUNG: Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. Thank you for both those questions. So I had asked both Prosecuting Attorney's Office along with the Police Department, and they weren't able to make it, but I want to walk back, and we had a discussion with Mr. Kamelamela at our last meeting about, you know, this specific "may." And under this Code, all of that applies: driving without a license, driving while suspended, license revoked. All of those are options. But this is related to towing a vehicle, right? So that is one more option in which a vehicle can be towed. Now walking back to the tint part, and I did, I tried to look at different areas on where this would fit. And unfortunately, I couldn't find it to fit as nicely with the rest of the options that are afforded to have a vehicle towed. I also went and looked at different sections of our Code regarding traffic laws. We have it in Section 24-14. There's provisions that currently exist within HRS regarding tint itself and how much tint can be put on a car. And it's hard to water down a County ordinance when our State statutes holds the line. So when we talk about tint, that's done with the safety check piece. And so, I even thought about, well, the first citation for example would be a warning. But because you have to go for a safety check once a year, at some point it would be resolved. So all of these options are resolvable. And so, I really did—again unfortunately, because we operate under the Sunshine Law, this is where I have to have the conversation. I think, again, if it's really nicely, I know there were some emails regarding tint and people who are maybe breaking the law, but we also did get letters of support regarding the use and how this can be a tool and a safety mechanism. I just want to put it out there that aside from some of the other conversations that are being had about who has illegal tint, I run and bike. And when I'm running and trying to cross the street, I am trying to make eye contact with some of these individuals in the car, and I cannot see in. So I don't know if they see me. So even if we took all that other stuff off the table, it really bowls down to a safety mechanism that's afforded to everybody. I'm willing to do whatever the rest of my colleagues want. I'll be more than happy to bring the Prosecuting Attorney's Office forward. Again, it's just another tool in our tool belt that provides a safety mechanism for everyone. So, Chair, thank you for letting me express. Page 60 Hawaii County Council-14 June 4,2019 CHR. CHUNG: Go ahead, Ms. David. MS. DAVID: Thank you for that, Ms. Lee Loy. And I really think that, you mentioned the fact that at safety check—now, I believe that they will not safety check your car,period. And so, then that brings to questionI like your idea about, you know, bringing back like Prosecutor's and stuff because I think with the regulation that recently passed as far as the safety check and making sure that these people don't go, you know, tint too much, I think it might resolve some of the questions that you're having but I'm not sure. You know the towing will basically cost somebody money to pay for the towing and get their car out, and that's for tinting. And so, I'd like to get more information about this, especially since this new tinting law came out. And everybody needs a safety check. The guys that don't get a safety check and run around, granted, right. And so, that's totally different from people who, you know, want to follow the law and just don't want to overburden our community with something that might be resolvable by the recent tinting law. But I leave it up to you. I would really appreciate more talk about this before we make something final. Appreciate it, I yield. CHR. CHUNG: Ms. Poindexter. MS. POINDEXTER: Yeah, I'm concerned about theI think the last time I spoke, I was leaning more towards it not taking effect upon its approval because I think we've got to give people time to check. Like I want to go check my front windows; I'm sure it's not. But it'll give people time to go and check if their windows are in compliance or not. Because like I stated in the last meeting, Council Member Eoff's safety check is what brought the attention to the windows. But if she didn't have that safety check, what would have happened? So I really think it shouldn't be "upon approval,"because it should give us some time, and even the police officers who may have tinted windows themselves, to get it all corrected. Because if not, they've got to start giving themselves tickets as well. So, I would really want to see this postponed until we canI wouldn't mind passing it if the date wasn't "upon approval,"if we had some time. So at this time I'm not supporting it, but I'll support a postponement. Thanks. CHR. CHUNG: Ms. Eoff. MS. EOFF: I just had a question. So if the HRS is already in effect, which provides for penalties, right, how else could we codify that? Or do we even need to? I mean there's only—right now you can get a fine of, I think it's between, is it $500 to $1,000 or, no, not less than $250 or more than $500? It's one of those two. So, if you got pulled over and your windows are too dark, you could get a Page 61 Hawaii County Council-14 June 4,2019 MS. LEE LOY: Yes, there would be a boutique suite of options for a citation. But let's keep in mind, the infraction already occurred, right? Your tint is illegal pursuant to HRS. So already this option of whether someone can be cited, the "may" option is available already. This is related to the towing part, in which an individual who has already crossed in the infraction would be cited and could be or may be subject to their