HomeMy WebLinkAboutMIN COUNCIL 2020-03-11 2018-2020 Hawaii County Council
33`'d Session
Hawaii County Building
25 Aupuni Street
Hilo, Hawai i
March 11, 2020
INVOCATION: Pastor Eric Anderson of the Church of the Holy Cross gave the morning's
invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 9:01 a.m., in the Council Chambers, Hilo, by Mr. Aaron Chung, Chair.
ROLL CALL:
Present: Mr. Aaron S. Y. Chung, Chair
Ms. Karen Eoff, Vice Chair (via videoconference from Kona)
Ms. Maile Medeiros David, Member
Mr. Matt Kaneali`i-Kleinfelder, Member
Ms. Ashley L. Kierkiewicz, Member
Ms. Susan L. K. Lee Loy, Member (came in later)
Ms. Valerie T. Poindexter, Member
Mr. Herbert M. "Tim" Richards, III, Member
Ms. Rebecca Villegas, Member (via videoconference from Kona; came in later)
Absent & Excused: None.
PLEDGE OF The Acting Chair directed the Council to the next order of business, Pledge of
ALLEGIANCE: Allegiance.
(At this time, Ms. Poindexter 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 (There were none.)
OF MERIT, AND
EXPRESSIONS OF
CONDOLENCE:
Hawaii County Council-33 March 11,2020
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:
N.J. Moses: Res. 511-20 (Comm. 778); and
(representing Self Discovery Res. 513-20 (Comm. 780), in support.
through Art)
Nidhi Chabora Res. 511-20 (Comm. 778); and
(representing Self Discovery Res. 513-20 (Comm. 780), in support.
through Art)
Luana Jones: Res. 512-20 (Comm. 779), in support.
(representing Hui Aloha `O Puna)
Terry-Lee Shibuya: Res. 519-20 (Comm. 787), in support.
(representing Hana Laulima Lahui
`O Ka`u)
Kawena Ibarra: Res. 519-20 (Comm. 787), in support.
(representing Hana Laulima Lahui
`O Ka`u)
Relinquish Chair: At this time, Chair Chung relinquished the chair to Ms. David.
Ana Nawahini-Kahoopii: Res. 509-20 (Comm. 773); in opposition.
Maxine Kahaulilo: Res. 509-20 (Comm. 773); in opposition.
Relinquish Chair: At this time, Acting Chair David relinquished the chair to Chair Chung.
Pi`ikea Keawekane-Stafford: Res. 509-20 (Comm. 773); in opposition.
Michael D'Amico: Res. 507-20 (Comm. 770); in support.
(representing West Hawaii
Explorations Academy)
Riley Larsen: Res. 507-20 (Comm. 770); in support.
(representing West Hawaii
Explorations Academy - Robotics)
Beck Scarborough: Res. 507-20 (Comm. 770); in support.
(representing West Hawaii
Explorations Academy)
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Hawaii County Council-33 March 11,2020
Blue Jennings: Res. 507-20 (Comm. 770); in support.
(representing West Hawaii
Explorations Academy - Robotics)
Julia Pinkerton: Res. 507-20 (Comm. 770); in support.
(representing West Hawaii
Explorations Academy)
Cory Harden: Res. 510-20 (Comm. 777);
Bill 134, Draft 2, (Comm. 714.2); and
Bill 137 (Comm. 728), comment.
Abolghassem Abraham Sadegh: Res. 509-20 (Comm. 773);
Res. 519-20 (Comm. 787);
Bill 133 (Comm. 713);
Bill 134, Draft 2, (Comm. 714.2);
Bill 139 (Comm. 759);
Bill 140 (Comm. 763); and
Bill 149 (Comm. 795), in opposition.
Marlene Hapai: Res. 520-20 (Comm. 788), in support.
(representing the Hawaii Island
Portuguese Chamber of Commerce)
Torey Keltner: Bill 140 (Comm. 763), in support
(representing the Hawaii Police
Department)
Juergen Canda: Res. 509-20 (Comm. 773), in opposition.
CHR. CHUNG: Okay. You know, we have Mayor Kim here, who's asked to
make a presentation on our COVID-19 situation and we certainly want to hear
what he has to say. But quickly while he's coming up, why don't we take up
Approval of Minutes so we can get that out of the way. Yes, and we're going to
close public testimony. Thank you very much.
APPROVAL The Chair directed the Council to proceed to the next order of business, Approval
OF MINUTES: of Minutes.
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Hawaii County Council-33 March 11,2020
Vote on Approval Ms. Lee Loy moved to approve the Minutes of
of Minutes: February 5, 2020. 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.
Vote on Approval Ms. Lee Loy moved to approve the Minutes of
of Minutes: February 19, 2020. Seconded by Mr. Richards 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.
MAYORAL At this time, the Chair called Mayor Harry Kim forward to provide an
ADDRESS informational address to the Council and the public regarding the County's efforts
REGARDING to ensure the public's safety as it pertains to the worldwide Coronavirus
COVID-19 pandemic.
(CORONAVIRUS):
CHR. CHUNG: Okay. Mayor Kim, go ahead.
MAYOR KIM: Thank you very much, Mr. Chairman. First of all, thank you for
this time. I'd like to go a little backwards on people, introductions first. To
introduce the people behind me, because these are the members who are leaders,
all of them participant parties of the task force created to address this issue. And
excuse the people at my back, I asked them to stand up when I call their names to
you know who they area.
Eric Honda if from the Department of Health. He's our Department of Health
liaison that we have been meeting with every day including Saturdays and
Sundays for over a month now. Dr. John Martell was supposed to be here, but I
notified him last minute, so he just couldn't make it. He's the Chief of Staff at the
Hilo Medical Center. Next is Deputy Fire Chief Lance Uchida. He heads one of
the most important task forces in regards to developing programs for prevention
and education. Deanna Sako as you know is your Finance Director. She's the
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Hawaii County Council-33 March 11,2020
task force leader in finances, procurement and supply management. Diane Ley,
who is responsible for the task force on Coronavirus pamphlet design and
production. Horace Farr,task force leader of the Elderly Activity communication
and information. Rose Bautista, is on that task force; task force leader for all
adult home care facilities. Bill Brilhante, task force leader on employee policies
and communication, and a call center assistance at the EOC (Emergency
Operations Center). Deputy Police Chief Kenneth Bugado; Talmadge Magno,
Civil Defense Administrator; and Roxcie Waltjen, Director of Parks and
Recreation; David Yamamoto, Director of Public Works, and also responsible for
all the sign production; Sharon Hirota, the County Homeless Coordinator,
programs related to the homeless.
Specific appointment were made on specific tasks this past weekend in regards to
what they have to do. I think you know that we collectively, meaning I would say
the Council, it is from January 31"that we have been doing certain things in
regards to daily morning briefings. It is from that day on of seven days a week for
them, including with the Administrator from the Department of Health.
I'm going to read something that after I leave here will be taken to the radio
stations for broadcast, and I read to you:
"This is a message from you County Government to all the people of Hawai i
Island. This is about the coronavirus. At this state, there are no confirmed cases
of coronavirus in Hawaii County, but our community must come together to take
action to prevent its potential spread. It is known that two confirmed cased have
been identified on the Island of Oahu. We will not be able to stop the virus from
getting to Hawaii Island, but with your help, we will minimize its impact on
families and our community.
"The County of Hawaii is fully committed to working with State, Federal and
private partners. Your County has activated task forces to provide coordinated
medical responses, educational and prevention programs. As community
partners, you can make a positive difference right now by staying informed,
following health advisories and taking action to protect yourselves, your family,
and your community.
"Understand that most people who get the virus will not even know they have it.
So we must be smart as we go about our everyday activities. Simple things like
washing hands, disinfecting counters, greeting our friends with a wave instead of
a handshake or a hug, can really make a big difference.
"Additionally, all gatherings should be evaluated on two issues. First, should it be
held? Secondly, if it is to be held, under what conditions, and what measures can
be taken to minimize risk to people. Your County Government is now evaluating
all activities under its authority.
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Hawaii County Council-33 March 11,2020
"This is a community issue and it will take community involvement. That's the
key. You will make that difference. Thank you for your help. I thank you for
your caring and I thank you for listening. This is your Hawaii County
Government."
As you know, today the World Health Organization classified the coronavirus as a
pandemic issue. All the efforts from the people behind me, and you and
everybody else in government, and asking the whole community to get involved
in this. Obviously the State government is heavily involved. They are our lead
agency in regards to all expertise on the disease itself. But as you know the
Governor also declared a state of emergency.
I think one of our greatest responsibilities is to make sure we give timely and
credible information and the best advice as possible, and programs to try to
minimize the wrong information which causes anxiety and fear and everything
else. Outside of that, our responsibility for everyone is to do everything we can in
regards to normalcy of working. So it's a very, very complex issue in regards to
what can happen.
I'm asking this Council for involvement with us in any way that you feel you can
or should; let us know. If you feel that we are not communicating with you more
and we should, please let us know. I'm sure you know most of the task force
members, if you have ideas you can go directly to them, because the goal is for a
total involvement of community as well as all governments.
The task force members were asked to come here today to explain to you
basically what they are doing, and I'm going to ask the Deputy Fire Chief to come
up here because he heads the most important task force, and that is all in regards
to prevention programs and education programs.
(Note: At this time, Deputy Fire Chief Lance Uchida came forward to
address the members of the Council.)
DEP. CHIEF UCHIDA: Good morning, Council Chair, Council Members.
Lance Uchida, Deputy Fire Chief with the Hawaii Fire Department. So like the
Mayor mentioned, he's put the department in charge of what he's calling "Task
Force L" What we're looking at doing is public education, training, and basically
community outreach. Our first task was to put together a multi-disciplinary team,
which we've done, led by the Fire Department in conjunction with the
Department of Health, the Mayor's Office, Hilo Medical Center, and Civil
Defense.
From there, we established some goals and objectives and with that, you know,
the first goal is to establish an island-wide education and prevention program for
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Hawaii County Council-33 March 11,2020
public, private, businesses the entire community. Basically community risk
reduction, that's what we're looking at.
What we want to do again, another goal is establish calm in the community, yet
emphasize the importance of this issue. We want to think proactive. We want to
think ahead. We're already a little behind, being how widespread this incident is,
but we've still got to think ahead.
What we did next was we identified our target audience. What we did also is
prioritize. So we came up with seven different distinct groups, the first group
being the most vulnerable, our kupuna. So we identified the elderly community.
We're working with the Office of Aging, we're working with the care home
providers, and we're even planning to reach out to the skilled nursing,
intermediate care like the life care centers, etcetera. Everywhere that we can have
vulnerable kupuna. I mean obviously with the data with CDC (Center for Disease
Control), those are the most vulnerable populations at this point.
Opposite of that though, we also want to network with the keiki. When I say that,
all the educational institutions: DOE (Department of Education) but not only the
DOE. DOE has resources, but what we want to reach to are the charter schools,
the private schools, even up to the University; and the preschools in itself as well.
Our third group, which that's a beast of a group, but that's the business
association and everything that falls within that. When you're talking about
airlines, transportation, hotels, food establishments, you name it. The Mayor
spoke to us this morning, and that's a big part. They have meetings later on today
to talk to the business associations. Everything that has large gatherings.
Okay, our fourth vulnerable population that we identified is the homeless
population. Those are people with limited resources. Obviously vulnerable. So
we're already networking with our County Homeless Coordinator, Sharon here,
Hirota. We're looking at the social service providers: Hope Services, etcetera.
Our fifth group,the civic groups. Again a large group for like churches and
nongovernment organizations: VOAD (Voluntary Organizations Active in
Disaster, the Rotaries, Kiwanis, that type of civic groups that we're looking at to
network and outreach.
Our sixth group is an important, critical infrastructure, that's our public safety.
Yes, they're informed; yes, they are a part of this. We just want to make sure law
enforcement; DLNR (Department of Land and Natural Resources); fire
departments, not only our Fire Department but our partnering agencies, State Fire,
airports, PTA (Public Transit Authority), all within that's going to fall within the
public safety group. Make sure that they have their protocols and if they have
questions, that's what our job is in this task force, to make sure they're getting
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Hawaii County Council-33 March 11,2020
proper information and the training that they need to keep their people safe.
Correction officers, all that lumped into our public safety group.
Our seventh group, our last group that we looked at is any planned large
gatherings. The Mayor has put out a statement today about those large
gatherings, the two considerations that we have to look at. But if they're going to
have it and they meeting the criteria, we want to meet with the organizers to make
sure that they can keep their participants, the people who set up, make sure that
they're safe.
As far as a training program, what we're looking at, you know, we want to
identify a clear, concise updated message. We want to be in line with the Hawai`i
Department of Health and that's why they're a big part of our multi-disciplinary
team. We're not going to move without them. We're not going to create our own
message. It's going to be from CDC, Department of Health, to the County, and
then out.
The theme that we looked at, you know,just listening to the Mayor talk also, this
is a community issue. We need everybody involved. Everybody engaged.
They've got to get informed, got to get prepared. It takes everyone to help keep
us safe.
As far as the training curriculum itself, we're working with the Department of
Health to build that. That's almost finalized. It should be finalized today if not
tomorrow. We're looking at information about the disease, the latest updates, and
from there we want to go to prevention. We want to look at all the general
hygiene stuff that everybody's been hearing, but to make sure we're sending the
same common message: wash your hands, don't touch your face, maintain social
distancing. You know what they say, you touch your face 90 times a day is what
they say. You don't even realize that, right? So make sure we wash our hands,
stay home if you're sick.
Then a big part, and that's why we're talking about training, is about how you
disinfect common touch areas. So we want to be able to have props and things
from the EPA (Environmental Protection Agency) and CDC of all the different
disinfectants that you see that you can hear in the community and the news,
they're having problems with accessing proper disinfectants. So we want to give
people, or the community solutions, real solutions. Not that we create, from
CDC, through the Department of Health, from the EPA.
From there we want to address, so what do you do if you're sick? And we know
we're going to have questions about that. So what do I do if we're sick, right?
And we want to make sure that we're in line again with the hospitals. We don't
want to overwhelm the medical care facility. That's again a critical infrastructure.
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We don't want to overwhelm them. We don't want to contaminate them if it's not
needed. So that's our plan with that.
And of course questions and answers, allow opportunity for dialog and see what
the needs of the community or the particular group, what are their needs. Do they
need more resources, do they need more training.
With that too, also as important,track the data, making sure that we are
performing the proper outreach. And of course we know this thing is going to be
big, but like the Mayor said before, it's going to be—it is a community issue, and
it's going to take all of us to get through this.
So that's what we have set up. Our first training is targeted for this Friday
already. We'll be in Aupuni Center, and we have a whole group starting with the
Office of Aging staff coming in from Friday, and we're moving forward. Any
questions?
CHR. CHUNG: Lance, you know, you said you had seven groups, right? What
were those seven again? I have the elderly
DEP. CHIEF UCHIDA: Group number one is the elderly; second group we're
categorizing is the keiki, basically everything that falls within the educational
system. University included, not so much keiki, but still fits in with that group.
Third group was the business associations. That's the big one. Yeah, I mean I
didn't all of them, but we're talking about the malls, the food—I mean, it's huge
when you think about everything that's included in that. Farmers market also was
brought up.
The fourth group was our homeless population.
CHR. CHUNG: Then you had the civics, public safety, and then planned large
gatherings, right?
DEP. CHIEF UCHIDA: Correct.
CHR. CHUNG: Okay. Because I know we're going to have some questions and
I know something is going to come up about Merrie Monarch, right? Obviously.
So be prepared.
You know, I have one question before I call on Ms. Poindexter. What about our
health care providers? That has to be a group, right? Because I'm understanding
from the mainland, you have hospitals whose staff has been decimated to the tune
of large percentages, and they're going to be the front line, right, in case. Is
anything being done about—I mean are they identified as a group? Because if we
don't, we've got to get them onboard.
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Hawaii County Council-33 March 11,2020
DEP. CHIEF UCHIDA: Yeah, definitely. And that's a very good point. That's a
very critical infrastructure. I guess because as far as the Fire Department, we put
our protocols out there, they have the appropriate PPE(Personal Protection
Equipment), we have our dispatch center for the Fire Department doing
surveillance, meaning that we have an infectious disease protocol. So when the
call comes in and it matches certain trigger points, like flu-like symptoms, they
segue into different questioning to ask about recent travel history. Just to give the
heads up to the responders that they utilize the proper PPE. I mean you can have
times where you can imagine somebody can be sick in a car accident, we're not
going to have that information. So there are still risks for the providers. What we
do is, as far as the Fire Department and EMS (Emergency Medical Services), if
we have any information our protocol is to let the receiving hospital know that we
have a potential patient so everybody can get ready.
CHR. CHUNG: Yeah, good.
MAYOR KIM: Mr. Chairman, comment on that?
CHR. CHUNG: Yes, okay.
MAYOR KIM: First of all, I wish that Dr. Martell was here because I think we,
the community, should be really proud of what the hospitals are doing. We got
their instructions, which we delivered. All care homes will get the same
instructions. But if you've been to the hospital lately, I think you'll be impressed,
sir, because they stop you at the entrance and they question you in regards to how
you feel, this and that. And they have a policy that if you do have any kind of
problems health-wise, you're not allowed in. They've changed their visiting time,
they've changed the element of how many can see the patient regardless of no
more than one visitor per. And of that control group, because they fully realize,
Chairman Chung, what you said, the criticalness of keeping their people healthy.
CHR. CHUNG: Okay, Ms. Poindexter.
MS. POINDEXTER: So what are we doing, or is there protocol in place for how
we deal with the HIPAA (Health Insurance Portability and Accountability Act)
violation. Because you know, I have—let me just tell you about this case. And
Mayor, I emailed your office and you asked me to work with Maurice (Messina),
which I have been. Because I have two people in my community who are
reaching out to me who are very sick, have been sick for two weeks now and have
not been seen or tested for that virus.
So when they did call—they went to urgent care,tested negative for the flu and
strep which was great, because one of them has an autoimmune, some type of
problems with it, whether it's a deficiency or whatever I don't know. There's this
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thing she shared and I asked if I could share this story but not use her name. And
she was saying yes, please. They're begging.
I'm messaging her throughout the day yesterday, today already again. I mean,
she's getting desperate. She just this morning called Lieutenant Governor's
Office to say, "Help me,"because when she went to urgent care they sent her
home. She was seen on March 1st at the Hilo Medical Center where she was not
tested for the flu or coronavirus she says, now were any precautions taken at that
time. I guess they were still working on it. She said she called her primary care
physician on Monday per Talmadge's advice because she spoke to Talmadge on
the hotline. Which is great, we have that hotline. I love that we have all these
things in place, but they're still falling through the cracks. You know, so
somehow some communication with Department of Health, and that's why I'm
saying the physician or whatever, we're dealing with some HIPAA laws as well.
And I'll finish and then I'll let you address this. Then her primary doctor turned
her down and said, "No, we cannot see you because you sound like you're too
sick." But she said they would turn all her records over to the Department of
Health and asked her to stay home and cancel everything she had scheduled. She
called the Department of Health that day and did not hear from them till this very
day. So nobody's calling her, right?
