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HomeMy WebLinkAboutMIN COUNCIL 2019-11-20 2018-2020 Hawaii County Council 261h Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii November 20, 2019 INVOCATION: Pastor Eric Rasmussen of Bible First Mission Church gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:08 a.m., in the Council Chambers, Kailua-Kona, by Ms. Karen Eoff, Acting 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 (came in later) 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 Acting Chair Eoff directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Ms. David led the Council in the Pledge of Allegiance.) PETITIONS, Acting Chair Eoff 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 Acting Chair Eoff 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 Acting Chair Eoff- Hawaii County Council-26 November 20,2019 Misha Kassel: Bill 101, Draft 2 (Comm. 489.338), in support. Joe Kassel: Bill 101, Draft 2 (Comm. 489.338), in support. Cory Harden: Res. 301-19, Draft 2 (Comm. 462.12), in opposition; and Bill 101, Draft 2 (Comm. 489.338), in support. Ken Ogawa: Bill 101, Draft 2 (Comm. 489.338), in opposition. Geoffrey Last: Bill 101, Draft 2 (Comm. 489.338), in support. Jon Olson: Res. 301-19, Draft 2 (Comm. 462.12), comment; and Bill 101, Draft 2 (Comm. 489.338), in support. Koohan Paik-Mander: Res. 301-19, Draft 2 (Comm. 462.12); and Bill 101, Draft 2 (Comm. 489.338), in support. Lucinda Moran: Bill 101, Draft 2 (Comm. 489.338), in support. Maya Parish: Res. 301-19, Draft 2 (Comm. 462.12), in opposition; and Bill 101, Draft 2 (Comm. 489.338), in support. Mark LeRoy: Res. 301-19, Draft 2 (Comm. 462.12), in opposition; Bill 101, Draft 2 (Comm. 489.338), in support; and Bill 108 (Comm. 524), in support. Shannon Rudolph: Bill 101, Draft 2 (Comm. 489.338), in support. Sharon Willeford: Bill 101, Draft 2 (Comm. 489.338), in support. Justin Campbell: Bill 101, Draft 2 (Comm. 489.338), in opposition. Dwight J. Vicente: Res. 301-19, Draft 2 (Comm. 462.12); and Bill 111 (Comm. 545), comment. Rene Siracusa: Res. 393-19 (Comm. 592), in support. (representing Malama `O Puna) Suzi Bond: Res. 398-19 (Comm. 598), in support. (representing Hawaii County Citizens Corps) Page 2 Hawaii County Council-26 November 20,2019 Topher Dean: Res. 301-19, Draft 2 (Comm. 462.12), in opposition; and (representing Bill 101, Draft 2 (Comm. 489.338), in support. Environmental Caucus Democrats) Lisa Andrews: Res. 301-19, Draft 2 (Comm. 462.12), in opposition; and Bill 101, Draft 2 (Comm. 489.338), in support. Keone Mackillop: Res. 301-19, Draft 2 (Comm. 462.12), in opposition; and (representing Maika`i Bill 101, Draft 2 (Comm. 489.338), in support. Kamakani `O Kohala Incorporated) Laryssa Kwoczak: Bill 101, Draft 2 (Comm. 489.338), in support. (representing West Hawaii Bee Association) Autumn Ness: Bill 101, Draft 2 (Comm. 489.338), in support. (representing Beyond Pesticides) Thong Teng Neo: Bill 101, Draft 2 (Comm. 489.338), in opposition. (representing Hawaii Tropical Flower Council) Eric Tanouye: Bill 101, Draft 2 (Comm. 489.338), in opposition. (representing Hawaii Floriculture and Nursery Association, and Greenpoint Nursery) Yvonne Leiser: Res. 301-19, Draft 2 (Comm. 462.12), in opposition; and Bill 101, Draft 2 (Comm. 489.338), in support. Stephen Rodgers: Bill 101, Draft 2 (Comm. 489.338), in support. Gary Hooser: Bill 101, Draft 2 (Comm. 489.338), in support. Jon Tanouye: Bill 101, Draft 2 (Comm. 489.338), in opposition. (representing Orchid Growers of Hawaii) Harry Holm: Bill 101, Draft 2 (Comm. 489.338), in support. (representing Big Island Beekeepers Association) Page 3 Hawaii County Council-26 November 20,2019 Colehour Bondera: Bill 101, Draft 2 (Comm. 489.338), in support. Stephen Tarnas: Bill 101, Draft 2 (Comm. 489.338), in support. Brandon Young: Bill 101, Draft 2 (Comm. 489.338), in support. Janice Ikeda: Res. 396-19 (Comm. 595); and (representing Vibrant Res. 399-19 (Comm. 599), in support. Hawaii) Moriah Smith Kramer: Bill 101, Draft 2 (Comm. 489.338), in support. Kailin Kim: Bill 101, Draft 2 (Comm. 489.338), in support. (representing Ho`61a Honey Bee Relocation) Brent Kanesako: Res. 396-19 (Comm. 595); and (representing Hawaii Res. 399-19 (Comm. 599), in support. Alliance for Community- Based Economic Development) Abolghassem Abraham Bill 106, Draft 2 (Comm. 522.2); Sadegh: Public Safety Committee Report No. 10 (Comm. 548); and Public Safety Committee Report No. 11 (Comm. 549), in support. Christopher Criesser: Bill 101, Draft 2 (Comm. 489.338), in support. Lorie Ferrell: Bill 101, Draft 2 (Comm. 489.338), in opposition. (representing Hawaii Farmers and Ranchers United) Stafford Lombard: Res. 301-19, Draft 2 (Comm. 462.12), in support. Shannon Matson: Bill 101, Draft 2 (Comm. 489.338), in support. Toby S. Hazel: Bill 101, Draft 2 (Comm. 489.338), comment. Kirsten Snook: Res. 393-19 (Comm. 592); (representing Res. 394-19 (Comm. 593); and Dr. Susan Jarvi) Res. 395-19 (Comm. 594), in support. Jennifer Bach: Bill 101, Draft 2 (Comm. 489.338), in support. Page 4 Hawaii County Council-26 November 20,2019 Ernest Sittig: Bill 101, Draft 2 (Comm. 489.338), in support. Recess: At 11:40 a.m., the Acting Chair called for a recess. Reconvene: The meeting reconvened at 11:52 a.m. APPROVAL The Acting Chair directed the Council to proceed to the next order of business, OF MINUTES: Approval of Minutes. (There were none.) Change Order As directed by Acting Chair Eoff and with no objection from the Council of Business: Members, the following item was taken out of order: Bill 101: AMENDS CHAPTER 14, HAWAII COUNTY CODE 1983 (2016 EDITION, AS (Draft 2) AMENDED), BY ADDING A NEW ARTICLE 24, RELATING TO HERBICIDE USE Prohibits the use of certain herbicides on County owned or maintained parks and alongside County roads, bikeways, sidewalks, trails, drainageways, and waterways; and creates a transition committee to research and develop alternative methods of vegetation management. The ban will take effect on January 1, 2024. Reference: Comm. 489.338 Intr. by: Ms. Villegas First Reading: November 6, 2019 Note: The following from Council Member Herbert M. "Tim" Richards, III, dated November 13, 2019, were circulated: Comm. 489.339 transmitting a PowerPoint presentation; Comm. 489.340 transmitting a letter from California Invasive Plant Council to the County of Ventura; Comm. 489.341 transmitting a United States Environmental Protection Agency news press release; and Comm. 489.342 transmitting a document entitled "Herbicide Alternatives Research"; and The following from Council Member Rebecca Villegas were also circulated: Comm. 489.343, dated November 19, 2019, transmitting an article from West Hawaii Today; and Comm. 489.400, dated November 20, 2019, transmitting testimony and an informational packet from Autumn Ness of Beyond Pesticides. Page 5 Hawaii County Council-26 November 20,2019 Motion to Approve: Ms. Villegas moved to pass Bill 101, Draft 2, on second and final reading. Seconded by Ms. David. ACTING CHR. EOFF: Ms. Villegas, I'll give you the floor. MS. VILLEGAS: Aloha and thank you to everyone who showed up today to speak their truth, even for those that spoke in opposition of Bill 101. I respect each and every person's opportunity to decide for themselves what they want to be exposed to, which brings me to the intention of the bill, which is the County taking responsibility and recognizing it as our kuleana to listen to the people of our County and their desires and what they want to be exposed to. The risks outweigh the rewards. We're transitioning to another time. I'm going to try not to get emotional. It's something so much bigger than myself. It's taken so many years of hard work, dedication, and commitment by hundreds if not thousands of people, by companies and nonprofits and governments, municipalities all over the country and the world to start recognizing the paradigm that we've created for ourselves based on profit margins and corporate agendas. Do not behoove the long-term resiliency of humanity, the species that share this planet with us, and the earth itself. We had a very intense presentation yesterday by Dr. Chip Fletcher. We are in a time of a radical need for kuleana, radical need for aloha `Hina, and radical need for kapu aloha in how we work with, amongst, and beside one another on the solutions for the challenges that face us. And I firmly believe that transitioning away from the utilization of spraying herbicides in our County parks and roadways and paths is the pono step in that direction right now. There is fear. There is concern. There is confusion by those that will be called upon to execute and participate with a hands-on, be part of their daily job to transition this. And I thank each and every one of them for their courage. Like Dr. Fletcher said, courage instead of hope. We're taking action, and it is doable. And we're there to support one another. And with that, I would like to come up a couple of different people who have flown in today. And I just have some more specific questions for them because I honor the concerns that have been brought up by constituents and other members of this body regarding cost. And I feel very responsible to the constituents and the taxpayers of this County that we make sure that as we transition, we are managing the resources that we've been entrusted with in the most responsible way and we're not jeopardizing our County's budget by transitioning to this. And I believe that there are a vast number of examples throughout the State and the country and the world for where this has happened and how it can happen here. And with that, I'd love to call Mr. Steve Rodgers up, if you'd come up and join us? Page 6 Hawaii County Council-26 November 20,2019 (Note: At this time, Stephen Rodgers, former Maui District Engineer for the State Highways Division, came forward to address the members of the Council.) MS. VILLEGAS: Aloha, Mr. Rodgers. Thanks for coming in from Maui today. MR. RODGERS: You're welcome. MS. VILLEGAS: All right. So,just a couple of quick questions. Why did you decide to stop using glyphosate-based herbicides on State highways on Maui? MR. RODGERS: Well, I handled the tort claims and formulated the budget amongst other things, and I was receiving a lot of complaints from a lot of citizens when we would do our spraying operations. And I felt that it was only a matter of time before we would be forced to pay a price for that. In addition to that, there were a lot of people that confronted our spray crews very negatively, and I really wanted to be out of that controversy. I felt it was bad for morale and just bad all the way around. In addition to that, it was actually quite an expensive operation. MS. VILLEGAS: Yeah, thank you. So, did you find that you ended up having to spend more or less of your budget on herbicides? How was your budget impacted? MR. RODGERS: Well, due to the fact that it wasn't just a"stop using herbicides," I switched to an organic herbicide called Avenger, which is not perfect but it was the only one I could find at the time. And I think that's changed. We also changed how we did it. We changed the strips, the width—the strips we were mowing to createI got some advice from some biologists to create proper zones for runoff mitigation, which Maui is under NPDS (National Pollutant Discharge System)pressure to do now. We changed what we did so that we MS. VILLEGAS: I'm sorry, can you just tell us what NPDS stands for? MR. RODGERS: I'm sorry. I used an acronym. MS. VILLEGAS: No worries. MR. RODGERS: I violated my own law. Maui is under what's called a small MS4 now, Municipal Separate Storm Sewer System, because the population has risen to the point where all public entities such as counties, states have to account for the runoff from their facilities, which is the roads, parking lots. And when you have runoff, it's deemed an effluent. You have to get a permit, National Pollution DeductionI can't remember what the acronym means. Anyway, I did not want to Page 7 Hawaii County Council-26 November 20,2019 administer that permit because it's very difficult to do. I would need more staff to do that. So, we changed our entire manual—Highways did. And I'm trying to get a copy of it to give to you guys. I don't know how long that will take—which reduced what you need to do. And so, not only did we change what we were using, we reduced our need for it. And I changed some equipment that allowed me to reach over guardrails and do more remote mowing. I could reach 20 feet with this tool I bought. I bought five of them. Those kinds of things helped us just not need to do those kinds of practices anymore. MS. VILLEGAS: Great. So, did your labor cost go up? MR. RODGERS: Well, they couldn't because we were not able to add positions, period. I had to make do with what I had, which I did. MS. VILLEGAS: Great. Did you have any safety issues develop because you weren't spraying on the roadways, as far as like sight distance, etcetera? MR. RODGERS: We had some, and I'm sure some of them are still there, chronically tough areas. They get a lot of rainfall; they're hard to reach. And those areas were problems before I started that change and, to some extent, they remained problems. But did we have any new safety issues? Well, one of the safety issues we didn't have is employee exposure to Roundup and glyphosate triclopyr. So, I guess the answer is, no, we didn't. MS. VILLEGAS: Is there, like, a lesson that you think would be valuable for us as we look at navigating this transition? MR. RODGERS: Yes. And that's, I think, it's a process. I heard today that Roundup and more chemicals are used to control invasive species, which is incorrect. Because when you kill everything, you're just creating bare ground for invasive species to thrive in. And so, any change like this has to be a process. If you're going to remove all the vegetation, find what belongs there, what will thrive there—it may be a native grass—and put it there. You'll have less maintenance to do. So, make a process out of it. MS. VILLEGAS: Thank you so much. MR. RODGERS: You're welcome. MS. VILLEGAS: I really appreciate you being here today. MR. RODGERS: Glad to help. Page 8 Hawaii County Council-26 November 20,2019 MS. VILLEGAS: All right, aloha. Thank you. And I just had a couple of questions for Autumn Ness. Autumn, would you mind joining us? (Note: At this time, Autumn Ness, representing Beyond Pesticides, came forward to address the members of the Council.) MS. VILLEGAS: You presented us with another great bundle of information. I'll take overkill this way instead of herbicides. Information is powerful, educational, and extremely helpful in this capacity. I wanted to ask you a quick question. If you could respond to the concerns about the drastically increased cost related to the implementation of Bill 101? MS. NESS: Sure. I submitted a big packet that probably most of you have. If you don't, please let me know. I won't go over the whole thing,just I'll hit some bullet points. First of all, the cost really to hiring a consultant, if this body decides to hire a separate independent consultant, that is, of course, your choice. I wanted to remind you that I work for an organization that is offering those services. They are consultant services, free of charge. They're not free because they're not high quality. They're free because they're paid for by grants that we help support nationally and on a State level. And I want to be also clear that that training will not be done by me. I am not the expert here. I'm the person that kind of arrange and build those relationships with people that are much more qualified than myself. We'll be coming to do those trainings and continue those relationships. A few of those of the examples are Chip Osborne of Osborne Organics. He is, like, a national expert. He works on major league fields, high-quality turf areas all around the country. A gentleman named Duane Sparkman who is a Maui-based consultant who has brought the west in and a few other properties, you know, four- and five-star resorts to completely herbicide- and pesticide-free properties with no cost. Those kinds of people. And I will bring those experts in as you need them. The expert is not me. The cost, not to you but the value of the initial training alone is $5,000. Again, that will cost you guys nothing. We find the funding for you, but that just lets you know that we are offering these consultant services if you and the departments choose to use them. What else? I will remind you that we have committed to making recommendations that fit within the County's current operating budget. That's really huge. And the way we do thatI included that in this packet—we do a before-training needs assessment, expectation assessment, and budget review with the departments. The appendix of this testimony gives you an example of what pages from the Maui Pacific Report looked like. Page 9 Hawaii County Council-26 November 20,2019 If you look at the appendix, the second pageI apologize; this