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HomeMy WebLinkAboutMIN COUNCIL 2019-08-21 2018-2020 Hawaii County Council 201h Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii August 21, 2019 INVOCATION: Rabbi Levi Gerlitzky of Chabad Jewish Center gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:12 a.m., in the Council Chambers, Kailua-Kona, by Ms. Karen Eoff, Acting Chair. ROLL CALL: Present: Mr. Aaron S. Y. Chung, Chair (via videoconference from Hilo) Ms. Karen Eoff, Vice Chair Ms. Maile Medeiros David, Member Mr. Matt Kaneali`i-Kleinfelder, Member (came in later) Ms. Ashley L. Kierkiewicz, Member (via videoconference from Hilo) Ms. Susan L. K. Lee Loy, Member Mr. Herbert M. "Tim" Richards, III, Member Absent & Excused: Ms. Valerie T. Poindexter, Member Ms. Rebecca Villegas, Member PLEDGE OF The Acting Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Eagle Scout Kaimi Hook led the Council in the Pledge of Allegiance.) PETITIONS, The Acting Chair directed the Council to proceed to the next order of business, MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (There were none.) EXPRESSIONS OF CONDOLENCE: STATEMENTS The Acting Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Acting Chair: Hawaii County Council-20 August 21,2019 Neil Gyotoku: Bill 90 (Comm. 366), in opposition. Dwight J. Vicente: Res. 257-19 (Comm. 411); Bill 87, Draft 2 (Comm. 352.15); Bill 90 (Comm. 366); Bill 92 (Comm. 410); Bill 93 (Comm. 411); and PC-28 (Comm. 386), comment. Ken Melrose: Bill 87, Draft 2 (Comm. 352.15), in support. Jamie Pardau: Res. 246-19 (Comm. 399); and (representing American Res. 249-19 (Comm. 402), in support. Association of University Women) Peter Kubota: Res. 247-19 (Comm. 400), in support. (representing Friends of the Drug Court and Veterans Treatment Court) Christina Basham: Res. 245-19 (Comm. 398), in support. (representing West Hawaii Domestic Abuse Shelter) Grayson Hashida: Res. 247-19 (Comm. 400), comment. (representing Friends of the Drug Court and Veterans Treatment Court) Shirley David: Bill 87, Draft 2 (Comm. 352.15), in support. (representing Kona Community Development Plan Action Committee) Michael Matsukawa: Bill 87, Draft 2 (Comm. 352.15), comment. (See Comm. 352.17) Derwin Nunes: Res. 247-19 (Comm. 400), in support. (representing Big Island Drug Court) Kaimi Hook: Res. 251-19 (Comm. 404), in support. (representing Boy Scouts) Page 2 Hawaii County Council-20 August 21,2019 APPROVAL The Acting Chair directed the Council to proceed to the next order of business, OF MINUTES: Approval of Minutes. Vote on Approval of Ms. Lee Loy moved to approve the Minutes of July 9, Minutes: 2019. Seconded by Mr. Richards and carried by the (Approved) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Poindexter and Villegas —2. Excused: None. COMMUNI- The Acting Chair directed the Council to proceed to the next order of business, CATIONS: Communications. (There were none.) ACTING CHR. EOFF: I've been asked to take a couple of things out of order. There's some people in Hilo. If you don't mind, I'll skip around just a little bit. It shouldn't be too long. One is Resolution 256-19. I believe Lieutenant Serrao is in Hilo. I'm not sure if I said that right. Change Order As directed by the Acting Chair and with no objection from the Council of Business: Members, the following items were taken out of order: Res. 256-19: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE HAWAII POLICE DEPARTMENT Funds in the amount of$32,000 would be used to reimburse overtime costs incurred by the Hawaii Police Department in providing resources to assist with operations of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Reference: Comm. 410 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 256-19. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Ms. David. Page 3 Hawaii County Council-20 August 21,2019 MS. DAVID: Thank you very much. I believe Lieutenant Serrao is in our Hilo office. This was asked to be waived so that we could expedite the funding. Is Lieutenant Serrao in the Hilo office? (Note: At this time, Police Lieutenant Royce Serrao came forward to address the members of the Council, via videoconferencing from Hilo.) MS. DAVID: Good morning, Lieutenant. MR. SERRAO: Good morning. Lieutenant Serrao. MS. DAVID: Thank you for being here. Kind of briefly explain what this grant is and the urgency of having this waived, if you would, please. MR. SERRAO: It's basically if any investigations with ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives), like joint investigations with the Police Department, any overtime incurred or other types of costs, they'll reimburse the Police Department. MS. DAVID: I see. And then, there's a time element to get these funds, and that's why MR. SERRAO: Yeah, before the MOA (Memorandum of Agreement). MS. DAVID: Oh, okay. Great. Thank you very much. I have no questions other than that, and I will yield and ask for your support. MR. SERRAO: Thank you. ACTING CHR. EOFF: Any other questions or comments, Council Members? Seeing none, all in favor say "aye." Vote on Res. 256-19: The motion to adopt Res. 256-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Poindexter and Villegas —2. Excused: None. ACTING CHR. EOFF: Resolution 256 is adopted. There's a companion, and that would be Bill 92. Would you like to just drop to that one, Mr. Clerk? Page 4 Hawaii County Council-20 August 21,2019 Bill 92: AMENDS ORDINANCE NO. 19-73, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2020 Appropriates revenues in the Federal Grants —Bureau of Alcohol, Tobacco, Firearms and Explosives Task Force account ($32,000); and appropriates the same to the Bureau of Alcohol, Tobacco, Firearms and Explosives Task Force account. Funds would be used to reimburse overtime costs incurred by the Hawaii Police Department in providing resources to assist with operations of the Bureau of Alcohol, Tobacco, Firearms and Explosives. Reference: Comm. 410 Intr. by: Ms. David (B/R) Waived: FC Vote on Bill 92: Ms. David moved to pass Bill 92 on first reading. (Approved) Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Poindexter and Villegas —2. Excused: None. ACTING CHR. EOFF: Okay, thank you, Lieutenant. I think I'd like to take Ms. Poindexter's Resolution 251. Res. 251-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BOY SCOUTS OF AMERICA, ALOHA COUNCIL FOR COMMUNITY SCOUT PROJECTS AND ACTIVITIES Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 404 Intr. by: Ms. Poindexter Motion to Approve: Ms. David moved to adopt Res. 251-19. Seconded by Mr. Richards. MS. DAVID: Thank you, Chair. In Ms. Poindexter's absence, she asked me to convey a message to you folks, and I'd like to do that right now. She says she's Page 5 Hawaii County Council-20 August 21,2019 sorry she can't be here today. She wants to say mahalo to the District Executive Honoka`a Camp Director and West Hawaii District Aloha Counsel—Mr. Jason. Is that you, Mr. Ontiveros? Oh, thank you very much. She also wants to thank all the other scout volunteers who gave of their time unconditionally to train our youth to be responsible citizens through their scouting activities. She also says our world is a better place because of your scouting programs and our scouts. So, mahalo a nui loa for being here today, and thank you for all you do. And I ask for your support. I yield. ACTING CHR. EOFF: Thank you. Mr. Richards. MR. RICHARDS: Thank you, Chair. My turn. I'm going to expand on our new Eagle Scout Kaimi Hook. I was invited to his, I guess you'd call, induction ceremony last week. Unfortunately, I was not—Eagle Scout honor. I've been corrected by Councilwoman Lee Loy—Honor Court. So congratulations, Kaimi. As important, I met Kaimi last spring during the Kohala High School Senior Awards Ceremony in Kohala. And I've known the Hook family for quite some time andI mean, I just sort of hit it off pretty well and got the, I won't say close friends, but got to know each other. He is representative of what scouting is, what scouting can bring, and why supporting this is so important. I wholeheartedly endorse it. He is part of Kohala High School, and last year the graduating class of 50 kids had $2 million worth of scholarships for further education. Shocking! But he's the representation of that. And so, I fully endorse this. I fully support it. Keep bringing it, Jason. This is a good program. Thank you so much. I yield. ACTING CHR. EOFF: Thank you. Any other comments? Ms. Lee Loy. MS. LEE LOY: Real quick. I want to say congratulations, Kaimi. I