car being towed at their expense. So again, you know, I think MS. EOFF: So, it's actually compounding the offense here on Hawaii Island. I mean you already could be cited for the offense, but now you may be subjected to having your car towed. And so the question I think here is whether that is going too far, and whether that needs to be the penalty on top of the fine and the citation that you already can or would get for violating this, right? So there really isn't anywhere else you could put it. It already exists. You just wanted to add this sort of additional layer of a penalty, right? MS. LEE LOY: Again, "may" at the owner's expense. MS. EOFF: Okay, yeah, I don't know. I would support a postponement if people continue to want to ask questions. I don't know, I just wanted to make sure I understood. Thank you. CHR. CHUNG: Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: So I thought about this from our last meeting. We had a lot of, I'd say, more negative than positive feedback on this one. At least some people that I know. So I played it over in my head. We talked about Karen being pulled over, as an example. But you said you got a dark tint, yeah? So I was picturing Karen getting pulled over. I'm not seeing Karen get arrested. So I pictured somebody else, somebody else that I would know, people that anyone knows. If they got pulled over, depending on their character, they would get arrested. Karen, no. Someone else, yes. Tim—like if you put Tim, you saw him with a dark tint, boom, he's done. While it serves the purpose of creating security and keeping our officers safe, that "may" option does create the ability of the officer to tag someone upon pulling them over for one of these reasons. To tow them at his or her will on how they feel about the person. And while I understand that, it does open a door to allow for officers to make decisions on character alone. Karen, no. A random guy from Puna, maybe. Me, maybe. So it opens the "may." That "may" door is an interesting option, but I'm not sure how you'd get around that, because I understand the wording. I understand what you're giving. I understand this is a tool in the tool belt. But how to create security for the people Page 62 Hawaii County Council-14 June 4,2019 who know this is in effect and create security for you as a pedestrian or for a police officer pulling someone over, I can see the dilemma there. So I'm kind of unsure on how to proceed, honestly. CHR. CHUNG: Anyone else? Yeah, you know, during the last go-around, I listened to some of the comments that were being made. And then I did look at Ms. Lee Loy and I said, you know, I thought that what Ms. Poindexter brought up actually made some sense. But having looked at this thing closer, now I understand where Ms. Lee Loy is coming from and why we really don't need to hold this off any longer. I got a lot of emails too, and from guys, my friends at the courthouse. They pulled me over, "Hey, what is this thing about the tinting?" But when I look at this closely, it's illegal anyway already, right? It's not where, yeah, they're not supposed to have tinting that is darker than a certain tint. So they can get cited. All Ms. Lee Loy is doing is adding this into a list of other circumstances whereby the police may tow a vehicle. Now, I know the word "may," or anytime you have discretion, particularly as it relates to law enforcement. And I'm kind of surprised that Mr. Sadegh is not here. You know, he would probably be the person who would be screaming about this kind of discretionary power. But it exists for these other classes of vehicles. So all Ms. Lee Loy is doing is putting in another one. And quite frankly, with all of the rash of police shootings that we've been having lately, I would think that this is probably the most important thing, because we don't know who the heck is in these cars. Yeah, it probably has a level of discretion but, hopefully, I would hope that the police don't abuse their discretion, you know, if this thing is passed, or even if it doesn't pass, with regard to any of these other classes of vehicles. And you know, if it passes and the police, we're having a lot of complaints about police indiscriminately towing illegal cars, well, we could revisit the situation. But you know, I'm kind of concerned about what's going on in our community, and it's just very concerning. And I think this is just one more tool that we could have that might hopefully prevent, you know, these shootings that are occurring. I don't know if there's any relationship. I really don't know. But I see where she's going on this, though, yeah. It's an illegal activity already, okay. Anyway, but, Ms. Lee Loy, you've listened to all of the comments today, and I don't know what you want to do, but I'm going to be voting in favor of this. Anyone else? Ms. Lee Loy. MS. LEE LOY: Yeah, you know, again, it's already illegal and that's why I'm listening very carefully and trying to make adjustments, but I can't get past it's illegal to begin with. And this offers one more tool. Page 63 Hawaii County Council-14 June 4,2019 I do want to correct, for the record, that there's been some assertion of police officers having illegal tint. They have vehicle inspections twice a year. Twice a year. So I'm having a lot of heartburn that the suggestion is that officers' vehicles are illegal, because they have vehicle inspections twice a year. So even if they pass their safety check and made a choice to go darker, they would be caught by their peers during the vehicle inspections six months in. So, I really want to take that off the table. That they are actually being held to a higher standard than others. Vehicle