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HomeMy WebLinkAboutMIN COUNCIL 2019-12-04 2018-2020 Hawaii County Council 27th Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii December 4, 2019 INVOCATION: Pastor Ron Brav of Calvary Chapel Hilo gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9 a.m., in the Council Chambers, Hilo, by Mr. Aaron S. Y. Chung, Chair. ROLL CALL: Present: Mr. Aaron S. Y. Chung, Chair Ms. Karen Eoff, Vice Chair Ms. Maile Medeiros David, Member Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member Ms. Susan L. K. Lee Loy, Member Ms. Valerie T. Poindexter, Member Mr. Herbert M. "Tim" Richards, III, Member Ms. Rebecca Villegas, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of Allegiance. ALLEGIANCE: (At this time, Ms. Lee Loy led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions, MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (Note: At this time, Mr. Kaneali`i-Kleinfelder presented a Certificate of Merit to EXPRESSIONS OF Kwai-Chang Publico for winning the first ever World Juicing Championship. CONDOLENCE: Also, Ms. Kierkiewicz presented Certificates of Merit to the Na `opio o Puna Art Contest participants and winner.) CHR. CHUNG: Okay, we're going to be taking a recess. But as fate would have it, inasmuch as this is a lava recovery theme project, we have Mayor Kim here. And so, maybe if he can come up and take a picture with us, that would be great. So, let's take a short recess. Recess: At 9:15 a.m., the Chair called for a recess. Hawaii County Council-27 December 4,2019 Reconvene: The meeting reconvened at 9:18 a.m. STATEMENTS The Chair directed the Council to proceed to the next order of business, Statements FROM THE from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Candee Ellsworth: Res. 408-19 (Comm. 610); and (representing Friends of NELHA) Res. 414-19 (Comm. 620), in support. Jerry Warren: Comm. 640; Res. 384-19 (Comm. 583); and AWEEMC-14 (Comm. 611), in opposition. Shakti Hoku Douglas: Res. 418-19 (Comm. 624), in support. (representing Girls to Women Mentoring Hawaii) Zak Shimose: Res. 411-19 (Comm. 617), in support. (representing Hua O Lahui) Ray Bumatay: Res. 411-19 (Comm. 617), in support. APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Vote on Approval Ms. Lee Loy moved to approve the Minutes of of Minutes: November 6, 2019. Seconded by Ms. Kierkiewicz and (Approved) carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: We have a request from Ms. Bautista from the Administration to take up the nominations. We understand that Environmental Management Commission Nominee Georjean Adams is here this morning, but why don't we just take up all three of the nominations in order, okay, starting with Mr. Birch. Page 2 Hawaii County Council-27 December 4,2019 Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order: PC-36 NOMINATION OF ROSS BIRCH TO THE BANYAN DRIVE HAWAII (Comm. 612): REDEVELOPMENT AGENCY Vote on PC-36: Ms. Kierkiewicz moved to adopt Planning Committee (Adopted) Report No. 36. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. PC-37 NOMINATION OF BENJAMIN NEY TO THE WATER BOARD (Comm. 613): Requires Council Confirmation by: December 14, 2019 (Section 13-4(1), Hawaii County Charter) Vote on PC-37: Ms. Lee Loy moved to adopt Planning Committee Report (Adopted) No. 37. Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Page 3 Hawaii County Council-27 December 4,2019 AWEEMC-14 NOMINATION OF GEORJEAN L. ADAMS TO THE ENVIRONMENTAL (Comm. 611): MANAGEMENT COMMISSION Requires Council Confirmation by: December 14, 2019 (Section 13-4(1), Hawaii County Charter) (Note: At this time, Executive Assistant to the Mayor Rose Bautista and Nominee Georjean Adams came forward to address the members of the Council.) Vote on Ms. David moved to adopt Agriculture, Water, Energy, and AWEEMC-14: Environmental Management Committee Report No. 14. (Adopted) Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Council Member Richards spoke in favor of the appointment. Chair Chung stated that concerns were brought up during public testimony by Mr. Jerry Warren, and asked that Ms. Adams keep an open mind when making decisions. CHR. CHUNG: Okay, I want to take something else out of order. Let's go with the appointment of Roy Takemoto as Managing Director. Communication 641. Comm. 641: APPOINTMENT OF ROY TAKEMOTO AS MANAGING DIRECTOR From Mayor Harry Kim, dated November 20, 2019, submitting for the Council's confirmation the above appointment. Waived: GREDC Requires Council Confirmation by: January 30, 2019 (Section 13-8, Hawaii County Charter) Motion to Approve: Ms. David moved to confirm the appointment of Roy Takemoto as Managing Director. Seconded by Ms. Eoff. CHR. CHUNG: Mayor Kim and Roy, please? Page 4 Hawaii County Council-27 December 4,2019 (Note: At this time, Mayor Harry Kim and Nominee Roy Takemoto came forward to address the members of the Council.) CHR. CHUNG: I'm assuming you'd like to make some introductory statement before the questioning, right? MR. KIM: I thank you very much for this morning. It's so great to see the young people behind us; new ideas, new energies. And for all those who took part in that program, thank you very much. In regards to this, I think most of you know Mr. Takemoto. He's been with me since the Year 2000, first as Deputy Director with the Planning Department, which was his first, I understand, government job. After that, I stole him and brought him up to the Mayor's Office, and now he's before you to be asked to be confirmed as Managing Director. I think a lot of his work you may know, but I think some of you may not know that he was not just involved, that he was the driver behind it. Take a couple of examples and look back. It was like—we have a lot of compliments now in regards to developing the homeless program. And it is not a shelter. It's a homeless program from A to Z. It's going to be 24-hour staffed. And everyone who was involved in it knows that it was Roy who spearheaded the whole thing. In regards to we're proud of it, all the monies will come from the State `Ohana Fund. And the Kona one, it will be, hopefully, permitted next year. That was delayed a bit only because the land was not ours, and we had to go through the whole process of getting the land from the State and with that the EIS (Environmental Impact Statement)—all those things that we didn't have to do for the Hilo program. Taking other specifics like the community development plan. It was Roy that initiated that in regards to making it an ordinance because, back in the early 2000s, I asked him why would this be different from any other plan that would just be made and put on a shelf somewhere. This was a plan to get the community involved in their government. It was his idea to present it to you, the Council, to make it by ordinance so it would have a lot of weight behind it. Other things, the specifics that I think all of us know about, like the roadways and highways in Kona, what it was like. And I think those of you who know how valuable one highway was, is, rather, the Ane Keohokalole Highway, all of that, anyone who is involved in that knows that it was Mr. Takemoto that brought that up. Brought it in regards to the change of the whole master plan of the highways in West Hawaii. And in regards to, did all the preliminary work with the CDP (Community Development Plan) Committee in Kona to get it shovel-ready when the money was available by the Federal government. Page 5 Hawaii County Council-27 December 4,2019 I could go on and on, literally, but I think most of you know his work. It was an automatic thing to me when I needed help badly in regards to the leaving of the previous Managing Director, and I asked Roy to step in if he would take it—and he has. I presented to him with the high hopes of confirmation, and I think his work speaks for itself. So, thank you very much for your consideration. CHR. CHUNG: Thank you, Mayor. Roy, you want to say any words? MR. TAKEMOTO: Just briefly. I want to thank Harry, I think, for the opportunity. But working for Harry is actually pretty simple because all he asks is that you just do what is right and take a cold shower in the morning to raise your spirits. But I totally believe in the principles and values of Harry, which is why the time I've served in public service is only under Harry—the eight years previously and three years now. Otherwise, I've been in the private sector. And being in the private sector, I have been on both sides of the fence. So, I hope that whatever I do is based on values but also based on pragmatism to get things done in a good, right way. And I thank those behind me for their support, literally. The Mayor's Office, the Cabinet, and my wife and family who's sitting behind me. And I just ask for your trust and confidence, and I hope to earn it with not just words but by performance. Thank you. CHR. CHUNG: Thank you. Okay, before I call on any members of the Council, let me just make one comment because I hear it all the time from the Administration—they're always tasked by Harry to do what's right. But I've got to—this might come as a surprise to you guys but we all want to do what's right too, each and every one of us, even if we might have nine different views of what's right. But I want you to really understand that, okay, because it's not monopolized by the Administration. We want to do the same thing too. Okay, Ms. Poindexter. MS. POINDEXTER: Yeah, and I want to first start off by saying, and I've always told you this, Roy. I am always and will forever be grateful for you spending time. My dad was the president of Hamakua housing at the time. We were going through a really rough time in Hamakua, and you were there to help us. And that I will be forever grateful for. So, what I'm about to say and where I stand has nothing to do with that because I am forever grateful for that. But I need to state what I'm concerned about in this position that you're being appointed to. For me, this position is a position that can bring the community ties together and making sure that, first of all, first and foremost, is our community development plans, which you were very involved with. Page 6 Hawaii County Council-27 December 4,2019 So, I'll tell you where my great disappointment was. Several months ago when we met and we recently accepted the Hamakua Community Development Plan and we now have the action committee in place, and it was real disturbing for me that Administration was looking to support a huge development in an area that the community fought to keep in ag (agricultural) land even before I was on the Council. And the community development plan clearly stated that. And so, to hear that Administration wanted to challenge the community and change that and I wanted to do a community meeting, and Administration canceled the meeting on me. And the community is still disappointed that we're not meeting, and we don't know what's going to happen. And in this position, that's where my concern is, yeah. So, I came to this meeting. And when I first heard he was appointing, my vote is "no." And right now, my vote is still "no." Okay? But I want to listen to the rest of my colleagues, and I want to listen to you. And I'm hoping that you can change my mind because you didn't call or talk about, "Hey, I'm going to be in this position. Val, several months ago, we had this big meeting and you remember what it was." And it's very disturbing to the community. I haven't met with you yet on that and still to see if we're going to meet with the CDP Action Committee first and community, where you're going with this. You know how important that is to me, the CDP. And some people say, "Hey, it doesn't hold any water. We just got money for it, so we had to do it and we had to make this happen." But what the action committee and the CDP does, I mean, some of the Planning Department people, I've heard from community members that they were told, "Well, no, it's just, you know, it had to be done. We got money for it." So, it's taken lightly. I'm really concerned, and you're in a position where you're like the person that I would be voting for as Mayor. Right? So, the question today is, you're running for Mayor right now—'cause whenever Mayor Kim is out of town, he's the Mayor, right? Would I vote for you as a mayor, and could I trust that the community's voices, and through our CDP especially, would that be honored? So right now, my vote is "no." I want to hear, and I'm hoping you can change my mind by the time we call for the vote. So again, that doesn't take away from all my respect and the gratefulness that we feel in Hamakua for you coming to assist, too, in