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HomeMy WebLinkAboutAGE COUNCIL 2021-02-03 2020-2022 ACTIONS MAILE MEDEIROS DAVID HOLEKA GORO INABA Chair & Presiding Officer MATT KĀNEALIʻI-KLEINFELDER ASHLEY L. KIERKIEWICZ AARON S. Y. CHUNG HEATHER L. KIMBALL Vice Chair SUSAN L. K. LEE LOY HERBERT M. “TIM” RICHARDS, III REBECCA VILLEGAS COUNTY COUNCIL County of Hawai‘i Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i 96720 th 5 Session ORDER OF BUSINESS Hawai‘i County Building 25 Aupuni Street Hilo, Hawai‘i February 3, 2021 9:00 a.m. Pursuant to Governor Ige’s most recent proclamation, in order to minimize physical contact and maximize social distancing, this meeting will not be open to the public. Oral Public Testimony: The public may provide oral testimony via Zoom. To register to testify, please email jean.muramoto@hawaiicounty.gov or call (808) 961-8255 no later than 12:00 noon on Tuesday, February 2, 2021. Written Testimony: The Council encourages the public to submit thoughts, comments, and input via written testimony. To ensure timely delivery to Council Members prior to the meeting, written testimony must be submitted before 12:00 noon on the business day prior to the meeting by: (1) email to counciltestimony@hawaiicounty.gov, (2) facsimile to (808) 961-8912; or (3) mail to the County Clerk’s Office in Hilo at 25 Aupuni Street, Hilo, Hawai‘i, 96720. All written testimony, regardless of time of receipt, will be made a part of the permanent record. Please submit separate testimony for each item. Live stream of County Council Meetings: Council meetings are available for live viewing. Click on Council Meetings on the County’s homepage at http://www.hawaiicounty.gov. Hawai‘i County is an Equal Opportunity Provider and Employer Hawai‘i County Council-5 February 3, 2021 INVOCATION Reverend Daido Baba of Honpa Hongwanji Hilo Betsuin CALL TO ORDER 9:04 a.m. ROLL CALL PLEDGE OF ALLEGIANCE PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (NOTE: COUNCIL MAY TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR) APPROVAL OF MINUTES December 23, 2020 APPROVED: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 8. Noes: None. Absent: Council Member Kānealiʻi-Kleinfelder – 1. Excused: None. January 6, 2021 APPROVED: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 8. Noes: None. Absent: Council Member Kānealiʻi-Kleinfelder – 1. Excused: None. COMMUNICATIONS Comm. 53.4: REPORT OF ATTENDANCE OF COUNCIL MEMBERS KIERKIEWICZ, KIMBALL, AND LEE LOY AT THE VIBRANT HAWAI‘I CEDS ACTION PLAN MEETING HELD VIA VIDEOCONFERENCING ON JANUARY 14, 2021, PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 92-2.5(e) From Council Member Heather Kimball, dated January 20, 2021. (Vote on Comm. 53.4 is on the next page.) Page 2 Hawai‘i County Council-5 February 3, 2021 FILED: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 8. Noes: None. Absent: Council Member Kānealiʻi-Kleinfelder – 1. Excused: None. ORDER OF RESOLUTIONS Res. 29-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO A RIGHT-OF-ENTRY AGREEMENT WITH THE UNIVERSITY OF HAWAI‘I, PURSUANT TO HAWAIʻI REVISED STATUTES SECTION 46-7, TO ACCESS CERTAIN STATE LANDS WITHIN THE COUNTY OF HAWAI‘I The agreement would allow the County to enter onto State property, identified as Tax Map Keys 2-4-056:17 and 2-4-001:167, to repair damages to existing drainage facilities that were sustained during heavy flooding and other natural disasters. Reference: Comm. 55 Intr. by: Ms. Lee Loy (B/R) Approve: PWMTC-2 AMENDED TO DRAFT 2 AND ADOPTED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Res. 30-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO A RIGHT-OF-ENTRY AGREEMENT WITH THE STATE OF HAWAI‘I DEPARTMENT OF LAND AND NATURAL RESOURCES, PURSUANT TO HAWAIʻI REVISED STATUTES SECTION 46-7, TO ACCESS CERTAIN STATE LANDS WITHIN THE COUNTY OF HAWAI‘I The agreement would allow the County to enter onto State property, identified as Tax Map Key 2-2-029:001, to repair damages to existing drainage facilities that were sustained during heavy flooding and other natural disasters. Reference: Comm. 56 Intr. by: Ms. Lee Loy (B/R) Approve: PWMTC-3 (Vote on Res. 30-21 is on the next