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HomeMy WebLinkAboutMIN COUNCIL 2019-09-04 2018-2020 Hawaii County Council 21" Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii September 4, 2019 INVOCATION: Reverend Katlin McCallister of the Church of the Holy Apostles gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:03 a.m., in the Council Chambers, Hilo, by Mr. Aaron S. Y. Chung, Chair. ROLL CALL: Present: Mr. Aaron S. Y. Chung, Chair Ms. Karen Eoff, Vice Chair Ms. Maile Medeiros David, Member Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member Ms. Susan L. K. Lee Loy, Member Ms. Valerie T. Poindexter, Member Mr. Herbert M. "Tim" Richards, III, Member Ms. Rebecca Villegas, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of Allegiance. ALLEGIANCE: (At this time, Brayden Malani 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 (Note: At this time, Ms. Lee Loy presented Certificates of Merit to the EXPRESSIONS OF 2019 PONY-13 World Series Champions from Hilo.) CONDOLENCE: Recess: At 9:31 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:37 a.m. Hawaii County Council-21 September 4,2019 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: Ken Melrose: Bill 87, Draft 2 (Comm. 352.15), in support. Rene Siracusa: Res. 270-19 (Comm. 427), in support. (representing Malama `O Puna) Jessanie Marques: Res. 265-19 (Comm. 419), comment. (representing Ka`u Rural Health Community Association) Kelcie Kohara Figueira: Res. 264-19 (Comm. 418), in support. (representing Hawaii Island Veterans Day Parade) Dwight J. Vicente: Bill 87, Draft 2 (Comm. 352.15); Bill 90 (Comm. 366); Bill 92 (Comm. 410); and Bill 93 (Comm. 411), comment. Nicolette Douvris: Res. 270-19 (Comm. 427), in support. (representing Malama Homestead Kipuka) APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Vote on Approval of Mr. Richards moved to approve the Minutes of July 24, Minutes: 2019. Seconded by Ms. Eoff and carried by the following (Approved) voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. Page 2 Hawaii County Council-21 September 4,2019 (There were none.) ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 252-19: AUTHORIZES THE ACCEPTANCE OF A DONATION TO BE USED BY THE DEPARTMENT OF INFORMATION TECHNOLOGY FOR TRAVEL AND OTHER EXPENSES TO ATTEND THE CHIEF INFORMATION OFFICER ROUNDTABLE AND SECURITY SUMMITS Accepts a monetary donation of approximately $7,000 from the Center for Technology. Reference: Comm. 406 Intr. by: Ms. David (B/R) Approve: FC-47 Motion to Approve: Ms. David moved to adopt Res. 252-19 and Finance Committee Report No. 47. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. CHUNG: Any other discussion? MS. DAVID: Mr. Chair? CHR. CHUNG: Yes, Ms. David. MS. DAVID: Yes, I believe in Committee we discussed this, and it passed unanimously. I see Director Ung is here in case anyone has any further questions, otherwise I ask for your continued support. Mahalo. CHR. CHUNG: Okay, anyone else? If not, we have a motion on the floor. All those in favor, signify by saying "aye." Vote on Res. 252-19: The motion to adopt Res. 252-19 and Finance Committee (Adopted) Report No. 47 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. Page 3 Hawaii County Council-21 September 4,2019 CHR. CHUNG: Motion carried. You know what, let's go on to "Order of the Day, Second or Final Reading." Bill 87. 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 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 Postponed: August 21, 2019 (Note: There is a motion by Ms. Kierkiewicz, seconded by Ms. Lee Loy, to pass Bill 87, Draft 2, on second and final reading; and a subsidiary motion by Ms. David, seconded by Mr. Kaneali`i-Kleinfelder, to amend Bill 87, Draft 2, with the contents of Comm. 352.16.) (Note: Comm. 352.16, from Council Member Maile David dated August 19, 2019, transmitting a proposed amendment to Bill 87, Draft 2, was circulated.) CHR. CHUNG: And 352.16 is MR. HENRICKS: It's alive on the floor, the motion by Ms. David to amend Bill 87, Draft 2. It's live on the floor. CHR. CHUNG: Okay, any discussion on that matter? Ms. David. MS. DAVID: Thank you, Chair. And yes, I believe I requested that this be postponed, and thank you for postponing this in order to allow the departments to digest or discuss the proposed amendment. And I have had a discussion with the Deputy Director, and I believe that the—Deputy Director, you want to come up to the table, please? Point of Order: MS. EOFF: Point of order. CHR. CHUNG: Yes. MS. EOFF: Do we have a copy of that communication? Page 4 Hawaii County Council-21 September 4,2019 MS. DAVID: Yeah, we do. It should be in your—it's on the board. MS. EOFF: Okay. I'm just not finding it. MS. DAVID: Good morning, Deputy Director. (Note: At this time, Planning Deputy Director Duane Kanuha came forward to address the members of the Council.) MR. KANUHA: Good morning, Mr. Chairman and members of the Council. MS. DAVID: Thank you. And so, Deputy, I think we had a discussion on my proposed amendment and then you also discussed some of the issues that the Planning Department initially observed about the proposed amendment. And I understand from our conversation that the department is okay with moving forward with the proposed amendment. MR. KANUHA: Yes, that's correct. And I believe you also had conversations on this amendment with Director Yee and some of the step planners that had been coordinating these revisions to the Kona CDP (Community Development Plan). So, we all kind of sat down and talked about your proposed amendment, particularly in the context of how it would apply to building permit applications `cause that was a reference there. My understanding of your proposed amendment was to bring it closer to the County Charter provisions. MS. DAVID: Correct. MR. KANUHA: It basically talked about a public trust doctrine and things of that nature. However, this amendment in the context that it's amending the Kona CDP is more related to permit applications. So, what we did is we took a look at how it would affect these applications. And basically in the world we deal with, there's two types of permits as compared to approvals, okay. There's what we call ministerial permits, which are these permits where, if you meet all the standards, the requirements, you get the permit. These are like building permits, `ohana permits, things of that nature. Then we have discretionary permits, which are permits such as Planned Unit Development, Special Management Area—what else do they have there—use permits, special permits. And those permits usually require additional levels of review, either by the Planning Commission—most times it's by the Planning Commission. In certain cases, they'll come to the Council but not very often. But in the context of that review, a lot of the criteria that is talked about in the first part of your amended section is addressed somehow. Page 5 Hawaii County Council-21 September 4,2019 So, the real conservative concern was whether or not if this amendment would apply to a building permit. So, in other words, if someone came with a building permit and we'd go, "You've got to inventory all of these criteria," that just is not going to work. Also, considering that the language in the first part of this policy is original language from the Kona CDP. So, it's been there since 2008. So, basically for that reason, after we had our discussions, we all agreed that your change would not significantly affect how we process permits as it's related to the Kona CDP. And as you know, the Kona CDP is under the umbrella of the General Plan, which has a whole wider policy range. So, we're good with it. MS. DAVID: Thank you. I really appreciate the fact that you and your staff spent time to really look into this, and I'm very happy with your outcome. I only have one more question. What is the timeline on the comprehensive review for the Kona CDP process? MR. KANUHA: The timeline for the Kona CDP. MS. DAVID: Right. The comprehensive review. MR. KANUHA: Okay. The Kona CDP will be looked at upon the adoption of the General Plan revisions, which we hope to get to the Council sometime at the end of this year, maybe early next year. And following the Council's approval of that, then we will initiate the review of the Kona CDP. MS. DAVID: I see. The comprehensive will follow. MR. KANUHA: Comprehensive, right. Correct. MS. DAVID: So in essence, for the public's benefit, the comprehensive review of the General Plan is the process that they really would need to get involved in because that's going to be addressed first and then the Community Development Plans afterwards, the comprehensive. Right? MR. KANUHA: Well, we'd like everyone to get involved with both processes. MS. DAVID: Both processes, right. MR. KANUHA: Just to make sure that there's connectivity between what those plans contain. MS. DAVID: Right. That's my point. I