recovery. But now, we've moved into where you worked on the CDPs. You said, "Hey, community, this is your voice. This is your place. Let us work at developing it together." I saw that kind of fall off the wagon for a little bit. So, I'll yield at this time, and I want to hear from my colleagues. Thank you. CHR. CHUNG: Okay. Anyone else? Ms. Eoff. Okay, Ms. David. MS. EOFF: Or Page 7 Hawaii County Council-27 December 4,2019 CHR. CHUNG: Ms. Eoff MS. EOFF: I kind of wanted to hear Mr. Takemoto respond. But if you want the Council Members to talk first, that's okay. CHR. CHUNG: I was thinking maybe you guys could all make comments and then Roy can make a closing comment later. MS. EOFF: Okay. And I truly hope there is a good explanation. CHR. CHUNG: You know what? Maybe you'd better explain, then. MR. TAKEMOTO: Okay. The project that Councilman Poindexter is referring to is in Papaikou. It's currently General Plan Urban Expansion but zoned Agriculture. It's right next to a wastewater treatment plant—right next. The project originally was proposed as a massive 200-unit project that stretched right across the entire parcel. This is makai of the highway. All through—working on the Hamakua Community Development Plan, we became aware of this project and the proposal and talked to the developer to see if he could change the concept to be more open, to preserve as much of the ag lands as possible; cluster the residential portion into an area and experiment. We wanted to explore concepts such as pocket neighborhoods, to do other types of concepts that are only now terms are being put to those ideas. One of those is agrarian urbanism, how you can combine an agricultural community into a rural higher-density community but clustered in a way that engenders community interaction. These new ideas are not something that the community is aware of or exposed to. So, naturally, all they think about is development and conjures up images in their own minds without having awareness of these new ideas because these new ideas don't exist in Hawaii. And that's why we wanted to find a developer who was willing to work with the community to try and see if these types of ideas could work. We did almost the same kind of thing in Kohanaiki in Kona in our previous Administration, where there was a lot of community resistance to a project along the coastline. And that one, we worked with the community, worked with the developer, and the result today is the Kohanaiki parka County park that the whole community enjoys. And it's a very good relationship with that development. That's what we wanted to try and translate to Papaikou. As far as how it interfaces with the Community Development Plan Action Committee and the Planning Department, that was always the intent, to work with the community, not work against the community. But how we unravel and roll out these ideas, it takes a lot of thinking and sensitivity in figuring that out. And the reason why we canceled the meeting that was planned in August was because Page 8 Hawaii County Council-27 December 4,2019 Mauna Kea was just going hot and heavy right at that time. It was not the time to introduce a new conflict to this community. And when it's ready, we intend to work with Councilman Poindexter and the community and the Planning Department in planning another outreach to explore these types of ideas for this particular development. CHR. CHUNG: Okay, well, let me just make a comment too. I think that's a perfectly sensible explanation. I think the only thing that you might have to work with Ms. Poindexter—'cause she's trying to find a way to support your nomination—is that maybe an explanation should have been given to her. Right? `Cause, it's a totally understandable explanation, right? MS. POINDEXTER: Chair, I just want to say that in the development plan, there are areas of growth which is identified. Our development plan is excellent. So, you can have those growths. We do have those areas in ag places. So, we need to sit and meet. And the most disappointing thing is that we're letting this sit on the shelf, and the community is real upset right now. Because when they first heard it and we called for the meeting and then said "no,"then now they're thinking that Administration is up to something now that is going to try and manipulate a situation. So, sensitivity, when you talk about the sensitivity, we've got to jump on it right away so that we don't have a forest fire. When you have a little fire, we need to go put it out, and that's meeting with the community at first. So, anyway, I'll keep listening. Thank you. CHR. CHUNG: Really, I guess it's all about communication, right? So, Ms. Eoff. MS. EOFF: I was just going to say that communication's always the key. But I wanted to say that I met Roy when I was working for Angel back in 2004. And it's true, he did champion the idea of community development plans. He and, I think, Nancy Pisicchio came and spoke to Councilman Pilago, who was the Chair of the Planning Commission, numerous times. So, I learned who he was, and I really do respect Mr. Takemoto. He's kind and intelligent and I believe sensitive, and wants the best for our communities and believes in community-based planning. I think that was why he took that on or brought that to the County of Hawaii. And it did take a lot of work at the beginning. And we did adopt the Kona Community Development Plan in that term, I think, after a lot of work. So, I would trust that you can open back up the lines of communication with the community that feels uncomfortable whether you would honor the plan in Hamakua. But, yeah, I think that could be accomplished. I would trust that you would take some time. And I understand that with what happened to distract the Administration is something that we didn't expect. So, yeah, I knew all about Page 9 Hawaii County Council-27 December 4,2019 your Planning background and about your working in Administration prior and current, but I didn't really realize you had a degree in philosophy and environmental science. So, that's good to learn. I appreciate the level of work that you bring to the Administration. So, thank you for agreeing to take on this role of Managing Director. I'll be supporting you. CHR. CHUNG: Ms. David. MS. DAVID: Thank you, Chair Chung. Aloha, Mr. Takemoto. Aloha, Mayor. I have to reflect on my personal experiences with you, Roy, and that goes back to when I also worked for Council Member Angel Pilago when he was Planning Chair on the Council. I was his Leg. (Legislative) Assistant. And I remember very well your involvement in something that was very new, an idea, that affected all of the people, especially in Kona, was preparing and discussing the prospects of a community development plan. Those were years of community involvement, and that's where I first met you. I believe your heart is with the community because I know we've dealt with you a lot in Mr. Pilago's role as Planning Chair. And so, what I see is your ability to solve conflicts. There's no doubt I appreciate the experiences that Ms. Poindexter had, but I think for us who sit on this Council, we need to base our decisions on our personal knowledge and experience if we know the person. And for me, one thing comes to mind when I think of you and the years from 2004 till now in various roles that we've played. I've always respected you. And you remind me of someone—your work ethic reminds me of an old saying: "You're quiet but effective." And I really believe that describes you, in my mind. And so, I have no problem supporting your nomination because I personally feel that you are the best for the job, and you can do a good job. You're open, and that's a good thing. Okay. So, I am supporting you, and I congratulate you. Thank you. CHR. CHUNG: Matt. MR. KANEALI`I-KLEINFELDER: Good morning, guys. I was going to try and say something wonderful but then Maile just took that one. That was good. She's very right. And so far, in all of my dealings with you, you are very quiet. And even in some of the most difficult community meetings that I've been in with you, you have somehow managed to guide the conversation and always keep it on track. And that's not easy to do, especially coming from some of the meetings that we have in connectivity and other areas. Those meetings can be very out of hand very fast. So, I really appreciate that about you. You've also come to me with some solutions in places where I have had no one come to me with solutions yet. And I appreciate that as well. Page 10 Hawaii County Council-27 December 4,2019 As far as your appointment to the Managing Director position, I am not quite sure what to expect out of you. I know I had some good back and forth with Wil Okabe. And I would hope that you would give me your cellphone number in case I do need to reach you `cause it's not always easy to get access into the Mayor's Office. But you would be kind of our go-to person. And I would hope that, although you are an employee of the Mayor in a sense, that you also have your own opinions on how things should happen and that you and Harry can come to joint decisions that benefit the County as a whole and that work with the overall ideals that are being held by the people of the island. That would be my ultimate dream. If I can ask, who is your wife? MR. TAKEMOTO: Joan, sitting right there with the lei. MR. KANEALI`I-KLEINFELDER: Okay, I thought so. I wasn't sure. Hi, nice to see you. I think I've met you before. You look familiar. Well, I'm interested to see what happens from here. I haven't had any negative experiences with you. So, I'll be voting "yes" today, but I do hope that we make some good progress. I look forward to working with you in this aspect. Thank you. CHR. CHUNG: Mr. Richards. MR. RICHARDS: Thank you, Chair. And thanks, Roy. Thanks, Mayor, for bringing Roy forward. I want to start out by echoing a little bit of concerns that Val said coming forward, and what we're talking about is selecting our potential Mayor and Mayor replacement. And also echoing something that Maile said concerning "very quiet." Quiet but effective. And for the young people on the Council that don't know where that came from. MS. LEE LOY: Governor Ariyoshi. MR. RICHARDS: Yes, Governor Ariyoshi. That being said, Roy, we're facing some real tough challenges here. And when we make a selection, it's my belief that we have to think about worst-case scenario and what could happen, and we're facing some real big challenges right now. We have the worst health as far as countywide basis, compared to the rest of the counties. We have our poorest counties. We've got economy problems. Yesterday, we heard that we lost probably 800 million, a tenth of our GDP (Gross Domestic Product) for our economy last year because of the volcano and all that. So, we've got some real tough decisions. We have a problem up on the mountain, and we're facing that. And I struggle with believing that we're going to have Page 11 Hawaii County Council-27 December 4,2019 strong leadership, worst-case scenario. And, Harry, this is not—we have to think worst-case scenario. And so, I worry about that. But then, comments have been made about communication. And I agree that with communication, we can start working through the problems. And you do have a very calming effect on a group. I've seen that. And I have to tell you, the concerns when I knew this nomination was coming forward, on Monday we were at a joint meeting. And I have to say, Roy, that you knocked that one out of the ballpark as far as how you conducted the meeting. And I knew we were coming in for this hearing. I thought you handled it extremely well. I had to do trails in Waimea. I know that's a project that, I think, started with you almost 20 years ago, back during Harry's first Administration. But I thought you handled that extremely well, seeking a solution. And I do appreciate the fact that my interactions with you have been solution oriented, not beating up the past, but looking to the future. That's what we're going to have to have. I am concerned about handling some of these real tough issues, and that's what I struggle with. But then, yesterday when we were having the update on the lava relief, I almost laughed out loud because you were handling that so beautifully. You just brought up and "I'm not going to answer that—he is." And "I'm not going to answer that—she is." And so, you were conducting that as I would expect a good leader and administrator to do. I was on the fence as far as your nomination, and I'm concerned about going forward. I do want to hear some thoughts about some of these tough strategies facing our economy, dealing with