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HomeMy WebLinkAboutMIN COUNCIL 2021-01-06 2020-2022 Hawai‘i County Council rd 3 Session Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i January 6, 2021 INVOCATION: Pastor John Endriss of Engage Church Hilo gave the morning’s invocation. CALL TO The regular meeting of the Hawai‘i County Council was called to order at ORDER: 9:10 a.m., in the Council Chambers, Hilo, by Ms. Maile Medeiros David, Chair. ROLL CALL: Present: Ms. Maile Medeiros David, Chair (via videoconference from Kona) Mr. Aaron S. Y. Chung, Vice Chair (via videoconference from Kona) Mr. Holeka Goro Inaba, Member (via videoconference from Kona) Mr. Kānealiʻi-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member Ms. Heather L. Kimball, Member Mr. Herbert M. “Tim” Richards, III, Member Ms. Rebecca Villegas, Member (via videoconference from Kona) Absent & Excused: Ms. Susan L. K. Lee Loy, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Ms. Kimball led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions, MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (There were none.) EXPRESSIONS OF CONDOLENCE: STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: (There were none.) Hawai‘i County Council-3 January 6, 2021 APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Vote on Approval Mr. Inaba moved to approve the Minutes of December 7, of Minutes: 2020. Seconded by Ms. Villegas and carried by the (Approved) following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Richards, Villegas, and Chair David – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. CHR. DAVID: Thank you, Mr. Clerk. Can we take the “Order of Resolutions,” please? COMMUNI-The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. (There were none.) ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 757-20: ACCEPTS A GRANT OF PUBLIC PEDESTRIAN ACCESS EASEMENT, (2018-2020) IDENTIFIED AS TAX MAP KEY: 2-5-015:022 (POR.), SITUATED AT PONAHAWAI, DISTRICT OF SOUTH HILO, COUNTY AND STATE OF HAWAI‘I, FROM PAUL DAVID BROTZMAN AND AMY JEAN BROTZMAN The easement would provide the residents, tenants, and property owners access to a public park via Chong Street. Reference: Comm. 1123 Intr. by: Ms. David (B/R) Approve: FC-155 Motion to Approve: Mr. Inaba moved to adopt Res. 757-20 and Finance Committee Report No. 155. Seconded by Mr. Richards. CHR. DAVID: Mr. Chung, go ahead. MR. CHUNG: Can you hear me? Yeah, thank you. I had requested that this matter be postponed until the new Administration could weigh in. They have done so. I’ve spoken to Acting Director of Parks and Recreation Maurice Messina. He said that the Administration is in support of this Page 2 Hawai‘i County Council-3 January 6, 2021 arrangement with the proviso, though, that—well, of course, knowing full well that there will be some cost associated with this in terms of directing a gate and other things like that—but with the further proviso that they will be closing the gate at night so as to avoid any possibility of there being traffic by the Brotzman property because they’re worried about liability issues, of course. So, they want to minimize that possibility. So, they will be working out an easement agreement with that proviso built in. So, I’m in support. CHR. DAVID: Thank you, Mr. Chung. Anyone else? No? Alrighty. Then I just—before we take the vote, I’d just like to thank Mr. and Mrs. Brotzman for this easement. And all those in favor, please say “aye.” Vote on Res. 757-20: The motion to adopt Res. 757-20 and Finance Committee (Adopted) Report No. 155 was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Richards, Villegas, and Chair David – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. CHR. DAVID: Thank you. Res. 24-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR ONLINE LEGAL RESEARCH PROVIDER FOR THE OFFICE OF THE CORPORATION COUNSEL Authorizes the Mayor to enter into a one-year contract with an approximate monthly cost of $5,158. Reference: Comm. 35 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Waived: FC Motion to Approve: Mr. Kānealiʻi-Kleinfelder moved to adopt Res. 24-21. Seconded by Mr. Richards. CHR. DAVID: Mr. Kānealiʻi-Kleinfelder, go ahead. MR. KANEALIʻI-KLEINFELDER: Mahalo, Chair. Resolution 24-21 was waived to Council. Renee Schoen is here. If you want to come up, Renee. This is for a multi-fiscal year contract with Westlaw, and I think