have an Eagle Scout in my own office. And so, I have been very familiar with the Eagle Scout Court of Honor and the hard work and discipline that it takes to earn the rank of Eagle. So, congratulations. Having Eagles in our community is really a blessing for the entire island. Congratulations. ACTING CHR. EOFF: Thank you. Any other comments? Hearing none, all in favor say "aye." Page 6 Hawaii County Council-20 August 21,2019 Vote on Res. 251-19: The motion to adopt Res. 251-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Poindexter and Villegas —2. Excused: None. ACTING CHR. EOFF: The motion carries. Thank you, folks. Let's see. Can we take Resolution 236? I believe Ms. Ung is in Hilo for that one. Res. 236-19: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR LEASES OF REAL PROPERTY FOR THE COUNTY OF HAWAII DEPARTMENT OF INFORMATION TECHNOLOGY AND OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT Authorizes the Mayor to enter into five-year lease agreements with an option for an additional five years with Kaneshiro & Sons Enterprise, Limited and Glenn Kaneshiro Partnership, to allow for the continued occupancy of warehouse space located at 1990 Kino`ole Street in Hilo. Reference: Comm. 387 Intr. by: Ms. David (B/R) Approve: FC-46 Motion to Approve: Ms. David moved to adopt Res. 236-19 and Finance Committee Report No. 46. Seconded by Mr. Richards. ACTING CHR. EOFF: Ms. David. MS. DAVID: Thank you. Did you say that Director Ung is in the Hilo office? ACTING CHR. EOFF: Yes. (Note: At this time, Information Technology Director Jules Ung and Housing Administrator Neil Gyotoku came forward to address the members of the Council, via videoconferencing from Hilo.) MS. DAVID: Good morning, Director. Mr. Gyotoku, thank you for being here also. MS. UNG: Good morning. Page 7 Hawaii County Council-20 August 21,2019 MS. DAVID: So, if you could just kind of give us a brief explanation of this lease. MR. GYOTOKU: This year—in the past, our office, the Existing Housing Division, was stationed at 1990 Kino`ole. During the early part of this year, I consolidated and moved my Administration office up into 1990. In previous months for the Existing Housing, we were paying approximately $9,000. But with the combined Existing Housing and the Administration, I pay approximately $18,000 a month. It's basically paid mostly from Federal funds because my office is subsidized 91 percent from Federal funds. MS. DAVID: Thank you, Mr. Gyotoku. MS. KIERKIEWICZ: Chair, we need to have Mr. Gyotoku state his name and role at the County, for the record. MS. DAVID: Yes, thank you. MR. GYOTOKU: Neil Gyotoku, Housing Administrator. MS. DAVID: Thank you. Director Ung, would you like to add anything? MS. UNG: Good morning, yes. MS. DAVID: Good morning. MS. UNG: So, this lease will allow us to vacate our current premises at the Waiakea Office Plaza, which will then be used for Department of Environmental Management, Wastewater Division. So, that will allow them to consolidate and then we will move to 1990. MS. DAVID: Thank you very much. MS. UNG: And we'll have a(inaudible). Thank you. MS. DAVID: Thank you. MR. GYOTOKU: I just wanted to add that the office that IT (Information Technology) is moving into is the space that my Existing Housing Division vacated when we consolidated into the other 102 room. MS. DAVID: Thank you. Thank you for that, and thank you for sharing. All right. On that, I just ask for your support and thank you for being here. MS. UNG: Thank you. Page 8 Hawaii County Council-20 August 21,2019 ACTING CHR. EOFF: Any comments, Council Members, or questions? Hearing none, all in favor please say "aye." Vote on Res. 236-19: The motion to adopt Res. 236-19 and Finance Committee (Adopted) Report No. 46 was carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Poindexter and Villegas —2. Excused: None. ACTING CHR. EOFF: Can we go to Resolution 247? Res. 247-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF BIG ISLAND DRUG COURT, INC., TO PAY FOR COURT-RELATED SERVICES FOR PARTICIPANTS OF THE BIG ISLAND DRUG COURT AND VETERANS TREATMENT COURT Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 400 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 247-19. Seconded by Mr. Kaneali`i-Kleinfelder. ACTING CHR. EOFF: Ms. David. MS. DAVID: Yes, thank you very much. Thank you, Grayson, and Mr. Kubota in Hilo, for coming. I have no words to say or to add how important this work that you do is and drug court. I appreciate you being here also today. I would really ask my colleagues to support this wonderful program and thank Judge Ibarra also and Judge Fujino for continuing this legacy. Mahalo for your support. ACTING CHR. EOFF: Okay. Thank you, Ms. David. Any other comments? Hearing none, all in favor say "aye." Page 9 Hawaii County Council-20 August 21,2019 Vote on Res. 247-19: The motion to adopt Res. 247-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Poindexter and Villegas —2. Excused: None. ACTING CHR. EOFF: Okay. So, I do have a note that some people from Planning and, I'm not sure if it's the applicant, but could we just go to Bill 90 so they can go back to work too? Bill 90: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—THREE ACRES (A-3a) TO SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-080:013 (Applicant: Charles Umemoto) (Area: approximately 7.631 Acres) The Windward Planning Commission forwards its favorable recommendation for this amendment, which would allow the applicant to apply for a subdivision of the property into 27 lots. The property is located at the end of Mailani Street, on the west side of Ho`omalu Street, Waiakea Homesteads. Reference: Comm. 366 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-29 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 90 on first reading and adopt Planning Committee Report No. 29. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Ms. Kierkiewicz. MS. KIERKIEWICZ: Chair, we have a representative for the applicant, Craig Lindner, here as well as members from the Planning Department available to answer any questions by this body. ACTING CHR. EOFF: Okay. Are they at the table? I cannot see but MS. KIERKIEWICZ: No, they're not. Are there questions? If so, I can call them up. Page 10 Hawaii County Council-20 August 21,2019 ACTING CHR. EOFF: Okay. So, let me check with Council Members. Are there any comments or questions regarding Bill 90? MR. CHUNG: Madam Chair? ACTING CHR. EOFF: Mr. Chung or Chairman Chung. MR. CHUNG: Because this was taken out of order, I think the Public Works Department was taken by surprise. Right now, they are in a lengthy meeting on FEMA (Federal Emergency Management Agency) matters. ACTING CHR. EOFF: Okay. Well, if MR. CHUNG: Oh, I see Bryce is back here. He is here. Okay. That's the person we have to ask, I guess, as it pertains to flooding. ACTING CHR. EOFF: Oh, okay. MS. KIERKIEWICZ: Chair, Bryce is—he's coming forward, and I believe he's going to be addressing questions that were raised about what a grubbing permit entails. (Note: At this time, Civil Engineer Bryce Harada, Department of Public Works, came forward to address the members of the Council, via videoconferencing from Hilo.) ACTING CHR. EOFF: Okay, that's great. Thank you. Mr. Chung, would you like to have the floor still, then? MR. CHUNG: Right. Bryce, you weren't here when Mr. Gyotoku presented us with these pictures, right? (See Comm. 366.2) MR. HARADA: No. MR. CHUNG: Would it be possible for Mr. Harada to just take a look at these things? Or maybe if Mr. Gyotoku could come up and reiterate what he had said. It was a very short testimony anyway. ACTING CHR. EOFF: Okay. That would be great. (Note: At this time, Housing Administrator Neil Gyotoku came forward to address the members of the Council, via videoconferencing from Hilo.) MR. CHUNG: I mean, his concerns were basically about the dyke, right? Page 11 Hawaii County Council-20 August 21,2019 MR. GYOTOKU: Basically, my concern was that they were issued a grubbing permit, and it was stated that the grubbing permit was to help them do a survey so that the engineer could conduct a drainage study. My concern is that the next day after the Planning Commission meeting, I went up there; the entire property was cleared. And they actually had built up a dyke on the bottom part of the parcel. I need clarification as far as what does the grubbing permit allow. It seems to me that they not only cleared part of the property but the entire property, and they built up some dykes right in the middle of the