just wanted to make sure that they are both dependent on each other, and participation at the General Plan review is very important as well. Page 6 Hawaii County Council-21 September 4,2019 MR. KANUHA: That's correct, yes. MS. DAVID: Yeah. Okay. End of this month. Well, other than that, I really thank you folks, again, for taking the time to really look into this and for your decision and your concurrence with my proposed amendment. So, on that, I yield and ask for my colleagues' support on the proposed amendment. Thank you, Chair. CHR. CHUNG: Ms. Eoff MS. EOFF: I just wanted to thank Ms. David and thank the Planning Department for taking a close look at Communication 352.16 and the determination that you've come up with. Because, I think this does add back some strength and teeth that some of the people have been concerned about in going through this process. But I'm in full support of the amendment, and thank you. CHR. CHUNG: Okay, anyone else? MS. LEE LOY: I have a question, Chair. CHR. CHUNG: Yes. Go ahead. MS. LEE LOY: Thank you. Thank you, Mr. Kanuha, for being here. I'm evaluating this, `cause it's in two parts, right, the sensitive resource area, but then it's being housed under this enhanced shoreline setback area, okay. And so, for me, we talk about ministerial permits and those types of permits and then just issuing other regulatory permits, but you mentioned the building permit. Because, the Planning Department evaluates a building permit too. Correct? MR. KANUHA: That's correct, yes. MS. LEE LOY: So, now with this policy in place, if someone comes for a building permit within this shoreline setback area, you folks could deny the building permit based on this policy? MR. KANUHA: Well, what we would do is we'd kick it over to a shoreline setback variance, and that's where the other discretionary component comes in. That's done by the Planning Commission. But at the same time, within the shoreline setback area, there's a whole list of criteria that line up very closely to the significance criteria that you have. MS. LEE LOY: Thank you for that. And then, because I notice there's this, sorry, I read itoh, I'm sorry, I misread it. Thank you, Mr. Kanuha. I yield. CHR. CHUNG: Okay. Page 7 Hawaii County Council-21 September 4,2019 MS. EOFF: Can I? CHR. CHUNG: Yeah, go ahead. MS. EOFF: Related to the conversation you just had, this paragraph that's being amended doesn't just apply to the shoreline setback bullet point, though, right? It applies to all of the above. MR. KANUHA: Correct, because it's an amendment to the policy related to sensitive resources. MS. EOFF: Right. So, the list of bullet points are the sensitive resources, but the paragraph that's being amended would apply to all of them. It's not just that it's lodged under shoreline setback. It's just that's where the paragraph starts. MR. KANUHA: Well, the enhanced shoreline setback component is one of the sensitive resource components. MS. EOFF: Right, but this paragraph starts with—it applies to all of the above bullet points. MR. KANUHA: Correct. MS. EOFF: Yeah, okay. CHR. CHUNG: Mr. Richards. MR. RICHARDS: Thank you, Chair. So, Mr. Kanuha, could youI guess we're going to go makai to mauka concerning the groundwater recharge. Walls me through that. I don't disagree that we've got to take care of these resources, but by the same token, my background coming from the open space, which is the ranching industry, how does this affect that if they're trying to build something? Is this going to cause an incumbrance that's going to be problematic? MR. KANUHA: As it relates to groundwater resources? MR. RICHARDS: Well,just the high-level groundwater recharge. So, it would be defined as everything above the 1,500-foot elevation. So, like you said, you don't think this will affect your building permitting process greatly. I mean, it'll impact it a little bit. We all can appreciate that. But is this going to put a huge incumbrance that may be problematic for some of the ag (agriculture) community trying to get something done on their land? Or do you think this wouldn't affect it all that much? Page 8 Hawaii County Council-21 September 4,2019 MR. KANUHA: Probably not. The issue that we kind of saw with the sensitive resources component, the first part, if you read it literally, it says that the applicant has to do this inventory related to all of this. And what we're trying to say is that we normally don't get into that level of analysis for, like, a building permit. We may for a subdivision, for example. Right? We probably won't get into it for the issuance of an `ohana dwelling permit, right, things of that nature. So, from the standpoint of just agricultural operations, maybe that's where your question is coming from MR. RICHARDS: That is. MR. KANUHA: You know, how that would affect these components. It may, but I don't really see a permit component in agricultural operations as a permitted use to begin with, right, in the agricultural zoning, agricultural land use component. Now, if there was a specific operation that's not a permitted use, dairy maybe or something like that, major agricultural processing facility, okay, that kicks it up to another level of review that will be either a special permit because it's a use that's not permitted outright. And that's when, you know, we believe that these kinds of criteria would kick in at that level. But I don't anticipate any real impacts with just the normal operations that are permitted under the agricultural rezoning category. MR. RICHARDS: So to follow up on that, if I had a ranch and I wanted to build a new corral with a shed over it and it's going to be a thousand square feet or 2,000 square feet under it, this wouldn't trigger any further problems for that? MR. KANUHA: No. This is pretty straightforward. MR. RICHARDS: Okay. All right, thank you. I yield. CHR. CHUNG: Anyone else? If not—yes, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you. Thank you, Deputy, for being here. So, we're changing it back to the original CDP language, back to "shall." MR. KANUHA: That's correct, yeah. MS. KIERKIEWICZ: With this amendment, we would be doing that. Okay. So, walls me through the process within Planning right now with keeping inventory of these resources and assets. Do we have the inventory in place? Do we have the rules to govern how this policy would be administered, and who's doing that? MR. KANUHA: That's kind of a catch-22 because we don't necessarily have an inventory for all of these components. What we do is rely a lot upon the agents Page 9 Hawaii County Council-21 September 4,2019 that do have primary responsibility for that. And that's why in the permitting process, depending upon what the use is, it will go out to, like, the U.S. (United States) Fish and Wildlife Service or Seaworld, for example, for water management. Historic trails, it will go to probably Kanahele or SHPD (State Historic Preservation Division), archeological. Same thing. So, we have this consultation network that feeds into this component. This policy for Kona encourages the department to establish this inventory. But we're at the point here where we do the analysis by consultation. And the assumption in this policy being implemented is that the department has the inventory or has access to the inventory. So, the permit applicant doesn't have to do the inventory himself. You see where I'm getting at? MS. KIERKIEWICZ: And we have the capacity, then, within Planning to do that. MR. KANUHA: Yes, we do. Yeah. MS. KIERKIEWICZ: Okay, I just want to make sure. MR. KANUHA: Well, we've been doing it since 2008, and we do it for every application that has these kinds of criteria that come before us. MS. KIERKIEWICZ: Okay. Thank you, Director. I appreciate it. MR. KANUHA: You're welcome. CHR. CHUNG: Okay, anyone else? So, we have a motion on the floor to amend Bill 87, Draft 2, with the contents of Communication 352.16. All those in favor, say "aye." Vote on Motion to The motion to amend Bill 87, Draft 2, with the contents of Amend: Comm. 352.16 was carried by the following voice vote: (Approved) Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried and then let's go back to the main motion. Page 10 Hawaii County Council-21 September 4,2019 MR. HENRICKS: Mr. Chair, this is the point in the proceedings where, because it's at second and final reading, the rules require a holdover of the bill because it was amended. CHR. CHUNG: Oh, okay. So, we are going to hold. MR. HENRICKS: It's up to the Council. They can holdover or CHR. CHUNG: Would you like to holdover or suspend? MS. DAVID: No, we can suspend the rules. What rule is that? MR. HENRICKS: 24(1)(e). CHR. CHUNG: Okay. Vote on Motion to Ms. David moved to suspend Council Rule 24 to waive the Suspend Council holdover for the substantive amendment of Bill 87, Draft 2. Rules: Seconded by Ms. Eoff and carried by the following