page.) Page 3 Hawai‘i County Council-5 February 3, 2021 ADOPTED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Res. 31-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI-FUNCTION COPY MACHINE FOR THE OFFICE OF THE PROSECUTING ATTORNEY Authorizes the Mayor to enter into a five-year lease agreement, with an approximate monthly cost of $750. Reference: Comm. 58 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Approve: FC-12 ADOPTED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Res. 36-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO WAIMEA OUTDOOR CIRCLE FOR GENERAL MAINTENANCE OF THE ULU LA‘AU WAIMEA NATURE PARK Transfers $3,800 from the Clerk-Council Services – Contingency Relief account (Council District 9); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 91 Intr. by: Mr. Richards (Vote on Res. 36-21 is on the next page.) Page 4 Hawai‘i County Council-5 February 3, 2021 ADOPTED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Res. 37-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, PURSUANT TO HAWAI‘I REVISED STATUTES SECTION 46-7, FOR A WORKFORCE INNOVATION AND OPPORTUNITY ACT GRANT Funds would be used to assist dislocated workers by providing disaster relief and humanitarian assistance employment in Hawai‘i County. Reference: Comm. 92 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Waived: FC ADOPTED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Res. 38-21: CREATES ONE NEW PLANNER V POSITION FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT The position would assist with identifying areas of growth and development and laying out master plans for sewer collection systems, wastewater treatment plants, and solid waste facilities within Hawai‘i County. Reference: Comm. 101 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Waived: FC ADOPTED: Ayes: Council Members Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 8. Noes: Council Member Chung – 1. Absent: None. Excused: None. Page 5 Hawai‘i County Council-5 February 3, 2021 Res. 39-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AGREEMENTS WITH THE UNITED STATES DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION Allows for the receipt of $2,251,163 of Federally-derived funds, which would be used towards a Puna Wastewater Statement to conduct a comprehensive Programmatic Environmental Impact Study, and for a North Kona Sewage Pump Station and Force Main Project. Reference: Comm. 102 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Waived: FC ADOPTED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. BILLS FOR ORDINANCES (FIRST READING) Bill 13: AMENDS ORDINANCE NO. 20-44, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2020 TO JUNE 30, 2021 Reappropriates lapsed fuel tax funds from past fiscal years by establishing the following program appropriation to the Capital Budget: Kawailani/Pōhakulani/Ainaola and Kawailani/ʻIwalani Traffic Signals Engineering Project ($10,546.40). Reference: Comm. 59 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Approve: FC-13 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter ST PASSED 1 READING: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Page 6 Hawai‘i County Council-5 February 3, 2021 Bill 14: AMENDS ORDINANCE NO. 20-44, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2020 TO JUNE 30, 2021 Appropriates the seventh increment of the fuel tax revenues established by Resolution No. 504-08 to the following programs: Roadway Projects - Engineering ($1.7 million); Bridge Inspection, Repair and Replacement Program - Engineering ($1.2 million); and Local Road Improvements - Highways ($2.9 million). Reference: Comm. 60 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Approve: FC-14 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter ST PASSED 1 READING: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Bill 15: AMENDS ORDINANCE NO. 20-44, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2020 TO JUNE 30, 2021 Appropriates excess fuel tax revenues collected pursuant to Ordinance 19-7 to the following programs: Roadway Projects ($27,420.13); Bridge Inspection/Repair ($18,280.08); and Local Road Projects ($45,700.21). Reference: Comm. 