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HomeMy WebLinkAboutMIN COUNCIL 2020-04-08 2018-2020 Hawaii County Council 36 I Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii April 8, 2020 INVOCATION: Reverend Daido Baba of Honpa Hongwanji Hilo Betsuin gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:27 a.m., in the Council Chambers, Hilo, by Mr. Aaron S. Y. Chung, Chair. ROLL CALL: Present: Mr. Aaron S. Y. Chung, Chair Ms. Karen Eoff, Vice Chair (via videoconference from Kona) Ms. Maile Medeiros David, Member (via videoconference from Kona) Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member Ms. Susan L. K. Lee Loy, Member Ms. Valerie T. Poindexter, Member (via videoconference from Kona) Mr. Herbert M. "Tim" Richards, III, Member (via videoconference from Waimea) Ms. Rebecca Villegas, Member (via videoconference from Kona) PLEDGE OF The Chair directed the Council to the next order of business, Pledge of Allegiance. ALLEGIANCE: (There was no Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions, MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (There were none.) EXPRESSIONS OF CONDOLENCE: APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. (There were none.) CHR. CHUNG: Okay, let's quickly go on to Communication 860, Mr. Clerk. Hawaii County Council-36 April 8,2020 COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. Comm. 860: REQUESTS AN UPDATE FROM SENATOR BRIAN SCHATZ REGARDING FEDERAL EFFORTS TO RESPOND TO THE CORONAVIRUS From Council Member Ashley L. Kierkiewicz, dated April 2, 2020. Motion to Close Ms. Kierkiewicz moved to close file on Comm. 860. File: Seconded by Ms. Lee Loy. CHR. CHUNG: Ms. Kierkiewicz, take it away please. MS. KIERKIEWICZ: Thank you, Chair. Aloha, Senator Schatz. Great to see you. SENATOR SCHATZ: Aloha. MS. KIERKIEWICZ: Thank you for your time. This is a rare opportunity. Time is precious. Thank you. Our thanks are deep and profound. I appreciate your leadership, fighting for our country, our residents, and for your incredible staff putting out the resource guides as we navigate COVID (coronavirus disease). Your stuff is some of the best out there. Like you, I have anxiety over the virus, but I probably have even more anxiety over government bureaucracy. There is so much money out there with the CARES (Coronavirus Aid, Relief, and Economic Security) Act, with the Families First Act, and I'm wondering—folks on the ground want to know when are we going to get our fair share. When are we going to see those monies? So, can you provide us with a brief overview of these Federal aid packages and highlight a few things that might be of interest to Hawaii? (Note: At this time, United States Senator Brian Schatz addressed the members of the Council via videoconference.) SENATOR SCHATZ: Thank you very much. Can you hear me okay? MS. KIERKIEWICZ: Yes. SENATOR SCHATZ: Thank you very much to the Council for your sustained leadership in this difficult time, and it is difficult for everyone. We're all fortunate to be, so far, participating in social distancing. As we watch these numbers, we're at the beginning of our curve, but I have been impressed at the extent to which the broader community is participating. So,just wanted to encourage everybody to hang in there. This will not last forever. But it is more essential than ever over the next month or so that we really do everything that is Page 2 Hawaii County Council-36 April 8,2020 necessary, and that's social distancing, that's washing your hands, that's not touching your face, that's wearing a mask. And any one of those things is not a substitute for the other. So,just wanted to express that I understand how difficult it is across Hawaii County for folks. You've asked me for an update, so let me tell you a little bit about the CARES Act at the kind of high level, then we can entertain any questions. The biggest by spending and by impact, a part of this bill, is the expanded unemployment insurance. It is the biggest unemployment insurance expansion in generations. Anybody who is laid off who makes around $65,000 a year or less is likely to have a majority if not all of their salary replaced for at least a couple of months, which is a much more generous benefit than the base, or actually the maximum benefit that is normally available to a Hawaii resident who's been unemployed, of roughly $600 to $630 per week. So, that's quite good news. The other thing is that in this pandemic situation, more people are eligible for unemployment insurance. That means so-called gig economy workers, freelancers, independent contractors, and also people who have had their hours reduced are eligible. That's good news. That also means that the unemployment claims are going to be higher than usual because you're going to have people who are not fully unemployed but are experiencing a personal economic downturn. So, the UI(Unemployment Insurance) expansion is the broadest, biggest social safety net out there. If you don't think of yourself as someone who may be eligible for UI, you should check; you may be eligible. Secondly, the Paycheck Protection Program, which is the small business subsidy. Here's how it works. You apply—if you have a company that has less than $10 million in revenue and fewer than 500 employees, you are eligible. And you may apply with a local bank for a loan up to $10 million and then you simply have to use all of that money to keep your payroll the same and to pay for your operating expenses for an eight-week period. And then at the end of that eight- week period, as long as you use the money to keep your business alive, that loan gets converted into a grant. That's the good news. It's a great program. Another good news is that we probably are into several hundreds of millions of dollars being pushed out through the PPP (Paycheck Protection Program)program to Hawaii small businesses. The bad news is it's not nearly enough and the SBA (United States Small Business Administration) website and portals and systems have been completely overwhelmed. I spoke, actually, this morning with the Small Business Administration Administrator in Washington, D.C. (District of Columbia), to try to make sure that they build the capacity for our local banks to process as many loans as possible because this is a first-come, first-served thing. So,this is one of those Page 3 Hawaii County Council-36 April 8,2020 things where if you are in line, please stay in line because we do anticipate this program—$377 billion—eventually running out of money. But stay in the queue, and you will be the next up. So, please do stay in line if you're applying. We did get clarification for your Hawaii County farmers. They were wondering whether they should go to USDA (United States Department of Agriculture) for loans or through the PPP program. It's only preliminary clarification, but I wanted to offer what we know so far, which is that farmers and agricultural operations are in fact eligible for this small business lending program. Two caveats: One is that you can't double dip. In other words, you can't take money from SBA and then take money from USDA for the same purpose. Now, that part makes sense. The second part is a little more tricky, which is, although they're eligible, you still have to find a bank that will do the lending. And that's not yet happening because the clarification just got made sort of in the middle of the night last night. There will be money coming for our hospitals and our clinics and our nursing homes. We don't know how much that's going to be for the State of Hawaii or for Hawaii County yet, but it's a hundred billion dollars total for the country to be divided roughly according to need. Ten million dollars just got announced for our federally-qualified community health centers, and some of that will go to Hawaii County as well. On cash payments, here's how it works. Most people who have incomes of $75,000 or less, or $150,000 filing jointly, will get a $1,400 cash payment. If you already have a direct-deposit relationship with Treasury or with the Social Security Administration, then you will have that money just hit your bank account in roughly two weeks. If you already have that relationship, then that's how the money comes in. Otherwise, it will be a check, and the check will get issued for lower-income individuals first. And we're trying to get it so that if you want that money right away, you can actually spend the next two weeks setting up for direct deposit of your social security checks or your tax refund—if you're fortunate enough to have a tax refund—so that you don't have to wait for a physical check and then go walk it down to the local bank. There's no reason to do that. But that's the status of cash payments. Two more things. The likelihood of additional legislation, I would say, is really high. The timing of that is almost impossible to predict. But the kind of basic structure of the CARES Act, which is unemployment insurance, support for hospitals, some fiscal support for states and counties, and support for small businesses is likely to be at least part of the next round of funding. And finally, just wanted to encourage everybody. Page 4 Hawaii County Council-36 April 8,2020 And, Chair Kierkiewicz, you mentioned us. We've got really good resources on our website schatz.senate.gov. It's, in my view, the best place to figure out what you as an individual, an institution, a business, a family are entitled to under the CARES Act. And there's so much money being spent and, frankly, so much economic suffering across the community that it's very likely that you, if you're listening in via livestream, are eligible for something. So,just go to schatz.senate.gov and try to figure out what's available for you in the CARES Act. And with that, I'd be happy to answer any questions. MS. KIERKIEWICZ: Thank you, Senator. And I do want to just share that I spent the weekend going over your website, and everything is very clear, simple, and comprehensive. So, my questions won't be related to anything that could be easily found there. I wanted to get to a question that is really important for Hawaii County and that is the Coronavirus Relief Fund that states and local governments can access to address spending shortages related to the pandemic. I'm reading that the relief is only provided directly to those governments with populations over 500,000. Hawaii County has a population of 200,000. So,you can see where we are a bit concerned. Are there any plans to clarify or change this population metric guideline, or will additional monies be set aside to support smaller governments? SENATOR SCHATZ: Yeah, this is a battle we lost in Congress. And part of the problem is that there are thousands and thousands and thousands of counties. So, they were worried about administrability. I was trying to fight to make sure each county got a pro rata share. But the County's pro rata share landed in the State, or will land in the State's coffers. And I can assure you that the Governor and your Mayor are in contact about the use of this money. The one thing to clarify is that this money is not supposed to be used to, sort of, backfill programs or plug any fiscal holes. This is supposed to be pushed out for economic and healthcare response related to COVID. And so, what I know is that the expenditure of those funds from State coffers are going to be done on an absolutely equitable basis and make sure everybody gets their fair share, including and importantly Hawaii County. But to your broader question, in the next round we are trying to fight to make sure that there aren't these population minimums, under which you don't see any of the money or control any of the money. But because we're working well together, your people will see the money spent in their communities in a way that I think they will feel satisfied that they're not left out. MS. KIERKIEWICZ: Thank you. I want to spend a little bit of time on the PPP and Economic Injury Disaster Loans, which we know have been wildly popular. My concern is that SBA is working with an existing network of lenders, and those Page 5 Hawaii County Council-36 April 8,2020 lenders are focusing the work with existing customers. And I'm concerned about main street businesses, these small businesses that employ 5, 10, 25 folks. I don't want them to fall through the cracks and lose out. And our island is still reeling from lava, especially Puna. I'm seeing a rising number of localities stand up local emergency relief funds. Hawaii Community Foundation has a resilience fund. CDFIs (Community Development Financial Institutions) are creating products that are better fit for small business. And so, I'm hearing that Secretary Mnuchin would like to direct an additional $250 billion to supplement this SBA program suite. Is it possible that Congress will consider a portion of this to support main street small businesses and augment some of these local emergency relief funds? SENATOR SCHATZ: Yes, I think you're finding that kind of a balancing act here that we're working through. First, this program clearly needs more money because I think the $377 billion is likely to be swallowed at least in the next couple of weeks. And that's a good thing, not a bad thing because that means that people are retaining their payroll, which was the original purpose. So, sure we have to provide additional funds for this program, but secondly, we have to make sure that there's an equitable distribution of these funds. It's understandable that banks are—it's easier to process a loan with a business that you have an existing banking relationship with. But the CDFIs, the community development organizations, generally need to have access to this capital so you can help folks who are not banked yet and don't have existing relationships with our local banks. I will say that we are doing better than other states in terms of our local bank leadership kind of really leaning into this. If you don't have local banks and you're stuck dealing with Wells Fargo and Citigroup and Bank of America, they just aren't participating. So, at least Bank of Hawaii, ASB (American Savings Bank), Central Pacific, First Hawaiian, all of them are really trying to get as many loans out as possible, but you flag a very important policy priority for us. And CDFIs, these community financial institutions, I think are the best way to push out money to regular folks who aren't in the business of borrowing money on a week-to-week basis. MS. KIERKIEWICZ: Thank you, Senator. So, combined, CARES Act and Families First provide an additional 950 million to TEFAP (The Emergency Food Assistance Program). Are you able to share what Hawai`i's allocation is, and how do our local food banks and food baskets access these funds? We are just seeing a surge in demand for food security a lot sooner than, I think, we anticipated. SENATOR SCHATZ: Yeah, it's really important. And what the government State, County, and Federal—is basically asking is for people to stop working. And so, we have to take care of basic needs, and that starts with food and shelter. We're worried for our food banks. I know that the philanthropic community is Page 6 Hawaii County Council-36 April 8,2020 stepping up. But really this is, in my view, a basic government function. So, there is some money in the CARES Act for both SNAP (Supplemental Nutrition Assistance Program) and for Meals on Wheels and for food banks. We don't know the allocations yet, but we anticipate getting them in the next couple of days. But there is going to be money coming, and it's also something that Democrats are prioritizing in the next bill. MS. KIERKIEWICZ: Thank you, Senator. You mentioned SNAP. I read that there's 15.5 billion additional dollars available for that program and that the Families First app (application) will be waiving certain requirements to increase access. I went through the Hawaii Department of Human Services website, but the waivers only seem to apply to current SNAP recipients. Automatic six-month renewal, no work or education requirement. Can you provide any insight into what exactly is being waived so that new applicants can get access quickly? And is there going to be any flexibility in how these funds are disbursed? Can folks purchase hot meals? Will they be able to buy groceries online? That's something that I'm seeing is happening only in six states at this point. SENATOR SCHATZ: I don't know the answers to those, but let me take those for the record, I have a number of my staff people on this phone call—and get you the correct response to that. I understand the question, which is flexibility is great but what does this flexibility mean both for new applicants and for the use of the EBT (Electronic Benefit Transfer) cards, the SNAP