is a really bad copy—but this questionnaire is things about, you know, what do you use your fields for? What is your budget that you currently are operating under for this site? Those kinds of things. And then when you go beyond that, we talk about cultural practices that can be funded at what the department currently has in its budget. If you look at page 12 of my testimony—it says "page 23"because it's page 23 of the report, but the corner page is 12—it gives you specific calendar months and what the recommended actions are in each calendar month for that specific site. If you turn the page, it does—on the very last page it does cost analyses of each of those products. So, if we're spending, for example, $500 on a nitrogen-based water soluble fertilizer, we will help you find a way that you can get, for example, a comparable amount of compost for that same amount of money. And if it's not available locally, if there's no local compost producer, I will hustle to find you someone that will deliver it to you. So, that's the services that we're offering. As far as other municipalities who have done this, if you go back to the second page of my testimony, I gave you a list. I won't go over all of them. I did bold this one part in the second bullet point because it is incredibly important and I can't stress this enough, it says, "It is important to note that every successful program was not a one-for-one substitute of an organic herbicide for a prohibited herbicide. Any cost analysis calculation that merely substitutes an organic product for a synthetic product or hand weeding for synthetic herbicide application will produce an artificially high cost and will actually be completely ineffective and will probably fail. So, if you're saying that we're going to take the exact amount of Roundup that we buy now and we're going to substitute an organic alternative that's four times the cost, yes, you will get an artificially inflated cost but that's not what we're talking about at all. So,just keep that in mind. I also bolded, for ease of reading, the sections in each of these points that conclude in each of these municipalities that their costs are the same. There's a Harvard study here. They converted, and they say their total operating costs are the same as their conventionally-based programs. On the third page, New York schools, South Miami. Both of their municipally- released report say that their costs are not any higher. South Miami, which is very comparable to our climate, says, "Thus far, this initiative has been a qualified success, allowing the city to cut down on its waste footprint significantly at relatively little expense. Let's see. Irvine City Council. I spoke with the gentleman yesterday, and he has offered his phone number to anybody in the Parks Department that wants to work with them, as well as Public Works. He is just giddy that he gets to share the things Page 10 Hawaii County Council-26 November 20,2019 that he's learned. They have an annual report on their city council website. And he said, "Staff estimates the budget impact for 2018 at approximately 10 percent of the division's $27 million annual allocation. A large part of the impact is from the minimum wage increase in the State from $11 to $15 . . . and the higher cost of organic materials." So, of that 10 percent increase, a large part of it is minimum wage increases. He estimates it at a 5 to 6 percent increase, but they're a new program. So, that's upfront costs. The Maui County Public Works Department, I just spoke to him yesterday. They've not officially gone a hundred percent herbicide free. It's not codified, but they are doing it voluntarily. They're at about 90 percent herbicide free right now. He said his biggest request that he's going to make to the County Council for the next budget cycle is $100,000 for the next fiscal year to purchase and install highway-grade weed mats. They're made from recycled rubber. They're not the weed mats that you use on a farm that disintegrate within a season or two. They have a life expectancy of about 20 years. So, $100,000, he is going to put his crew on installing these weed mats under the guardrails fulltime and then they won't have to go back for, let's say 20 years is a—let's say 10 to be conservative. That's a long time that money is going to last. I think that might be it. MS. VILLEGAS: Okay, I have one quick question. Because something that Parks and Rec. (Recreation) brought up as a potential challenge was how they're going to train their staff while they're still working, and just any potential conflicts for that. But I'm assuming that you, having done this with another municipality or with Maui, that you might have a suggestion or a way that they can still effectively do that. MS. NESS: Well, there is, like, half of a day of classroom time where we go over slides and talk about, really, soil basics. And we do that on Maui. We did that, actually, in every single park districtsouth, north, west, and central. So, we did four half-day trainings and then we do site visits. And the site visits, the guys are actually probably there already. In our case, the guys were there doing their regularly scheduled maintenance. So, we just showed up, and Chip and Jay and a few other people gave them alternatives. And then, these recommendations from the turf report are literally just posted where their other schedule of maintenance would be. And when there's questions, they have my cellphone, they have Chip's cellphone, they have our email addresses—we show up. If they're at Simplot and they don't have the product that they need, we can show up. So, there's that kind of assistance available. MS. VILLEGAS: Fantastic. Reading through one of the testimony that came, there'd been a lot of requests from the invasive species organizations. And we did make an exemption for the cut-stump application for some invasive species, potentially the albizia. Can you tell me really quickly, do you know who funds the Hawaii Invasive Species Council? Page 11 Hawaii County Council-26 November 20,2019 MS. NESS: I don't actually. I'm sorry, no. MS. VILLEGAS: Okay, no worries. Okay, great. I just had a question about that. So, does that mean my time's up or hers? ACTING CHR. EOFF: You can yield and then I can come back to you after we MS. VILLEGAS: Okay, great. So, I'll go ahead and yield now unless there's anything Autumn wanted to share before she MS. NESS: No, that's it for now. MS. VILLEGAS: No? Okay, great. Thank you. ACTING CHR. EOFF: Thank you. Other Council Members that would like to chime in at this point? Mr. Richards. MR. RICHARDS: Thank you, Chair. Where to begin. First of all, I do want to thank everybody for weighing in. It's nice that we actually see people turning out with an opinion and belief coming forth to talk story about where we're headed. I'm going to start with 101in saying what I said the first time when this came up. I completely support the intent, but I do not support the way this bill is written, for a variety of different reasons. We'll go through some of those. In the packets to my colleagues, we have Communication 489.339, which is a PowerPoint presentation presented to Ventura County. They talked about what it's going to raise their cost for disallowing the use of herbicides, and of course, specifically glyphosate. It goes from 800,000 to 10 million. I did speak to them, in fact, this morning, and they are seeking a balance in there, which is what I have been trying to ask for—not a categorical disuse of these herbicides but a balanced use. I think we're all for the same thing. We want reduction in our chemicals coming forward, period. I have other communications in there, Communication 489.340 from the California Invasive Species. They suggested it's a needed tool. There's a Communication 489.341 where it's the EPA (Environmental Protection Agency). They say it's not a public risk. We've heard many testimonies on both sides of the argument, and no one in this room is really qualified to make that determination. I do know from my experience that as a veterinarian, we deal with these concerns all the time. Specifically, I was puzzled. There's medication we use—nitrofurazone— that we are not allowed to use in food animal production anymore because it is a carcinogen, yet we use it readily in human medicine. That's always puzzled me. Communication 489.342 is the University of Massachusetts. They have a report on many options. Ms. Villegas, I'd like to comment concerning the road mats. I think Page 12 Hawaii County Council-26 November 20,2019 that's a really good idea, and that's covered in that document. Because, that's what we need to do. We need a portfolio of what we've got going forward. The biggest concern coming back to Ventura County is that they said there's areas that we're going to have trouble if we don't have something to use. We can talk about, you know, a lot of comments have been made about organic sprays. A misperception is that everything organic is safe because that's simply not true. We can talk about copper sulfate. That's a widely used organic treatment but is very carcinogenic and very toxic. So, I think we need to put that one aside. The whole point is what we're trying to do is reduce the overall use of chemicals coming forward. I'm also deeply concerned about agriculture. As was mentioned by one of our testifiers, alachlor, acetochlor, and metolachlor are all used for crop production, yet they're included in this bill. And if this isn't a bill against agriculture, then why are they in this bill? I pose that question. Again, agriculture is concerned because they're concerned about a stepping stone going forward. I come from agriculture, and we need tools to address things. I can also speak specifically on agriculture, that we don't use a lot of medications because, or excuse me, a lot of chemicals because it's too expensive. We use management tools. But we need those other tools to make things happen. I was also a little bit laughing. This is a little bit off But we're going to be supporting a rat lungworm symposium to investigate the use of chemicals to help treat that, which is paradoxical because some of those chemicals that we are going to be using are quite toxic on humans. But we're going to be using them because we have to—but we're looking for the safer ones. So when it comes down to it, like I said, I support the intent. And the reality is you heard the agriculture testimony—they support the intent. The problem is, is this a stepping stone going forward? We need agriculture, and agriculture is actually in pretty good shape in the State of Hawaii. We are on par with the national average for our GDP (Gross Domestic Product). So, we're making steps in the right direction. The last thing we need to do is put anything in the way of agriculture from getting it to grow forward. And this is where I'm coming from. So, though I do commend you, Rebecca, for putting forth something to help our County to take steps, this is too overarching. It's too far reaching. So, I appreciate that. Thank you. But again, as written, I cannot support. Thank you, Chair. I yield. ACTING CHR. EOFF: Thank you, Mr. Richards. Other Council Members? Ms. Lee Loy. MS. LEE LOY: Thank you. ACTING CHR. EOFF: You've got to nod at me. Page 13 Hawaii County Council-26 November 20,2019 MS. LEE LOY: Yeah, thank you. I'm actually a little disappointed. We had heard a large request, specifically from Parks Department, regarding somehow providing an exception or an exemption for the golf course. And I was really hopeful that that's something that would have come forward, but it didn't. The golf course is in the district that I represent, and a small carve out for that asset would seize probably 60,000 to 70,000 rounds of play; would have been a nice balance while we tackle other parks or other drainageways or other easements that the County owns 124 acres for an asset that provides a lot of recreation. And to possibly lose that, it's hard. It's really hard. And it really isn't about the amount of new employees. My larger concern was, with the hiring of new employees or even if we don't get new employees, it's the labor. The physical labor that goes with that. And so, I did some research on how many workers' comp (compensation) claims were made related to herbicide or pesticide use since 2014. And Hawaii County has not seen one. But in that same time period, we have seen 33 claims filed for injuries related to mower use, weed- eater use, or equipment and grass-cutting use to the tune of$382,000 to this point and which will only grow. So, even if we hit this button right now, we're still going to see that cost grow because of the work comp injuries that go with it. If we put money towards education, use of that equipment, you know, other tools, perhaps we can see that go down. But the way this is structured, it's one way or another and we don't have enough balance. Again, I was just real hopeful that we would have listened harder, specifically to the Parks Department and their concern about the golf courses. And so for those reasons, I cannot support this bill in its current form. I was really hoping for the exception. It's easy. And part of being an author for a bill is addressing your harshest critics and listening. And there was an opportunity to listen to that and provide a carve out. I think that's on the author to do that, to take in that information, but it didn't happen. So, where I'm at, really, is we needed that carve out. That's not here. So, I cannot support Bill 101, Draft 2, in its form. So, thank you, Chair. I yield. ACTING CHR. EOFF: Thank you. Mr. Chung. MR. CHUNG: Thank you. I've been listening intently to all of the testimony over the past three hearings on this matter. And I guess not unlike a lot of highly charged emotional issues, you have truth and, for lack of a better term, hysteria on the part of, well, on both parts, those for and against, in my humble estimation. And it's incumbent upon us to really piece through all of this. And I've tried to look at this with as open a mind as I could and, particularly, with an eye toward supporting it. As I stated earlier during our first go around, I said that this is different from just an overall ban because it only relates to our County operations, which we have a say over all of those things. So, I thought, in that sense, it was palatable to me. Page 14 Hawaii County Council-26 November 20,2019 But I mentioned some of the trouble that I've had with it. Some were addressed. I think it related to use of invasive species, particularly trees. Ms. Villegas included some language which would cover that. But what still has not been covered was an explanation of all of the banned herbicides that are contained in this bill. I really don't know what all of those are. So, now I kind of looked over this pack of materials that was given to me, well, given to all of us by Beyond Pesticides. I just kind of briefly looked over it. And I had also suggested why don't we, instead of putting all of those different chemicals on our bill, which no one here on this panel can really explain in specificity what those things are, I just suggested why don't we just go with banning all herbicides and maybe including, "but not limited to glyphosate-based chemicals." And so, now I'm looking over these materials `cause there's been a lot of references to these types of measures being adopted throughout the United States. Just for example, in Californial'm going to go down the listI looked very briefly but basically Fairfax, San Francisco. They have just a general ban on all herbicides. But everything else relates to glyphosate, glyphosate, Roundup, glyphosate. So, why didn't we just stick to glyphosate? I know what that is, yeah. So, I could reasonably put my stamp of approval on something like that. But right now, I don't know what all these other chemicals are. And I cannot responsibly say, yes, I think we should ban all of these, because it may have unintended consequences. But I overlooked that last time too. But I also suggested, based on what we heard from our Parks and Recreation Department, how about carving out an exemption for the public golf course that we have? From what I see, there's been no attempt to change or address that concern. Because, I know there were some things brought up by our Maui friend here who stated that they've addressed it on Maui. But Maui is different, okay. And I think I stated, and I haven't done any research. I do apologize. But I do know the Maui public golf course—well, I haven't played over there for a long time—but you guys mentioned "seashore paspalum." We don't have that here. It's different. In order for them to maintain the greens, they need the selective poisoning for zoysia, and it's going to be very difficult for them to operate. But I also stated that if we're going to ban those chemicals on our own golf course, providing all of these outs for myself to vote "yes," I went even to the extreme something that goes