project or the bottom part. MR. CHUNG: Okay, maybe if the representative from the developer can come up as well. (Note: At this time, Craig Lindner, applicant's representative, came forward to address the members of the Council, via videoconferencing from Hilo.) MR. CHUNG: Bryce, do you need some time to digest all of this, or are you ready? MR. HARADA: I'm okay. MR. CHUNG: I guess the first question that was posed would be what was the scope of the grubbing permit? Mr. Gyotoku states that it was for the purpose of surveying the property. Is that correct? Or was it just a general grubbing permit? MR. HARADA: So, the grubbing permit for this particular lot was for the entire property. MR. CHUNG: Okay. So, it wasn't just for the purpose of surveying. MR. HARADA: Yeah, it just covered the whole property, and typically it's MR. CHUNG: Okay. So, it's not improper then, based on the permit, for them to grub the entire property. MR. HARADA: Yeah. MR. CHUNG: Okay. So, at least we got that straight. What about this dyke? I don't know if you can really see it that clearly, but it is discernible in these pictures. There's a slight swale, but I don't know if that's the natural contours of the property or if it's something that was created by the person who was grubbing or grading, depending on how you look at it. Page 12 Hawaii County Council-20 August 21,2019 MR. HARADA: Yeah, it's kind of hard to tell from the pictures, I think. Can't really tell what it looked like before. MR. CHUNG: I know it's difficult to tell towards where this swale or dyke is directed, but let's just assume that we are on the neighboring property. Our vantage point is from the neighboring property. It would seem that there's something directed to it, but I'm just wondering if that's the natural contours or MR. HARADA: Just initially looking at their topo (topographic) map, it does look like there's a natural, I guess, hill in that general area. I can't really tell based off of the pictures. But it does look like it kind of goes up in that area if I'm looking at it correctly. MR. CHUNG: Yeah. I mean, even the picture itself doesn't indicate, to me anyway, that it's a ditch or anything. But I just wanted to know what your thoughts were. So, your review of the topo map would at least,just initially, these pictures would not be inconsistent with what you saw on the topo map. MR. HARADA: Yeah, that's correct. MR. CHUNG: Okay. `Cause certainly, I mean, I guess one of the purposes of a grading or grubbing permit is to make sure that there's no runoff, right, or unnecessary runoff onto an adjacent property or properties. Let's see. I guess the big question is this: How confident are you that the department can put necessary restrictions or requirements on this property to ensure that no additional—that's the term of art, right—additional runoff will be experienced on surrounding or neighboring properties? MR. HARADA: Yeah, I'm confident that, as it goes along, it'll be taken care of. MR. CHUNG: Are you familiar with this area? MR. HARADA: Yeah, I'm familiar with the area. I kind of live around the area. MR. CHUNG: Oh, you live around there. Okay. All right. Just based on your familiarity, would you say it is prone to flooding or heavy runoff? MR. HARADA: Based off of just my personal experience, I'm not sure if this particular area has a lot of flooding. But I'm not sure `cause I don't live, like, directly downstream of that area. MR. CHUNG: `Cause I did take two drives around that property from different vantage points. And it is a higher property, right, than the lower adjacent properties, yeah? Page 13 Hawaii County Council-20 August 21,2019 MR. HARADA: Yeah. MR. CHUNG: I'm just thinking we have a development up here—it's not really a development, but I think it's an eye clinic, yeah—off on Hualalai and Kapiolani. It's almost completed, yeah. As it was being built, I saw them really putting in some extensive drainage improvements on that property. Are you familiar with that? MR. HARADA: Vaguely, yeah. I didn't really MR. CHUNG: I've never seen anything like it before, and I have to credit them for doing that. Maybe those were the requirements imposed by the department. But do you think something like that would be necessary here? Just off the top of your head. MR. HARADA: Yeah, I think MR. CHUNG: I mean, how extensive would the drainage improvements be for this project? MR. HARADA: This particular project, they'll have to take care of the pre- condition, pre-development to the post-development and any runoff generated from that. And for that particular one on Hualalai, there might have been some kind of drainage easement or MR. CHUNG: Right. I mean, that place was prone to flooding. I know that. But I was just kind of impressed. It was almost like a network of drainage improvements, the nature of which I had never seen before, you know, for a single property. Okay. And I know we had discussion about this the last time, but we don't have a flood study yet, okay. You guys would need that, right, before you made your recommendations as to what would be required, right? That's going to set the baseline as to how much improvements would be necessary, right? MR. HARADA: Yeah. So, they would submit a drainage part, and that's typically submitted when construction plans are submitted. MR. CHUNG: Okay. You guys are going to look that thing over with a fine- tooth comb, right? MR. HARADA: Yes. MR. CHUNG: Yeah. Okay. All right. I trust our Public Works Department to do a good job. I know Neil is in a real interesting situation over here. He's our Housing Director, but he's a neighboring landowner. I'm going to be voting in Page 14 Hawaii County Council-20 August 21,2019 favor of this today. This is really going to, I think, address a lot of our housing concerns, particularly as they relate to the middle class. We need housing inventory in Hilo. But at the same time, because you have Neil, who's both Housing Director and here on vacation as a concerned resident, you know what I might have to do? We might have to have the Mayor weigh in on this one too because there seems to be, like, some kind of battle, internal conflict going on within the Administration itself. I would probably ask for either the Mayor or his Managing Director to weigh in on this, at least to give it its stamp of approval. Okay, thank you very much, Bryce. I appreciate it. ACTING CHR. EOFF: Mr. Chung, would you like to have that conversation today, or are you willing to vote on this today? MR. CHUNG: I think either the Mayor or the Managing Director will need some time to really digest this. So, we still have one more reading, right? ACTING CHR. EOFF: Yes. MR. CHUNG: Yeah. Thank you. ACTING CHR. EOFF: Okay, thank you. Any other questions or comments? Seeing none, then, we'll go ahead and move this today and hope to hear more information at the next reading. All in favor, please say "aye." Vote on Bill 90: The motion to pass Bill 90 on first reading and adopt (Approved) Planning Committee Report No. 29 was carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Poindexter and Villegas —2. Excused: None. ACTING CHR. EOFF: Thank you very much for the information that's being provided. Okay. I believe that's all the requests for taking items out of order. We have people waiting on Bill 87. If okay, I'll jump to Bill 87. Oh, someone's from Fire? Which one? Hang on a second, Mr. Clerk. Oh, is it Villegas' CRF (Contingency Relief Fund)? Okay. Let's just do that one, then. Resolution 242. Page 15 Hawaii County Council-20 August 21,2019 Res. 242-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE HAWAII FIRE DEPARTMENT TO ACQUIRE EQUIPMENT TO RESPOND TO EMERGENCY AND HAZMAT INCIDENTS Transfers $8,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Hawaii Fire Department, Fire Protection Equipment account. Reference: Comm. 395 Intr. by: Ms. Villegas Motion to Approve: Ms. David moved to adopt Res. 242-19. Seconded by Mr. Kaneali`i-Kleinfelder. ACTING CHR. EOFF: Any questions or comments? MS. DAVID: Chair, I believe we had discussion in our prior meeting on the importance of this contingency funding for equipment. But if Chief is there or if someone from the Fire Department is there and would like to say something, then we can entertain that. Otherwise, I'm just going to reiterate the request for your support. Oh, there he is. ACTING CHR. EOFF: You can ask him. (Note: At this time, Assistant Fire Chief Robert Perreira came forward to address the members of the Council, via videoconferencing from