So then she's panicking because they're sick. They've been sick for two weeks.
And she said, yeah, she called the Department of Health and they did not hear
from anyone. So today like I said, she called the Lieutenant Governor's Office
and she's hoping that somebody can reach out to her.
When I talked with MauriceI have her number, but you know, people are afraid
of calling her to talk to her because of a HIPAA violation. Which I don't see it's
a HIPAA violation because they called in our hotline. So I would think our
hotline can follow up and say, "Hey, did this get addressed?" So I don'tI know
we have wonderful things we're setting up and in place, but if we don't follow up,
somebody's they're falling through the cracks. Right now I have two people so
far reaching out to me that are panicking right now. And I don't blame them
because we don't know how fast this virus can take effect on their body,
especially if she's saying she has some immune deficiencies or complications.
So how can we follow up with this, Mayor? How can we make sure that our
people who are calling the hotline don't fall through the cracks and they're doing
everything we're asking them to do, but there's no follow up. Thank you.
MAYOR KIM: First of all, I'm going to answer the one part of the question, then
refer it to the Chief here, because that person, a phone number has been referred
to them.
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What we should all be aware of, and I'm not making any excuses at all, you know
no matter how complete we are there will always be cracks. That's the nature of
everything, of people, communication. But the policy is this: first of all, until
yesterday the testing procedures for this nationwide and maybe a little more
Hawaii because we're such an isolated island, had been brought to the attention
of CDC who is the main coordinator of that, of approval etcetera, etcetera, that
Hawaii was—we had to wait approximately a week because we had to send a
sample there initially, and then to come back. That has been greatly improved by
the CDC where just yesterday an announcement was made that the private
companies of Diagnostic and Clinical (Labs) will have the ability. So that will
greatly cut down time and those factors.
In regards to those kinds of cases of the policy up to this point—and I don't know
how it would be adjusted but hopefully it will be much, much better—if there
only were a person, and I look side-eyed at the Chief here and the Department of
Health, Eric if I say anything wrong, please just raise your hand and hit me on the
head. But you know,the policy has been that the doctor is the one that makes the
recommendation of whether a person should or should not be tested, because it
was such a limited number that could be tested and we couldn't overflow. When
you have that kind of human judgement and change of a person's conditions, hour
to hour or day to day, I'm sure that can cause mix-ups and again, gaps.
So again, that's the policy till now, until—and I think it will be changed that a
medical doctor is what makes the determination whether it warrants testing or not.
Chief?
MS. POINDEXTER: Can I just interject then? Because make sure that our
physicians are aware of that, because this physician according to my constituent
was told that he needed to report and turn everything to the Department of Health.
So you know, did this physician know that he had that ability to order that test?
MAYOR KIM: No, he did say right. I didn't clarify enough, I guess. A
physician must make the request to the Department of Health in regards to their
system of whether the test will be approved or not approved. So that's correct.
MS. POINDEXTER: Right. And so making sure that our physicians throughout
our island are educated about that. That's part of your educational program?
DEP. CHIEF UCHIDA: That is absolutely correct, and that is something that
when we run through the scenario in our training, we're going to have question
about if I'm sick, what do I do? And we're telling them in our training to contact
your personal care physician or your PCP, we've all got to be on the same page
when we do that. So we need to shore up that to make sure somebody doesn't fall
through the cracks, and we'll do that. We don't want to over promise and under
deliver that we'll have resources for everybody. I think the direction where we're
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Hawaii County Council-33 March 11,2020
headed, we're going to have a lot more cases like that out there, so we need to
shore that up.
MS. POINDEXTER: Thank you.
CHR. CHUNG: You know, before I call on Mr. Kaneali`i-Kleinfelder, I think
what Ms. Poindexter brought up underscores first of all where we're at in terms of
protocols, right, because this is a work in progress. Everybody knows that. But at
the same she brought up the need for maybe greater coordination and
communication between the County and the State. Not saying that it's not
happening right now, but it's a learning process, right? This thing is evolving just
like this virus is evolving. But I think the main thing is we've got to really protect
our healthcare providers. We cannot just have guys willy-nilly going over.
That's why I give credit to these two individuals. They're kind of staying put.
And it kind of makes me think, and I don't want to cause hysteria or anything like
that, but inasmuch as we haven't been testing people, I'll bet you there are a lot of
people who had flu-like symptoms who were tested and were negative for the flu,
but because we didn't have the testing equipment or protocols in place for
COVID-19, it makes me very scared. I can almost—my intuition tells me that we
have more than two people in the State of Hawaii who have COVID-19. And
that's not to make things crazy, but we are in for more rough times before it gets
better. That's for sure.
But before we even go further, I've got to say this to the Administration: Mayor
you came here one month ago, right? Asked for an emergency meeting with the
Council. That was before any of the other counties did that. I wanted to give you
credit for that. You know, since that time, since the time you came, it was
nothing. It didn't even hit the newspaper when you think about it, you know,
your presentation to us. Look what has happened since that time. One month and
a few days later. This thing is a pandemic. Everybody's afraid of everything.
You know, you look at businesses. You know, Maile and I were at Hula Hula's
last night—yeah, yeah, yeah, and having a few drinks, but you know, businesses
are just being hurt. You can just see it.
But you, I've got to give you credit, Mayor. You were here very early. You were
the first Mayor in the State of Hawaii to declare an emergency, even three days
before the Governor did that, right? So I really appreciate you guys being on top
of this. But at the same time, you know,just listen to what people are saying,
because you know, we have to keep on evolving our protocols, right, with the
needs. Okay, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I'm going to offer my
advice. Clear communication equals less anxiety. If the desire is to calm
everyone down, then inform us of what's happening. That's simple, that's easy,
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Hawaii County Council-33 March 11,2020
and I would just use that from here forward. If you want everyone to be calm, let
us know what's happening.
A good example, pictures of hazmat suit personnel spraying down parks blowing
up all over Facebook, and everyone asking questions on what is going on—with
cruise ships in the background. It's just a public desire to know what's
happening. It's not political, it's not sensationalism, it's just keeping everyone
informed of what's going on. That way, they can base their decisions on facts and
they can react accordingly. I think that's very important.
I have a lot of questions. You've answered a few of them. Thank you, I'm glad
we have task force put together. My big questions are, as Aaron stated, we didn't
have test kits and that was an issue. We couldn't get them for weeks. We have
FedEx overnight and we can't get things back and forth, and we have technology,
so I've been treating this like it's here already. And that's what I've been doing
with my family, and that's what I'm telling anyone that asks me. That's the best
think that you can do. Just treat is like it's here, protect yourself, take care of
yourself. Don't go crazy, don't hoard,just be prepared.
Big questions that I see coming. If you're sick is there coverage for you if you
have to stay home. Because if you can't feed your family and you don't have
money, then you're not going to go home to be sick. You're going to continue to
try and work, and that is going to be most of the people on this island. Two, it
would be the secondary, which is the businesses. What happens to the businesses
after that? There will be no income for the business, so the employees won't have
funds and the businesses will not have funds. Those are two big questions that I
see coming. I'm not asking you to answer that now, I'm just saying those are
things that I see coming.
Three, all the keiki are going to go home. We have spring break coming. They're
closing—like Italy has closed almost their entire country. You're seeing massive
school closures. If that were to happen, then one, a lot of those kids rely on
school lunches to make it through the day so how are we taking care of our kids
and are we prepared for that.
I'm a dad. Okay, I'm a dad, my wife is incredibly preparative. She went through
Iniki. She survived, and she prepares like many other people's wives and
families, and she's worried. So a lot of my questions come from that side, my dad
side.
Then there's a few questions that are out there that I'd like to get an answer to.
When the cruise ships come by, how far off of the coast do they dump their gray
water and where does it go? A lot of members in Val's community were
wondering about that, and that's a pretty valid question. Is that water being
dumped close to our shores? Is it in our water? Is it in our sea life? And is it at
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Hawaii County Council-33 March 11,2020
our coastlines? That is an interesting question. If you have an answer for that, I'd
love to hear it.
MAYOR KIM: Councilman, I assure you that your concerns are shared by a lot
of people. I'm just taking them one at a time. First of all school closures, the plus
and minuses before decisions are made. We're conveying to Oahu that families
here, the make-up, isolated areasI always give Puna or Ka`u as good examples
as the type of lifestyle they have. For example, it reaches a shock for most people
when they say maybe half, maybe more, maybe less. Some of the people in Puna
don't even running water. That kind of thing. Say what percent of the families in
Ka`u or wherever else where they qualify for free lunches and breakfasts. I was
shockingly surprised—I'll take Ka`u where over 90 percent of the families
qualify. That's unbelievable to many in the urban areas.
I just need to you know that before decisions are made, we will make sure we
make our input. A lot of that is—you know, the schools obviously are run by the
state, but the consequence of it is generally county, and that will need to be
discussed and addressed.
In regards to the cruise ships, yesterday I met with cruise ships, but I didn't ask
that question. But I don't know if anybody knows that, but those are obviously
not controlled by county. Does anybody know the answer the answer to the
question how far off shore they are allowed to dump? I'll find out for you.
In regards to the other—as to things of economy, I think I've told enough people
to realize that this is way beyond disease. This is a consequence of every action
we take and what is happening. I'm talking to the cabinet this morning and other
people of the workgroup, of already people suffering because business is down,
especially in certain services. And they know, I've told them how lucky we are.
By "we," I meant government workers, because our pay check is not based on
something so fragile as when you have customers for the day.
So I appreciate you mentioning those things, I'm not trying to be insulting here,
so please don't interpret it as such, but it's really nice to see such caring. And that
is because you thought about those things. So know that we shared. Your
questions that I could not answer, I'll find out and get it back to you. But I think
those rules and regulations of the waste product is controlled by EPA, and
hopefully they're taking into account these kind of things.
And with that if I may, Mr. Chairman, you know, I did say the World Health
Organization has classified this as a pandemic, and I think I needed time to very
briefly explain what they mean by that, because the worse thing they say is for us
to create fear. And as the Chief so well said, one of our missions is to make sure
that we don't add to panic and fear. And I'll read what the Director of the World
Health said this morning:
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"Pandemic is not a word to use lightly or carelessly,"the Director said. "It is a
word that if misused can cause unreasonable fear or unjustified acceptance that
the fight is over, leading to unnecessary suffering and even death. The World
Health Organization considers a pandemic, the worldwide spread of a new disease
for which most people do not have immunity."
Secondly, the Centers for Disease Control and Prevention said, "Pandemic
diseases are new global virus' able to easily infect people and spread from person
to person." And that's why they classify as a pandemic situation. It is new, and it
is worldwide. And at this time because of its newness, we don't have a vaccine.
So all the actions we're going to take is trying to minimize, as the Chief so well
said, especially fear. It has to be based, as you said on good information, and we
know it is credible and good and timely information that is one of the greatest
elements of battling fear. And we must do a better job on that.
In regards to what happened of the Parks people immediately going out there and
spraying, that's my fault, the responsibility of the timing of that and the lack of
notifying people. We were notified in the afternoon of the possibility of affected
people visiting our shores on the east side. Finding out different places they have
come and they've gone. Immediately Public Works was told, "Do what you can
as fast as you can." Even though it was pau Kana almost, to go out there and do
some disinfecting. How effective it will be, nobody knows and I don't care. You
do what you can. From now on when we do things like that, I'll make sure that in
the SOP (Standard Operating Procedure)there is notification of what we're doing.
MR. KANEALI`I-KLEINFELDER: Thank you. I think just letting people know
what's happening, and people are smart. They can make a decision. Then, I think
what it's coming down to and I've boiled it down to in my head is just how we
balance economy and health. They're interrelated, but at some point, it's going to
have to be public health over the economy. I think that's really what we're
looking at.
Just to sum up things that I've seen, people that I've talked to,that's going to be a
very hard decision to make. I do not envy you. But I
MAYOR KIM: I appreciate you bringing that up again, because one of the things
I read, your County Government is now evaluating all activities under its
authority: whether it should be held; and if it is to be held, under what conditions.
As you know, if it was a simple as somebody having fun it's an easy decision.
But we know our responsibility also, and that is impact. And especially this one,
economic impact. Economic impact obviously means lifestyle and survival, not
just the disease.
I know we've already met with Merrie Monarch to discuss it. I know we should
make decision on that one particular thing, not to pick on one thing, but it's
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Hawaii County Council-33 March 11,2020
obvious what we're talking about. We have to make it as fast as possible, because
the longer we wait, the more inconvenient it gets. And you know we do get
stories and actual stories of people who spend a whole year making things to sell,
and that's their livelihood for the year, et cetera, et cetera. So I just need the
public to know and you to know that we're discussing it. We're trying to see if
there's any way, first of all, as I say that, if the decision is to make it, can we
make it with acceptable risks. All of that will be done on a case-by-case. You
know, in this particular case, it must be done, the decision anyway, as soon as
possible.
MR. KANEALI`I-KLEINFELDER: Well like I said, I don't envy you, but these
are burning questions in the community and in my family and for everyone I talk
to. So thank you.
MAYOR KIM: Thank you.
CHR. CHUNG: Before I call on Ms. Kierkiewicz then, you know, with regard to
the pandemic, you know, notwithstanding the World Health Organization has
deemed it a pandemic recently, I think we all knew intuitively again that this was
going to become a pandemic, right? I mean inasmuch as it was coming out of
China, right, the most populous country in the world. If it was from someplace
like the Seychelles or somethingI don't even know why I picked that—but you
know, then not too bad, right?
But you know, because of travel that's why I think a lot of people are kind of
apprehensive. Because I don't want to criticize anybody, but the state I think
and no offense to Eric over there, because you know, he's a line operator. But
you know, because this is coming from the top. But I think they could have done
a better job, you know, in my opinion, from the get-go. Because we are a hub and
I think really those who were in charge, not only here but in the different places in
the United States, didn't really foresee how big this was going to become.
As long as you have travel, it's going to become a problem. So a pandemic –
foregone conclusion. It's how bad this pandemic is going to be. That is the
question, right? You know, we can only do what we can do.
Mayor, what is within your authority and what is within the Governor's authority?
I mean, can you explain to us what you do and what he does in all of this?
Because I'm just thinking they're going to call the shots because they have the
Department of Health. But you guys are only involved with the logistics on the
ground, or what's going on?
MAYOR KIM: I think to answer that question, I'm not trying to get silly about it,
but my attorneys now,just tell me whether I'm on the bridge of breaking the law.
Just keep my out of jail. I literally tell them that.
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Hawaii County Council-33 March 11,2020
I will not expand on it, but I think people know of my impatience with the state
and federal government. I've said it openly and especially on the testing.
Examples of the time is, you know, really bothersome that we had to rely on a
plane carrying on a plane—carrying a sample there in a plane, you know, result
back, and the first kit that came here was broken and not functioning right so we
had you've got to send them back. You know, that is so ridiculous to me in this
day and age. Then finally yesterday or today, the private labs are going to be
given the equipment and training to do it. Something that should have been done
two months ago or whatever. You know, it's all not easy for me because I'm
Monday night quarterbacking.
But on your direct question of how much, I do everything I can do until somebody
tells me it's not my authority. It's as simple as that.
CHR. CHUNG: Okay. Because, and I hope I'm not spreading misinformation,
but you'll get the gist of it. For example I understand Harvard and Columbia
closed school. Japan at least two to three weeks ago, public schools closed
affecting 31 million kids. I know you've closed schools before in the past. If it
gets to that point, who would make the call? Would it be the Governor or you? I
mean you'd be real popular with the kids, but they don't vote, right? I mean, but
so who makes that call with the University and the public schools.
MAYOR KIM: Under the stateif it's under the State Government under a
proclamation everything is under the Governor's control, including our activities
once he did declare. Automatically the schools is one of them.
CHR. CHUNG: Alright. Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Thank you, Mayor, for being so
proactive and for keeping the lines of communication open. I really appreciated
knowing who is part of the task force, who is doing what. That way we can direct
questions appropriately. Chief Uchida, I'm concerned about supplies: The PPE,
the N-95 masks. And I ask because partner's a firefighter and I see him as first
line of defense in having to pick up people that are potentially infected and
bringing them to the hospital. So just wondering if you could weigh in on the
level of supplies that we have, because we're an island and everything we have,
mostly everything, is imported. So how confident are you in our supply stock.
CHIEF UCHIDA: Thank you. That's a really good question, and the Chair as
well as the Mayor brought up those questions about healthcare providers.
Currently our stock is good. The concern like you brought up is the resupplying.
So we've had backorders on supplies for weeks now. We put in orders in the
beginning when we were in tuned to what was going on, and kind of like the
theme of staying proactive; however because it's a worldwide issue, an
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international issue, it is something we have on our radar. So we're monitoring our
levels of PPE, we're monitoring the vendors and the turnaround time.
In regards to specifically to N-95, we have a good stock of N-95's with our
department. The Mayor has just informed me he has some supplies as well. No
N-95-wise I think we're in a good position. It's the other PPE's like the gowns
that every first responder or every healthcare provider is battling to get so to
speak.
MS. KIERKIEWICZ: Okay, thank you. Okay, we talk about plans. I'm a fan of
plans. You know, keep calm plan on. I mean, plans keep everybody focused, on
the same page, and I like that. I just like knowing what plans are. So I wonder,
are we starting from scratch or are we taking a look at the pandemic influenza
operations plan that was prepared for our county in 2010.
CHIEF UCHIDA: That's another good question, and yes, we are reviewing those
plans as well as the recent Dengue outbreak. That was another one. Granted it
wasn't spread person to person, but there are templates in that that we're looking
at that we did for outreach, for prevention, for training. So yes.
MS. KIERKIEWICZ: And also how to coordinate multiple stakeholders, because
we're realizing this is not just a Hawaii County thing. There's a ripple effect
that's happening throughout our community. So everybody needs to know what
role they play and how they can support.
I'm wondering if another target audience we want to look at is individuals with
obesity, because in reading articles on individuals who have lived through
COVID-19, there's serious impacts to respiratory systems. So I just want to make
sure that we're doing proper outreach in helping our communities be as strong
and resilient as possible. I'm not a health expert, but I just feel like this is a target
population that we have high rates of here in Hawaii, so I want to make sure that
outreach is targeted to them and their specific needs.
I've always taken this very seriously. And then there was a podcast with Joe
Rogan. He had Michael Osterholm on who is an infectious disease expert who in
2005 predicted this. It's a very sobering podcast. I'll send you the link. I'll send
everybody the link. I was very concerned, but now I just feel there are going to
be catastrophic consequences to our community and our economy. And I'm not
saying it lightly. I just want to make sure that we are building the resiliency we
need to withstand the impact of COVID-19.
So with that said, I'm curious about continuity of operations, plans, for our
County and all of the departments. Like we saw with recovery, everyone here is
juggling multiple things. Day job, but also our response to this. Not pointing
fingers, not blaming. I see there's a lot of work being done to be proactive, but I
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Hawaii County Council-33 March 11,2020
just want the community to be rest assured that like Mayor said, there's some
level of normalcy. That we're going to be expecting programs and services. So
just curious about whether or not each department has continuity of operations,
plans.