against all of my principlesI said that if we're going to ban those chemicals on our own golf course, then any golf course that's being subsidized by the County with our County subsidy program should be required to not use those chemicals as well. And Ms. Willeford was here saying that she lives right next to a golf course. I'm assuming it's the Kona Country Club `cause I can't think of any other golf course that's in the area that she mentioned. And I don't know if they're under that subsidy, but if they are, then they'd be prohibited from using these chemicals as Page 15 Hawaii County Council-26 November 20,2019 well. It's a little bit more draconian than I'd like, but fair is fair, ultimately. I listened intently to what Mr. Rodgers had to say. I'm not here to discredit anything you had to say `cause I know you're a well-intentioned gentleman, and it was really instructive as far as I could tell. But another thing that we know here on the Big Island is that the State Department of Transportation has more dollars per mile to maintain their highways than our County does, and it's by a wide margin. So, it's going to create a hardship on our Department of Public Works, but it can be done. I stated the benefits to having a pesticide or herbicide-free program for our parks because it's going to allow us to develop a new form of volunteerism. It would be the rise of the Friends of the Park for all of these different parks, and that would be wonderful in my opinion. We could have these herbicide-free parks throughout the island. and that would be great. But there still would be applications that we could use, whether it be for certain highways, certain areas of parks—maybe not those that are going to be played upon by children. And that would have been my preference, that we carve out exemptions, but I was still willing to go ahead with it. All I asked for was an exemption for the golf course. That hasn't happened. I was willing to overlook my lack of knowledge and everyone else's lack of knowledge on all of those different chemicals. But I just think this is going to be—with all due respect, I think it's a flawed bill. It could be, and it could have been actually something that could have brought the two sides together. Because I will say this, and I stated it the last time, I think the agricultural community that's come out is mistaken. This only relates to County property, but at the same time they think—and not unreasonably so—that this may be the precursor to something else. But if the two sides have come together and talked this thing out, maybe everyone could have moved forward on a very acceptable bill. It's just my personal opinion. So, given that, I'm going to be voting against it. I voted for it at the last two readings, but I'm going to be voting against it today on final reading. Thank you. ACTING CHR. EOFF: Okay. No, I'm sorry, Ms. Willeford. You cannot. No. Could you please—okay, I have to take a recess. We're in recess. Recess: At 12:29 p.m., the Acting Chair called for a recess. Reconvene: The meeting reconvened at 12:30 p.m. ACTING CHR. EOFF: Okay, we're out of recess. Thank you. Mr. Chung, you can continue. Page 16 Hawaii County Council-26 November 20,2019 MR. CHUNG: I'm just going to address that comment raised by Ms. Willeford, saying that people are dropping dead and I'm mistaken or I'm misstating things. I don't know if she heard, but I suggested that to make things fair, we should not allow these chemicals on any of the private courses that are being subsidized by the County with its golf subsidy program. I think she's mistaken in what she heard. Anyway, thank you. ACTING CHR. EOFF: Okay, thank you. Let's move on. Anyone else who hasn't spoken that would like to? Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. We have had a very interesting few days or few weeks of discussion about things like climate change and changes coming to the world. I just want to start with a couple of, kind of, outside facts. So, Sonny Perdue. He's the Secretary of Agriculture. In 2014, Sonny Perdue called "climate change" a running joke among the public. He also received $330,000 from Monsanto. He's our Secretary of Agriculture. We have a lot of wonderful quotes by Sonny Perdue on how amazing glyphosate is and the benefits of it to us, and I find that interesting. Andy Wheeler is our new head of the EPA. As a former coal-industry lobbyist, he actually lobbied the Department of the Interior to open Bears Ears National Monument for uranium mining. He shares the belief that climate change is a joke. And Republican Senator Collins said that policies he has supported Andy Wheeler—as Acting Administrator are not in the best interest of our environment or health. So, I have a problem when the Secretary of Agriculture and the head of our EPA are large-industry lobbyists or are receiving grants and funds from large industry. And yet we take their word for what is healthy and safe for us and our kids and our environment. I am concerned with the care of our environment. I am concerned for our kids' future. I am concerned for our County workers, for their health, and for the health of our County. I am concerned about the cost as well. What I have found, being a businessman and being an electrician in the field, I don't always have what I need to do the job. More than once, I have been caught without the right connector or coupling or fitting to get the job done, but I have managed to find, in the three or four different work trucks and vans we had, a way of getting the job done without driving back to Hilo to get a part from Puna. So, in that sense, I believe necessity is always the mother of invention. I believe that by passing this bill, we as the County will make needed changes. And via the Page 17 Hawaii County Council-26 November 20,2019 different agencies involved and the team that's come together to help us get this far and implement these changes, we will then find safer, smart, and cost-effective means to control weeds in the County. If I was going to speak to cost, in this bill it very clearly states that during the transition period, if the departments of Environmental Management, Parks and Rec. or Public Works intend to apply a substance listed on the prohibited herbicide schedule on a County-owned or maintained public park or along a County-owned or maintained road, bikeway, sidewalk, trail, drainageway, or waterway, that they can. The transition period is three years—four years, sorry well, January 1st, 2020, till December 31st, 2023—three years, four years. So, in the next four years, what I'm understanding this to mean—four years, three years, whatever it may be—is that they can use it. But the point of this is that we start to make the transition to. If we don't start a period of transition, if we don't say, "Yes, let's work towards it,"then we never will. We can go back and forth on whether Sonny Perdue is paid by the Monsanto industry. We can go back and forth on whether the head of the EPA is saying this is safe or not and that scientists have found it safe or not. Cigarettes used to be safe. Climate change used to be fake. And there's a lot of things in the world that used to be just fine, but now we stopped using them. We don't use them anymore because they were found to kill us. I don't know if Roundup is safe or not because I really don't trust anything's that come before me from either side. In my head, if I spray a chemical on my body, it's probably not too good for me versus something that's natural. That's just common sense. So, to attack this at a common-sense level, I believe that we should step away from it. Again, County workers spraying it with or without a mask on, I'm worried about their safety and their health because we are responsible for that. ACTING CHR. EOFF: Thank you. I'll come back to you if you MR. KANEALI`I-KLEINFELDER: Thank you, yeah. ACTING CHR. EOFF: Ms. David. MS. DAVID: Thank you, Chair. And I want to thank everyone that came today, pro and con, on this issue. One thing that really stood out to me is thatI'm not a scientist; I don't understand these chemicals—but the thing that stood out was, No. 1, Mr. Rodgers did this on his own already without an ordinance or a bill to make him do it. He tried it, and as far as I'm concerned, he was successful and I think he'll be a great asset to this group that will come together to find out how we move forward. Page 18 Hawaii County Council-26 November 20,2019 Number two is that the testifier that told us that in all these studies, children and pregnant women were not included. And yesterday, as we discussed climate change and the fear of what is happening because of our behavior as humans, the No. 1 thing that got everyone's attention was they recognized the danger and the importance that we pay attention to climate change not for us; we're not going to be here too much longerI speak for myself—but our kids and their kids. And that was paramount in yesterday's discussion. So today, that is one big thing that caught my attention, is because we as government need to protect the kids. And this bill addresses only County parks, and mind you, not all County parks and facilities have grass that needs to be sprayed. Some of our parks are just sand and beaches. So, in that tally of the number of County facilities we have, I think still needs to be broken down because we don't spray at every facility. I don't think we spray at Yano Hall either. It's just concrete and hot tar parking lots. So, that is such a huge impact as far as information—wow. And we're going to need so many different—we're going to need money to implement this. But as a farmer, I appreciate the fact that it's not disallowing farmers to use it because I would be one of them that would be affected by this. I don't use Roundup anymore. And as far as the cost, Avenger, which is, I guess, what is that, the organic version of weed control, it might not be the perfect thing, but a gallon of Roundup costs $109 and a gallon of Avenger costs $87. So, to me, I would use Avenger. Maybe I have to use it twice as much. But the point is everybody's feelings on why we should and shouldn't do this are valid, but I think we have to make our decision coming from a county's perspective. I appreciate Mr. Chung's reference to exempting the golf course. I don't think that's something we can't revisit during this process because it's a valid point that the golf course in Hilo, basically, is a community benefit, which I don't believe they have that many beaches and stuff that people can go to. So, the golf course is very important to them. But for me, I stand that our job here, at least my job, I feel, is to protect the citizens and the kids that use our parks and facilities. The other stuff, I think we can work it out as people and as legislators. If the need arises that we have to change it, amend it, to adjust to what the real facts are as we move forward, then I'm really supportive of that also. So, for me, I will stand with my same position and will support this effort because I think we have to do something. Thank you, I yield. ACTING CHR. EOFF: Okay, thank you, Ms. David. Anybody else on the first round? Ms. Poindexter. MS. POINDEXTER: I just want to say that I am still supporting this bill, definitely. And as far as our workers using pesticides and spraying, yes, of course you're not going to have any health conditions at the very moment. But as we've Page 19 Hawaii County Council-26 November 20,2019 seen in the past in a lot of different lawsuits that have come forward in different arenas from different effects of different products, that it doesn't happen right away. It'll happen later in life. Somebody may get cancer or whatever. So, I don't expect to see those kinds of numbers being offered to what we find at the County; and the County workers, what they have filed thus far. So, if we continue the use, I would say definitely we still may have some in the future, and that may cost us. And as far as what Toby Hazel said about destroying groundcover, I know that had happened too, and in my district too. There were some constituents that complained about them coming and destroying some groundcover that started erosion. So, the misuse of this product has come to this point of where we have to put our foot down and say, "No more." Cause, normally, laws are developed because somebody doesn't do something right or something gets out of hand, and you need to restrict things more. And I think this is the time that we need to start, especially with the presentation yesterday, and about the farmers because my district is a lot of farming and a lot of small farming. When we talk about the last time, we had a presentation on the TCOM (Thermal Conversion of Organic Material) system with organic material. And they talked about the carbon that they would get from that and put it back into the ground; how the farmers, you know, eventually no need for the use of herbicides and pesticides. And the amount of growth and healthy things coming from that soil is incredible. So, there's a lot of opportunity out there for our farmers. I think this forces us in the right direction to start looking at how we can live and build healthier and safer communities. So, thank you, Council Member Villegas, for putting this together and putting it forward, and oftentimes taking all of that harsh criticism. It is true leadership. Thank you. ACTING CHR. EOFF: Okay, thank you, Ms. Poindexter. Anybody else who would like to speak on—well, we can go to a second round. You're anxious to speak MR. CHUNG: Oh, no. ACTING CHR. EOFF: But I think I want to give Rebecca a chance to answer some questions that were raised. MS. VILLEGAS: I just want to humbly state that I ran for office not to be a politician but to be a public servant. Some of the things that have happened in relation to this bill feels a lot like politics to me. I also am very grateful for you having pointed out the golf course. And while it's a disappointment to you that I didn't offer up that as a caveat for your support of the bill, I'm happy to say that I've done quite a bit of research. And the Audubon Society is a resource to tap into for guidance on how we can transition our golf course into an herbicide-free facility. Page 20 Hawaii County Council-26 November 20,2019 I did some research on the internet, and the Audubon Cooperative Sanctuary Program for Golf is an award-winning education and certification program. They will provide—getting involved is easy. Membership is open to golf courses in the United States and internationally, including private clubs, public and municipal courses. After joining the program, your next step is to take stock of the environmental resources, potential liabilities, and then develop an environmental plan that fits your unique goals, setting, staff, budget, and time. The Audubon International provides a site assessment and environmental planning form to provide guidance, as well as educational information to help you in this process. I think that's really exciting. And also in my research,just a quick search and an insurance company popped up saying, "golf course, herbicide, pesticide, pollution liability." And it listed a number of reasons why golf courses should have a fat insurance policy to cover their liability in usage of herbicide. I also found a bunch of other information talking about not only are they now linking health issues that golf course maintenance workers are being inflicted with, but also golfers themselves. So, a lot of that science is being studied now, as they're being exposed. One of the statements here says that, I'm going to forget the number of times, but it's at least five times the amount of herbicides that are being used on golf courses are being used in the agricultural industry. And people are walking, touching, playing. And then, I just did a little bit of research about our Hilo Municipal Golf Course and where it's located, and it's actually located in a residential area. And when I counted the TMK(Tax Map Key) sites surrounding the golf course, I counted approximately 120. And they may not all have homes on them, but in looking at Google Maps, there were homes on at least 98 percent of them. And I can't help but be concerned for the people that live in those homes because the science and technology and the tracking is there to show that people that live within the vicinities of the golf courses are being exposed, not necessarily to their knowledge, and some people don't know to put together that they've been nauseous or they have headaches or different things that are happening to them or their family might be linked to chemical exposure. So, I would highly encourage and would hope that Council Member Lee Loy would take a look at that in the interest of the people in her district because they are potentially being exposed to these chemicals. I also want to point out, in closing, the evidence of Monsanto. The Monsanto papers are available now. You can look them up online. Everything that's