Hilo.) MS. DAVID: Good morning. MR. PERREIRA: Good morning. Assistant Chief Robert Perreira. Again, we just want to thank MS. DAVID: Thank you for being here. MR. PERREIRA: Thank you. I just want to thank, again, the Council for your support, Ms. David and Ms. Villegas, in today's Council hearing for your donations to our equipment needs. MS. DAVID: Thank you very much. MR. PERREIRA: Thank you very much. MS. DAVID: I'm just going to continue asking for your support on this. Page 16 Hawaii County Council-20 August 21,2019 ACTING CHR. EOFF: Okay. Thank you, Ms. David. Any other comments or questions? All in favor,please say "aye." Vote on Res. 242-19: The motion to adopt Res. 242-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Poindexter and Villegas —2. Excused: None. ACTING CHR. EOFF: Resolution 242 is adopted. I think now we can go to Bill 87, Draft 2. Bill 87: AMENDS THE KONA COMMUNITY DEVELOPMENT PLAN, AS ADOPTED (Draft 2) BY ORDINANCE NO. 08-131 The Leeward Planning Commission forwards its favorable recommendation for the proposed amendments to the Kona Community Development Plan. The amendments are intended to address language affecting the ability to develop projects and to clarify the authority of the plan as an ordinance of the County. Reference: Comm. 352.15 Intr. by: Ms. Kierkiewicz (B/R) First Reading: August 7, 2019 (Note: Comm. 352.16, from Council Member Maile David dated August 19, 2019, transmitting a proposed amendment to Bill 87, Draft 2, was circulated.) Motion to Approve: Ms. Kierkiewicz moved to pass Bill 87, Draft 2, on second and final reading. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Council Members, I'll open this up to discussion. Ms. David. MS. DAVID: All right, thank you very much. Council Members, I think in your packet in your pinkie folder, there's a Communication 352.16, which is a proposed amendment that I would like to move to introduce, and that is to Policy ENV-1.5 of the CDP (Community Development Plan). Motion to Amend: Ms. David moved to amend Bill 87, Draft 2, with the contents of Comm. 352.16. Seconded by Mr. Kaneali`i-Kleinfelder. Page 17 Hawaii County Council-20 August 21,2019 ACTING CHR. EOFF: Ms. David. MS. DAVID: Thank you very much. I just want to explain the intention around this last-minute proposal to amend. This is the only policy, and I'm going to be very careful not to go into discussion because I will be asking for a postponement in order to allow the department as well as the public to weigh in on this proposed amendment at our next meeting. But before I ask for the postponement, I'd like to just say that the reason I felt this was very important is that keeping that original language that we had in there, "shall strive to,"in the last paragraph, basically—or "shall," changing it to "shall" will maintain the intent of the policy, 1.5. More importantly, I believe it conforms with the provision of Hawaii County Charter Section 13.29 regarding conservation of natural and cultural resources, which states, "For the benefit of present and future generations, the County shall conserve and protect Hawai`i's natural beauty and all natural and cultural resources, including but not limited to land, water, air, minerals, energy sources, wahi paha, surf spots, historic sites, and historic structures, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the County. All public natural and cultural resources are held in trust by the County for the benefit of the people." And so, that is my intention. I just believe that there is only one policy that mirrors our obligation to adhere to our County Charter section. So, I'd like to just do one amendment changing the last paragraph. That says, "Any permit application that encompasses any of the above resources"—instead of"shall strive to" or even "should," I want to make it "shall." And I would like to reserve full discussion `cause I really would like to hear some input from the departments and Council Members as well. And in that case, I would like to move to postpone this to our September 3rd meeting. ACTING CHR. EOFF: Okay. I think we MS. DAVID: Is that September 3rd or is itno? ACTING CHR. EOFF: We already have that motion on the floor. MS. DAVID: Oh, okay. MR. HENRICKS: Madam Chair, the motion on the floor is to amend right now. MS. DAVID: Correct. Oh, okay, I'm sorry. Page 18 Hawaii County Council-20 August 21,2019 MR. HENRICKS: I believe that you're MS. DAVID: I'm just explaining MR. HENRICKS: In the process of making a motion to postpone? MS. DAVID: Yes. MR. HENRICKS: Okay. And that would be to September 4? Let me double- check. MS. DAVID: September 4�h. I believe the 3rd is the Committees. ACTING CHR. EOFF: Correct. MR. HENRICKS: September 4. MS. DAVID: Four? Okay. So, the motion is to postpone discussion and to allow the department and Council Members to digest this proposed amendment to our September 4fh meeting in Hilo. MR. RICHARDS: Wait. MS. DAVID: I'm sorry. It also allows for the opportunity for public input. Point of Order: MR. RICHARDS: Okay, point of order, though. Can we have two motions on the table at the same time? MR. HENRICKS: In effect, if this motion to postpone is successful, it postpones the main motion and the secondary motion to amend. So, discussion would cease today, and we would take up where we left off on the fourth as of where we left off today. ACTING CHR. EOFF: So, on the fourth we would take up the motion to amend. MS. DAVID: Discuss the amendment. MR. HENRICKS: We would be right where the Council left off at this point today, correct, with the motion to amend on the floor when this is brought back, assuming the motion's successful on the fourth. MR. RICHARDS: Okay. Where it was. ACTING CHR. EOFF: Okay? Page 19 Hawaii County Council-20 August 21,2019 MR. RICHARDS: Yeah. ACTING CHR. EOFF: So, that's right. We can take discussion on the motion to postpone. MR. HENRICKS: And as I understand at this point, you recognized the maker of the motion but have not asked for a second to postpone. MS. DAVID: To postpone. I just made that motion, but we didn't ask for a second yet. You didn't ask for a second. ACTING CHR. EOFF: So, first I don't need a second? MR. HENRICKS: Oh, no, no. I was just trying to recap to where we are. I thought you had recognized Ms. David's motion to postpone, but I hadn't heard a second to that motion. ACTING CHR. EOFF: Okay. I believe Mr. Kaneali`i-Kleinfelder seconded. MR. HENRICKS: I thought that was for the motion to amend, excuse me. It was but MS. DAVID: That was the amendment. ACTING CHR. EOFF: Oh, you're right. MR. HENRICKS: So, unless I'm wrong, Ms. David just made the motion to postpone, and that's where we're at, without a second yet. ACTING CHR. EOFF: You're right. MS. DAVID: Yes. ACTING CHR. EOFF: Okay. So, now, I would need a second to her motion to postpone. MR. HENRICKS: That is correct. ACTING CHR. EOFF: Okay. Is there a second to the motion to postpone? MR. KANEALI`I-KLEINFELDER: Second. Motion to Postpone: Ms. David moved to postpone Bill 87, Draft 2, to September 4, 2019. Seconded by Mr. Kaneali`i-Kleinfelder. Page 20 Hawaii County Council-20 August 21,2019 ACTING CHR. EOFF: Thank you. Now, we can take discussion on the postponement. Mr. Richards. MR. RICHARDS: Thank you, Chair. Good information allows us to make good decisions, but I don't like moving right to a postponement without being able to ask a few questions. I fully appreciate raising the concern. I am a little bothered by, sort of, the eleventh-hour amendment. If we were, Clerk, to adopt an amendment on the second reading, do we have to go to a third reading? Is that ? MR. HENRICKS: No. Our Rules provide that if a resolution or bill is amended at its final stage, the holdover is required. And unless the Rules are suspended, then we would move on to the next meeting. But what is being contemplated right now as we speak is essentially postponing the main motion with the motion to amend all in one act so that everything would stop today if this motion to postpone is successful. MR. RICHARDS: And then, we postpone; we go to a second reading at the next meeting with the amendment. And then, is that finished or do we go for a follow-up reading because this is at the second ? MR. HENRICKS: So, let's just for sake of discussion say this motion to postpone is successful, it has sufficient votes, on the fourth we'd take this up where it stands. And let's assume again that the motion to amend is successful on the fourth. Then, at that point, the Rules would dictate that further