voice (Approved) vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Let's go on to the main motion. There's a motion to approve Bill 87, Draft 2, as amended. Any further discussion? All those in favor, say "aye." Vote on Bill 87: The motion to pass Bill 87, Draft 2, as amended to Draft 3, Draft 3 on second and final reading was carried by the following (Adopted) voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Page 11 Hawaii County Council-21 September 4,2019 CHR. CHUNG: Motion carried. Okay, I have a request by Ms. David to take Resolution 267-19 out of order. Res. 267-19: 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 COOPER CENTER COUNCIL TO ASSIST WITH ITS VOLCANO EMERGENCY RESPONSE PLAN THROUGH THE ESTABLISHMENT OF AN EMERGENCY OPERATIONS CENTER Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Civil Defense Agency, Other Current Expenses account. Reference: Comm. 421 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 267-19. Seconded by Ms. Poindexter. MS. DAVID: Thank you, Chair. I'd like to thank Mr. Wilson for being here today and for reaching out to me for this very important funding that they need in Volcano for the emergency response plan. Given what's been happening, I just would like to ask for the support of my Council Members. Thank you. I yield. CHR. CHUNG: Okay. We have a motion on the floor. All those in favor, say Ic aye. Vote on Res. 267-19: The motion to adopt Res. 267-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Let's move on to 262. Somebody was here for that, right? Resolution 262. Page 12 Hawaii County Council-21 September 4,2019 Res. 262-19: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE FULL SIZE COLOR SCANNER AND PLOTTER FOR THE PLANNING DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$250. Reference: Comm. 416 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 262-19. Seconded by Ms. Lee Loy. CHR. CHUNG: Discussion? MS. DAVID: Yes, thank you. Mr. Le? Yes, a waiver was requested to expedite the process, and could you just give us a brief explanation of the urgency? Thank you. (Note: At this time, Administrative Services Officer Douglas Le, Planning Department, came forward to address the members of the Council.) MR. LE: Of course. Good morning, Chair and Council Members. Douglas Nam Le with the Planning Department, Admin. (Administrative) Services Officer. We did request a waiver because our department has relied on a large-format printer- scanner for about a decade now with a piece of equipment we purchased back in 2009. We use it daily, as you can imagine, to scan and archive building permit applications, large planning documents as wide as three or four feet, and also provide copies to the public of our records. It failed early this summer, and so we haven't been able to provide all the services that we normally would in terms of copies to the public when they've requested. It took us some time to get through the cost-benefit of leasing something or purchasing anything outright. And we worked with Purchasing on understanding what the options were. But we are trying to get this back online so we can continue the service. MS. DAVID: Thank you very much. And 250 a month, I think that's a reasonable cost. So, I ask for your support, my colleagues. Thank you. CHR. CHUNG: Any further discussion? There being none, all those in favor say Ic aye. Page 13 Hawaii County Council-21 September 4,2019 Vote on Res. 262-19: The motion to adopt Res. 262-19 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 is carried. Thank you. Let's go to 263-19. Res. 263-19: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR EMPLOYMENT CONTRACTS FOR THE PLANNING DEPARTMENT Authorizes the Mayor to enter into four-year employment contracts with an option for additional extensions for seven positions to support the 2018 Kilauea Eruption recovery efforts. Reference: Comm. 417 Intr. by: Ms. Kierkiewicz Waived: FC Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 263-19. Seconded by Mr. Richards. CHR. CHUNG: Discussion, Ms. Kierkiewicz? MS. KIERKIEWICZ: Thank you, Chair. These positions are to support recovery efforts and to carry out the work that our body reviewed through the interim recovery strategy. So, I'd love for Director Ley and for Mr. Le to just, let's start with an overview of what these positions are. I believe there are seven positions that you were looking to create contracts for. (Note: At this time, Research and Development Director Diane Ley and Administrative Services Officer Douglas Le of the Planning Department came forward to address the members of the Council.) MS. LEY: Good morning. Diane Ley, Director of Research and Development and the Kilauea Recovery Manager. Thank you, Ms. Kierkiewicz, for introducing this. So, as you know, recovery is a complex long-term proposition. And so, what the Administration would like to do is ask this body to authorize up to four-year Page 14 Hawaii County Council-21 September 4,2019 contracts for various employment positions. These are critical positions that will help us to lift up the community voices, the planning process, and actually deliver on projects and initiatives, as well as seek opportunities for funding and be in full compliance of any grants that are awarded to us. So, we are trying to move this forward quickly, hence the waiver from Committee. We know these positions are needed, and we need to expedite work so that we can, again, proceed on recovery projects and initiatives. We went and met with Human Resources, as well as Corporation Counsel, to verify the authorities to hire under HRS (Hawai`i Revised Statutes) 76-77, which covers civil service and exemptions, as well as HRS 127A-12(c)(7) which authorizes the Mayor to exercise emergency management powers including those under recovery and allows for employment. We've identified the need to use contract employment as a way to achieve our goals in terms of working on recovery, which is expected to be long-term, but we don't want to create positions that may not be needed as recovery evolves or comes to completion. And so, these are positions that can be put in place as needed and then afforded as appropriate. We've identified seven critical positions, one being the recovery officer which would serve as executive-level leadership to basically oversee the work of various departments, community partners, and delivering disaster recovery funding and related construction, mitigation, relocation, and resiliency. We've also identified a recovery and redevelopment manager that would oversee the development implementation and coordination of our disaster recovery plan, and an assistant to that position. And a community engagement and collaboration position, a program coordinator to assist us internally with coordinating the various activities of leadership and the various teams, as well as the working groups that are assisting. And then, a communications specialist and also an SQL (Structured Query Language) database specialist for recovery under IT (Information Technology). MS. KIERKIEWICZ: Director, I don't think the resolution noted the cost of all the positions. So, what's the total cost of these seven positions? MR. LE: Douglas Le, Administrative Services Officer with the Planning Department. So, across these seven positions we estimate the budgeted salary to be just under $600,000 on an annual basis. So, specifically it's 597. That is direct salary and not necessarily fringe, which I think a growing rate is roughly around 24 percent. MS. KIERKIEWICZ: And how are we funding this? Page 15 Hawaii County Council-21 September 4,2019 MR. LE: I think the current discussion, and kind of under Finance's leadership, is to apply some of the recovery dollars we currently have, the $10 million of that grant that we received from the Governor, to cover this first year. We know that funding from the Legislature, the 20 million, could be applied. But funding for future years, we could also use Federal funding coming through, for example, the CDBG or Community Development Block Grant for disaster recovery funding from HUD (United States Department of Housing and Urban Development) could also cover these positions. MS. KIERKIEWICZ: Not certain. MR. LE: Not certain, correct. MS. KIERKIEWICZ: Okay. I can already hear State legislators coming at me saying, "We didn't give you this money to create more positions." I fully understand and support the need for folks dedicated to recovery efforts. So, out of these seven, which three are absolutely critical that we need to fill that can really get the ball rolling on recovery? I know they're all critical, but from our point of view, what can we support and show in good faith that this process is going to work with the positions you've articulated are necessary? What three are critical, and where are we in the process of identifying candidates here on this