HomeMy WebLinkAboutMIN COUNCIL 2020-02-19 2018-2020 Hawaii County Council
32nd Session
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
February 19, 2020
INVOCATION: Senior Pastor Sunny Ahn of Kona United Methodist Church gave the morning's
invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 9:05 a.m., in the Council Chambers, Kailua-Kona, by Ms. Maile Medeiros David,
Acting Chair.
ROLL CALL:
Present: Mr. Aaron S. Y. Chung, Chair
Ms. Maile Medeiros David, Member
Mr. Matt Kaneali`i-Kleinfelder, Member
Ms. Ashley L. Kierkiewicz, Member (via videoconference from Hilo)
Ms. Susan L. K. Lee Loy, Member (via videoconference from Hilo)
Ms. Valerie T. Poindexter, Member
Mr. Herbert M. "Tim" Richards, III, Member
Ms. Rebecca Villegas, Member
Absent & Excused: Ms. Karen Eoff, Vice Chair
PLEDGE OF The Acting Chair directed the Council to the next order of business, Pledge of
ALLEGIANCE: Allegiance.
(At this time, Mr. Kaneali`i-Kleinfelder led the Council in
the Pledge of Allegiance.)
PETITIONS, The Acting Chair directed the Council to proceed to the next order of business,
MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence.
CERTIFICATES
OF MERIT, AND (There were none.)
EXPRESSIONS OF
CONDOLENCE:
STATEMENTS The Acting Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public on Agenda Items.
PUBLIC ON
AGENDA ITEMS:
Hawaii County Council-32 February 19,2020
The following individuals registered to speak and came forward when called by
the Acting Chair:
Abolghassem Abraham Comm. 738, in opposition;
Sadegh: Res. 471-20 (Comm. 712), comment;
Res. 476-20 (Comm. 726), comment; and
Bill 133 (Comm. 713), comment.
Zinah Loeb: Res. 497-20 (Comm. 751), in support.
(representing Going Home
Hawaii)
Elizabeth Kuluwaimaka: Res. 491-20 (Comm. 745), in support.
(representing Ka`u
Multicultural Society)
David Araki: Res. 485-20 (Comm. 737), in support.
(representing Hawaii Police
Department)
Manu Powers: Res. 492-20 (Comm. 746), in support.
(representing the King
Kamehameha Day Celebration
Parade)
Dwight J. Vicente: Res. 504-20 (Comm. 762);
Bill 133 (Comm. 713); and
Bill 135 (Comm. 717), comment.
David Kurohara: Res. 494-20 (Comm. 748), in support.
(representing Island of
Hawaii YMCA)
Wendy Botelho-Cortez: Res. 494-20 (Comm. 748), in support.
(representing Island of
Hawaii YMCA)
Abolghassem Abraham Res. 504-20 (Comm. 762); and
Sadegh: Bill 135 (Comm. 717), in opposition.
Teresa L. Nakama: Res. 478-20 (Comm. 730);
(representing Big Island Res. 479-20 (Comm. 731); and
Wave Riders Against Drugs) Res. 480-20 (Comm. 732), in support.
(See Comm. 730.1)
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Hawaii County Council-32 February 19,2020
Kristine Kubat: Res. 493-20 (Comm. 747), in support.
(representing Recycle
Hawaii)
APPROVAL The Acting Chair directed the Council to proceed to the next order of business,
OF MINUTES: Approval of Minutes.
Vote on Approval of Ms. Poindexter moved to approve the Minutes of
Minutes: January 22, 2020. Seconded by Ms. Villegas and carried
(Approved) by the following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
ACTING CHR. DAVID: Mr. Clerk, I guess start from the top of the agenda.
COMMUNI- The Acting Chair directed the Council to proceed to the next order of business,
CATIONS: Communications.
Comm. 760: REQUESTS COUNCIL APPROVAL TO ACCEPT THE DONATION OF
34 SMOKE DETECTORS FOR THE HAWAII FIRE DEPARTMENT'S FIRE
PREVENTION BUREAU'S SMOKE ALARM PROGRAM
Donated by Hawaii Alliance for Community Health with an approximate value
of$523.
Waived: FC
Vote on Comm. 760: Ms. Villegas moved to accept the donation of 34 smoke
(Approved) detectors for the Hawaii Fire Department's Fire Prevention
Bureau's Smoke Alarm Program. Seconded by
Mr. Kaneali`i-Kleinfelder and carried by the following
voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
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Hawaii County Council-32 February 19,2020
ORDER OF The Acting Chair directed the Council to proceed to the next order of business,
RESOLUTIONS: Order of Resolutions.
Res. 471-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT
Transfers $2,079,110.50 from the Finance Administration and Budget Salaries
and Wages account and credits to various Department's Salaries and Wages
accounts, for overtime costs associated with the second quarter of Fiscal
Year 2019-2020.
Reference: Comm. 712
Intr. by: Ms. David (B/R)
Approve: FC-104
Motion to Approve: Mr. Richards moved to adopt Res. 471-20 and Finance
Committee Report No. 104. Seconded by Ms. Poindexter.
ACTING CHR. DAVID: Any discussion? Hilo,just shout out if you want to
discuss, all right? Thank you. Seeing none, all those in favor please say "aye."
Vote on Res. 471-20: The motion to adopt Res. 471-20 and Finance Committee
(Adopted) Report No. 104 was carried by the following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
Res. 476-20: COMMITS TO FUNDING THE COST ITEMS AGREED UPON BY THE
EMPLOYERS AND THE HAWAII GOVERNMENT EMPLOYEES
ASSOCIATION UNIT 3 AND EMPLOYEES EXCLUDED FROM THAT UNIT
FOR THE CONTRACT PERIOD JULY 1, 2019, THROUGH JUNE 30, 2021
Cost items include lump-sum payments, across-the-board increases, step
movements, a new salary schedule, and change in standby pay calculation. The
estimated cost over the two years of the contract would be $4,992,357.
Reference: Comm. 726
Intr. by: Ms. David (B/R)
Waived: FC
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Hawaii County Council-32 February 19,2020
; and
Comm. 726.1: From Council Member Maile David, dated February 11, 2020, transmitting a
proposed amendment to the title of Res. 476-20.
Motion to Approve: Mr. Richards moved to adopt Res. 476-20. Seconded by
Ms. Poindexter.
ACTING CHR. DAVID: I believe we have Director Sako in our Hilo office for
questions, Council Members. Discussion? Seeing none, all right, all those in
favor please
MR. HENRICKS: Madam Chair, we do have the amendment that you had
introduced to correct the title. It's in 726.1.
ACTING CHR. DAVID: Oh, sorry. May I have a motion, please, to amend with
Communication Ido I have that? I don't have that. I don't see that in my
folder.
MR. HENRICKS: It's probably on your board.
ACTING CHR. DAVID: Oh, it's on the board. Okay.
MR. HENRICKS: 726.1. What it does is it adds the words "and employees
excluded from that unit"to the title of the resolution to encompass the various
increases for different employees.
ACTING CHR. DAVID: All right. So, the motion is to amend the resolution
with Communication 726.1.
Vote on Motion to Mr. Richards moved to amend Res. 476-20 with the
Amend: contents of Comm. 726.1. Seconded by Ms. Poindexter
(Approved) and carried by the following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
ACTING CHR. DAVID: Going back to Resolution 476-20, as amended.
Mr. Kaneali`i-Kleinfelder.
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Hawaii County Council-32 February 19,2020
MR. HENRICKS: Madam Chair, I'm sorry. Before you entertain any further
discussion, the rules would require a holdover at this point because the resolution
has been amended. You can just make—if somebody would like to make a
motion to suspend the rules, that would be in order.
Vote on Motion to Mr. Richards moved to suspend Council Rule 24 to waive
Suspend Council the holdover for the substantive amendment of
Rules: Res. 476-20. Seconded by Ms. Poindexter and carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David–8.
Noes: None.
Absent: Council Member Eoff– 1.
Excused: None.
ACTING CHR. DAVID: Now go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Deanna, are you in Hilo?
MR. BROWN: Sorry, Ms. Sako is not here at the moment.
MR. KANEALI`I-KLEINFELDER: Is anybody there from HR (Human
Resources)?
MR. BROWN: Unfortunately, no. The chamber is empty right now.
MR. KANEALI`I-KLEINFELDER: Interesting.
ACTING CHR. DAVID: Okay, do you want to table this until someone from
Finance gets here?
MR. KANEALI`I-KLEINFELDER: No, I can ask my questions at another time.
ACTING CHR. DAVID: Okay. You're ready to move forward on the vote?
Okay, all right. So, back to the main motion to approve Resolution 476-20, as
amended. All those in favor,please say "aye."
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Hawaii County Council-32 February 19,2020
Vote on Res. 476-20: The motion to adopt Res. 476-20, as amended to Draft 2,
Draft 2 was carried by the following voice vote:
(Adopted)
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
ACTING CHR. DAVID: Okay, thank you.