cards? MS. KIERKIEWICZ: And if I could just add to that,then. Many farmers markets are doing drive-through markets, and they would love to be able to accept SNAP, but I don't think they have the machinery to be able to process those cards. So, if there's any way to get markets that kind of equipment, that would be extremely helpful. SENATOR SCHATZ: Okay. That's a good thought. MS. KIERKIEWICZ: Switching gears to healthcare. The Trump Administration's handling of this pandemic is clearly costing us. And despite leadership shown by states, we are just seeing the tragic overwhelm of our hospitals and our healthcare frontliners. What can Hawaii do to get ready, especially considering our physician shortage, our limited facilities, our equipment? How do counties request or access additional PPE (Personal Protective Equipment) for essential County service providers and other private facilities? SENATOR SCHATZ: They need to ask General Hara, who's the Adjutant General who's in charge of this emergency response. They are purchasing and stockpiling PPE. Individual healthcare enterprises are doing their own purchasing, but the State is there and trying to buildup a stockpile to deal with the Page 7 Hawaii County Council-36 April 8,2020 eventual surge. But the long-term solution to this is to utilize the Defense Production Act so that we're not in a kind of Wild West situation where each individual, clinic or hospital or group of first responders or fire house has to be on the private market dealing with these shadow brokers and everything else. This is a public good. We should be manufacturing this as though it's a war effort and then we should be distributing it on an equitable basis, and we wouldn't have this nonsense about certain places lacking PPE. I am in constant contact with the Hawaii association of hospitals, with General Hara about this problem. Some institutions are in really good shape as it relates to PPE, and others are not. But I think part of the problem is that demand continues to increase as we realize that the definition of a frontline worker is expanding. It's not just your healthcare workers. It's the people stocking the shelves. It's the people doing public transportation. And so, lots of people are at risk in order to keep even a basically functioning society moving, and they deserve to have the protective gear as well, not just our nurses and doctors, although obviously the healthcare context is the first priority. MS. KIERKIEWICZ: Absolutely. And we can't adequately respond to the threat of the virus without these essential tools to measure spread. The Trump Administration promised free COVID-19 tests, but testing materials and support are not widely available. When do you think at what point we can expect to have what we need to do extensive testing, comprehensive contact tracing, and ramped- up antigen and antibody tests? All of this is critical information that will help us guide, I think, a gradual relaxing of some State-mandated restrictions. SENATOR SCHATZ: Yeah, I think that's the right way to look at this. Contact tracing is going to be critical. And the ability for the Department of Health to do that is essential. Widespread testing is important. We are limited right now by the availability of supplies. For instance, I think there's only one supplier that makes the swabs. So, we are sort of working out,nationally, our supply-chain challenges. We're doing better than other states in terms of our testing per capita and the sort of aggressiveness of our testing. So,that's a sort of good-news story. But I do want to say that when we imagine a slow reopening, whatever that looks like, and I mean slow—but when we imagine that, okay, we're not going to do exactly what we're doing right now for 18 months. We have to understand that we're unlikely to see rapid testing capability that we want available in the next two or three months. And so, we have to calibrate our public health response according to not just what we're reading on the internet may be available eventually, but what is currently available. Not just approved by the FDA (Food and Drug Administration) for testing or limited deployment, but what could we purchase and what could we administer. Page 8 Hawaii County Council-36 April 8,2020 Let me give you one quick example. The rapid test machine that was sent to Hawaii is great, but it's really for a first responder and frontline healthcare worker context because you can only do something like eight per hour. And so, that's great but it's not enough scale-wise to, for instance, start thinking about reopening schools and testing everybody who walks in. So, as we consider what our next steps as a society are, we have to understand that there are some real public healthcare risks related to remaining shutdown forever. And we have to understand that we have to sort of march into this war with the army that we have, not the army that we wish we had. And so, we are fighting with everything we've got to get rapid tests up and running and to get the current tests more widely available. But as we, as a community, think through what our next steps are, we need to know that some of that technology is not available next week; it's still in development. MS. KIERKIEWICZ: Thank you for clarifying, Senator. I have three more questions. A couple of these are more long-term stuff. I know that you have been a thought leader around renewable energy. Are there any funds available to help Hawaii increase energy self-reliance, enhance our energy independence? And I'm specifically thinking about building capacity to address Big Island's geography and standup a network of micro grids. SENATOR SCHATZ: Well, I love the question, and the answer is yes, we're going to continue to work on that. And I think Hawaii Island has some extraordinary opportunities that are not available to almost any other place on the planet in terms of not just demonstrating what's possible, but just going ahead and doing it for our own economic well-being. That having been said, these COVID bills have been pretty disciplined in terms of not being about other things, even things that I've prioritized all my life. So, I want to kind of manage expectations in terms of the next couple of bills. I don't think they will contain much that is non-COVID related. There's a kind of broader conversation. If this economic downturn lasts eight months or something, we may look at a pure stimulus bill, which would include infrastructure spending. At that point, I think that's when we make our move on some energy projects. But right now,the focus is extremely narrow, and I think that's appropriate. MS. KIERKIEWICZ: I figured you'd say that, but I just wanted to put it out there. Thank you. Two more questions. Regarding transit, Honolulu is expected to receive 90.8 million in transit funds; Maui, 7.86 million; and the State will receive 8.9 to spend across the rest of the State. I'm just wondering how Maui was able to secure so much and not just shy of 9 million is supposed to be Page 9 Hawaii County Council-36 April 8,2020 divided up between the rest of the counties. It just causes me great concern considering how large the Big Island is and just how much more costly it is to standup this kind of transportation infrastructure. SENATOR SCHATZ: I don't know the answer to whyI understand why Honolulu got what it got because they run a bus system that incurs incredible costs daily, but I don't know why Maui County got that amount. Not that I object to it, but if Maui County got money, I would like for Hawai`i County and Kaua`i County to also get their share. So, let me take that one for the record as well. MS. KIERKIEWICZ: Thank you. I appreciate it. And my last question is about oversight of this pandemic fund because it is truly historically so massive. And we know that aid is going to continue to be pumped into counties and governments and states around the country. How are we going to ensure aggressive independent oversight of these agencies and monies? And I'm wondering if you can comment on the President's removal of Glenn Fine, who was supposed to be leading the charge to monitor this fund. SENATOR SCHATZ: Well, first of all, not only was Glenn Fine fired but seven inspector generals. So, the President is doing what the President is at this point expected to do, which is to demolish any sense of accountability within the Executive Branch. So, it falls on Democrats in Congress to hold the President's feet to the fire. I think the House has the upper hand here because they do have subpoena authority, and they have the gavels. And one conversation that we're having is in the next CARES Act, whether or not we want to push back legislatively on the President's ability to fire individual IGs (Inspector Generals). But that discussion is preliminary because these firings just happened in the last 24, 48 hours. MS. KIERKIEWICZ: Thank you, Senator. I know that you're going to keep fighting for us and for accountability and transparency. We are grateful for your time. I just want to—and with asking, how are you doing? How is your family? SENATOR SCHATZ: Everybody's great. I mean, it's all relative, right? We're safe and sound, and we're together. And so, thank you for asking. And aloha to everybody and their family across Hawaii County. MS. KIERKIEWICZ: Thank you. We are about up with our time. I again want to thank you. I want to thank your staff for arranging this. MS. VILLEGAS: Excuse me, Ashley. Hi, Ashley. MS. KIERKIEWICZ: Hi. Page 10 Hawaii County Council-36 April 8,2020 MS. VILLEGAS: Hi. I had a question that didn't get asked, and I was hoping I could quickly ask that question. SENATOR SCHATZ: Sure. I've got to jump on another call in two minutes, but I can take one question. MS. VILLEGAS: Okay, very quickly, Senator Schatz. Aloha. Thank you for being here. SENATOR SCHATZ: Aloha. MS. VILLEGAS: I have a constituent that reached out to me very concerned. He's a renter from somebody who holds a lease on some Bishop Estate lands, and he's being told by his landlord that the "eviction/no eviction" kind of policy doesn't apply to Hawaiian lands. That didn't sound quite relevant to me. I just wondered if you could provide a little bit of clarification on the full spectrum of the "no evicting renters"policy right now. SENATOR SCHATZ: If you can email us about this, I can get my staff to analyze this. But I will say that, that doesn't sound right to me, off the top of my head. MS. VILLEGAS: I didn't think so either but yeah. SENATOR SCHATZ: I'm not a lawyer and I would hate to do that one on the fly, but we can certainly follow up. MS. VILLEGAS: I certainly will do. Thank you so much. Aloha. SENATOR SCHATZ: Thanks, everybody. Aloha. CHR. CHUNG: Thank you, Senator. Bye. SENATOR SCHATZ: Bye. CHR. CHUNG: Just for our viewing public, inasmuch as Ms. Kierkiewicz was the Council Member who arranged for Senator Schatz to make himself available to us, she served as the clearinghouse for all questions, and that's why she was asking all of the questions today. And we really want to thank her for that. Ms. Kierkiewicz. MS. KIERKIEWICZ: Chair, I do want to acknowledge my colleagues Council Member Richards and Council Member Villegas for sending questions. Not all were asked, but every single one was provided to the Senator's office in advance, and we worked very closely together to determine in the limited amount of time Page 11 Hawaii County Council-36 April 8,2020 what would be asked today. So, Rebecca got that question about providing assistance and ensuring that folks aren't evicted was sent to the office, and they will be responding. Thank you, Chair. CHR. CHUNG: Okay, thank you. And that really was a special presentation, so thank you very much, Ashley. We have a motion on the floor. All those in favor, say "aye." Vote on Comm. 860: The motion to close file on Comm. 860 was carried by the Filed following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 506-20: URGES THE MAYOR AND THE DEPARTMENT OF PUBLIC WORKS TO ENTER INTO AN AGREEMENT WITH THE U. S. ARMY CORPS OF ENGINEERS TO DEVELOP A PLAN FOR REVIEW TO MITIGATE SURFACE WATER IN PUNA The surface water mitigation plan would identify areas prone to flooding and hazardous conditions, and would be reviewed by the Federal Emergency Management Agency. Reference: Comm. 767 Intr. by: Mr. Kaneali`i-Kleinfelder Approve: GREDC-3 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 506-20 and Governmental Relations and Economic Development Committee Report No. 3. Seconded by Ms. Lee Loy. CHR. CHUNG: Discussion? Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I just ask for your favor on this. This is incredibly important to our districts, both four and five. And to not move forward on this would be to not take advantage of a free basic breakdown of surface water in Puna. So, I ask for your favor today. Page 12 Hawaii County Council-36 April 8,2020 CHR. CHUNG: Okay, any further discussion? There being none, all those in favor say "aye." Vote on Res. 506-20: The motion to adopt Res. 506-20 and Governmental (Adopted) Relations and Economic Development Committee Report No. 3 was carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 525-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NORTH KOHALA COMMUNITY RESOURCE CENTER FOR THE 2020 NORTH KOHALA REUNION Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Research and Development, Tourism Promotion account. Reference: Comm. 801 Intr. by: Mr. Richards Postponed: March 25, 2020 (Note: There is a motion by Mr. Richards, seconded by Ms. Lee Loy, to approve Res. 525-20.) MR. RICHARDS: Chair? CHR. CHUNG: Yes? MR. RICHARDS: How should we proceed with this? CHR. CHUNG: What are you going to do? MR. RICHARDS: Well, I'd like to approve it, but as we discussed, I think a lot of it is up in the air. So, let's go ahead and approve it and then wait to see what trickles down. Page 13 Hawaii County Council-36 April 8,2020 CHR. CHUNG: Okay, that's fine. This is your contingency money. So, you're going to make a motion? MR. RICHARDS: Yeah. We have a motion on the floor, don't we? CHR. CHUNG: Oh yeah, that's right, and seconded by Ms. Lee Loy. Any further discussion? There being none, all those in favor say "aye." Vote on Res. 525-20: The motion to adopt Res. 525-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 531-20: 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 HILO-HAMAKUA COMMUNITY DEVELOPMENT CORPORATION FOR THE 2020 HONOKA`A WESTERN WEEK FESTIVAL Transfers $4,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 807 Intr. by: Ms. Poindexter Postponed: March 25, 2020 (Note: There is a motion by Ms. Poindexter, seconded by Ms. Lee Loy, to approve Res. 531-20.) CHR. CHUNG: Ms. Poindexter. Withdraw MS. POINDEXTER: Yeah, I'd like to withdraw this. Res. 531-20: CHR. CHUNG: Okay. We don't need any further action, right? MR. HENRICKS: No, that's fine. MS. POINDEXTER: Yeah. Page 14 Hawaii County Council-36 April 8,2020 CHR. CHUNG: Okay, thank you, Ms. Poindexter. MS. POINDEXTER: Thank you. Aloha. MR. HENRICKS: You recognize it as a withdrawal, Mr. Chair? CHR. CHUNG: Yes. MR. HENRICKS: Thank you. Res. 538-20: CREATES ONE NEW CLERK III POSITION FOR THE DEPARTMENT OF HUMAN RESOURCES The position would provide additional support to assist with an increase in operational demands. Reference: Comm. 815 Intr. by: Ms. David (B/R) Approve: FC-115 CHR. CHUNG: Ms. David. MS. DAVID: Thank you, Chair. Move to approve Resolution 538-20. CHR. CHUNG: Ms. David? MS. DAVID: Yes? CHR. CHUNG: Can I make a suggestion? MS. DAVID: Sure. CHR. CHUNG: Why don't we kind of hold this in abeyance, these creations of new positions. We have this one and the one that's coming up next. I did speak to Human Resources Director Bill Brilhante. He said about a year ago this probably was necessary. Given the situation, though, he has no objections to this being held in abeyance. MS. DAVID: So, are we suggesting that this be postponed to the call of the Chair CHR. CHUNG: Yes, please. MS. DAVID: As well as 539-20? CHR. CHUNG: Yes. Page 15 Hawaii County Council-36 April 8,2020 MS. DAVID: Okay. Then I will so move on 538-20, motion to postpone MR. HENRICKS: Before you proceed, if we could just have the Chair recognize the second with a main motion on the floor, and then the motion to postpone may be made after that. CHR. CHUNG: Okay. Ms. David made the motion. Was there a second? MS. VILLEGAS: Second. CHR. CHUNG: Ms. Villegas seconded. Motion to Approve: Ms. David moved to adopt Res. 538-20 and Finance Committee Report No. 115. Seconded by Ms. Villegas. MR. HENRICKS: Okay, now a motion to postpone is in order. MS. DAVID: Thank you, Mr. Clerk. Vote on Motion to Ms. David moved to postpone Res. 538-20 to the call of the Postpone: Chair. Seconded by Ms. Eoff