the challenge on Mauna Kea, facing some of the development issues, facing our affordable housing issue. We've got a lot of problems ahead of us, and we're going to need to be able to solve these things, one at a time. So, like I said, I was on the fence. I was quite impressed with what you did Monday and then yesterday as well. So, I am leaning towards supporting you because of what I saw most recently. All my interactions with you have been very positive, but it appears to me that you are rising to the occasion. But I want to hear some of the talk story on that. So, Chair, I'm going to yield at this point. CHR. CHUNG: Ms. Villegas. MS. VILLEGAS: Thank you, Chair Chung. Thanks for being here today, Roy, and enduring this very public conversation about not only your past history of involvement with the County, but kind of everyone's. Being new to this position myself, I can speak from my experience in working with you when we were talking about Kahalu`u, doing a sewer improvement, you know, trying to deal with some of the cesspool issues. And I found you to be incredibly insightful, very specific. I also really appreciate your progressive leadership and looking to new technologies and ways to doing things. And that's what I'm really hopeful for in Page 12 Hawaii County Council-27 December 4,2019 this role for you is, you know, we're facing a lot of challenges. And a lot of those challenges are because we're a little behind the times. Some of that is because of prior decisions. Some of that is just because of our geographic, the nature of where we are. And some of it I'm very grateful for because we have the opportunity as a community to look at how other communities have made decisions and what other municipalities are doing, and look at the templates that are successful and implement them here. So, for myself personally, working with you I found you to be professional, and while some say quiet, I myself tend to be a little bit loud. So, I have a distinct appreciation for somebody who—you're a listener and you really listened when we sat in those meetings. And what you came back with was far and away and above and beyond what I would've thought could have been produced, and it really blew my mind as far as options for solutions. And for that, I'm very grateful. And I'm very hopeful that, if this body decides to votemyself, I will be supporting your nominationI think that you'll be an incredible asset to Mayor Kim and incredibly insightful in pointing out new opportunities and ways for our County to step into the future and take some risks in changing the way that we have done things in order to step into a new era of more progressive decision making. So, I thank you for your—and beyond that,just to get pulled from another position and put into this position, that takes a lot of openness, flexibility, and resilience for change. And that's obviously been part of your role with the County and especially going through all the volcano and recovery circumstances. So, thank you for your willingness to be that flexible and to serve where you are being asked and being pointed to as an area of need. That's not easy. So, thank you for that. CHR. CHUNG: Ms. Lee Loy. MS. LEE LOY: Thank you, Chair Chung. Good morning, Mayor Harry. For me, Roy and I go way back, and we often joke that to get into this role in government, you had to have worked for PBR Hawaii, which was the mothership. And if you didn't work for PBR Hawaii, you worked for Carlsmith Ball. So, with that, I really come from a space of being a good friend. We've watched this Administration go through a lot of transition. And so, I'm actually on the fence because something that Tim touched upon, which is these challenging roles. And so, I'm going to just dive in `cause that's what I do. Roy, I need to hear from you. What kind of role do you see the Council in partnership with you? We're going into the legislative session come January. We know the challenges that we have regarding Lane and lava and housing. Tell us. Page 13 Hawaii County Council-27 December 4,2019 Open up that line of communication right now, Roy. Set a goal for us on how we can communicate better, work together with the Administration, leverage this body and the networks that we have. Please, Roy. Give us something to chew on. CHR. CHUNG: Do you want to think about that for a little while, while I call on somebody else? Okay, go ahead. MR. TAKEMOTO: In previous roles that I've had, the lines of communication had not been formally defined with the Council. And the opportunities I've had to interact with you have been mainly in working sessions. I realize that the role of the Managing Director is a totally different role from what I've been in the past. And part of that realization is the need to identify all the lines of partnerships that are out there, and how to leverage those different assets in the best way. So, it's not just the Council I'm thinking of. It's the Legislature. It's the business community. It's the environmentalist. It's nonprofits. And how to most effectively create these lines of communication, that is something that I think we both need to kind of talk through and evolve. But I feel totally comfortable interacting with each of you individually and collectively. Openness is my policy. Whatever criticisms, suggestions, great ideas you have, I am very open to listen, but not just to accept critically. When I listen, I need to have it make sense to me; integrate it into the knowledge that I best have at the moment but also the knowledge that I hope to fill in with research and talking with other people. I must say that even with people that I personally feel uncomfortable with, like there's some personalities up at the Legislature that I may have a hard time, even that, I think, there's a professional kind of relationship that you need to establish. So, it's looking to what the big picture is and not letting ego and discomforts get in the way. It's always what is the end that you're trying to get, the good for the community, and squelching whatever discomforts or past bad feelings or whatever, you know, put all of that behind for the good of what you're working for. So, that's not a definitive answer, but I think the bottom line is that this is something that we should work to establish together. MS. LEE LOY: Roy, thank you for that. It's that characteristic trait that we want to see so that we can build that confidence. Like I said, Roy, I've known you a long time. We've heard "quiet but effective," "a great listener." All of those skillsets are there. That's just part of your DNA (Deoxyribonucleic Acid). And something that this body has touched upon and something I have always come to rely on is your calming and leveling influence to listen, seek solutions, and collectively bring that together. And that's the kind of leadership we need. Page 14 Hawaii County Council-27 December 4,2019 We are facing very tough times, Roy. It's no secret. We have far too many reports about poverty, people living from paycheck to paycheck, challenges, divisiveness. We need somebody who can collectively bring those strong minds together and lift up our community. I'm going to take a huge leap of faith, Roy, `cause I believe in you. As a friend, I'm concerned. It's been tough. This Administration has been tough. It's no secret. People have left for all kinds of reasons. I'm concerned about that, but I'm going to believe in you. If you tell me you can do it, you can do it. I believe in that. So with that, Chair, I'm going to yield. CHR. CHUNG: Okay. Ashley. MS. KIERKIEWICZ: Thank you, Chair. Good morning, Mayor. Aloha, Roy. You are extremely dedicated to this County. I'll never forget. I texted you on a weekend. It was a Sunday, and I had a question about vacation rentals, and you were like, "Okay, I'll call you right after I'm pau tai chi." You were working 24/7, 365. I think I got an email over the Thanksgiving holiday from you updating basecamp regarding Puna connectivity. You were constantly working on behalf of Hawaii County, and I'm so grateful. You clearly thrive in uncomfortable situations. We've been in a lot of work settings together where we talk very heatedly as a group about recovery, but you always bring everybody back to the table and find a way to really strike a compromise, which I really appreciate. I, too, share some of the concerns of my colleagues. I'm going to be supporting you, by the way, but I need to hear it from you because this is a really big role. You are going to be leading Hawaii County should anything happen to the Mayor. So, I have to ask, if we confirm you and something happens to the Mayor, are you ready to step up and lead our County and this island? There are enormous challenges that we face now and in the future. So, I want to just make sure and hear it from you that you are up to the task. MR. TAKEMOTO: Stepping up, I guess, is the best description. I have never been one to put myself up there, but given when everybody steps back, I don't step back. I accept the role. It is something that I cannot say that I can do as well as Harry or other mayors, but putting myself into that role is something that anyone will know that it will be hundred percent. It will be based on values and principles. It will be relying on the people who I can trust, who have better knowledge than I have, in decisions that have to be made. But it's being able to appreciate and recognize those around me who can help; that I'm not standing there alone, that we all basically have the same goals to make things better. Conflict is actually good in a lot of ways `cause that's how we can move forward. We identify what the issues are. We try to find commonality, and we go forward. Page 15 Hawaii County Council-27 December 4,2019 Without conflict, I think we can get a little lackadaisical, too comfortable in not paying attention to things that require some changes. I am not one to act and react just based on emotion. I need facts. I need input. So, when tough decisions need to be made, that is my process. In certain occasions, quick decisions do need to be made, and that will be made on gut feelings on what is best and that people will need to trust who I am as my character and my value sets. So, being quiet, a lot of people may not know my character. So, I know that will need to come out more and more. But I hope that the more interactions I have, people will come around to trust. If I'm in that position where, God forbid, something should happen and I need to step up, then I hope to earn the trust of the public, the community, you folks, that what I just said in terms of my process and how I go forward and the people I rely on and it's just not me, that that is the way that this County will persist and thrive and hopefully go forward in the future with pride and confidence that things will be better. So, hope is the future for me. MS. KIERKIEWICZ: So, yes? MR. TAKEMOTO: Yes. MS. KIERKIEWICZ: Okay. I just needed to get a"yes." That was a very beautiful way to say yes. Thank you for taking us through your thought process. You're very level headed, and I appreciate your perspective. Touching upon something Council Member Lee Loy brought up, the legislative session, it's about to begin. I haven't received anything from the Administration in terms of what our package looks like. Mayor and I attended a housing summit that was hosted by Senator Brian Schatz. We've worked with Corporation Counsel to potentially make a change to the 201H statute (Hawai`i Revised Statutes), but I'm wondering what are some other things that the Administration is hoping to get from the legislative session. It's a supplemental year. Their themes are affordable housing and homelessness. Councilwoman Lee Loy and I, as the Chair and Vice Chair of GREDC (Governmental Relations and Economic Development Committee), we're one of the principal advocates from the Council. So, I'm hoping that we can work very quickly over the December holiday to figure out what that package looks like and that we have very definitive answers for our friends at the Leg. (Legislature)who are very curious about how we plan to spend the 60 million that we worked really hard to bring home. So, leverage us, please. MR. TAKEMOTO: We have a meeting coming up among key Cabinet members to talk about the legislative proposals that we would like to consider. So, it's forthcoming. But the themes of affordable housing and homelessness, those are two areas that I've been intensively involved. So, I will gladly work with you folks to develop ideas along those lines. Page 16 Hawaii County Council-27 December 4,2019 MS. KIERKIEWICZ: Roy, it's your year