island that can actually do this work? MR. LE: Sure. I'm one of five children, so answering questions like this is very personal. So, for these seven positions, some positions are for employees who are already on board as part of one-year employment contracts. So, for example, the—it's a long title—the manager for community collaboration and engagement is a position that has been on board for the past year. MS. KIERKIEWICZ: That's Bob Agres. MR. LE: Correct. MS. KIERKIEWICZ: Okay. MR. LE: Yeah, through the standard civil service exemption mechanisms of a one-year contract. And so, the need for this work and this position continues. And so, your question about how can we find these folks and folks who are local, three of these positions currently have people in them under one-year contracts. And so, we sought this mechanism of seeking authority to enter them into multi- year contracts with the flexibility that provides so that these folks could continue to stay on and do the good work. Page 16 Hawaii County Council-21 September 4,2019 Many hands have gotten us to this place; with R&D (Research and Development), Corp. (Corporation) Counsel, the Mayor's Office, Planning, and Finance. So, I can help to answer the question, but other folks within the senior team may have different opinions about which are the top three. And to your point about how the Legislature may see this action in terms of standing up a team, I think it really is around central coordination and accountability. I think the good folks who have been leading this recovery effort on behalf of the Administration have been doing so on top of their day jobs. And I think, in partnership with the Council, it is important to understand that kind of we are putting our dedicated resources to get the job done in this area, but also that there's central accountability. So, when things are going right, who do we applaud? And when things aren't going as well as it could be, who is responsible? That's really our goal in pushing this forward. And in light of that, some of my colleagues might have a different top three. But I think the recovery officer's an important one in terms of kind of some centralized focus and working across leadership with the Administration, with the community, and also with the Council to move this forward. The other two MS. LEY: Maybe I could speak to the vetting of candidates. We have been, well, I should step back. As Douglas indicated, we do have three positions on board, and that includes the community engagement position, the program coordinator, and the communications specialist. For the sql database specialist, my understanding is that a position description is developed and they've identified a set salary. If you have additional questions, we can bring forward Jules Ung to respond to that `cause that's a complex, out-of-my-league position. As far as the recovery officer, we had been vetting several candidates and we know that position is critical to providing leadership. We'd like to see that filled as soon as possible. And then as far as the HRA (Hawai`i Redevelopment Authority)—the redevelopment manager, which would function under the HRA component of Planning—again, in order for us to—once the strategic plan process is completed in order for us to implement these big projects. This is a critical position, and obviously an assistant is needed for that. We spent a lot of time in identifying these positions. We think they're all critical. We think that they all stand the weight of both the Governor's office staff review when we provide our accountability to the Governor's Office under the $10-million contribution to the County, as well as going before the Legislature. We need bodies in order to accomplish our work, and we're not going to have less work in the coming MS. KIERKIEWICZ: You'll have more work. Page 17 Hawaii County Council-21 September 4,2019 MS. LEY: Yes. MS. KIERKIEWICZ: I think I created more work for you yesterday. MS. LEY: There's a long laundry list for sure. MS. KIERKIEWICZ: Can you share why the Planning Department has been identified to house the recovery team? MR. LE: Over the past several months as the leadership team, which is represented by the Mayor's Office, R&D, Finance, and the Planning Department, has thought about the approaches, then, that this team, you know, even within these positions some are more countywide in their scope as kind of they are presented. Some are specific to what would be normal Planning Department responsibilities. There's an IT specialist that the Planning Department definitely—it's not in our(inaudible), necessarily. But one overall theme was that it would be most efficient for the County to standup all of these positions within one department, as opposed to kind of different departments routing different contracts, kind of losing track of language and the way that the positions work together and the scopes and everything. Planning stood out as a department that could house this growing team for a couple of reasons. Just one being that this is a countywide effort. It's going to involve folks from many departments. Planning does have its, kind of, Charter- mandated role as a central coordinating agency, and we do work across departments part of kind of Planning's culture to do so. A second piece was also around kind of the size of our department. We are about 60-plus strong, and we have some administrative backup to be able to take on these additional positions. And with every contract employee, you can imagine it's another payroll to approve; one of the on-boarding processes. And so centralizing it, we felt it just would set us up for success in terms of some efficiency in process. And the third piece being that this team, its mandate will really be around working with the community, working with private players, working with the Council and across the County departments to understand what the objectives are, where funding can go and cannot go, who needs to be at the table to actually execute the projects. And so, while I think many departments are able to exercise these muscles, Planning also can. And so, there is this idea that if we're going to centralize somewhere, and really a lot of the efforts coming out of the recovery plan that is currently being worked on, that Planning be the place to be. MS. KIERKIEWICZ: And you looked at—you considered other departments, I'm assuming, before deciding on Planning. MR. LE: Correct, yeah. Page 18 Hawaii County Council-21 September 4,2019 MS. KIERKIEWICZ: Okay. The last question I have is about accountability and who this recovery team is accountable to, and does that—where does the Council fit in to that accountability piece? MR. LE: So, I can start to answer that question. I feel like it's important to think about reporting structures as well as accountability `cause I don't necessarily think that they both have the same thing. As a team within a County department that's working with the County and part of the Administration, in my mind this team does report to the senior leadership team that was appointed to work on recovery. That is the Mayor's Office. That is Finance. That is R&D and Planning. As members of the Administration, employees on this side of the County, we all report to the chief executive, right, in that way. I think accountability goes beyond just reporting. And I think it's around working with being accountable to our partners within government, both at the County, State, and Federal levels. This team is going to need to work with the Council in close partnership. I'm not going to predetermine what the outcomes of our recovery plan is going to be. I think we'll all ride along there together. But I do feel that whether it be zoning impacts, Code changes, support of where to put our dollars as a County and put those dollars responsibly, that is a close partnership that will require mutual accountability, kind of, with this team and with the Council. I think, looking beyond our walls too, it's also important that we are accountable to the folks who are affected by the lava and kind of working in partnership with those folks. I think in this first year under Diane's leadership and Council's leadership, really specific and targeted initiatives have been stood up into helping folks get access to or helping identify where resources could be deployed quickly. I think more of that needs to happen. But really, that is mutual accountability again with members of the community, folks who are affected, Council, and this new team coming from the Administration. MS. KIERKIEWICZ: I just love Douglas. I just have to say that for the record. I love you too, Diane. But you've been working so hard, and I'm sure that you will love when a recovery officer is here so you can get back to R&D. But I hope that with your expertise you're still going to be involved even as the