discussion would cease and the matter would be held over because it was amended at second reading. We would take it up at the next meeting in September, barring the Council votes to suspend the Rules and allows for further discussion and a vote on second and final reading, essentially as amended to Draft 3. MR. RICHARDS: Okay. All right. Thank you, Clerk. In no disrespect to Councilwoman David, I'm troubled by why this is coming now. Listening to our testimony, they have come and been working on this for a couple of years. So, it's kind of the eleventh hour. And I'm not disagreeing that public trust and respecting the assets of the public trust are very important. I'm bothered by the timing more than anything else. And I look at Mr. Matsukawa's writing (See Comm. 352.17), and I like what Mr. Matsukawa puts forth. I'm just bothered by the timing and what's the issue there. So, I'd like to hear from other Council Members. We had previous testimony from people on the CDP Action Committee said they've been working on this and had gone line item by line item for the last 18 months, for 2 years, and they came with the recommendation. Now, we seem to have a shift. So, at this point, I'm going to yield. Page 21 Hawaii County Council-20 August 21,2019 ACTING CHR. EOFF: Okay, thank you, Mr. Richards. Did you want to respond or—okay. Ms. David. MS. DAVID: I'd like to respond to that "last minute." I think, if you can recall in our prior meeting, the question was asked when the presentation was being given to us summarizing the various proposed amendments. My concern at the time was whether any changes to the policy that mirrors our County responsibility under our County Charter were made, if any changes to that policy. And I think what I understood was it was left alone and the only sections that were changed were the Land Use Policies 3.3 and 3.4. And so, I went and double-checked and found that in ENV-1.5 there were some changes. One, which is fine as is, but then the other one that I'm changing back to "shall" and taking out "strive to"was also changed. So, my whole intent was that I'm reading the provisions of our Charter, and I'm reading the only policy in this entire CDP document that relates to our responsibility to preserve and protect these resources, I felt must be consistent with each other so that in the future, we don't run into any conflicts. That was my intention. And the reason it's last minute is because, in double-checking after our meeting, I found out it did not changes were made. So, I don't want to go into a lot of detail, but I just wanted to answer your question about timing because this is how this all came about. For one thing, I understand we're at second reading, and this is probably the only way we can get a full discussion is if we postpone this. Because if everyone feels like the postponement is not something that you folks would want to do, then that's your preference. But I just want to have an opportunity—it's two weeks down the road—an opportunity to find out how and get more feedback. I did talk to the Director. I talked to Kamuela folks. But I want them to have an opportunity to really digest this proposal, and as well as the Council Members. And that's why I'm asking for this postponement. So, I yield. ACTING CHR. EOFF: Okay, thank you. MR. CHUNG: Madam Chairman? ACTING CHR. EOFF: Mr. Clerk, I know you just explained this, but could I ask you a quick question before I go to Hilo? I think you said that at the September 4fh meeting, we could suspend the Rules and go ahead and vote on the bill, as amended. MR. HENRICKS: Yeah, presuming the bill, as amended, on that day, and the Rules require that at that point discussion will stop. But any member can make a motion to suspend the Rules to allow for further discussion and, potentially, a vote on the bill, as amended, to pass it on second and final reading. Page 22 Hawaii County Council-20 August 21,2019 ACTING CHR. EOFF: Okay, thank you. I thought that's what you said. Okay, someone in Hilo wanted to speak? MR. CHUNG: Yeah. It's me. Can I speak? ACTING CHR. EOFF: Yes. MR. CHUNG: Thanks. ACTING CHR. EOFF: Can you speak up, though? We were having a little bit of a hard time hearing. MR. CHUNG: Okay. ACTING CHR. EOFF: Thank you. MR. CHUNG: I'm not so much concerned about the timing issue. And really, I'm going to be deferring to Ms. David. It is, after all, a Kona CDP, and she does represent Kona. If she wants more time, that's fine. But I wanted to give a comment. It's not so much a concern, but at first blush it seems to make sense. If the County Charter uses the word"shall," then why not use the word "shall" in this ordinance? There's a big difference, though, and I'm not a planning expert or anything. We actually have two planning experts here—Ms. Kierkiewicz and Ms. Lee Loy. But the difference between the Charter and what's proposed here is the Charter imposes that requirement on the County. So, when we make decisions or when the County makes decisions, they shall do something. This pertains to the permit application, and therein lies a big difference, actually. Because if you put the word"shall" instead of"should," then it opens up these applications to attack later on. And I think that's unfair to applicants, in my opinion. It's not a criticism. It's just a comment. I just wanted to point out that there is a difference between what the Charter requires and what's being proposed over here. But I'll support the postponement. Maybe it'll give Ms. David time to shoot this back to the Committee and then they can take a look at it and, of course, the Planning Department. Thank you. ACTING CHR. EOFF: Thank you. And I think I've been advised that we should be speaking on the postponement motion. Okay. The motion to postpone to the September 4fh meeting, is there any further discussion? Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. Yeah, I'm going to support the postponement. What I'm not appreciating is I think I want to direct the Planning Department that when we pick this back up, that they have something for us to Page 23 Hawaii County Council-20 August 21,2019 digest and ruminate on. And I think that's my struggle right now. So, I hear what Ms. David is saying about we're going to amend, give everybody time but postpone and limit discussion right here and now. Having done some planning work, there's some layering that happens with the applications and the decision makings that come from the Planning Department. We look at the different land use layer, zoning layer, how that fits into our CDPs, taking into account other regulatory documents and/or guiding documents, like our Charter. So, I think Mr. Chung touched upon that. I'm assuming that's what will be coming forward. With that being said, I think I hinted a little bit about what I hope the Planning Department can come back with so we can ruminate on and chew on when we get back to this. So, with that, I will be supporting the postponement. ACTING CHR. EOFF: Okay. Any further questions or comments? Mr. Richards. MR. RICHARDS: Thank you, Chair. I'll support the postponement because I want to make sure we get it right. I think Chair Chung and Ms. Lee Loy bring up some interesting perspectives that, again, we need more information on. So, yeah, I'm going to support it. I just, like I said, the timing bothered me though it does make sense, Maile, why at here. I'm not sure I support the amendment yet, but I do support the exploring. So, I'll be supporting that postponement. MS. DAVID: Thank you. Chair? ACTING CHR. EOFF: Thank you. Ms. David. MS. DAVID: I really appreciate your sentiments about this last-minute proposal. And I really believe that this postponement will achieve what everyone else, including myself, will come forward in two weeks with maybe a better vision of exactly what this amendment will entail. And I will definitely contact the Planning Department and have discussions somewhere with them. So, I thank you very much. Aloha. MR. RICHARDS: You can grill them now if you like. Nah. ACTING CHR. EOFF: Thank you. Okay, then, I guess we're ready to take a vote. All in favor of postponing discussion on the amendment as well as Bill 87, Draft 2, please say "aye." Page 24 Hawaii County Council-20 August 21,2019 Vote on Motion to The motion to postpone Bill 87, Draft 2, to September 4, Postpone: 2019, was carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Poindexter and Villegas —2. Excused: None. ACTING CHR. EOFF: Okay, thank you very much. Thank you, Ms. David. Okay. So, we'll