to shine. That's what the Legislature's focusing on next year. So, let's make sure we've got innovative ideas. We put them out there. The Leg. presented, or they passed a bill, $587 million in 2018 geared towards affordable housing and homelessness. So, I want to make sure our County has answers for how we are going to spend down our portion of that. I have a lot of trust and faith in you and your abilities. Every time that I've had constituents with issues, I'd say, "Okay, let me call Roy." Or I'd say, "You call Roy," and they'll call me back and say, "Hey, it's been resolved." I really appreciate your effectiveness and think that you're going to be able to bring that to this new role. I'll be supporting your nomination. Thank you, Chair, I yield. CHR. CHUNG: Thank you. Matt. MR. KANEALI`I-KLEINFELDER: We talked about communication. We talked about silos. And a couple of weeks ago, I had a thought on how to start breaking that, and I'm going to give this a shot. We're going to do a communication update request, although we've had a lot of them lately and it takes up a large part of our day. But I want to, via a piece of paperwork in legislation, ask, and while I have you both here, ask you both or one of you, maybe it's just Roy, maybe it's just Harry, to come and just give us a brief update on what's happening in either a Committee or a Council meeting, and just pick a time going forward once a month where you come in and you just give us a quick update. That helps us all start talking, which we seem to have many issues about, and it just gives us a space, too, to have a quick discussion. It doesn't have to be a two- hour discussion,just a quick discussion of what's happening, updates. And it lets you do that. And the public can see it, and we can hear it and ask quick questions. And I think that'll be a good start. So, I'll be putting that out within the next couple of weeks. And I know the process; it may be a month before we see it. But we'll try and do a monthly communication update from you guys to us to get that communication rolling, walking to the new year. Of course, I'll be asking that the Council be open to that. But, either way, I'm going to put it out there, but I hope for a monthly update from you guys. If you're open to that, then please use that space to translate what you need to the Council so that we can start getting along the same line. Thank you. CHR. CHUNG: Val. MS. POINDEXTER: Yes. So, I'm listening to all of this, and I'm reflecting back to what would my dad say, right? `Cause, if you talk about taking criticism, I mean, I'm kind of likea lot of people say, "You're your father's daughter." Sometimes with the sailor mouth and all of that. You know dad well, right? You've worked with him before he passed. It must have not been easy because I Page 17 Hawaii County Council-27 December 4,2019 hear you talk about being very open to listen and taking criticism. So, I can only imagine your conversations with him `cause he fought hard for the community. It was always about the people that were falling through the cracks and their voices not being heard, and making sure that their needs and their voices were heard, yeah. And you were part of that. I just felt that you had, like I said, fallen off the wagon for a little bit, in my personal opinion. And you talked about Mauna Kea coming up now, but I'm hoping that you can kind of refocus now and help me put out that forest fire. You talk about personalities you feel uncomfortable with. I hope I'm not one of those personalities. Maybe my dad was too. I don't know. But then you rise above that, right? And you work with them and then you build good relationships. So, I know that. Hearing my colleagues ask you questions and talking about the calming. You know when Council Member Eoff and Council Member David speak, it's from years of experience, right? So, I've got to take a lot of things they say to heart too. And I'm saying, "What would my father say?" Give Roy a shot, you know, he did. We didn't know you from Adam when you came to our community. Yeah? You were this quiet guy too. I always saw you as a quiet guy, but I don't know what your conversations were like with my dad `cause he was real fiery. So, how you dealt with him, that's great because you saw how fiery I got, too, in our private conversations and you remained calm. I mean, I was like, I thought you were going to throw water at me or something. So, I'm going to throw it all out there, like, hearing from my colleagues. And I want to—this Council is one. So, I want to make sure that if you have all of our support, and I would turn to my colleagues, too, if I feel that I may need some help in areas in how to handle you maybe. Maile, what did you go through all of those years ago working with Angel and Karen, and how did you deal with the whole Kohanaiki thing? So, I'm going to trust in, and not only both of them but all of my colleagues, hearing their concerns and how you replied to them. And I'm going to trust you, Roy. I feel like even crying now `cause I know how much you did when weI cannot say we "recovered" in Hamakua. We're still feeling some of the effects, yet, of it and still building. But you did a lot for us, and I'm going to trust that that can continue as well. So, thank you. Thank you for taking the criticism like you said you do, and I appreciate that. Thank you. CHR. CHUNG: Thank you. Okay, it looks like this is going to be unanimous, then. Very good. Tim. MR. RICHARDS: Yeah, thanks, Chair. CHR. CHUNG: I mean, you're not a unanimous type. Page 18 Hawaii County Council-27 December 4,2019 MR. RICHARDS: That's a good way to start. Roy, we've heard the conversation from the Council and the concerns. I know Aaron's going to bring it home here. You think you started out by saying something that we all want a solution in the end, and the Chair said we all can have nine different opinions, but ultimately, the one opinion we all do share is that we want a successful County and a successful community. And how we get there is when we start having our disagreements. And like I said, my concern is the economy. My concern is the conflict we have in our community today and dealing with that. But that being said, some of the most mayoral presentations I saw of you was in the last two days, and I don't think that was staged or rehearsed. It's just you made the comment, "rising to the occasion." And I'm concerned. Affordable housing, if we don't do something quick—we need at least 20,000 units in the next seven years, at least. And you've heard some of the Council Members echo that: My concern is for our economy; my concern is for the conflict we have. If we don't resolve those things—and resolution doesn't mean everybody is going to agree, but resolution means we all have a focus on the future. And so, that's where I'm coming from. And like I said, I do agree with my Council Members here. Like I said, I'm on the fence, but I like what I'm hearing and I like the honesty that you are displaying. And so, yes, Chair, I will be supporting this nomination. And I do appreciate the conversations, Roy, and I hope we have some very frank conversations going forward. Chair, I yield. CHR. CHUNG: All right. Anyone else? Okay, Joe, if you can come up here because we—this is just some real preliminary matters. I've just got to make sure that we're in compliance with the County Charter. And maybe Mayor can explain. Because, there is a requirement that the Managing Director have five years of either administrative or executive experience, right? I know in the past there have been some discussions, primarily when Chris Yuen came up a long time ago, right? There were some questions as to his executive experience, but that was satisfied by his time with the Land Board. Bobby Jean Leithead-Todd for environmental management, you know, whether her nomination was in compliance. I believe that he has the experience. But just as a preliminary matter, if you can just state that for the record so that we can move on. I know he spent some time as a deputy with the Planning Department. So, that counts for sure. (Note: At this time, Corporation Counsel Joseph Kamelamela came forward to address the members of the Council.) MR. KAMELAMELA: Right. So, you're not only looking at that, but you look at other things that's kind of related to that because I'm sure that he has been doing supervisory-type roles, too, even as an EA (Executive Assistant). Page 19 Hawaii County Council-27 December 4,2019 CHR. CHUNG: Okay, so he has been in a supervisory role. MR. KAMELAMELA: Right. CHR. CHUNG: Okay, that's all. That's fine. MR. KAMELAMELA: Okay. CHR. CHUNG: I just wanted to make sure that we touched upon that, right? Dot all the "i's." Roy, first of all, I've got to say that your answers were very thoughtful. They were marvelous, in my estimation. They answered all of my questions, but I'm going to ask them again, anyway. Since we're all among philosophers, right—you, Kim too—when the County Charter was changed maybe about 20 years ago to single-member districts, right, you know in the past before that, the County Council really was a broad-brush type of policy making body. But after the single-member districts were approved, then I think each and every one of you will agree the constituents, they don't go to the Administration. They come to us first. They think we are the guys who can troubleshoot everything. And we hate to be passing the buck and saying, "Actually, that's with the Administration. It's with the Mayor." So, we try to bridge the gap between our constituents and the Administration. And we have been very fortunate in that regard because, Harry, you do have a lot of good receptive administrators. But that is the reality of the situation. And now, Roy, you are going to be the guy, yeah, basically. So, if we cannot make headway with some of the administrators, then we've got to go to you. And you did explain your attitudes. And up until this point, you have really been his executive assistant, not ours, right? But you have been responsive. When we worked on, well, I didn't really work with you guys but when I tried to call that meeting on the Farmer's Market, right, you were right there; a very productive meeting. But we need responsiveness from the Administration. I mean, as long as you understand, and that's why I had to start out by making that comment about "to do what's right." You've got to understand that we also want to do what's right. It's not reserved only for the Administration or for Harry. And quite frankly, you have beenI know for a fact that you have been probably Harry's most trusted person for the longest time, notwithstanding any other persons who may have been above you in the administrative order. But I know for a fact that he places not just a lot of trust but probably the most trust in you and your word. But now, it's a different ballgame. You do serve him, but we Page 20 Hawaii County Council-27 December 4,2019 need to be able to have you working with us too, yeah. So, we understand, I mean, you mentioned things that have satisfied Ms. Poindexter, but we've got to have a good working relationship. Philosophically again, in the past the Managing Director wasn't confirmed by the Council. That's just a recent development. And I, quite frankly, think that it shouldn't be confirmed by the Council because you work for the Mayor. We appoint the County Clerk. We don't want the Mayor interfering in that, right? We don't get involved in the appointment of the administrative deputies. But it is what it is, right? Now we are called upon to confirm the nomination of the Managing Director, and so we are able to weigh in in that regard. And I've got to have assurances that you will be able to work very closely with the Council as well. I can see where you'll have your main allegiance to the Mayor. He's the appointing authority. And quite frankly, what worries me about this whole appointment process is that he's the only one who can remove you or other department heads. We're out of the picture already, right? So basically, I mean, all we've got going for us is your good word that you are going to work with us. And that's all we want `cause we want to be able to work together. You mentioned something about personalities at the Legislature, and that's totally honest `cause not everybody is friends with everybody over there, right? But that's where resource utilization is going to come into play. And you talked about it too, utilizing all the resources throughout the community. But we have our own connections at the Legislature. So, if you're getting a hard time, you've just go to say, "Hey, Val, I'm