inspections are done once a year for everyone else, but for police officers, twice a year, who have subsidized vehicles, which then would walk them back into a section of our Code in which any public employee must obey the laws. So they are going to be held to another standard. I'm going to get real passionate about this one just because one of the testifier's or one of the letters of support call out a specific event in which we lost an officer. So, if there is any compassion on this dais right now, I'd like to hear it. Because I am trying to keep more than our officers safe. I really want to move this forward, and like Mr. Chung said, we can revisit it; that's where I'm at. Thank you, I yield. CHR. CHUNG: Well, before I call on Ms. Poindexter, you know, because I don't know how the votes are going to go here, would you consider maybe deferring this until the next meeting? And we can have our law enforcement people at least weigh in Police Chief and Prosecutor—and then at least we can have them stating something for the record. They may be in strong support, they may not. We don't know. Would that help everyone, you think? But, Ms. Poindexter, you wanted to say something? MS. POINDEXTER: I just wanted to say, because some of the people that I've heard from was—and the reason I guess it said police officers with tint, because they've had, remember the tinted license plates were illegal? And then somebody went to fight it and had pictures of some police officers' cars with those tinted things, so then it got thrown out. So that's why some of those people came up with, well you know, they had the tinted license plates. I see some tinted windows. It may be legal tinted windows, but because of that situation, it just carried onto this. So it compounded the, I guess, the perception of what police can do that we cannot do or whatever. So, that was just a perception, but that's where that all came from. So I'll yield at this time. CHR. CHUNG: Okay, but, Ms. Lee Loy, you want to consider that? You want to make a motion? Motion to Postpone: Ms. Lee Loy moved to postpone Bill 64 to June 19, 2019. Seconded by Ms. Kierkiewicz. CHR. CHUNG: All those in favor say "aye." Page 64 Hawaii County Council-14 June 4,2019 Vote on Motion to The motion to postpone Bill 64 to June 19, 2019,was Postpone: 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. So you're going to arrange for the Police Department and Prosecutor's to be at our next meeting? MS. LEE LOY: Yes, Chair. CHR. CHUNG: Thank you. 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) First Reading: May 21, 2019 Motion to Approve: Ms. David moved to pass Bill 71 on second and final reading. Seconded by Ms. Villegas. CHR. CHUNG: Any discussion there? There being none, all those in favor say Ic aye. Page 65 Hawaii County Council-14 June 4,2019 Vote on Bill 71: The motion to pass Bill 71 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. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. PC-23 NOMINATION OF KAREN ANDERSON TO THE SOUTH KOHALA (Comm. 281): COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: June 15, 2019 (Section 13-4(1), Hawaii County Charter) Vote on PC-23: Mr. Richards moved to adopt Planning Committee Report (Adopted) No. 23. Seconded by Ms. Eoff 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. REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: Comm. 53.1: ELAINE SURNOW, ET AL. V. JODY BUDDEMEYER, ET AL. CIVIL NO. 17-00038 JMS-KSC From Corporation Counsel Joseph K. Kamelamela, dated May 17, 2019, requesting an attorney-client confidential discussion to consult with the Council on a settlement demand, trial strategy, and the evidence and merits of the case. Page 66 Hawaii County Council-14 June 4,2019 CHR. CHUNG: I think that's self-explanatory, right? Normally, we would ask why we would have to go into Executive Session, but once you're dealing with trial strategy and things like that, yeah, I think that's appropriate. And that's all we're going to do, right, Joe, today? Okay. Motion to Close Mr. Richards moved to close file on Comm. 53.1. File: Seconded by Ms. David. Motion to Enter Ms. Eoff moved to enter into Executive Session in order to into Executive hold attorney-client privilege discussion regarding Session: Communication 53.1, as authorized by Section 92-5(a)(4) of the Hawaii Revised Statutes. Seconded by Mr. Richards. Vote on Motion to The motion to enter into Executive Session was carried by Enter into the following voice vote: Executive Session: (Approved) Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Recess: At 11:54 a.m., the Chair called for a recess to clear the room. Reconvene: The meeting reconvened at 1:09 p.m. CHR. CHUNG: Okay, so we're out of Executive Session now, and we have a motion on the floor to close file on this communication. Is the concurring with the recommendation also tied in? Okay, so can I have a motion? Page 67 Hawaii County Council-14 June 4,2019 Vote on Motion to Ms. Lee Loy moved to concur with the recommendation Concur: of Corporation Counsel regarding Comm. 53.1. Seconded (Approved) 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: Now we have the motion to close file on this communication. All those in favor say "aye." Vote on Comm. 53.1: The motion to close file on Comm. 53.1 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. 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. (There were none.) Page 68 Hawai`i County Council-14 June 4,2019 ADJOURN- There being no further business, at 1:11 p.m., Ms. David moved to adjourn the MENT: meeting. Seconded by Ms. Eoff 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: JUL 2 4 2019 COUN _- ►. JH/dt/rk Page 69