been hidden all over their claims and the things that they've been saying are being exposed. Some of those being—the Monsanto papers show that they purposefully ghost wrote articles that regulators have been relying on for years. They orchestrated attacks against an international agency for research on cancer and its members for concluding glyphosate is a probable human carcinogen. Monsanto hid Page 21 Hawaii County Council-26 November 20,2019 its own consultant's conclusion that Roundup causes DNA (Deoxyribonucleic Acid) damage. They hid data showing Roundup penetrates skin at greater rates than reported to regulators. And Monsanto influenced EPA officials to arrive at pro-Roundup conclusions. You can look up the documentation. The notes are available. In my mind, that precludes the claims coming directly from the companies and organizations that have been funded by this corporation. So, thanks for your time. ACTING CHR. EOFF: Thank you. Mr. Chung. MR. CHUNG: Thank you. I think I have to take exception to the comment that there's politics going on afoot here. I mean, I can only speak for myself And during the course of my earlier talk, I actually criticized both sides of the equation. That doesn't get anybody votes, I think, right? And it's just a matter of kind of wading through all of the information, trying to come up with as good a decision as you can. And we actually come from, you know, all the people sitting on this panel come from different backgrounds. And I stated in a different context that I come from the background of a lawyer, so I look at things in a legal sense. Just the other day, Matt and I were kind of going over two statutes, and I went away from that discussion saying, "Hey, Matt, I don't really know what those things say. It's really open to interpretation." And that was my honest opinion. I couldn't give him a specific answer on that, and he had sought my advice. I said, "Hey, Matt, I cannot. I don't know what they mean by that." And so now, as it relates to this, I'm not trying to play politics. I just said early on from the very beginning that I wanted to know more about what we're prohibiting. And I even gave the opening to say that I have no problem with banning Monsanto products or glyphosate products as has many other jurisdictions in the nation. But with regard to the golf course, I'm not suggesting that the County go and spray the perimeters near the residents. What they need the herbicides for are on the greens. Yeah. They need to spray the greens `cause it's selective poisoning. And those are, you know, they're not glyphosate-based products. I don't know what they are, really. But that's what they need it for, to maintain the greens. Val made a good point. A lot of times, it's about the misuse of a product which causes us or forces us to do things like this. And I have to admit, based on what I've heard, there's some kind of horror stories of how our County employees have not been properly adhering to the instructions. And so, it might be mismanagement. It might not be. I don't know. But certainly, we should have looked closely into that, and we'll have three years to do that. But there's one more thing, and I'm not trying to persuade anybody here. I think we know how the vote is going to go, and Page 22 Hawaii County Council-26 November 20,2019 I'm not trying to change anyone's mind. I just want to explain my position, and it really is not politics. You can believe what you want. But I'm just trying to make a good decision based on the information that I have. But it has to do with the bees. I wanted to address the bees. You guys don't know here. I've said it but you guys really don't know,but my wife knows. I have this almost unusually profound love for bees, and it'sI can't describe it any other way. Only because I'm voting against this bill doesn't mean I'm voting against bees. We had the long discussion yesterday. It was a presentation by a person that I considered to be the pre-eminent authority in the State of Hawaii on climate change—Chip Fletcher. He talked about the impact that climate change is having on insects worldwide, and then the decrease in populations. And it's just a function of climate change. I certainly understand. I would really be grief stricken if I came to my hive, and I saw thousands of bees just lying dead. I mean, that would have an impact on me, I know. But I don't know how carving out an exemption for the golf course would really have that kind of deleterious effect on our bee populations. I have no problem with banning glyphosate. I have no problem with any Monsanto-based products, but I think this is just going too far. And I just am not comfortable with the list that's been provided in the bill. I just don't know what they are, that's all. I hope everyone can respect my opinion. Thank you. ACTING CHR. EOFF: Okay, thank you. Anybody else? Mr. Richards. MR. RICHARDS: Thank you, Chair. This is actually a really good conversation. I'm kind of enjoying it. Some of the comments have been madeI don't agree with everybody's statements, but I do enjoy the conversation. Some things have been pointed out. Friends of the Park. That's actually a very good project going forward, as long as the Friends of the Parks groups continue to function. I've had complaints in my district about spraying while kids are playing and it caused a big hakaka. As it turns out, they were spraying saltwater. So, that shouldn't be an issue. And I think that some of these things are not being accurately portrayed because I think actually we have done a lot of good things coming forward. I, too, love bees, Chair Chung. And Kailin knows that. I've worked with her. I'm deeply concerned about bees going forward, and this Council knows that. This goes back a long time before this bill ever came up. We have to identify what's going on with that. And I understand the concern, and we have to identify what that concern actually is, or the problematic thing. Everything we're doing sitting up here on the Council is about the next generation. And we talked about that yesterday during Committee. We grew up in a time I'm Page 23 Hawaii County Council-26 November 20,2019 looking at Val. I'm looking at Maile, Aaron. The rest of you guys are a little bit young—when we used a lot harsher things in this County and this State and this country. But we learned. We don't use DDT (Dichloro-Diphenyl-Trichloroethane) anymore. It was used at one time, but we don't have malaria. And so, it's the plus or minus. It's not lost on me at all. From Ms. Ness concerning the "no increase in the budget," I'm going to hold you to that, and I'm sure you'll write us a check if we do see a rise in our budget. I don't see a nod of affirmative on that. My position doesn't change. This is about agriculture. We talked about wanting to be food self-reliant but then we don't do things coming forward. This country, this State, and this County makes being in agriculture very difficult. We don't produce near enough food in this State, but we can and we're on the right trajectory. And so, anything that impacts agriculture, I'm going to speak for because, without a doubt, that's the direction we want to go and we need to go and we actually can go there. But we need the tools. And that's why, for a categorical statement, I cannot support. So, although I appreciate the conversation, and I will continue working with my farmers and ranchers as we seek solutions, a categorical denial of some of the tools that we need, I can't support at this time. Thank you, Chair, I yield. ACTING CHR. EOFF: Thank you. One more time, Ms. Lee Loy. MS. LEE LOY: Thank you. I'm going to take exception to the suggestion by Ms. Villegas about the golf course and her internet search. And as Chair Chung mentioned, this is an asset in the district, yes, surrounded by residents. But the application of this is about the greens. And again, a small carve out would have easily addressed that. I think what's more alarming is the inaccurate assertions that somehow we're out of touch. And I walls back to our budget when Ms. Villegas carved out $250,000 in a subsidy to the Kona Golf Course. And we're not playing politics, we're just having a very robust discussion about the hard decision we have to make. And so, I'm right back to this bill did not address what was just like the Big Island Invasive Species suggestions—is a suggestion from our Administration about how we handle the golf course. And I'll be more than happy to walls around in the neighboring community of the golf course, but I would also suggest maybe Ms. Villegas reach out to the groundskeepers of the golf course to better understand what they do at that golf course and the challenges that they have. Like Mr. Richards, I'm looking forward to subsidies or opportunities, public-private partnerships to help with these assets, which is why I sponsored the parks bill, where we could get sponsorship to help care for our parks. That was a tool that I mentioned during Committee. So, we do have tools in our toolbelt. Page 24 Hawaii County Council-26 November 20,2019 It's rather unfortunate that these inaccurate assertions are being tossed about without real merit about what it takes to manage that golf course, 124 acres, and we're talking about the greens on that. So, I think we've addressed everything we've needed to address. I really was hoping for that carve out. I'm still concerned. And Ms. Poindexter is correct; we won't see possible impacts to a worker's comp claim till later, but we're experiencing them right now with injuries related to the use of various equipment that will become a larger part of our park's crew as we move this forward. So again, I will not be supporting this bill. I think there's opportunities. It's unfortunate that we're at the 1 Ph hour and some of those listening sessions during this process, that more value wasn't based in what our Parks Department was seeing. So, Chair, with that, I yield. ACTING CHR. EOFF: Okay, thank you. Mr. Chung, one more time. MR. CHUNG: Very briefly. ACTING CHR. EOFF: I didn't have a chance either. MR. CHUNG: I know. I'm sorry. Yeah, I wanted to make one more comment about two things that are causing me consternation here. And they actually could have worked out because if we had just stuck with glyphosate, I know what that is. Okay? And it wouldn't be unlike what 95 percent of the other jurisdictions have done. If we had just stuck with glyphosate, then we wouldn't have to carve out an exemption for the golf courses because they're not going to be spraying Roundup on the greens. They just need the selective poisoning on the greens. So then, we wouldn't need that, and it would have just eliminated my concern about that. I just wanted to say that. And one more thing, too, `cause I don't think the golf course really needs that much Roundup, if at all. Because, they mow the grass and the only areas that I think they would need it would be around the ditches and around the perimeters. But then, they can implement a program of using, maybe, Avenger or something like that. That's no problem. It's really on the greens. Thank you. ACTING CHR. EOFF: Okay, Ms. Villegas. MS. VILLEGAS: Sure. And thanks for pointing that out, Chair Chung. I just want to humbly point out that you were emailed a very lengthy list, which gives in great detail explanations of each of the chemicals and herbicides listed in the legislation. So beyond this, I mean, I guess I'm not sure what else you would have wanted. This was emailed to everyone prior to our last Council meeting, and it was given to Page 25 Hawaii County Council-26 November 20,2019 us in person during our last Council meeting. And I'm happy to share my copy with you if that would help you to get a better understanding of what some of these other herbicides are and why they were included. I would like to call Autumn up and just ask her a quick question on that. And I want to also point out, before Autumn comes up here, that this categorical ban, there are allowances for exemptions in here based on certain circumstances. Not only is this, like, a working group and a progress for four years as we transition, but there's allowance in here for exemptions. One of the members of my team, her husband works on a golf course, and they spray Roundup on the golf course. And in some of my reading, something that they're tracking—and maybe you could speak to this—is that the more they spray, the more resistance the weeds have and then they spray more and then we end up in these circumstances where Autumn shared with us before where we're negatively impacting the health of our soils, which then require more spray and more fertilizers. And the trends right now, it seems engulfing, is transitioning to organic golf courses, especially `cause most of them are near waterways and so there's Federal implications of runoff How they also spray—most of the homes are right next to the grass areas. And so, they are spraying closer to homes. But with that, I just want to ask Autumn if you can give us a quick update on the nature of the list again. I'm sure you've gone through it before, but if you could do that for me again, that would be great. (Note: At this time, Autumn Ness, representing Beyond Pesticides, came forward to address the members of the Council.) MS. NESS: Sure. I actually forgot to bring my copy of the list. So, I'll tell you how we can MS. VILLEGAS: Here you go, right here. MS. NESS: Okay. This list was compiled in two ways. I first did a lot of research and looked at what the 30 most popular lawn and landscape herbicides are, and those are on the list. And then, we looked at the USDA (United States Department of Agriculture) recently published a lengthy report on pesticides and herbicides in all manner of usage, including agriculture and landscapes. And I took their top 30 products, which are, like, the top sale products by far. Like the difference between the top 30 and then the 31"product is huge. So, I put those 30 cross-referenced, and some of them were the same and some of them were different. So, I made sure, out of those two, that all of the products were on here, listed by common name. And some of themI'm glad I got the opportunity to address this, yes—are currently registered for use on crops. Page 26 Hawaii County Council-26 November 20,2019 But I know how the industry works, intimately, and I know that when a municipality or a class of agriculture bans one certain chemical, they go and have other chemicals reclassified for those other uses. So, knowing full well how much work went into this bill and if the County banned the current herbicides that are in use by the Parks Department only right now, next year other chemicals will probably be asked to be re-registered for use on County parks so that those companies can continue to sell their products. So, to kind of get rid of the risk of us having to go through this all over again for a new list, for new chemicals that have been re-registered so that the County can continue using these herbicides, I just put them all on the list. So, I hope that kind of gets rid of the fear that we're coming for the farmers `cause that's not at all the intent. MS. VILLEGAS: Thank you, Autumn. I appreciate that. Just in closing, I also want to acknowledge the beekeepers and thank you so much for coming out today, the head of the Big Island Beekeepers Association and the number of different private businesses that work in the bee industry and the honey industry. And the fact that we are eating glyphosate in our honey is concerning. I've also read that glyphosate is in our Cheerios and all different food products. I guess I would hope that the members of this body who were so adamant about providing funding to protect our native bees and to support the work of our native beekeepers might just consider the irony of then now when the beekeepers come and ask for your help and the protection of their bees that you would even consider voting against that. And with that, I yield. ACTING CHR. EOFF: Okay, thank you. And I know we can go on and on. Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I just have one more thing to say. So again, what's in front of us is a ban by the County of Hawaii only—not every farmer in the State,just the County—to ban within County use. That's very important because that's all we're talking about. We're not talking about far-reaching bans in to the future in 30 years or what could be, what may be, what maybe won't be, but what's right in front of us, okay. I was asked, and I came down to this, by the proponents, I'm sorry, the opponents of this bill, is that we take a hard look at the cost. And after reading this bill, what I liked is that there's a committee that is supposed to monitor progress. They're supposed to come back and report to the Council. These are built into this bill. In addition, different departments are supposed to have their people as part of this committee. They don't get to vote, but they're part of the committee, which means they have input. Everyone is included in this list of who should be on this committee. And what's very important about this committee is it gives us a chance Page 27 Hawaii County Council-26 November 20,2019 to see what's going on, what progresses were made, what the costs are. We're here to talk about costs. We talk about cost all the time. That is our job in some ways. In many ways, that's our job. So, if we have a chance to look at the cost, then we are in charge of the cost. If it's running away from us, we can put a stop to it. If something doesn't make sense, we have the chance to say no. It's built into this bill. There is a four-year transition period, again, while we start to make these changes. It does not mean, tomorrow, we ban Roundup from the County of Hawaii and we deal with the cost from there out. It's saying, in four years, we're going to transition to "no more." So, we're not here to discuss whether this is going to affect farmers who work at a private level outside of the County. If you want to have that discussion, then that discussion would take place at a different place at a different time. Today, we're voting on whether to ban it at a County level. Speaking to the golf course. We're talking about the golf course. Herbicides can be used in the meantime until this goes into effect December 31st, 2023. There are some specific ways that it should be applied and what should be done when it's applied, but it can be done. So, the matter at hand: County ban of Roundup and associated chemicals, herbicides—not pesticides. Cost. We will be watching. I will be watching `cause I'm very concerned about cost. We spent close to $5 million on Mauna Kea with no agreement. So, we're talking about—you know what? Our cost here, too, we don't have any set cost by any department. Nothing has been brought forward to say, "You will spend this much more." That's part of this transition, is figuring out how much it will cost. So, until I see something that is absolutely detrimental to the taxpayers of this County, I can't say no to this bill because it could be a problem. I will be watching, but it's not here. The idea that 400 people need to be hired to cut grass on the island seems a bit excessive to me. And as I said before, necessity is the mother of invention. I think, being human beings, we will be creative and find interesting ways to battle our problems, like Maui has done, like Kauai is about to do. We're smart people. We have departments full of smart people. We pay people to do their jobs and be smart. We are paid to make smart decisions. And in this case, we're talking about the health of our County, of our kids, and of our future. So, we should make a very good decision here today on what is the best future-minded plan for the County. Even if it did cost a little bit more, if it's still in the better judgment of this Council that this is a good way forward, then that's what we should be doing. So, I wanted to remind everyone that we're voting on the matter at hand. Talking points should be on the matter at hand. And with that, I yield. Page 28 Hawaii County Council-26 November 20,2019 ACTING CHR. EOFF: Okay, thank you. I think we're winding down. Mr. Chung had another MR. CHUNG: I know this is my fourth time. Thank you very much, Madam Chair. ACTING CHR. EOFF: You're welcome. Don't forget. MR. CHUNG: I mean, but, a question was directed toward me, so I've got to address it. Then, my question would be to the author, which one of these active ingredients can be used on the greens? Actually, it might allay my concerns, right? If none of these are used on the greens, then perhaps my concerns are misdirected. So, which one of these active ingredients are the ones that you can or cannot use on greens? MS. VILLEGAS: (Inaudible.) MR. CHUNG: Well, obviously, glyphosate you're not going to use on greens, right? So, which one is, like, for selective poisoning? MS. VILLEGAS: You could also use it on greens because glyphosate kills weeds. MR. CHUNG: No, you're going to kill the whole green. You cannot use glyphosate on the green. It's going to wipe out the green. So, when I said "selective poisoning," this is something you can spray over the green and it's going to kill certain weeds. So, which ones? MS. VILLEGAS: (Inaudible.) MR. CHUNG: No, you MS. VILLEGAS: No, Mr. Chung, I don't feel that that's a fair question. MR. CHUNG: Well, you directed it at me. MS. VILLEGAS: No, I gave you a list. MR. CHUNG: Well, I guess ACTING CHR. EOFF: Excuse me, Ms. Villegas, you need to have your mic on, and I need to recognize the speaker. I think Mr. Chung isI think he's asking if all of those named ingredients are not to be used, what ones can be used on the greens? Is that what you're asking? Page 29 Hawaii County Council-26 November 20,2019 MR. CHUNG: Right, `cause all I was concerned about was the greens. And so, in response to my spiel, you told me that you had provided an explanation for all of these active ingredients. So, I just want to know, `cause I'm trying to find a way out, which one is the ones that are used on the greens? ACTING CHR. EOFF: Currently? I'm sorry. MR. CHUNG: Yeah. MS. VILLEGAS: Currently used on the greens? MR. CHUNG: Right. MS. VILLEGAS: I don't have that list for you, what is currently used on the greens. MR. CHUNG: Okay, thank you. ACTING CHR. EOFF: Okay, thank you. Mr. Richards. MR. RICHARDS: Thank you. Forgive me, but it's agriculture. And, Rebecca, I would agree with your comments concerning agricultural practices if this was 40 years ago, but agriculture has substantially evolved. So, let's get together and talk story `cause I don't think your understanding where agriculture has gone to. Agriculture is quite environmentally friendly with a lot of things—not everything. I'm not going to say categorically that everything's fixed. But relative to 30 years ago, even 20 years ago, even 10 years ago, evolution has been in a very positive direction. And so, I wasn't going to say anything, but since it concerned agriculture, you know me. I can't keep my mouth shut when we talk about land and animals. So, the point is, we've evolved substantially. We, as a society, have evolved substantially in how we manage our lands. And the environmentally sensitive things that we do today are very important. So, I don't want to leave the public with the perception that agriculture is not a good thing because we need it. It's not a very big portion of our GDP, but we are doing a lot of it very right. And one of the tools is some of these chemicals. So with that, thank you, I yield. ACTING CHR. EOFF: Okay, thank you. I guess I have a chance to chime in if everyone's done. Okay. I just wanted to remind all of us that this does only affect County facilities, and those are County parks, park facilities, roadways, trails. So, I hope that—for now anyways. But I hope the County can be a lead by example. So, I firmly believe that where there's a will, there's a way. And I don't think we're going to let the golf course go down the tubes. I mean, there will be a way to manicure it. There's other golf courses that have succeed. Page 30 Hawaii County Council-26 November 20,2019 I don't know exactly what, I can't remember, but when the SMA (Special Management Area)permit was finally granted for Kohanaiki, one of the deals was that they do not use pesticides or fertilizers that are harmful to the reef. And they've managed to maintain it without glyphosate products. I don't know what they are allowed to use. But there's transitions and then there's steps along the way till we get to where we want to be. But I think that this County should lead by example at this point. Like Mr. Richards said, he doesn't mind and he supports the direction that's going in. So, I'm saying let's just go there. Let's start in that direction. During the next few years, if there's insurmountable problems, I'm sure they can be dealt with, but I don't really believe there's anything insurmountable. At this point, we should take this step forward. So, I'll be supporting Bill 101. I don't want to cut off anymore statements or comments, but I think we're probably ready to vote. We haven't heard from Ms. Kierkiewicz, though. You'd like to say something? MS. KIERKIEWICZ: A short comment, Chair, if I may. ACTING CHR. EOFF: Sure. MS. KIERKIEWICZ: Thank you. I think everybody—like everyone here, we want to do what's within our capacity to protect our children, our community, our environment. I also want to protect my children and my community with good laws. And I don't want our community to be inadvertently impacted by imprecise or not really well-thought-out laws because we're seeing that play out in a number of arenas. But I'm going to go out on a limb here, and I'm going to support this measure because I fully believe in the intent and where this is going. But I do have reservations. And we're all adults here, so it's okay to share them because I think it's a part of good discussion and responsible decision making. In an effort to build consensus—because I've seen a number of bills come before this body where if there are concerns by colleagues, we do our best to address themI was hoping that these concerns would be resolved. But it's okay. I was also hoping that concerns from the departments would also be addressed. I know that we have consultants that aren't from here saying there isn't going to be an increase in the need for more resources or more staff or more equipment. I've looked at various counties across the nation that have implemented similar bans, and it's really a mixed bag, right? Some places, you don't need more resources. Other places, you do. And that's okay. Let's just be upfront about it so that we can really get to work and successfully implement something. For the record, I'm going to believe what my Director of Parks and Rec. tells me. If she tells me that we need 400 more folks, then, hey, at least we know and we can budget appropriately, right? I mean, I went on ride-alongs with the Parks and Rec. Page 31 Hawaii County Council-26 November 20,2019 guys, and I had to see for myself the work that they had to do deal with every single day. It's a lot of work. It's a lot of backbreaking work, and I'm extremely grateful and very grateful to them. So, this isn't criticism. It's just being real about where we are, and this comes from a place of just wanting to be a responsible policy maker because that's our principal charge, right? To develop good policy and also to provide fiscal oversight. I operate in the zone of reality. I think it's going to be a heavy lift, but it's not going to get in the way of me supporting this bill. So, congrats (congratulations), Rebecca. I look forward to hopefully more than just annual reports from the committee. Clearly, there are a lot of issues that we need to sort through, so maybe even quarterly updates so that we can be prepared to make adjustments in our budget and kind of figure out if there are other amendments that need to be made to the bill. So, thank you. I yield. ACTING CHR. EOFF: Thank you, Ms. Kierkiewicz. Okay, then, I think we are ready to take a vote. Mr. Clerk, I think a roll call vote at this point. Vote on Bill 101: The motion to pass Bill 101, Draft 2, on second and final Draft 2 reading was carried by the following roll call vote: (Adopted) Ayes: Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz, Poindexter, Villegas, and Acting Chair Eoff—6. Noes: Council Members Chung, Lee Loy, and Richards —3. Absent: None. Excused: None. (Note: Ms. Kierkiewicz voted "kanalua" then "aye.") ACTING CHR. EOFF: Bill 101 is approved at second and final reading, and I think we'd better take a lunch break. We're in recess. Recess: At 1:25 p.m., the Acting Chair called for a recess. Reconvene: The meeting reconvened at 2 p.m. ACTING CHR. EOFF: I'd like to call this meeting out of recess, and we will start with Communication 312.5. Page 32 Hawaii County Council-26 November 20,2019 Return to Order The Acting Chair directed the Council to return to the order of business. of Business: COMMUNI- Acting Chair Eoff directed the Council to proceed to the next order of business, CATIONS: Communications. Comm. 312.5: REPORT OF ATTENDANCE AT TROPIC-FOCUSED WORKSHOPS BY COUNCIL MEMBERS KANEALII-KLEINFELDER AND LEE LOY ON OCTOBER 28, 2019, AND COUNCIL MEMBERS DAVID, EOFF, AND LEE LOY ON OCTOBER 29, 2019, PURSUANT TO HAWAII REVISED STATUTES SECTION 92-2.5(e) From Council Member Susan L. K. Lee Loy, dated October 30, 2019. Motion to Close Ms. Lee Loy moved to close file on Comm. 312.5. File: Seconded by Mr. Richards. ACTING CHR. EOFF: Any discussion? MS. LEE LOY: None. This is part of our protocols. ACTING CHR. EOFF: Right. Okay, thank you. All in favor, say "aye." Vote on Comm. 312.5: The motion to close file on Comm. 312.5 was carried by Filed the following voice vote: Ayes: Council Members David, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—6. Noes: None. Absent: Council Members Chung, Kaneali`i-Kleinfelder, and Poindexter—3. Excused: None. MR. HENRICKS: The communication is filed. Do you want to go to "Reports," Madam Chair? ACTING CHR. EOFF: Yes, can we go to Report MR. HENRICKS: We'll skip to the back and go through our confirmations of board members. Change Order As directed by Acting Chair Eoff and with no objection from the Council of Business: Members, the following items were taken out of order: Page 33 Hawaii County Council-26 November 20,2019 FC-77 NOMINATION OF JUSTIN BRADFORD LEE TO THE PUBLIC ACCESS, (Comm. 547): OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION Requires Council Confirmation by: December 1, 2019 (Section 13-4(1), Hawaii County Charter) Vote on FC-77: Ms. David moved to adopt Finance Committee Report (Adopted) No. 77. Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members David, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—6. Noes: None. Absent: Council Members Chung, Kaneali`i-Kleinfelder, and Poindexter—3. Excused: None. ACTING CHR. EOFF: Motion carries. PC-31 NOMINATION OF STACEY E. AGUTAR TO THE BOARD OF APPEALS (Comm. 550): Requires Council Confirmation by: December 1, 2019 (Section 13-4(1), Hawaii County Charter) Vote on PC-31: Mr. Richards moved to adopt Planning Committee Report (Adopted) No. 31. Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members David, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—6. Noes: None. Absent: Council Members Chung, Kaneali`i-Kleinfelder, and Poindexter—3. Excused: None. ACTING CHR. EOFF: Motion carries. Page 34 Hawaii County Council-26 November 20,2019 PC-32 NOMINATION OF MARISA R. BANKSTON TO THE KONA COMMUNITY (Comm. 551): DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: December 1, 2019 (Section 13-4(1), Hawaii County Charter) Vote on PC-32: Ms. David moved to adopt Planning Committee Report (Adopted) No. 32. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—6. Noes: None. Absent: Council Members Chung, Kaneali`i-Kleinfelder, and Poindexter—3. Excused: None. ACTING CHR. EOFF: Motion carries. PC-33 NOMINATION OF ROSELYN C. MOLINA TO THE KONA COMMUNITY (Comm. 552): DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: December 1, 2019 (Section 13-4(1), Hawaii County Charter) Vote on PC-33: Ms. David moved to adopt Planning Committee Report (Adopted) No. 33. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members David, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—6. Noes: None. Absent: Council Members Chung, Kaneali`i-Kleinfelder, and Poindexter—3. Excused: None. ACTING CHR. EOFF: Motion carries. Page 35 Hawaii County Council-26 November 20,2019 PC-34 NOMINATION OF MAX EDWARD NEWBERG TO THE LEEWARD (Comm. 553): PLANNING COMMISSION Requires Council Confirmation by: December 1, 2019 (Section 13-4(1), Hawaii County Charter) Vote on PC-34: Mr. Richards moved to adopt Planning Committee Report (Adopted) No. 34. Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members David, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—6. Noes: None. Absent: Council Members Chung, Kaneali`i-Kleinfelder, and Poindexter—3. Excused: None. ACTING CHR. EOFF: Motion carries. PSC-10 NOMINATION OF MARCELLA ST. AMBROGIO TO THE POLICE (Comm. 548): COMMISSION Requires Council Confirmation by: December 1, 2019 (Section 13-4(1), Hawaii County Charter) Vote on PSC-10: Ms. Lee Loy moved to adopt Public Safety Committee (Adopted) Report No. 10. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, David, Kierkiewicz, Lee Loy, Richards, Villegas, and Acting Chair Eoff—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Poindexter—2. Excused: None. Page 36 Hawaii County Council-26 November 20,2019 PSC-11 NOMINATION OF ROD QUARTARARO TO THE POLICE COMMISSION (Comm. 549): Requires Council Confirmation by: December 1, 2019 (Section 13-4(1), Hawaii County Charter) Vote on PSC-11: Ms. Lee Loy moved to adopt Public Safety Committee (Adopted) Report No. 11. Seconded by Mr. Richards and carried by the following voice vote: 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. AWEEMC-11 NOMINATION OF MELISSA ROSE CARDWELL TO THE (Comm. 546): ENVIRONMENTAL MANAGEMENT COMMISSION Requires Council Confirmation by: December 1, 2019 (Section 13-4(1), Hawaii County Charter) Vote on Mr. Richards moved to adopt Agriculture, Water, Energy, AWEEMC-11: and Environmental Management Committee Report (Adopted) No. 11. Seconded by Ms. Lee Loy and carried by the following voice vote: 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. ACTING CHR. EOFF: Motion carries. Okay, let's start back to the top. Resolution 301. Return to Order Acting Chair Eoff directed the Council to return to the order of business. of Business: Page 37 Hawaii County Council-26 November 20,2019 ORDER OF Acting Chair Eoff directed the Council to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Res. 301-19: URGES THE DIRECTORS OF THE DEPARTMENT OF ENVIRONMENTAL (Draft 2) MANAGEMENT AND THE DEPARTMENT OF RESEARCH AND DEVELOPMENT TO COLLABORATE AND DEVELOP A PLAN FOR WASTE STREAM MANAGEMENT AND REDUCTION TECHNOLOGIES TO INCLUDE RENEWABLE AND ALTERNATIVE ENERGY GENERATION FOR THE COUNTY OF HAWAII Seeks to address an increasing supply of solid waste through a waste stream reduction technologies that would conserve County funds, reduce the use of fossil fuels, and improve environmental conditions on Hawaii Island. Reference: Comm. 462.12 Intr. by: Mr. Richards Approve: AWEEMC-12 Motion to Approve: Mr. Richards moved to adopt Res. 301-19, Draft 2, and Agriculture, Water, Energy, and Environmental Management Committee Report No. 12. Seconded by Mr. Kaneali`i-Kleinfelder. ACTING CHR. EOFF: Mr. Richards, you have the floor. MR. RICHARDS: Thank you, Chair. We went through this fairly extensively, and Bill Kucharski did talk to me and extends his regrets for him being unable to be here `cause he said this a very timely piece of legislation. We've heard a lot of comments today. I'm puzzled a little bit. I thought we had corrected or addressed the concerns that this is not a resolution about waste to energy. This is a resolution about waste management that might include energy. And that's actually the clean sheet of paper that the Environmental Management Commission, the Director of Environmental Management, and Research and Development get together, figure out some plans. And as was pointed out, we're not approving anything here. In the last `BE IT FURTHER RESOLVED that through additional legislation, policies, and actions that Hawaii County can enact, a successful alternative . . ." blah, blah, blah. So, what this is, is just giving them the go ahead to come up with an idea and bring it back to us and talk story about. One of the things that I'm keenly interested in is that TCOM thing that, Rebecca, you and Val brought forth. I don't know enough about it, but I'm sure hoping that Page 38 Hawaii County Council-26 November 20,2019 these guys are going to dig into that. I think there's some potential there. I just don't know exactly how to deal with that. So anyway, long story short, that's where we are with that. I do appreciate some of the comments made. I always love to hear from Jon Olson. I always like to hear it. His point is well taken. We talk a lot. We don't do. Let's get some done. So with that, I ask for my colleagues' support. ACTING CHR. EOFF: Thank you. Any other comments? Ms. Poindexter. MS. POINDEXTER: What the public needs to know, it's a resolution. It's a strong urging of our Council to start looking into this. And we've got to start somewhere. And it's not a one-thing fix. TCOM won't fix everything. It could be a solution for a portion of what we need to have done. But I think that what this resolution does is it encourages the department to start looking at those different options. So again, it's just a resolution. It's not an ordinance. They don't have to take everything that you say in that resolution and do it. It's basically a strong urging of this Council to look into our waste stream. So, I'll be supporting it. Thank you, Madam Chair. ACTING CHR. EOFF: Any other comments? Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Mr. Richards, I am proud of you for doing two drafts for this resolution. And you've also urged me to print out the entire Zero Waste program that we implemented in 2009 and read it. So, thank you. MR. RICHARDS: That wasn't my intention to have you print it out. But good on you. ACTING CHR. EOFF: Any other comments? Ms. David. MS. DAVID: Yes, thank you. I was going to say exactly that. I just wanted to thank you, Mr. Richards, for actually listening and bringing forth Draft 2 because of some of the comments that were made initially. So, thank you for that, and I support this. Mahalo. ACTING CHR. EOFF: Thank you. I just wanted to add to that that I think they're—actually, this doesn't seem in conflict with the Zero Waste initiative. It actually seems compatible. Maybe as time goes on, people will realize what's going on here to provide this opportunity for discussion. MR. RICHARDS: Just a quick comment? ACTING CHR. EOFF: Sure, go ahead. Page 39 Hawaii County Council-26 November 20,2019 MR. RICHARDS: I think as this comes forth and we start work on it, Matt, maybe you and me can go down and talk story with the Environmental Management Commission and just kind of present what we're hoping for. Okay, I yield. ACTING CHR. EOFF: Okay. Thank you. All in favor of approving Resolution 301-19, Draft 2, please say "aye." Vote on Res. 301-19: The motion to adopt Res. 301-19, Draft 2, and Agriculture, Draft 2 Water, Energy, and Environmental Management (Adopted) Committee Report No. 12 was carried by the following voice vote: 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. ACTING CHR. EOFF: Motion carries. I do have a request to take something out of order, if you folks don't mind. Mr. Brilhante is in Hilo for two resolutions. So, could we jump down to Resolution 386? Oh, it's not that far. Change Order As directed by Acting Chair Eoff and with no objection from the Council of Business: Members, the following items were taken out of order: Res. 386-19: COMMITS TO FUNDING THE COST ITEMS AGREED UPON BY THE EMPLOYERS AND THE HAWAII GOVERNMENT EMPLOYEES ASSOCIATION UNITS 13, 73, AND EMPLOYEES EXCLUDED FROM THOSE UNITS FOR THE CONTRACT PERIOD JULY 1, 2019, THROUGH JUNE 30, 2021 Authorizes the appropriation in future fiscal years which would include across-the- board increases, step movements, within-range progressions, and increases to meal allowances and travel times. The estimated cost over the two years of the contract would be $3,910,943. Reference: Comm. 585 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 386-19. Seconded by Mr. Richards. ACTING CHR. EOFF: Ms. David. Page 40 Hawaii County Council-26 November 20,2019 MS. DAVID: Thank you. Director Brilhante, thank you for coming so quickly. Would you please give us a rundown of Resolution 386, please, and the funding? Thank you. (Note: At this time, Human Resources Director William Brilhante came forward to address the members of the Council.) MR. BRILHANTE: (Inaudible) as they're all sitting here. But anyway, good afternoon. William Brilhante, Director of the Department of Human Resources. Yes,just as it relates to this resolution and then if you look at the agenda, later on there'll be a discussion regarding Item No. 407-19. But these are the two resolutions that are associated with the current HGEA (Hawai`i Government Employees Association) bargaining unit contracts, collective bargaining agreements. So, as you know, we've discussed previously as it relates to HGEA, they're operating under contracts that have since expired, and we were in negotiations. And this matter was set for arbitration. And prior to the first day of arbitration for this unit—and I'm just trying to make sure. This first number 386-19 is related to Unit 13 of HGEA, and it's just the collective bargaining agreement as it relates to cost items, which is primarily the salaries. Basically, it's a two-year contract, and the salaries are going to be about a 5.6 percent—not just the salaries, but salaries and the other cost benefits are going to be about a 5.6 percent increase per year over the two-year period. MS. DAVID: Okay, thank you very much. Thanks for that explanation. I yield, Chair. ACTING CHR. EOFF: Any questions, Council Members? Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Good afternoon, Bill. MR. BRILHANTE: Good afternoon. MR. KANEALI`I-KLEINFELDER: What are Bargaining Units 13 and 73? Which units are those? MR. BRILHANTE: Bargaining Unit 13 is primarily the white-collar workers, the supervisors, for HGEA. So, those are your higher-level supervisors. MR. KANEALI`I-KLEINFELDER: And then 73? Page 41 Hawaii County Council-26 November 20,2019 MR. BRILHANTE: That's the excluded managers that we associate. Because they're not represented by a specific unit, we identify 73. So, those would be the EMs (Excluded Managerial) that would ordinarily be in that unit, but they're excluded. MR. KANEALI`I-KLEINFELDER: Okay, thank you. I yield. ACTING CHR. EOFF: Any other questions, comments, Council Members? Seeing none, all in favor please say "aye." Vote on Res. 386-19: The motion to adopt Res. 386-19 was carried by the (Adopted) following voice vote: 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. ACTING CHR. EOFF: Motion carries. Mr. Brilhante, would you like us to jump down to Resolution 407? MR. BRILHANTE: Although I find this process to be very interesting and enlightening, that would be great if I could leave a little bit earlier. ACTING CHR. EOFF: Okay, let's do that. Mr. Clerk. Res. 407-19: COMMITS TO FUNDING THE COST ITEMS AGREED UPON BY THE EMPLOYERS AND THE HAWAII GOVERNMENT EMPLOYEES ASSOCIATION UNIT 2 FOR THE CONTRACT PERIOD JULY 1, 2019, THROUGH JUNE 30, 2021 Authorizes the appropriation in future fiscal years which would include lump-sum payments, across-the-board increases, step movements, and increases to meal allowances. The estimated cost over the two years of the contract would be $436,416. Reference: Comm. 609 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 407-19. Seconded by Mr. Richards. Page 42 Hawaii County Council-26 November 20,2019 ACTING CHR. EOFF: Any questions? Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Good afternoon, Bill. MR. BRILHANTE: Good afternoon again. MR. KANEALI`I-KLEINFELDER: I appreciate your sarcasm. That was funny. Bargaining Unit 2, what is that? MR. BRILHANTE: Bargaining Unit 2 is the lowest level of the HGEA units, and those are the supervisors for the UPW (United Public Workers) laborers who comprise Unit 1. So, that's why it's just Bargaining Unit 2. We don't have any excluded managers in this category. And again, it's the same percentage raise per year, about 5.6 percent or so per annum, except what they did was things were just tweaked a little bit so that the 2 percent raise and there's some lump-sum payments, they're just moved around so that the actual implementation of the lump sum are a little bit later or some may be a little bit earlier. But at the end of the day, it's about a 5.6 percent per annum raise across the board. MR. KANEALI`I-KLEINFELDER: That's a nice raise. MR. BRILHANTE: That's about the going rate for all of the units so far, excluding any real bonuses. It's been running about that much for, you know, we've had negotiations with Police, with Fire. We did a re-opener for UPW, and now we're just kind of in the last stages of dealing with the HGEA workers. We still have two units that are outstanding. I'm assuming if the Council chooses to approve this item, you would have two outstanding units. And that would be Unit 3 and then Unit 14 for HGEA. Then, that would conclude this round of contract negotiations. The unfortunate part is everybody's contract expires next year. So, the beginning of the year, we'll start negotiations for the upcoming expiring contracts. MR. KANEALI`I-KLEINFELDER: The only thing that caught my attention was the vacation, sick leave, and holidays. It says, "21 percent of total increased cost subject to fringe benefits." MR. BRILHANTE: I'm not sure if Ms. Sako is out or if someone from Finance is out in Konaoh, even better, she's here in person. That's a calculation. There's been no increase in the number of sick days allowed, vacation days allowed. I think just the cost associated with them and the increases are being reflected in that number. But I'll let Ms. Sako, who's the expert in the Finance area, discuss that matter. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) Page 43 Hawaii County Council-26 November 20,2019 MS. SAKO: Good afternoon. So, the vacation, sick leave, and holidays are basically 21 days sick, 21 days vacation, and usually 13 holidays per year. So, that works out to 21 percent. So, to give the complete picture of what it costs us for these raises, that is applied to the increased cost. But the bolded number right above that is really what our out-of-pocket cost will be. MR. KANEALI`I-KLEINFELDER: Okay. So, it's 21 days of vacation, 21 days of sick, and then MS. SAKO: Typically, 13 holidays per year, except in an election year it's 14. MR. KANEALI`I-KLEINFELDER: So, you get one, two, three, six weeks of—is vacation separate from sick leave? MS. SAKO: Yes, it is. MR. KANEALI`I-KLEINFELDER: Whoa, that's nice. I've never had that in the private industry. MS. SAKO: And you get the same benefits, by the way. MR. KANEALI`I-KLEINFELDER: I wish everyone could have that in the world. That would be beautiful. Okay, thank you, Deanna. ACTING CHR. EOFF: Any other questions? Seeing none, all in favor say "aye." Vote on Res. 407-19: The motion to adopt Res. 407-19 was carried by the (Adopted) following voice vote: 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. ACTING CHR. EOFF: Resolution 407 is adopted. I know there's—maybe I should just go back to the top and go down. There's somebody waiting for 363, but let's just go to 362 and go down the line. Return to Order The Acting Chair directed the Council to return to the order of business. of Business: Page 44 Hawaii County Council-26 November 20,2019 Res. 362-19: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR THE HAWAII COUNTY POLICE DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement for 150 mobile data terminals, with the cost for the entire five years not to exceed $450,000. Reference: Comm. 554 Intr. by: Ms. David (B/R) Approve: FC-78 Motion to Approve: Ms. David moved to adopt Res. 362-19 and Finance Committee Report No. 78. Seconded by Mr. Richards. ACTING CHR. EOFF: Any discussion? MS. DAVID: Chair, I just wanted to note that this passed out of Finance with unanimous approval, and I ask for your continued support. ACTING CHR. EOFF: Okay, thank you. All in favor, say "aye." Vote on Res. 362-19: The motion to adopt Res. 362-19 and Finance Committee (Adopted) Report No. 78 was carried by the following voice vote: 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. ACTING CHR. EOFF: Motion carried. Vote on Motion Ms. David moved to suspend Council Rule 15 to waive the to Suspend 5-day hold for reconsideration of Res. 362-19. Seconded Council Rules: by Mr. Richards 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. Page 45 Hawaii County Council-26 November 20,2019 ACTING CHR. EOFF: Motion carries. Res. 363-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT Transfers $2,079,110.50 from the Finance Administration & Budget Salaries and Wages account and credits to various department's Salaries and Wages accounts, for overtime costs associated with the first quarter of Fiscal Year 2019-2020. Reference: Comm. 555 Intr. by: Ms. David (B/R) Approve: FC-79 Motion to Approve: Ms. David moved to adopt Res. 363-19 and Finance Committee Report No. 79. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Any questions? MS. KIERKIEWICZ: Chair, I don't have a question. I just wanted to make a comment about ACTING CHR. EOFF: Okay. Ms. Kierkiewicz. MS. KIERKIEWICZ: Well, about the Prosecuting Attorney's Office. Not all of their, well, actually their attorneys don't get paid overtime. And so, I just wanted to make a special note about Kelden Waltjen who was the employee of the year. He worked 300 hours in overtime to make sure that the job got done. So, thank you, Kelden. Thank you to everyone at the Prosecuting Attorney's Office—all the attorneys that don't get compensated for their work that work incredibly hard because they believe in serving the County. ACTING CHR. EOFF: Thank you for letting us know. Mr. Richards. MR. RICHARDS: Yeah, thanks, Chair. I think there's someone who should be in Chambers in Hilo if there's any questions for them. Is that accurate? (Note: At this time, Supervising Legal Clerk Lea Cooper came forward to address the members of the Council.) MS. COOPER: Good afternoon, Council. My name is Lea Cooper. I'm from the Prosecutor's Office, and I supervise the clerical unit. So, if there are any questions as to why we have so much overtime this first quarter, I'm happy to try to answer them. MR. RICHARDS: Yeah, Chair? Page 46 Hawaii County Council-26 November 20,2019 ACTING CHR. EOFF: You still have the floor. MR. RICHARDS: Give us a thumbnail's sketch of why the overtime, please. MS. COOPER: Okay. So, we have been asking for five years now for new positions to be funded by the County for our clerical unit. Finally, we got two new positions this year that will start January 1st. So, I think this will do a great deal to alleviate the amount of overtime that people work. And I'd like to note also that it's not only attorneys that are working overtime without claiming. Many of our clerical do the same, although we try to discourage it. They sneak in to get the work done. We had several clerks retire this year, and there seems to be a gap in hiring of at least four months—between the time that you advertise the job, interview, do the background checks. And then, also, we have a fingerprinting requirement now that has to be sent out to Oahu that adds more weeks to the time between one person leaving and a new person coming in. During those puka periods, it takes all the other clerks jumping in to do the job that would normally be done by that clerk who's now not being replaced right away. So, in Kona, we have had until now almost a revolving door in vacancies we believe because of the high cost of living in Kona. But I think now we've succeeded in stabilizing the Kona office with some really good employees who are committed to being there long term. The district court unit in Hilo suffered from a staff deficit this year of two-and-a-half workers out of five. So, half of the unit was gone, whether it was long-term medical leave or just unable to fill the position. For example, there was a Legal Clerk I position that had no applicants on the list that we would get from HR (Human Resources). There just simply were no applicants. So, half the unit was doing the work of an entire unit when that unit, even when full, is still short staffed. Do you want me to keep going? MR. RICHARDS: Yes. MS. COOPER: Okay. It seems that the complexity of the cases, at least in our district court unit, have increased, which puts a big strain on the clerks who are left to prepare calendars, draft documents, prepare discovery, and update our own tracking database. I believe that all of you have heard, perhaps ad nauseam, about the Spillman System this year. So, I really don't want to beat a dead horse there, but that took an incredible amount of time to learn, and then the HPD (Hawai`i Police Department) took it away from us. So it was, well, basically wasted time spent trying to learn their database, which then they decided that they didn't want us to use it after all. As for the judiciary, the judges especially—there's a lot of per diem judges now who demand more documentation for preliminary hearings. And the new rules that Page 47 Hawaii County Council-26 November 20,2019 relate to the unshackling of defendants means that cases take longer, they're continued more often, and they require more clerical staff to reissue subpoenas and redo discovery. So, there's a number of things coming into play. Nobody wants to work overtime, but I just can say for a fact that there's a lot more overtime worked than is claimed. And we'd like to thank you for the two new positions they we are getting. They're just critical in helping us get the work done. MR. RICHARDS: Okay. Thank you. And this goes back, I think, to the conversation we had when we were over at the Prosecuting Attorney's Office in budget time where we knew you guys were pressed back then. This sounds worse. So, that explains it to me. Thank you, Chair. I yield. ACTING CHR. EOFF: Thank you. Any other comments? Seeing none, all in favor say "aye." Vote on Res. 363-19: The motion to adopt Res. 363-19 and Finance Committee (Adopted) Report No. 79 was carried by the following voice vote: 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. ACTING CHR. EOFF: Resolution 363 is adopted. Res. 387-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO YWCA OF HAWAII ISLAND FOR THE 2019 FAMILY VIOLENCE SUMMIT Transfers $750 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. 586 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 387-19. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Do you have any comments? Page 48 Hawaii County Council-26 November 20,2019 MS. DAVID: Yes, I just would like to thank the Prosecutor's Office for this program and ask for your folks' support. Mahalo. ACTING CHR. EOFF: Okay, thank you. All in favor, please say "aye." Vote on Res. 387-19: The motion to adopt Res. 387-19 was carried by the (Adopted) following voice vote: 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. ACTING CHR. EOFF: Motion carries. Resolution 387 is adopted. Res. 388-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO YWCA OF HAWAII ISLAND FOR THE 2019 FAMILY VIOLENCE SUMMIT Transfers $750 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 587 Intr. by: Ms. Lee Loy Vote on Res. 388-19: Ms. Lee Loy moved to adopt Res. 388-19. Seconded by (Adopted) Mr. Richards and carried by the following voice vote: 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. ACTING CHR. EOFF: Resolution 388 is adopted. Page 49 Hawaii County Council-26 November 20,2019 Res. 390-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO WAIAKEA HIGH SCHOOL PARENT, TEACHER, STUDENT ASSOCIATION FOR THE 2020 WAIAKEA HIGH SCHOOL PROJECT GRAD NIGHT Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 589 Intr. by: Ms. Lee Loy Vote on Res. 390-19: Ms. Lee Loy moved to adopt Res. 390-19. Seconded by (Adopted) Mr. Richards and carried by the following voice vote: 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. ACTING CHR. EOFF: Motion carries. Resolution 390 is adopted. Res. 391-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KURTISTOWN ASSEMBLY OF GOD FOR THE REIMBURSEMENT OF EXPENSES INCURRED AT THE PUNA KIDS PARTY 2019 Transfers $750 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 590 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 391-19. Seconded by Ms. David. ACTING CHR. EOFF: Any comments? MR. KANEALI`I-KLEINFELDER: This was a way to kind of promote family fun on Halloween through this church that came to me, one of my town halls. And I just was happy to be able to give money to this. So, I look for your support. Page 50 Hawaii County Council-26 November 20,2019 ACTING CHR. EOFF: Thank you. All in favor, say "aye." Vote on Res. 391-19: The motion to adopt Res. 391-19 was carried by the (Adopted) following voice vote: 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. ACTING CHR. EOFF: Motion carries. Resolution 391 is adopted. Res. 392-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MOUNTAIN VIEW ELEMENTARY SCHOOL PARENT, TEACHER, STUDENT ASSOCIATION FOR MOUNTAIN VIEW ELEMENTARY SCHOOL'S `OHANA DAY EVENT Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 591 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 392-19. Seconded by Ms. Kierkiewicz. ACTING CHR. EOFF: Comment? MR. KANEALI`I-KLEINFELDER: I really don't feel like there's anything better that we can do than to give money to the kids in our districts and to the schools in our districts, especially when they are underfunded and they need some love and we have $100,000 to give. So, I will continue to try and support this. I ask you to support this, and I hope that you have schools in your district you can do the same for if you haven't already. ACTING CHR. EOFF: Thank you. All in favor, say "aye." Page 51 Hawaii County Council-26 November 20,2019 Vote on Res. 392-19: The motion to adopt Res. 392-19 was carried by the (Adopted) following voice vote: 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. ACTING CHR. EOFF: Motion carries. Resolution 392 is adopted. Res. 393-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA O PUNA FOR EXPENSES RELATED TO THE 6TH INTERNATIONAL SCIENTIFIC WORKSHOP ON RAT LUNGWORM DISEASE Transfers $1,750 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 592 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 393-19. Seconded by Mr. Richards. ACTING CHR. EOFF: Any comments? MR. KANEALI`I-KLEINFELDER: I would like to give Rene Siracusa a compliment for running Malama `O Puna and being very helpful when it comes to being a 501(c)(3) that sponsors and helps put on different events in Puna. I look for your support on this. I see others are supporting this as well, that this is an interesting battle that we have right now. I hope we can find a solution for it. It's kind of disturbing actually. It is disturbing, this disease. Thank you. ACTING CHR. EOFF: Okay, thank you. MR. RICHARDS: Question. ACTING CHR. EOFF: Mr. Richards. MR. RICHARDS: Matt, do you have any details on the event at all? Page 52 Hawaii County Council-26 November 20,2019 MR. KANEALI`I-KLEINFELDER: On this event that's happening? MR. RICHARDS: Yeah. Because, I completely agree with you, and I fully support it `cause it is a goofy disease and we don't know enough near about it. It's kind of funny, but our County's really taking that initiative to go forward. I was just wondering if you knew `cause in the testimony they said it's exceeded their expectations, which is really good. MR. KANEALI`I-KLEINFELDER: I do not. And I just hope that no one else catches this `cause it's horrible. I don't like the way that it breeds. I don't like the interaction between rat and snail, and it's just this horrible kind MR. RICHARDS: Don't think too hard on that stuff I can scare you with other stories. MR. KANEALI`I-KLEINFELDER: Then, it even makes us want to not eat the food that we're growing in our backyard. It's just a really interesting disease. I don't like it at all. I mean, what else do you need to say? So, I'm happy to support this. Thank you, Tim. ACTING CHR. EOFF: Thank you. All in favor, say "aye." Vote on Res. 393-19: The motion to adopt Res. 393-19 was carried by the (Adopted) following voice vote: 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. ACTING CHR. EOFF: Motion carries. Resolution 393 is adopted. Page 53 Hawaii County Council-26 November 20,2019 Res. 394-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA O PUNA TO ASSIST WITH EXPENSES ASSOCIATED WITH THE 6TH INTERNATIONAL SCIENTIFIC WORKSHOP ON RAT LUNGWORM DISEASE Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 593 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 394-19. Seconded by Ms. Villegas. ACTING CHR. EOFF: Ms. David, would you like to make a comment? MS. DAVID: Yes, I just want to ditto what Mr. Kaneali`i-Kleinfelder has said and also say thank you to Rene Siracusa because it's a great thing to get a handle on, and I hope we do, as much as we love our salads ourselves. So, thank you. ACTING CHR. EOFF: Okay, thank you. All in favor, say "aye." Vote on Res. 394-19: The motion to adopt Res. 394-19 was carried by the (Adopted) following voice vote: 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. ACTING CHR. EOFF: Motion carries. Resolution 394 is adopted. Page 54 Hawaii County Council-26 November 20,2019 Res. 395-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA O PUNA TO ASSIST WITH EXPENSES ASSOCIATED WITH THE 6TH INTERNATIONAL SCIENTIFIC WORKSHOP ON RAT LUNGWORM DISEASE Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 594 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 395-19. Seconded by Ms. Poindexter. ACTING CHR. EOFF: Any further comment? MS. VILLEGAS: Don't make all the faces, but I agree that this is a really challenging infection to deal with in all of its different capacities and different carriers. So, I'm excited for them to meet and be able to discover some new means of dealing with it. So, I thank you for your support. ACTING CHR. EOFF: Okay, thank you. All in favor, say "aye." Vote on Res. 395-19: The motion to adopt Res. 395-19 was carried by the (Adopted) following voice vote: 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. ACTING CHR. EOFF: Motion carries. Resolution 395 is adopted. Page 55 Hawaii County Council-26 November 20,2019 Res. 396-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII ALLIANCE FOR COMMUNITY-BASED ECONOMIC DEVELOPMENT TO ASSIST WITH EXPENSES FOR A TWO-DAY WORKING MEETING OF THE VIBRANT HAWAII ISLAND LEADERSHIP COUNCIL Transfers $4,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 595 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 396-19. Seconded by Ms. Kierkiewicz. ACTING CHR. EOFF: Any comments? MS. VILLEGAS: I would just ask for your continued support, as many of us have identified Vibrant Hawaii as a worthy and productive and positive working group in our community. ACTING CHR. EOFF: Thank you. All in favor, say "aye." MS. KIERKIEWICZ: Chair, one second, please, if I may. ACTING CHR. EOFF: Oh, I'm sorry. MS. KIERKIEWICZ: No, no. I just needed to disclose that I'm one of a couple dozen members that sit on the leadership council. So, I just wanted to share that and also thank my colleague and other members of this body for supporting this growing collective action movement. Thank you. ACTING CHR. EOFF: Thank you. All in favor, say "aye." Vote on Res. 396-19: The motion to adopt Res. 396-19 was carried by the (Adopted) following voice vote: 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. Page 56 Hawaii County Council-26 November 20,2019 ACTING CHR. EOFF: Motion carries. Resolution 396 is adopted. Res. 397-19: 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 AUTISM SOCIETY OF HAWAII TO ASSIST WITH EXPENSES RELATED TO THE 11TH ANNUAL SURFERS HEALING HAWAII EVENT IN HILO Transfers $800 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 596 Intr. by: Mr. Richards Motion to Approve: Mr. Richards moved to adopt Res. 397-19. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Any comment? MR. RICHARDS: Just we've had this come before us. We don't need to spend anymore time. We all seem to support good things. I yield. ACTING CHR. EOFF: Thank you. All in favor,please say "aye." Vote on Res. 397-19: The motion to adopt Res. 397-19 was carried by the (Adopted) following voice vote: 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. ACTING CHR. EOFF: Motion carries. Resolution 397 is adopted. Page 57 Hawaii County Council-26 November 20,2019 Res. 398-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO PUNA MAKAUKAU FOR REIMBURSEMENT OF EXPENSES RELATED TO THE HAWAII COUNTY CITIZEN CORPS VOLUNTEER APPRECIATION LUNCHEON Transfers $600 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Civil Defense Agency, Other Current Expenses account. Reference: Comm. 598 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 398-19. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: Any comment? MS. KIERKIEWICZ: Yeah, I just want to say thank you to Patti Pinto for reaching out to me to support this event. It was a really well-organized and attended event where we could honor the dozens and dozens of volunteers who stepped up during last year's eruption and selflessly. There were so many that were impacted by that event. So, I'm glad to have supported and to honor many of the volunteers in our community. ACTING CHR. EOFF: Okay, thank you. All in favor, say "aye." Vote on Res. 398-19: The motion to adopt Res. 398-19 was carried by the (Adopted) following voice vote: 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. ACTING CHR. EOFF: Motion carries. Resolution 398 is adopted. Page 58 Hawaii County Council-26 November 20,2019 Res. 399-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII ALLIANCE FOR COMMUNITY-BASED ECONOMIC DEVELOPMENT TO ASSIST WITH VIBRANT HAWAII ISLAND Transfers $7,500 from the Clerk-Council Services –Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 599 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 399-19. Seconded by Ms. Lee Loy. MS. KIERKIEWICZ: I think we all know what Vibrant Hawaii does, but I wanted to take this opportunity to thank my Legislative Assistant, Christine Kahikina sorry, I'm getting a little emotional here—for all of her work because she's going to be leaving our office at the end of the month. She and her husband are moving back to the Mainland, so I'm very sad to be losing two incredible people. I'm bummed to be losing her, but I'm so happy that she put up with me for these 11 months and all of our projects and our legislation. So, I'm just incredibly grateful. And thank you for putting so much time and heart and passion into everything for District 4 and really helping to serve our community. So, thank you. I yield. ACTING CHR. EOFF: Okay, thank you, Ms. Kierkiewicz. Okay. All in favor, please say "aye." Vote on Res. 399-19: The motion to adopt Res. 399-19 was carried by the (Adopted) following voice vote: 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. ACTING CHR. EOFF: Motion carries. Resolution 399 is adopted. Page 59 Hawaii County Council-26 November 20,2019 Res. 404-19: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A WORKFORCE INNOVATION AND OPPORTUNITY ACT GRANT Funds in the amount of$64,806 would be used to assist at-risk businesses with rapid response activities to prevent lay-offs or closures, and layoff aversion services to assist displaced workers through training,job fairs, workshops and other activities. Reference: Comm. 606 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 404-19. Seconded by Mr. Richards. ACTING CHR. EOFF: Comments? MS. DAVID: Thank you. The department requested a waiver of this reso. (resolution), and I think we have Alisa Hanselman in Hilo, who's the Assistant Housing Administrator, and Sandra Goodale and Christine Nguyen. If they could come forward just to explain the expedited request and what this grant is for briefly, ladies. Thank you for your patience. (Note: At this time, Assistant Housing Administrator Alisa Hanselman and Housing and Community Development Specialist Sandra Goodale came forward to address the members of the Council.) MS. HANSELMAN: Hi. Good afternoon, Council Members. Alisa Hanselman, Assistant Housing Administrator. MS. GOODALE: I'm Sandra Goodale, the Workforce Innovation and Opportunity Act Specialist and staff to the board. MS. HANSELMAN: So, basically, Rapid Response is a program under WIOA (Workforce Innovation and Opportunity Act). They step in when there's a business closure or a mass layoff to provide services to dislocated workers, to enable the dislocated workers to transition to new employment as quickly as possible. We also step in for lay-off aversion strategies and provide dislocated workers with information, resources and services. MS. DAVID: Thank you very much. Great program. Also, the request to expedite the funds is because there's a deadline, I assume. Page 60 Hawaii County Council-26 November 20,2019 MS. HANSELMAN: Yes, the program year ends, this resolution is for program year 2018 funds, which will expire on June 30, 2020. MS. DAVID: Okay, great. Thanks a lot. I yield at this time. Mahalo, ladies. ACTING CHR. EOFF: Okay, thank you. Any other comments or questions, Council members? Seeing none, all those in favor please say "aye." Vote on Res. 404-19: The motion to adopt Res. 404-19 was carried by the (Adopted) following voice vote: 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. ACTING CHR. EOFF: Motion carries. Resolution 404 is approved. Resolution 405. Res. 405-19: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE OFFICE OF THE PROSECUTING ATTORNEY Funds in the amount of$769,895 would be used for two positions and associated costs for the 2019 Sexual Assault Kit Initiative Investigation and Prosecution program. Reference: Comm. 607 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 405-19. Seconded by Mr. Richards. MS. DAVID: This is also another request for a waiver to expedite the receipt of funds. And I'm not sure if we have anyone from Prosecutor's Office, but my understanding is that the time period for this is October 2019 through September 2021, and it's for two positions plus fringes. So I'm not sure if I'm explaining it, but there is a need to expedite this to get those funds. MR. RICHARDS: Chair? Page 61 Hawaii County Council-26 November 20,2019 ACTING CHR. EOFF: Okay, thank you. Mr. Richards. MR. RICHARDS: Yeah, I believe the Prosecuting Attorney, Mitch Roth was there for the meeting but had to leave. I think you explained it pretty well, Finance Chair. MS. DAVID: Thank you. MR. RICHARDS: So I'll definitely support and yes, expedite. ACTING CHR. EOFF: Thank you. Okay, all in favor, say "aye." Vote on Res. 405-19: The motion to adopt Res. 405-19 was carried by the (Adopted) following voice vote: 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. ACTING CHR. EOFF: Motion carried. Resolution 405 is approved. Resolution 406. Res. 406-19: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A WORKFORCE INNOVATION AND OPPORTUNITY ACT GRANT Funds in the amount of$64,172 would be used for rapid response and layoff aversion activities. Reference: Comm. 608 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 406-19. Seconded by Mr. Richards. ACTING CHR. EOFF: Ms. David. MS. DAVID: Yes, thank you. Ms. Hanselman, again, this is an expedited request, so just a brief summary of what this is, please? Page 62 Hawaii County Council-26 November 20,2019 (Note: At this time, Assistant Housing Administrator Alisa Hanselman came forward to address the members of the Committee.) MS. HANSELMAN: For this one, it's for the program year 2019. But from what I understand, we need to spend 2018 monies first. So it just got, like he spoke, put together. MS. DAVID: Okay, thank you. I yield, Chair. Thanks. ACTING CHR. EOFF: Okay, thank you. Any other questions? Seeing none, all in favor,please say "aye." Vote on Res. 406-19: The motion to adopt Res. 406-19 was carried by the (Adopted) following voice vote: 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. ACTING CHR. EOFF: Motion carries. Resolution 406 is adopted. Let's go down to bills for first reading, Bill 109. BILLS FOR Acting Chair Eoff directed the Council to proceed to the next order of business, ORDINANCES: Bills for Ordinances (First Reading). (FIRST READING) Bill 109: AMENDS CHAPTER 2, ARTICLE 40, SECTION 2-207 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REFERRAL OF BILLS FOR ORDINANCES TO THE ENVIRONMENTAL MANAGEMENT COMMISSION Revises provisions relating to the 45-day period for review of amendments to Chapters 20 (Refuse) and 21 (Sewers). Reference: Comm. 532 Intr. by: Mr. Richards Approve: AWEEMC-13 Motion to Approve: Mr. Richards moved to pass Bill 109 on first reading and adopt Agriculture, Water, Energy, and Environmental Management Committee Report No. 13. Seconded by Ms. Lee Loy. Page 63 Hawaii County Council-26 November 20,2019 ACTING CHR. EOFF: Mr. Richards, you have the floor. MR. RICHARDS: Yeah, thank you, Chair. This is something that's come through Committee and we had a long discussion on this. This was coming in discussion with Director Kucharski as far as expediting and streamlining government. Essentially what this does is allow us to have a conversation while something is with the Environmental Management Commission, so it can go concurrently rather than sequentially, and then speed things up. It also has provisions in here that if for some reason as it's coming through Council that there's a substantial change to the bill that resets the clock and they get more time to evaluate it. Again, the whole point is the Director says this will expedite things so we don't bogged down in the process. So I ask for your support. ACTING CHR. EOFF: And if I'm not mistaken, we still need to have recommendation come back to the Commission before have decision making. MR. RICHARDS: Yeah, we can take—if you read the final thing, no final action can be taken unless we have a response back from the Environmental Management Commission. MR. HENRICKS: Just a minor correction. If they don't respond, there is neither a favorable nor an unfavorable recommendation. It's just essentially that they didn't respond. The Council can then move forward after that period has elapsed. MR. RICHARDS: The Clerk is right. If they don't respond within the 45 days, then it's considered a no, that won't stop the process going forward. ACTING CHR. EOFF: Thank you. Any questions, Council Members? This is on first reading. None, all in favor, please say "aye." Vote on Bill 109: The motion to pass Bill 109 on first reading and adopt (Approved) Agriculture, Water, Energy, and Environmental Management Committee Report No. 13 was carried by the following voice vote: 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. Page 64 Hawaii County Council-26 November 20,2019 ACTING CHR. EOFF: Motion carries. Bill 109 will move to second reading. Bill 111. Bill 111: AMENDS ORDINANCE NO. 09-90A, WHICH RECLASSIFIED LANDS FROM SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO INDUSTRIAL—COMMERCIAL MIXED —20,000 SQUARE FEET (MCX-20) AT WAIAKEA HOUSELOTS, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-050:043 (Applicant: Trevor R. Rodrigues) (Area: 45,800 sq. ft.) The Windward Planning Commission forwards its favorable recommendation for this amendment, which will allow a five-year time extension to comply with Condition D (Time to Complete Construction) and Condition F (Future Road Widening). The applicant is requesting to construct a veterinary clinic with 25 parking stalls, as well as two other buildings for commercial office and warehouse space. The property is located along the north side of East Kawili Street at the corner of Laukapu Street in the Waiakea Houselots. Reference: Comm. 545 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-35 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 111 on first reading and adopt Planning Committee Report No. 35. Seconded by Mr. Richards. ACTING CHR. EOFF: Any discussion? MS. KIERKIEWICZ: Chair, if there are questions, I can call members from the Planning Department from their office, but this came before Planning Committee, and this is a favorable recommendation. ACTING CHR. EOFF: Okay. All in favor, say "aye." Vote on Bill 111: The motion to pass Bill 111 on first reading and adopt (Approved) Planning Committee Report No. 35 was carried by the following voice vote: 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. Page 65 Hawaii County Council-26 November 20,2019 ACTING CHR. EOFF: Bill 111 will move to second reading. Bill 116. Bill 116: 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 —Workforce Innovation and Opportunity Act account ($64,806); and appropriates the same to the Workforce Innovation and Opportunity Act Rapid Response 19-20 account. Funds would be used to assist at-risk businesses with rapid response activities to prevent lay-offs or closures, and layoff aversion services to assist displaced workers through training,job fairs, workshops and other activities. Reference: Comm. 606 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 116 on first reading. Seconded by Ms. Lee Loy. ACTING CHR. EOFF: And this is the companion to Resolution 404. MS. DAVID: Yes, thank you. I ask for your support. Vote on Bill 116: The motion to pass Bill 116 on first reading was carried by (Approved) the following voice vote: 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. ACTING CHR. EOFF: Motion carries. Bill 116 will go to second reading. Bill 117. Page 66 Hawaii County Council-26 November 20,2019 Bill 117: 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 —2019 Sexual Assault Kit Initiative Investigation and Prosecution account ($769,895); and appropriates the same to the 2019 SAKI Investigation and Prosecution account. Funds would be used by the Office of the Prosecuting Attorney for two positions and associated costs for the 2019 Sexual Assault Kit Initiative Investigation and Prosecution program. Reference: Comm. 607 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 117 on first reading. Seconded by Mr. Richards. ACTING CHR. EOFF: Any discussion? MS. DAVID: This is a companion to Resolution 405, and I ask for your continued support. Vote on Bill 117: The motion to pass Bill 117 on first reading was carried by (Approved) the following voice vote: 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. ACTING CHR. EOFF: Motion carries. Bill 117 will move to second reading. Bill 118. Page 67 Hawaii County Council-26 November 20,2019 Bill 118: 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 —Workforce Innovation and Opportunity Act account ($64,172); and appropriates the same to the Workforce Innovation and Opportunity Act Rapid Response 20-21 account. Funds would be used for rapid response and layoff aversion activities in Hawaii County. Reference: Comm. 608 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 118 on first reading. Seconded by Mr. Richards. MS. DAVID: Just ask for your continued support. ACTING CHR. EOFF: Thank you. All in favor, say "aye." Vote on Bill 118: The motion to pass Bill 118 on first reading was carried by (Approved) the following voice vote: 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. ACTING CHR. EOFF: Bill 118 will move to second reading. Okay, dropping down to Order of the Day, Bill 106. ORDER OF Acting Chair Eoff 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 101, Draft 2, was taken up previously, out of order.) Page 68 Hawaii County Council-26 November 20,2019 Bill 106: AMENDS ORDINANCE NO. 19-74, AS AMENDED, RELATING TO PUBLIC (Draft 2) IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2019 TO JUNE 30, 2020 Reappropriates lapsed fuel tax funds from past fiscal years by establishing the following program appropriations to the Capital Budget: North Kona Engineering Project ($13,847.15); Roadway Projects (Engineering) ($5,253,455.15); Bridge Inspection, Repair and Replacement Program (Engineering) ($1,764,363.84); and Local Road Improvements (Highways) ($1,343,254.62), for a total of $8,374,920.76. Reference: Comm. 522.2 Intr. by: Ms. David (B/R) First Reading: November 6, 2019 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Vote on Bill 106: Ms. David moved to pass Bill 106, Draft 2, on second and Draft 2 final reading. Seconded by Ms. Lee Loy and carried by the (Adopted) following voice vote: 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. ACTING CHR. EOFF: Motion carries. Bill 106, Draft 2, is adopted. Bill 107. Bill 107: AMENDS ORDINANCE NO. 19-74, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2019 TO JUNE 30, 2020 Adds the Public Works Kino`ole Street Shoulder Improvements project for $6.7 million to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or Other Sources. Reference: Comm. 523 Intr. by: Ms. David (B/R) First Reading: November 6, 2019 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Page 69 Hawaii County Council-26 November 20,2019 Vote on Bill 107: Ms. David moved to pass Bill 107 on second and final (Adopted) reading. Seconded by Mr. Richards and carried by the following voice vote: 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. ACTING CHR. EOFF: Motion carries. Bill 107 is adopted. Bill 108. Bill 108: AMENDS ORDINANCE NO. 19-74, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2019 TO JUNE 30, 2020 Adds the Public Works Kawili Street Shoulder Improvements project for $4.45 million to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or Other Sources. Reference: Comm. 524 Intr. by: Ms. David (B/R) First Reading: November 6, 2019 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Vote on Bill 108: Ms. David move to pass Bill 108 on second and final (Adopted) reading. Seconded by Mr. Richards and carried by the following voice vote: 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. ACTING CHR. EOFF: Motion carries. Bill 108 is adopted. Bill 110. Page 70 Hawaii County Council-26 November 20,2019 Bill 110: 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 Contribution from Private Source account ($1,500); and appropriates the same to the Clerk-Council Services Other Current Expenses account. Funds would be used for travel and other expenses incurred from Council Member Rebecca Villegas' attendance at a climate summit and conference in New York City. Reference: Comm. 540 Intr. by: Ms. David (B/R) First Reading: November 6, 2019 Vote on Bill 110: Ms. David moved to pass Bill 110 on second and final (Adopted) reading. Seconded by Ms. Villegas and carried by the following voice vote: 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. ACTING CHR. EOFF: Motion carries. Bill 110 is approved. Bill 112. Bill 112: 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 Federal Grants —Substance Abuse Prevention Coordination account ($110,000); and appropriates the same to the Substance Abuse Prevention Coordination account, bringing the total appropriation to $260,000. Funds would be used by the Office of the Prosecuting Attorney for salary and program expenses. Reference: Comm. 556 Intr. by: Ms. David (B/R) First Reading: November 6, 2019 Page 71 Hawaii County Council-26 November 20,2019 Vote on Bill 112: Ms. David moved to pass Bill 112 on second and final (Adopted) reading. Seconded by Mr. Richards and carried by the following voice vote: 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. ACTING CHR. EOFF: Motion carries. REPORTS: Acting Chair Eoff directed the Council to proceed to the next order of business, Reports. (Note: All items in this category were taken up previously, out of order.) REFERRALS Acting Chair Eoff directed the Council to proceed to the next order of FOR Referrals for Executive Session. EXECUTIVE SESSION: (There were none.) OTHER Acting Chair Eoff directed the Council to proceed to the next order of business, BUSINESS: Other Business. (There was none.) ANNOUNCE- Acting Chair Eoff directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) ACTING CHR. EOFF: I believe that takes us to the end of our agenda. Page 72 Hawai`i County Council-26 November 20,2019 ADJOURNMENT: There being no further business, at 2:56 p.m., Mr. Richards moved that the meeting be adjourned. Seconded by Ms. Lee Loy and carried by the following voice vote: 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. ACTING CHR. EOFF: We are adjourned. Thank you very much, Council Members. DEC 182019 Council Approval: CO i i' ERK JH/dg/ja Page 73