Renee can explain a little bit more in detail than I can. It’s fairly expensive per month, but I’ve been told that it’s extremely necessary for the departments. So, Renee, if you could. Page 3 Hawai‘i County Council-3 January 6, 2021 (Note: At this time, Assistant Corporation Counsel Renee Schoen came forward to address the members of the Council.) MS. SCHOEN: Good morning, Council and Council Chair. Renee Schoen, Assistant Corporation Counsel. So, Westlaw is an electronic printed legal research and educational and reference tool that our office uses. We had a contract in place from 2015-2020, which expired in November. So, this request is coming to you because we’re trying to renew just for one year, and that’s to give the new Administration a chance to weigh in on whether or not they want a longer contract or maybe a different provider. So, this is just an option of one year, and it comes to you because it crosses fiscal years. So, the ask is for the term beginning November 26, 2020, and then ending on November 2021 for $5,157.73 per month. MR. KANEALIʻI-KLEINFELDER: Thank you, Renee. That’s why I spoke to Craig a little bit and, I mean, it caught me. I was like $5,000 a month seems a bit excessive for an online law catalog, but at the same time he explained to me that what you’re getting the value of would be in the millions of dollars for how much of a library, like a physical library, would take. So, if you want to maybe just explain what this is so that everyone here can understand. MS. SCHOEN: Yeah, it is a tool that is used by all of the attorneys in our office, our paralegal, and even our legal support staff and we use it daily. And we can access case law from all states—U.S. Supreme Court, Federal case law. It also provides us access to other litigation-type cases that we can look at—briefs that were filed and things of that nature. So, it’s a tool that we really need in our office and it’s really important. And it does sound expensive but necessary. MR. KANEALIʻI-KLEINFELDER: Yeah, okay. Well, I yield for any questions that the Council may have, and thank you for being here today. CHR. DAVID: Thank you, Mr. Kānealiʻi-Kleinfelder. Any other comments, Council Members? Seeing none, I would like to thank Ms. Schoen. Thank you for that explanation about the importance for this program or for the research provider. Thank you very much for being here. All those in favor of approving Resolution 24-21, please say “aye.” Page 4 Hawai‘i County Council-3 January 6, 2021 Vote on Res. 24-21: The motion to adopt Res. 24-21 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Richards, Villegas, and Chair David – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. Res. 27-21: 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 KEIKI CARE PACKS PROJECT Transfers $1,000 from the Clerk-Council Services – Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 48 Intr. by: Ms. David Motion to Approve: Mr. Inaba moved to adopt Res. 27-21. Seconded by Ms. Villegas. CHR. DAVID: Council Members, this is self-explanatory. It’s a good project and it’s care packets for the kids and in Cooper Center. So, I ask for your support. Mahalo. Any other discussion? No? All right, all those in favor please say “aye.” Vote on Res. 27-21: The motion to adopt Res. 27-21 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Richards, Villegas, and Chair David – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. Page 5 Hawai‘i County Council-3 January 6, 2021 Res. 28-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO OSMD HAWAIʻI FOUNDATION TO ASSIST WITH EXPENSES RELATING TO ITS PADDLING PROGRAM Transfers $4,500 from the Clerk-Council Services – Contingency Relief account (Council District 3); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 49 Intr. by: Ms. Lee Loy Motion to Approve: Mr. Richards moved to adopt Res. 28-21. Seconded by Ms. Kierkiewicz. CHR. DAVID: Discussion? Someone on behalf of Ms. Lee Loy? MR. RICHARDS: Yeah, I’ll take it. Richards. CHR. DAVID: Thank you, Mr. Richards. Go ahead. MR. RICHARDS: Yeah. This is Sue’s contingency funds to purchase a small paddling canoe for people with special needs. So, just helping out a program that addresses people with special needs. Ask for your support. CHR. DAVID: Thank you very much for that. That’s a good program. So, any other discussion? Seeing none, all those in favor please say “aye.” Vote on Res. 