move on. Should we just go to the top of the agenda? I don't hear any other request or people waiting. Okay, thank you. Mr. Clerk, let's just start from Resolution 92, Draft 2. Return to Order The Acting Chair directed the Council to return to the order of business. of Business: ORDER OF The Acting Chair directed the Council to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. (Note: Items in this category were taken up previously, out of order.) Res. 92-19: GRANTS A VARIANCE FROM CHAPTER 3, ARTICLE 1, DIVISION 4, (Draft 2) SECTION 3-6(b)(3), AND CHAPTER 3, ARTICLE 2, DIVISION 2, SECTIONS 3-58(b), 3-58(c), AND 3-60(a), OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), TO ALLOW TWO WALL SIGNS AND TWO DIRECTIONAL SIGNS ON 75-146 SARONA ROAD, TAX MAP KEY: 7-5-007:009 Grants a sign variance to Kona Hospitality for two wall signs and two ground directional signs for the Holiday Inn Express and Suites. Reference: Comm. 155.2 Intr. by: Ms. Lee Loy (B/R) Approve: PWMTC-16 Motion to Approve: Ms. Lee Loy moved to adopt Res. 92-19, Draft 2, and Public Works and Mass Transit Committee Report No. 16. Seconded by Ms. David. ACTING CHR. EOFF: Ms. Lee Loy, discussion. MS. LEE LOY: Thank you, Chair. Just asking for your continued support. Page 25 Hawaii County Council-20 August 21,2019 ACTING CHR. EOFF: Thank you. Are there any questions? Comments? Seeing none, all in favor please say "aye." Vote on Res. 92-19: The motion to adopt Res. 92-19, Draft 2, and Public Works Draft 2 and Mass Transit Committee Report No. 16 was carried by (Adopted) the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Poindexter and Villegas —2. Excused: None. ACTING CHR. EOFF: Just for everybody's information, I'm going to take Resolution 219. But after that, we'll take a brief recess. Okay, Mr. Clerk, Resolution 219-19. Res. 219-19: ESTABLISHES A HAWAII COUNTY APIARY STAKEHOLDER WORKING GROUP The working group would examine challenges in the beekeeping industry, and provide findings and recommendations to the County Council through a proposed ordinance to amend Chapter 4 (Animals) and Chapter 25 (Zoning) of the Hawaii County Code. Reference: Comm. 364 Intr. by: Ms. Kierkiewicz Approve: AWEEMC-7 Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 219-19 and Agriculture, Water, Energy, and Environmental Management Committee Report No. 7. Seconded by Mr. Richards. ACTING CHR. EOFF: Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I just want to recognize that we have a couple of members from the Big Island Beekeepers Association here in Hilo to support our efforts to establish this working group. I'm very grateful to everybody that turned out during the Committee discussion and sent email testimony. It's very clear that the industry is looking for some improvements to the Code. And I'm very excited to be partnering with Council Member Richards on this and working directly with community to make these important changes so Page 26 Hawaii County Council-20 August 21,2019 that we can support these little creatures that are so important to our ecosystem, to our food system, and also to our local economy. I'm just asking my colleagues for their continued support. Thank you. I yield. ACTING CHR. EOFF: Thank you. Mr. Richards. MR. RICHARDS: Thanks, Chair. And yes, I agree with Councilwoman Kierkiewicz. I think this is a great way we're approaching this legislation. We're going to get all stakeholders at the table, get the correct input, craft the things so when we come forward for Committee and Council, we'll have something that's been thought out from as many different angles that we can. I'm very excited to look forward to getting this done, and we're bringing the entire bee industry perspective; from the backyard, to the honey producer, to the queen producers. So, I think it's going to be quite comprehensive. And I also ask for your support. ACTING CHR. EOFF: Okay, thank you. Anybody else? All in favor, please say Ic aye. Vote on Res. 219-19: The motion to adopt Res. 219-19 and Agriculture, Water, (Adopted) Energy, and Environmental Management Committee Report No. 7 was carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Poindexter and Villegas —2. Excused: None. ACTING CHR. EOFF: Resolution 219-19 is approved. We'll take a seven- minute recess. Recess: At 10:30 a.m., the Acting Chair called for a recess. Reconvene: The meeting reconvened at 10:41 a.m. Page 27 Hawaii County Council-20 August 21,2019 Res. 240-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HONOKA`A HONGWANJI MISSION FOR THE 13TH ANNUAL PARADE AND FESTIVAL FOR THE UNITED NATIONS INTERNATIONAL DAY OF PEACE Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 393 Intr. by: Ms. Poindexter Motion to Approve: Ms. David moved to adopt Res. 240-19. Seconded by Mr. Richards. ACTING CHR. EOFF: Discussion? MS. DAVID: Chair,just on behalf of Ms. Poindexter, I would just ask for your support. ACTING CHR. EOFF: Thank you. Any other comments? Seeing none, all in favor please say "aye." Vote on Res. 240-19: The motion to adopt Res. 240-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Poindexter and Villegas —2. Excused: None. Res. 241-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL TO PURCHASE CITRIC ACID TO HELP CONTROL COQUI FROGS IN COUNCIL DISTRICT 2 Transfers $2,600 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 394 Intr. by: Mr. Chung Page 28 Hawaii County Council-20 August 21,2019 Vote on Res. 241-19: Mr. Chung moved to adopt Res. 241-19. Seconded by (Adopted) Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Poindexter and Villegas —2. Excused: None. ACTING CHR. EOFF: Resolution 241 is adopted. Res. 243-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO D.A.R.E. HAWAII FOR ITS 2020 D.A.R.E. DAY CELEBRATION IN WEST HAWAII Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 396 Intr. by: Ms. Villegas Motion to Approve: Ms. David moved to adopt Res. 243-19. Seconded by Mr. Richards. ACTING CHR. EOFF: Ms. David. MS. DAVID: On behalf of Ms. Villegas, I just ask for your support. ACTING CHR. EOFF: Thank you. All in favor, say "aye." Vote on Res. 243-19: The motion to adopt Res. 243-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Poindexter and Villegas —2. Excused: None. ACTING CHR. EOFF: Resolution 243 is adopted. Page 29 Hawaii County Council-20 August 21,2019 Res. 244-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO D.A.R.E. HAWAII FOR ITS 2020 DARE DAY CELEBRATION EVENT IN WEST HAWAII Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Hawaii Police Department, Police Administration Division-Other Current Expenses account. Reference: Comm. 397 Intr. by: Ms. Eoff Motion to Approve: Ms. David moved to adopt Res. 244-19. Seconded by Mr. Richards. ACTING CHR. EOFF: This is my contingency relief, and I just ask for your support. Thank you. All in favor, say "aye." Vote on Res. 244-19: The motion to adopt Res. 244-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Poindexter and Villegas —2. Excused: None. ACTING CHR. EOFF: Resolution 244 is adopted. Res. 245-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO CHILD AND FAMILY SERVICE TO PURCHASE BUS PASSES FOR RESIDENTS OF THE WEST HAWAII DOMESTIC ABUSE SHELTER Transfers $1,200 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Mass Transit Agency, Other Current Expenses account. Reference: Comm. 398 Intr. by: Ms. Eoff Motion to Approve: Ms. David moved to adopt Res. 245-19. Seconded by Mr. Richards. Page 30 Hawaii County Council-20 August 21,2019 ACTING CHR. EOFF: Thank you. I just ask for your support. All in favor, say Ic aye. Vote on Res. 245-19: The motion to adopt Res. 245-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Poindexter and Villegas —2. Excused: None. ACTING CHR. EOFF: Resolution 245 is approved. Res. 246-19: 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 AAUW KONA EDUCATIONAL FUND TO ASSIST WITH THE 2019 GIRLS EXPLORING MATH AND SCIENCE EVENT IN WEST HAWAII Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 399 Intr. by: Ms. Eoff Motion to Approve: Ms. David moved to adopt Res. 246-19. Seconded by Mr. Kaneali`i-Kleinfelder. ACTING CHR. EOFF: I just ask all of you for your support. Thank you. All in favor, say "aye." Vote on Res. 246-19: The motion to adopt Res. 246-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Poindexter and Villegas —2. Excused: None. ACTING CHR. EOFF: Resolution 246 is adopted. Page 31 Hawaii County Council-20 August 21,2019 Res. 248-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR EQUIPMENT FOR THE HAWAII