Res. 477-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO `O KA`U
KAKOU FOR ITS VULCAN BASEBALL CLINIC AT NA`ALEHU PARK
Transfers $1,000 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 729
Intr. by: Ms. David
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 477-20.
Seconded by Ms. Poindexter.
ACTING CHR. DAVID: This is a contingency request for `O Ka`u Kakou, and I
just ask for your support. Thank you. (Inaudible.)
Vote on Res. 477-20: The motion to adopt Res. 477-20 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
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Hawaii County Council-32 February 19,2020
Res. 478-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND
WAVE RIDERS AGAINST DRUGS TO ASSIST WITH EXPENSES
ASSOCIATED WITH THE WEST HAWAII COMMUNITY BEACH
CLEANUP
Transfers $2,000 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 730
Intr. by: Ms. David
Vote on Res. 478-20: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 478-20.
(Adopted) Seconded by Mr. Richards and carried by the following
voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
Res. 479-20: 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 WAVE RIDERS AGAINST DRUGS FOR THE WEST HAWAII
COMMUNITY BEACH CLEANUP
Transfers $2,000 from the Clerk-Council Services —Contingency Relief account
(Council District 7); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 731
Intr. by: Ms. Villegas
Motion to Approve: Ms. Villegas moved to adopt Res. 479-20. Seconded by
Ms. Poindexter.
ACTING CHR. DAVID: Ms. Villegas.
MS. VILLEGAS: I just ask for your continued support for this great annual event
that helps to clean up our coastlines and get people out working hand in hand for
the betterment of our shoreline, our community, and our ecosystems. Thank you.
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Hawaii County Council-32 February 19,2020
ACTING CHR. DAVID: Mahalo. Anyone else? Seeing none, all those in favor
say "aye."
Vote on Res. 479-20: The motion to adopt Res. 479-20 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
Res. 480-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND
WAVE RIDERS AGAINST DRUGS TO ASSIST WITH EXPENSES
ASSOCIATED WITH THE WEST HAWAII COMMUNITY BEACH
CLEANUP
Transfers $2,000 from the Clerk-Council Services —Contingency Relief account
(Council District 8); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 732
Intr. by: Ms. Eoff
Vote on Res. 480-20: Mr. Richards moved to adopt Res. 480-20. Seconded by
(Adopted) Ms. Poindexter and carried by the following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
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Hawaii County Council-32 February 19,2020
Res. 481-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR THE 2020 SUMMER FUN
PROGRAM AT THE NA`ALEHU COMMUNITY CENTER
Transfers $2,000 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Department of Parks and Recreation,
Summer/Intersession Class/Activities account.
Reference: Comm. 733
Intr. by: Ms. David
Motion to Approve: Ms. Villegas moved to adopt Res. 481-20. Seconded by
Mr. Richards.
ACTING CHR. DAVID: This is my resolution. I just would ask for your
support. Any discussion? Seeing none, all those in favor please say "aye."
Vote on Res. 481-20: The motion to adopt Res. 481-20 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
Res. 482-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR THE 2020 SUMMER FUN
PROGRAM AT THE PAHALA COMMUNITY CENTER
Transfers $2,000 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Department of Parks and Recreation,
Summer/Intersession Class/Activities account.
Reference: Comm. 734
Intr. by: Ms. David
Motion to Approve: Ms. Villegas moved to adopt Res. 482-20. Seconded by
Ms. Poindexter.
ACTING CHR. DAVID: This is my reso (resolution) again. I ask for your
support of this great program. All those in favor, please say "aye."
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Hawaii County Council-32 February 19,2020
Vote on Res. 482-20: The motion to adopt Res. 482-20 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
Res. 483-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT FOR THE 2020 SUMMER FUN
PROGRAM AT THE SGT. RODNEY J. T. YANO MEMORIAL HALL
Transfers $2,000 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Department of Parks and Recreation,
Summer/Intersession Class/Activities account.
Reference: Comm. 735
Intr. by: Ms. David
Motion to Approve: Ms. Villegas moved to adopt Res. 483-20. Seconded by
Ms. Poindexter.
ACTING CHR. DAVID: Mr. Kaneali`i-Kleinfelder, go ahead.
MR. KANEALI`I-KLEINFELDER: Ms. David, I would like to commend you on
your support for the summer fun program in your community.
ACTING CHR. DAVID: Thank you very much. It's a great program, and it's for
the kids. So, what can I say? Mahalo for saying that. Council Members, all
those in favor please say "aye."
Vote on Res. 483-20: The motion to adopt Res. 483-20 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
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Hawaii County Council-32 February 19,2020
Res. 484-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PURCHASE AN OUTDOOR,
MULTI-PURPOSE SCOREBOARD FOR THE ARTHUR C. GREENWELL
PARK IN SOUTH KONA
Transfers $4,000 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Department of Parks and Recreation,
Recreation Division Equipment account.
Reference: Comm. 736
Intr. by: Ms. David
Motion to Approve: Ms. Villegas moved to adopt Res. 484-20. Seconded by
Ms. Poindexter.
ACTING CHR. DAVID: For this one, I really would like your support. The
scoreboard is basically non-functional at this time and has been for years. So,
thank you very much. Anyone else? Seeing none, all those in favor please say
Ic aye.
Vote on Res. 484-20: The motion to adopt Res. 484-20 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
Res. 485-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PURCHASE AND INSTALL AIR
CONDITIONING UNITS AND LIGHT-EMITTING DIODE LIGHTING FOR
THE POLICE SUBSTATION AT CAPTAIN COOK
Transfers $10,000 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Department of Public Works, Building
Repair and Maintenance Other Current Expenses account.
Reference: Comm. 737
Intr. by: Ms. David
Motion to Approve: Ms. Poindexter moved to adopt Res. 485-20. Seconded by
Ms. Villegas.
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Hawaii County Council-32 February 19,2020
ACTING CHR. DAVID: For this one, I really—the condition at the
Captain Cook station is pretty dire. And I reminded Acting Lieutenant Araki this
morning that when they took me on the tour, lights were falling down; the ceiling
had holes in it; five out of the six air-con (air conditioning) units that house the
police that are out there when they come from Hilo, five were not working. It was
justI couldn't believe it. And so, this is just something so small, but to me,
there's a lot of things that need to be done up there. But this is a start.
I want to thank Public Works. I want to thank Robyn at Public Works for really
putting the effort into making this move forward. The money is here, but we still
need the priorities done to get these improvements done at the station. So, I got
my driver's license in the '60s from that station. The light fixtures are the same
ones that—believe me when—definitely is the same. The whole place looks the
same, and so nothing's changed. So, let's work to improve our working
conditions for our people, and I ask for your support. All right. I thought that
would make a real impact, especially on these young guys, yeah. All right, thank
you. All those in favor, please say "aye."
Vote on Res. 485-20: The motion to adopt Res. 485-20 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David–8.
Noes: None.
Absent: Council Member Eoff– 1.
Excused: None.
Res. 486-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA
O PUNA FOR A REIMBURSEMENT OF EXPENSES RELATING TO THE
6TH INTERNATIONAL SCIENTIFIC WORKSHOP ON RAT LUNGWORM
DISEASE
Transfers $1,750 from the Clerk-Council Services –Contingency Relief account
(Council District 4); and credits to the Department of Research and Development,
Agriculture Other Current Expenses account.
Reference: Comm. 739
Intr. by: Ms. Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 486-20. Seconded
by Ms. Lee Loy.
ACTING CHR. DAVID: Go ahead, Ms. Kierkiewicz.
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Hawaii County Council-32 February 19,2020
MS. KIERKIEWICZ: Thank you, Chair. I'm joining other colleagues who
supported the rat lungworm conference, and I've reached out to Rene Siracusa
and Dr. Susan Jarvi to see if we can get an update to see how the County can be
more supportive of helping the community navigate with this very debilitating
disease. Thank you, I yield.
ACTING CHR. DAVID: Thank you very much. Anyone else? Seeing none, all
those in favor please say "aye."
Vote on Res. 486-20: The motion to adopt Res. 486-20 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
Res. 487-20: SUPPORTS SENATE BILL NO. 2526, SENATE BILL NO. 2826, OR OTHER
LEGISLATION WITH THE PURPOSE OF PROVIDING ADEQUATE
FORECLOSURE PROTECTION FOR BENEFICIARIES OF THE HAWAIIAN
HOMES COMMISSION ACT OF 1920
Supports the establishment of regulations, resources, and opportunities for
beneficiaries to prevent home loan default.
Reference: Comm. 740
Intr. by: Ms. Lee Loy and Ms. Kierkiewicz
Waived: GREDC
(Note: Comm. 740.1, from Council Member Sue Lee Loy dated February 18,
2020, transmitting proposed amendments to Res. 487-20, was circulated.)