and carried by the following (Approved) voice vote: Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 539-20: CREATES ONE NEW TEMPORARY POSITION FOR THE OFFICE OF THE PROSECUTING ATTORNEY The Legal Clerk II position would provide additional support for the East Hawai i District Court Clerical Unit. Reference: Comm. 816 Intr. by: Ms. David (B/R) Approve: FC-116 Motion to Approve: Ms. David moved to adopt Res. 539-20 and Finance Committee Report No. 116. Seconded by Ms. Villegas. CHR. CHUNG: Ms. David, can I have a motion? Page 16 Hawaii County Council-36 April 8,2020 MS. DAVID: Yes. Thank you. And I just would assume that discussion with the Prosecuting Attorney's Office was held on this one also, right? CHR. CHUNG: No. But the fact of the matter is that the court system right now is really MS. DAVID: At a(inaudible), okay, I understand. CHR. CHUNG: Yes. MS. DAVID: Okay. Perfect. Then I will make that motion. Vote on Motion to Ms. David moved to postpone Res. 539-20 to the call of the Postpone: Chair. Seconded by Ms. Kierkiewicz and carried by the (Approved) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Thank you very much. Res. 549-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE DEPARTMENT OF PARKS AND RECREATION TO PURCHASE MISCELLANEOUS EQUIPMENT AND SUPPLIES FOR THE COMMUNITY CENTERS IN COUNCIL DISTRICT 1 Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Recreation Division Equipment account. Reference: Comm. 832 Intr. by: Ms. Poindexter Withdraw MS. POINDEXTER: Yeah, I'm going to withdraw this one as well. Res. 549-20: CHR. CHUNG: Okay. I recognize the withdrawal. Thank you very much. Page 17 Hawaii County Council-36 April 8,2020 Res. 550-20: 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 1); and credits to the Department of Research and Development, Tourism Promotion account. Reference: Comm. 833 Intr. by: Ms. Poindexter Withdraw MS. POINDEXTER: Yeah, I'd like to withdraw this one as well. Res. 550-20: CHR. CHUNG: Okay. I recognize the withdrawal as well. Thank you. Res. 551-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE 2020 SUMMER FUN PROGRAM IN COUNCIL DISTRICT 1 Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Summer/Intersession Class/Activities account. Reference: Comm. 834 Intr. by: Ms. Poindexter Withdraw MS. POINDEXTER: Yeah, I'm going to withdraw this too. Thank you. Res. 551-20: CHR. CHUNG: Okay, the withdrawal is recognized. Res. 552-20: 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 ALOHA CLUB OF HILO TO PURCHASE COOKING EQUIPMENT AND SUPPLIES FOR HALE `OLUEA CLUBHOUSE Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 835 Intr. by: Ms. Poindexter Page 18 Hawaii County Council-36 April 8,2020 Motion to Approve: Ms. Poindexter moved to adopt Res. 552-20. Seconded by Ms. David. CHR. CHUNG: Any discussion? Ms. Poindexter. MS. POINDEXTER: Yes, I'd like to amend, floor amendment from 1,000 to $5,000 because they're continuing to do a feeding program and outreach to their population that they serve. So, I think in this time during this period of our pandemic, I think it's important to support them. So, I'd like to increase that to 5,000. So, floor amendment. Motion to Amend: Ms. Poindexter moved to amend Res. 552-20 by changing the amount from $1,000 to $5,000. Seconded by Ms. David. MR. HENRICKS: Before you proceed, Mr. Chair, could you ask for a suspension of the rules to allow for a verbal amendment? Vote on Motion to Ms. Lee Loy moved to suspend Council Rule 14 in order to Suspend Council allow for a verbal amendment to Res. 552-20. Seconded Rules: by Ms. Poindexter and carried by the following voice vote: (Approved) Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: The rules are suspended. Back to the main motion. MS. POINDEXTER: Okay, so,just so that you know that MR. HENRICKS: No, the amendment. CHR. CHUNG: On the amendment. Yeah, go ahead. MS. POINDEXTER: Oh,just so you know that the increase was approved through the Prosecutor's Office and the Mayor's Office because they have to sign off on that as well. And then I was going to definitely suspend the rules to proceed, but thank you, Ms. Lee Loy, for doing that. Okay. So, I ask that you support it. CHR. CHUNG: Okay. This is the amendment, right? Page 19 Hawaii County Council-36 April 8,2020 MS. POINDEXTER: Yeah. CHR. CHUNG: Okay, all those in favor say "aye." Vote on Motion to The motion to amend Res. 552-20 by changing the amount Amend: from $1,000 to $5,000 was carried by the following voice (Approved) vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung–9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Let's go back to the main motion MR. HENRICKS: Mr. Chair, I'm sorry, can we have a motion to suspend the rules to allow for ? MS. POINDEXTER: And that was to suspend the rules—yeah. Vote on Motion to Ms. Poindexter moved to suspend Council Rule 24 to Suspend Council waive the holdover for the substantive amendment of Rules: Res. 552-20. Seconded by Ms. Lee Loy and carried by the (Approved) 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, again back to the main motion, as amended. Ms. Poindexter. MS. POINDEXTER: I just ask for your support. Thank you. CHR. CHUNG: Good. Terrific program. Thank you very much, though, Ms. Poindexter. All those in favor, say "aye." Page 20 Hawaii County Council-36 April 8,2020 Vote on Res. 552-20: The motion to adopt Res. 552-20, as amended to Draft 2, Draft 2 was carried by the following voice vote: (Adopted) Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 553-20: 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 COOPER CENTER COUNCIL FOR ITS FRIENDS FEEDING FRIENDS COMMUNITY EVENT Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 836 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 553-20. Seconded by Ms. Eoff. CHR. CHUNG: Any discussion? Ms. David. MS. DAVID: Thank you, Chair. This, I believe, I wanted to make a note that the Cooper Center organization for Friends Feeding Friends are working closely with our parks department in continuing their feeding project with all the necessary precautions. And they're working very closely, and I ask for your support. CHR. CHUNG: Okay. Any further discussion? There being none, all those in favor say "aye." Page 21 Hawaii County Council-36 April 8,2020 Vote on Res. 553-20: The motion to adopt Res. 553-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 554-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KEALAKEHE PROJECT GRAD FOR EXPENSES RELATING TO ITS 2020 KEALAKEHE PROJECT GRAD EVENT 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. 837 Intr. by: Ms. Villegas Withdraw MS. VILLEGAS: Chair, I'd like to withdraw this at this time. Res. 554-20: CHR. CHUNG: Okay. Your withdrawal is recognized. MS. VILLEGAS: Thank you. Res. 555-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KEALAKEHE PROJECT GRAD FOR EXPENSES RELATING TO ITS 2020 KEALAKEHE PROJECT GRAD EVENT Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 838 Intr. by: Ms. Eoff Withdraw MS. EOFF: Mr. Chair, I'm also going to withdraw this at this time. Res. 555-20: CHR. CHUNG: Okay, and that withdrawal is recognized. Page 22 Hawaii County Council-36 April 8,2020 MS. EOFF: Thank you. Res. 556-20: COMMITS TO FUNDING THE COST ITEMS AGREED UPON BY THE EMPLOYERS AND THE HAWAII GOVERNMENT EMPLOYEES ASSOCIATION UNIT 04 AND EMPLOYEES EXCLUDED FROM THAT UNIT FOR THE CONTRACT PERIOD JULY 1, 2019 THROUGH JUNE 30, 2021 Cost items include lump-sum payments, across-the-board increases, step movements, a new salary schedule, and change in standby pay calculation. The estimated cost over the two years of the contract would be $510,188. Reference: Comm. 839 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 556-20. Seconded by Ms. Lee Loy. CHR. CHUNG: Any discussion? There being none, all those in favor MR. KANEALII-KLEINFELDER: Chair? CHR. CHUNG: Yes, Mr. Kaneali`i-Kleinfelder? MR. KANEALII-KLEINFELDER: I'm looking this over, and I realize this is allocated for next year. I don't think we've set these funds aside at this point. And although it may be hard for us, it's incredibly important for us to take a hard look at this County's funding mechanismsorry, the mask is killing me funding mechanisms. Next year, we'll be looking at a decrease in TAT (Transient Accommodations Tax), GE(General Excise), and Fuel Tax. And it's going to be very important for everyone involved in this, all entities, that in order for us to survive this as a community when we come out of this pandemic that this needs to be a shared sacrifice for everybody. And so, I want to remind the Council that when we're looking at increases like this to next year's budget that we take these things into account. CHR. CHUNG: Okay, any further discussion? There being none, all those in favor—let's do it by roll call, please. MS. DAVID: Wait, hang on. I have a question, Mr. Chair. CHR. CHUNG: Okay, go ahead, yes. MS. DAVID: Okay. These bargaining unit agreements, isn't that a State law? And I'm wondering, I think the question that came up in everyone's mind is if we Page 23 Hawaii County Council-36 April 8,2020 are cutting back, like Mr. Kaneali`i-Kleinfelder is noting, are we bound by this to move this forward? And whether they decide to forego is up to the union bargaining unit because it's already been, I guess, decided upon and we're just approving it at this time for next year. That's my only question. I'm not sure CHR. CHUNG: Well, that question comes up every single time we've entertained these MS. DAVID: Bargaining units, yeah. CHR. CHUNG: Bargaining unit agreements, and it really depends on who you talk to, yeah. I am of the opinion that this is really pro forma already, especially inasmuch as they agreed upon this. MS. DAVID: They have, yes. CHR. CHUNG: Right. MS. DAVID: But that's what my question was, yeah. CHR. CHUNG: And in addressing Mr. Kaneali`i-Kleinfelder's concerns, of course all valid, but when you talk about the TAT and GET (General Excise Tax), all of these things are not used as sources for these salaries. So, I mean, it still begs the question as to where we're going to find the money. Circumstances have changed, of course, but it really depends on how you look at it. MS. DAVID: And where we are in the next few months CHR. CHUNG: Correct. MS. DAVID: And for that matter, our next fiscal year. Everyone's going to be in the same boat at that time. So, okay, great. I just wanted to clarify that. Thank you very much. CHR. CHUNG: Let's do it by roll call. MS. KIERKIEWICZ: Chair, I'm sorry, I have a question. CHR. CHUNG: Yeah, Ms. Kierkiewicz. MS. KIERKIEWICZ: I wonder if you would entertain postponing this until we at least get an update from the Administration around what next fiscal year's budget is going to look like. And I'm sure they're listening in, so maybe they can Page 24 Hawaii County Council-36 April 8,2020 CHR. CHUNG: Well, why don't we just table this, then, and have maybe Ms. Sako come down here. Okay, that's fine. MS. KIERKIEWICZ: Thank you. MR. HENRICKS: Wait, table the table. CHR. CHUNG: As soon as we can get her in here. MR. HENRICKS: It will be when you guys are ready. CHR. CHUNG: Yeah, okay. MR. HENRICKS: That's the motion? CHR. CHUNG: Okay. Do we need a motion on that one? MR. HENRICKS: Yes, that'd be CHR. CHUNG: Okay, motion to table. Vote on Motion to Ms. Lee Loy moved to table Res. 556-20. Seconded by Table: Ms. Kierkiewicz and carried by the following voice vote: (Approved) Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Can somebody get Deanna down here? MR. HENRICKS: Yes. So, 557 is on the table—excuse me, 556, pardon me. Page 25 Hawaii County Council-36 April 8,2020 Res. 557-20: 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 PAHOA LAVA ZONE MUSEUM FOR THE PROMOTION AND EXPANSION OF ITS EXHIBITS Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Research and Development, Tourism Promotion account. Reference: Comm. 841 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 557-20. Seconded by Ms. Lee Loy. CHR. CHUNG: Any discussion? Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I just ask for your support. Chair, thank you. CHR. CHUNG: Okay. All those in favor, say "aye." Vote on Res. 557-20: The motion to adopt Res. 557-20 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. Res. 558-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KE KAI ALA FOUNDATION TO ASSIST WITH THE WAI`AHA ROOTS BODYBOARDING SURF EVENT Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 842 Intr. by: Ms. Villegas Page 26 Hawaii County Council-36 April 8,2020 Withdraw MS. VILLEGAS: Chair, I'd like to withdraw this resolution at this time. Res. 558-20: CHR. CHUNG: Okay. The withdrawal is recognized. Res. 561-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO A MULTI-YEAR MEMORANDUM OF AGREEMENT WITH THE UNIVERSITY OF HAWAII WATER RESOURCES RESEARCH CENTER, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, AND HAWAII COUNTY CHARTER SECTIONS 10-11 AND 13-13, TO PROVIDE TRAINING TO WASTEWATER TREATMENT WORKS OPERATORS Authorizes the University of Hawaii to provide 12 training courses per year for the five-year service period. Reference: Comm. 847 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 561-20. Seconded by Ms. Kierkiewicz. CHR. CHUNG: Any discussion? There MS. KIERKIEWICZ: Chair? CHR. CHUNG: Yes? MS. KIERKIEWICZ: I'm sorry. I just want to share that I'm fully in support of this resolution. I had an opportunity to tour the wastewater treatment facilities in Kona. The ones that were scheduled for Hilo were canceled due to COVID. But the folks that are our wastewater treatment plant operators,they really do an incredible and essential job. And so, this would be incredibly helpful to train folks to basically do more at our County facilities. So, fully supportive of this. Thank you. CHR. CHUNG: Okay. Any further discussion? There being none, all those in favor say "aye." Page 27 Hawaii County Council-36 April 8,2020 Vote on Res. 561-20: The motion to adopt Res. 561-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. MR. HENRICKS: Would you like to take the resolution off the table? CHR. CHUNG: Yes, please. Vote on Motion to Ms. Lee Loy moved to remove Res. 556-20 from the table. Remove from Table: Seconded by Ms. Poindexter and carried by the following (Approved) voice vote: Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. We have Deanna here. Ms. Kierkiewicz has a question for you. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: Good morning. CHR. CHUNG: Good morning. MS. KIERKIEWICZ: Aloha, Deanna. So,just some questions raised around this particular agreement and if it's something that our County is going to be able to handle as we start to look at the impasse of COVID and our budget. MS. SAKO: So,this is actually the last of all the bargaining unit agreements. So, the other seven have already been approved. This is the last one. It's actually one of our smaller bargaining units. We only have a few people in this one. Page 28 Hawaii County Council-36 April 8,2020 Just as a reminder, we negotiate as a State. So, anything we want to do with our bargaining units going forward into next fiscal year, we're going to have to come together as a State to do that. So, as we kind of look forward to next year, we are talking to the State,the other counties, our HR(Human Resources) Director to see what everybody else is doing. We can try and do a supplemental agreement on our own, but whatever we do we're going to do it for all of the bargaining units across the board, not just one. MS. KIERKIEWICZ: And so, discussion with our County counterparts and the State and the various unions, I mean, are folks taking a gauge of the impact of this virus on our economy? And I mean, what does that look like? I mean, are there going to be adjustments and sacrifices made by everyone going forward? MS. SAKO: There's going to be adjustments. We're still looking at all of our revenue sources. Our GET goes just for special funding, as does our fuel tax. So, we're okay there. We're looking at each fund independently. We're still looking at the General Fund. Our Real Property Tax values are set as of January 1st. So, we're still looking at everything going forward. The information changes daily. When we peak, it's going to be a critical portion as to what our economy's going to do. When we start letting tourists back onto our island is another critical piece. It all impacts the taxes that we collect. MS. KIERKIEWICZ: Okay. And so for this particular resolution, can our County handle it? I think it's about a little over half a million. MS. SAKO: This is one of our smaller ones. So, we can handle it. And again, we're going to treat all the bargaining units the same. So,just because they were the last ones to come forward, it kind of doesn't make sense to treat them differently right now. MS. KIERKIEWICZ: My understanding is you like to think years and years down the road. So, you're actually already putting monies aside, I'm assuming, in order to pay for these increases. MS. SAKO: So, especially for the current fiscal year, we have the money set aside for all the bargaining units. We haven't paid it out yet because the State hasn't approved yet. So, it's all still a work in progress. MS. KIERKIEWICZ: But you are a meticulous planner. So,thank you, Deanna. I appreciate the clarification. Chair, I yield. CHR. CHUNG: Thank you. Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Good morning, Deanna. Page 29 Hawaii County Council-36 April 8,2020 MS. SAKO: Hello. MR. KANEALI`I-KLEINFELDER: So,these funds were set on the side or not set on the side for next fiscal year? MS. SAKO: Next fiscal year, they will be part of our budget. Our concern is that all of the collective unit agreements have been approved except for this one. They've been negotiated in good faith. We're not sure; the State hasn't approved yet. So,technically, we can't pay. So, all of the money for this year is there. The money for next year was included in the March budget as well. So, we're still looking at everything going forward. But whatever we do, we're going to do it for all of the bargaining units and not just for one. MR. KANEALI`I-KLEINFELDER: Okay. I'm sure the pandemic was not happening when this bargaining unit reached the decision. MS. SAKO: When none of them were, yeah. They acted in good faith. We acted in good faith. And whatever we do going forward, we'll continue to act in good faith but we'll do it as a group for all of them and not just one. MR. KANEALI`I-KLEINFELDER: Okay, thank you. CHR. CHUNG: Okay, any further discussion? There being none, we have a motion on the floor. All those in favor, signify—well, let's do it by a roll call vote again. Vote on Res. 556-20: The motion to adopt Res. 556-20 was carried by the (Adopted) following roll call vote: Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung–9. Noes: None. Absent: None. Excused: None. Page 30 Hawaii County Council-36 April 8,2020 Res. 562-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A COMMUNITY DEVELOPMENT BLOCK GRANT Funds in the amount of$2,726,423 would be used to provide housing, suitable and safe living environments, and accessibility for disabled individuals to public facilities. Reference: Comm. 849 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 562-20. Seconded by Ms. Kierkiewicz. CHR. CHUNG: Discussion? Ms. David. MS. DAVID: Yes, I believe this is self-explanatory, and I want to ask for your support. CHR. CHUNG: Okay. MR. HENRICKS: Mr. Chair? CHR. CHUNG: Yes? MR. HENRICKS: Before you proceed, we were alerted that there's an error in the title and that the "Department of Labor and Industrial Relations" should read, "The United States" or"U.S. Department of Housing and Urban Development." It would be helpful if we could have a motion to suspend the rules to allow for a verbal amendment. Vote on Motion to Ms. Lee Loy moved to suspend Council Rule 14 in order to Suspend Council allow for a verbal amendment to Res. 562-20. Seconded Rules: by Ms. David and carried by the following voice vote: (Approved) Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Page 31 Hawaii County Council-36 April 8,2020 MR. HENRICKS: Now, if we could have a motion from a Council Member to amend the title to replace "Department of Labor and Industrial Relations"with "U.S. Department of Housing and Urban Development,"please. Vote on Motion to Ms. Lee Loy moved to amend Res. 562-20 by amending Amend: the title to replace "Department of Labor and Industrial (Approved) Relations"with "U.S. Department of Housing and Urban Development." 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. Back to the main motion, as amended. MR. HENRICKS: Just have to suspend the rules, I'm sorry, to allow for the passage of this today, if the Council Members are so inclined, with the amendment. Vote on Motion to Ms. Lee Loy moved to suspend Council Rule 24 to waive Suspend Council the holdover for the substantive amendment of Rules: Res. 562-20. Seconded by Ms. David and carried by the (Approved) 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. Now, back to the main motion, as amended. MR. HENRICKS: Thank you. CHR. CHUNG: Any discussion? Ms. Kierkiewicz. MS. KIERKIEWICZ: I, again,just want to thank the Office of Housing and Community Development for doing this year after year, the Consolidated Plan and then the Five-Year Annual Action Plan. They do it like clockwork. They're Page 32 Hawaii County Council-36 April 8,2020 very good and efficient at what they do, and I'm glad to see that there are all these projects that are going to be funded with these monies to continue to support the housing needs of our community. So, I'll be supporting this. Thank you. CHR. CHUNG: You've been singing the praises of the housing agency of late. MS. KIERKIEWICZ: I've got to give praise and credit where it's due. I mean, they're in constant communication with my office, and it's just a complete 180 from where we were with the prior Administrator. So, I'm very happy that Duane is there leading the boat this time around. CHR. CHUNG: Thank you. Okay, we have a motion on the floor. All those in—as amended, right? All those in favor, signify by saying "aye." Vote on Res. 562-20: The motion to adopt Res. 562-20, as amended to Draft 2, Draft 2 was carried by the following voice vote: (Adopted) Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 563-20: ADOPTS THE 2020-2024 COUNTY OF HAWAII CONSOLIDATED PLAN AND 2020 ANNUAL ACTION PLAN FOR THE COUNTY OF HAWAII COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS AND NATIONAL HOUSING TRUST FUND PROGRAMS AND AUTHORIZES THE MAYOR OF THE COUNTY OF HAWAII TO EXECUTE AND SUBMIT THE CONSOLIDATED PLAN AND ANNUAL ACTION PLAN AND ALL OTHER RELATED DOCUMENTS TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) Includes County-wide housing and homeless needs assessments, funding goals and priorities, and must be adopted prior to receipt of annual CDBG allocations from HUD. Reference: Comm. 850 Intr. by: Ms. David (B/R) Waived: FC Page 33 Hawaii County Council-36 April 8,2020 Vote on Res. 563-20: Ms. David moved to adopt Res. 563-20. Seconded by (Adopted) Ms. Eoff and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 564-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, PURSUANT TO HAWAII REVISED STATUTES 46-7, FOR A WORKFORCE INNOVATION AND OPPORTUNITY ACT GRANT Funds in the amount of$1,090,000 would be used to assist adults, dislocated workers, and youth by providing services that will train individuals to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 851 Intr. by: Ms. David (B/R) Waived: FC Vote on Res. 564-20: Ms. David moved to adopt Res. 564-20. 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. Page 34 Hawaii County Council-36 April 8,2020 Res. 565-20: URGES THE HONORABLE DAVID Y. IGE, GOVERNOR OF THE STATE OF HAWAII, TO DELAY IMPLEMENTATION OF THE DEPARTMENT OF HUMAN SERVICES' NEW HEALTHCARE CONTRACT AWARDS UNTIL RAMIFICATIONS FOR HAWAII COUNTY RESIDENTS HAVE BEEN CONSIDERED AND IMPACTS ASSESSED IN OPEN AND TRANSPARENT PUBLIC DISCUSSIONS Supports further discussion to include Hawaii Island Quest Integration beneficiaries, their care providers, and other stakeholders to avoid an interruption in access to healthcare. Reference: Comm. 852 Intr. by: Ms. Poindexter and Ms. David Motion to Approve: Ms. David moved to adopt Res. 565-20. Seconded by Ms. Poindexter. CHR. CHUNG: Go ahead, the two of you. MS. DAVID: Thank you. I'll go first. Actually, this resolution is very—it covers a very important subject, especially during this time. We were appraised of this because the impact—if the Department of Human Services moves forward with an RFP (Request for Proposals) that would basically eliminate three service providers to outside counties such as our island—would have serious impacts on the people here. The numbers outlined in the resolution are staggering, and almost 20,000 citizens will be affected. And this is basically for the Quest Integration section of our community, which basically every single one of us have a lot of. This will definitely be a serious downfall for the people here. I'd like to thank Bay Clinic and Mr. Kimo Alameda for his great testimony he submitted and also for the West Hawaii Health Center. They deal with this population, and it's very concerning. Another concerning fact that I realize is that there was no public input prior to the Governor going out for an RFP on this. And if they had, they would have found out that there are staggering numbers that we will impose if this goes through. I think we all need the ability to choose different health plans considering the fact that if we reduce our choices, then it becomes close to like a monopoly on healthcare. And that, I really do not believe will be the best interest for any of us and our families. So with that, I yield. I ask for your support on this very important issue. Mahalo. CHR. CHUNG: Ms. Poindexter. Page 35 Hawaii County Council-36 April 8,2020 MS. POINDEXTER: Yes, thank you. Yeah, it's critical to the continuity of care. If something should disrupt it, the amount of paperwork, the policies, the practices and things, case management, all of that gets interrupted. So, I don't think the State has done its due diligence with speaking with all of our healthcare facilities, especially those that their target population is our Medicare, Medicaid population, uninsured/underinsured. Richard Taaffe, I want to thank him for bringing this to our attention. And of course,the FQHCs (Federally Qualified Health Centers) on this island, Bay Clinic. And not only Bay Clinic, but in West Hawaii Community Health Center. But we also have the Hamakua-Kohala Health Centers that are FQHCs that I was able to speak with. And definitely need to have their voices at the table to understand how it impacts our, not just the residents, but the community as a whole for community health. So, I ask that you support this. Thank you. CHR. CHUNG: Anyone else? Okay. And I personally really appreciate the two of you introducing this resolution. This situation, of course, is magnified by the COVID-19 situation. But I'm not a real big fan of the way the Department of Human Services administers their contracts and their selection of those contractors. I've kind of been critical of that for many years, actually, and I really do appreciateso, on various levels, not specifically as it relates to this resolution. So,thanks, you guys. We have a motion on the floor. All those in favor, say "aye." Vote on Res. 565-20: The motion to adopt Res. 565-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried; nine "ayes." MR. HENRICKS: Mr. Chair, can we confirm if Mr. Richards is in the meeting right now? CHR. CHUNG: Oh, yeah, there he is. MR. HENRICKS: Okay, thank you for that. Nine it is. Page 36 Hawaii County Council-36 April 8,2020 Res. 566-20: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $2,000 TO THE HAWAII POLICE DEPARTMENT Donated by The Evans Ohana, funds would be used to purchase tourniquets. Reference: Comm. 853 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 566-20. Seconded by Ms. Lee Loy. CHR. CHUNG: Ms. David. MS. DAVID: Yes, I just would like to thank The Evans Ohana for this donation of$2,000 to our Police Department and ask for your support. Mahalo. CHR. CHUNG: Okay. Anyone else? There being none, all those in favor say Ic aye. Vote on Res. 566-20: The motion to adopt Res. 566-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 567-20: AUTHORIZES THE ACCEPTANCE OF TECHNICAL ASSISTANCE FOR SOFTWARE DEVELOPMENT AND IMPLEMENTATION FROM THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY TO THE COUNTY DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, WASTEWATER DIVISION, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, AND HAWAII COUNTY CHARTER SECTIONS 13-12 AND 13-13 Provides for the development of a digital asset management program for the department's Wastewater Division. Reference: Comm. 854 Intr. by: Ms. David (B/R) Waived: FC Page 37 Hawaii County Council-36 April 8,2020 Vote on Res. 567-20: Ms. David moved to adopt Res. 567-20. Seconded by (Adopted) Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 568-20: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO A GRANT AGREEMENT WITH THE STATE OF HAWAII, PURSUANT TO HAWAII REVISED STATUTES 46-7, FOR A GRANT TO THE COUNTY OF HAWAII Authorizes a memorandum of agreement with the State of Hawaii to reimburse the County for overtime costs, supplies, equipment, and other expenses incurred by the Police Department and the Office of the Mayor through December 31, 2019, in response to the protest activities related to the construction of the Thirty Meter Telescope on the summit of Mauna Kea. Reference: Comm. 855 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to adopt Res. 568-20. Seconded by Ms. Poindexter. CHR. CHUNG: Any discussion? Ms. David. MS. DAVID: Thank you, Chair. Okay, I know that we've all received in excess of, like, 50 written testimonies in opposition to this resolution. I thought it would be helpful having—if you can give me some latitude to explain what took place within the last 24 hours regarding this that I wanted to explain to the people that sent in testimonies, the procedural connection between the resolution we have before us, Communication 605, and the bill that actually is being amended later on. So, if I would be allowed to read my response to these testifiers and then what happened after that. CHR. CHUNG: Yes, go ahead. MS. DAVID: So, I sent this email to 40-plus testifiers last night basically saying, "Aloha and mahalo for your testimony regarding Resolution 568-20. Resolution 568 authorizes the County to receive funds from the State of Hawaii to reimburse the County for overtime costs, supplies, and equipment already Page 38 Hawaii County Council-36 April 8,2020 expended. The resolution must be read together with Bill 115 and Communication 605.8. That communication outlines the proposed amendment to Bill No. 115, changing the appropriation amount from 10 million to $5,342,262, which is the actual amount expended by the County up to and including December 31st, 2019. That is what constituents asked for at the last hearing on this measure, that this not be a blank check. "So, as I understand the process before us, these three documents Resolution 568, Bill 115, and the draft MOA (Memorandum of Agreement) are part of a process necessary to give the County authority to enter into agreements with another government agency to furnish, extend, and receive any funds or other assistance. The resolution and bill move together, much like companion legislation. Reimbursement by State grant cannot be received without approval by Council of a resolution authorizing the entering into of an agreement—and in this case, a grant agreement. "Without an official agreement or contract, public monies cannot be received by an agency the County, in this case—and therefore reimbursement from the State for the $5.3 million will not happen. I sincerely hope my effort to briefly explain the manner in which we as Council Members need to make decisions relating to this extremely sensitive and important issue provides some clarity. It is also my understanding that regarding this entire process, if this Council does not approve the resolution and the bill, the County of Hawaii will absorb the cost of $5.3 million in its own budget. Given the very serious situation we have right now, paying this cost out of our own budget will severely burden the people of Hawaii Island." I thanked them for allowing me to respond, and I did get several responses late last night. And what they did convey to me, which I agree with, is that they were happy that the bill and resolution does state the end date, but if the MOA could be amended to include the end date of December 31" and not be open ended, as it appears on the communication that we have before us. And I thought that it was something that I could agree with. I understand that the open-endedness to me, in my mind, was because initially the amount was 10 million and we were going to be using only a portion of it. So, now that it's for the exact amount, I think we can have the end date included in the MOA. So, I did contact Corporation Counsel to see if we could include that amendment or that revision to the MOA so that all documents would be consistent. And I did get a confirmation that, that could be done if it would be the will of this body. And so, in just trying to get ahead of having the department itself make the proposed amendment, I drafted an amendment to the MOA suggesting