FIRE DEPARTMENT Transfers $8,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Hawaii Fire Department, Fire Protection- Equipment account. Reference: Comm. 401 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 248-19. Seconded by Mr. Richards. MS. DAVID: Yes, and I'm not sure if anyone is in Hilo. Ms. Kierkiewicz, is anyone from the Fire Department in Hilo yet? MS. KIERKIEWICZ: No. AC (Assistant Chief) Perreira is no longer here. MS. DAVID: Okay, great. Then, I'm just going to ask for your continued support. Mahalo. ACTING CHR. EOFF: All in favor, say "aye." Vote on Res. 248-19: The motion to adopt Res. 248-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Poindexter and Villegas —2. Excused: None. ACTING CHR. EOFF: Resolution 248 is adopted. Page 32 Hawaii County Council-20 August 21,2019 Res. 249-19: 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 AAUW KONA EDUCATIONAL FUND TO ASSIST WITH THE 2019 GIRLS EXPLORING MATH AND SCIENCE EVENT IN WEST HAWAII Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 402 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 249-19. Seconded by Mr. Richards. ACTING CHR. EOFF: Any other comments? MS. DAVID: I just ask for your support. Mahalo. ACTING CHR. EOFF: Thank you. All in favor, say "aye." Vote on Res. 249-19: The motion to adopt Res. 249-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Poindexter and Villegas —2. Excused: None. ACTING CHR. EOFF: Resolution 249 is adopted. Res. 250-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR THE PURCHASE OF CITRIC ACID TO MANAGE COQUI FROG INFESTATIONS Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 403 Intr. by: Ms. Kierkiewicz Page 33 Hawaii County Council-20 August 21,2019 Vote on Res. 250-19: Ms. Kierkiewicz moved to adopt Res. 250-19. Seconded (Adopted) by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Poindexter and Villegas —2. Excused: None. ACTING CHR. EOFF: Resolution 250 is adopted. Res. 254-19: AUTHORIZES THE ACCEPTANCE OF A DONATION OF FUNDS TO BE USED BY THE DEPARTMENT OF RESEARCH AND DEVELOPMENT TOWARDS TRAVEL AND OTHER EXPENSES FOR THE ROCKY MOUNTAIN INSTITUTE MOBILITY INNOVATION LAB PROJECT ACCELERATOR WORKSHOP Accepts a monetary donation of approximately $1,500 from the Ulupono Initiative. Reference: Comm. 408 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 254-19. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Any comments? MS. DAVID: Yes, I just want to say thank you to Ulupono Initiative for the donation and ask for your support. ACTING CHR. EOFF: Okay, thank you. Any other comments? Seeing none, all in favor please say "aye." Vote on Res. 254-19: The motion to adopt Res. 254-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Poindexter and Villegas —2. Excused: None. ACTING CHR. EOFF: Resolution 254 is adopted. Page 34 Hawaii County Council-20 August 21,2019 Res. 255-19: AUTHORIZES THE ACCEPTANCE OF A DONATION OF FUNDS TO BE USED BY THE HAWAII POLICE DEPARTMENT TOWARDS TRAVEL AND OTHER EXPENSES TO ATTEND THE 2019 CRIMES AGAINST CHILDREN CONFERENCE Accepts a monetary donation of approximately $3,250 from the Children's Justice Center of West Hawaii. Reference: Comm. 409 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 255-19. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Any discussion? MS. DAVID: I just wanted to mahalo Children's Justice Center of West Hawaii, and I'll ask for your support. ACTING CHR. EOFF: Thank you. All in favor, say "aye." Vote on Res. 255-19: The motion to adopt Res. 255-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Poindexter and Villegas —2. Excused: None. ACTING CHR. EOFF: Resolution 255 is adopted. Res. 257-19: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII, DEPARTMENT OF BUDGET AND FINANCE, FOR THE ACCEPTANCE OF A GRANT TO IMPLEMENT MAIL-IN VOTING FOR ALL ELECTIONS BEGINNING WITH THE 2020 PRIMARY ELECTION, PURSUANT TO ACT 136, SESSION LAWS OF HAWAII 2019 Funds in the amount of$126,688 would be used for startup and transition costs to implement elections by mail. Reference: Comm. 411 Intr. by: Ms. David (B/R) Waived: FC Page 35 Hawaii County Council-20 August 21,2019 Motion to Approve: Ms. David moved to adopt Res. 257-19. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Any discussion? MS. DAVID: This was asked to be waived, and I believe it's to expedite the funding for this. So, I ask for your support. MR. HENRICKS: Yes, we did ask for a waiver. The sooner we have the funds, the better. ACTING CHR. EOFF: Thank you, Mr. Clerk. Thank you, Ms. David. All in favor, say "aye." Vote on Res. 257-19: The motion to adopt Res. 257-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Poindexter and Villegas —2. Excused: None. ACTING CHR. EOFF: Resolution 257 is adopted. I believe the companion would be Bill 93, which is next anyways, right? MR. HENRICKS: Correct. ACTING CHR. EOFF: Okay, Bill 93. BILLS FOR The Acting Chair directed the Council to proceed to the next order of business, ORDINANCES Bills for Ordinances (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order.) Page 36 Hawaii County Council-20 August 21,2019 Bill 93: AMENDS ORDINANCE NO. 19-73, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2020 Increases revenues in the 2020 Mail-In Elections Cost—State account ($126,688); and appropriates the same to the 2020 Mail-In Elections Cost account. Funds in the amount of$126,688 would be used for startup and transition costs to implement elections by mail. Reference: Comm. 411 Intr. by: Ms. David (B/R) Waived: FC Vote on Bill 93: Ms. David moved to pass Bill 93 on first reading. (Approved) Seconded by Mr. Kaneali`i-Kleinfelder and carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Poindexter and Villegas —2. Excused: None. ORDER OF The Acting Chair directed the Council to proceed to the next order of business, THE DAY Order of the Day (Second or Final Reading). (SECOND OR FINAL READING): (Note: Bill 87, Draft 2, was taken up previously, out of order.) REPORTS: The Acting Chair directed the Council to proceed to the next order of business, Reports. PC-28 NOMINATION OF SUSAN FORBES, NICOLETTE CB HUBBARD, (Comm. 386): CAROL R. IGNACIO, DR. TAWN ISAAC KEENEY, CRYSTAL KUA, BRAD R. KUROKAWA, JEFF MCKNIGHT, ROBERT T. NISHIMOTO, AND RHONDA DARLING POLLARD TO THE INAUGURAL HAMAKUA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: August 31, 2019 (Section 134(1), Hawaii County Charter) Motion to Close Ms. Lee Loy moved to close file on Comm. 386. Seconded File: by Mr. Richards. MR. RICHARDS: Clarification. Can we do this en masse? Page 37 Hawaii County Council-20 August 21,2019 MR. HENRICKS: Yeah. Motion to file is okay. That gets us started. You would need a suspension of Rule 10, paragraph 15, to vote on these nominationsessentially, it's a slate of nominations—as one vote to approve them all. Vote on Motion to Mr. Richards moved to suspend Council Rule 10, Suspend Council paragraph 15, in order to take a single vote on the slate of Rules: nominees listed in Planning Committee Report No. 28. (Approved) Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff–7. Noes: None. Absent: Council Members Poindexter and Villegas –2. Excused: None. ACTING CHR. EOFF: Okay, now we can go ahead and take the vote on filing the communication. All in favor, say "aye." MR. HENRICKS: Madam Chair, there was not a motion toyou don't want to file the communication. You need to make a motion and vote on the confirmation of the slate of nominees first before you do that. ACTING CHR. EOFF: Oh, I'm sorry. MR. HENRICKS: That's okay. ACTING CHR. EOFF: Let's vote to approve the nomination of those members to the Inaugural Hamakua CDP Committee. Vote on PC-28: Ms. Kierkiewicz moved to adopt Planning Committee (Adopted) Report No. 28. Seconded by Ms. David and carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff–7. Noes: None. Absent: Council Members Poindexter and Villegas –2. Excused: None. Page 38 Hawaii County Council-20 August 21,2019 Vote on Comm. 386: The motion to close file on Comm. 386 was carried by the Filed following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff–7. Noes: None. Absent: Council Members Poindexter and Villegas –2. Excused: None. ACTING CHR. EOFF: I think that completes—congratulations to all the nominees, and good luck to the CDP Committee. REFERRALS FOR The Acting Chair directed the Council to proceed to the next order of business, EXECUTIVE Referrals for Executive Session. SESSION: ACTING CHR. EOFF: We have two referrals for Executive Session. Let's take Communication 53.2. MR. RICHARDS: Hang on a second. Can we take thatChair, some latitude? ACTING CHR. EOFF: I think we need to read in the communication first. MR. RICHARDS: Well MR. HENRICKS: Yeah, I think Mr. Richards just wanted to get a point of clarification or make a request of some kind. MR. RICHARDS: Yes, correct. Chair, we have the special counsel for the Board of Ethics, and we have the settlement. Can we take this out of order? And I have a question. Why do we have to go into Executive Session to discuss special counsel for the Board of Ethics? It's a public deal. It's been reported on in the newspaper. So, I'm a little confused as to why we have to MR. HENRICKS: Madam Chair, may I respond to that excellent question? ACTING CHR. EOFF: Sure. MR. HENRICKS: The Council, for both of these matters that are under "Referrals for Executive Session," can opt not to go into Exec. (Executive) Session either by not making a motion or by not having enough members to agree to that. It's not required. The reason why Resolution 258-19 is listed under "Referrals for Executive Session" is due to the fact that the Corporation Counsel, when it transmitted the resolution, expressly asked for an Executive Session. And the Office of Information Practices has opined that anytime that it is anticipated, Page 39 Hawaii County Council-20 August 21,2019 though it may not happen, that the Council is likely to enter into Executive Session, that we need to make public notice of such. Hence, we placed the matter under Executive Session. But again, that does not mandate that the Council enter into Executive Session for either of the matters that are listed here. MR. RICHARDS: Chair? Okay, Clerk, thank you very much. I can certainly understand 53.2, and I'm good with that, but I don't see a reason to go in for 258-19. ACTING CHR. EOFF: Mr. Richards, how about we, then MR. HENRICKS: Yeah, that discussion should be had when each matter is essentially on the floor for general discussion. MR. RICHARDS: So, can we ? ACTING CHR. EOFF: But you would like to take Resolution 258 MR. RICHARDS: Can we take it out of order? ACTING CHR. EOFF: First? MR. RICHARDS: Yes. ACTING CHR. EOFF: Okay. We can do that. MR. HENRICKS: So, the standard procedure, I'll go ahead and read it in. And I think the proper thing to do is just ask for a motion to adopt Resolution 258-19 and then we'll take it from there. ACTING CHR. EOFF: Okay. Page 40 Hawaii County Council-20 August 21,2019 Change Order As directed by the Acting Chair and with no objection from the Council of Business: Members, the following item was taken out of order: Res. 258-19: AUTHORIZES THE EMPLOYMENT OF SPECIAL COUNSEL TO REPRESENT THE COUNTY OF HAWAII, BOARD OF ETHICS IN PETITION NO. 2019-02 Finds that a conflict of interest would exist for the Corporation Counsel to advise the Board of Ethics and provides for the retention of legal services by the County of Maui Office of the Corporation Counsel, with total costs not to exceed $1,000. Reference: Comm. 412 Intr. by: Ms. David (B/R) Waived: FC Note: Requires 2/3 vote of the entire membership, pursuant to Section 6-5.5, Hawaii County Charter Motion to Approve: Ms. David moved to adopt Res. 258-19. Seconded by Mr. Richards. ACTING CHR. EOFF: Now, we can go into discussion. Mr. Richards. MR. RICHARDS: Thank you, Chair, and thanks for that little bit of latitude to get the understanding. I appreciate it, and I appreciate Mr. Kamelamela for sending things coming forward and, in the best interest of the County, keeping things confidential where it needs to be. With that being said, this has been reported on in the newspapers. And so, I'm thinking that in the spirit of Sunshine, if we don't need to go into Executive on this, is there a reason to? So, in my mind, no, unless I'm convinced otherwise. I yield. ACTING CHR. EOFF: Was that a question for Mr. Kamelamela or ? MR. RICHARDS: Yeah, Mr. Kamelamela. (Note: At this time, Corporation Counsel Joseph Kamelamela came forward to address the members of the Council.) MR. KAMELAMELA: Good morning, Chair, and members of the Committee. We have done similar types of resolutions before. And then, typically I say, "Well, if there's no need to go into Executive Session, let's just vote,"because something like this, to me, it's kind of straightforward. And I'm just going to repeat whatever is in the resolution, which is appropriate. But if there's some burning questions that you wanted to discuss with me in Executive Session, well, that's a different matter. But it's pretty straightforward, the resolution. Is that helpful, Council Member Richards? Page 41 Hawaii County Council-20 August 21,2019 MR. RICHARDS: Works for me. MR. KAMELAMELA: Okay. ACTING CHR. EOFF: So, I believe we can go ahead and vote on this matter if there's no further questions of Mr. Kamelamela that would lead us to needing to go into Executive Session. Anybody have any questions or further concerns? Yes, in Hilo, Mr. Chung. MR. CHUNG: I was just waving to our Water Director. ACTING CHR. EOFF: Oh, I'm sorry. Okay. I thought you were getting my attention. All right, then, we're going to go ahead and vote to approve Resolution 258-19 to appoint special counsel to represent the County Board of Ethics. All in favor, say "aye." Vote on Res. 258-19: The motion to adopt Res. 258-19 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Poindexter and Villegas —2. Excused: None. ACTING CHR. EOFF: Motion carries. MR. KAMELAMELA: Thank you. ACTING CHR. EOFF: And then Resolution 258 is adopted. Now, regarding Communication 53.2, Mr. Clerk. Return to Order The Acting Chair directed the Council to return to the order of business. of Business: Comm. 53.2: ELAINE SURNOW, ET AL. V. JODY BUDDEMEYER, ET AL. CIVIL NO. 17-00038 JMS-KSC From Corporation Counsel Joseph K. Kamelamela, dated August 13, 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. Motion to Close Mr. Richards moved to close file on Comm. 53.2. File: Seconded by Ms. David. Page 42 Hawaii County Council-20 August 21,2019 (Note: At this time, Corporation Counsel Joseph Kamelamela and Attorney Steven Chow came forward to address the members of the Council.) ACTING CHR. EOFF: And now the question. We have our attorneys at the table. Mr. Kamelamela, would you like to introduce this item to us and then we'll make another motion to go into ? MR. KAMELAMELA: Yes. Joseph Kamelamela, Corp. (Corporation) Counsel. To my left is Steven Chow. He's representing the County of Hawaii. MR. CHOW: Chairman Chung, Vice Chair Eoff, and Council Members, aloha. It's good to see you again. I wish it was under different circumstances. MR. KAMELAMELA: Anyway, we are requesting that we go into Executive Session. ACTING CHR. EOFF: You're requesting that? MR. KAMELAMELA: Yeah. ACTING CHR. EOFF: Okay. Would somebody like to propose a motion? Thank you, Ms. Lee Loy. Motion to Enter Ms. Lee Loy moved to enter into Executive Session in into Executive order to hold attorney-client privilege discussion regarding Session: Communication 53.2, 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 Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Poindexter and Villegas —2. Excused: None. ACTING CHR. EOFF: We'll take a brief recess and prepare the room for Executive Session. Thank you. Recess: At 11:04 a.m., the Acting Chair called for a recess to clear the room. Page 43 Hawaii County Council-20 August 21,2019 Reconvene: The meeting reconvened at 1:00 p.m. ACTING CHR. EOFF: Ms. David. MS. DAVID: Thank you, Chair. Vote on Motion to Ms. David moved to reject the recommendation of Reject: Corporation Counsel regarding Comm. 53.2. Seconded by (Approved) Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, David, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff—6. Noes: Council Member Kaneali`i-Kleinfelder— 1. Absent: Council Members Poindexter and Villegas —2. Excused: None. ACTING CHR. EOFF: The motion carries. Okay, thank you. OTHER The Acting Chair directed the Council to proceed to the next order of business, BUSINESS: Other Business. (There were none.) ANNOUNCE- The Acting Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) ACTING CHR. EOFF: Council, may I have a motion to adjourn? ADJOURN- There being no further business, at 1:01 p.m., Ms. Lee Loy moved to adjourn the MENT: meeting. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Poindexter and Villegas —2. Excused: None. Page 44 Hawai`i County Council-20 August 21,2019 ACTING CHR. EOFF: Okay, this meeting's adjourned. Thank you, all. Council Approval: SEP 1 2019 COUNT JH/dg • • Page 45