Motion to Approve: Ms. Lee Loy moved to adopt Res. 487-20. Seconded by
Ms. Kierkiewicz.
ACTING CHR. DAVID: Go ahead, Ms. Lee Loy.
MS. LEE LOY: Thank you, Chair. We also have an amendment. I'm not sure if
you folks have received it. It's Communication 740.1.
Motion to Amend: Ms. Lee Loy moved to amend Res. 487-20 with the
contents of Comm. 740.1. Seconded by Ms. Kierkiewicz.
ACTING CHR. DAVID: Ms. Lee Loy, go ahead on the amendment.
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Hawaii County Council-32 February 19,2020
MS. LEE LOY: Thank you. I'm going to yield to Ms. Kierkiewicz at this time.
ACTING CHR. DAVID: Okay.
MS. LEE LOY: Thank you.
ACTING CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Chair, I'm going to speak generally about the resolution.
We are introducing this in solidarity with counties across the State. Kauai
Council Members Felicia Cowden and KipuKai reached out to us because we had
initially supported and put forth a resolution calling out Bank of America to make
good on their $150 million loan commitment to the Hawaiian community. And
so, we have introduced this in addition to other counties. And basically, we are
supporting legislation that is currently in the pipeline this legislative session that
calls for Hawaiian Home Lands to refine processes and procedures related to
keeping people in homes.
When you think about how difficult it is already to navigate this system, high cost
of living coupled with how long it takes to get a homestead lot, we need to be
doing more to support homestead families to stay in their homes. According to
Hawaiian Homes, there are 966 mortgage loans that were made directly by the
department. Twenty-six percent of that, 260, are in default. And when you
compare that nationally, it's only 3 to 4.5 percent of mortgages in general. So, we
have to be doing better.
In a nutshell, folks that are on homestead are different from the general population
because they're lessees, essentially. Hawaiian Homes owns the land, and
oftentimes, homes are mortgage financed. So, if they fall behind on their
mortgage, it's not treated as a delinquency but rather as a lease-default. And so,
in combing through Hawaiian Homes' loan servicing manual, it only speaks to
repayment and having folks fully catch up on all of the payments, which is not
helpful. Often, folks have fallen on tough times and they need a bit more support.
So, we need to be helping them from the get-go to avoid default and cure
delinquencies and give them the tools that they need—loan modification financial
counseling—so that they can keep those homes.
With this resolution, we're focusing on what we can do since it's going to literally
require an act of Congress to make any changes to the Hawaiian Homes
Commission Act. So,just looking for support from our colleagues on this
measure. Thank you.
ACTING CHR. DAVID: Thank you very much for that explanation and for your
and Ms. Lee Loy's efforts in this very important issue.
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Hawaii County Council-32 February 19,2020
MS. LEE LOY: Chair?
ACTING CHR. DAVID: Anyone ?
MS. LEE LOY: Chair, if I might follow up with that?
ACTING CHR. DAVID: Go ahead.
MS. LEE LOY: And really, I appreciate my colleague for really laying the
foundation. And speaking specifically to the amendment, what we did is then
all too often what happens at the Legislature is things move rather quickly. So,
what this amendment does and provides for is a more accurate and real-time
reflection of the actions currently in front of the 2020 Legislature. But at the end
of the day, it really does, as Ms. Kierkiewicz said, put us in solidarity with the
other counties and just creates a space to support native Hawaiian beneficiaries
and put them on equal footing and empower them as homesteaders with the same
protections and the same tools offered to all other homeowners in the State. So I,
too, will be urging the rest of my colleagues to support this resolution. Thank
you.
ACTING CHR. DAVID: Mahalo, Ms. Lee Loy. Anyone else? Any discussion
on the amendment? Seeing none, all those in favor of amending
Resolution 487-20 with the contents of Communication 740.1, please say "aye."
Vote on Motion to The motion to amend Res. 487-20 with the contents of
Amend: Comm. 740.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
ACTING CHR. DAVID: Back to the main motion. Resolution 487, as amended.
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Hawaii County Council-32 February 19,2020
Vote on Motion to Ms. Poindexter moved to suspend Council Rule 24 to
Suspend Council waive the holdover for the substantive amendment of
Rules: Res. 487-20. Seconded by Ms. Lee Loy and carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
Vote on Res. 487-20: The motion to adopt Res. 487-20, as amended to Draft 2,
Draft 2 was carried by the following voice vote:
(Adopted)
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
Res. 488-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
INTERGOVERNMENTAL RIGHT-OF-ENTRY AGREEMENT WITH THE
STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL
RESOURCES, PURSUANT TO HAWAII REVISED STATUTES
SECTION 46-7, TO OBTAIN ACCESS TO CERTAIN STATE LANDS MAKAI
OF BAYFRONT HIGHWAY LOCATED AT WAIAKEA, SOUTH HILO,
HAWAII, FOR THE PURPOSES OF CLEARING EXISTING DRAINAGE
CONDUITS, DEBRIS REMOVAL, AND MAINTENANCE OF THE SAME
Establishes a joint agreement to minimize closures of Kamehameha Avenue by
improving the conveyance of drainage runoff to the ocean.
Reference: Comm. 741
Intr. by: Mr. Chung
Waived: PWMTC
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Hawaii County Council-32 February 19,2020
Vote on Res. 488-20: Mr. Chung moved to adopt Res. 488-20. Seconded by
(Adopted) Mr. Richards and carried by the following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
Res. 490-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO
COMMUNITY FIRST INC. FOR THE"KNOW YOUR NUMBERS" BLOOD
PRESSURE AWARENESS CAMPAIGN
Transfers $1,000 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Office of Aging, Other Current Expenses
account.
Reference: Comm. 743
Intr. by: Mr. Kaneali`i-Kleinfelder
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 490-20.
Seconded by Ms. Villegas.
ACTING CHR. DAVID: Mr. Kaneali`i-Kleinfelder, go ahead.
MR. KANEALI`I-KLEINFELDER: I ask for your support of this resolution.
ACTING CHR. DAVID: All right. All those in favor, please say "aye."
Vote on Res. 490-20: The motion to adopt Res. 490-20 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
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Hawaii County Council-32 February 19,2020
Res. 491-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KA`U
MULTICULTURAL SOCIETY FOR ITS 10TH ANNUAL KA`U PLANTATION
DAYS CELEBRATION
Transfers $500 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 745
Intr. by: Ms. David
Motion to Approve: Ms. Villegas moved to adopt Res. 491-20. Seconded by
Ms. Poindexter.
ACTING CHR. DAVID: This is my reso. I would just like to thank
Liz Kuluwaimaka for her testimony this morning and ask for your support. All
those in favor, please say "aye."
Vote on Res. 491-20: The motion to adopt Res. 491-20 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
Res. 492-20: 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
DAUGHTERS OF HAWAII TO ASSIST WITH EXPENSES RELATED TO
THE KING KAMEHAMEHA DAY CELEBRATION PARADE AND
HO`OLAULE`A IN KONA
Transfers $500 from the Clerk-Council Services —Contingency Relief account
(Council District 7); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 746
Intr. by: Ms. Villegas
Motion to Approve: Ms. Villegas moved to adopt Res. 492-20. Seconded by
Ms. Poindexter.
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Hawaii County Council-32 February 19,2020
ACTING CHR. DAVID: Ms. Villegas.
MS. VILLEGAS: I just ask for everyone's continued support of the
King Kamehameha Day celebration and parade and ho`olaule`a. It was great to
have Manu Powers here today speaking on their behalf. Just a phenomenal
opportunity for everyone to come down and celebrate in the village. Thanks for
your continued support.
ACTING CHR. DAVID: Mahalo to you. Anyone else? Seeing none, all those in
favor please say "aye."
Vote on Res. 492-20: The motion to adopt Res. 492-20 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
Res. 493-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO RECYCLE
HAWAII FOR EDUCATIONAL OUTREACH EFFORTS
Transfers $2,000 from the Clerk-Council Services —Contingency Relief account
(Council District 7); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 747
Intr. by: Ms. Villegas
Motion to Approve: Ms. Villegas moved to adopt Res. 493-20. Seconded by
Mr. Richards.
ACTING CHR. DAVID: Go ahead, Ms. Villegas.
MS. VILLEGAS: I just want to ask for the support of my colleagues on this body
for Recycle Hawai`i's education efforts in this borderline crisis time of lack of
recycling opportunities. I think it's imperative that we educate our community of
what options are available and how to reduce the amounts that we consume and
what to do with the resources we do have. Thank you for your support.
ACTING CHR. DAVID: Thank you very much. Anyone else? All those in
favor,please say "aye."