that it be changed to read something like this—as far as the term of the MOA, that paragraph will read, the entire paragraph is deleted as far as the term, and this in its place: "This MOA shall become effective upon execution and be applicable Page 39 Hawaii County Council-36 April 8,2020 for the purpose consistent with the terms of Resolution No. 568-20, authorizing the entering into of this MOA covering the period up to and including December 31", 2019." I submitted that this morning to Corp. (Corporation) Counsel. They basically said if it's the will of the Council to amend or revise the MOA, then so be it. I push that out to you guys for discussion. And before I yield, I just want to suggest that, given the proposal that I'm making, I would ask that maybe after discussion we consider postponing this resolution to our next meeting when the bill moves forward to second and final reading so that everything can be before us if we go ahead with the recommendations. I yield at this time and thank you for the latitude. CHR. CHUNG: Anyone? Any discussion? Let me give you my thoughts on this, Maile. You and I had a telephone conversation yesterday, and I really appreciate you taking that extra step in addressing the concerns of those who reached out to all of us. But this is something that came up from the Finance Department because it's been kind of mired with the County Council for a while, awaiting some direction from the Administration. They basically said that the Police Department is running out of money, and that was the reason for the urgency in bringing it up so quickly. In my opinion, when I look at the resolution, it is very clear that it goes all the way until the end of last year and it is for reimbursement only. So, whatever memorandum that was attached to the transmittal initially goes out the window. The Corporation Counsel's Office and the Administration will be required to frame a memorandum of agreement, which is consistent with the resolution. They cannot go outside of that scope, yeah. To do so would be doing something that is outside of their authority, basically. I just want to move quickly in getting that money back to the County of Hawai`i, okay, and whatever it takes. That would be my recommendation. I mean, you could possibly amend the resolution if you wanted to make it more specific. I don't think it needs to be done. But I would like something passed out today if possible. MS. DAVID: Yes, thank you for that. I still will yield to the suggestions. And I understand what you're saying, Chair. I don't think this will delay if we ask for the MOA to be amended before our next reading in two weeks, but I'll just listen to my other colleagues at this point. I yield. CHR. CHUNG: So, you're talking about the bill. MS. DAVID: No, I'm talking about the resolution. Page 40 Hawaii County Council-36 April 8,2020 CHR. CHUNG: No, but when you say, "in two weeks," you're saying "as long as" I mean, because we—do we have the bills here? Okay. So, the bills have to go one more reading. MS. DAVID: Right. CHR. CHUNG: So, you're saying no problem with carrying over the resolution. MS. DAVID: Yes. CHR. CHUNG: Okay, that makes sense, yeah. Okay, very good. MS. DAVID: Yes. Thank you. CHR. CHUNG: All right. So, what's the motion? MS. EOFF: Mr. Chair? CHR. CHUNG: Ms. Eoff. MS. EOFF: Hi. No, I think that would be a good idea because then in two weeks we would have the second—if we move ahead with adopting or moving Bill 115 to second reading, then at our next meeting we would see that with the reso (resolution) and amended memorandum that would pretty much take care of all the concerns that have been written to all of us. And I think it accomplishes what needs to be done as far as getting the money into the proper account as fast as possible, which we do want the reimbursement before the end of fiscal year. CHR. CHUNG: Yeah, I think that's what we all decided. MS. EOFF: So, I support Ms. David's proposal, and I yield. Thank you. CHR. CHUNG: Okay. Ms. David, are you going to make a motion? MS. DAVID: Oh, okay, if we're done talking then, sure. I'll make a motion to postpone Resolution CHR. CHUNG: Oh, you know what? Hold on. We have Mr. Kaneali`i-Kleinfelder who has his light on. MS. DAVID: Oh, okay, sorry. MR. KANEALI`I-KLEINFELDER: Sorry, I was listening to the discussion to see where we're headed. Yeah, Maile, I agree with what you said. Resolution 568, Bill 115, and Communications 855 and 605 all are based on each Page 41 Hawaii County Council-36 April 8,2020 other. The Mayor's Office needs the approval of the resolution to enter into an agreement. Without that resolution being approved, then Bill 115 can't go anywhere. So, what is important today is that if Resolution 568 and Communication 855 don't receive Council approval, Bill 115 can never pass. That's what the public needs to understand. Without Resolution 568, Bill 115 for reimbursement dies. Under HRS (Hawai`i Revised Statutes) Section 46-7, no Council-approved agreement, a resolution between the State and County, then no reimbursement. Now, what's concerning me a little bit is that we're moving to amend the MOA. I like that because it needs to be amended. There is no end date right now on that. And last year, we were given the same MOA, except they opened the MOA to be broader now than it was before. And if I remember correctly, this Council voted 9-0 against the last MOA. So, if the Council's going to vote for something just because it needs the money, then we're entering into you're looking at almost like extortion. So, we need to be very careful about entering into an agreement just because we need the money. We have a rainy-day fund. We have different areas we can pull funding from. So, I agree with the amendment. I will not say yes to any resolution until I see an amended MOA between the State and the County back in front of us that meets our needs and that meets the needs of the public. Thank you, I yield. CHR. CHUNG: Okay, Maile, your motion please. Vote on Motion to Ms. David moved to postpone Res. 568-20 to the next Postpone: Council meeting. Seconded by Ms. Eoff and carried by the (Approved) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Page 42 Hawaii County Council-36 April 8,2020 Res. 569-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO LA`I`OPUA 2020 FOR EXPENSES TO PROVIDE FREE MEALS IN KONA DURING THE COVID-19 PANDEMIC Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 856 Intr. by: Ms. David Motion to Approve: Ms. David moved to adopt Res. 569-20. Seconded by Ms. Eoff. CHR. CHUNG: Ms. David. MS. DAVID: Thank you. I just really would like your support, Council Members, for this very important contingency help for the La`i`6pua 2020. Thank you. CHR. CHUNG: Okay. All those in favor, say "aye." Vote on Res. 569-20: The motion to adopt Res. 569-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Page 43 Hawaii County Council-36 April 8,2020 Res. 570-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO LA`I`OPUA 2020 FOR EXPENSES TO PROVIDE FREE MEALS IN KONA DURING THE COVID-19 PANDEMIC Transfers $5,500 from the Clerk-Council Services –Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 857 Intr. by: Ms. Eoff Motion to Approve: Ms. Eoff moved to adopt Res. 570-20. Seconded by Ms. David. CHR. CHUNG: Ms. Eoff. MS. EOFF: Thank you. I would just like to add—well, first of all, thank you to my colleagues for also helping to support this feeding program. La`i`6pua 2020 has a new commercial kitchen, and they are going to be providing, or they already are, but they'll continue and expand on providing takeout-style meals. So, people are driving up into the parking lot at the community center and picking up meals. Their goal is, for the next five months, to provide meals five to seven days a week. And so, our contingency funds will help support the program as well as the volunteers. But I just want to thank my colleagues and thank La`i`6pua 2020. And thank you, staff, in all three of our offices, as well as Mr. Chung's staff for getting this expedited to meet this agenda today. So, I ask for your support. Thank you. CHR. CHUNG: We have a motion on the floor. All those in favor, say "aye." MR. KANEALI`I-KLEINFELDER: Chair, can I say something? CHR. CHUNG: Oh, yeah, sorry. MR. KANEALI`I-KLEINFELDER: Karen, I appreciate this resolution, and I wanted to add that the Food Basket is able to work with different providers at this time to help fund meals and things like that. So, a great resolution and a great program that you're helping with. And the Food Basket can help as well. MS. EOFF: Thank you. And we had given La`i`6pua 2020 the contact information for small grants from the Hawaii Community Foundation and hooking up with the Food Basket. So, yeah, I think everybody's beefing up all their coordination efforts right now. It's great. Page 44 Hawaii County Council-36 April 8,2020 MR. KANEALI`I-KLEINFELDER: I agree. The community response to this pandemic is amazing, and being able to help is amazing. So, thank you. CHR. CHUNG: Anyone else? There being none, all those in favor say "aye." Vote on Res. 570-20: The motion to adopt Res. 570-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 571-20: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO LA`I`OPUA 2020 FOR EXPENSES TO PROVIDE FREE MEALS IN KONA DURING THE COVID-19 PANDEMIC Transfers $4,500 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 858 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 571-20. Seconded by Ms. David. CHR. CHUNG: Any discussion? Ms. Villegas. MS. VILLEGAS: I just want to thank everyone for their support of this great program and really filling the gap. La`i`6pua is making sure that nobody's going hungry, and we're very grateful for that. CHR. CHUNG: Okay. Anyone else? There being none, all those in favor say Ic aye. Page 45 Hawaii County Council-36 April 8,2020 Vote on Res. 571-20: The motion to adopt Res. 571-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung–9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 572-20: URGES THE HONORABLE PRESIDENT DONALD J. TRUMP TO ISSUE A BAN ON ALL NON-ESSENTIAL TRAVEL TO THE STATE OF HAWAII UNTIL APRIL 30, 2020, TO HELP REDUCE THE COVID-19 INFECTION RATE AND EASE THE BURDEN ON OUR ALREADY STRAINED HEALTHCARE, HOUSING, FOOD, MEDICINE, AND DRY GOODS RESOURCES Reference: Comm. 859 Intr. by: All Members of the Hawaii County Council Motion to Approve: Ms. Lee Loy moved to adopt Res. 572-20. Seconded by Ms. Kierkiewicz. CHR. CHUNG: Any discussion? Anyone? MS. VILLEGAS: Chair Chung? CHR. CHUNG: Yes, Ms. Villegas, go ahead. MS. VILLEGAS: I thought it was interesting today. I believe Mayor Caldwell identified coming to Hawaii to stay in a short-term vacation rental is a non- essential business. So, short-term vacation rentals should not be operating right now. That made a lot of sense to me. And I've been hearing from a number of different constituents that had a lot of concerns about travelers and visitors still coming and staying in short-term vacation rentals and having absolutely little to no accountability for a mandated quarantine in those facilities. And so, I—and also in watching the news, I mean, I agree with this and I'm hoping that President Trump would do it. But after listening to Governor Ige speak about the FAA (Federal Aviation Administration) and what can and can't be done, it just kind of put the idea in my head that there may be some Page 46 Hawaii County Council-36 April 8,2020 opportunity to incorporate this angle of short-term vacation rentals being non- essential business, therefore those should be part of what's closed which then gets us to where we want to get to, which is no more visitors flying in. I yield. CHR. CHUNG: Anyone else? MS. POINDEXTER: Chair, I have a comment. CHR. CHUNG: Who is that? Oh, Val, yes, go ahead. MS. POINDEXTER: This is Val. Yeah, I definitely strongly support this. And when I read in the paper what our Mayor said about it would be detrimental to our State and would prolong Hawai`i's recovery from this emergency, we got it all backwards because I think recovery should not be based on tourism. Our recovery plan should be based on what we're learning from all of this, and how do we plan for sustainability for the future. Our sustainable lifestyles. The cultural lifestyle of back in the day, we didn't depend on tourism. When I was growing up, I swear we didn't depend on tourism. We depended on each other, and we supported agriculture. We had small little berries. We had all of our backyard gardens. Hunters and fishermen, they had easy public access. So, if we're talking about recovery, we don't need to plan for tourism. We've got to be smarter because look at what's happening right now because we're just so dependent on tourism. We need to be dependent on our people and each other. Jeff Melrose, years ago before he passed—God bless him—he had a sustainability plan and he started writing that. And we need to take that off of the bookshelf, dust it off, and we need to get working on it. But this ridiculous notion that it's going to be detrimental to our State and would prolong Hawai`i's recovery from this emergency is totally absurd and ridiculous. So, I just needed to say that because that pissed me off reading that. Thank you. CHR. CHUNG: Anyone else? MR. KANEALI`I-KLEINFELDER: Chair? CHR. CHUNG: Yes, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Yeah, I strongly agree with my other Council Members on this. This is an urgent need for our County, and we've all been asking for this, I think, from the beginning. And it's been a very slow response on behalf of all the administrations involved. And this is going to be one Page 47 Hawaii County Council-36 April 8,2020 of the ways that we can flatten the curve and stop this pandemic and that's that. So, mahalo for putting this forward to all of us, and I appreciate this. It's a good job. Very good move on this Council's behalf. CHR. CHUNG: Anyone else? Okay, let me weigh in on this. As all of you know, I'm the one who instructed the County Clerk and our Legislative Branch to prepare this resolution after seeing what Mayor Caldwell and the other mayors from Maui County and Kauai County had signed off on. And I know how united this Council has been on trying to flatten the curve at all cost. And at the same time, we also know that these resolutions, particularly as they are directed to a person like President Trump, will probably not be too effective or it might be; we don't know. We're only hopeful. But we needed to show at least some kind of unity with the other counties, I believe. And unfortunately, Mayor Kim saw fit not to sign on with his colleagues, and that is certainly his prerogative. And I think all of you will agree I've tried not to really bash Mayor Kim because, at this time, I think I used the term "squabbling really does us no good." But the public needs to see that there is a different opinion coming out from its County government. And I wanted to point out something. Yesterday, in the local newspaper, Mayor Kim had a viewpoint article, which explained why he didn't sign on with his colleagues throughout the State on this request to President Trump. He speaks about the effectiveness of the quarantine rule, and he mentioned it several times in that viewpoint letter. And then in today's newspaper, the headline is that the quarantine enforcement is impeded by a lack of getting travel data from State tourism agencies and it's nearly impossible. And that is from our County government—Mayor Kim and Chief Ferreira. So, there seems to be mixed messages, and perhaps I'm missing it when I'm reading all of this but it is very confusing. But at the same time, I'm not here to bash our Chief Executive, but really the public needs to know that at least the County Council is united in trying to do whatever it can to stem this COVID-19 epidemic. So, having said that—and this is very unusual to have all of the Council Members co-introduce a measure like this. I don't think it's ever been done before. But we have some latitude with this emergency situation and the relaxation of certain laws, and I thought it would be the perfect opportunity for us to do something like this just as a gesture. If someone wants to contest the validity of this resolution, then, well, so be it because I really think it probably will fall on deaf ears with President Trump, but who knows. Every little bit will help. So, we stand united with Mayor Caldwell, Mayor Kawakami, and Mayor Victorino in that regard. Okay, anyone else? Yes, Mr. Kaneali`i-Kleinfelder. Page 48 Hawaii County Council-36 April 8,2020 MR. KANEALI`I-KLEINFELDER: Chair, mahalo for doing this. I wanted to add, I think yesterday or the day before, the Mayor's Office took the time to clear a homeless camp