28-21: The motion to adopt Res. 28-21 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Richards, Villegas, and Chair David – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): (There were none.) Page 6 Hawai‘i County Council-3 January 6, 2021 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 223: AMENDS ORDINANCE NO. 20-44, AS AMENDED, RELATING TO PUBLIC (2018-2020) IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2020 TO JUNE 30, 2021 Adds the Parks and Recreation Waiākea Uka Park – State project for $6.4 million to the Capital Budget. Funds for this project shall be provided from State Grants Receivable. Reference: Comm. 1147 Intr. by: Ms. David (B/R) First Reading: December 23, 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 223: Mr. Inaba moved to pass Bill 223 on second and final (Adopted) reading. Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Richards, Villegas, and Chair David – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. Bill 224: AMENDS ORDINANCE NO. 20-44, AS AMENDED, RELATING TO PUBLIC (2018-2020) IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2020 TO JUNE 30, 2021 Adds the Parks and Recreation Waiākea Uka Park project for $2.1 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. 1148 Intr. by: Ms. David (B/R) First Reading: December 23, 2020 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter Page 7 Hawai‘i County Council-3 January 6, 2021 Vote on Bill 224: Mr. Inaba moved to pass Bill 224 on second and final (Adopted) reading. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Richards, Villegas, and Chair David – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. Bill 225: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING (2018-2020) BUDGET FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Appropriates revenues in the American Job Center – One Stop Program Income account ($150,000); and appropriates the same to the American Job Center – One Stop account. Funds would be used to pay for expenditures related to the Workforce Innovation and Opportunity Act American Job Center. Reference: Comm. 1151 Intr. by: Ms. David (B/R) First Reading: December 23, 2020 Vote on Bill 225: Ms. Kierkiewicz moved to pass Bill 225 on second and (Adopted) final reading. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Richards, Villegas, and Chair David – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. Page 8 Hawai‘i County Council-3 January 6, 2021 Bill 1: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Appropriates revenues in the Federal – Mainstream Voucher Program – COVID-19 account ($746,100); and appropriates the same to the Mainstream Voucher Program – COVID-19 account. Funds would be used by the Office of Housing and Community Development to pay for Mainstream Voucher Subsidies and assist non-elderly persons with disabilities. Reference: Comm. 12 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) First Reading: December 23, 2020 Motion to Approve: Mr. Kānealiʻi-Kleinfelder moved to pass Bill 1 on second and final reading. Seconded by Mr. Inaba. CHR. DAVID: Mr. Kānealiʻi-Kleinfelder. MR. KANEALIʻI-KLEINFELDER: I believe we had a good discussion about this last time, and I look forward to everyone’s continued support. CHR. DAVID: Thank you very much. Anyone else? Seeing none, all those in favor please say “aye.” Vote on Bill 1: The motion to pass Bill 1 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Richards, Villegas, and Chair David – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. Page 9 Hawai‘i County Council-3 January 6, 2021 Bill 2: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Appropriates revenues in the Federal – Community Development Block Grant (CDBG) COVID-19 account ($1,077,958); and appropriates the same to the following CDBG-Coronavirus 3 accounts: The Food Basket Emergency Food Program ($409,472), Na Kahua Hale O Ulu Wini – Community Center Improvements ($558,805), and Project Vision Hawai‘i – Mobile Health and Hygiene Services ($109,681). Funds would be used by the Office of Housing and Community Development to prevent, prepare for, and respond to the COVID-19 pandemic. These CARES Act funds would be used to address the impacts of the COVID-19 pandemic on persons of low and moderate income. Reference: Comm. 13 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) First Reading: December 23, 2020 Motion to Approve: Mr. Kānealiʻi-Kleinfelder moved to pass Bill 2 on second and final reading. Seconded by Mr. Richards. CHR. DAVID: Go ahead, Mr. Kānealiʻi-Kleinfelder. MR. KANEALIʻI-KLEINFELDER: Thank you very much, Chair. It’s pretty self-explanatory. This is a little more than a million dollars to be used by th June 30, 2025, for some very good programs to help our community. So, I think this is something we should all support. Mahalo for your time. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor please say “aye.” Vote on Bill 2: The motion to pass Bill 2 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Richards, Villegas, and Chair David – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. Page 10 Hawai‘i County Council-3 January 6, 2021 Bill 3: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Appropriates revenues in the Federal Grants – Workforce Innovation and Opportunity Act (WIOA) account ($39,000); and appropriates the same to the WIOA – Youth Program 2018-19 account. Funds would be used by the Office of Housing and Community Development to provide training and to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 14 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) First Reading: December 23, 2020 Motion to Approve: Mr. Kānealiʻi-Kleinfelder moved to pass Bill 3 on second and final reading. Seconded by Mr. Inaba. CHR. DAVID: Mr. Kānealiʻi-Kleinfelder. MR. KANEALIʻI-KLEINFELDER: Again, this bill has been through the Committee, and I believe we had a good discussion last time with Susan Kunz. This is to provide youth with skill service training, and I think this is great for our community again. CHR. DAVID: Mahalo, Mr. Kānealiʻi-Kleinfelder. All those in favor, please say “aye.” Vote on Bill 3: The motion to pass Bill 3 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Richards, Villegas, and Chair David – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. Page 11 Hawai‘i County Council-3 January 6, 2021 Bill 4: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAIʻI FOR THE FISCAL YEAR ENDING JUNE 30, 2021 Appropriates revenues in the Federal Grants – Workforce Innovation and Opportunity Act (WIOA) account ($54,923); and appropriates the same to the WIOA – Adult Program 2020-21 ($7,398) and WIOA – Youth Program 2020-21 ($47,525) accounts. Funds would be used by the Office of Housing and Community Development to provide training and to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 15 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) First Reading: December 23, 2020 Motion to Approve: Mr. Kānealiʻi-Kleinfelder moved to pass Bill 4 on second and final reading. Seconded by Mr. Richards. CHR. DAVID: Mr. Kānealiʻi-Kleinfelder. MR. KANEALIʻI-KLEINFELDER: We had a fairly robust discussion about this last time. Again, it grants $54,000 for training, and how could we say no. CHR. DAVID: All right. Anyone else? Seeing none, all those in favor please say “aye.” Vote on Bill 4: The motion to pass Bill 4 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Richards, Villegas, and Chair David – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (There were none.) REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: (There were none.) Page 12 Hawai‘i County Council-3 January 6, 2021 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. DAVID: Mr. Clerk, before we—do we recess until the 11:00 Committee that we recessed yesterday or we just adjourn? MR. HENRICKS: You can adjourn this meeting and then Mr. Richards will make a brief announcement about reconvening his Committee at 11:00. CHR. DAVID: Okay. So, would he make it now before we adjourn? MR. HENRICKS: Sure, he can do that now. CHR. DAVID: Good. Mr. Richards, go ahead. MR. RICHARDS: Thank you, Chair. Just a reminder to Council Members that we are reconvening Regenerative, Agriculture, Water, Energy and Environmental Management at 11 a.m. to take up the unfinished agenda from yesterday. Thank you, Chair. CHR. DAVID: Mahalo, Mr. Richards. On that note, may I have a motion to adjourn, please? ADJOURN-There being no further business, at 9:30 a.m., Mr. Inaba moved to adjourn the MENT: meeting. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Richards, Villegas, and Chair David – 8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. Page 13 Hawai`i County Council-3 January 6,2021 CHR. DAVID: Mahalo, Council Members. Council Approval: FEB 0 3 2021 .--41110L COUNTY" _ :_ JH/dg Page 14