dedicated team is being pulled together. MS. LEY: That's my assumption, unless the Mayor tells me to just stay in my office. But reality is that one of the key pieces of recovery is the economic side. And so, we do have a lot of work to do. The impacts are certainly hitting lower Puna and upper Puna hard, but the impacts are islandwide. And this is an opportunity for us to again hit that reset, and really what can our business community be like in the future. These are really opportunities for us to move forward in new ways, and so we're excited about it. Page 19 Hawaii County Council-21 September 4,2019 And we're excited about the idea that we would be able to have dedicated employees that are working solid hours that are focused on recovery, but integrating within our existing systems, within our existing programs, within the County's goals and objectives, and certainly those of the Council as well. Yeah, this is a real opportunity to lift this forward and really move this along quickly. MS. KIERKIEWICZ: Yeah, I think we all agree. I think the last thing I'll say is I'm going to encourage my colleagues to support this. I have a little bit of a hesitation about how we're going to fund this over the next four years. And if recovery is going to take 8 to 10, possibly 12, I'd like there to be some thought and a report back to this body at some point this year to talk about funding for the long term. I'm not arguing with you; fully supportive of needing a wholly dedicated team that's just focused on recovery. But I just want to make sure, because we are entering potential recession, that we can afford this and that the recovery effort won't be compromised because we're not able to pay. Point of MS. LEY: If I may,just a point of clarification. So, we've targeted using the Clarification: 10 million from the Governor as a drawdown. And my understanding is that didn't have a sunset date on it, the 10 million. I believe Steven Hunt is here if he needs to clarify that. But also we are looking at additional funding pools, opportunities to apply for housing and urban development. And if those Community Development Block Grant disaster relief funds come through, there may be opportunities to drawdown for specific portions of salaries and opportunities like that. So, we will continue to look at all of our options. We don't want to draw our piggybanks down. We want to make sure that we can balance the funding pots and use the administrative services resources appropriately from each funding source. And actually, this team will help us with that process of being able to be clear about what different funding pot's objectives are and where, and the types of uses we can make of those resources. So, yeah, thank you. MS. KIERKIEWICZ: Thank you. I'm just encouraging everyone to be creative about how we finance things and do things going forward. So, thank you. Chair, I yield. MS. LEY: Thank you. CHR. CHUNG: Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. Thank you, Douglas and Diane, for being here. I am, too, like Ms. Kierkiewicz, really concerned about the funding and the funding mechanisms for these new positions. I really do like the communications specialist. I think that's where this critical path, as far as what's happening, is the tipping point of real recovery. Page 20 Hawaii County Council-21 September 4,2019 I, too, am concerned about where the money's coming from; the 10 million, the CDBG, the HUD monies. And maybe as a suggestion, in some of these positions, if some of those job descriptions were written in a way so that they would be able to secure other grant-funding sources, being very creative, not strictly just for recovery, but just other funds available in a way that could accelerate just a little bit of their money from other pots of money. I was a little apprehensive about the number of positions because I, too, am concerned about the reporting structure and how that comes back to the Council and we have that open-and-transparent conversation. I'm just lofting ideas out there so that, as this recovery team stands up, there's a conversation about reporting back to us—and not so much for permission for the open-and- transparency part—so that we can identify all of the stuff that was identified in the interim recovery, that those goals and objectives are being met. And if they are falling behind, how this body can help, right, and if we have to start redirecting funding or lobby other areas with the bandwidth we have. I always think about this. Chair Chung tasked us with this at the beginning of the year, and it's critical to the success of this island. So, yeah, with that I'm going to be supporting this resolution. But if you guys could take that back and kind of massage that into some of these position descriptions with those things in mind. Thank you. CHR. CHUNG: Mr. Richards. MR. RICHARDS: Thank you, Chair. I'll echo the concern as far as the oversight of the funding and coming forward, and I'm not going to rehash it well. And I do echo that coming forward and looking for the future of the funding of those positions. I don't want to belabor it, but it is a concern. So, I appreciate that. I yield. CHR. CHUNG: Anyone else? Diane, I'm certainly supportive of this concept. It's the first step, I think, towards creating a real central clearinghouse for information and other tasks. And I think that's needed, particularly following up with what happened yesterday on the Council. And it might be really the first step to establishing what might loosely be termed as a"disaster recovery tsar." I think it's needed, quite frankly, `cause I know you've been taken away from your work for the longest time and pressed into action, basically. But I think we need somebody more focused on a singular task, right? Having said that, though, I'd like to ask some questions regarding this resolution, more from an HR (Human Resources) standpoint. If you can just explain to me, `cause I'm not completely familiar with HR principles. That's Ms. Poindexter's domain. But what is this four-year contract that we're looking at? You're going to enter into a contract that says it's for four years? Page 21 Hawaii County Council-21 September 4,2019 MR. LE: I'm happy to answer on behalf of HR. And if they come, I'm sure they could chime in too. This has mainly been my interface of working with Human Resources and across the departments to figure out a strategy. Standard civil service exemption, I think it's 76, covers things like "no more than 89 days,"what those conditions are; "up to a year,"what those conditions look like. But all of the County's employment contracts do have a clause, for lack of a better name, of"ten days' notice by other party, either by the employer, the County, or the employee." Standard language within our contracts is also around the certification of funds. So, even if a one-year contract spans a fiscal year, for example, the funds have to be certified by the 15'h of June of each year. And so, now that we're entering this multi-year structure, there would be three trigger points, right? And so, it does call out that these four-year contracts with additional optional extensions would have trigger points that, if come June 151h of 2021 there weren't enough funds available, the terms are clear, right, that we cannot move forward. CHR. CHUNG: Well, yeah, and therein lies my angst, I think. Because, this calls—as required by the County Charter, we have to authorize by resolution these multi-year contracts. Right? But as you pointed out, it says, "with optional additional extensions." That kind of flies in the face of what this resolution is all about, really. I mean, I can see if they were a three-year contract, okay, five-year contract. But we don't know exactly what the Administration is going to put in these contracts with regards to optional extensions. Right now, what we have before us is something calling for four years, yeah. We need more information or some assurances, at least, from all of you that either this thing is going to be taken out, or it will be one-year extensions with further authorization of the County Council or something like that. Because, we don't know what's going to be placed in that contract. And that would actually go contrary to the spirit of this resolution. I mean, `cause, I don't care if it goes ten years, quite frankly. I just want to make sure we know what we're getting into. And another thing is we don't want to circumvent civil service laws by these types of resolutions. I just want to make sure we're safe. MR. LE: I think it's an important question to be asking. Unfortunately, that kind of starts to get out of the realm of my area. CHR. CHUNG: Right, of course, I know that. MR. LE: That becomes more of a Corp. Counsel piece. I mean, I think in our discussions to get it to this proposal in the resolution, my understanding was