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Hawaii County Council-32 February 19,2020
Vote on Res. 493-20: The motion to adopt Res. 493-20 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
Res. 494-20: 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 ISLAND
OF HAWAII YMCA FOR ITS FAMILY VISITATION CENTER PROGRAM
Transfers $2,500 from the Clerk-Council Services —Contingency Relief account
(Council District 7); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 748
Intr. by: Ms. Villegas
Motion to Approve: Ms. Villegas moved to adopt Res. 494-20. Seconded by
Ms. Poindexter.
ACTING CHR. DAVID: Ms. Villegas.
MS. VILLEGAS: Yeah, I would ask for your support on this. I was impressed,
although I think it's tragic that the CEO (Chief Executive Officer) mentioned that
they're catching chickens and sewing curtains to afford a facility in Waimea.
Myself, personally, being a survivor of domestic violence as a child and in my
adult life, this resonates very close to home. And providing a facility and a safe
and secure opportunity for children to interact with their parents and for their
parents to get the support in a safe and healthy environment, it breaks my heart
that 35 percent of the families serviced are from Kona and they have to make that
hour drive to Waimea. I am hopeful that in the future we may have a facility in
Kona. But beyond that, I am hopeful that in the future the issues related to
domestic violence and the breakup of families and issues with our keiki become
more resolved as more of our socio-economic issues are also resolved. So, I just
ask for your continued support in this program and this instrumental facility in
serving the needs of our community.
ACTING CHR. DAVID: Thank you very much. Anyone else?
MR. RICHARDS: Chair?
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Hawaii County Council-32 February 19,2020
ACTING CHR. DAVID: Go ahead, Mr. Richards.
MR. RICHARDS: Thank you, Chair. Rebecca, thanks for chipping in on this.
And the good news for this program is it's grown. It was only in Hilo. And some
years ago, they didn't have the funding and the people just volunteered their time.
So, it's kind of a pet one for me, and I really appreciate your support. So, thanks.
And I will work with you to see if we can get something going on in Kona too.
All right. Thanks, I yield.
ACTING CHR. DAVID: Mahalo, Mr. Richards. Anyone else? Seeing none, all
those in favor please say "aye."
Vote on Res. 494-20: The motion to adopt Res. 494-20 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
Res. 495-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO
COMMUNITY FIRST INC. TO ASSIST WITH ITS INAUGURAL "KNOW
YOUR NUMBERS" BLOOD PRESSURE AWARENESS CAMPAIGN
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. 749
Intr. by: Ms. Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 495-20. Seconded
by Ms. Lee Loy.
ACTING CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. I'm joining a number of my
East Hawaii colleagues in supporting Community First, which was founded by
the wonderful and illustrious Barry Taniguchi. And they are launching an
inaugural "Know Your Numbers"blood pressure campaign, which is really
known as the silent killer because half of the folks who have it, which is one-third
of our adult population, don't really know that they have high blood pressure,
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Hawaii County Council-32 February 19,2020
hypertension. So, a very grassroots effort to get people to just know their
numbers and monitor it, make some lifestyle changes where it makes sense so that
they can be around. Just looking to my colleagues for their support. Thank you.
ACTING CHR. DAVID: Mahalo. Anyone else? Seeing none
MS. LEE LOY: Yes.
ACTING CHR. DAVID: Oh, Ms. Lee Loy, go ahead.
MS. LEE LOY: Yeah, thank you. And thank you, Ms. Kierkiewicz. I think,
collectively with everyone giving their really best helps. And I just find it
incredibly timely because this is the month of February, and we have the Heart
Walk and all of these messages related to knowing our numbers and being
mindful of our health. Thank you very much for helping, and I'm going to be
supporting this resolution. Thank you.
ACTING CHR. DAVID: Mahalo, Ms. Lee Loy. Anyone else? Seeing none, all
those in favor please say "aye."
Vote on Res. 495-20: The motion to adopt Res. 495-20 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
Res. 496-20: 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
EAST HAWAII CULTURAL COUNCIL FOR REIMBURSEMENT OF
EXPENSES ASSOCIATED WITH THE 2ND ANNUAL LIVE ALOHA ART
FESTIVAL
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. 750
Intr. by: Ms. Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 496-20. Seconded
by Ms. Lee Loy.
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Hawaii County Council-32 February 19,2020
ACTING CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. I want to thank the New Alchemists for
working with East Hawaii Cultural Center to bring this wonderful art festival
back to community. It was known by a different name a couple of years ago, and
it started as something very small, a 24-hour play in which the New Alchemists
engaged community to write and then perform a play within 24 hours.
And over the years, it's grown to be a very inclusive event where they work with
Full Life Hawaii, Abled Hawaii Artists to create puppets. They have a peace
puppet parade. Again, they had the 24-hour play workshop, and this year they
ended with a short film festival that included film features by many of our
disabled artists in our community but also featured film shorts from folks with a
connection to Hawaii. And so, very honored to be supporting this event, and I
look forward to seeing how they grow this out in the coming years. Thank you.
ACTING CHR. DAVID: Thank you so much. Anyone else? Seeing none, all
those in favor please say "aye."
Vote on Res. 496-20: The motion to adopt Res. 496-20 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
Res. 497-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO GOING
HOME HAWAII TO ASSIST WITH ITS EAST HAWAII PU'UHONUA
WELLNESS CENTER'S HOUSING PROGRAM FOR WOMEN
Transfers $7,500 from the Clerk-Council Services —Contingency Relief account
(Council District 4); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 751
Intr. by: Ms. Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 497-20. Seconded
by Ms. Lee Loy.
ACTING CHR. DAVID: Go ahead, Ms. Kierkiewicz.
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Hawaii County Council-32 February 19,2020
MS. KIERKIEWICZ: Thank you, Chair. A few months ago, I convened a
conversation with the Going Home consortium. So, like, 40 individuals from the
community came together. We kind of talked story about the struggles that they
face and helping just as involved individuals successfully reintegrate back into
community.
I also had the opportunity to tour the Pu`uhonua Wellness Center for men here in
East Hawaii, and the executive director of Going Home, Les Estrella, said that
they were in the process of securing a home that could be used to support just as
involved women. And folks that know me know that I'm all about empowering
women and girls. And so, I leaped at the opportunity to provide some funding to
support this effort to help women in our community successfully reintegrate back
and lead successful lives and be contributing citizens. So,just looking for support
from my colleagues on this.
And I also want to give a special mahalo to my new Legislative Aide
Cody Chapin who in a month was able to push out all of these resolutions. So,
thank you so much for your very hard work in getting this kokua out. I yield.
ACTING CHR. DAVID: Mahalo. Anyone else? Seeing none, all those in favor
please say "aye."
Vote on Res. 497-20: The motion to adopt Res. 497-20 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
Res. 498-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO
COMMUNITY FIRST INC. TO ASSIST WITH OUTREACH EXPENSES
RELATED TO THE"KNOW YOUR NUMBERS" BLOOD PRESSURE
AWARENESS CAMPAIGN
Transfers $2,500 from the Clerk-Council Services —Contingency Relief account
(Council District 3); and credits to the Hawaii Fire Department, Fire Protection
Other Current Expenses account.
Reference: Comm. 752
Intr. by: Ms. Lee Loy
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Hawaii County Council-32 February 19,2020
Motion to Approve: Ms. Lee Loy moved to adopt Res. 498-20. Seconded by
Ms. Kierkiewicz.
ACTING CHR. DAVID: Go ahead, Ms. Lee Loy.
MS. LEE LOY: Thank you. I think Ms. Kierkiewicz explained it in
Resolution 495, so I ask for your support.
ACTING CHR. DAVID: Mahalo. Anyone else? Seeing none, all those in favor
please say "aye."
Vote on Res. 498-20: The motion to adopt Res. 498-20 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
ACTING CHR. DAVID: I'm going to jump one forward. And, Mr. Clerk, can
you do Resolution 500-20?
Change Order As directed by the Acting Chair and with no objection from the Council
of Business: Members, the following item was taken out of order:
Res. 500-20: 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
PANIOLO PRESERVATION SOCIETY AS REIMBURSEMENT FOR
EXPENSES RELATED TO ITS ANNUAL PRODUCTION OF OLD HAWAII
ON HORSEBACK
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 9); and credits to the Department of Research and Development,
Tourism Promotion account.
Reference: Comm. 754
Intr. by: Mr. Richards
Motion to Approve: Mr. Richards moved to adopt Res. 500-20. Seconded by
Ms. Lee Loy.
ACTING CHR. DAVID: Go ahead, Mr. Richards.
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Hawaii County Council-32 February 19,2020
MR. RICHARDS: Yeah, I appreciate your support on this. This is a mounted
pageantry on our history of Hawaii, and coincidentally, it's also history in and of
itself. This dates back to the '60s when Anna Perry-Fiske founded this and was
doing it as a fundraiser for the American Heart Association. It's a collection of a
mounted history and goes through a whole bunch of 19'h century history where we
have paniolo, we have the different community groups moving into Hawaii, and
really touches on everything. So, I ask for your support.