getting a hard time with so and so." Or "Ashley, Sue, I don't want to mention names, but, you know, is giving us a hard time." You know? I mean, we're here to help, that's all. We all want to work together. We've been waiting for this time. But as I've said, I feel good. You really answered the questions well. You were honest. You talked about your shortcomings and how you want to move on. But just know that we're here to help. We all want to do what's right. Before I close, I wanted to actually recognize your predecessor, Wil Okabe. I thought he did a wonderful job. A lot of times, he was at a number of these special events for the Mayor and always made the Administration look good. He never really credited us too much, but that wasn't his job, right? But he always did a good job in that regard. I'm hoping that you can continue that in terms of your public presence because that's so important. Page 21 Hawaii County Council-27 December 4,2019 Whether you like it or not, Roy, you are now one of the main faces of the County, yeah. So, you have to go out there and make your presence known, yeah. You have a real soft-spoken style about you, and that's really good. I mean, I admire that. Just the other day, I gave a presentation to Judge Nakamura. You guys are all familiar with Judge Greg Nakamura, right? Well, whether you guys are or not, he's not a real funny guy, yeah. And so, I prepared a certificate to him, and it was signed by all of the members of the Council. And it was a little bit different. It was the top ten reasons why Judge Greg Nakamura's retirement is a good thing. And then, he always liked the David Letterman top ten list, right? I went down and then kind of near the bottom, I said, "Maybe he should buy volumes of Truly Tasteless Jokes." He doesn't say jokes, right? And maybe for you too, because even David Yamamoto made us laugh a little bit more during his nomination. So, just loosen up a little bit `cause we're all here to help. So, anyway, I'm obviously going to be supporting this nomination. Congratulations to you, Roy. Okay, so we have a motion on the floor. Let's do it by a roll call vote. Vote on Comm. 641: The motion to confirm the appointment of Roy Takemoto (Approved) as Managing Director was carried by the following roll call vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Okay. Let's take a short recess to just congratulate our new Managing Director. Recess: At 10:41 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:52 a.m. CHR. CHUNG: Mr. Clerk, why don't we start with "Order of Resolutions"? MR. HENRICKS: Right at the top? CHR. CHUNG: Yes. Page 22 Hawaii County Council-27 December 4,2019 Res. 383-19: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE STEWARDSHIP GRANT TO NA MAMO O KAWA Approves a grant of$97,315 to Na Mamo O Kawa, a 501(c)(3) nonprofit organization, to protect,preserve, and restore the Kawa properties in Ka`u, pursuant to Section 10-16 of the Hawaii County Charter. Reference: Comm. 582 Intr. by: Ms. David Approve: FC-80 Motion to Approve: Ms. David moved to adopt Res. 383-19 and Finance Committee Report No. 80. Seconded by Ms. Lee Loy. CHR. CHUNG: Ms. David. MS. DAVID: Just that this passed out of Committee with unanimous approval. So, I ask for your continued support. CHR. CHUNG: Okay. Any further discussion? There being none, all those in favor say "aye." Vote on Res. 383-19: The motion to adopt Res. 383-19 and Finance Committee (Adopted) Report No. 80 was carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Villegas, and Chair Chung—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. CHR. CHUNG: Motion carried. Res. 384-19: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE STEWARDSHIP GRANT TO HO`OMALU KA`U Approves a grant of$24,250 to Ho`omalu Ka`u, a 501(c)(3)nonprofit organization, to protect,preserve, and restore the Kahua Olohu, Kaunamano, property in Ka`u, pursuant to Section 10-16 of the Hawaii County Charter. Reference: Comm. 583 Intr. by: Ms. David Approve: FC-81 Page 23 Hawaii County Council-27 December 4,2019 Vote on Res. 384-19: Ms. David moved to adopt Res. 384-19 and Finance (Adopted) Committee Report No. 81. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 385-19: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE STEWARDSHIP GRANT TO KOHANAIKI `OHANA Approves a grant of$21,680 to Kohanaiki `Ohana, a 501(c)(3)nonprofit organization, to protect,preserve, and restore the `O`oma Beach property in North Kona, pursuant to Section 10-16 of the Hawaii County Charter. Reference: Comm. 584 Intr. by: Ms. Eoff Approve: FC-82 Vote on Res. 385-19: Ms. Eoff moved to adopt Res. 385-19 and Finance (Adopted) Committee Report No. 82. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Page 24 Hawaii County Council-27 December 4,2019 Res. 389-19: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE STEWARDSHIP GRANT TO POHAHA I KA LANI Approves a grant of$32,000 to Pohaha I Ka Lani, a 501(c)(3) nonprofit organization, to protect,preserve, and restore the Waipi`o Valley Lookout property in Hamakua, pursuant to Section 10-16 of the Hawaii County Charter. Reference: Comm. 588 Intr. by: Ms. Poindexter Approve: FC-83 Vote on Res. 389-19: Ms. Poindexter moved to adopt Res. 389-19 and Finance (Adopted) Committee Report No. 83. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 400-19: NOMINATES THE NORTH KOHALA ENTERPRISE ZONE FOR RE-DESIGNATION BY THE GOVERNOR Requests the Governor to re-designate the North Kohala Enterprise Zone to allow eligible businesses to receive County and State tax exemptions and reductions to stimulate business and industrial growth. Reference: Comm. 601 Intr. by: Mr. Richards Approve: GREDC-2 Motion to Approve: Mr. Richards moved to adopt Res. 400-19 and Governmental Relations and Economic Development Committee Report No. 2. Seconded by Ms. Lee Loy. CHR. CHUNG: Mr. Richards, any discussion? MR. RICHARDS: We went through this in Committee. I think it's pretty self- explanatory, and I ask for your continued support. CHR. CHUNG: Okay, all those in favor say "aye." Page 25 Hawaii County Council-27 December 4,2019 Vote on Res. 400-19: The motion to adopt Res. 400-19 and Governmental (Adopted) Relations and Economic Development Committee Report No. 2 was carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 401-19: AUTHORIZES THE ACCEPTANCE OF A DONATION OF FUNDS TO BE USED BY THE POLICE DEPARTMENT TOWARDS TRAVEL AND OTHER EXPENSES TO ATTEND THE ADVANCED HOMICIDE/VIOLENT CRIME INVESTIGATOR COURSE Accepts a monetary donation of approximately $2,500 from the International Homicide Investigators Association. Reference: Comm. 602 Intr. by: Ms. David (B/R) Approve: FC-84 Vote on Res. 401-19: Ms. David moved to adopt Res. 401-19 and Finance (Adopted) Committee Report No. 84. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Page 26 Hawaii County Council-27 December 4,2019 Res. 402-19: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE POLICE DEPARTMENT Funds in the amount of$76,444 would be used be used by the Police Department to purchase a shooting simulator for its training program. Reference: Comm. 604 Intr. by: Ms. David (B/R) Approve: FC-85 Vote on Res. 402-19: Ms. David moved to adopt Res. 402-19 and Finance (Adopted) Committee Report No. 85. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Let's take Bill 109 out of order under "Order of the Day." 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 First Reading: November 20, 2019 Motion to Approve: Mr. Richards moved to pass Bill 109 on second and final reading. Seconded by Ms. David. CHR. CHUNG: Any discussion? MR. RICHARDS: Yeah, we have Bill Kucharski here, and he's been very supportive of this. We've worked together and just asking for continued support. Page 27 Hawaii County Council-27 December 4,2019 CHR. CHUNG: Okay. All those in favor, say "aye." Vote on Bill 109: The motion to pass Bill 109 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Thanks, Bill. Res. 408-19: 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 FRIENDS OF NELHA FOR REIMBURSEMENT OF EXPENSES RELATED TO THE 10TH ANNUAL OCEAN ENERGY AND ECONOMIC DEVELOPMENT SYMPOSIUM AND WORKSHOP Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Research and Development, Energy account. Reference: Comm. 610 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 408-19. Seconded by Ms. David. CHR. CHUNG: Any discussion? MS. VILLEGAS: I would just like to thank everyone for your continued support of this great collaborative symposium between one of the organizations in Japan. It has already taken place. I'm sad I wasn't able to participate, but I know it was a huge success. And having worked with Guy Toyama in my old world, Kona Brew, I really cherish his memory and this legacy that he created. So, thanks for your continued support. CHR. CHUNG: Okay, anyone else? There being none, all those in favor say Ic aye. Page 28 Hawaii County Council-27 December 4,2019 Vote on Res. 408-19: The motion to adopt Res. 408-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 410-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE PAHOA SCHOOLS SUPPORT FOUNDATION TO ENHANCE LEARNING, ENGAGE STUDENTS, AND AID IN STUDENT RETENTION Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 616 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 410-19. Seconded by Mr. Richards. CHR. CHUNG: Discussion? Ms. Kierkiewicz. MS. KIERKIEWICZ: Chair, I just want to share that this is a very innovative CRF (Contingency Relief Fund) that I'll be putting out. It's $5,000 to the Pahoa School Support Foundation who will, in turn, provide mini grants to teachers that teach in schools within Puna. And the whole idea is to enhance and supplement learning experiences. So, I want to thank those who reached out, especially Sheryl Ogawa who teaches in Pahoa, for supporting this measure. Thank you. CHR. CHUNG: Okay, very nice. Okay, all those in favor say "aye." Page 29 Hawaii County Council-27 December 4,2019 Vote on Res. 410-19: The motion to adopt Res. 410-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 411-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HUA O LAHUI FOR ITS QUEEN KAPI`OLANI CANOE REPLICA PROJECT Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 617 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 411-19. Seconded by Mr. Richards. CHR. CHUNG: Ms. Kierkiewicz. MS. KIERKIEWICZ: Chair, I'm honored to join my colleagues in supporting this canoe replica project. It was nice to hear from master canoe carver Uncle Raymond Bumatay himself this morning. And so, thank you to Zak Shimose for coordinating this and really helping this very important cultural tradition thrive and to be showcased on an international platform. CHR. CHUNG: Okay. All those in favor, say "aye." Page 30 Hawaii County Council-27 December 4,2019 Vote on Res. 411-19: The motion to adopt Res. 411-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 412-19: 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 COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR A REIMBURSEMENT OF EXPENSES FOR THE JAPANESE COMMUNITY ASSOCIATION OF HAWAI`I'S 2019 BUNKA NO HI PROGRAM Transfers $1,100 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 618 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 412-19. Seconded by Ms. Kierkiewicz. CHR. CHUNG: Ms. Lee Loy? MS. LEE LOY: No, thank you, Chair. Just asking for my colleagues' support. CHR. CHUNG: All right. All those in favor, say "aye." Vote on Res. 412-19: The motion to adopt Res. 412-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Page 31 Hawaii County Council-27 December 4,2019 CHR. CHUNG: Motion carried. Res. 413-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ALOHA COUNCIL OF THE BOY SCOUTS OF AMERICA TO ASSIST LOW-INCOME FAMILIES ON HAWAII ISLAND WITH SCOUT MEMBERSHIP FEES AND CAMPING EXPENSES Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 619 Intr. by: Ms. Lee Loy Vote on Res. 413-19: Ms. Lee Loy moved to adopt Res. 413-19. Seconded by (Adopted) Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 414-19: 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 FRIENDS OF NELHA FOR REIMBURSEMENT OF EXPENSES FOR ITS 10TH ANNUAL OCEAN ENERGY AND ECONOMIC DEVELOPMENT SYMPOSIUM AND WORKSHOP Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Research and Development, Energy account. Reference: Comm. 620 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to adopt Res. 414-19. Seconded by Ms. David. CHR. CHUNG: Ms. Eoff Page 32 Hawaii County Council-27 December 4,2019 MS. EOFF: Happy to support this. CHR. CHUNG: All right. All those in favor, say "aye." Vote on Res. 414-19: The motion to adopt Res. 414-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 