MAYOR KIM: We do now, and we do accept our responsibility on what is our
normal, regular job. Obviously so are the hospitals. And meeting with them how
complex their problem is, I think all of us are in the planning mechanism of with
regards of this, your operations must continue. How we must establish priority if
it comes to the point where certain things need to be shut down but still continue,
there are priority missions. I assure you, we are doing that.
MS. KIERKIEWICZ: Thank you, Mayor. You know, Aaron alluded to school
closures. I've had constituents call concerned about the virus and are wondering
can they just keep their kids home from school. Are we talking with DOE
(Department of Education) about some kind of tele-education? I don't know.
That's going to be hard for a district like Puna where there isn't a lot of
connectivity throughout the community. So not expecting an answer, but I'm
hoping that DOE is going to be coming out with something so that we can rest,
you know,just assure parents that there is a plan of action. That their kids still
can participate in education in a safe way.
The final thing I'll ask is about our budget. You know, yesterday, maybe the day
before economists came out and they talked about this 10 percent decline in our
economy and we are still reliant on tourism. And if folks don't come here, there's
less work for folks to do. Just the ripple affect it will have is extremely
concerning. So I wonder if—we've gotten the first draft of the budget, if the
second iteration is going to reflect how we are considering the impact of
coronavirus.
I mean, yesterday in committee we discussed infrastructure projects and bond
floats because we were leveraging GET (General Excise Tax). But if less folks
are coming to our island to visit and the statistic was visitors will pay for
40 percent of that GET bucket, there's grave concern about our ability to be able
to afford these things.
MAYOR KIM: Thank you for that, because our Finance people are well aware
that the GET, you know, that 50 percent or more is from the visitor industry. I'll
make it clear here. During all emergency, normalcy stops. Some of it
predictable, others are not. Shortage of revenue is an automatic thing.
Adjustment that we may have to forward to you and anybody else or departmental
is going to be automatically done, and must be done.
The DBEDT (State Department of Business, Economic Development and
Tourism) is has estimated in regards to possible shortage on minor kinds of flow
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Hawaii County Council-33 March 11,2020
stops. So I'm just notifying you that yes, our total budget will be adjusted. But
right now, we're planning as is, and then we'll see what changes have to be made;
and it will be made.
I need all of us to understand that this is, you know, something that none of us
have any control except here. I think you heard what I said we all have to do to
minimize it, the impact. But things of outside of here, the effects are because as
you said, we are a hub, and the center of the Pacific Ocean. Things that effect is I
learn a lot of sacrifice, for example like Italy. I really admire some leaders today.
Can you imagine being in charge of a country and quarantine that country from
the rest of the world? You know, Italy depends heavily on tourism also. But we
almost put lives, survival and normalcy of death element as number one, bar none.
And I ask you to trust that we will do that. Constantly weighing what must be
expanded or cut or whatever, whatever.
I appreciate your words, sir, on what we have been doing. I just told them this
morning the appreciation of him as a person. The wisdom of selecting him to be
head of the very difficult task force, and I watch him work and the rest work. We
will do everything we can and think of and communicate with you better and
everything else in regards to having this community ride it through.
I'd kind of like to emphasize this though, because I think the tone of everything is
so negative that I've added to anxiety and fear more than I should have. The good
news about this virus is the following: it is estimated at this time that this is a new
virus obviously. Number two, 80 percent or more of the people that get affected
by this virus will survive this virus and not even know they have the virus because
their symptoms will be minor in regards to sniffles and light cough and you know,
those kinds of things; low fever. It is known at this time that the majority of the
severely affected is that their system, not the immune system but their system as a
whole is weak anyway because of age and other health conditions.
My son called me up because my granddaughter heard that 80-year olds are the
most greatly affected. She says, "That's grandpa." I know that. I hope that
80-year olds don't misunderstand what I'm saying. I think we all 80-year olds are
glad it's 80-year olds and not the two-year olds.
So the good part about it is that. The vast majority of those who carry the virus
will not even know they had it unless they are tested for it. I considered when I
heard that very good news. They say the mortality rate is in the three percent
range, and that's high. That's many time higher than the normal flu. But when
you compare all of the figures, that's low in regards to the young age people.
We will address this and I thank you for your words on us being proactive,
because I really believe we are more proactive than most anybody.
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Hawaii County Council-33 March 11,2020
CHR. CHUNG: I really do believe that,too.
MAYOR KIM: And we will do more. I've got great people around me, I mean
Lee Loy said. I'll answer your question, sir. Disinfected sewage can be
discharged three nautical miles from land. Not disinfected 12 miles from the
nearest land. Maybe that's not far enough, huh? I hope people look at it.
CHR. CHUNG: Mayor, before I call on Mr. Richards, you know, I wanted to talk
first about that N-95 because we're in education mode, right? And for those who
are viewing this who don't what N-95 is, it's the mask that's supposed to be able
to protect for or against the particulates, right? It's probably the best out there. I
mean I'm sure there are better ones, but it's something that can stop. But is it
correct that N-95 is only good if you are infected and you're protecting others
from getting infected, or does it guard you from infection as well? I've been told
it's just only good if you have the infection.
CHIEF UCHIDA: The N-95 is a medical grade respirator, and it's used by the
healthcare providers to protect against infection. What the CDC is recommending
is if you're healthy, you shouldn't be wearing a mask. And yeah you're right,
where if I had flu-like symptoms and I wanted to protect from spreading the virus,
then I would wear a mask if I was sick.
CHR. CHUNG: So it's more for protecting others, then. I was so proud, and not
to make light of the situation, but you know, I got like three boxes of the N-95. I
gave one away because somebody was going on a cruise of all places. But so I
proudly told my wife, and she's the resident COVID-19 expert in our household,
right. And she goes, "Well, what size is it?" I go, "Size?" I didn't know there
was any size thing, right. But there must be sizes, right? Because if you don't
have the right size and you don't get the proper education in how to put that thing
on, it's nothing, right? So I mean that is an educational tidbit that should go out
there too. Because I know there's a run on these N-95 masks. So you've got to
have the right size, and you've got to know how to properly apply it.
Mr. Richards.
MR. RICHARDS: Thank you, Chair. First of all, Mayor, I don't think you're full
of doom and gloom. I actually think you're very positive. I do want to commend
you, like Chair Chung, for stepping forward early and start communicating. I will
echo what Councilman Kaneali`i-Kleinfelder said, help us communicate for you.
The three forms of communication on this island, telephone, telegraph, and
tele-council people and we'll help you get the communication out.
All kidding aside though, Mayor, the misinformation is probably our biggest
concern, so if we can help get that message out. At any given time we have,
what, 25 percent more people on the island because of tourism, and there is no
way to treat this. It's a virus. We don't have vaccines, we don't have any
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anti-viral that specifically addresses this. This is why prevention is what we're
going to have to go after. The big concerns right now are the large group
gatherings that may transmit it. So I empathize with you on making that call. But
I think it's a very positive message going forward that you are making those calls,
you're getting ready to make a conscious decision rather than just let stuff happen.
This island, we don't have enough resources. ICU(Intensive Care Unit) beds,
what do we have, maybe two dozen on the island? So the reality is we have to
prevent, not try and see what happens after people start getting sick.
I am deeply concerned about our health as well as the health of our economy. As
Council Woman Ashley pointed out,there's an estimate we're going to lose about
10 percent of our economy. Last year, we lost 10 percent with the volcano. Our
economy is struggling, and we're going to have to be very mindful. And we as
the Council are going to work very diligently with you when it comes to budget
time, because we know it's going to be struggling. I don't see where there's any
way around it, but I think we have to be proactive, not reactive, and make hard
decisions early on.
We as a group, we're going to be talking about the HSAC, the Hawaii State
Association of Counties meeting that we are to host. The question is, are we
going to host it? We're right at the verge of making that call.
So Mayor, I don't think it's doom and gloom, I actually thing you are stepping
forward, you're being very positive. I appreciate the fact that you've assembled a
team coming forth. I can understand the frustration with the test kits. I think our
state got what, 200 or something? I mean that's nice, but those problems were not
at the county or state. That was at the federal level. They screwed that one up.
So now we're having to play catch-up.
So I do appreciate the fact that we've got some tough decisions, but I think as a
Council, I know I'm ready to support those hard decisions, because that's going to
be best for us overall. I don't want to stand around going, "should-a, would-a,
could-a," I want to be sure that we make some good decisions early on.
It's a weird disease if you study diseases which has been a lot of my professional
life, this one's a little weird. This is not following the normal tracks. As you
mentioned, the young are not being affected by it and that's weird, so there's
something going on. That's something for the scientists to worry about in six
months or a year, but reality is we have to deal with the potential impact of our
County now.
So I don't want to belabor the point Mayor, but like I said, I support you, and I
appreciate the fact that you're stepping forward. And if you are doing something,
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please communicate it to us so we can help manage that message to the public.
Thanks Chair, I yield.
MS. EOFF: Mr. Chair?
CHR. CHUNG: Karen, go ahead.
MS. EOFF: Hi. Following up on a couple of thoughts that we've already heard,
Okay, so we cannot make the call to close schools or begin online classes, as that
may be a state decision, but can we as a county, is there a way to implement a
policy where certain of our County workers who may be prone to respiratory
disease or could be sick or whatever, could work from home? Not be actually
calling in sick, but if it's possible do their work from home? I just want to put
that out there as something to consider, keeping people—as we're being proactive
and preventative.
The other thing is our office is getting a lot of calls that, most of them regarding
there's no soap in the dispensers at our parks. I don't know if that's true on the
Hilo side too, but just to make sure that, as I know the Parks Department is going
to be thoroughly cleaning parks more often, but just make sure that the soap
dispensers are either there, or full if they are there.
And then the other thing is at what point can we prevent people from
disembarking the cruise ships here? Because you know, that seems to be a petri
dish of quick spreading germs and it's ominous to look down, coming down
Palani Road this morning and seeing a big cruise ship sitting in Kona. And I
know there's one in Hilo or there was yesterday. So I don't know, that call
doesn't seem to be ours to make, but at what point can we put pressure there. I
know there's economic impacts of all of that, but as we stated earlier at some
point too, I think we have to worry about being proactive, and prevention before
economics as our priority.
So I don't know if anyone wants to respond, but some of my points I think are
easy and some might be requiring more thoughtfulness as we go forward.
CHR. CHUNG: Well, I'll answer for the Mayor on the second part. He'll go as
far as he's able to go until someone tells he can't.
MS. EOFF: Right, I heard him say
CHR. CHUNG: But with regards to the employee, the employee part, you know,
maybe he has to answer that.
MS. EOFF: Okay. Okay, so those are just thoughts. We don't have to talk any
further about them at this moment. But thank you, and thank everybody for their
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Hawaii County Council-33 March 11,2020
good questions. And thank you Mayor and all the people in your Administration
who I see there and who are taking an active role in picking through this and how
we can, knowing we are in a melting pot here and we attract people from all over,
we really need to think this through. So thank you for all your efforts and you're
the right guy, Mayor, at this time. You've always been a disaster preparedness
expert for us. Thank you.
CHR. CHUNG: Yeah. Rebecca, you got anything? I just, I kind of want to echo
Karen. Yesterday morning in Hilo at the Naniloa pulling back the curtain and the
first thing I saw was the cruise ship being towed into the harbor, which just
seemed kind of ironic and a little bit left me feeling some trepidation. So I think
that might be an opportunity, Mayor Kim, for some communication. Not only to
us as a Council, but to the community. I know that I've been getting messages,
phone calls, social media call outs to stop the cruise ships, to which I had to
respond it's not really in my sphere of influence; however, I think it behooves us
to understand more fully who does make that decision and how that decision gets
made, why it hasn't been made yet.
Here we have the cruise ship in Kona right now, and one of the filthiest facilities
we have is on the Kona pier. The bathroom there gets consistently damaged and
overly used by the homeless population which is already a challenge when we
have people coming off the cruise ship and who can't use the facilities there
because of either filth or dirt or needles, or people passed out there or whatever.
Now adding to it that we want these people to have access to where to wash their
hands and anybody going back and forth. I know that's state, it's DLNR;
however, if there could be someI'm hoping that because there's the Governor's
emergency proclamation might allow for some crossover of maintenance,
especially of that facility. To get that up to the highest standard it could possibly
be at in order to you know, if the passengers are going to continue to come and
go off that pier that they have access to spaces to wash their hands and stay as
clean as possible.
So just asking for that direction, who decides whose jurisdiction is it, what would
the circumstances be? Like where does this have to get to in order for that to
decision to actually be made, because we already know that's exposing us. And
yeah, I think that's a big thing on my mind for now. But I also want to say thank
you to all the heads of the departments and the Mayor for bringing us up to speed
for this communication, for taking the initiative, the leadership; and you know,
taking a risk to make hard decisions and being right out in the forefront for us. I
really appreciate that. So thank you. I yield.
CHR. CHUNG: Thank you. Ms. Lee Loy.
MS. LEE LOY: Thank you, Chair. Thank you, Ms. David. I don't want to
repeat what everybody said. I feel the exact same way. But I did want to bounce
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Hawaii County Council-33 March 11,2020
off of something Ms. Kierkiewicz mentioned about yes, tell us the plan and
communicate. And you know, in the seven pillars of task force that you have,
please share with me how we are reaching our disability community, especially
those who cannot hear and how we message to them, because that's incredibly
important for(inaudible–whispering).
CHIEF UCHIDA: That's a good point and thank you for bringing that up. So it's
something that we need to address. And just talking outside with Barrett from the
Mayor's Office, he doesn't know if we're going to include him to our core
committee, because he has the ability to do like multi-media, and we need to think
about correct, interpreters, sign language, et cetera. So we'll note that down for
sure.
MAYOR KIM: I wanted to answer the question in regards to the pier. I'm told
that the Department of Land and Natural Resources have already been notified of
that, and they've assured us they will follow up on it. But I want to follow up on
the question of the cruise ships as an example of things that must be waived.
Yesterday I met with the Captain and the owners of Pride of America, and told
them that, you know, I realize the extreme importance of many people on the
economy impact, the ship. If it was as simple as that, closer and not considering
all the other consequences of any action, life would be so simple. The question
that we asked of the Norwegian Cruise Line yesterday was identify those things
that they have been doing to minimize any risk. I was really impressed. They
changed their whole buffet line system of the people that are touching the service
thing or whatever. That every passenger going off are asked to spray day spray.
You know, those kinds of things.
If the cruise line was guilty of already, I think the recommendation would have
been to reexamine until further notice. What will be our recommendation
eventually of everything I don't know, especially when we're talking about
difficulties like the Merrie Monarch. But I want you to all imagine if we had
airlines guilty of transporting people who had the disease at the advance stage.
You know I cannot react by saying all flights should be canceled, because I know
the pure economic impact of so many thousands of people. Even if it was my
authority.
But whether it's my authority or not, I am obligated to look at all the factors of
decision making. We have a thing here that I'm going to follow up. We're
already following up before this meeting of a doctor, he stayed Hawaii, young
30's. Came to Hawaii. I don't know where. I asked, "Where Hawaii?" And
that's following up, been following up on. Then he went back to Canada and he
has the virus. Naturally the Department of Health and everybody has to work
backwards, but I need all of us to understand, because we get nasty calls or letters
or why aren't you doing this, why aren't you doing that—and you don't know
how much I appreciate your comment, sir—and it's not that simple.
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Hawaii County Council-33 March 11,2020
The confidence I need is that people should know we are reviewing everything we
need to, to make the good,timely, right decisions. Whether it be a cruise ship,
flights, hotels, beaches, or whatever, or clean-up.
CHR. CHUNG: Ms. David.
MS. DAVID: Well thank you, Chair. I want, for the record, we were on a site
visit yesterday with Mr. Chung and I at the Naniloa. We were in inspections,
informational. That's what Mr. Kaneali`i-Kleinfelder told me. That we were on
an informational site visit, checking out the hotel. So just wanted to make that
clear.
Anyway, I really, on a serious note Mayor, I really want to thank you. Just
listening to my colleagues' comments, what you have prepared this island for, this
County for, in preparing for this veryI don't know what kind of situation this is.
It's so far reaching that I can't even imagine. But I can appreciate what your job
is right now, because I wouldn't trade it for the world. You are doing everything
that I think we would have done ourselves, or even more, because of your
position. I appreciate all the people that work for you right now, and the real
daunting task that you folks are having.
So my question is, on this task force, you members—and it's just a suggestion
because based on what Ms. Eoff and Ms. Villegas has mentioned, would you
consider that adding task force members from the medical community on the west
side and from the educational facility? The reason I'm asking for that
consideration is, as we all know, the west side is the tourist destination magnet. I
think if we have someone from that organization on your task force, I think we
will have the entire island's issues basically covered because this is an island-
wide emergency, issue, whatever we want to call it. I don't even know. But
that's my only suggestion on the task force since you are just forming that as we
speak. And anyone else you think, or any other organizations you feel that would
be able to assist you folks with information from the west side.
Following up on what one of my colleagues said, if you can be more, not
restrictive, but if you can make declarations based on the fact that we are not
Oahu, we are not—you know, our island is so different, and it's so huge, I'm just
hoping that you can make some declarations that are specific to our island's
needs. And if you do that, you know, if you can do that, I'm sure you'll have the
support of this body, because they're all looking out for our island's wellbeing.
And that's number two.
And then, following along the lines of Ms. Lee Loy's addressing our disabled.
How do we inform our disabled population, I was going to ask you, I know we
have the elderly facilities and stuff, but we do have especially in the rural districts,
seniors that are pretty much very vibrant and living in their own homes. They're
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Hawaii County Council-33 March 11,2020
not in facilities. They're very independent. But they don't have computers. They
watch TV, but it's really not close to home, you know, it's not Hawaii Island
based, the information that they're getting. I'm just wondering how we can reach
out to those, whether it's mail outs orI'm not sure how. But I just wanted to put
that on the table for consideration.
So that's all I have to offer, except to say mahalo to every single one of you in
taking this challenge. So mahalo.
MAYOR KIM: I'd like to address that last part, because it's a factor in all
planning of the disabled, the hearing disabled, walking, of everything qualified
under that. In all emergency planning, you automatically assume that's part of
your population, even on things that don't seem related but it is. Let's take
something like the PGV (Puna Geothermal Venture) issue, on the toxic gas. We
had problems with people far away who make levels of tolerance based on a
healthy individual, certain things, and our job is to point out that every
community of any size has babies, seniors, disabled, et cetera, etcetera. So all
planning of all emergencies have to be on that account. And I assure you, it is.
On this one here, it's very similar to when we make plans to communities or high
rises, especially of any kind on tsunami warning, that automatically we know
there are some that have difficulty hearing, or even qualify as deaf, totally deaf.
This is why I bring this up. I think all of us should know, especially those that are
disabled in any way or form, we will have as we call, you know, gaps. We count
on the community to know who their friends are that are disabled. We count on
families to know that they are our arms, legs and eyes and ears and microphone
and whatever. Because no matter what plan we come up with, we'll miss them.