61 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Approve: FC-15 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter ST PASSED 1 READING: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Page 7 Hawai‘i County Council-5 February 3, 2021 Bill 19: 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 following Federal – Workforce Innovation and Opportunity Act (WIOA) Disaster Recovery Dislocated Worker Grant (DWG) accounts: Employment ($67,000) and Education/Training ($427,500); and appropriates the same to the following WIOA Disaster Recovery DWG accounts: Employment Administration/Planning ($6,700), Employment ($60,300), Education/Training Administration/Planning ($42,750), and Education/Training ($384,750). Funds would be used to assist dislocated workers by providing disaster relief and humanitarian assistance employment in Hawai‘i County. Reference: Comm. 92 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Waived: FC ST AMENDED TO DRAFT 2 AND PASSED 1 READING: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. ; and Comm. 92.1: From Finance Director Deanna Sako, dated January 22, 2021, transmitting proposed amendments to Bill 19. Bill 20: 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 – Economic Development Administration (EDA) Economic Adjustment Assistance Disaster Recovery Program account ($2,251,163); and appropriates the same to the EDA Economic Adjustment Assistance Disaster Recovery Program account. Funds would be used towards a Puna Wastewater Statement to conduct a comprehensive Programmatic Environmental Impact Study, and for a North Kona Sewage Pump Station and Force Main Project. Reference: Comm. 102 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) Waived: FC (Vote on Bill 20 is on the next page.) Page 8 Hawai‘i County Council-5 February 3, 2021 ST PASSED 1 READING: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. ORDER OF THE DAY (SECOND OR FINAL READING) Bill 6: AMENDS ORDINANCE NO. 10-32 WHICH RECLASSIFIED LANDS BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL – 1,000 SQUARE FEET (RS-7.5) AND MULTIPLE-FAMILY RESIDENTIAL – 1,000 SQUARE FEET (RM-1) TO MULTIPLE-FAMILY ST RESIDENTIAL – 1,500 SQUARE FEET (RM-1.5) AT KŪKŪAU 1, SOUTH HILO, HAWAIʻI, COVERED BY TAX MAP KEYS: 2-4-025:048, 053 AND 080 (Applicant: Ikaika Ohana; formerly Giampaolo “Paul” Boschetti) (Area: 5.5 Acres) The Windward Planning Commission forwards its favorable recommendation for this amendment, which would allow revisions or time extensions to five conditions to the existing change of zone ordinance. The new applicant proposes to build a 64-unit affordable housing development with a community center and garden, laundry facilities, and a 116-stall parking lot, to be located on Kapiolani Street across from the Police Department’s Hilo Headquarters. Reference: Comm. 18 Intr. by: Ms. Kierkiewicz (B/R) First Reading: January 20, 2021 POSTPONED TO FEBRUARY 17, 2021: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Page 9 Hawai‘i County Council-5 February 3, 2021 Bill 7: AMENDS ORDINANCE NO. 20-44, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2020 TO JUNE 30, 2021 Adds the Public Works Kalanianaʻole Avenue Reconstruction - Private project for $425,000 to the Capital Budget. Funds for this project shall be provided from Private Contributions. Reference: Comm. 22 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) First Reading: January 20, 2021 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter ND PASSED 2 AND FINAL READING: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Bill 8: AMENDS ORDINANCE NO. 20-44, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2020 TO JUNE 30, 2021 Adds the Public Works Kalanianaʻole Avenue Reconstruction project for $10 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. 