that Page 22 Hawaii County Council-21 September 4,2019 we need authority from the Council to enter into multi-year contracts, but there are necessarily kind of a specific timeframe for which we need to ask authority for, but just the multi-year aspect of it. Right? CHR. CHUNG: Because of the importance of this matter and assembling a group of people who can help all of you and us move forward, I'm willing to take a leap of faith on this with some verbal assurances from the two of you that either this will be taken out or there will be some safeguards to make sure that this doesn't become a permanent contract. MR. LE: Understood, yeah. So, Bill Brilhante has joined the room. If it's all right with the Council CHR. CHUNG: I mean, who's going to be administering? Who's going to put this contract together? Is it you, Bill? Is it going to be the Corp. Counsel's Office? Or who's going to actually draft this? MR. LE: So, since these positions are Planning positions on contract, Planning will be printing out the contract, kind of routing it for signatures, etcetera. But it is based off of a template that HR and Corporation Counsel have developed on our behalf to make sure that we are consistent and following all the rules and laws. But I'll hand it over to Bill. (Note: At this time, Human Resources Director William Brilhante came forward to address the members of the Council.) CHR. CHUNG: Bill, you heard my comments, right? I want to see this thing go through, but we don't want to be defeating the purpose or spirit of our own County Charter, as well as civil service laws. MR. BRILHANTE: Good morning. CHR. CHUNG: Good morning. MR. BRILHANTE: William Brilhante. Good morning, Chair and County Council members. William Brilhante, Director of the Department of Human Resources. I've been following along this discussion with the live videostream, and I'm somewhat familiar with your question, Chair Chung. So, what I'd like to do is, in response to that,just take a step back. When we look at County positions, we look at governmental positions, the primary responsibility or area of concern is whether or not we are able to provide an employee with civil service protections. There are some exemptions afforded to the County within the HRS. And if a position falls within one of these exemptions, then we're able to proceed with a contract position or something other than civil service. Page 23 Hawaii County Council-21 September 4,2019 In this case, due to the uncertainty of the funding, availability of the funding and the program itself, the need, how long it would be, these positions were created pursuant to the Mayor's emergency proclamation. So, there's an exemption under HRS 127A-12(c)(7), which allows the Mayor to create positions in response to an emergency. And then that affords us the exemption under 76-77, which is the civil service exemptions, HRS. So, we identified these positions as being probably better serving the community in somewhat of a temporary-type capacity. Because again, the major thought behind that was because of the uncertainty of the funding, which Mr. Le explained earlier to the Council. So with that in mind, we've been kind of moving forward in that direction. So in response to the duration of the contract, we're here because the anticipated use of these various employees is probably for greater than one year, to be realistic. There's no way somebody is going to come in and in one year be able to accomplish all that's required of that position. So, we anticipate the duration being longer than a year. So, no different than when we come in here for a multi-year lease agreement for a copier or something to that effect, in order for us to set funds aside for over one fiscal year, we have to get County Council approval. CHR. CHUNG: I think maybe you didn't hear the whole conversation, Bill, maybe when you were coming over. All I'm worried about, really, are these optional additional extensions. We have no idea what those optional additional extensions are, whether they be one year or an additional four years and then four years thereafter. My concerns lay on several levels, and I articulated them earlier. We don't want to defeat the spirit of our County Charter and the need for this resolution. We didn't want to violate any kind of civil service laws, of course. But another overriding principle would be this: We don't want to be creating a deeper layer of employees whose usefulness will have expired after a certain period of time. If not, we may as well just go through the whole civil service process and make these guys permanent employees, see. But that would fly in the face of what is being represented here. And that's all I want to know about these optional additional extensions. It really is open-ended. I have no idea what that means. MR. BRILHANTE: I think Mr. Le was discussing that a little. These contracts are going to—the reason that the Planning Department has been identified is because when you have a contract to this effect, an employment contract, you need the supervisory component in there, you need the necessity. Are we properly using the money in the most ? CHR. CHUNG: I understand that, Bill. Page 24 Hawaii County Council-21 September 4,2019 MR. BRILHANTE: So, is the need there? CHR. CHUNG: I just want to know, in the contract, what are going to be the terms of this "optional additional extension"? MR. BRILHANTE: That I can't speak to specifically, but there are, you know, within all of our employment contracts, there's a scope of work that each individual is expected to do. There's an evaluation process that the employee is going to have to comply with. And it comes back down to thein this case, because it's under the Planning Department, it would be the Planning Director to make a determination as to whether or not this individual is performing to the employer's expectations and whether or not the need continues to exist. CHR. CHUNG: So, basically it is as long as the need exists. MR. BRILHANTE: It would be as long as the need exists and also the availability of the funds. CHR. CHUNG: Okay. Oh, yeah, our HR expert is over here. Go ahead, Ms. Poindexter. MS. POINDEXTER: No, I have been out of it for a while. But the employment contracts, they are regular employees; they're just by contract. They've got to abide by everything—come into the office, use our computers and all of that instead of being contractors where they're responsible for their own time and all of that. Correct? MR. BRILHANTE: Those would be the second, you know, description would be more of an independent contractor. MS. POINDEXTER: Right. So MR. BRILHANTE: That's not what we're doing here. MS. POINDEXTER: Yeah, why couldn't you do independent contracts that have to come before us if they're going to be extended? Why wouldn't we go independent so that we can see the control, whether—are they doing okay for the year? Do we want to do an extension? Because, I hear what everybody is saying because when you have an employment contract, then we're not going to know whether you guys are going to keep them on as permanent employees. Maybe we'll know when it comes for the budget and we see more listed. But I think what they're concerned about is we're losing some type of oversight on these positions once we go into an employment contract. Page 25 Hawaii County Council-21 September 4,2019 MR. BRILHANTE: I'm not sure if that's altogether correct. An independent contractor serves somewhat in the same capacity as someone under this type of employment contract but for the fact that they have more independence. So, we would actually lose more control over them if they were an independent contractor. MS. POINDEXTER: Unless it's in their contract. Unless certain things, the scope of their work is in the contract and what they produce, what comes out. Because, it's like having the employment contract and you're going to have to do a three-month evaluation or a six-month, or whatever you determine as their evaluation points. But why couldn't the independent contracts list what the scope is and what should be accomplished in certain time periods? And if they don't, then you have a reason to break that contract `cause then they're not doing great, right? So, it's kind of like you can still do that even with the employment contract, but the scary thing about the employment contract is then we don't know anything after that what goes on. Correct? Unless we call you, and you give us information. But that never comes back before this body until the budget time. Correct? MR. BRILHANTE: I guess I'm not as familiar with the process as you're describing here. I see both employees having to report regularly to the administrative department head who's administering the contract. MS. POINDEXTER: So, either way it goes, they would still have to MR. BRILHANTE: Yeah, we'd put MS. POINDEXTER: `Cause