The obvious easy one is when we're planning for some of the highI hate to call
them high rises but they are, anything higher than two floors I guess is a high rise,
for me anyway. You know,there are going to be people in that multiplex unit that
might be hard of hearing. They're not going to hear the siren. So we tell the
people, it's impossible for government to know who is who and where.
Impossible for us to make an individual system. And many times it's not only
impossible, it's misleading to let people think we can, because they're going to sit
waiting to be warned and it's not going to come.
So I'll use this opportunity to elaborate on that, and we will do our job as best as
we can on that, but we have to county on families, friends and neighbors to be
part of that also.
In regards to communicating with Oahu people. I use the work Oahu-centric all
the time, that we are so different, and, you know, I think they're going to be very
happy when I'm not in office, because I'm a pain. And I'll leave it at that.
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Hawaii County Council-33 March 11,2020
CHR. CHUNG: Matt, go ahead.
MR. KANEALI`I-KLEINFELDER: Thank you. One follow-up. Can we, is it
possible for us to transfer funds from our rainy day fund to the hospitals?
MAYOR KIM: I count on Finance Director for that advice, sir. She has been
told be prepared on money, and also one of the things that I put in the
proclamation of why I wanted to declare it so fast, like every emergency is to
make us ready and available for any federal or state funds that come forth. In
regards to the budgetary of emergency funds, that has already been discussed with
Deanna. Deanna Sako, rather.
MR. KANEALI`I-KLEINFELDER: Okay. Then, the second is for any of our
staff, Parks and Rec, DEM (Department of Environmental Management), are they
being prepared and taken care of as far as—because guys who work at the
landfills are going to be dealing with lots of people and their trash. People at
Parks and Rec are going to be cleaning facilities that, like we saw down at our
beach parks. Are they prepared and are we taking care of our people?
MAYOR KIM: I will assume they are, because they are told of what the
responsibilities are. It's impossible as you know for me to know all the details. I
count on very—and I said it openly to them, this emergency has made me so
appreciative of who is working with us. You know, to just give them broad
guidelines and they come out with specific planning that you don't even think
about. You know, and that has already been told, and I'm sure it's being done.
MR. KANEALI`I-KLEINFELDER: Good, thank you.
CHR. CHUNG: Yeah, you know Mayor,this whole COVID-19 matter, you
know, it's easy for people to fall into the trap by looking at comparisons with the
flu. And I actually fell into that same trap myself. If you look at COVID right
now worldwide, the incidents and the deaths really pale in comparison to how
many people get the flu and die from the flu in the United States alone per year.
But it's different, and I think it's becoming readily apparent how different this is.
It's an insidious disease, right, which people can be walking around asymptomatic
for anywhere up to 14 days, maybe more, and therein lies the danger, especially
exacerbated by travel.
And you know, it would be easy to say well we're going to shut our doors off
from the rest of the world for 14 days and quarantine ourselves, but it doesn't
work that way, unless everybody does that globally, right? So this is where the
global community has to step up.
But you know, really I think our own community has stepped up in a way, and
we're becoming a better community because of it. Getting better habits,
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Hawaii County Council-33 March 11,2020
everybody washing their hands, and doing things we should have been doing
anyway all these years, right? And you know, but Mayor, Rebecca talked about it
earlier and Ms. David, you know about how you're the right guy for the job,
because you have been involved with all of these kinds of disaster things in the
past. But also what's being overlooked is your advocacy for more healthcare
professionals over the years. I mean you've been a very, very staunch supporter
of that and an advocate, and it's all kind of melding together right now, so we
have to really, really be careful with regard to these healthcare providers because
we have a shortage, and if it becomes even more short and people have to go to
the hospital, we are in deep, deep trouble.
But again, getting back to the first comments made by Ms. Poindexter early,
communication. Establish the lines of communication. People like her two
friends shouldn't be caught in a situation where they don't know what's going on
or how to do things, right?
So anyway, but thank you. You know, I said it before, when you look backoh,
Ms. Villegas, go ahead.
MS. VILLEGAS: Just one more thing. I'm not fully up to date on what our
facilities are, but something that's coming in the news right now is the population
that are incarcerated. So I believe it's a state facility on the east side; however,
that population is at a high risk, because if someone gets infected in that
population there's different circumstances on how or if they could be isolated. So
I just wanted to kind of toss that into the hat as well as a consideration if we have
community members going in and out of those facilities that we just may want to
keep an eye on, and consider that population as well. So thank you.
CHR. CHUNG: Well, that's a good point, and I'm going to answer for the
Mayor. I know for a fact his responsibilities or authorities don't go that far.
That's something that has to be taken up by Public Safety and the State of
Hawai`i. But good point though, Ms. Villegas.
You know, I stated it earlier, Mayor, about how you came here a month before,
your appearance here didn't even warrant a little news item in our local papers.
The only one who covered was Dave Corrigan from Big Island News, right? And
now look at where we're at. Global markets collapsing in anticipation of—you
know, that's really a prognosis of where we're going. If they thought this thing
was going to end in a week or two, the market this was the greatest bull market
in history, right? Now, it is a period of economic collapse.
So a lot has happened over the last, you know, month. I really wanted to give
credit to you, Mayor, and the rest of your staff for taking a proactive approach to
this thing. Certainly it can improve. We all know that, right? But it's a work in
progress. Keep up the good work. Okay, thank you very much for coming here.
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Hawaii County Council-33 March 11,2020
MAYOR KIM: And I promise you, Mr. Chair, we will improve.
CHR. CHUNG: Yeah, thank you. Let's see how quickly we can finish the rest of
our agenda. Okay, well let's take a five-minute break.
Recess: At 11:28 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 11:36 a.m.
CHR. CHUNG: Okay, we're back on the record.
Change Order As directed by the Chair and with no objection from the Council Members,
of Business: the following items were taken out of order:
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)
First Reading: February 19, 2020
Motion to Approve: Ms. David moved to pass Bill 140 on second and
final reading. Seconded by Ms. Eoff.
MS. DAVID: Thank you. I believe Officer wanted to make a few more
comments after your testimony, right? Okay,just identify yourself for the record.
(Note: At this time, Program Manager of Traffic Services Torey Keltner
came forward to address the members of the Council.)
MR. KELTNER: My name is Torey Keltner, I'm the Program Manager for
Traffic Services, Hawaii Police Department. I'm actually no longer a police
officer. I'm retired.
MS. DAVID: I see, okay. My mistake.
MR. KELTNER: So with the grant in Bill 140, the grant funds that we're looking
to have procurement for, it obviously directly impacts the DUI (Driving Under the
Influence) Roadblock projects and it also entails the training of officers, in
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Hawaii County Council-33 March 11,2020
particular advanced types of training in the DUI enforcement area. If need be, I
can go through and talk and address some of the areas that we have in it?
MS. DAVID: I believe if the Council Members have questions, I think this had
gone through the process. I can yield to Ms. Lee Loy right now.
CHR. CHUNG: Ms. Lee Loy.
MS. LEE LOY: Thank you, Torey, for being here. Actually, I just wanted to use
this as a segue. In the past, Council Members have requested a presence of the
Police Department to help us gather information in policy writing. And
specifically, there was an issue yesterday. I appreciate you acknowledging that.
It did run long, and but we needed some information from the department to help
us make a good decision. In the past, and not just yesterday, but in the past when
we've asked the department to be here, they're not here to answer our questions.
So we're left to make a decision without any information.
I'm going to wait to hear from the rest of my colleagues, but it's real nice when
we're moving money into your budget, moving money from grants, grants in aide,
other sources of funding for the department, but when we're trying to write policy
or provide information to the larger public, the department doesn't send anyone.
And no disrespect. You're not a sworn officer. So if the department needs to
hear a clear message that we are their peers, we're looking for information, and
we set their budget, including accepting grants and funding. With that, Chair, I'm
going to yield.
CHR. CHUNG: Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I am going to echo her comments. But I
know that you—your position is?
MR. KELTNER: I'm the Program Manager for Traffic Services.
MR. KANEALI`I-KLEINFELDER: Traffic Services, with the Police
Department?
MR. KELTNER: Yes.
MR. KANEALI`I-KLEINFELDER: So you're a paid employee of the County?
MR. KELTNER: Yes, sir.
MR. KANEALI`I-KLEINFELDER: Then I'm going to echo Sue's comments,
and I do have some questions about this. Last year between July and December,
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Hawaii County Council-33 March 11,2020
we had multiple roadblocks on Saddle Road and DKI (Daniel K. Inouye
Highway), all being classified as DUI checkpoints. Are the funds that are coming
today to be used in those situations as well?
MR. KELTNER: The DUI grant funds that we have, the way that the grant is
written, it actually has to be. It's dictated by the federal government that funds
have to be used as overtime funds. The grant time periods are three-hour grant
periods. It says specifically a number of officers that are available there. That's
not what was being done during that time period, is my understanding. It was
officers that were on duty, you know, assigned to a particular area, which is not a
part of what the Traffic Services Section of the Police Department is and what
part of this grant is.
MR. KANEALI`I-KLEINFELDER: So what was happening on DKI was not a
DUI checkpoint?
MR. KELTNER: It was not a grant funded checkpoint. We have DUI
checkpoints that are non-grant funded checkpoints, but those are when officers are
on duty. They can't mix the two together, because we could actually lose the
grant funds. It's a violation of what is dictated in that.
MR. KANEALI`I-KLEINFELDER: And then there is a fund that you pull from
for these that all these funds go into, yes? I'm sorry, the roadblock. Is this for the
roadblock fund that we have within the Police Department?
MR. KELTNER: The one for Bill 140 today? It's specifically for the DUI grant
funds, yes.
MR. KANEALI`I-KLEINFELDER: So just for DUI checkpoint.
MR. KELTNER: As I said at the beginning, it does incorporate training for the
officers in different types of specific things. And there's equipment for DUI
enforcement and those kind of things as well.
MR. KANEALI`I-KLEINFELDER: I'm going to echo again what Sue said.
There is always someone here when we are accepting funds or grants or any other
thing. But yesterday we had kind of a crucial thing. And you're just here, so
you're getting picked on.
MR. KELTNER: No, I understand. Thank you.
MR. KANEALI`I-KLEINFELDER: But this is a message for anybody who
would be watching, because usually people watch these meetings from other
places. But in yesterday's case, we had a very specific question for a very
specific area within our County policy, and we were unable to have anybody here
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Hawaii County Council-33 March 11,2020
to answer questions. But we were here till what, 6:00 o'clock? But most of the
people who can answer these questions are salaried positions. So it's not like
were making overtime to be here. We're just here.
So I appreciate your time. Thank you for answering my questions, then hopefully
anyone who is watching could catch what we said too. Thank you.
CHR. CHUNG: Mr. Keltner, as the Program Manager of Traffic Services, you're
the boss of Traffic Services?
MR. KELTNER: That's correct.
CHR. CHUNG: Oh, so there's no officer above you or anything like that?
MR. KELTNER: My direct supervisor is Major Burian.
CHR. CHUNG: Okay, and then his would be the Chief?
MR. KELTNER: It's through the chain of command, so it would go through
Assistant Chief Thomas.
CHR. CHUNG: Okay, but who is the best person to speak on this program?
MR. KELTNER: It would be me.
CHR. CHUNG: Okay. Alright, anyone else? Mr. Richards.
MR. RICHARDS: Thank you, Chair. I'm going to borrow Kaneali`i-
Kleinfelder's statement, "I'm going to echo." Now put that aside for a second,
echo the concern. On this DUI training, does that include that's not just alcohol,
we're including mind altering, is that what it is?
MR. KELTNER: That's correct. The training that is specifically identified is
what's called a DRE, Drug Recognition Expert training. Our Traffic Enforcement
Unit officers, they all attend that. Then we also have officers that have already
been trained, that have moved out of the Traffic Enforcement Unit and additional
officers, patrol officers that have attended the training or that we will send them to
the advanced training.
MR. RICHARDS: Alright, and I appreciate that, I just wanted to verify where
that's coming. But I am going to come back. This is a little bit of killing the
messenger. You are before us. And we did have a question, a policy question.
And you get to have that communicated to you. It will be communicated
elsewhere. But to the point, when we have a policy question coming before us,
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Hawaii County Council-33 March 11,2020
please communicate that we expect someone to be here to help us with the correct
information.
MR. KELTNER: Councilman Richards, if I could. I apologize. The error is on
me for yesterday. I was here and at the end of when we had the call for public
testimony, I was still here at that point and for some reason when it was in recess,
I assumed that we were done and then left and went into the office next door and
spoke to Major Burian who was outside waiting, and went and spoke there and
waited. So if there's any accountability, it should come to me and I accept that.
MR. RICHARDS: Okay, I appreciate that. It's just we don't like being here late
any more than anybody else does, but if we are, we are, because that's what we
have to do. So I appreciate that. Chair, I yield.
CHR. CHUNG: Okay, anyone else? Ms. Lee Loy.
MS. LEE LOY: Thank you. And Torey, I think therein lies the rub, is we asked,
we had staff notify rank, they sent someone, but because they're unfamiliar with
the protocol, they take it amongst themselves to move on, when if they
established a relationship and with this body, they would understand the process a
little better and know when to go, when to stick around, or when to just walk up
to us and say, "Hey, do I need to stick around." So please, Torey, it wasI had
to make a point, and going forward, you know, we're going to be setting the
budget. So thank you, Chair, I yield.
CHR. CHUNG: Anyone else?
MS. KIERKIEWICZ: Chair, this might be off topic, but we do that quite a bit
now, so I'm going to thank you for exercising a lot of latitude.
I just want to make a statement that I've worked with Torey on a number of
things: block parties, getting permits for that; and also you and I have worked
very closely on the process of handling abandoned vehicles. Our County is
incredibly lucky to have someone like Torey. So I just wanted everyone to know
that. Thank you, Chair.
CHR. CHUNG: Thank you.
MR. KELTNER: Thank you for the words. I appreciate it.
CHR. CHUNG: Anyone else? Okay, if not, we have a motion on the floor. All
those in favor, signify by saying "aye."
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Hawaii County Council-33 March 11,2020
Vote on Bill 140: The motion to pass Bill 140 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 is carried.
ANNOUNCE- You know I've got to make this announcement: I just found out, you know,
MENT: segueing off of what Mayor Kim said. I just learned that all of the stores in Italy
are not going to be closed except for pharmacies and food stores. And March
Madness is going to be played without fans. How do you like that? March
sadness. So I mean, it—we're in for some rough times. Thank you very much.
MS. EOFF: Mr. Chair?
CHR. CHUNG: Yeah?
MS. EOFF: We also have the nominee to the Board of Appeals.
Communication 776. He's been here all morning.
CHR. CHUNG: Okay, let's take that up.
Comm. 776: NOMINATION OF DANIEL THOMAS TO THE BOARD OF APPEALS
From Mayor Harry Kim, dated February 11, 2020, submitting for the Council's
review and confirmation the above nomination.
Waived: PC
Requires Council
Confirmation by: March 26, 2020 (Section 13-4(1),
Hawaii County Charter)
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Hawaii County Council-33 March 11,2020
Vote on Comm. 776: Ms. Lee Loy moved to confirm the appointment of
(Approved) Daniel Thomas to the Board of Appeals. 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.
Deputy Managing Director Barbara Kossow came forward to provide a brief
narrative about Nominee Thomas. Council Members spoke in favor of the
nomination.
CHR. CHUNG: Motion carried. Thank you very much, Mr. Thomas. Okay, now
let's go on to Bill 139.
Bill 139: 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 Operating Reserves account($10,000); and
appropriates the same to the Workers Compensation account. Funds would be
used for the Office of Housing and Community Development's Workers
Compensation, Regular Salary and Wages account to pay out unbudgeted
Worker's Compensation expenditures.
Reference: Comm. 759
Intr. by: Ms. David (B/R)
Approve: FC-109
Vote on Bill 139: Ms. David moved to pass Bill 139 on first reading
(Approved) and adopt Finance Committee Report No. 109. 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 149.
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Hawaii County Council-33 March 11,2020
Bill 149: 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 —Block Grants account($146,713); and
appropriates the same to the Hale Maluhia Shelter, Accessibility Improvements
account, for a total appropriation of$2,646,713. Funds provided by the
Department of Housing and Urban Development would be used for renovation
and construction costs.
Reference: Comm. 795
Intr. by: Ms. David (B/R)
Waived: FC
Vote on Bill 149: Ms. David moved to pass Bill 149 on first reading.
(Approved) 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 133.
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)
First Reading: February 19, 2020
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Hawaii County Council-33 March 11,2020
Vote on Bill 133: Ms. David moved to pass Bill 133 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. Let's go to Resolution 489.
Res. 489-20: GRANTS A VARIANCE FROM CHAPTER 3, SECTION 3-6(b)(3) AND
3-11(a)(2)(A)(ii) HAWAII COUNTY CODE 1983 (2016 EDITION, AS
AMENDED), TO ALLOW AN ADDITIONAL GROUND SIGN, MOUNTED
IN EXCESS OF MAXIMUM ABOVE GROUND LIMITATIONS ON
74-5035 QUEEN KA`AHUMANU HIGHWAY, TAX MAP KEY: 7-4-008:055
(ZONED ML-3a)
Mid Pacific Petroleum requests a sign variance for construction of a second
ground sign at the subject parcel to advertise fuel prices.
Reference: Comm. 742
Intr. by: Ms. Lee Loy (B/R)
Approve: PWMTC-22
Vote on Res. 489-20: Ms. Lee Loy moved to adopt Res. 489-20 and adopt Public
(Adopted) Works and Mass Transit Committee Report No. 22.
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: Motion carried. Can we also take up Bill 137?
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Hawaii County Council-33 March 11,2020
Bill 137: AMENDS SECTION 25-8-23 (VOLCANO-MT. VIEW), ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983
(2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT
CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL—
20,000 SQUARE FEET (RS-20) TO VILLAGE COMMERCIAL—
10,000 SQUARE FEET (CV-10) AT `OLA`A SUMMER LOTS, `OLA`A,
PUNA, HAWAII, COVERED BY TAX MAP KEY: 1-9-004:004
(Applicant: RTA Kilauea Lodge, LLC) (Area: 1.176 acres)
The Windward Planning Commission forwards its favorable recommendation for
this change of zone, which would allow the applicant to develop a 1,920-square
foot retail building with 26 parking stalls, construct three cottages on the north
west corner of the property, and make related improvements on the subject parcel.
The property is located along Old Volcano Road between Haunani Road and
Wright Road.
Reference: Comm. 728
Intr. by: Ms. Kierkiewicz (B/R)
Approve: PC-46
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 137 on first reading
and adopt Planning Committee Report No. 46. Seconded
by Ms. Lee Loy.
CHR. CHUNG: Any discussion?
MS. KIERKIEWICZ: Chair, I just want to point out that the project
representative has been here since 9:00 a.m., and is available to answer any
questions if my colleagues have any. Thank you.
CHR. CHUNG: Okay, any questions? There being noneoh, okay go ahead,
Ms. Villegas.