out of the Downtown Hilo area, which caused a huge stir in the community in regard to the COVID-19 pandemic. HOPE Services was extremely disappointed in that move. So,there needs to be a concerted effort from all of us to safely handle this pandemic. And this resolution is absolutely crucial, but yeah, our leadership needs some better direction. CHR. CHUNG: Well, I take a different view on the clearing of that homeless encampment. It might have been done better, but it was vitally important as well, I think. And at the same time, I do want to say it's not to dismiss the idea that the Administration is not doing a good job with their taskforce. They have been very responsive, and they've been addressing a lot of concerns that have been coming up from the public at large—within the context of their own framework, right? I want to make that qualification. So, anyway, we have a motion on the floor. MR. RICHARDS: Chair? CHR. CHUNG: Yes, Mr. Richards, go ahead. MR. RICHARDS: Thank you. A little stilted because of all the separation. I just want to comment, again echoing Matt in saying this is an outstanding way to demonstrate our support of having this done. I completely agree with everyone's statements concerning restricting stopping tourism from coming to the State just for the time, get that pause. I did want to comment on the vacation rental, however. It has been brought to my attention that apparently we have families that are staying in them to stay away from their own family, whether they're healthcare workers or first responders just so they're trying to distance that way. So, Rebecca, though I agree with you principally, there's another side of that,that we should discuss before we push harder on that. Chair, with that I yield. CHR. CHUNG: Thank you. And I'm reminded now of one more thing. I don't know if you guys have seen this thing that Google has been putting out, but they've been doing some tracking, right, based on mobile phone usage. It's very interesting. Throughout the State, they see what the reductions are in going to retail places or supermarkets or recreational areas. Very interesting statistics that are being brought to light in that regard, and it seems that the public is really taking this seriously—our local public. And Mayor Kim mentioned that there are only a small amount of people now coming into the State of Hawaii and to our island. But if that's the case, why don't we shut it down completely? That's my feeling. Because, our people are Page 49 Hawaii County Council-36 April 8,2020 taking this seriously. And Val sent me a text the other day that was very disturbing about how people are finding Hawaii as being the place to seek refuge now. In order for us to maintain or restore normalcy for our local population, we have to shutdown our State. It's vitally important, I believe. We have the luxury of being isolated or insulated from other places because we're an island state. And if we don't use that to our advantage, then we've got to get our heads examined, quite frankly. So, having said that, we have a motion on the floor. All those in favor, say "aye." Vote on Res. 572-20: The motion to adopt Res. 572-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Res. 573-20: 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 FOOD BASKET, INC., FOR EXPENSES RELATED TO COVID-19 EMERGENCY FOOD DISTRIBUTION Transfers $27,900 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 861 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 573-20. Seconded by Ms. Lee Loy. CHR. CHUNG: Any discussion? Ms. Kierkiewicz. MS. KIERKIEWICZ: Chair, we're all actively involved in supporting community response as it relates to COVID. I'm in communication with Food Basket nearly every day to help them standup a home delivery network, to do some promotions, to gather data, and to just help them to be very disciplined and strategic around how we continue to support the food security and food access Page 50 Hawaii County Council-36 April 8,2020 needs of our community in a very sustained way. And just to shed some light, they did a few `ohana drops in the last week. In Pahala, they typically serve 90 households, and I believe they delivered over 220 boxes. In another community, they typically push out 200, and over 700 households showed up. And so, we are seeing a massive need a lot sooner than expected. And so, there is a mad dash, as we saw with lava, to help initially. But this is some money that's being set aside to help Food Basket fill in the gap should philanthropic money run out or we are continuously waiting for the Federal government money to come in. So, I just wanted to do my part to ensure that whatever money I had left in my CRF (Contingency Relief Fund) would be used to support some emergency food distribution in the coming months. Looking for support from my colleagues. Thank you. CHR. CHUNG: Ms. Lee Loy. MS. LEE LOY: Thank you. And, Ms. Kierkiewicz, I am going to be wholeheartedly supporting this one. I think this just demonstrates how we're trying to bridge the gap before real bigger services and government appropriations can move in. But what I find incredibly smart about this is it provides those `ohana drops that last a week at a time. And right now, families are getting their meals through DOE (Department of Education), which is every single day, but this kind of provides them something for a longer term. And as we begin to kind of align those services between DOE and some of our other nonprofits and then allow the government to move in, because I'm also seeing the Meals on Wheels program shifting to emergency food distribution and trying to align those deliveries. And I cannot stress enough: Food security is really a struggle for so many of our families. So,thank you for putting this forward in a very smart and succinct way until we can get bigger monies in. Thank you. I yield. CHR. CHUNG: Anyone else? There being none MR. RICHARDS: Chair? CHR. CHUNG: Oh, Mr. Richards, go ahead. MR. RICHARDS: Thanks, Chair. Yeah, I'm going to echo Councilwoman Lee Loy on this and give Ashley the thumbs up. I've actually been working with her on some of this stuff, on the food bank, Food Basket. I think everybody's been contributing one way or another in trying to get funding through there. Page 51 Hawaii County Council-36 April 8,2020 I think each district has its own unique challenges. The good news is that Ashley has a lot of experience in getting this done as we move forward. Matt, you've been contributing into this as well. I know we're talking about north, excuse me, east and west, but we've been talking about doing north and south. I know Kohala's been struggling with getting enough food for our constituency there. And the Keiki Backpacks is a great thing, but all of this is going to take a lot of funding going forward. I've been working with Ashley to try and get some protein into the program as well, and all of this is going to take funding. Yes, we're told that there's going to be Federal funding coming. Yes, we know most will probably come through the State, but we need to get that stuff on the ground. And as Ashley pointed out,this need is coming a lot quicker than people realize. I know the story in Kohala where a family of six came up from, I think, Kawaihae, and there was no food left at the high school when they came to pick it up. We've got to get more funding to them. So, definitely wholeheartedly support this and looking for ways to find more funding. Chair, I yield. CHR. CHUNG: Thank you. Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I would echo and I think every Council Member is going to echo support for this CRF, but, I mean, ultimately the Food Basket is doing an incredible amount of outreach. I was lucky enough yesterday to hand out boxes because we were asked to be a part of this, and I was blown away by the amount of cars in line. I stood there for two-and-a-half hours and handed boxes to different cars and different people. We had to leave, and there were still cars stacked up at Kea`au High School. And I'm getting pictures right now from the Hilo `ohana drop, which is happening at the Civic Center, and there areI'm just going to guess, from looking at these pictures, that there are thousands of cars lined up. So, the need is real. The fact that this Council has stood up and is doing what we can in every single way to help is amazing. People like the Food Basket and Kristin Albrecht, I'm amazed because she is doing an incredible amount of outreach right now. So, anything that any of us can do to help. We can't do any better right now. So, mahalo for Ashley, and mahalo for everyone involved. CHR. CHUNG: Okay, anyone else? I have to echo everything that's been said. This has been a fantastic effort. And to Ms. Kierkiewicz, this is a staggering amount, almost $28,000 from your contingency relief fund. The sad part about it is it's really not enough, right? But thank you, all. We have a motion on the floor. All those in favor, say "aye." Page 52 Hawaii County Council-36 April 8,2020 Vote on Res. 573-20: The motion to adopt Res. 573-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. MR. KANEALI`I-KLEINFELDER: Chair, if I could make a motion, please? CHR. CHUNG: Yes. Motion to Amend Mr. Kaneali`i-Kleinfelder moved to amend the agenda by Agenda: adding Res. 574-20. Seconded by Ms. Lee Loy. CHR. CHUNG: We need six votes, right, for this to move? MR. RICHARDS: Yeah. CHR. CHUNG: Okay. MR. HENRICKS: So, what's happening right now is we have some resolutions, in particular 574, that came in after our agendas were posted. And under State law, which is currently suspended, you can add items to an agenda for consideration with a two-thirds vote and some other considerations. Though the State law suspended it, it would probably be wise to have some kind of a consensus from the Council that these matters can be added to the agenda, motioned in, discussed, and voted on that there is a sense of urgency that would warrant that type of action. So, that is what Mr. Kaneali`i-Kleinfelder is asking with his motion right now, is to add 574-20 to this agenda. CHR. CHUNG: Right. I mean, but all we need to do is vote on it, right? We don't have to make any kind of additional declaration or anything, right? MR. HENRICKS: The first motion is to give yourself a chance to vote on it, on the resolution. CHR. CHUNG: Yes, correct. MR. HENRICKS: Thank you. Page 53 Hawaii County Council-36 April 8,2020 CHR. CHUNG: To bring this up. MR. HENRICKS: Yes, essentially to add it to the agenda. CHR. CHUNG: Correct, yeah, okay. So, we need six votes, though, right? Super majority, right? MR. HENRICKS: Yes. CHR. CHUNG: Not that I think it's not going to get approved, but anyway, all those in favor signify by saying "aye." Vote on Motion to The motion to amend the agenda by adding Res. 574-20 Amend Agenda: 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. MR. HENRICKS: So, I could read it in now as we normally would, please? CHR. CHUNG: Yes, please. Res. 574-20: URGES THE HONORABLE GOVERNOR DAVID Y. IGE TO WIDEN THE HAWAII STATE JUDICIARY ORDERS IMMEDIATELY HALTING EVICTIONS FOR NON-PAYMENT OF RENT IN THE RESIDENTIAL SECTOR TO INCLUDE EVICTIONS OF SMALL BUSINESSES UNTIL MAY 30, 2020 Reference: Comm. 862 Intr. by: Mr. Kaneali`i-Kleinfelder Waived: GREDC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 574-20. Seconded by Ms. Villegas. CHR. CHUNG: Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Mahalo for letting me do what we usually call a "breach"; we had to work a little bit. And I really appreciate the LRB Page 54 Hawaii County Council-36 April 8,2020 (Legislative Research Branch) staff, my own staff, and the Clerk for helping me get this done and on today. I would not have pushed so hard if I didn't feel this is incredibly urgent. About a week ago,the Governor chose to put a halt on evictions for nonpayment of rent for the residential sector, and that is great because we're all wondering how we're going to make payment on our bills. But what I fail to hear in that press release that he did was that this would extend to the commercial sector as well. And as I have watched over the past month, six weeks, I have seen a multitude of businesses. And I did a reach out via Facebook about three days ago, and so far, I have had about 268 businesses on this island that are closed due to the pandemic. Every single one of those businesses has a rent due, has utilities due. They have the same thing as any other person, but they're a business. I clarified with the Office of Consumer Protection and Affairs [sic] and was told that this does not apply to the commercial sector. We know there's funding coming down, and we heard that from Mr. Schatz today. The funding is coming, but in the meantime these businesses are basically being mandated to close, and that mandate doesn't go any further than that. They're mandated to close, but no one is stopped from billing. They're not stopped from being billed for anything as a business. I expressed this before: The business community is dying, and we need support. So, I wrote this resolution, and I'm looking for your support today but I'm making a statement that the State needs to recognize what is happening. If you're going to mandate that businesses close but not stop the drain from the backend on all those businesses, then the sacrifice is not being shared amongst all the different sectors. This goes to Oahu. This is Kauai. This is our island. This is every island, I mean, really, this is nationwide. All the businesses are closing because they have to. We have to share the sacrifice. So, I ask for your support today for this resolution. This is incredibly important and crucial, and I look forward to any comments anyone has to this. This is a huge concern for me, for every business on this island and the State. CHR. CHUNG: Okay, anyone else? In Kona? MS. VILLEGAS: Yes, please. CHR. CHUNG: Yes, Ms. Villegas. MS. VILLEGAS: I really want to commend Council Member Kaneali`i-Kleinfelder for bringing this forward. I have a deep appreciation for the research and the statistics that he's included in this resolution. I just want to read one of them here: "Whereas, the 2018 Small Business Profile created by the U.S. Small Business Administration Office of Advocacy stated that there were 128,863 Page 55 Hawaii County Council-36 April 8,2020 small businesses in the State of Hawaii, which equates to 99.3 percent of all businesses in the State of Hawaii. And whereas, according to the 2018 United States Bureau of Labor Statistics Report, in the State of Hawaii small businesses employed 360,475 people or 66.2 percent of the private workforce." Being personally frustrated with our Federal government and some of the decisions made there on how our tax monies have gone to subsidize major corporations on Wall Street and whatnot in the plight of this COVID pandemic, I see these numbers as a really direct reflection of the need to support our local small businesses. And it also kind of piggybacks with what Val was saying, as this being one of the primary opportunities for us to transition from just relying on visitors. So, I support this resolution. And I'm very hopeful that as we have an opportunity to make different decisions for our State,that the Governor would recognize that as well and take into consideration small businesses and the need to support them. They still have to pay those bills, but they're not getting any income. I know I've heard from a number of different constituents and business owners in Kona that are extremely frustrated because they have to be closed, but large box stores are open and they sell very similar products. And while they may have essential products there as well, there's some frustration in the discrepancy for who's allowed to be open and who's not and whose stock prices are thus going up in this time of crisis. So,there's a lot of imbalances. And so, this being an opportunity for a little more equitable support across the board I think would be very wise and poignant and greatly appreciated. With that, I yield. CHR. CHUNG: Okay, anyone else in Kona? And is Mr. Richards in the room by any chance? Okay, there he is. Okay. We have a motion on the floor MS. KIERKIEWICZ: Chair, could I just add? CHR. CHUNG: Yeah, go ahead. MS. KIERKIEWICZ: Just really quick. Thank you, Matt, for putting this forward. I think we heard from Senator Schatz this morning that there's a lot of money out there but it's just not going to get into the hands of small business, especially the small business that we're talking about. Right? The heartbeat of our island economy. It's just not going to get to folks fast enough. And because it's first-come, first-served, I just worry that a small business doesn't have the support to