if it goes independent, you still have their scope of services that need to be MR. BRILHANTE: You still put deliverables in both contracts MS. POINDEXTER: That they—the deliverables within the scope, right. MR. BRILHANTE: And in both contracts, you make performance evaluations. MS. POINDEXTER: Right. MR. BRILHANTE: And both contracts afford the employer—us—the opportunity to terminate the contract if the contractee is not performing to our expectations. Page 26 Hawaii County Council-21 September 4,2019 MS. POINDEXTER: Yeah. And the difference between those two is how are we involved in it, you know, whether the MR. BRILHANTE: I guess by "we," you mean the County Council? MS. POINDEXTER: The Council, yeah. Because, on the independent contract, there's provisions. So, I'll yield at this time. I just wanted to point that out. CHR. CHUNG: I see there's all kinds of issues involved. How's about this? Why don't we just take out this thing, "with optional additional extensions"? And it does not preclude the Administration from coming in and asking for the extensions later on. I just don't like this open-ended idea `cause we don't know what you guys are going to put in the contract, yeah. So, they can just come back and ask for extensions. Can we just take that out? No problem, right? Because for all we know, we don't even know if we're going to need four years, quite frankly. Hopefully not. But we'll go four years. MR. BRILHANTE: And quite honestly, that was a lot of the rationale and justification as to why we're going with the contract as opposed to creating a civil service position. Once you bring them in on a civil service, they're your employee, boom, going forward. CHR. CHUNG: So, Mr. Clerk, how can we get rid of this clause quickly? MR. HENRICKS: So our rules, your rules require that amendments be provided in writing unless they're typographical. Clearly, this is not typographical. I understand you want to delete from the one, two, three, fourth "WHEREAS" clause, the comma after the word "years" and the remaining text up to the semicolon. CHR. CHUNG: Right. MR. HENRICKS: We could have somebody type that up for the record so it's abundantly clear, take other matters up, or you could suspend your rules that require that these types of amendments be made in writing. CHR. CHUNG: Yeah, so we can move this thing ahead already. I mean, is everybody in agreement with that? MR. HENRICKS: So, if a Council Member is interested in making a motion to amend this resolution by a verbal motion, then they would first need to make a motion to suspend the rules that require that amendments be provided in writing. MS. KIERKIEWICZ: Chair, we're looking at what the rule is so that we can make the proper motion. Page 27 Hawaii County Council-21 September 4,2019 CHR. CHUNG: Okay. We do want to move this thing through, yeah, but we have some concerns. MR. LE: Yeah, and then our consensus is removing it would be fine. MR. HENRICKS: So, Mr. Chair, if a Council Member was interested in making such a motion, they would first ask to suspend Rule No. 14(e). Vote on Motion to Ms. Poindexter moved to suspend Council Rule 14 to allow Suspend Council for a verbal amendment. Seconded by Ms. Kierkiewicz and Rules: 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, can I have a motion now just to amend this resolution by ? MS. KIERKIEWICZ: Chair? CHR. CHUNG: Yes. Vote on Motion to Ms. Kierkiewicz moved to amend Res. 263-19 by striking Amend: out ", with optional additional extensions" from the fourth (Approved) "WHEREAS" clause. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, and Chair Chung—8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Page 28 Hawaii County Council-21 September 4,2019 Vote on Motion to Ms. Lee Loy moved to suspend Council Rule 24 to waive Suspend Council the holdover for the substantive amendment of Rules: Res. 263-19. Seconded by Ms. Kierkiewicz and carried by (Approved) the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, and Chair Chung—8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. CHR. CHUNG: Motion carried. Back to the main motion, as amended. All those in favor, say "aye." Vote on Res. 263-19: The motion to adopt Res. 263-19, as amended to Draft 2, Draft 2 was carried by the following voice vote: (Adopted) Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, and Chair Chung—8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. CHR. CHUNG: Motion carried. MR. HENRICKS: Just to be clear that the resolution was amended to Draft 2, Council suspended its rules, and now the resolution, as amended, has been adopted. CHR. CHUNG: Yes. MR. HENRICKS: Thank you. CHR. CHUNG: Congratulations. Thank you very much. Sorry for the delay. MR. LE: Thank you for your support. CHR. CHUNG: Okay. That took a long time, sorry. Who do we have here? MR. HENRICKS: From the top? Page 29 Hawaii County Council-21 September 4,2019 CHR. CHUNG: Well, no, let's—okay, we've got there. Well, how long Ashley, how long is your resolution 270 going to take, about? MS. KIERKIEWICZ: Can we do that now while Director's here? CHR. CHUNG: Yeah. Okay, let's do that. Resolution 270-19. Res. 270-19: AUTHORIZES THE COUNTY OF HAWAII TO AWARD FUNDS TO MALAMA `O PUNA Awards a $28,000 grant to establish a temporary road for residents and farmers from Malama Ki to access homes and farms lava locked by the 2018 Kilauea Eruption. Reference: Comm. 427 Intr. by: Ms. Kierkiewicz Waived: FC Relinquish Chair: At this time, Chair Chung relinquished the chair to Acting Chair Eoff Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 270-19. Seconded by Mr. Richards. ACTING CHR. EOFF: Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I just want to stress to my colleagues that this is your Bill 12 money at work. When Council Member Lee Loy and I made amendments and we directed $50,000 to helping residents get back home, this is what this is doing. And so, all of the money's been expended to date. I want to thank Council Member David and Chair Chung for waiving it out of the Committee and breaching internal rules so that we could get this on the agenda immediately. I want to thank Rene and everyone on the board of Malama `O Puna for providing assistance. Thank you, Nicolette, for all of your hard work in working with State agencies and others to go through the process. It was a long arduous process, but I'm so proud of the effort that you made to get it all done. And I want to thank you, Diane, especially your staff, Public Works, for working with community to build up the capacity and find the way to get it done. Thank you. I'm asking everyone for their support. Also, a shoutout to Public Works. I appreciate you guys making this happen. Your expertise in finding a way to get it done was appreciated. Thank you. I yield. Page 30 Hawaii County Council-21 September 4,2019 ACTING CHR. EOFF: Okay, thank you. Any other comments, Council Members? Seeing none, I'll just add my thanks and congratulations, and looking forward to hearing back from you guys as you get to go back home. Okay, all in favor please say "aye." Vote on Res. 270-19: The motion to adopt Res. 270-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. ACTING CHR. EOFF: Resolution 270-19 is adopted. Vote on Motion to Ms. David moved to suspend Council Rule 15 to waive the Suspend Council 5-day hold for reconsideration. Seconded by Ms. Lee Loy Rules: and carried by the following voice vote: (Approved) Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Acting Chair Eoff—9. Noes: None. Absent: None. Excused: None. Relinquish Chair: At this time, Acting Chair Eoff relinquished the chair to Chair Chung. CHR. CHUNG: Okay, let's see. Why don't we now take up Bill 90? Page 31 Hawaii County Council-21 September 4,2019 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) First Reading: August 21, 2019 Vote on Bill 90: Ms. Kierkiewicz moved to pass Bill 90 on second and final (Adopted) reading. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Okay, now let's go on to Resolution 253-19. Return to Order The Chair directed the Council to return to the order of business. of Business: Res. 253-19: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES GEOLOGICAL SURVEY Funds in the amount of $46,672 would be used to continue the cooperative flood-monitoring program, which consists of the planning and designing of flood management systems such as bridges, culverts, and levees. Reference: Comm. 407 Intr. by: Ms. David (B/R) Approve: FC-48 Page 32 Hawaii County Council-21 September 4,2019 (Note: Comm. 407.1, from Council Member Aaron S. Y. Chung dated September 4, 2019, transmitting an abstract for the 2010 United States Geological Survey regarding flood-frequency estimates for the State of Hawaii, was circulated.) Motion to Approve: Ms. David moved to adopt Res. 253-19 and Finance Committee Report No. 48. Seconded by Ms. Lee Loy. CHR. CHUNG: Discussion? MS. DAVID: Yes. Director, we received a communication for this on that flood study thing. Could you just explain what we just received? CHR. CHUNG: And I would mention, though, in relation to that, there is an accompanying 130-page report which we couldn't make copies of given the short time. And go ahead, David. MS. DAVID: Thank you. (Note: At this time, Public Works Director David Yamamoto came forward to address the members of the Council.) MR. YAMAMOTO: Good morning, Council. David Yamamoto, Director of Public Works. Basically, what the USGS (United States Geological Survey) does is they collect data over the years, and they put it through their evaluation to establish peak stream flows and stuff for the State of Hawaii. And so, that's the reason why Public Works participates in this in as far as that information is helpful for us on our floodplain management and the capacities of our culverts and bridges. MS. DAVID: So this study is, basically, for streams and culverts and not necessarily areas that flood that are not located next to streams. These are just specifically for those things? MR. YAMAMOTO: They're monitoring the various streams to predict, what is that, peak flows and stuff, and whether it be a five-year or ten-year or 50-year storm. MS. DAVID: Okay. All right, I'll yield. Thank you, Director. CHR. CHUNG: Anyone else? Oh yes, Matt, go ahead. Page 33 Hawaii County Council-21 September 4,2019 MR. KANEALI`I-KLEINFELDER: I was just reading this communication from USGS, and it says there, the error prediction ranges from 16 to 620 percent. A southern part of Hawaii Island had the greatest error prediction in their regression equations? MR. YAMAMOTO: I didn't get to read the entire report to understand what they're referring to. MR. KANEALI`I-KLEINFELDER: Is there a large amount of error in what they'reI mean, I don't want to poke holes in it but just from reading this brief description of what it is, it sounds like they're having a hard time gauging our floods here on this island and our streamflow. MR. YAMAMOTO: It sounds that way. Yeah, I think they're having that problem all over the world, actually. As the weather changes, things that they had thought in the past is now not holding true and stuff. MR. KANEALI`I-KLEINFELDER: How does that affect us, that obvious kind of error in their data? MR. YAMAMOTO: Well, I guess that's why they collect it on an annual basis and try to keep running these programs to make these predictions of streamflow. And they're basically using all that data to come up with some way to predict streamflows and frequencies. MR. KANEALI`I-KLEINFELDER: Okay, thank you. CHR. CHUNG: Anyone else? There being none, we have a motion on the floor. All those in favor, say "aye." Vote on Res. 253-19: The motion to adopt Res. 253-19 and Finance Committee (Adopted) Report No. 48 was carried by the following voice vote: Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member Eoff— 1. Excused: None. CHR. CHUNG: Motion carried. Page 34 Hawaii County Council-21 September 4,2019 Res. 261-19: AUTHORIZES THE ACCEPTANCE OF A DONATION OF FUNDS TO BE USED BY THE OFFICE OF THE MAYOR FOR TRAVEL AND OTHER EXPENSES TO ATTEND THE HAWAIIAN FESTIVAL IN YURIHAMA, JAPAN Accepts a monetary donation of approximately $2,100 from the town of Yurihama, Japan. Reference: Comm. 415 Intr. by: Ms. David (B/R) Waived: FC Vote on Res. 261-19: Ms. David moved to adopt Res. 261-19. Seconded by (Adopted) Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—7. Noes: None. Absent: Council Members Eoff and Kaneali`i-Kleinfelder—2. Excused: None. CHR. CHUNG: Motion carried. Res. 264-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST WITH EXPENSES RELATED TO THE 2019 HAWAII ISLAND VETERANS DAY PARADE Transfers $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. 418 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 264-19. Seconded by Mr. Richards. CHR. CHUNG: Any discussion? MS. DAVID: I just ask for your support. Mahalo. CHR. CHUNG: Okay. All those in favor, say "aye." Page 35 Hawaii County Council-21 September 4,2019 Vote on Res. 264-19: The motion to adopt Res. 264-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—7. Noes: None. Absent: Council Members Eoff and Kaneali`i-Kleinfelder—2. Excused: None. CHR. CHUNG: Motion carried. Res. 265-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KA`U RURAL HEALTH COMMUNITY ASSOCIATION, INC., FOR THE 9TH ANNUAL FLOATING LANTERN CELEBRATION Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 419 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 265-19. Seconded by Ms. Lee Loy. MS. DAVID: Just asking for your support. Mahalo. CHR. CHUNG: Okay. All those in favor, say "aye." Vote on Res. 265-19: The motion to adopt Res. 265-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—7. Noes: None. Absent: Council Members Eoff and Kaneali`i-Kleinfelder—2. Excused: None. CHR. CHUNG: Motion carried. Page 36 Hawaii County Council-21 September 4,2019 Res. 266-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO UHANE POHAKU NA MOKU O HAWAII, INC., FOR ITS 9TH ANNUAL HO`OKUPU HULA NO KA`U CULTURAL FESTIVAL Transfers $1,500 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. 420 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 266-19. Seconded by Ms. Lee Loy. CHR. CHUNG: Ms. David. MS. DAVID: Just asking for your support. Mahalo. CHR. CHUNG: Okay, all those in favor say "aye." Vote on Res. 266-19: The motion to adopt Res. 266-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. CHUNG: Motion carried. Res. 268-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO ASSIST WITH HOSTING CRIMINAL JUSTICE RELATED WORKSHOPS AND TRAININGS Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 422 Intr. by: Ms. Kierkiewicz Page 37 Hawaii County Council-21 September 4,2019 Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 268-19. Seconded by Mr. Richards. CHR. CHUNG: Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I just want to mahalo Lisa Faulkner-Inouye of the Prosecutor's Office for reaching out. The team there does an incredible job of hosting numerous trainings that are geared towards positive youth development and building capacity within our community, whether it's substance abuse prevention or domestic violence prevention. I'm happy to be supporting them as they look to secure venues and feed children who attend these important trainings. And I encourage my colleagues to also support the efforts that they do to reach out into the community to build stronger and safer communities. So, thank you, Chair. I yield. CHR. CHUNG: Okay. All those in favor, say "aye." Vote on Res. 268-19: The motion to adopt Res. 268-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. CHUNG: Motion carried. Res. 269-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KU`IKAHI MEDIATION CENTER FOR VOLUNTEER MEDIATION ADVANCED TRAINING Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 423 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 269-19. Seconded by Ms. David. CHR. CHUNG: Ms. Kierkiewicz. Page 38 Hawaii County Council-21 September 4,2019 MS. KIERKIEWICZ: I think we all know the incredible work that Ku`ikahi Mediation does in our communities. So, I'm very honored to be able to continue to support their efforts. I'm just asking my colleagues for their support. Thank you, I yield. CHR. CHUNG: Okay. We have a motion on the floor. All those in favor, say Ic aye. Vote on Res. 269-19: The motion to adopt Res. 269-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. CHUNG: Motion carried. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): (There were 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 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) First Reading: August 21, 2019 Page 39 Hawaii County Council-21 September 4,2019 Vote on Bill 92: Ms. David moved to pass Bill 92 on second and final (Adopted) reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. CHUNG: Motion carried. 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) First Reading: August 21, 2019 Vote on Bill 93: Ms. David moved to pass Bill 93 on second and final (Adopted) reading. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. CHUNG: Motion carried. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (There were none.) REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: Page 40 Hawai`i County Council-21 September 4,2019 (There were 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.) CHR. CHUNG: Can I have a motion to adjourn? ADJOURN- There being no further business, at 11:17 a.m., Ms. Lee Loy moved to adjourn the MENT: meeting. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Eoff, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung— 8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. CHUNG: Motion carried. Council Approval: OCT 022019 tei. III AliAl. COUNTY CLERK JH/dg Page 41