MS. VILLEGAS: I just want to acknowledge that I believe this was the reason
that Cory Harden came and testified. So I just hadI guess I'd love to ask a
question of the developer or the representative that's here?
CHR. CHUNG: Okay.
(Note: At this time, consultant for the applicant Zendo Kern came forward to
address the members of the Council.
MR. KERN: Good morning, Mr. Chair, Members of the County Council. It's sill
morning, correct? Oh, good afternoon.
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Hawaii County Council-33 March 11,2020
MS. VILLEGAS: Good afternoon. Hey Zendo,just a quick question. I greatly
respect Cory and her capacity for identifying potential challenges with different
developments, and she expressed some concern about the forests in that area, and
I believe mentioning deforestation of that lot. So I just wanted to hear from the
developer and the project manager there kind of how that's being taken into
consideration.
MR. KERN: Sure, no problem. I do have Dan Bowman here with me from the
RTA Kilauea Lodge, as well as Seth Warner, a local designer here, to answer
those questions. And I also point out in the recommendation and background
report in the conditions, there's a lot of conditions in there that talk about wildlife
and whatnot. They all came from the Department of Fisheries and Wildlife. So
there's a lot of conditions in there that do protect say the Hoary Bat, et cetera, that
have been agreed to. But with that, I'll pass it over to Dan and Seth to answer the
tree question.
(Note: At this time, Dan Bowman of RTA Kilauea Lodge and Seth
Warner of Seth Warner Designs came forward to address the members of
the Council.)
MR. BOWMAN: Aloha, I'm Dan Bowman of RTA Kilauea Lodge ownership.
For my part, I just wanted to point out that the forest there is actually one of the
main draws to tourism at the Kilauea Lodge and the project that we're planning
on this parcel that is adjacent to it. So we're very aware of it and going to
mitigate every possibility that we can to be able to retain that charm of the forest.
To that end, Seth is prepared to talk a little bit more specifically about what we're
doing in terms of natural plant choices and landscape.
MR. WARNER: My name is Seth Warner. I have a design company in Volcano,
soon to be an architecture company, hopefully in a couple of months. At the
moment, we're basically going through and identifying trees that are either sick or
causing danger to the historic structures there. So we've cut down a couple of
sugi pines that had large rot in the center, or trees that were hanging over historic
redwood tanks, things of that nature. In all cases in any proposed work, we're
limiting the amount of`ohi`a trees that would be impacted. Where we are
developing, for example putting in pats, we are taking out non-native plants and
adding native by diversity in all areas that are being improved. So I think we
have a pretty positive approach to this project.
CHR. CHUNG: Ms. Villegas, go ahead.
MS. VILLEGAS: Thank you. I appreciate just hearing that those things are
being taken into consideration and being given a priority. I thank you for that. I
needed to just follow up. Thank you. I yield.
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Hawaii County Council-33 March 11,2020
CHR. CHUNG: Thank you very much, you guys. Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I have one question for you. Just came to
me. What are we doing as far as ROD (Rapid `Ohi`a Death) when we handle a
project like this? Is there anything that's—for this one maybe selectively, but as a
whole when we do a project where we have existing healthy forest and we come
in to do work, is there anything in our language that protects us from ROD?
Because we know how devastating it is to our forests and how widespread it is
already.
MR. KERN: To my knowledge there's nothing specific in the County language
yet, best management practices for that. I know we're working on conservation
areas. We have to address that as well. I think it's basically across the board. I'll
leave Seth to see if you guys can bring in anything specific on that.
MR. WARNER: When we came to the project, we did identify a couple of trees
in previously undisturbed areas, so we took the best practices. As far as we knew
it was to take those trees down and cover them and allow them to biodegrade and
hopefully to dry out. So yeah, in this case, we're doing everything we can to
prevent spread. And also when we're developing in areas where there will be
trees impacted, again doing best practices. Spraying on this pruning spray that
prevents trees that have been damaged from being infected and things of that
nature. So that's our approach on this project, and in general in places where
we're dealing with native forests and `6hi`a specifically.
MR. KANEALI`I-KLEINFELDER: I like to hear you're aware of them, and just
more putting it out for the Council to think about as we start looking at the effects
of ROD and protecting our forests, and whether we should be writing that into not
our Code specifically, but our construction language. Thank you.
CHR. CHUNG: Okay, any other questions, comments? There being none, all
those in favor, say "aye."
Vote on Bill 137: The motion to pass Bill 137 on first reading and adopt
(Approved) Planning Committee Report No. 46 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.
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Hawaii County Council-33 March 11,2020
CHR. CHUNG: Motion carried.
MR. KERN: Thank you all very much. You all be safe.
CHR. CHUNG: Thank you very much. I've been asked to
take Resolution 514-20 out of order.
Res. 514-20: REAPPOINTS BONNIE S. NIMS AS THE LEGISLATIVE AUDITOR OF THE
COUNTY OF HAWAII TO SERVE A SIX-YEAR TERM BEGINNING
MAY 1, 2020
Reference: Comm. 782
Intr. by: Mr. Richards
Motion to Approve: Mr. Richards moved to adopt Res. 514-20. Seconded by
Ms. Kierkiewicz.
CHR. CHUNG: Discussion.
MR. RICHARDS: Yeah, thank you, Chair. I'm going to lead the discussion.
Ms. Nims is in the chambers, so could you come up to the table, please?
(Note: At this time, Legislative Auditor Bonnie Nims came forward to
address the members of the Council.)
MR. RICHARDS: This conversation came up when we were talking about our
Auditor, and it's a little bit goofy, and I know a concern was raised about how we
move forward with this because our Auditor is essentially autonomous, more or
less, to the group. And we don't want to have any veil of concern or shadows that
we may be supporting someone just because they're a good person.
When this came before me, it was kind of an interesting thing and I approached
this from a couple of perspectives. First of all, we as a County need an Auditor.
We know that for a fact. And Ms. Nims was appointed coming up on six years
ago for a term of six years. The question is, "and then what?" I think that's one
of those questions that we always are not exactly sure when we set out what's
going to happen at the other end.
According to the way this was written into our Charter, we have six years and
then until another one is appointed. The problem with that—and it's one thing if
we were in a geographical location to get an auditor from the next County or the
next municipality. We're stuck out here in the middle of the Pacific Ocean. So
then I took a look at it from what the intent of what we're trying to do, and I
talked to Corp. Counsel about this, and the intent is, again, to have an independent
auditor, and one that we have confidence in. Okay, I looked at that.
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Hawaii County Council-33 March 11,2020
Then I approached it from a small business standpoint. Our field of applicant is
not real big on the Big Island for a specific thing like this. And to have an auditor
that we know knows the ropes and we are confident of—and to my knowledge
there's been no concern with this auditor—why would we continue going
forward? Then the concern comes up is are we just reauthorizing something that
there might be a concern, and once we authorize is that a problem.
So again, as I understand this, and we may need Corp. Counsel to weigh in on
this, but if there's a concern that comes up, we can actually remove the auditor
with a super majority vote from the Council. So though we appoint for six years,
if some egregious or grievance problem arises, there is a way to manage through
that. So in my mind, for the County and for conducting the business of the
County, we have a competent, qualified person in the office now. We have the
metrics to retain them, we also have the metrics to remove them.
The problem with not reappointing is, and this comes from the employee
standpoint, if they don't know what their future is, then it's a little bit nebulous
and we're going to potentially lose the person in that position.
From my perspective what I was looking at was from an ethical standpoint, but
also from a conducting business standpoint, that there is a level of having to train.
We don't have to do the retraining, and if there's a concern that comes forward
we actually have the metrics already in place to remove. So strictly from a point
of doing business, I think this is the right thing to do. So with that, I'm going to
yield and open up to my Council Members and have some input. Then again,
Ms. Nims is before us now to answer any questions. So Chair, I yield.
CHR. CHUNG: Okay, Ms. David.
MS. DAVID: Hi. Thank you, Chair. Mr. Kamelamela, could you come?
(Note: At this time, Corporation Counsel Joseph Kamelamela came
forward to address the members of the Council.)
MS. DAVID: I understand, Mr. Richards, what you're doing and I fully support
it, but my question comes from the Charter language in appointing our Legislative
Auditor. It says that, "the auditor shall be appointed by the county council . . . "
which we have. We appointed Ms. Nims. " . . . and shall serve for a period of six
years and thereafter until a successor is appointed." My question is I know
Mr. Richards is appointing her, because the resolution says "for an additional six
year term." My question is, is there a process that we have to engage in to get
Ms. Nims reappointed aside from a resolution whereby she would be an applicant
again and go through that whole reconfirming process. That's my only question.
I have noI want her to be appointed again and I support her wholeheartedly, but
what I'm looking in is the language in our Charter that says, "and thereafter until
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Hawaii County Council-33 March 11,2020
a successor is appointed." And there's that famous word, "shall." So I'm asking
you.
MR. KAMELAMELA: Okay, so Joseph Kamelamela, Corp. Counsel. Actually,
we did have some discussion on it, and then we tried to breakdown a couple of
issues that I see. First, I think it's a good idea to pick it up now. Only because we
have someone like Nims kind of worried what's going to happen after six years.
Because the option is just to let it ride, but we don't know what's going to happen
when new Council comes in. So what I see for somebody that I see as qualified,
that might be kind of in limbo. So I think it's a good idea to bring it out now.
As far as the process, which is the other issue that we have here. You know, this
is one process, you know, you have the resolution and just vote. If you're happy,
you know,just say okay, we're going to appoint here for another six years. I
think that's one way to do it. And that's why I noticed that Lane Shibata had put
in a word for her. There is another process that Mr. Richards had talked about,
you know, that is the other option.
So this is a process. This is a valid process to do it. Then that would give her
certainty, you know, like now, because she has to make her own plans.
MS. DAVID: Right, but Mr. Kamelamela, I appreciate that and I appreciate the
fact that everyone that's appointed by this body, you know, has that unknown
issue when their term expires for that matter. And my question is whether we can
actually by a resolution—and if we—you say if we don't vote to approve this
resolution, it reflects on Ms. Bonnie Nims. No, and I don't think that's the proper
way, because she's a totally qualified person. But I'm just saying that I believe
that she should be able to reapply. I don't know what door we're opening by
creating a process where because of the reasons you state, by resolution this body
can just reappoint someone, when our Charter says the language.
And I'm not an attorney and that's why I'm asking you. So that's my question
and I think you answered it. And for now, I just want to hear my other
colleagues' input. Because this is an important issue.
MR. KAMELAMELA: It is, and I think it's up to this body to make a decision
on how to really approach it.
MS. DAVID: Okay, so for now I'm going to yield. I just wanted to put that out
there in your thought process. Thank you.
CHR. CHUNG: Well, Mr. Richards has his light on, but maybe if II'm just
going to symbolically relinquish the Chair, and if you can assume the Chair and
let me give my thoughts on this.
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Hawaii County Council-33 March 11,2020
MS. DAVID: Let the record show that I'm assuming the Chairmanship.
Relinquish Chair: At this time, Chair Chung relinquished the Chair to Ms. David.
MR. CHUNG: You know, one thing I really take pride in, and I think several of
you if not all of you do this as well. When it comes to the Legislative Auditor, I
take total hands off approach, right, and I think Bonnie will attest to that. We've
only had one meeting together, and that was when I first got into office and that
was a courtesy call that she made to me.
I also take that same hands off approach with the Elections Division as well as
Boards and Commissions, particularly the Ethics Commission. Okay, and I've
always said, and I think we all know relationship building is so important in
government. But with regard to these three bodies, no, we have to let them have
full autonomy and be unbiased in whatever they do.
Having said that, when I talked to Bonne that first time—and I've got to admit
first, we had some drinks last night, Maile and I, right, but we didn't talk about
this matter. We did not. But I agree with her 100 percent. And I conveyed to
Mr. Richards, because he was actually articulating my concerns about this
process.
This is how all of this evolved. County Clerk informed me that we needed to
reappoint or do something with the Legislative Auditor. Had he not told me that,
I would have never known, and we could have just gone on a month to month
forever. But he let me know, and then I thought about it and I remember what I
told Ms. Nims when I first met her. I think, in my opinion, this job doesn't go
from—it doesn't go six years from the time you take the job. This is only my
interpretation and it's not real clear in the Charter. It is a six-year term from the
beginning of a Council term. Six years from the beginning of a year almost,
basically.
Because it's different from department heads, it's different from County Clerk.
They serve at our behest. The Legislative Auditor does not. Independent.
MR. KAMELAMELA: Independent, yeah. I agree with that.
MR. CHUNG: So you know, when you said, Joe, there has to be certainty for her
to make her plans—and nothing against Bonnie, because I really like her work
and worried about what will happen with a new Council, that is the prerogative of
the new Council. This is not about relationship building, it's all about formalities
and process. I think, my belief is, Legislative Auditor's term started when it was
authorized by the Charter, and it goes six years. If someone took over in between
that six years, they don't go for an additional six years. They go to the end of the
term, and then get reappointed again.
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Hawaii County Council-33 March 11,2020
That's subject to argument. That's only my take on all of this. But even though,
there needs to be a process. You cannot just bring something up and say, "We're
going to reappoint this person." Because of the importance of this position, we
have to have an advertisement, we have to allow different people to apply. The
reality of the situation is we might not have any applicants. And if we adhere to
this procedure, we might not even have Ms. Nims as an applicant. She might say
"The hell with you guys, I'm leaving." But that's why you have the carry-over
provision, because it allows the new Council, or the Council at the end of six
years or the beginning of six years, to now get the situation, but to have the
Legislative Auditor still remain on staff until that is done.
You know, in pursuit of continual improvement, we need to have more applicants.
It could very well be that Ms. Nims, this is in my world, if we solicit requests for
applicants, it could very well be that she may be either the only one, or she might
get the job anyway. But we need to go through the process. We can't just say
she's in and she automatically goes in again. That kind of flies in the face of what
we try to achieve in government I think. In my opinion. That's my interpretation.
MR. KAMELAMELA: And I'm not saying that I disagree with you, because in
the end, it's up to the Council because of the way this is written, on what process
you want to use.
MR. CHUNG: Yeah, and that's why I go back to the conversation I had with our
County Clerk when he alerted me to this. I said, my thought is we just wait until
the new term, and then we start the process. Because I've never been involved in
the process of appointing a Legislative Auditor. Her predecessor was here before
I got on board, and she was already on board before I got on board. You might
have been involved. I know Matt wasn't, she certainly couldn't have been
involved, and none of you, right? I think it fairness to the public and fairness of
what our task is, to get the best qualified person for the job and then take a hands
off approach, it calls I think for a process of applying. That's only my feeling.
And I hope you understand, Bonnie, that's my feeling anyway. And it takes
nothing away from the good work that she's been doing, and there's a very good
chance thatI don't want to pre judge myself or anything like that—but a very
good chance that I would vote for her. But it's not at the convenience of the
worker. It's for the betterment of the County.
That's all I have to say about that. Now I'm going to go back and take over the
Chair, and Mr. Richards, go ahead.
Relinquish Chair: At this time, Acting Chair David relinquished the chair to Chair Chung.
MR. RICHARDS: Thanks, Chair. Aaron and I discussed this before bringing
forward the resolution before the Council, because I think we have these are one
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Hawaii County Council-33 March 11,2020
of those unanswered questions that when it was put forth through the Charter, this
was not considered. So I think we have a paradox.
I don't disagree in part with what Aaron's talking about that, very hands-off
approach. We want to be as squeaky clean as we possibly can. I get that and I
don't disagree with that. The problem is in the Charter it doesn't consider this.
This is one of those things, like I said, I started out, "And then what?" And the
paradox is because of the Sunshine Law we can't talk about this unless we do
something like this to talk about this. So here we are.
So that's part of the reason I brought forth the resolution, because we can't talk
about it. But now we can. So going forward—and I get that. And don't think I
don't hear what's being said as far as that. This is not unknown to Corp. Counsel,
because I did have conversations with Corp. Counsel about this, and Joe knows it
because obviously he had conversations with this entering in Corp. Counsel. In
my mind, we as a body have the ability to make a decision like this to go forward,
but I do hear the concern is if we there is no specified process in our Charter as
a reappointment. It just said, ". . . for the appointment". So this was coming out
of Corp. Counsel a concept that yes, we have the ability to do that. Again,
coming from a business standpoint, in my mind striving for efficiency—and I
know government is not the most efficient entity in the world that's where I'm
coming from on this.
I don't disagree with you, Aaron, as far as application process per se, except in the
fact that I think when I've had employees I don't make them reapply if I'm
confident in their level of competency. So that's where I'm coming from on this.
And looking to do—and I agree with you as far as betterment, but we don't have a
process in place to deal with this and that's why we're having this conversation.
So I'd like to hear from other Council Members. I yield.
CHR. CHUNG: Ms. Poindexter.
MS. POINDEXTER: Thank you, Chair. I think when we dealt with this, and
Karen can chime in after me, but you know, it gave the public making sure that
everything was transparent. So I thank Councilman Richards for bringing it up so
that we could have this discussion. Like you said, because of the Sunshine Law
we're prohibited. But basically, it was where it showed the public that the auditor
wasn't just going to be working for us, right? You know, right now we do the
reappointment, it's like we're not through the process of vetting that person in
public. You know, because we can vet you again in public and talk about the
wonderful things that you've done and the things that you've accomplished and
all, but there may be other people out there as well that we need to vet. It's the
hiring practices I think that we need to make sure and abide by as well, you know,
when we talk about equal opportunity.
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Hawaii County Council-33 March 11,2020
So Karen, can you chime in a little bit more on because it was you, me, Brenda
Ford, Fresh was there. I forget who else was the Council at that time when we
went through the process of hiring that auditor. I don't know. I'm sorry, Chair, I
was asking.
CHR. CHUNG: Go ahead.
MS. POINDEXTER: Thank you.
MS. EOFF: As I recall, J Yoshimoto was the Chair of the Council and we did go
through a very extensive selection process. I remember having a notebook with
several applicant's names and bios and backgrounds. And we did some of the
interviews in person in front of the Council. We did other interviews by
videoconference. As I remember Ms. Nims was one of the shining applicants and
I believe it was unanimously we chose her.
I agree she's done a great job and I'm kind of wondering too about the process
now. Mr. Chung brought up when the term actually starts and ends, and I guess
that would be something to consider. But no matter, if we were to just agree to
extend her term now like the Charter says until such time as another auditor is
appointed, then the new Council could go through the process, and Ms. Nims
would be hopefully one of the applicants.
I'm just playing this out as something that might satisfy some of the concerns.
Then if anyone else applies we that Council would actually have to conduct
interviews like we did at the time. Then I don't think there would be really any
question that it probably would be in the best interest of the County to reappoint
Ms. Nims. But yeah, whether we have to go through that process, I guess that"
what we're discussing now.
But I do remember the time we spent and the great length we went to,to flush out
the applicants. Does that help? I mean I'm not making anI don't really have an
opinion right now. I'm just listening to the concerns that are being raised and
thinking back on how she was appointed in the previous selection process.
CHR. CHUNG: Matt.