ACTING CHR. DAVID: Thank you, Mr. Richards. Anyone else? Seeing none,
all those in favor please say "aye."
Vote on Res. 500-20: The motion to adopt Res. 500-20 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
ACTING CHR. DAVID: Mr. Clerk, back up one; Resolution 499-20.
Return to Order The Acting Chair directed the Council to return to the order of business.
of Business:
Res. 499-20: 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
PANIOLO PRESERVATION SOCIETY TO ASSIST WITH A
REIMBURSEMENT OF EXPENSES RELATED TO THE OLD HAWAII ON
HORSEBACK: NA WAHINE HOLO LIO PAGEANT
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 3); and credits to the Department of Research and Development,
Tourism Promotion account.
Reference: Comm. 753
Intr. by: Ms. Lee Loy
Motion to Approve: Ms. Lee Loy moved to adopt Res. 499-20. Seconded by
Ms. Villegas.
ACTING CHR. DAVID: Ms. Lee Loy, go ahead.
MS. LEE LOY: Asking for my colleagues' support. Thank you.
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Hawaii County Council-32 February 19,2020
ACTING CHR. DAVID: Mahalo. All those in favor, please say "aye."
Vote on Res. 499-20: The motion to adopt Res. 499-20 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
Res. 503-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH ARIZONA STATE UNIVERSITY AND AUTHORIZES
THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE
THAN ONE FISCAL YEAR
Authorizes Arizona State University to assist Hawaii County in its intervention
of Public Utilities Commission dockets, including Integrated Grid Planning,
Electrification of Transportation, Performance-Based Regulation, and rate case.
Reference: Comm. 761
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 503-20.
Seconded by Mr. Richards.
ACTING CHR. DAVID: I believe this is pretty self-explanatory. I'm not sure if
anyone has questions. If they do, I could ask somebody from the department, but
otherwise I ask for your support. Mr. Chung.
MR. CHUNG: Yeah, I don't know who's here to answer this, but I'm just
wondering what ASU (Arizona State University) has over our University of
Hawaii or
ACTING CHR. DAVID: Mr. Brown, do we have anyone in the chambers in Hilo
that could answer Mr. Chung?
MR. BROWN: Finance Director Sako is walking to the podium right now.
ACTING CHR. DAVID: Thank you very much.
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council, via videoconferencing from Hilo.)
Page 28
Hawaii County Council-32 February 19,2020
ACTING CHR. DAVID: Thank you, Director Sako.
MS. SAKO: Good morning. I don't know specifically what ASU has above, like,
UH (University of Hawaii) or why UH maybe can't do it. But I know ASU does
kind of specialize in this field and has been doing it not only for us but for others
for a number of years. So, I think they just kind of specialize in this area.
MR. CHUNG: Thank you.
ACTING CHR. DAVID: Thank you, Director Sako. Thank you, Mr. Chung.
Anyone else? Mr. Richards, go ahead.
MR. RICHARDS: Thank you, Chair. I think Chair Chung raised the question, so
I understand there's probably a level of expertise. But what does it exactly mean?
We rely on them for making the final decision? I'm a little fuzzy on the
parameters that they'll function—are they advisory? Are they decision making? I
also see that there's—they don't want to do a holdover, so I'm justI'm confused
on this one. I have trouble supporting because I don't think I understand the
parameters of it.
MS. SAKO: I'm sorry someone from R&D (Research and Development) isn't
here, but when we look at the PUC (Public Utilities Commission) dockets, or the
County does, they can be very complex and in-depth. So, when there are things
that impact Hawaii, they do kind of help us to understand it and then work with
R&D to ensure that we provide the correct testimony. We'll have Mr. Brown call
someone from R&D if you guys would like to table it at the moment.
MR. RICHARDS: Yeah, I think I'd like a little more information.
MS. SAKO: Thank you.
MR. RICHARDS: I don't have enough information to support right now.
ACTING CHR. DAVID: I see. Well
MR. RICHARDS: Or do we have
ACTING CHR. DAVID: Hang on.
MR. RICHARDS: Deputy in chambers? Chair, do you want to call him forward?
ACTING CHR. DAVID: Yes. I'm sorry. Riley Saito, can you come forward?
Thank you.
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Hawaii County Council-32 February 19,2020
(Note: At this time, Research and Development Deputy Director
Riley Saito came forward to address the members of the Council.)
ACTING CHR. DAVID: Go ahead, Mr. Richards. Oh, yeah, press your button at
the bottom. Thank you.
MR. SAITO: Push? Okay.
ACTING CHR. DAVID: Yes. Thank you, Mr. Saito. Mr. Richards had a
question.
MR. RICHARDS: Yeah. Riley, thanks for keeping tabs on us and running down
here. I understand thatI know Arizona State has some expertise in the
renewable energy, alternative energy. I'm curious. I don't know what the
parameters are. It looks like it's a contract of$100,000. I don't know enough
about this. Is this advisory? Is it recommendation? Do they have decision
capability? What are we talking about here?
MR. SAITO: The County maintains the decision making or the actual position
filed. They serve both as participating in the dockets themselves as experts. They
have a group of several technical experts that have knowledge on different
utilities, different structures nationwide, so they bring in outside technical
expertise. They participate in all the hearings, like with the performance-based
ratemaking case. That docket has about eight different sub-working groups, and
they participate in those working groups. They frequently, at least twice a month,
fly to Hawaii to be involved with the hearings and the meetings directly.
In the Integrated Grid Planning docket, there's another five sub-working groups
and they participate in that,providing both expertise and positions, development.
They bring in pretty much a team that not only has renewable energy technology
experience, but overall utility performance nationally and can draw on that; do
comparisons side by side, comparing it to how Hawaii electric companies are
actually performing.
MR. RICHARDS: Okay. And when you say they come in twice a month, you
said that—did I understand that?
MR. SAITO: It's based on whatever the PUC schedules in the docket hearings.
But that hundred thousand includes all the travel.
MR. RICHARDS: Okay. So, that's a flat fee, hundred thousand.
MR. SAITO: Correct. And we have it broken down in the proposal, the hours
and travel by person.
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Hawaii County Council-32 February 19,2020
MR. RICHARDS: Okay. And is this new because I don't recall seeing this
before, but our budget is kind of behemoth.
MR. SAITO: This has been—this is, I think, the fourth year.
MR. RICHARDS: Okay.
MR. SAITO: And so, it was done by supplemental agreements. So, what we did
is actually refresh the whole contract and make sure that it was brought forward
through the County Council with regularity. So within the contract itself, it
allows, by mutual agreement and extension, up to four additional years, I believe.
The original contract was approved last year, but it had that option for the
extension. But we'd like to actually pursue executing the mutual agreement for
the extension by one year and up to four years, or actually three years now.
MR. RICHARDS: And do you get an annual report at the end, or do you get a
report by—what's the reporting on this? How are they doing that?
MR. SAITO: It's actually we file according to the PUC deadlines on each of the
dockets. So, it's all on public record.
MR. RICHARDS: So, there's no annual report. What they're doing is just case
by case?
MR. SAITO: By docket-by-docket.
MR. RICHARDS: By docket-by-docket.
MR. SAITO: By filing-by-filing. So, they'll—like right now, what we're
there's a P.U.R. (Public Utilities Reports) no, the rate-case docket, there's an
opening brief that we filed which, pretty much on the rate-case thing, we need
better financial performance on the fixed cost of the utility, for example. That's
pretty much what it says. And the utility comes back and comments on our
opening brief, and so now we're replying to the utility's comments on our
opening brief. So, that is all outlined in the schedule of deadlines within any
docket.
MR. RICHARDS: Okay. And they help craft the responses?
MR. SAITO: They write it, and I'll work with them on modifying it, making it
specific to what the County would then support or want to speak on record. And
then we get the Mayor's Office to approve.
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Hawaii County Council-32 February 19,2020
MR. RICHARDS: Okay, all right. Thanks, Riley. That gives me a much better
picture of what's going on with this. I'd like to hear from other Council Members
if they have any questions. I yield at this point. Thanks, Chair.
ACTING CHR. DAVID: Thank you, Mr. Richards. Mr. Chung, go ahead.
MR. CHUNG: Good morning, Riley.
MR. SAITO: Good morning.
MR. CHUNG: So, you said that we already have a Memorandum of Agreement
in place, with the option to go four years?
MR. SAITO: Correct. That was the original one last year.
MR. CHUNG: And it was executed last year?
MR. SAITO: Correct.
MR. CHUNG: So, it's already—it's still in place then.
MR. SAITO: Correct.
MR. CHUNG: And so, we're asking
MR. SAITO: Because, the original contract was a one-year contract with the
option
MR. CHUNG: Oh, it's only a one-year contract.