get through that bureaucratic process and apply to get into the queue. So, maybe that's something we can work on together, is getting them that support. And maybe working with SBDC (Small Business Development Center). They have an excellent tool kit that really breaks down the process for small business. Page 56 Hawaii County Council-36 April 8,2020 I want to use this opportunity to not just lend support but also share with my colleagues that UHERO (University of Hawaii Economic Research Organization) recently published an excellent briefing on what our State can do to get control of this epidemic. But it also provides a playbook for how we can revive our economy in a way that isn't a hundred percent reliant on tourism. So, I hope that it's reading that everybody takes into consideration as we start, I think right now, having to start as best we can plan for the recovery of our island and our State. Chair, I yield. CHR. CHUNG: Okay. Ms. Lee Loy. MS. LEE LOY: Yeah, thank you, Chair. I'm going to be supporting this. Last night, I spent some time with small businesses, Native Hawaiian Chamber specifically, speaking to this issue. And what we see as the typical "mom and pop" stores,there's a lot more out there by way of lei makers and people who kind of provide that aloha through that visitor experience who are struggling. But they're still the backbone of our community. And with the SBA loans that they have out there, it allows for eight weeks of payroll, mortgage, interest, rents, and other utility costs to be forgiven. But one individual shared that in the rental agreement, sometimes there is a force majeure clause that would allow them to kind of compensate for nonpayment of rent, and to try and apply the use of this pandemic as an under the force majeure clause, along with if they have renter's insurance. So, those are other tools in the tool kit that Ms. Kierkiewicz spoke about. So, yes, I will be supporting this particular resolution as a way, again, to bridge the gap until government can really kind of help us out, which will come but not quick enough. So,thank you, I yield. CHR. CHUNG: Anyone else? Maile? Karen? Okay, there being none, I wanted to thank Matt for this as well as the others that are coming down the pipe. This County Council has been united in trying to advocate for stricter lockdown measures and just public safety in general. But there are other aspects to this as well, and this resolution is one such illustration of that, yeah. It's the economic ramifications. So,thank you very much, Matt, and others who are going to be submitting resolutions in that regard. Okay, we have a motion on the floor. All those in favor, say "aye." Page 57 Hawaii County Council-36 April 8,2020 Vote on Res. 574-20: The motion to adopt Res. 574-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Do we have something else? We have a couple more, right? MS. LEE LOY: Yes. Vote on Motion to Ms. Lee Loy moved to amend the agenda by adding Amend Agenda: Res. 575-20. Seconded by Ms. Kierkiewicz and carried by (Approved) the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Ms. Lee Loy, motion please. MS. LEE LOY: Yes, thank you. MR. HENRICKS: Maybe I could read it in briefly. Res. 575-20: URGES THE HONORABLE GOVERNOR DAVID Y. IGE TO SUSPEND RESIDENTIAL EVICTIONS DURING THE COVID-19 STATE OF EMERGENCY Reference: Comm. 863 Intr. by: Ms. Lee Loy Waived: GREDC Motion to Approve: Ms. Lee Loy moved to adopt Res. 575-20. Seconded by Ms. Kierkiewicz. CHR. CHUNG: Go ahead. Page 58 Hawaii County Council-36 April 8,2020 MS. LEE LOY: Thank you, Chair. This one actually kind of emerged a little differently out of the Office of Hawaiian Affairs, where they saw people actually recognizing that the economy and people's loss of jobs, that they were actually starting their eviction process prior to the judiciary kind of stalling and in an attempt to pick it up after the judiciary kind of gets back up on its feet maybe sometime in May, in which that 30-day or 45-day notice would have lapsed. And so,talking with Office of Hawaiian Affairs who actually helped me and my staff craft this, they are in complete support. And at the end of the day, we are in unchartered waters, and this is just one more attempt to help us fall forward at some point when we do have to dig ourselves out of whatever we have in front of us. I also spoke to Lieutenant Governor Josh Green, and he thought this was an excellent tool, especially in light of the emergency proclamation asking us to stay at home. We've got to keep people in their homes. And so, he wholeheartedly supported this also. But one thing I learned through this process is as DOE began to cancel their classes, we have over 25,000 children now at home homeschooling and doing online work. And to add trauma with a possible eviction when this is now not only their home but their classrooms would just be devastating. So with that, I am kindly requesting everyone's support on this as another way that the Council continues to demonstrate a unified voice on how we take care of our families through this unprecedented event. Thank you, I yield. CHR. CHUNG: Thank you. Anyone else? There being none, all those in favor say "aye." Vote on Res. 575-20: The motion to adopt Res. 575-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried, and we have one more. This is Ms. Kierkiewicz'. Ms. Kierkiewicz. Page 59 Hawaii County Council-36 April 8,2020 Vote on Motion to Ms. Kierkiewicz moved to amend the agenda by adding Amend Agenda: Res. 576-20. Seconded by Ms. Lee Loy and carried by the (Approved) 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. Mr. Clerk. MR. HENRICKS: I'm going to read the title. I'm also going to read the enacting clause just to give a little bit greater detail as to what's being considered right now for the record. CHR. CHUNG: Okay, that's fine. Res. 576-20: AUTHORIZES THE DEPARTMENT OF RESEARCH AND DEVELOPMENT TO AWARD FUNDS TO THE FOOD BASKET, INC. Funds would be used to fund a COVID-19 Response Manager position at The Food Basket. Reference: Comm. 864 Intr. by: Ms. Kierkiewicz Waived: FC Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 576-20. Seconded by Ms. Lee Loy. CHR. CHUNG: Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Chair, myself, Council Member Kaneali`i-Kleinfelder, Council Member Richards, we know the incredible work that Food Basket is doing to meet the food needs of our community. And so, weeks ago when I had conversations with Research and Development and Food Basket to understand what their needs were to provide a sustained response, one of the things that they asked for was increased capacity by way of an additional position. And so, R&D (Research and Development) has some funding available to support the creation of a COVID-19 Response Manager position for Food Basket. And it's my understanding that we are going to go after Federal funds to seek reimbursement, but we're not going to wait for that. There's a need right now. Food Basket is bursting at the seams and just needing some additional capacity. Page 60 Hawaii County Council-36 April 8,2020 My team and I have worked to build data systems for them to aid with home delivery, but it's just not enough. We need someone to really help and dedicate themselves to planning and organization in a sustained way. So,just looking for support from my colleagues on this. CHR. CHUNG: Anyone else? There being none, all those in favor say "aye." Vote on Res. 576-20: The motion to adopt Res. 576-20 was carried by the (Adopted) following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. 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): Bill 115: 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 State Grants —Mauna Kea Costs account ($10 million); and appropriates the same to the Mauna Kea Costs account. Funds from the State of Hawaii would be used to reimburse the County for overtime costs, supplies, equipment, and other expenses incurred by the Police Department in response to the protest activities related to the construction of the Thirty Meter Telescope on the summit of Mauna Kea. Reference: Comm. 605 Intr. by: Ms. David (B/R) Approve: FC-93 Postponed: December 18, 2019 (Note: There is a motion by Ms. David, seconded by Mr. Richards, to approve Bill 115.) ; and Comm. 605.8: From Finance Director Deanna S. Sako, dated April 1, 2020, transmits proposed amendments to decrease the appropriation from $10 million to $5,342,262. Page 61 Hawaii County Council-36 April 8,2020 CHR. CHUNG: Okay, we currently have a motion and a second on this matter. Ms. David. MS. DAVID: Yes, thank you. Motion to Amend: Ms. David moved to amend Bill 115 with the contents of Comm. 605.8. Seconded by Ms. Eoff. CHR. CHUNG: Any discussion on that one? MS. DAVID: Well, the only thing I'd like to really say is to thank the Finance Department for doing this and bringing this forward because it does really help us to move this forward for the actual cost. And I ask for your support on the amendment. Thank you. CHR. CHUNG: Okay, we have a motion and second on the amendment. All those in favor, say "aye." Vote on Motion to The motion to amend Bill 115 with the contents of Amend: Comm. 605.8 was carried by the following voice vote: (Approved) Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung–9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Okay, so now let's go back to the main motion, as amended. Do we need any kind of—no? All right. Ms. David? Anybody else have any discussion on this matter? MS. EOFF: Just to make sure that we're all clear that what this does is just reimburse the exact amount of costs that were incurred up to December 2019. CHR. CHUNG: Yes. Okay, we have a motion on the floor—Bill 115, as amended. All those in favor, signify by saying "aye." Page 62 Hawaii County Council-36 April 8,2020 Vote on Bill 115: The motion to pass Bill 115, as amended to Draft 2, on first Draft 2 reading and adopt Finance Committee Report No. 93 was (Approved) carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Bill 151: AMENDS ORDINANCE NO. 19-74, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2019 TO JUNE 30, 2020 Increases the Waiakea Uka Park &New Community Center Improvements project by $8 million. Additional Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or Other Sources ($2 million) and State Capital Improvement Project Funds ($6 million), for a total appropriation of$8,150,000, to be used for project planning and construction. Reference: Comm. 808 Intr. by: Ms. Lee Loy Approve: FC-117 Motion to Approve: Ms. Lee Loy moved to pass Bill 151 on first reading and adopt Finance Committee Report No. 117. Seconded by Ms. Kierkiewicz. CHR. CHUNG: Ms. Lee Loy, go ahead. MS. LEE LOY: I ask for your continued support. CHR. CHUNG: All right. Anyone else? If not, we have a motion on the floor. All those in favor, say "aye." Page 63 Hawaii County Council-36 April 8,2020 Vote on Bill 151: The motion to pass Bill 151 on first reading and adopt (Approved) Finance Committee Report No. 117 was carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Bill 152: 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($650,000); and appropriates the same to the Voucher Rental Subsidies account, for a total appropriation of$19,227,430. Funds provided by the Department of Housing and Urban Development would be used for rental assistance for eligible participants. Reference: Comm. 817 Intr. by: Ms. David (B/R) Approve: FC-118 Motion to Approve: Ms. David moved to pass Bill 152 on first reading and adopt Finance Committee Report No. 118. Seconded by Ms. Kierkiewicz. CHR. CHUNG: Ms. David, you wanted to say anything about this? MS. DAVID: Yes, I just wanted to note that we approved this in Finance, and I ask for your continued support. Thanks. CHR. CHUNG: Okay. Anyone else? We have a motion on the floor. All those in favor, signify by saying "aye." Page 64 Hawaii County Council-36 April 8,2020 Vote on Bill 152: The motion to pass Bill 152 on first reading and adopt (Approved) Finance Committee Report No. 118 was carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Bill 153: AMENDS SECTION 25-8-2 (NORTH & SOUTH KONA DISTRICTS ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—TWENTY ACRES (A-20a) TO AGRICULTURAL—FIVE ACRES (A-5a) AT KALOKO, NORTH KONA DISTRICT, HAWAII, COVERED BY TAX MAP KEY: 7-3-025:002 (Applicant: Jean K. Campbell Trust and Jeffrey S. Clapp Trust) (Area: 21.296 acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to subdivide the property into four parcels for estate purposes. The property is located in the Kaloko Mauka Subdivision in North Kona. Reference: Comm. 840 Intr. by: Ms. Kierkiewicz (B/R) Waived: PC Motion to Approve: Ms. Kierkiewicz moved to pass Bill 153 on first reading. Seconded by Ms. Lee Loy. CHR. CHUNG: Ms. Kierkiewicz. MS. KIERKIEWICZ: Chair, so I worked with the Planning Department to understand how they wanted to move forward with items that were reviewed by the various planning commissions before COVID sort of upended our County operations. And so, this is one of those last remaining bills, and they asked that we hear it as a Council. This project occurs in Council Member Eoff's district. So, looking to her for some insight. Typically, I'd like to have the applicant here before us to answer any Council Member's questions. And in lieu of that, I asked the representative for the applicant, Mr. Kern, if his office could at least provide testimony and some background on the project. And so, it's pretty straight forward. It is a sublot Page 65 Hawaii County Council-36 April 8,2020 request—four different lots. There were some conditions that needed to be added for the Planning Department and Planning Commission where 80 percent of the parcels would be maintained as forest and that the owners of the parcels would be contributing to the Kaloko Mauka Road Intersection Improvements Fund. So, I am happy to continue to move this forward. Or if Council Member Eoff would like us to postpone this until we can resume operations and have applicants and other members of the public here to weigh in. I know that Mr. Kern is amenable to either. So,just wanted to put that out there for discussion. Thank you, Chair. I yield. MS. EOFF: Mr. Chair? CHR. CHUNG: Ms. Eoff, go ahead. MS. EOFF: Thank you. Ms. Kierkiewicz, I may have not heard what you said. What did the Planning Director say or prefer that we do? MS. KIERKIEWICZ: He didn't have any problems with us moving this forward, so that's why it's on the Council agenda today. There have been other measures that we have not taken up because they deem to be too controversial. And so, because of the nature of how we are conducting business, there are certain things he flagged and wanted to wait until we could resume normal-ish operations. MS. EOFF: But this one met with no controversy. MS. KIERKIEWICZ: Absolutely. No controversy, yes. MS. EOFF: I'm okay. I think it's consistent with other applications we've approved in that same area. So, I would be okay with moving it today. MS. KIERKIEWICZ: Okay, thank you. And the applicant is fine with additional conditions that I described that the Planning Department and commission put forward. So, I just wanted to state that for the record. MS. DAVID: Mr. Chair? CHR. CHUNG: Yes? Who is that? MS. DAVID: This is Maile David. CHR. CHUNG: Oh, Maile, go ahead. Sorry. MS. DAVID: I just have a real quick question, and maybe it wouldn't matter. I just wanted to know whether this lot is located above the 2,500-foot elevation Page 66 Hawaii County Council-36 April 8,2020 level. If anyone knows that? The only reason I'm asking is that there was a resolution in 1997 that kind of limits the amount of dwellings per lot above a certain elevation. And I'm trying to read this really quickly to see. They mention it in the report, but it doesn't—maybe I'm not looking in the right place whether this particular lot is located in that watershed area that the resolution in '97 is addressing. Because this is first reading, I just wanted to ask that question on the record and then we can hopefully get an answer when it comes back if we move this forward. Thank you. CHR. CHUNG: All right, very good. Anyone else? Ms. Kierkiewicz said she can get an answer for second reading. Okay, we have a motion on the floor. All those in favor, say "aye." Vote on Bill 153: The motion to pass Bill 153 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung–9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Bill 154: 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 HOME Grant–Program Income account($80,000); and appropriates the same to the Tenant Base Rental Assistance Program account ($72,000) and the Office of Housing and Community Development Administration account($8,000), for atotal appropriation