MR. KANEALI`I-KLEINFELDER: Hi Bonnie. I'm surprised that there is
nothing in Section 3-18 that describes how we go about the process of fulfilling
the position since it was created. I mean looking at our Charter, it's kind of
interesting. On the other end, we all like job security, it's a beautiful thing. You
don't have to worry about where you're going. So I understand that aspect. As
Council people, we have two years of job security and then we're gone or were
back, at the public's will. So I feel you, but I also think that when you know
there's a deadline for your position, that it forces you to work hard. Not that you
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Hawaii County Council-33 March 11,2020
do or don't, it just creates that mentality that you're going to do amazing things
because if you don't, you're job will come up for reappointment and then what
you've done will guide decision making from there on.
So I think it's good to have a deadline of some time. It is not clear in here that
there is a deadline at all besides six years and then thereafter until a successor is
appointed. It definitely needs some terminology fixing. I would agree with
Aaron though I think on this. Those are my thoughts. I'll leave it at that.
CHR. CHUNG: Rebecca, do you have any thoughts out there?
MS. VILLEGAS: Oh, I have lots of thoughts, Chair Chung.
CHR. CHUNG: Okay, go ahead.
MS. VILLEGAS: On this one, I agree that it's a little disconcerting that the
directions aren't as precisely laid out for this process; however, I consider myself
very grateful to have people on the Council who have navigated this process in
the past. And Karin's here, and her staff have worked through this with her in the
past. So Wendy's currently pulling up prior resolutions and looking at prior
process. So other than that, unfortunately I don't have anything to add as far as
solution.
I agree and support your—kind of your perspective and stance of treading lightly
when navigating any of these kind of decisions around the Legislative Auditor.
So yeah, I am on board to continue to navigate this process and figure out the best
means possible for coming up with a solution. It looks like Karen has some more
information here, so I yield.
MS. EOFF: I just wanted to add looking at the prior reso when Ms. Nims was
appointed, it does say that the appointment shall take effect May 1, 2014. So I
would think that would be the term, May 1st, for six years. Then there's nothing
that precludes us from asking her to stay on while we do a new selection process,
but whether we can just appoint her again through this reso, that's still what the
question, I think, we have to decide.
But it says her appointment shall take effect May 1st, so I would think that that
would start the six-year term.
CHR. CHUNG: Let me make a point on that before I call on Ms. Lee Loy. And
again let me reiterate. I'm not saying that my interpretation of the Charter is
correct, but if it is, it doesn't matter what was on that resolution. That resolution
could have been wrong, okay. The only person who would be aggrieved by that
provision, the May 1st date, would be Ms. Nims. Because she could say, "Hey
look. You know, I had a reasonable expectation to think that it would be six years
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Hawaii County Council-33 March 11,2020
hence from May 1st." Right? And she would have a really good argument in that
regard, and maybe we can honor that.
But I still think we should start to think whether this is something that is really
coterminous—well not coterminous—but starts at the beginning of the terms of
the Mayor and the Council. And just like the boards and commissions, if you take
over at any time, you're just filling the unfulfilled term of your predecessor. I
mean, that's all things we have to think about. But for now,just for the purposes
of this matter, I'm willing to say that—well no, no. I can't go that far because it
really throws everything out of whack, you know. Then you're going to have all
these different six-year terms. Let's say, you know, Bonnie chooses to leave two
months after May 1st, after she's reappointed, and then it becomes very messy.
But anyway, Ms. Lee Loy.
MS. EOFF: But if Bonnie's one doesn't leave, and you were to hold her
thereafter until a successor is appointed, that successor could be appointed at the
beginning of a Council term.
CHR. CHUNG: And you know, that really was what I had thought about when I
was alerted to this situation by Mr. Henricks. It justI mean, I don't want to do
anything illegal, but hey,just let it go, you know, until we could either take it up
at the beginning of the new term, or not take it up because there is the carry over
provision. But now when this thing comes up, it becomes an issue, right? So
we're kind of stuck between a rock and a hard place. Okay, Ms. Lee Loy. Oh,
Ms. Kiekiewicz.
MS. KIERKIEWICZ: Thank you, Chair. You know, Joe, I didn't like when you
said, "for the sake of continuity and job security." And this is no offense to
Ms. Nims because we have worked together on establishing a whistle-blower
program for Hawaii County, so I appreciate her expertise in that arena and just in
fortitude in wanting to get that done. But when you we have to do this so that
there's continuity, and you know, her job's at stake, what Matt said. We don't get
luxury. We have to earn the right to be here every two years. So I think for the
sake of transparency there's precedent that has been set in the past. We have to
have a vetting process.
I really think we need to have a vetting process here. That reappointments aren't
just guaranteed. Karen and Maile make really good points.
MR. KAMELAMELA: No, anyway—yeah, and I just wanted toI mean the
reason I made that statement is because I'm just saying on her behalf, that's what
she's looking for. But let me just throw in two other things. From what I recall,
we had a Legislative Auditor Schrandt I think was her name. Anyway, she had
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Hawaii County Council-33 March 11,2020
resigned and then she went to Oregon, and the reason why we had to go through
this process was because we actually needed to (inaudible).
The second point that I wanted to make, you know, there is some similarity that I
can relate to because I've been with the Corp Council's Office for 30 years, and
each time there's a change of the MayorI mean, I know it's not guaranteed.
But I happen to serve all the Mayors, and they didn't have to go through like a
different process. It's just that they kind of knew who I was, what I did. That's
why I said, there are different ways to do this. What Mr. Richards said is one
way. The other way is what Chairman Chung had said. In the end, it's going to
be up to the Council as to how you're actually going to do this, because it's not
stated on how.
CHR. CHUNG: Joe, I think the difference between the Corp. Counsel's Office
and Bonnie's position is that you and your office are a part of the Administration.
You guys work for the Administration—well, you're supposed to work for us too,
but
MR. KAMELAMELA: I'm fair to all you guys.
CHR. CHUNG: But Bonnie doesn't work for us.
MR. KAMELAMELA: No, she's independent.
CHR. CHUNG: She's independent from us. You know, I'll tell you this. My
feeling is this. Let's just say for argument's sake that her term expires at the end
of April. I personally am willing to allow her to stay on. I mean let's say the
majority of the people on this board feel that we have to go through an application
vetting process. And it might be short, really. We might only have one applicant,
really. Possibly. But I'm willing to do this: keep her on till the new guys come
on new people come on. Yeah, it gives some kind of certainty and fairness to,
you know, our Legislative Auditor.
Yeah, I don't know how you guys feel. I mean, I don't think we have to do it
right now. There is the carry-over provision, and I'm personally willing to let the
new Council tackle it if they choose. They might choose to keep on carrying it on
for all we know, right?
MR. KAMELAMELA: That's a possibility.
CHR. CHUNG: That's my thought. But I believe we need to go through a
process when we do select, and not just do it by, you know, a resolution and
without any proper vetting, and allowing other people to try to come on board
who may have unique skills.
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Hawaii County Council-33 March 11,2020
MR. KAMELAMELA: Yeah, and I'm not really disagreeing with you. You
know, I'm just saying there are different ways to do this.
CHR. CHUNG: I mean yeah, I don't know what you guys feel. Ms. Lee Loy.
MS. LEE LOY: Yeah, I think you just answered my question, what happens if we
don't do anything. But it sounds like we have a provision where it would become
month to month. Because I absolutely agree. I think we need a process just like
any other job, right? Apply, we vet. I'm actually scouring the ordinance back in
2008 that stood up the Legislative Auditor's Office and trying to understand the
legislative history behind that, which is exactly what Mr. Chung spoke about,
which is snapping off the Legislative Auditor's Office from being appointed by
the Council Chair. Because that's how it used to be.
I'm going to guess, but I also think there was a number of things that happened.
We went from partisan races to non-partisan races; we went from four-year terms
to two-year terms and then at that time the Council Chair appointed the Clerk and
the Legislative Auditor. So as these things evolved to where we are now, some of
the faculty and staff that came had to also evolve.
So with that, I would like Ms. Nims to stay month to month, but we have to
develop a process, because I think we can open the application process. Might be
Ms. Nims, might be a whole bunch of other people. That's where I stand. I want
to understand the legislative history a little bit more.
CHR. CHUNG: And before I call on Ms. Poindexter, you know, I can give my
assurance that I'm going to open this thing up until a new term comes, and I
assume, you know, if I'm here or not here; and you know, even opening it up at
that point, if it is done, it's going to take a while. So I have no intention of trying
to do anything in between from now until the new term. Ms. Poindexter.
MS. POINDEXTER: Thank you, Chair. So I believe that the public deserves to
be part of that vetting process again. And I think we've got to look at past
practices, right, because—and how we've done it before. Because I'm concerned
if we don't follow past practices, and say there's three people who is following
this and who knew that they could now start to apply or soon apply, then they're
going to say, "Hey, Tim Richards had put something in, and just because I'm I
don't know what nationality or whatever, and they know I'm coming to apply,"
would thatI mean, you know, you bring in equal opportunity, employment
opportunity in question, correct?
So there you go. Right there. So we need to follow our past practices so that we
don't put us in a situation where we will have to deal with the EEOC (Equal
Employment Opportunity Council).
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Hawaii County Council-33 March 11,2020
MR. KAMELAMELA: That's possible.
MS. POINDEXTER: Right, because any of our constituents can say, "Hey, I
have the ability to do this and I know I can maybe go audit something for you,"
and blah, blah, blah, whatever. You never know what happens behind closed
doors, right? And so for us to kind of try to change something right now and take
the whole past-practice process away, with allowing the public to be part of that
vetting process, is to me we're walking on a tightrope there. So anyway, I yield at
this time. I just wanted to say that.
Relinquish Chair: At this time, Chair Chung relinquished the chair to Ms. David.
ACTING CHR. DAVID: Thank you, Ms. Poindexter. Let the record reflect that I
have assumed the Chair again. Anyone else? Ms. Lee Loy, go ahead.
MS. LEE LOY: I'm formulating my thoughts here. I'm actually reading the
minutes from the meeting. I actually want to share this with the rest of my
colleagues, so maybe we can make a better, more informed decision. Just
circulating around why six years, the record here on March 11, 2008 said they
were looking at Marion Higa, who's our State Auditor, right, and they were trying
to mirror what they did. Marion Higa does it for eight years and the reason why,
and it says right here the reason we have six years and not four years or two years,
is that we want it because we want the independence of the Auditor. I'm more
than willing to share this in a communication so all my colleagues can begin to
read and understand the legislative history.
But also reflecting on what Ms. Poindexter said, at the very top of
Ordinance 08-81, which established this, it was for the transparency of the people.
So I hear what she's saying about past practices, but I want to get back to the
legislative intent. Whatever decision we make today, I don't mind moving
forward, I just want everyone to understand how we got here. And I'll be asking
my staff to put this in a communication so that everyone can understand that
legislative history.
Relinquish Chair: At this time, Acting Chair David relinquished the chair to Chair Chung.
CHR. CHUNG: Anyone else? Yes, Joeoh, we have Mr. Richards.
MR. RICHARDS: Once again because of Sunshine, we have to do it this way,
which is paradoxical. And I listened very carefully and I appreciate the fact. And
unfortunately Ms. Nims has to be the guinea pig going through this process,
because obviously this part wasn't thought out. This wasn't thought through, and
I think this is a little bit problematic for us going forward.
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Hawaii County Council-33 March 11,2020
I agree with the transparency portion, which I think in part is reflected by the part
that we can actually remove the Auditor if we choose to. Which I almost wonder
if that's appropriate, because if they're supposed to be independentI find that a
little paradoxical.
But anyway, long story short, I tap back onto just from a business standpoint,
from an efficiency standpoint, I get the transparency. But do we slow it down and
make it worse by getting as much regulation into is as we can so it really obstructs
it. That's my concern for government going forward. We have so much
overregulation that we obstruct ourselves.
But that being said, I'm hearing that the general feeling, and Chair, I'll let you
the concern going forward is that we may not be doing something legal, and I
think that's the question. And Joe, youI know you out of your office said this
iswe have two avenues, we can go by reappointment, or we can go through the
whole process again. In your opinion it would appear that both are acceptable,
though there are some concerns with the appointment.
MR. KAMELAMELA: Well there's more risk if you go your way, less risk if
you go the (inaudible).
MR. RICHARDS: And I get that. But there's risks in life.
MR. KAMELAMELA: And they're not small risks that we're talking about.
MR. RICHARDS: Anyway, that being said, Chair the way forward may be at this
point—of course we haven't even talked to Ms. Nims yet and I don't know if she
wants to make any comments. But the way forward, I'm willing to withdraw this
at this point, because that may be a better way to handle it for the short term.
CHR. CHUNG: Well why don't you just postpone it to the call of—somebody.
MR. RICHARDS: That would be the Chair. That would be you.
CHR. CHUNG: Yeah, that would be fine. I mean, and we can
MR. RICHARDS: Talk story if I need to do it. So we can do that. And I'm
willing to do this because again, I think this is a real important conversation to
have. Because obviously this was not thought through six years ago or seven
years ago whenever this was put through.
So Chair, this was—like I said, I'm willing to postpone to the call of the Chair,
and I don't know, Bonnie, if you wanted to make any comments or
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Hawaii County Council-33 March 11,2020
CHR. CHUNG: Let me say this: first of all, I don't think what was proposed by
you is improper or illegal.
MR. RICHARDS: Okay, thank you.
CHR. CHUNG: It all comes down to philosophies already. You know, and how
you apply it to the County Charter. I'm of the feeling that there are defined terms,
you know, whether it's from May 1st, or January or December, whatever. But
there are defined terms, and there needs to be some vetting. It's for the purpose of
transparency and continual improvement. The public needs that kind of
assurance.
MR. RICHARDS: And I can see that.
CHR. CHUNG: But there's no right or wrong answer right now in the absence of
anything specifically written down.
Motion to Postpone: Mr. Richards moved to postpone Res. 514-20 to the call of
the Chair. Seconded by Ms. Kierkiewicz.
CHR. CHUNG: Before we take that, I just wanted to say one more thing. I did
mention how I take a hands-off approach to this thing, but I wanted to also, you
know, acknowledge Bonnie. She's respected that. You know, she's never tried to
intrude on that, and I respect that and I greatly appreciate that. It's very important
in my book. It's very important in my book. So anyway, all those in favor, say
Ic aye.
Vote on Motion The motion to postpone Res. 514-20 to the call of
to Postpone: the Chair was carried by the following voice vote:
(Approved)
Ayes: Council Members David, Eoff,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas,
and Chair Chung—9.
Noes: None.
Absent: None.
Excused: None.
CHR. CHUNG: Motion carried. Res. 514-20 is postponed to the call of the
Chair. Let's take up (Res.) 502,the Sewer District, Kaloko-Kohanaiki.
Res. 502-20: RELATES TO THE FORMATION OF AN IMPROVEMENT DISTRICT FOR
THE CONSTRUCTION OF PUBLIC SEWER IMPROVEMENTS LOCATED
AT KALOKO AND KOHANAIKI, DISTRICT OF NORTH KONA, ISLAND
AND COUNTY OF HAWAII, STATE OF HAWAII
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Hawaii County Council-33 March 11,2020
Accepts and grants the petition seeking formation of an improvement district as
initiated by the owner of the assessable area and directs the Director of the
Department of Environmental Management to prepare and submit a report to the
County Council to include applicable surveys, plans, maps, and required data.
Reference: Comm. 757
Intr. by: Ms. David (B/R)
Approve: FC-107
Motion to Approve: Ms. David moved to adopt Res. 502-20. Seconded by
Ms. Eoff.
MS. DAVID: If I may, I will defer to Ms. Eoff. This her district.
CHR. CHUNG: Alright.
MS. DAVID: Thank you.
MS. EOFF: I think we had quite a bit of discussion on this already. But I just
urge us to continue to support it. They've shown that this Improvement District is
going to provide hook-up and is what we want, everybody to go into the sewer
treatment plant. And it's also—shouldn't have any problems going forward
through the process because there's a single land owner contributing to it that
would be assessed at this point. And they're all in agreement with themselves.
So thank you.
CHR. CHUNG: Okay, anyone else? There being further discussion, all those in
favor, say "aye."
Vote on Res. 502-20: The motion to adopt Res. 502-20 was carried by the
(Adopted) following voice vote:
Ayes: Council Members David, Eoff,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas,
and Chair Chung—9.
Noes: None.
Absent: None.
Excused: None.
CHR. CHUNG: Motion carried. Let's go on to—Ms. Villegas, you wanted
(Res.) 510?
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Hawaii County Council-33 March 11,2020
Res. 510-20: ACCEPTS A DONATION TO THE DEPARTMENT OF PARKS AND
RECREATION FROM BEYOND PESTICIDES FOR SOIL ANALYSIS AND
REVIEW OF TURF MAINTENANCE PRACTICES
Services valued at approximately $7,500 would be provided at Kuawa Park and
Pahoa District Park.
Reference: Comm. 777
Intr. by: Ms. Villegas
Waived: PRC
Motion to Approve: Ms. Villegas moved to adopt Res. 510-20. Seconded by
Ms. David.
CHR. CHUNG: Ms. Villegas, go ahead.
MS. VILLEGAS: I just want to say I guess a really big thank you to Ms. Wahjen
and Mr. Komata and the rest of the Parks and Rec. staff, for participating in those
two days of training with Beyond Pesticides. This resolution was asked to get
moved through Committee because of the timeframe for that training, but we're
really excited for the beginning of kind of this at least a one-year transition
process, and the support that Beyond Pesticides will continue to provide to Parks
and Rec. and have already begun doing.
I just wondered if James or Roxcie had anything they wanted to say. I just
wanted to give you that opportunity.
(Note: At this time, Deputy Parks and Recreation Director James Komata
came forward to address the members of the Council.)
MR. KOMATA: Good morning. James Komata, Deputy Director for Parks and
Recreation. I just wanted to say thank you to Council Members Villegas and
Kaneali`i-Kleinfelder for attending the trainings with our staff, and being very
involved and showing their support for this intent to move forward with this
herbicide free pilot project at our two parks. So thank you.
MS. VILLEGAS: Thank you so much, James. I thought it was a really great
couple of days, and just really excited for the momentum and education, and the
opportunities that lay ahead for us. So with that, I yield.
CHR. CHUNG: Okay, anyone else? James, Roxcie, thank you very much the
follow through. Matt, go ahead.
MR. KANEALI`I-KLEINFELDER: I just want to say that was very neat. I
learned a lot that day, and I think the staff that we worked with enjoyed it. And I
think they learned, too. Some of the guys learned, and they were really interested.
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Hawaii County Council-33 March 11,2020
A couple of things came out of that that we can move on with later on. And even
equipment that we have that we don't use currently at the parks that could be used
to help us keep our fields better maintained after this. So thank you, Rebecca, for
putting this on. And thank you for your support. I appreciate it Roxcie and
James, for your being here and for supporting this.
CHR. CHUNG: Okay, anyone else? If not, we have a motion on the floor. All
those in favor, say "aye."