MR. SAITO: Yeah, it's a one-year contract with the option for four one-year
extensions. So, we are actually wanting approval to extend it.
MR. CHUNG: But I don't think you need our approval
MR. SAITO: We did go back and forth on that.
MR. CHUNG: To extend it if it's already in place. I still don't quite understand
this whole thing. I've got to
MS. SAKO: Mr. Chung, the resolution is because Corporation Counsel said the
wording in the agreement is not option-year like but
MR. CHUNG: Which agreement?
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Hawaii County Council-32 February 19,2020
MS. SAKO: In the agreement, the supplemental agreement that they're doing, it
is not option-year like but multi-year like. And so, we're asking for the multi-
year approval because that's how the wording is in the supplemental agreement.
MR. CHUNG: Deanna, is time of the essence on this one?
MS. SAKO: You'd have to ask Mr. Saito, but that's my understanding.
MR. CHUNG: Riley?
MR. SAITO: I would consider it yes.
MR. CHUNG: I mean, could it wait maybe two weeks more? Because, I sure
would like to look at
MR. SAITO: Yeah, we could.
MR. CHUNG: The existing Memorandum of Agreement. We don't have that in
front of us. And I really want to take a leap of faith and defer it to the
Administration in this regard, but
MR. SAITO: We can wait a couple of weeks.
MR. CHUNG: And then, what happened here? ASU approached the County of
Hawaii to enter into this agreement? How was the connection made?
MR. SAITO: The arrangement was in place when I started. So, I actually
observed ASU and the County operating during, like, the Nextera merger and all
of that. And actually from outside the County, I was pretty impressed with the
work that they were doing.
MR. CHUNG: I can see where we would need that kind of services for that
merger, but to enter into something where we're on the hook for $100,000 a year,
I think we've got to look at this thing a little bit more closely. And I really want
to know what kinds of capabilities they have over our own university because if
we're going to funnel $100,000 including travel, I think it would be more
economical—of course we want to get good service but if we can at least
explore the possibility of going with the University of Hawaii, I think we want
to, as much as possible, support their academic endeavors, too, and their
professionalism if possible. I don't know if they do that kind of stuff.
MR. SAITO: I think they do it through the Natural Energy Institute, but they also
consult for the utility and they consult for the PUC.
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Hawaii County Council-32 February 19,2020
MR. CHUNG: Anyway, I'm inclined to defer to your wisdom, but yeah, I sure
would like to look at that Memorandum of Agreement first, inasmuch as it exists,
right?
MR. SAITO: Right. The original contract that was executed last year, yeah.
MR. CHUNG: That would be my preference if we can hold off for two weeks.
MR. SAITO: We could.
ACTING CHR. DAVID: All right, anyone else? Mr. Richards, go ahead.
MR. RICHARDS: Yeah, thank you. Thanks, Chair Chung, and I agree. Riley,
I've worked with you, and I trust you. I like your work. But just to be mindful of
what we're trying to spend here, I agree if we can get service closer to home at
UH, I'd love to do that. I do know Arizona State has a very good reputation for
their renewable energy stuff. But yeah, if we can hold off two weeks, I'd like to
review that. And, Chair, I don't know if I ask, do we postpone till
ACTING CHR. DAVID: What's our next ?
MR. RICHARDS: But before I make that motion, does somebody else want to
make any comments on this?
ACTING CHR. DAVID: Anyone else would like to weigh in? No? I think
they're good.
Vote on Motion to Mr. Richards moved to postpone Res. 503-20 to March 11,
Postpone: 2020. Seconded by Ms. Poindexter and carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
ACTING CHR. DAVID: Thank you, Mr. Saito.
MR. RICHARDS: Thanks, Riley.
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Hawaii County Council-32 February 19,2020
Res. 504-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT
Transfers $50,000 from the Special Counsel and Settlement Litigation,
Miscellaneous Contract account; and credits the same to the Workers
Compensation—General, Miscellaneous Charges account. Funds would be used
towards the increased compensation amount for Leong, Kunihiro, Benton &
Brooke as Special Counsel to the Department of Human Resources, Health and
Safety Division, Workers' Compensation Branch.
Reference: Comm. 762
Intr. by: Ms. David (B/R)
Waived: FC
Vote on Res. 504-20: Ms. Villegas moved to adopt Res. 504-20. Seconded by
(Adopted) Mr. Richards and carried by the following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
BILLS FOR The Acting Chair directed the Council to proceed to the next order of business,
ORDINANCES Bills for Ordinances (First Reading).
(FIRST READING):
Bill 133: 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 —Housing Choice Voucher Program
account ($48,101); and appropriates the same to the Voucher Rental Subsidies
account, for a total appropriation of$18,577,430. Funds provided by the
Department of Housing and Urban Development and Department of Veteran's
Affairs would be used for rental assistance for eligible participants.
Reference: Comm. 713
Intr. by: Ms. David (B/R)
Approve: FC-105
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Hawaii County Council-32 February 19,2020
Vote on Bill 133: Ms. Villegas moved to pass Bill 133 on first reading and
(Approved) adopt Finance Committee Report No. 105. Seconded by
Mr. Richards and carried by the following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
Bill 134: AMENDS CHAPTER 3, ARTICLE 1, OF THE HAWAII COUNTY
CODE 1983 (2016 EDITION, AS AMENDED), RELATED TO SIGN CODE
VARIANCES
Moves the authority to grant variances from the Sign Code from the County
Council to the Director of the Department of Public Works.
Reference: Comm. 714
Intr. by: Ms. Lee Loy
Approve: PWMTC-21
(Note: Comm. 714.1, from Council Member Sue Lee Loy dated February 13,
2020, transmitting proposed amendments to Bill 134, was circulated.)
Motion to Approve: Ms. Lee Loy moved to pass Bill 134 on first reading and
adopt Public Works and Mass Transit Committee Report
No. 21. Seconded by Mr. Richards.
ACTING CHR. DAVID: Ms. Lee Loy, any discussion?
MS. LEE LOY: Yes, please.
ACTING CHR. DAVID: Thank you. Go ahead.
MS. LEE LOY: Thank you.
Motion to Amend: Ms. Lee Loy moved to amend Bill 134 with the contents of
Comm. 714.1. Seconded by Ms. Villegas.
ACTING CHR. DAVID: Any discussion, Ms. Lee Loy? Go ahead.
MS. LEE LOY: Yes. Thank you, Chair. This is just the change that was
discussed in Committee. Robyn mentioned that we had some permits in the pipe,
and so we've amended this Section 6. And the ordinance shall take effect on
June 1st, which would allow the department to clear its debts as far as any permits
Page 36
Hawaii County Council-32 February 19,2020
within the pipe and then allow them an opportunity to educate the public on the
changes, along with refining any application forms that might be on the shelves
within the department. So, I am asking for your support. Thank you.
ACTING CHR. DAVID: Thank you very much, and thank you for that
amendment. Anyone else on the amendment? Seeing none, all those in favor
please say "aye."
Vote on Motion to The motion to amend Bill 134 with the contents of
Amend: Comm. 714.1 was carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
Vote on Bill 134: The motion to pass Bill 134, as amended to Draft 2, on first
Draft 2 reading and adopt Public Works and Mass Transit
(Approved) Committee Report No. 21 was carried by the following
voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
Bill 140: 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 —Hawai`i County Police Department
Roadblock Program account ($82,585); and appropriates the same to the Hawaii
County Police Department Roadblock Program account, for a total appropriation
of$282,585. Funds will be used towards driving under the influence roadblock
operations.
Reference: Comm. 763
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. Poindexter moved to pass Bill 140 on first reading.
Seconded by Mr. Richards.
Page 37
Hawaii County Council-32 February 19,2020
ACTING CHR. DAVID: Mr. Kaneali`i-Kleinfelder, go ahead.
MR. KANEALI`I-KLEINFELDER: I have a question. Is Ms. Sako in Hilo?
MR. BROWN: She just stepped out.
MR. KANEALI`I-KLEINFELDER: Let me know when she's back.
MR. BROWN: I'll try to get her back. I think she went back to her office.
ACTING CHR. DAVID: Okay, can we move to table this if she comes back? Or
you know what, can we just take a short recess, please? We haven't had one.
We're in recess for five minutes. Seven minutes. We're in recess. Thank you.
Recess: At 10:42 a.m., the Acting Chair called for a recess.
Reconvene: The meeting reconvened at 10:55 a.m.
ACTING CHR. DAVID: Aloha and welcome back to the County Council
meeting. We're out of recess at this moment, and we're going to continue.
Mr. Kaneali`i-Kleinfelder, I believe Ms. Sako is in our Hilo chambers now. Go
ahead.
MR. KANEALI`I-KLEINFELDER: Good morning, Deanna.
MS. SAKO: Good morning.
MR. KANEALI`I-KLEINFELDER: My question is stemming from at the last
meeting you gave us our budget summary for, was it October is the last one we
got?