415-19: 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 ISLAND UNITED WAY FOR THE PURCHASE OF MATERIALS AND SUPPLIES FOR ITS COMMUNITY OUTREACH INITIATIVE Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 621 Intr. by: Mr. Chung Vote on Res. 415-19: Ms. David moved to adopt Res. 415-19. Seconded by (Adopted) Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Page 33 Hawaii County Council-27 December 4,2019 Res. 416-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR REIMBURSEMENT OF EXPENSES INCURRED AT THE 2019 HAWAII ISLAND ALL NATIONS POWWOW Transfers $750 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 622 Intr. by: Mr. Richards Motion to Approve: Mr. Richards moved to adopt Res. 416-19. Seconded by Ms. Kierkiewicz. CHR. CHUNG: Mr. Richards. MR. RICHARDS: I just ask for your support. This is an ongoing annual event that I support, and so I just ask for your support. CHR. CHUNG: Okay. All those in favor, say "aye." Vote on Res. 416-19: The motion to adopt Res. 416-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Page 34 Hawaii County Council-27 December 4,2019 Res. 417-19: 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 FRIENDS OF THE LIBRARY OF HAWAII—WAIKOLOA REGION, FOR ITS LITERACY PROJECT Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 623 Intr. by: Mr. Richards Motion to Approve: Mr. Richards moved to adopt Res. 417-19. Seconded by Ms. David. CHR. CHUNG: Mr. Richards. MR. RICHARDS: Yeah,just continued support. This is for a book that has been an ongoing project, and it's a really well-received thing. It's "On the Day You Were Born." It's an initiative that the Waikoloa Library does. So, I ask for your support. CHR. CHUNG: Okay. All those in favor, say "aye." Vote on Res. 417-19: The motion to adopt Res. 417-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Page 35 Hawaii County Council-27 December 4,2019 Res. 418-19: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO GIRLS TO WOMEN MENTORING HAWAII FOR ITS PROGRAM RELATED EXPENSES Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 624 Intr. by: Ms. Kierkiewicz Vote on Res. 418-19: Ms. Kierkiewicz moved to adopt Res. 418-19. Seconded (Adopted) by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 419-19: AUTHORIZES THE ACCEPTANCE OF A DONATION OF FUNDS TO BE USED BY THE HAWAII FIRE DEPARTMENT FOR TUITION, TRAVEL, AND OTHER EXPENSES TO ATTEND THE BELL TRAINING ACADEMY Accepts a monetary donation of approximately $7,650 from the Daniel Sayre Memorial Foundation. Reference: Comm. 628 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 419-19. Seconded by Ms. Kierkiewicz. CHR. CHUNG: Any discussion? MS. DAVID: I just want to say thank you to the Sayre foundation and for all they do. Thank you. CHR. CHUNG: Yeah, they're so awesome. Okay, all those in favor say "aye." Page 36 Hawaii County Council-27 December 4,2019 Vote on Res. 419-19: The motion to adopt Res. 419-19 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Bill 113: 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 —State Homeland Security Program account ($164,500); and appropriates the same to the State Homeland Security Program Fiscal Year 2019 account, bringing the total appropriation to $764,500. Funds would be used to support efforts to prevent,protect and respond to incidents, threats, and hazards within the context of terrorism. Reference: Comm. 603 Intr. by: Ms. David (B/R) Approve: FC-86 Vote on Bill 113: Ms. David moved to pass Bill 113 on first reading and (Approved) adopt Finance Committee Report No. 86. Seconded by Ms. Eoff and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Page 37 Hawaii County Council-27 December 4,2019 Bill 114: 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 —Local Justice Assistance Grant (JAG) Program account ($76,444); and appropriates the same to the Local JAG Program account. Funds would be used by the Police Department to purchase a shooting simulator for its training program. Reference: Comm. 604 Intr. by: Ms. David (B/R) Approve: FC-87 Vote on Bill 114: Ms. David moved to pass Bill 114 on first reading and (Approved) adopt Finance Committee Report No. 87. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Bill 119: AMENDS CHAPTER 25, ARTICLE 5, DIVISION 10, SECTION 25-5-102 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PERMITTED USES IN THE"CN" DISTRICT Addresses a drafting error contained in Ordinance No. 19-100. Reference: Comm. 627 Intr. by: Ms. Kierkiewicz (B/R) Waived: PC Motion to Approve: Ms. Kierkiewicz moved to pass Bill 119 on first reading. Seconded by Mr. Richards. MR. HENRICKS: Just real briefly if I may? CHR. CHUNG: Yes. MR. HENRICKS: This was just a minor housekeeping to make sure that Ordinance 19-100 passes any type of scrutiny. And we conferred, consulted, I should say, with Corporation Counsel. Normally, any bills to amend the Zoning Page 38 Hawaii County Council-27 December 4,2019 Code must go to the Planning Director and Planning Commission, but because the substance of this bill was already viewed by both, Corporation Counsel advised that it wasn't necessary. And as this is a housekeeping matter, it was waived to expeditiously correct this error. So, thank you for that. CHR. CHUNG: Thank you. The record will reflect that. Okay, all those in favor say "aye." Vote on Bill 119: The motion to pass Bill 119 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Bill 122: 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 Fund Balance from Previous Year account ($32,000); and appropriates the same to the Transfer to Capital Projects Fund—Park Dedication account. Funds would be used to stake and adjust an existing easement of Phase 2 of the Waimea Trails and Greenways Project. Reference: Comm. 635 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 122 on first reading. Seconded by Mr. Richards. CHR. CHUNG: Any discussion? MR. RICHARDS: Real quick. MS. DAVID: Yeah. MR. RICHARDS: You go first. Page 39 Hawaii County Council-27 December 4,2019 MS. DAVID: Well, I just want to make a note before I defer to you—this is your district—that the waiver was requested from Finance because there's an urgency to complete the work. And I yield to Mr. Richards. CHR. CHUNG: Okay, Mr. Richards. MR. RICHARDS: Thank you, Chair. This is what I referenced during the hearing for Managing Director. This had been a project in process for almost 20 years, and so we're finally getting it off I think the—either the Planning Department referred to it or Public Works as the "zombie project," meaning it has been in the process for so long that it hasn't gotten traction. Finally, and with our new Planning Director, Roy Takemoto [sic], we're moving this forward now. And this is the funding that's going to help get some of this done. So, we're starting to see light at the end of the tunnel. I ask for your support. CHR. CHUNG: All right. Congratulations, Mr. Richards. All those in favor, say Ic aye. Vote on Bill 122: The motion to pass Bill 122 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung–9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Bill 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 Page 40 Hawaii County Council-27 December 4,2019 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. First Reading: November 20, 2019 Reference: Comm. 545 Intr. by: Ms. Kierkiewicz (B/R) Vote on Bill 111: Ms. Kierkiewicz moved to pass Bill 111 on second and (Adopted) final reading. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. 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) First Reading: November 20, 2019 Page 41 Hawaii County Council-27 December 4,2019 Vote on Bill 116: Ms. David moved to pass Bill 116 on second and final (Adopted) reading. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. 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) First Reading: November 20, 2019 Vote on Bill 117: Ms. David moved to pass Bill 117 on second and final (Adopted) reading. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Page 42 Hawaii County Council-27 December 4,2019 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) First Reading: November 20, 2019 Vote on Bill 118: Ms. David moved to pass Bill 118 on second and final (Adopted) reading. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. You know what? Why don't we go up to the top of the agenda real quickly before we take up Mr. Kamelamela's matter, because I think we should go through that pretty quickly, right? Communication 312.6. Return to Order The Chair directed the Council to return to the order of business. of Business: COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. Comm. 312.6: REPORT OF ATTENDANCE OF COUNCIL MEMBERS DAVID, EOFF, AND VILLEGAS AT THE LAW ENFORCEMENT ASSISTED DIVERSION LAUNCH ON NOVEMBER 14, 2019, PURSUANT TO HAWAII REVISED STATUTES SECTION 92-2.5(e) From Council Member Karen Eoff, dated November 18, 2019. Motion to Close Ms. Eoff moved to close file on Comm. 312.6. Seconded File: by Ms. David. CHR. CHUNG: Any discussion? Page 43 Hawaii County Council-27 December 4,2019 MS. EOFF: No. We just provided this per the Sunshine Law. CHR. CHUNG: All right. Thank you very much. All those in favor, say "aye." Vote on The motion to close file on Comm. 312.6 was carried by Comm. 312.6: the following voice vote: Filed Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung–9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Are we ready to take up Communication 636? Okay. Is that going to take a long time, you think? MS. KIERKIEWICZ: I hope not. CHR. CHUNG: `Cause if not, maybe we can—okay, why don't we take up our "Referrals for Executive Session" since we have our workers here. But, Joe, we don't have to go into an Executive Session, right? MR. KAMELAMELA: (Inaudible.) CHR. CHUNG: Okay. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following item was taken out of order: Comm. 640: IN THE MATTER OF COUNTY OF HAWAII (KAINALIU PARKING LOT COMFORT STATION), HILO, HAWAII 96720, RESPONDENT; PROCEEDINGS UNDER SECTIONS 1423(C) OF THE SAFE DRINKING WATER ACT, 42 U.S.C. SECTION 300H-2(C); DOCKET NO. UIC-09-2020-0001 From Deputy Corporation Counsel Danny Patel, dated November 18, 2019, requesting an attorney-client confidential discussion to consult with the Council regarding a proposed settlement between the United States Environmental Protection Agency and the County regarding the alleged operation of a large- capacity cesspool servicing the Kainaliu Parking Lot Comfort Station. Motion to Close Ms. David moved to close file on Comm. 640. Seconded File: by Mr. Richards. Page 44 Hawaii County Council-27 December 4,2019 (Note: At this time, Corporation Counsel Joseph Kamelamela and Deputy Corporation Counsel Danny Patel came forward to address the members of the Council.) CHR. CHUNG: Is there going to be any recommendation with that or ? No? It's just to consult with us? MR. KAMELAMELA: Yes. CHR. CHUNG: Okay. So, that's fine, right, Mr. Clerk? MR. HENRICKS: It's appropriate. CHR. CHUNG: Okay, we have a motion by Ms. David, seconded by Mr. Richards. We have Mr. Kamelamela and Mr. Patel, as well as David Yamamoto, here to discuss. And by the way, David, what are you here for? I mean, is this—cesspools would ? MR. YAMAMOTO (beaking from the audience): Yeah, Public Works had done the cesspool closures back in 2006. CHR. CHUNG: Oh, okay. Yeah, okay, I was just wondering. All right. Go ahead, Joe. MR. KAMELAMELA: Good morning, Chair and County Council Members. My name is Joseph Kamelamela, Corp. (Corporation) Counsel, and MR. PATEL: Danny Patel, Deputy Corporation Counsel. Good morning. MR. KAMELAMELA: Yeah, so, I just wanted to note that we did submit a letter, an attorney-client communication. And if there's no questions about what we're asking, there is no need to go into Executive Session. MR. RICHARDS: Chair, I've got a question. MR. KAMELAMELA: Okay. CHR. CHUNG: Yeah. Can we ask questions in open session or ? How's about this, let him ask his question and if it's something that necessitates us going into Executive Session, then let us know. MR. KAMELAMELA: Yeah, will do. CHR. CHUNG: Go ahead. Page 45 Hawaii County Council-27 December 4,2019 MR. RICHARDS: Okay. Joe, thanks for bringing forward. The question is, this is a settlement for noncompliance? MR. KAMELAMELA: Correct. MR. RICHARDS: So, how does this affect us with everything else that we're noncompliant with? MR. KAMELAMELA: It's a separate incident. This is just something that we had tried to deal with for quite a long time, I think. I don't know what the timeline was. Was it over five years? MR. YAMAMOTO (beaking from the audience): Well, we weren't aware of this particular MR. HENRICKS: Director Yamamoto, I'm