Vote on Res. 510-20: The motion to adopt Res. 510-20 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. I'm going to call (Res.) 523, for Bill.
Res. 523-20: AUTHORIZES THE SUBMITTAL OF A SECOND FINANCIAL
ASSISTANCE APPLICATION TO THE BUREAU OF RECLAMATION FOR
THE PLANNING, DESIGN, AND CONSTRUCTION OF THE EXPANSION
OF THE KEALAKEHE RECYCLED WATER TREATMENT AND
DISTRIBUTION SYSTEM, AND AUTHORIZES THE MAYOR TO ENTER
INTO AN AGREEMENT WITH THE BUREAU OF RECLAMATION TO
ACCEPT FUNDS FOR THE EXPANSION
Authorizes the Department of Environmental Management to apply for federal
funds for the expansion of the Kealakehe Wastewater Treatment Plant R-1
Upgrade project.
Reference: Comm. 794
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to adopt Res. 523-20. Seconded by
Ms. Eoff.
MS. DAVID: And I will defer to Ms. Eoff and Mr. Kucharski, Director.
CHR. CHUNG: Okay. Go ahead, Ms. Eoff.
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Hawaii County Council-33 March 11,2020
MS. EOFF: Kealakehe Wastewater Treatment Plant is in my district, and one of
the projects I've closely followed and supported over the years. This is a must do
project, and I'm grateful for any kinds of funds towards the completion to provide
the R-1 water.
CHR. CHUNG: Very good. Anyone else?
MS. DAVID: I just would like to ask Director Kucharski to give us a brief status
on the progress of that.
(Note: At this time, Environmental Management Director William
Kucharski came forward to address the members of the Council.)
MR. KUCHARSKI: Thank you. Bill Kucharski, Director, DEM. The Bureau of
Reclamation has grant programs for projects throughout the U.S. The Kealakehe
R-1 system was one of the original facilities and projects that was put on, and that
was about 10-12 years ago. The first grant application that we made was last
year. We received $600,000 plus or minus from the Bureau of Reclamation.
They are going to take $70,000 of that to complete feasibility study and a federal
EIS (Environmental Impact Statement) is required. They're going to cover those
activities with those monies.
We are now putting in a second application and we're looking at a little over a
$1.4 million in grants. The Bureau of Reclamation grants will give you
25 percent of your costs, but a maximum output on a project to $20 million. And
those little millions here and there add up after a while, so we're pleased to do
that.
We're also going to be looking at a grant writer to help on pursuing these, because
putting these grants together takes a considerable amount of time and effort from
staff and we frankly don't have all that much time available for them. So this has
worked out very nicely.
MS. DAVID: Thank you, Director. I yield.
CHR. CHUNG: Okay, anyone else? If not, we have a motion on the floor. All
those in favor, signify by saying "aye."
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Hawaii County Council-33 March 11,2020
Vote on Res. 523-20: The motion to adopt Res. 523-20 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. Thank you, Bill. (Bill) 134. Okay, let's do that.
Bill 134: AMENDS CHAPTER 3, ARTICLE 1, OF THE HAWAII COUNTY
(Draft 2) 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. 714.2
Intr. by: Ms. Lee Loy
First Reading: February 19, 2020
Vote on Bill 134: Ms. Lee Loy moved to pass Bill 134, Draft 2, on second
Draft 2 and final reading. Seconded by Ms. David and carried by
(Adopted) the following voice vote:
Ayes: Council Members David, Eoff,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas,
and Chair Chung—9.
Noes: None.
Absent: None.
Excused: None.
CHR. CHUNG: Motion carried. Okay, so let's take up Res. 503.
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Hawaii County Council-33 March 11,2020
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
Postponed: February 19, 2020
(Note: There is a motion by Mr. Kaneali`i-Kleinfelder, seconded by
Mr. Richards, to approve Res. 503-20.)
CHR. CHUNG: Discussion anyone? Mr. Richards.
MR. RICHARDS: Thank you, Chair. So going through the conversation last
time, we discussed having an outside university that we're spending our public
funds on, and I understand that one time is a resource and some expertise, but
ongoing, this is a renewal of another year, and it kind of puzzled me a little bit.
So I did a little digging into it, and I did speak to members of the University of
Hawaii, and one of the comments that we had previously was, okay, if we're
going to be expending this money, why aren't we expending it in our own state
with our own university. Why are we exporting those dollars?
So I raised that concern and that question, and perhaps they are the experts for a
portion of this. But in my mind, shouldn't they at the very least be working in a
cooperative relationship with our local university? And apparently we have a
resource on Maui that potentially could be this through the university systems. So
I have trouble spending our County funds on a university system that isn't at least
related to our state, let alone the County.
I understand seeking expertise outside the County, that's not the issue. But it
should be in concert with this. So I can't see supporting this, especially if it's
been going on and on for many years. So I want to hear some of the other
Council Members. So I yield.
CHR. CHUNG: Well, let me weigh in on that. You know, I had those same
concerns, and Riley, to his credit, was sending me a lot of documents at my
request. And you know, they had to do with the briefs and you know, other
matters. Because I too want to see these monies expended to enhance our
universities, right? But now it's becoming apparent to me, you know, after
talking with Riley. And you know, I really asked him a lot of questions on this
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Hawaii County Council-33 March 11,2020
thing. You know, when they provide briefs for these types of dockets,the
University of Hawaii has a conflict, because they're—and maybe Riley might
want to explain, but there are some inherent conflicts because they might be doing
something for some of the other people, applicants. So we almost have to get
somebody outside. Or private consultants, you know, in Hawaii.
But yeah, and you know, I asked Riley even questions about how successful have
we been in the past in trying to get the PUC go with what we're asking. He said,
you know, there have been some successes of course. But Riley, do you want to
kind of expand on that? And also, you mentioned looking at a one-year contract.
I don't know if you guys want to—are still looking at that.
(Note: At this time, Deputy Research and Development Director
Riley Saito came forward to address the members of the Council.)
MR. SAITO: So first, with the University of Hawaii and the technical—because
all of this has to do with the utility, and so there's technical information, technical
expertise required. The Hawaii Natural Energy Institute (HNEI) is the arm of the
University that actually deals with renewable energy and technical studies,
workshops, analyses, modeling, along with they also consult at times with the
PUC, the consumer advocate and/or the utility. For full disclosure, I understand
disclosure, HNEI through their research is actually the entity that is working on
the hydrogen bus and the fuel charging station.
So in that they may be involved with PUC dockets, either for the PUC agents who
advocate, it would be really a conflict for them to then represent the County of
Hawai`i as a participant in the dockets. So it limits their participation. In looking
at different things as they come up, looking for professional services, I do run it
past HNEI and in general it's a conflict, because they have many other
relationships.
CHR. CHUNG: Okay. You know, I don't know if that answers your question,
Mr. Richards, but you might want to try to ask more questions.
MR. RICHARDS: I've got another one.
CHR. CHUNG: Go ahead.
MR. RICHARDS: Okay. Thanks, Chair. Thanks, Riley. And that actually
makes sense. We have the consumer advocate sitting at the table for the PUC
hearings. Do we need more—and again, earlier today we were talking about
budget constraints, and this is what, the fifth year of a $100,000 per year deal, in
your opinion, do we need this outside information yearly? Or a one-time deal,
would that have been better? Your opinion, please.
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Hawaii County Council-33 March 11,2020
MR. SAITO: Well, these dockets actually transcend several years. And these
dockets we are dealing with right now are the outcome of the denial of Nextair's
merger with the utility. So once that was established, the new pact was to
redesign how the utility is compensated, how the grid planning—it's a new
approach, integrated grid planning where they're talking transmission and
distribution, generation, distributed generation, all in one planning docket, which
is different. It used to happen in different dockets, and so we're trying to cross
silos on the technical aspects of generation and delivery. And these dockets in
2018. Just based on the schedule delivered by the PUC, an early estimate would
be 2021 when the PUC would deliver its initial decision and order.
The actual planning window for the IGP (Integrated Grid Planning) and
performance-based rate making is a five-year window. So what we're trying to
do with the public performance-based rate making is set up metrics in which the
utility will be compensated at this point, have a set of metrics in they can perform
to and meet, and should they met it, they would get paid back. If they failed to
meet it they would get less money. If they exceed the goals in the metrics they
would get more money.
So this is something very unique and different in how a monopoly, a utility that's
as monopoly would be guided by the PUC and the consumer advocate to
change how their compensated to something performance-based. This is
extremely complicated when you think of the technical planning window that
we're trying to do, that involves the cost and operation of the utility. So that's
where the continuity is definitely an essential element through the years. If we
brought in a new partner every year, there would be a tremendous learning curve.
I mean tens of thousands of pages that would have to be read to catch up.
So that is an advantage of having the multi-year is to be effective. And we have
been effective with—especially in most recently what I sent to Chair Chung was
the requested rate increase by the utility. With that, while others are questioning
more of the technical aspects, really we're working with the PUC and the
consumer advocate and the utility on drilling down on the administrative costs.
Because as we hear the great news of these power purchase agreements at nine
cents a kilowatt hour or eight cents a kilowatt hour, that is a generation
operational incremental cost. We're fighting, and the County of Hawaii has been
with Arizona State University moving that forward to crack the administrative
fixed-cost aspect of the utility. Well that, you know, generally wasn't questioned
or really understood.
So that's where we're focusing where others aren't in order to—and in the rate
case, this is the first rate case in which the utility was not awarded a temporary
increase. If you reflect back, you'll think about in the news media you'll hear that
the PUC has awarded an interim rate increase during the test year. The utility
applied for 10 percent,the temporary increase is five percent, and once the final
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Hawaii County Council-33 March 11,2020
decision and order will come out, it will be adjusted to true it up compared to, you
know, evidence. You know, once all the evidence is submitted.
While this case is based on—and they did note through testimony by the County
of Hawai`i, that the utility had failed to meet the criteria that the cost was
justified. So on that basis, there will be no interim rate increase until we complete
the test year. So I consider that significant as far as it's the first time I've heard of
that. That it was actually denied.
MR. RICHARDS: Okay, and do we partner up with other counties? Because we
all have power grids, so I would assume that they are doing the same thing when
it comes to their rate hikes?
MR. SAITO: Not necessarily. Each county participates in their own rate hikes
pretty much on their own, and other cases in the grid planning, the electrification
of transportation and the performance-based rate making, we do to the extent if
there's—but I only think—Honolulu County is in one of those, and I don't think
Maui is in the grid planning or the PBR (Performance-Based Rate making). The
electrification of transportation, the counties definitely do collaborate on that.
MR. RICHARDS: Okay. And this role you believe cannot be filled by the
consumer advocate, is that correct?
MR. SAITO: Correct.
MR. RICHARDS: Okay.
MR. SAITO: Part of what happens is that with—our island is so unique in its
vastness, the land, the transmission distribution generation from central points, the
importing of the fuel, the transportation. The fuel all comes into Hilo and gets
trucked to Kona basically. So all of these additional costs, additional distances
that energy is generated and transmitted makes it very unique or standalone.
Compared to, you know, Kauai—you can fit Kauai in Puna. So yeah, we have a
different set of problems that we need to keep reminding—how do I say this?
Keep reminding others that Hawaii Island has unique characteristics to it that
need to be addressed and heard.
MR. RICHARDS: Okay. Thanks, Chair, I yield.
CHR. CHUNG: You know, Riley—Matt, go ahead.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I appreciate that we're
looking for local students, local schools to give us input and assist us with what's
on the table, but what I'm hearing from Riley is the outcome of this assistance
from ASU has the potential to save the people of this island a lot of money. In
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Hawaii County Council-33 March 11,2020
that case, I want the best people that we can get to help us make the decisions.
The PUC, we have right now is very good, and they're solid. And I like them.
I've met them all, talked to them and I appreciate them.
But I want to know that this County is doing our outreach and doing it in the best
way that we can. If no one here locally can do that, then I fully support this. If
ASU (Arizona State University) is the best university to come and do this, then
great, I'll take them. But I want to know that we are being as fore-thinking that
we can in how to deal with PUC dockets and anything that comes with the PUC.
Especially just from being a sole electrician and knowing what we've dealt with
in the past 10 years as far as grid and energy and how we interact as a company
and what that means to the people who depend on that business and the customers
who pay those bills, I am very hopeful this would have a great outcome. So that's
my two cents.
CHR. CHUNG: Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. You know, I want to lend my support
for this agreement between the County and ASU. As someone that has in my
previous outfit monitored PUC documents, to say that they are complex is putting
it mildly. And with our 100 percent clean energy renewal energy mandate, all
these different policiesI mean, we are going up against the utilities, we are
going up against independent power providers that have a lot of money and are
going to be advocating for their interests.
So as my colleague from Puna alluded to, we want to make strategic investments.
This is one of them that is going to help us save for our rate payers. Just looking
at trending documents that we have going on right now with the PUC, 2014 we're
still reviewing the PSIPs, the Power Supply Improvement Plans, for our local
utilities. 2007,they're taking a look at integrated demand response portfolio
plans. From 2013, they're reexamining decoupling mechanisms. So I don't know
about you, but this is not in my wheelhouse. So if our County is going to be
working with the technical expertise to make sure that our island's unique
interests are represented, I'm going to support that.
Riley, thanks for staying on this, and maybe quarterly you can just submit updates
via communication to the Council, that way we know what exactly our County is
following and weighing in on. Thank you, Chair. I yield.
CHR. CHUNG: Okay, anyone else? Yeah, you know, that's really one of the
questions, touching upon what Matt asked or said. You know, I did ask Riley
yesterday is ASU the best. And he didn't say they're the best, but he said they are
very good. Right? Something like that, right, Riley? And that's all we want to
know. We want to make sure that we're getting a good bang for the buck.
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Hawaii County Council-33 March 11,2020
But you know, Mr. Richards brought up on interesting thought. Who are the
other counties hiring?
MR. SAITO: They hire from what I can recall, like law firms.
CHR. CHUNG: So private, I mean, professional consultants.
MR. SAITO: Right. And to give you an idea, in looking at the docket procedures
from the counties' perspective for 15 months. Prior to that, working for
SunPower Corporation in my old consulting business, I've been involved in the
PUC's process since 2004, and the legislative process through 2004, involved in
all the various dockets that got us to where we are. And we're representing
SunPower, and I got to view ASU representing the County in the Nextair
proceedings in that docket. I was just jealous. I was like, "Wow, these ASU guys
are on it."
CHR. CHUNG: Riley, yeah, I think we're sold on how good they are. I just
wanted to know who's being hired by the other counties. So they're all private
professional consulting firms?
MR. SAITO: Lawyers, correct.
CHR. CHUNG: Okay. Yeah, alright. Okay, thank you. Anyone else? Yes,
Ms. Kierkiewicz.
MS. KIERKIEWICZ: Sorry, I wish I was an expert in procurement. But we're
not violating any procurement—there's no procurement issues here? There's no
vetting process? I mean, putting out an RFP (Request for Proposals) to see if
there are other universities that could potentially serve this role?
MR. SAITO: We did go through the professional services procurement
procedure.
CHR. CHUNG: This is a very specialized area, right?
MS. KIERKIEWICZ: So the ASU was the only applicant?
MR. SAITO: Oh no. There were three others. Or, we put it out to four, and one
came back they weren't interested. And we went through the selection process
with the three applicants.
MS. KIERKIEWICZ: Okay, thanks for clearing that up.
CHR. CHUNG: Riley, I have one last question though. You know, you talked
about how if we brought in a new contractor, it would take many man hours for
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Hawaii County Council-33 March 11,2020
them to go over the volumes of files. Are we kind of setting ourselves up to
making ASU this indispensable contractor? Almost propriety in nature?
MR. SAITO: No, I wouldn't say so. I wouldn't say that, because all of the work
products are supposed to be filed and available. So if I were to approach further
procurement, it would be advising the bidders so to speak of what dockets we're
involved in. And I would test them on their knowledge.
CHR. CHUNG: Okay, okay. Very good. Alright Riley. Thank you very much.
Mr. Richards.
MR. RICHARDS: Quick question, Riley. So this is the fifth of five years? Is
that my understanding?
MR. SAITO: Oh no. No,this is the second of four years.
MR. RICHARDS: Second of four. Okay. So at the end of this, then we start
again and go through the whole vetting process, application et cetera. Is that what
would happen?
MR. SAITO: Correct.
MR. RICHARDS: Okay. So the four years is based on what we're estimating
this PBR and IGP and EOT (Electrification of Transportation) dockets to be kind
of winding down. But still, in the language of the contract, it's by—it's still
we're asking for the four years, but it's really a mutual agreement extension of
one year for each time. But since last year was a one year contract, since we're
requesting the extension now it becomes multi-year. So Corp. Counsel felt it's
best to bring it before Council.
MR. RICHARDS: Okay and then you have to come back again next year to do it
again. Is that how this works?
MR. SAITO: Well if you approve the resolution as written, we would not—I
don't believe we need to come back.
MR. RICHARDS: Okay, thank you.
CHR. CHUNG: Okay, we have a motion on the floor. All those in favor, say
Ic aye.
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Hawaii County Council-33 March 11,2020
Vote on Res. 503-20: The motion to adopt Res. 503-20 was carried by the
(Adopted) following voice vote:
Ayes: Council Members David, Eoff,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Poindexter, Villegas,
and Chair Chung—8.
Noes: Council Member Richards — 1.
Absent: None.
Excused: None.
CHR. CHUNG: Motion is carried. Let's go to the top of the agenda.
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.
(Note: Comm. 776 was taken up previously, out of order.)
Comm. 312.8: REPORT OF ATTENDANCE OF COUNCIL MEMBERS
KANEALII-KLEINFELDER, RICHARDS, AND VILLEGAS AT THE
MAHIAI A OLA—FARM TO TABLE CELEBRATION AND AWARD
CEREMONY FOR THE "MAHI`AI MATCHUP" HELD ON FEBRUARY 7,
2020, PURSUANT TO HAWAII REVISED STATUTES SECTION 92-2.5(e)
From Council Member Tim Richards, dated February 13, 2020.
Motion to Close File: Mr. Richards moved to close file on Comm. 312.8.
Seconded by Ms. Lee Loy.
CHR. CHUNG: Any discussion?
MR. RICHARDS: Just in compliance with Sunshine Law. Three of us were
there, so we're just letting everybody know.
CHR. CHUNG: Okay. All those in favor, say "aye."
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Hawaii County Council-33 March 11,2020
Vote on comm. 312.8: The motion to close file on Comm. 312.8 was carried by
Filed 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.
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.)
Res. 501-20: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE
FOR ONE MULTI-FUNCTION COLOR COPY MACHINE FOR THE OFFICE
OF THE MAYOR
Authorizes the Mayor to enter into a three-year lease agreement with an
approximate monthly cost of$360.
Reference: Comm. 756
Intr. by: Ms. David (B/R)
Approve: FC-106
Vote on Res. 501-20: Ms. David moved to adopt Res. 501-20. Seconded by
(Adopted) 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.