MS. SAKO: That's the last one that's been agendized. I believe more have been
submitted, but yes.
MR. KANEALI`I-KLEINFELDER: Okay, so I looked over the agendized
October budget summary, and I read through that. And I got to the part on the
police roadblock program and the funds and how much is in that line item for the
budget item, and there had been hardly any expended. And I was wondering how
that's possible since we had so many roadblocks on Saddle Road from August to
October.
MS. SAKO: So, this particular grant is for DUI (Driving Under the Influence)
roadblock operations. And so, they have grant criteria they need to meet. I can't
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Hawaii County Council-32 February 19,2020
tell you all the specific ones right now, but they arrange which roadblocks will
qualify and it's frequently around holidays and other times where we want to keep
our motorists safe.
MR. KANEALI`I-KLEINFELDER: So, the HCPD (Hawai`i County Police
Department) Roadblock Program is only for specific roadblocks?
MS. SAKO: Well, this one is specifically for DUI. We had another grant for
seatbelts, another grant for talking on your cellphone while driving and other
different criteria. But this one is specifically for DUI checkpoints where you see
them set up usually in the evenings where there are homeowners, to make sure
they haven't been drinking and driving.
MR. KANEALI`I-KLEINFELDER: Those are the same ones that I got stopped
at on the way back from Council meetings, asking me if I'd been drinking and
where I was going, on Saddle Road.
MS. SAKO: I have no idea if those are the same ones. You'd have to ask the
Police Department.
MR. KANEALI`I-KLEINFELDER: I think they were DUI checkpoints. So, this
is a transfer from HDOT (Hawai`i Department of Transportation) to the HCPD
for roadblocks.
MS. SAKO: It's a grant, so we record the grant revenue and the expenditures as
they incur qualifying expenditures.
MR. KANEALI`I-KLEINFELDER: What is the current balance of the roadblock
program line item?
MS. SAKO: I'm sorry. I didn't realize that was the question, so I didn't bring
that with me. I can email you.
MR. KANEALI`I-KLEINFELDER: Maybe I'll send an email to you and to the
Chief to ask why and where those funds are being spent, and why that line item in
the budget isn't expended when we had so many DUI roadblocks on top of
Mauna Kea. Will that be better to get the answers I'm looking for?
MS. SAKO: Yeah, that's probably a good way to do it.
MR. KANEALI`I-KLEINFELDER: Okay, I will do that. Thank you.
ACTING CHR. DAVID: Do you yield?
MR. KANEALI`I-KLEINFELDER: Okay, I yield. Thank you very much.
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Hawaii County Council-32 February 19,2020
ACTING CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else?
Ladies in Hilo, no? All right, all those in favor of approving Bill 140 at first
reading, please say "aye."
Vote on Bill 140: The motion to pass Bill 140 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
ORDER OF The Acting Chair directed the Council to proceed to the next order of business,
THE DAY Order of the Day (Second or Final Reading).
(SECOND OR
FINAL READING):
Bill 135: 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 —Department of Health Complete
Streets account ($49,500); and appropriates the same to the Department of Health
Complete Streets-Federal account. Funds would be used by the Planning
Department to implement a"Quick Build" demonstration project to promote
walking, bicycling, and transit through safe, connected routes.
Reference: Comm. 717
Intr. by: Ms. David (B/R)
First Reading: February 5, 2020
Vote on Bill 135: Mr. Richards moved to pass Bill 135 on second and final
(Adopted) reading. Seconded by Ms. Poindexter and carried by the
following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
Page 40
Hawaii County Council-32 February 19,2020
Bill 136: 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 State Grants —Wireless E911 Fees account ($375,000);
and appropriates the same to the Wireless E911 account, bringing the total
appropriation to $1.875 million. Funds will be used to purchase a backup
generator for the fire dispatch center and furniture for the police dispatch center.
Reference: Comm. 718
Intr. by: Ms. David (B/R)
First Reading: February 5, 2020
Vote on Bill 136: Ms. Poindexter moved to pass Bill 136 on second and final
(Adopted) reading. Seconded by Mr. Richards and carried by the
following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: None.
REPORTS: The Acting Chair directed the Council to proceed to the next order of business,
Reports.
(There were none.)
REFERRALS FOR The Acting Chair directed the Council to proceed to the next order of business,
EXECUTIVE Referrals for Executive Session.
SESSION:
Comm. 738: STEVE F. LOYOLA VS. DARREN J. ROSARIO, ET AL.; CIVIL
NO. 16-1-0006
From Deputy Corporation Counsel John S. Mukai, dated January 28, 2020,
requesting an attorney-client confidential discussion to consult with the Council
to request that Hawaii County Fire Chief Darren J. Rosario be indemnified in the
above-entitled matter.
ACTING CHR. DAVID: Thank you. Please, a motion to file
Communication 738 and, let's see, accept the request? Or accept the ?
MR. HENRICKS: You can just do a general motion to file 738 and then see
where the Council wants to go with that.
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Hawaii County Council-32 February 19,2020
ACTING CHR. DAVID: Okay, perfect.
MR. HENRICKS: And then maybe a supplemental motion.
ACTING CHR. DAVID: Okay, all right.
Motion to Close Mr. Richards moved to close file on Comm. 738.
File: Seconded by Mr. Kaneali`i-Kleinfelder.
MR. CHUNG: What's the motion?
ACTING CHR. DAVID: It's a motion to file Communication
MR. CHUNG: Oh.
MR. HENRICKS: That's just to open up
ACTING CHR. DAVID: Just to open the discussion.
MR. HENRICKS: Potential for discussion and then see where it goes from there.
ACTING CHR. DAVID: Mr. Chung.
MR. CHUNG: Oh, no, I see that there's a request for an Executive Session, so I
wanted to address that if possible.
ACTING CHR. DAVID: Yeah, go ahead.
MR. CHUNG: Joe, can you come up? I just wanted to see what the reason was
for the Executive Session. I'm not inclined to vote for it, but if you can persuade
me otherwise, I'm all ears.
(Note: At this time, Corporation Counsel Joseph Kamelamela came
forward to address the members of the Council. Deputy Corporation
Counsel John S. Mukai also came forward, via videoconferencing from
Hilo.)
MR. KAMELAMELA: Good morning. Joseph Kamelamela, Corp.
(Corporation) Counsel.
ACTING CHR. DAVID: Good morning.
MR. KAMELAMELA: I'm not too sure my deputy's here yet, but
MR. CHUNG: Oh, you want me to wait until they
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Hawaii County Council-32 February 19,2020
MR. BROWN: Excuse me, Joe, he's here. Mr. Mukai is here.
MR. KAMELAMELA: Oh, okay.
MR. CHUNG: Do you want him to field that question or you?
MR. KAMELAMELA: So that I understand, right now the reason why we
wanted an Executive Session is to talk about the case as to the reasons we believe
he should be indemnified. There's a trial that's set for June 29�h.
MR. CHUNG: Okay but there's a lot of things that are on the record and have
been made public already. First of all, we read into the record what this is all
about, right?
MR. KAMELAMELA: Right.
MR. CHUNG: Former Fire employees versus Rosario, who is our Fire Chief,
requests discussion to indemnify Chief Rosario for the impending lawsuit. Those
are all things on record.
MR. KAMELAMELA: Yeah, those are open.
MR. CHUNG: Yeah, all open.
MR. KAMELAMELA: But if we were to get into the details of the lawsuit, then
those might involve strategy and things like this.
MR. CHUNG: Well, how about this: If it gets that far, then we'll go into
Executive Session. Is that okay?
MR. KAMELAMELA: I'm fine with that. I'm just wondering if myso, I do
see my deputy there. Can you identify yourself just for the record?
MR. MUKAL Yes, Deputy Corporation Counsel John Mukai on behalf of the
County of Hawaii.
MR. KAMELAMELA: Okay.
MR. CHUNG: I mean, I actually don't know how my colleagues feel, but that's
my feeling.
MR. MUKAL That's fine, Mr. Chung.
MR. CHUNG: Is that okay?
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Hawaii County Council-32 February 19,2020
MR. MUKAL Yeah, that's fine.
MR. CHUNG: Okay.
ACTING CHR. DAVID: So, okay, we're just going to vote on whether to—what
would be the motion, though?
MR. KAMELAMELA: So, the motion I think that we're going to talk about is
whether to concur with the recommendation of the Corp. Counsel.
ACTING CHR. DAVID: Corp. Counsel. All right.
MR. CHUNG: So, let's—what has been made public already? I know there was
a newspaper article about this many years ago, right? Before you came on, right,
Joe?
MR. KAMELAMELA: Yes.
MR. CHUNG: Yeah. Stop me if I'm going too far, okay?
MR. KAMELAMELA: Yes, so
MR. MUKAL Mr. Chung, I think the complaint is available for public review
also.