sorry, you're going to have to speak into the microphone so we can capture your sentiments for the record. MR. PATEL: Real briefly, I can just add before I give up the seat to Mr. Yamamoto. This particular matter is specific to the Kainaliu parking lot comfort rest stop. So, the matter, as contained within the background and recommendation report, only applied to that site. And I will yield my chair to Mr. Yamamoto. (Note: At this time, Public Works Director David Yamamoto came forward to address the members of the Council.) MR. YAMAMOTO: Good morning. David Yamamoto, Department of Public Works. Just a brief history. Back in 2006, the Department of Public Works went through the entire island of Hawaii and attempted to identify all the large capacity cesspools. And at that point, we went and closed them all, either connected them to the sewer or installed a septic system or an alternative waste disposal. And this particular cesspool was overlooked, being that at the time that we were evaluating all of the sites that we needed to address, this particular site was closed `cause it was being vandalized. And so, we had assumed that it would not be opened because of the situation that was occurring there. However, in I think about 2008, it was reopened without recognizing that the cesspool had not been converted at the time, and no one was aware that we were operating in noncompliance. Page 46 Hawaii County Council-27 December 4,2019 And when it was brought to our attention by EPA (Environmental Protection Agency), we had responded to their questions and, frankly, was taken somewhat by surprise by when they returned after we responded to their questions and we had explained our plans to close the cesspool, they came back to us with a fine. MR. RICHARDS: Okay, so, on the Big Island, we have most of the cesspools in the State around this island. And we are trying to figure out how we're going to be closing these going forward, which is the right direction. But are we setting ourselves up for agreeing to a settlement? Because, your explanation, David, makes all the sense in the world, and we have estimated somewhere around 50,000 cesspools on this island. I'm a little surprised that EPA would ding us for that `cause this is actually a pretty good explanation. So, I don't want to set ourselves up for more fines `cause we could use those funds to actually close the cesspools. MR. KAMELAMELA: Yeah, and in the past, what we had done was whatever fines there were, we would use it to remedy the situation. This is a little bit different. MR. RICHARDS: Why? MR. KAMELAMELA: I don't know. I think it's a different administration that we're dealing with on a Federal level. But again, what we're focusing on is what the County has in terms of some kind of responsibility to the gang cesspools. As far as the other 50,000, a lot of them are private. MR. RICHARDS: No, I understand that. I don't want to set ourselves up for we're going to have enough trouble closing what we have now. MR. KAMELAMELA: Right. MR. RICHARDS: I'm concerned that agreeing to a settlement sets us up for setting a precedent for agreeing to more settlement, which, again, we can use the funds to close the cesspool. So, I'm bothered by that, and I don't know why it's an issue here. So, I'm going to yield to my colleagues. CHR. CHUNG: Ms. Villegas. MS. VILLEGAS: While the circumstances related to this issue predate my representation of District 7, I have some questions about this because it is currently in my district, and I know there are currently still issues with restrooms in Kainaliu Town. So, I want to be able to ask those questions. I'm leery to require that we go into Executive Session, but I need to be able to ask these questions in order to best serve the community because they're utilizing luas right now that hardly get Page 47 Hawaii County Council-27 December 4,2019 CHR. CHUNG: Well, I don't think it's germane to this specific matter. So, ask away, and maybe Mr. Yamamoto can answer. I don't think it's something that we should go into an Executive Session for. Let the public know. MS. VILLEGAS: Okay. MR. KAMELAMELA: I do agree with the Chair that this situation is different or could be different, `cause I don't know what the question is but Mr. Yamamoto is here to answer. MS. VILLEGAS: So, if we don't ask questions about the specific money probably vested in this as the agreement settlement, then we're safe? MR. KAMELAMELA: Yes. MS. VILLEGAS: Okay. Okay, yes, Mr. Yamamoto, thanks for being here today. So, this was closed and capped off instead of being connected to the sewer lines? MR. YAMAMOTO: Currently, we closed the comfort station and then installed those affordable toilets, yeah. So, in the meantime, we've been designing the replacement of this large capacity cesspool and will be doing the construction here in the next few months to replace the cesspool with a septic system. That's the result. And then the rest stop will be reopened. MS. VILLEGAS: Thank you. That is great news. That was my greatest concern and hope. I've heard from a number of different constituents. They have their Christmas event coming up in the next two weeks, and so they have reached out about concerns for the luas. And so, I'm really heartened to hear. So, we're looking at early 2020, hopefully, to begin construction? MR. YAMAMOTO: Yeah, hopefully in the spring. MS. VILLEGAS: Okay, fantastic. And my other question is, `cause I kind of share Council Member Richards' concern, if nobody knew that this one hadn't been capped off and the EPA came back and now we're seeing this fine, do you think there are more cesspools like this out there that we run the risk? Has this inspired the opportunity to do an inventory of all potential future EPA violations? MR. YAMAMOTO: Yeah, hopefully not. We can go back again and look at all of our facilities, and I would encourage Parks and Rec. (Recreation) to do the same to ensure that all of their facilities that are not on the municipal wastewater system is connected to an acceptable disposable system. MS. VILLEGAS: I would highly encourage that because this is a reasonable amount of money. So, the time that it would take to look through some records Page 48 Hawaii County Council-27 December 4,2019 and ensure that we're not in violation at any of our existing facilities in the future I think would be a great investment in avoiding any future issues like this. So, thanks for your efforts to do that. All right. Aloha, I yield. CHR. CHUNG: Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: David, are we accruing daily fines, or is it just a one shot? MR. YAMAMOTO: Yeah, this is a one shot. They established by renegotiation and came up with this settlement. MR. KANEALI`I-KLEINFELDER: So, now, like—okay. So, there's no increase in fines. That would be our fine, and that's it? MR. YAMAMOTO: They might reopen it if we decide not to. CHR. CHUNG: You see how funny he is? MR. KANEALI`I-KLEINFELDER: I do share Council Member Villegas's opinion that we should definitely be doing inventory across all departments because, if this is the cost of doing the work to fix the problem or paying as a fine, we're just stepping backwards. So, definitely in our best interest. Do we need to talk to other departments, or can they handle it on their own? MR. KAMELAMELA: Oh, no, we can set up something. MR. KANEALI`I-KLEINFELDER: Okay. Thank you. CHR. CHUNG: Okay, Mr. Richards, any more thoughts on this? Okay. So, Mr. Clerk, is there something we have to ? MR. HENRICKS: I think we're missing something. This wasn't purely informational. CHR. CHUNG: Yeah, we have to MR. HENRICKS: At first, I thought that's what was said, but you're asking for the Council to concur with the recommendation. CHR. CHUNG: Right. MR. HENRICKS: Okay, so there's an additional motion to do so. And that can be made now if discussion isor can be made in discussion. Page 49 Hawaii County Council-27 December 4,2019 CHR. CHUNG: Oh, Ms. Lee Loy, did you want to ? MS. LEE LOY: I was going to make the motion. CHR. CHUNG: Okay, please, kind of correct us here and get us back on track. MS. LEE LOY: Sure. Chair, yes, motion to accept the recommendation of Corporation Counsel. CHR. CHUNG: What happened to the other one, the other motion? MR. HENRICKS: It's the underlying—whatever happens after this, we'll vote on that just to clear the agenda. CHR. CHUNG: Okay, all right. So, we have to vote twice, then? MR. HENRICKS: Yes, correct. CHR. CHUNG: Okay. Vote on Motion to Ms. Lee Loy moved to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 640. Seconded by (Approved) Mr. Richards and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung–9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Let's go back to that other motion to close file on Communication 640. All those in favor, say "aye." Vote on Comm. 640: The motion to close file on Comm. 640 was carried by the Filed following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung–9. Noes: None. Absent: None. Excused: None. Page 50 Hawaii County Council-27 December 4,2019 CHR. CHUNG: Motion carried. Thanks you guys. MR. KAMELAMELA: Thank you, guys. MR. HENRICKS: Okay, back to the top, our last item of the day. Return to Order The Chair directed the Council to return to the order of business. of Business: Comm. 636: 2020 HAWAII STATE ASSOCIATION OF COUNTIES' LEGISLATIVE PACKAGE From Council Member Ashley L. Kierkiewicz, dated November 15, 2019. Waived: GREDC (Note: The following items from Council Member Ashley L. Kierkiewicz regarding the 2020 Hawaii State Association of Counties' Legislative Package were circulated: Comm. 636.1 and Comm 636.2, dated November 25, 2019, and December 4, 2019, respectively.) Motion to Close Ms. Kierkiewicz moved to close file on Comm. 636. File: Seconded by Mr. Richards. CHR. CHUNG: Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you, Chair. Ms. Poindexter, HSAC (Hawai`i State Association of Counties) is a whirlwind. I assumed this role in July, and it has been very rewarding to be able to represent this body at the statewide level. Many new faces, part of the executive committee. And so, we worked very quickly, very diligently to put together a legislative package that we all could stand behind unanimously. In my digging into the record of prior executive committees and what their legislative packages looked like, I found that in the past when Fresh was serving on the Council, there would be widespread agreement among everyone to float two to three measures. And so, there were a lot of negotiations and compromise between the executive committee that comprises the current body to winnow down 16 proposals to 8. And the idea was that each County would select two bills for proposal to lift up into this package. Now, in my ongoing conversations with legislative contacts, they thought this was fine. But at the end of the day, we really, as a collective, needed to narrow down what our top two to three priorities would be. And so, the idea is to approve the Page 51 Hawaii County Council-27 December 4,2019 eight measures that have been approved by the executive committee for our package. And in our ongoing dialogue with legislators, figuring out which ones we were going to really spend our time to advocate for, now knowing that the themes for the session are going to be affordable housing and homelessness. So, everybody was provided with a copy of the bill proposals. I can provide a quick overview and let you know which counties have put forth the various bills. And then, I'm going to call on some of my colleagues who are very passionate about some of these proposals to further elaborate. Just very quickly, please refer to Communication No. 636.2. CHR. CHUNG: Point two? MS. KIERKIEWICZ: Point two. As we were reviewing the packet, there was an error in one of the bills. And so, we wanted to make sure that this body was reviewing and approving the correct package. The first one is related to housing development 201H (Hawai`i Revised Statutes), and I thinksorry, go ahead, Chair. CHR. CHUNG: How are we going to do this? Are we going to vote on them individually or en masse? MS. KIERKIEWICZ: No, I would like to make a motion to adopt the 2020 Legislative Package as proposed in this communication. CHR. CHUNG: Okay, very good. All right. MR. HENRICKS: Now would be a good time to do that, actually, if the Chair would recognize that motion. MS. KIERKIEWICZ: Okay, the motion's on the floor, if you could recognize it. CHR. CHUNG: To approve the legislative package, HSAC's Legislative Package as contained in Communication No. 636.2. MS. KIERKIEWICZ: Correct. MR. HENRICKS: Perfect. CHR. CHUNG: Okay. Page 52 Hawaii