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Hawaii County Council-33 March 11,2020
Res. 507-20: 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
EXPLORATION FOUNDATION TO SUPPORT THE WEST HAWAII
EXPLORATIONS ACADEMY'S ROBOTICS TEAM
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. 770
Intr. by: Ms. Villegas
Motion to Approve: Ms. Villegas moved to adopt Res. 507-20. Seconded by
Ms. Eoff.
CHR. CHUNG: Ms. Villegas, go ahead.
MS. VILLEGAS: I just ask for your support. You heard the testimony of the
students this morning from West Hawaii Explorations Academy. I was sincerely
and deeply impressed by their words and the way that this program has impacted
their lives. So I ask for your continued support.
CHR. CHUNG: Okay, anyone else? If not, we have a motion on the floor. All
those in favor, say "aye."
Vote on Res. 507-20: The motion to adopt Res. 507-20 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. Okay, next.
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Hawaii County Council-33 March 11,2020
Res. 511-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO SELF
DISCOVERY THROUGH ART FOR ITS "RECOVERY, RESILIENCE,
RECREATION MODEL OF WELLNESS"PROGRAM
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. 778
Intr. by: Ms. Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 511-20. Seconded
by Mr. Richards.
CHR. CHUNG: Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you. I just want to mahalo N.J. and Nidhi for all of
their work over the last few years to craft and move this program forward. I'm so
happy to have been a supporter from the very beginning, and I'm working with
them to try to get this into our schools. I think there's just a lot of benefit to many
folks in the community and I'm so grateful that Matt is also supporting it. There's
so much benefit to our constituents in Puna that are still dealing with the trauma
of the eruption. I've gone to a few classes, and they've really put together a
dynamite program. So if others are interested in supporting, I'm sure that Nidhi
and N.J. would be really grateful. Thank you, Chair. I yield.
CHR. CHUNG: Okay, anyone else? If not, we have a motion on the floor. All
those in favor, say "aye."
Vote on Res. 511-20: The motion to adopt Res. 511-20 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.
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Hawaii County Council-33 March 11,2020
Res. 512-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HUI ALOHA
`O PUNA MAKAI TO SUPPORT ITS SUMMER WORKSHOP AND YOUTH
ACTIVITY SERIES
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. 779
Intr. by: Ms. Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 512-20. Seconded
by Mr. Richards.
CHR. CHUNG: Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you. I just want to mahalo Aunty Luana Jones,
Leah Goikier, and folks that represent Hui Aloha `O Puna Makai for all of their
efforts to get more cultural programming out into our community and into the
hands of our youth and their families. It's really the foundation to building
strong, healthy families. Just for everyone's support.
CHR. CHUNG: Okay, anyone else? There being none, all those in favor, say
Ic aye.
Vote on Res. 512-20: The motion to adopt Res. 512-20 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.
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Hawaii County Council-33 March 11,2020
Res. 513-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO SELF
DISCOVERY THROUGH ART FOR ITS `BOUNCING BACK!"PROGRAM
Transfers $1,000 from the Clerk-Council Services —Contingency Relief account
(Council District 5); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 780
Intr. by: Mr. Kaneali`i-Kleinfelder
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 513-20.
Seconded by Ms. Kierkiewicz.
CHR. CHUNG: Matt.
MR. KANEALI`I-KLEINFELDER: I'm an artist in a past life, and I justI
appreciate what they're doing. And you know, they're helping the community
and in a very creative way. I like that. And they came and did a nice presentation
for me, and I just appreciate them kind of doing a creative way of, you know, as
they say "bouncing back" for recovery. So I appreciate your support.
CHR. CHUNG: Okay, we have a motion on the floor. All those in favor, say
Ic aye.
Vote on Res. 513-20: The motion to adopt Res. 513-20 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.
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Hawaii County Council-33 March 11,2020
Res. 515-20: 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
NORTH KOHALA COMMUNITY RESOURCE CENTER FOR THE
2020 KOHALA HIGH SCHOOL PROJECT GRAD NIGHT
Transfers $2,000 from the Clerk-Council Services —Contingency Relief account
(Council District 9); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 783
Intr. by: Mr. Richards
Motion to Approve: Mr. Richards moved to adopt Res. 515-20. Seconded by
Ms. Lee Loy.
CHR. CHUNG: Any discussion?
MR. RICHARDS: This is something that I think the Council all sees in all of our
districts, and this is the home of Division 2 Kohala Cowboy basketball
champions.
CHR. CHUNG: Very nice.
MR. RICHARDS: I ask for your support.
CHR. CHUNG: We have a motion on the floor. All those in favor, signify by
saying "aye."
Vote on Res. 515-20: The motion to adopt Res. 515-20 was carried by the
(Adopted) following voice vote:
Ayes: Council Members David, Eoff, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas,
and Chair Chung—8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
CHR. CHUNG: Motion carried.
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Hawaii County Council-33 March 11,2020
Res. 516-20: 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 $4,000 from the Clerk-Council Services —Contingency Relief account
(Council District 9); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 784
Intr. by: Mr. Richards
Motion to Approve: Mr. Richards moved to adopt Res. 516-20. Seconded by
Ms. David.
CHR. CHUNG: Mr. Richards.
MR. RICHARDS: Yeah, this is something that people in Council have seen me
supporting over the last three or four years. We've been looking for money for
them, and they are trying to expand the program, so they actually have a place in
Waimea as well. So going island wide, it started in Hilo, then Kona, now getting
Waimea. So one more and we'll get one in Ka`u; working on it. I ask for your
support.
CHR. CHUNG: Okay, we have a motion on the floor. All those in favor say
Ic aye.
Vote on Res. 516-20: The motion to adopt Res. 516-20 was carried by the
(Adopted) following voice vote:
Ayes: Council Members David, Eoff, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas,
and Chair Chung—8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
CHR. CHUNG: Motion carried.
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Hawaii County Council-33 March 11,2020
Res. 517-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A
DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KAHUA
PA`A MUA, INC., FOR EXPENSES RELATING TO PROJECT REACH OUT,
A SUICIDE PREVENTION INITIATIVE
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 9); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 785
Intr. by: Mr. Richards
Motion to Approve: Mr. Richards moved to adopt Res. 517-20. Seconded by
Ms. Lee Loy.
CHR. CHUNG: Mr. Richards.
MR. RICHARDS: Yeah, this a little bit of a somber note. This is pretty serious
situation with suicide. This group is centered in North Kohala, David Fuertes'
group, but it's island-wide. They go island-wide. Unfortunately last year they ran
out of funding before they got back home, and we lost a student in Kohala. So I
ask for your support.
CHR. CHUNG: Okay, we have a motion on the floor. All those in favor, say
Ic aye.
Vote on Res. 517-20: The motion to adopt Res. 517-20 was carried by the
(Adopted) following voice vote:
Ayes: Council Members David, Eoff, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas,
and Chair Chung—8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
CHR. CHUNG: Motion carried.
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Hawaii County Council-33 March 11,2020
Res. 518-20: 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 2020 LIVE ALOHA FESTIVAL
Transfers $500 from the Clerk-Council Services —Contingency Relief account
(Council District 2); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 786
Intr. by: Mr. Chung
Vote on Res. 518-20: Ms. David moved to adopt Res. 518-20. Seconded by
(Adopted) Ms. Lee Loy and carried by the following voice vote:
Ayes: Council Members David, Eoff, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas,
and Chair Chung—8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
Relinquish Chair: At this time, Chair Chung relinquished the chair to Ms. David.
ACTING CHR. DAVID: Thank you. Let the record note that I am assuming the
chair. Mr. Clerk, Resolution 519-20.
Res. 519-20: 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 6TH ANNUAL PRINCE KUHIO DAY HO`OLAULE`A
Transfers $1,500 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 787
Intr. by: Ms. David
Motion to Approve: Ms. Lee Loy moved to adopt Res. 519-20. Seconded by
Ms. Kierkiewicz.
ACTING CHR. DAVID: I just want to ask for your support for this wonderful
ho`olaule`a in Ka`u. Thank you. All those in favor, please say "aye."
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Hawaii County Council-33 March 11,2020
Vote on Res. 519-20: The motion to adopt Res. 519-20 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Eoff, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards,
Villegas, and Acting Chair David—8.
Noes: None.
Absent: Council Chair Chung— 1.
Excused: None.
ACTING CHR. DAVID: Mr. Clerk, Resolution 520-20.
Res. 520-20: 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
HAWAII ISLAND PORTUGUESE CHAMBER OF COMMERCE
CULTURAL AND EDUCATIONAL CENTER FOR ITS MALASADA
SHUFFLE 5K AND FAMILY FUN FESTA RADIOTHON
Transfers $3,000 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Department of Research and Development,
Tourism Promotion account.
Reference: Comm. 788
Intr. by: Ms. David
Motion to Approve: Ms. Lee Loy moved to adopt Res. 520-20. Seconded by
Mr. Kaneali`i-Kleinfelder.
ACTING CHR. DAVID: Before we go to discussion and voting,
Mr. Kaneali`i-Kleinfelder.
Motion to Amend: Mr. Kaneali`i-Kleinfelder moved to amend Res. 520-20
with the contents of Comm. 788.1. Seconded by
Ms. Lee Loy.
ACTING CHR. DAVID: I just wanted to make a note that this just amends the
date of the event, and I ask for your support.
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Hawaii County Council-33 March 11,2020
Vote on Amendment: The motion to amend Res. 520-20 with the contents of
(Approved) Comm. 788.1 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.
ACTING CHR. DAVID: We're back to Resolution 520 as amended. All those in
favor,please say "aye."
Vote on Res. 520-20: The motion to adopt Res. 520-20, as amended to Draft 2,
Draft 2 was carried by the following voice vote:
(Adopted)
Ayes: Council Members David, Eoff,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Poindexter, Richards, Villegas,
and Chair Chung—9.
Noes: None.
Absent: None.
Excused: None.
Relinquish Chair: At this time, Acting Chair David relinquished the chair to Chair Chung.
Res. 522-20: AUTHORIZES THE ACCEPTANCE OF A DONATION OF FUNDS TO BE
USED BY THE DEPARTMENT OF RESEARCH AND DEVELOPMENT
TOWARDS TRAVEL AND OTHER EXPENSES TO ATTEND THE
2020 RURAL CHILD HUNGER SUMMIT
Accepts a monetary donation of approximately $1,800 from Share Our Strength.
Reference: Comm. 793
Intr. by: Ms. David (B/R)
Waived: FC
Motion to Approve: Ms. David moved to adopt Res. 522-20. Seconded by
Ms. Lee Loy.
MS. DAVID: I just ask for your support. Thank you.
CHR. CHUNG: All those in favor, say "aye."
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Hawaii County Council-33 March 11,2020
Vote on Res. 522-20: The motion to adopt Res. 522-20 was carried by the
(Adopted) 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.
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.)
Bill 138: 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 —Violence Against Women account
($27,431); and appropriates the same to the Violence Against Women account,
for a total appropriation of$86,431. Funds provided by the State of Hawai i
Department of Attorney General would be used to cover the cost of additional
salaries, equipment, and travel for training for the Office of the Prosecuting
Attorney.
Reference: Comm. 758
Intr. by: Ms. David (B/R)
Approve: FC-108
Vote on Bill 138: Ms. David moved to pass Bill 138 on first reading and
(Approved) adopt Finance Committee Report No. 108. Seconded by
Ms. Lee Loy and 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.
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Hawaii County Council-33 March 11,2020
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: All 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
PC-45 NOMINATION OF JUSTIN LEE TO THE BOARD OF APPEALS
(Comm. 755):
Requires Council
Confirmation by: March 14, 2020 (Section 13-4(1),
Hawaii County Charter)
Motion to Approve: Ms. Kierkiewicz moved to adopt Planning Committee
Report No. 45. Seconded by Ms. David 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.
REFERRALS The Chair directed the Council to proceed to the next order of business, Referrals
FOR EXECUTIVE for Executive Session.
SESSION:
CHR. CHUNG: So this Referral for Executive Session, why don't we just listen
to what you've got to say, Joe. Is it necessary for us to go into executive session?
Not really, right?
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Hawaii County Council-33 March 11,2020
Res. 509-20: AUTHORIZES THE EMPLOYMENT OF SPECIAL COUNSEL TO
REPRESENT THE COUNTY OF HAWAII, BOARD OF ETHICS IN
PETITION NO. 2020-01
Finds that a conflict of interest would exist for the Corporation Counsel to advise
the Board of Ethics and provides for the retention of legal services by the County
of Maui Office of the Corporation Counsel, with total costs not to exceed $1,000.
Reference: Comm. 773
Intr. by: Ms. David (B/R)
Waived: FC
Note: Requires 2/3 vote of the entire
membership, pursuant to Section 6-5.5,
Hawaii County Charter
Motion to Approve: Ms. David moved to adopt Res. 509-20. Seconded by
Mr. Richards.
CHR. CHUNG: Joe, go ahead.
(At this time, Corporation Counsel Joseph Kamelamela came forward to
address the members of the Council.)
MR. KAMELAMELA: Good afternoon, Joseph Kamelamela, Corp. Counsel.
Thank you, Chair and members of the Council. Before I start, I just wanted to
address some testimony by Ms. Kahoopii, and Mr. Canda. Whatever they were
testifying to had nothing to do with this resolution. So I just wanted to make that
part clear.
CHR. CHUNG: Thank you. Okay, go ahead.
MR. KAMELAMELA: Yeah, so I'm just going ask for your support to approve
the resolution. It's pretty straight forward.
CHR. CHUNG: Let's take a look here.
MR. KANEALII-KLEINFELDER: Chair, can I ask a question?
CHR. CHUNG: So did they actually provide us with what they're appeal is and
did they have anything in writing? Or are they just asking for special counsel?
MR. KAMELAMELA: No, so this one, when you look at the resolution there's a
citizen, and that's the petitioner, making a complaint of one of our employees
who is within the course and scope. It says here that, you know, we are involved
in litigation, so our office would be in conflict in trying to represent the board,
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Hawaii County Council-33 March 11,2020
and somewhat represent the county's interest. So if you read the provisions in
there, that's what it is.
A second point I wanted to make is that, you know, many times we don't come
here to talk about matters of the Ethics Board because they haven't really talked
about it yet. So a lot of these complaints get filed and then they only get heard in
open session at the Board of Ethics.
MR. KANEALI`I-KLEINFELDER: So I feel like we're being asked to provide
funding for special counsel outside of the County, correct?
MR. KAMELAMELA: No, it's we're making the request, because we feel that
there's a conflict.
MR. KANEALI`I-KLEINFELDER: Okay. But should we not know what the
appeal is on the Ethics Board?
MR. KAMELAMELA: If you want to know then we've got to go into Executive
Session.
MR. KANEALI`I-KLEINFELDER: I'd be interested.
MR. KAMELAMELA: Or if you want to know, I could talk to you outside of
the
MR. KANEALI`I-KLEINFELDER: I'd be interested but I'd like to hear what the
rest of the body has to say before we go there, because it takes time and we're
CHR. CHUNG: Let me think about that now. Why don't you try to explain this
thing, Joe, as much as you without revealing specifics?
MR. KAMELAMELA: I think I went the farthest I could.
CHR. CHUNG: Let's go even further, though. There's a lawsuit that was filed
against the County?
MR. KAMELAMELA: There is—see, if I start talking about it, it will open to
something that's going to be before the Board of Ethics. So I haven't checked,
you know, sometimes the petitioners because they have the option, you know,
whether to have an open session or not at the Board of Appeals.
CHR. CHUNG: Let's just put it this way, though. You are not able to represent
the board in this matter.
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Hawaii County Council-33 March 11,2020
MR. KAMELAMELA: Right. We're not able to represent the Board of Ethics
because of the conflict.
CHR. CHUNG: It involves your office?
MR. KAMELAMELA: Yes, because we're representing the employee in the
lawsuit.
CHR. CHUNG: Oh. So there's a lawsuit.
MR. KAMELAMELA: Yeah, but we also have a pending lawsuit. So, yeah.
CHR. CHUNG: Which you represent an employee. Oh yeah. Okay. And then
this complaint is against that employee?
MR. KAMELAMELA: Yes.
CHR. CHUNG: For the same action that gave rise to the lawsuit?
MR. KAMELAMELA: Different. There's two lawsuits. One of them we got
dismissed so that's—you know, but I didn't want to get
CHR. CHUNG: It's related.
MR. KAMELAMELA: It's related. In fact, I think you have been getting some
of the data.
CHR. CHUNG: I mean if you cannot represent, you cannot represent, right? I
mean, it's very clear.
MR. KAMELAMELA: Yeah, it's hard to represent the Board of Ethics when we
have a conflict.
CHR. CHUNG: Okay how about this. If you guys want to have something
placed on the record, because these executive sessions are part of the record,then
we can go into executive session. If not, maybe best just talk to Joe. Because
what he's explained, if they can't take it,then obviously we've got to hire outside
counsel, which would be $1,000 with Maui County, it's done typically, right? So
just based on what you've explained, we have to do it. Unless Matt, if you want
something on the record in executive session then we have to. If not, I would say
just go talk to Joe outside. But it's really up to you.
MR. KANEALI`I-KLEINFELDER: Is this in regards to the last Ethics
committee that was held?
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Hawaii County Council-33 March 11,2020
MR. KAMELAMELA: I just stated because there were several testifiers that
talked about Maunakea, and this has nothing to do with Maunakea. This petition
has nothing to do with it.
MR. KANEALI`I-KLEINFELDER: I would like to know. Can we postpone this
to the next meeting? Is that going to put you guys off? Just so I canI'm not
going to say yes to something I don't understand.
CHR. CHUNG: Well why don't we go into executive session.
MR. KAMELAMELA: Yeah.
CHR. CHUNG: Good thinking. That's a good idea, Ms. Poindexter.
Recess: At 1:54 p.m. the Chair called for a short recess.
Reconvene: The meeting reconvened at 1:56 p.m.
CHR. CHUNG: We're back on the record. So we have a motion on the floor to
adopt Resolution 509-20. We have consulted with our attorney. Any further
discussion? There being none, all those in favor, say "aye."
Vote on Res. 509-20: The motion to adopt Res. 509-20 was carried by the
(Adopted) following voice vote:
Ayes: Council Members David, Eoff,
Kaneali`i-Kleinfelder, Lee Loy, Poindexter,
Richards, Villegas and Chair Chung—8.
Noes: None.
Absent: Council Member Kierkiewicz— 1.
Excused: None.
CHR. CHUNG: Motion carried.
OTHER The Chair directed the Council to proceed to the next order of business, Other
BUSINESS: Business.
(There was none.)
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Hawai`i County Council-33 March 11,2020
ANNOUNCE- The Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
(There were none.)
ADJOURNMENT: There being no further business, at 1:57 p.m., Ms. Lee Loy moved to adjourn the
meeting. Seconded by Ms. David and carried by the following voice vote:
Ayes: Council Members David, Eoff,
Kaneali`i-Kleinfelder, Lee Loy,
Poindexter, Richards, Villegas,
and Chair Chung– 8.
Noes: None.
Absent: Council Member Kierkiewicz– 1.
Excused: None.
Council Approval:
JUN 17 2020
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CO —Nos
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