MR. CHUNG: Right.
ACTING CHR. DAVID: Okay. Perfect.
MR. CHUNG: Okay. So, that's open to the public.
MR. KAMELAMELA: Right.
MR. CHUNG: And again, stop me at any point, all right; you or John.
MR. KAMELAMELA: Okay.
MR. CHUNG: But my understanding is, I think, Loyola and might have been
Mr. Medeiros and maybe one or two more battalion chiefs—were they battalion
chiefs?
MR. KAMELAMELA: So, it is my understanding that they were battalion chiefs.
MR. CHUNG: Okay.
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Hawaii County Council-32 February 19,2020
MR. KAMELAMELA: And then, I do recall the name "Medeiros."
MR. CHUNG: Huh? What?
MR. KAMELAMELA: I do recall the name "Medeiros" coming up too.
MR. CHUNG: Medeiros, yeah. Okay. And this all stems from disciplinary
actions by the head of our Fire Department toward several battalion chiefs.
Correct?
MR. MUKAL Correct. Mr. Chung, it was administrative leave that was placed
on, in this case, Mr. Loyola for investigation.
MR. CHUNG: Right. And it's also public that one or more of these battalion
chiefs went to the Fire Commission to voice their concerns. I don't know if
concerns would be the correct word, but to criticize, maybe, the Fire Chief.
MR. KAMELAMELA: That's my understanding.
MR. CHUNG: Okay, and that's public. Thereafter, one or several of those
individuals were put on leave with pay.
MR. KAMELAMELA: I'm just familiar with Loyola.
MR. CHUNG: Yeah. And my further understanding is—and I think this all came
up because I brought this matter up, when your predecessor was here, about the
proprietary of that kind of action. So, my further understanding is that an
investigation was done while they were on leave with pay?
MR. MUKAL Correct.
MR. CHUNG: Right. And the basis for the disciplinary action was that it went
contrary to the interest of the Fire Department.
MR. MUKAL It's actually the Hawaii Fire Department rules and regulations.
MR. CHUNG: It's in their rules and regulations, okay, which is, again, public.
Right? Promulgated by the Fire Department, right?
MR. MUKAL Yes, correct.
MR. CHUNG: So now, you have the Fire Department's rules versus freedom of
speech. Just based on all of those things, Joe, I'll tell you right now I cannot vote
to indemnify our Chief. I love him. I mean, we respect him. I respect him. I'll
be willing to consider it after the findings are made in court of exactly what
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happened, what findings are made. If he's exonerated on certain findings, fine.
But if not, how can I put the taxpayers on the hook for possible punitive damages?
I mean, you can give your spiel on this, but freedom of speech
MR. KAMELAMELA: Well, that's something that we should discuss in
Executive Session. Because they have counselI'm assuming that Mr. Loyola is
represented—at least we can present what the issues are.
MR. CHUNG: I think,just on that basis, I have a very difficult time. I don't need
to know more.
MR. KAMELAMELA: But to me, it's a little bit more complex than that.
MR. MUKAL I think, basically, the Chief was acting within his scope and
authority as the Chief of Police, as he felt there were violations of Hawaii
Department regulations, specifically Sections 7, 1, 2, 3, 8, and 19.
MR. CHUNG: What do those sections say?
MR. MUKAL Section 7, "keep themselves in readiness to perform duties "
MR. CHUNG: John, you've got to speak a little louder. I can't hear you over
here.
MR. MUKAL I can have those rules sent to you, Mr. Chung. But I think,
basically, the issue is that Chief made these decisions based upon his role as the
Hawaii County Fire Chief in trying to keep a good and functioning organization.
So, I think that's basically what we're looking at.
MR. CHUNG: But couldn't it be argued, though, that in having a good
functioning department, whether it's the Fire Department, Police Department, any
department, wouldn't it be good if the people who are within the department can
express their concerns about various matters so that we can look for continual
improvement? I mean, I'm just saying there's another argument that could be
made.
MR. MUKAL I agree. But just because arguments and allegations are made
doesn't make them true. I think, in this case, we're looking at whether or not
Chief was acting within his capacity as the Hawaii County Fire Chief in making
these decisions.
MR. CHUNG: But then let the court, yeah, make the decision. And if the court
determines that he was in the right and he gets hit with non-punitives or
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something, then we could maybe make a decision at that time. But to go right
now prior to us having any findings, it's all conjecture I think. It's only, again,
my opinion.
MR. KAMELAMELA: Yeah. And so, there are certain things that I don't want
the public
MR. CHUNG: You want to go into Executive Session and talk about it?
MR. KAMELAMELA: Yes.
MR. CHUNG: That's fine.
ACTING CHR. DAVID: All right. Can I—then, can someone please make that
motion?
MR. KAMELAMELA: Because you raise good questions, but I'm concerned
that if we discuss certain things, the other side is going to know what
ACTING CHR. DAVID: Okay, Mr. Kamelamela. Mr. Kaneali`i-Kleinfelder, go
ahead.
Motion to Enter Mr. Kaneali`i-Kleinfelder moved to enter into Executive
into Executive Session in order to hold attorney-client privilege discussion
Session: regarding Communication 738, as authorized by
Section 92-5(a)(4) of the Hawaii Revised Statutes.
Seconded by Ms. Poindexter.
MS. LEE LOY: Chair?
ACTING CHR. DAVID: Yes, Ms. Lee Loy.
MS. LEE LOY: Thank you. As a full disclosure, some of the underlying claims
that were discussed in public, I actually worked on this particular matter. So, out
of an abundance of caution and pursuant to Rule 10, I will not be entering into
Executive Session and not voting on this matter. Thank you.
ACTING CHR. DAVID: Excuse me. Ms. Lee Loy, some the Council
Members—Mr. Chung said could you please kind of clarify the request?
MS. LEE LOY: Yeah, thank you for that. Prior to joining the Council, I actually
worked as an independent contractor to Mr. Loyola and Mr. Medeiros's attorneys
in a merit appeals case. And I believe that some of the underlying issues here,
which is what will be discussed in Executive Session, and based on that and based
on my discussion with Corporation Counsel,just to keep the record nice and tight,
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Hawaii County Council-32 February 19,2020
I'm making full disclosure of my participation with the individuals in this matter
and, pursuant to Rule 10, I would like to be excused from Executive Session and
not vote on this matter.
ACTING CHR. DAVID: Thank you very much. You are excused, I think, and
thank you for disclosing that. So, you will be please note that Ms. Lee Loy is
excused from Executive Session and from also
MR. HENRICKS: Excused from the vote.
ACTING CHR. DAVID: From the vote also, and she's not participating in
Executive Session.
MR. HENRICKS: Thank you, Madam Chair.
ACTING CHR. DAVID: Thank you. Okay. Now, the remaining Council
Members, all those in favor of entering into Executive Session please say "aye."
Vote on Motion to The motion to enter into Executive Session was carried by
Enter into the following voice vote:
Executive Session:
(Approved) Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Poindexter, Richards, Villegas,
and Acting Chair David—7.
Noes: None.
Absent: Council Member Eoff— 1.
Excused: Council Member Lee Loy— 1.
ACTING CHR. DAVID: We're going to take a recess while we go into Exec.
(Executive) Session. We're in recess.
Recess: At 11:15 a.m., the Acting Chair called for a recess.
Reconvene: The meeting reconvened at 12:24 p.m.
ACTING CHR. DAVID: Thank you. Council Members, we're out of Executive
Session at this time, and we're ready to proceed. Thank you, Mr. Kamelamela
and Mr. Mukai. Now--oh, wait. Are we live? Okay, perfect. Thank you. All
right. So, given our discussion, Council Members, is there any motion to concur
with the recommendations of Corp. Counsel? Hearing no motion, this body
declines to take this matter up, and I'm going to take a vote on closing file on
Communication 738. All those in favor,please say "aye."
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Hawai`i County Council-32 February 19,2020
Vote on Comm. 738: The motion to close file on Comm. 738 was carried by the
(Filed) following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Poindexter, Richards, Villegas,
and Acting Chair David—7.
Noes: None.
Absent: Council Members Eoff and Lee Loy —2.
Excused: None.
OTHER The Acting Chair directed the Council to proceed to the next order of business,
BUSINESS: Other Business.
(There were none.)
ANNOUNCE- The Acting Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
(There were none.)
ACTING CHR. DAVID: Seeing no further business, please, a motion to adjourn?
ADJOURN- There being no further business, at 12:25 p.m., Ms. Villegas moved to adjourn the
MENT: meeting. Seconded by Ms. Poindexter and carried by the following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Poindexter, Richards, Villegas,
and Acting Chair David— 7.
Noes: None.
Absent: Council Members Eoff and Lee Loy —2.
Excused: None.
ACTING CHR. DAVID: We are adjourned.
Council Approval: MAR 1 1 2020
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