County Council-27 December 4,2019 Motion to Close Ms. Kierkiewicz moved to close file on Comm. 636.2 and File: approve the 2020 Hawaii State Association of Counties' Legislative Package contained within. Seconded by Mr. Richards. CHR. CHUNG: Go ahead. MS. KIERKIEWICZ: Thank you, Chair. So, the first two bills have come from Hawaii County. The first one came out of discussions with Senator Schatz and leadership across the State around what we could do to spur more affordable housing. And so, my colleague Ms. Eoff actually has a very intimate experience that I've asked her to talk about later. But what this would do is it would make 201H basically concurrent with what is articulated in 205 (Hawai`i Revised Statutes), which has to do with land use district boundary amendments. Anything that is 15 acres or less, the County has the legislative authority to make those amendment decisions itself. Anything over that has to go to the LUC (Land Use Commission). Right now, as it's read in 201H, that is an additional hurdle. The LUC needs to review projects regardless of the sizing. And so, this would provide clarity and also be one less hurdle that developers have to go through in providing affordable housing. Bill No. 2 has to do with the Transient Accommodations Tax, and I'm going to defer to my colleague Mr. Richards to speak on that. He's been in dialogue with legislative counterparts to see what are some wins for the County in terms of getting more of our fair share of the Transient Accommodations Tax and ensuring that we can deal with the overcapacity that we're feeling in many of our public spaces. Bill No. 3 was put forth by the City and County of Honolulu, and it would give counties jurisdiction to regulate tobacco products. And this was really spurred by the vaping epidemic that we are seeing nationwide and even feeling here in the State. And I'm going to defer to Ms. Lee Loy, who mentioned this during our previous discussions about HSAC, to talk a little bit more about it. Bills 4, 5, and 6 have come from Hawaii County, and they're very clever. They're taking advantage of things that are actually on the books and refining them so that there is more equity in how these laws are applied. So, with No. 4, registration of vehicles, anytime someone goes to register their vehicle, if there's an outstanding charge, making sure that it's been resolved. And the idea is to increase the Abandoned Vehicle and Highway Beautification Fund because we are finding statewide that there are many vehicles that are being left on the side of the road. So, we want to make sure that funds are available to deal with those situations. Page 53 Hawaii County Council-27 December 4,2019 No. 5 is very interesting. Right now, all motor vehicles are required to pay, unless you are a rental vehicle, $2 to the Highway Beautification Fund. So, this would actually require cars in the rental car industry to pay $2 just like everybody else here on the dais does when we register a vehicle. Again, that money would be transferred to the Highway Beautification Fund and deal with abandoned vehicles. Number 6, again from Kauai County, they are hearing that they may be able to pass the tort liability that would exempt our lifeguards from civil damages in the event of being out there and saving individuals that are in very risky and dangerous situations while being out in the ocean. Number 7 is being supported by police departments statewide as well as SHOPO (State of Hawaii Organization of Police Officers), and this would lower the blood alcohol concentration thresholds from .08 to .05. And this is a trend that we are seeing take place nationwide. And finally, the last bill from Maui County. Maui County transmitted No. 7 and No. 8. They're relating to cesspools, wanting to extend an incentive, a tax credit for individuals to convert their cesspool systems to septic, and then also eliminating the requirements as to where those conversions can take place so that more people can take advantage, essentially, of this incentive. So, that's a very quick overview. CHR. CHUNG: Do we need anyone else to explain, really? MS. KIERKIEWICZ: I would like Mr. Richards to elaborate on the Transient Accommodations Tax piece. CHR. CHUNG: Well, why don't we have—well, Ms. Eoff first MS. KIERKIEWICZ: And Ms. Eoff, yes. CHR. CHUNG: Then Mr. Richards, then Ms. Lee Loy, and then I think the other ones are all self-explanatory. MS. EOFF: Very quickly. I support this initiative because we found that there was some confusion as to whether certain lands that were developed for affordable housing projects backI think Curt (Curtis) Tyler was the Council Member at the time. So, this was back a ways, and this particular one in my district. Some people felt that the district classification had been changed, the underlying by the measure taken by the County Council to approve the zoning. And so—but there was actually discrepancy as to whether it had or it hadn't. So, Page 54 Hawaii County Council-27 December 4,2019 I think this clears up the fact that the County does have the authority to not only approve the zoning but the district classification when approving affordable housing projects on 15 acres more or less, right? Yeah. I think this is a good thing because it was really frustrating. I read through piles of Council minutes, asked everybody. Everyone had a different answer. Even our own Planning Department was unsure how that happened or that it needed to be cleared up. So, I guess this is what has transpired, which is a great measure. Thank you. CHR. CHUNG: Mr. Richards. MR. RICHARDS: Thank you, Chair. This goes back a long time conversation and getting the funding, as Ashley pointed out. Last year, rough numbers, we collected statewide $600 million in TAT (Transient Accommodations Tax). Currently, as it stands now, the counties get about $103 million distributed to the counties. Big Island's share is somewhere around 19 million and change. I got to thinking about this, and the TAT was put in place back in the `80s as a tourist impact fee back in the, I think it was '86. They collected $65 million, of which 95 percent was distributed to the counties. So, in thinking on that and going forward, we've talked about our Parks and Rec. I was scratching my head on that. I talked to then-deputy Moe Messina, and we were talking about budget. And I said, "What would be game changing for Parks and Rec. for maintenance and repair," and he gave me a number. Parks and Ree's maintenance and repair is about 3 million a year. And he said if he had 100,000, 200,000, that would be really helpful. I said, "What if we doubled your budget?" That's game changing. So, I got to thinking about TAT. And the way this bill is written, it would take the 3.5 percent of the total collection and then distribute that 3.5 percent amongst the counties, as is the 103 million distribution. So, using basically the same formula. And so, long story short, that comes down to about $3 million more for our County of Hawaii, which would double our Parks and Rec. maintenance and then the funding would be prorated across the State for the different counties. We get, like I said, about 19 percent of the TAT distribution of 103 million. Oahu gets 44. I think Maui is 21 or 22, Kauai is 17 or 18. So, the idea is to use the same formula, and collectively, we get about an extra $20 million, specifically targeted to our Parks and Rec. maintenance and repair. And the idea with that is that it is, in my opinion, a reasonable and modest ask with a very specific target of where that money is going to be spent, which is for our constituency, our people, but also to help mitigate the tourism impact. CHR. CHUNG: Ms. Lee Loy. Page 55 Hawaii County Council-27 December 4,2019 MS. LEE LOY: Thank you, Chair. First of all, thank you, Ms. Kierkiewicz and Ms. Poindexter, for putting this package together. I've always advocated for its when we go to the Legislature, we shouldn't only be asking for money. We should look for words on paper that we could change that would make a difference. And so, many of these policy shifts really are shifts in words, which translates into opportunities and tools for us. Thank you, Ms. Kierkiewicz, for allowing me to speak briefly on the tobacco products. I've met early with teachers, especially in our elementary schools and our charter schools. And Hawaii Island has a disproportionate rate of kids vaping in school, as young as third and fourth grade. And these are 8- and 9-year- olds. And one teacher commented, "It's the Skittles cloud." Right? These vaping products are flavored with things that make it sound yummy and inviting. And so, the teachers are really reaching out in a way so that we can have tools. And what this policy shift does is it allows municipals like Hawaii County to begin to address relevant policy shifts that help our youth. And so, I'm glad that this one is moving forward. The other one I did want to speak on is cesspool conversion. We've seen so much need about addressing our water quality near our shorelines. And this one particularly is an incentive. It's a carrot, not a stick, where we can get to more conversions. As Mr. Richards mentioned, we have 50,000. Out of 88,000 cesspools in the State, Hawaii County has 50,000 of them. And so, this really is another tool in our toolbelt. And ironically, I've been meeting with excavators who end up digging the extra leach field or septic system, and a lot of that work is being done by unlicensed contractors. So, this actually is being driven by an industry who is trying to help with the conversion, which costs money. And so, this policy really does give more opportunities for us to get off of cesspool systems into septic systems and whereby improving water quality near our shorelines. So again, thank you, Ms. Kierkiewicz, Ms. Poindexter. I will be supporting this package wholeheartedly. Chair, I yield. CHR. CHUNG: Now, how should we do this? I mean,just vote for the whole package or see how everyone feels? MS. KIERKIEWICZ: We have a motion on the floor already. MS. POINDEXTER: Chair, can I ? CHR. CHUNG: Yeah. MS. POINDEXTER: What normally happens is the entire package comes because it goes to each of the counties. So, they're not taking it apart anymore. Page 56 Hawaii County Council-27 December 4,2019 So, we've got to vote as a package. `Cause once you take it out and you don't agree on something, then HSAC has to go back to the table and then address what package they're going to offer to each of the counties. CHR. CHUNG: Thank you. All right. Well, even if I'm against that blood alcohol level one, yes, I have to support this program, right? MS. POINDEXTER: Or you could attend the HSAC meeting and voice your concerns there. Let Ashley know, then she can go and represent that back to the Legislature. CHR. CHUNG: I'll be lobbying against it. It's kind of crazy. Okay, so, we have a motion on the floor. All those in favor, signify by saying "aye." And this is to approve the package, right? Okay. All those in favor, say "aye." Vote on The motion to close file on Comm. 636.2 and approve the Comm. 636.2: 2020 Hawaii State Association of Counties' Legislative Filed Package contained within was carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. And then, let's go to the close file motion. All those in favor, say "aye." Vote on Comm. 636: The motion to close file on Comm. 636 was carried by the Filed following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Page 57 Hawaii County Council-27 December 4,2019 ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. (Note: Items in this category were taken up previously, out of order.) BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order.) ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): (Note: Items in this category were taken up previously, out of order.) REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (Note: Items in this category were taken up previously, out of order.) REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: (Note: Comm. 640 was taken up previously, out of order.) OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There were none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) CHR. CHUNG: Can I have a motion to adjourn? Are we at the end of our agenda? MR. HENRICKS: Mr. Chair, that was the final item for the business of the day. Page 58 Hawai`i County Council-27 December 4,2019 ADJOURN- There being no further business, at 11:46 a.m., Mr. Richards moved to adjourn the MENT: meeting. Seconded by Ms. Poindexter and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Meeting is adjourned. Council Approval: JAN 0 2020 CO TY CLERK JH/dg Page 59