of$130,000. Reference: Comm. 848 Intr. by: Ms. David (B/R) Waived: FC Page 67 Hawaii County Council-36 April 8,2020 Vote on Bill 154: Ms. David moved to pass Bill 154 on first reading. (Approved) Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Bill 155: AMENDS ORDINANCE NO. 19-73, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2020 Appropriates revenues in the Federal - Block Grant account($2,626,423) and the Block Grant- Program Income account($100,00); and appropriates the same to the following accounts: Mental Health Kokua—Facility Sewer Connection ($220,000); Kiheipua Emergency Shelter—Certified Kitchen Construction ($388,175); Haiaulu O `Waikoloa Rental Housing —Off Site Infrastructure Improvement($800,000); Hale Maluhia Shelter—Accessibility Improvements ($561,015); Residential Repair—Homeowner Loan Program ($231,949); and Administration, Planning and Fair Housing ($525,284). Funds would be used to provide housing, suitable and safe living environments, and accessibility for disabled individuals to public facilities. Reference: Comm. 849 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 155 on first reading. Seconded by Ms. Villegas. CHR. CHUNG: Any discussion? MS. DAVID: Except, Chair,just to note that this was waived from Finance. I guess it is because of the need to expedite, and also that this is a companion to Resolution 562. I ask for your support. Thanks. MR. HENRICKS: Mr. Chair, before you call for the vote, I would note that there's an error on the agenda and it's also included in the bill. If we could ask for the Council to amend the bill to correct the word that is currently spelled "Haiaulu"to be spelled "Kaiaulu,"that would be fantastic. So, the bill would correctly cite the proper rental housing program in Waikoloa. Page 68 Hawaii County Council-36 April 8,2020 CHR. CHUNG: Okay. Ms. David, do you want to make that amendment? Vote on Motion to Ms. David moved to amend Bill 155 by changing Amend: "Haiaulu"to "Kaiaulu." Seconded by Ms. Villegas and (Approved) carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. Point of Information: MR. KANEALI`I-KLEINFELDER: Chair, point of personal information? CHR. CHUNG: Yes. MR. KANEALI`I-KLEINFELDER: Maile David, the property sits between 2,800 and 2,900 feet in elevation. It's on page 2 of the description for the background report. MS. DAVID: Oh, thank you. We're going back to the other one. Thank you. I'll go look it up. Thanks for doing that. MR. KANEALI`I-KLEINFELDER: But you're totally right, and I didn't know about that County Council resolution. MS. DAVID: Yeah, it's an old one, and we're old so we know about it. You wouldn't. MR. KANEALI`I-KLEINFELDER: But it says no lands in North or South Kona above 2,500 feet in elevation should be rezoned to lot sizes less than 20 acres. So, you're completely correct. MS. DAVID: Yes. Thank you. MR. KANEALI`I-KLEINFELDER: Thank you, Maile. MS. DAVID: I'll go look it up. Thanks. CHR. CHUNG: Any further discussion on the main motion, as amended? If not, all those in favor say "aye." Page 69 Hawaii County Council-36 April 8,2020 Vote on Bill 155: The motion to pass Bill 155, as amended to Draft 2, on first Draft 2 reading was carried by the following voice vote: (Approved) Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Bill 156: AMENDS ORDINANCE NO. 19-73, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2020 Appropriates revenues in the Federal Grants —Workforce Innovation & Opportunity Act(WIOA) account($1,090,000); and appropriates the same to the following WIOA accounts: Administration Planning 2020-21 ($110,000); Adult Program 2020-21 ($360,000); Dislocated Worker Program 2020-21 ($250,000); and Youth Program 2019-20 ($370,000). Funds would be used to assist adults, dislocated workers, and youth by providing services that will train individuals to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 851 Intr. by: Ms. David (B/R) Waived: FC Motion to Approve: Ms. David moved to pass Bill 156 on first reading. Seconded by Ms. Kierkiewicz. CHR. CHUNG: Ms. David. MS. DAVID: Thank you. I just ask for your support, and this is the companion to Resolution 564. Thanks. CHR. CHUNG: All right. Anyone else? If not, we have a motion on the floor. All those in favor, say "aye." Page 70 Hawaii County Council-36 April 8,2020 Vote on Bill 156: The motion to pass Bill 156 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. 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): Bill 141: AMENDS SECTION 25-8-7 (NORTH & SOUTH KOHALA DISTRICT ZONE (Draft 2) MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15) TO RESIDENTIAL & AGRICULTURAL— FIVE ACRES (RA-5a) AT KAHUA 1sT, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 5-9-001:008 (Applicant: Kohala Shoreline, LLC) (Area: 37.88 acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to subdivide the property into six lots to develop a residential subdivision. The property is located three miles north of Kawaihae Harbor on the makai side of Akoni Pule Highway. Reference: Comm. 764.5 Intr. by: Ms. Kierkiewicz (B/R) First Reading: March 25, 2020 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 141, Draft 2, on second and final reading. Seconded by Ms. Lee Loy. CHR. CHUNG: Discussion? MR. KANEALII-KLEINFELDER: Chair? CHR. CHUNG: Yes, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Thank you. I just wanted to check. Did we get an answer back and get a consensus on the developer working with the Page 71 Hawaii County Council-36 April 8,2020 community? That was part of our discussion during this. I mean, we have no oral testimony, but it was pretty contentious the last time we discussed it. And then, I wanted to see if there had been any amendment to the section where we're saying, "In the unlikely event that we find remains,"because we knew there were. So, I think the Planning Department's okay with that, but I don't see the amendments done in the document. I just wanted to check on where we stood with that. MS. KIERKIEWICZ: Right. So, when this was at first reading before I put forth all of those amendments, I checked in with the Planning Department on each one of those. And as I explained the last time we were hearing this bill for first reading, they didn't find it necessary to strike that word because remains were already found by the archeologist. They did a very thorough job, Bob Rechtman did. And he actually found more remains that weren't uncovered during prior reviews of the area. And so, the Planning Department did not feel that it was a necessary amendment to make to the bill. MR. KANEALI`I-KLEINFELDER: I remember the discussion. I just remember them being okay with the wording and not against the wording. I'm just checking because we're just following up. MS. KIERKIEWICZ: I'm explaining to you that the Planning Department's preference was to just not touch it and just to continue with the standard language. MR. KANEALI`I-KLEINFELDER: Okay, thank you. I appreciate it. MR. RICHARDS: Chair? Richards. CHR. CHUNG: Yes? MR. RICHARDS: Matt,just to answer your question, we had a meeting scheduled between Greg Mooers and the Kahoopii family to meet here in my office. But with the stay-at-home order, we had to postpone that meeting. So,the intent is to reschedule as soon as we get the go ahead to get that done. MR. KANEALI`I-KLEINFELDER: So,they haven't had that discussion yet? MR. RICHARDS: No, not as yet. CHR. CHUNG: Okay. Anyone else? We have a motion on the floor. All those in favor, signify by saying "aye," Page 72 Hawaii County Council-36 April 8,2020 Vote on Bill 141: The motion to pass Bill 141, Draft 2, on second and final Draft 2 reading 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. CHR. CHUNG: Motion carried. Bill 142: AMENDS CHAPTER 2, ARTICLE 8, SECTION 2-37 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE DEPARTMENT OF RESEARCH AND DEVELOPMENT'S SUSTAINABILITY ACTION COMMITTEE Adds climate change to the list of topics for which the committee would advise the director; and adds environmental science as an additional area of expertise to which member selection would be based on. Reference: Comm. 768 Intr. by: Mr. Kaneali`i-Kleinfelder First Reading: March 25, 2020 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 142 on second and final reading. Seconded by Ms. Lee Loy. CHR. CHUNG: Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: I'd like to add that the intent of this bill was to add a climate change to the discussion. But as I'm watching this pandemic unfold and watching the way our community's reacting to it, I couldn't see a better time for the Administration to actually standup the Sustainable Action Committee because all I'm hearing right now is how we can be more sustainable as a community without inputs like tourism, outside dollars, tax revenue. And just watching the reaction and seeing how many farmers are coming to us saying, "We have food we can't sell. Can you help us,"where can we get product if ships don't come in? There could be no better discussion right now than sustainability. So, it may be in the best interest of everyone involved to actually stand this committee up, although we did have some questions about funding a committee like this. So, I ask for your support like I did before, and I look forward to any comments. Page 73 Hawaii County Council-36 April 8,2020 CHR. CHUNG: Okay, any further discussion? There being none, all those in favor say "aye." Vote on Bill 142: The motion to pass Bill 142 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Bill 145: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF (Draft 2) THE COUNTY OF HAWAII FOR THE PURPOSE OF FUNDING ALL OR A PORTION OF THE COSTS OF VARIOUS IMPROVEMENT PROJECTS; FIXING THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDING FOR THEIR SALE TO THE PUBLIC; AND AUTHORIZES THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE BONDS Authorizes the issuance of up to $103 million in general obligation bonds to fund certain Capital Improvement Projects, including: Ane Keohokalole Highway Phase III(Hina Lani Street to Kaiminani Drive); Puna Connectivity and Emergency Access Routes; Paniolo Avenue Rehabilitation/Waikoloa Intersection Construction; Kawili Street Shoulder Improvements; Mamalahoa Highway Resurfacing (Hohola Drive to Kekehau Street); Plumeria Street Rehabilitation; and Waianuenue Avenue Resurfacing. Reference: Comm. 781.2 Intr. by: Mr. Chung First Reading: March 25, 2020 Motion to Approve: Ms. David moved to pass Bill 145, Draft 2, on second and final reading. Seconded by Ms. Eoff. CHR. CHUNG: Any discussion? MS. DAVID: No, not from me, Mr. Chung. Thank you. CHR. CHUNG: Thank you for your support in all of this. You know what? As Matt stated in regard to the other matter that he had introduced,this thing, over the last month and a half, has really taken on a different significance as well because we don't know how much we can afford to float in terms of bonds. But Page 74 Hawaii County Council-36 April 8,2020 at some point, this may serve as a stimulus package for the County of Hawaii. So, it's really two-fold in its benefits to our County. So, anyway, we have a motion on the floor. All those in favor, signify by saying "aye." Vote on Bill 145: The motion to pass Bill 145, Draft 2, on second and final Draft 2 reading was carried by the following voice vote: (Adopted) Ayes: Council Members David, Eoff, Kaneali`i-KleinfeIder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Bill 146: AMENDS CHAPTER 2 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO THE APPROPRIATION OF DISASTER RELIEF FUNDS TO ELIGIBLE NONPROFIT ORGANIZATIONS TO PROVIDE RELIEF, RECOVERY, MITIGATION, AND REMEDIATION ASSISTANCE FOR DISASTER DAMAGE CAUSED BY THE 2018 KILAUEA ERUPTION Establishes standards and procedures to allow eligible 501(c)(3) nonprofit organizations to apply for 2018 Kilauea eruption disaster relief funds received by the County. Reference: Comm. 789 Intr. by: Ms. Kierkiewicz First Reading: March 25, 2020 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 146 on second and final reading. Seconded by Ms. Lee Loy. CHR. CHUNG: Any discussion? Ms. Kierkiewicz. MS. KIERKIEWICZ: Chair, thank you. I really appreciate the recovery team, Corporation Counsel, Finance for their incredible work and collaboration on this. I'll be checking in with the recovery team this week to get an update on where we are with the application process. Even though we, as a community, are very focused on helping our community navigate the coronavirus pandemic, it's important that other work like helping Puna recover from the 2018 lava flow still continues to happen. And so,just looking to my colleagues for their support on this very important measure. Thank you, I yield. Page 75 Hawaii County Council-36 April 8,2020 CHR. CHUNG: Okay. We have a motion on the floor. All those in favor, signify by saying "aye." Vote on Bill 146: The motion to pass Bill 146 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Bill 147: 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 Fund Balance from Previous Year account ($850,000); and appropriates the same to the Signals and Street Lights account. Funds would be used by the Department of Public Works to purchase materials to expedite the replacement of failing street lights. Reference: Comm. 791 Intr. by: Ms. David (B/R) First Reading: March 25, 2020 Vote on Bill 147: Ms. David moved to pass Bill 147 on second and final (Adopted) reading. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Page 76 Hawaii County Council-36 April 8,2020 Vote on Motion to Ms. David moved to suspend Council Rule 15 to waive the Suspend Council 5-day hold for reconsideration. Seconded by Ms. Villegas Rules: and 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. Bill 148: AMENDS ORDINANCE NO. 19-74, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2019 TO JUNE 30, 2020 Adds the Public Works Mamalahoa Highway Resurfacing - Hohola to Kekehau project for $3 million to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or Other Sources. Reference: Comm. 792 Intr. by: Ms. David (B/R) First Reading: March 25, 2020 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai`i County Charter Vote on Bill 148: Ms. David moved to pass Bill 148 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. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (There were none.) Page 77 Hawaii County Council-36 April 8,2020 REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: (There were none.) OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There were none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. CHR. CHUNG: We've come to the end of our agenda. MR. HENRICKS: Mr. Chair? CHR. CHUNG: Yes? MR. HENRICKS: Just a little leeway in these special times. CHR. CHUNG: Sure, yes. MR. HENRICKS: I just wanted to, because we're still on livestream,just especially thank Mr. Gavin Tanouye who drove over to Kona twice recently to make sure that we could provide these meetings in these capacities, trying to social distance. He really went out of his way to do his job and his duty, but a special thanks to him. And just quite frankly, thanks to all of the staff that has persevered in these times to put these meetings together to keep the County operating. I'm truly thankful, and I'm inspired by their abilities to do so in these times. I would be remiss if I just didn't make that small bit of gratitude for everybody for what they're doing to keep us running. And thank you to all. CHR. CHUNG: No, very well said. Everybody's doing their part. MR. HENRICKS: Agreed. CHR. CHUNG: And I also wanted to credit all of our Council Members. I couldn't really see our members out in Kona, but are all of you guys wearing these face masks? MS. DAVID: We're more than six feet apart, so we're really not wearing. MS. VILLEGAS: I have mine right here. Page 78 Hawai`i County Council-36 April 8,2020 CHR. CHUNG: Oh, okay. MS. VILLEGAS: Chair Chung, I really like that style, fashion statement that you've got going on with the hanging off the ear. CHR. CHUNG: Well, thank you. MS. DAVID: Looks good from here. CHR. CHUNG: It's just so funny, though. In the past, we'd always poke fun at the tourists, right, for wearing these things, and now it's become the norm, right. And it's all for the public good. And so, we're trying to do our part too. So, anyway, we've come to the end of our agenda. Can I have a motion to adjourn? ADJOURN- There being no further business, at 12:02 p.m., Ms. Lee Loy moved to adjourn the MENT: meeting. Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members David, Eoff, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas, and Chair Chung—9. Noes: None. Absent: None. Excused: None. CHR. CHUNG: Motion carried. Meeting adjourned. Council Approval: Ail ® 20 \ COUNT CLERK JH/dg Page 79