23 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) First Reading: January 20, 2021 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawai‘i County Charter ND PASSED 2 AND FINAL READING: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Page 10 Hawai‘i County Council-5 February 3, 2021 Bill 9: 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 following Federal – Foster Youth to Independence Initiative Voucher accounts: Voucher ($175,000) and Administration ($25,000); and appropriates the same to the following Foster Youth to Independence Initiative Voucher accounts: Voucher ($175,000) and Administration ($25,000). Funds would be used to provide housing assistance to young adults at risk of experiencing homelessness. Reference: Comm. 24 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) First Reading: January 20, 2021 ND PASSED 2 AND FINAL READING: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Bill 16: 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 – Assistance to Firefighters Grant (AFG) 2020 COVID-19 Supplemental Grant account ($345,373.33); and appropriates the same to the AFG 2020 COVID-19 Supplemental Grant account. Funds would be used to purchase personal protective equipment for the Hawai‘i Fire Department in response to the COVID-19 pandemic. Reference: Comm. 63 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) First Reading: January 20, 2021 ND PASSED 2 AND FINAL READING: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Page 11 Hawai‘i County Council-5 February 3, 2021 Bill 17: 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 – Emergency Rental Assistance Program COVID-19 account ($30 million); and appropriates the same to the Emergency Rental Assistance COVID-19 accounts: Program ($27 million) and Administration ($3 million). Funds would be used to pay rent, utilities, and other housing expenses for eligible households impacted by the COVID-19 pandemic. Reference: Comm. 83 Intr. by: Mr. Kānealiʻi-Kleinfelder (B/R) First Reading: January 20, 2021 ND PASSED 2 AND FINAL READING: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. REPORTS FC-9 NOMINATION OF LISA ANNE KAMUELA MEHEULA TO THE PUBLIC (Comm. 70): ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION Requires Council Confirmation by: February 6, 2021 (Section 2-215(k), Hawaiʻi County Code) CONFIRMED: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 8. Noes: None. Absent: Council Member Kānealiʻi-Kleinfelder – 1. Excused: None. Page 12 Hawai‘i County Council-5 February 3, 2021 FC-10 NOMINATION OF GAY MATHEWS TO THE MERIT APPEALS BOARD (Comm. 76): Requires Council Confirmation by: February 19, 2021 (Section 13-4(k), Hawaiʻi County Charter) CONFIRMED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. ; and Comm. 76.1: From Executive Assistant to the Mayor Pomaika‘i Bartolome, dated January 22, 2021, correcting the term ending date of Gay Mathews’ nomination to December 31, 2024. FC-11 NOMINATION OF GABRIELLA CABANAS TO THE MERIT APPEALS (Comm. 77): BOARD Requires Council Confirmation by: February 12, 2021 (Section 13-4(k), Hawaiʻi County Charter) CONFIRMED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. PC-2 APPOINTMENT OF ZENDO KERN AS PLANNING DIRECTOR (Comm. 44): Negative Recommendation: Due to a vote of 4-ayes, 5-noes Requires Council Confirmation by: February 5, 2021 (Section 13-8, Hawaiʻi County Charter) (Vote on PC-2 is on the next page.) Page 13 Hawai‘i County Council-5 February 3, 2021 CONFIRMED: Ayes: Council Members Chung, Kierkiewicz, Kimball, Lee Loy, and Richards – 5. Noes: Council Members Inaba, Kānealiʻi-Kleinfelder, Villegas, and Chair David – 4. Absent: None. Excused: None. PC-3 NOMINATION OF RICHARD HENDERSON II TO THE BOARD OF (Comm. 71): APPEALS Requires Council Confirmation by: February 12, 2021 (Section 13-4(k), Hawaiʻi County Charter) CONFIRMED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, and Chair David – 8. Noes: None. Absent: Council Member Villegas – 1. Excused: None. PC-4 NOMINATION OF DENNIS LIN TO THE WINDWARD PLANNING (Comm. 78): COMMISSION Requires Council Confirmation by: February 12, 2021 (Section 13-4(k), Hawaiʻi County Charter) CONFIRMED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, and Chair David – 8. Noes: None. Absent: Council Member Villegas – 1. Excused: None. ; and Comm. 78.2: From Executive Assistant to the Mayor Pomaika‘i Bartolome, dated January 22, 2021, noting the term ending date of Dennis Lin’s nomination to be December 31, 2024. Page 14 Hawai‘i County Council-5 February 3, 2021 PC-5 NOMINATION OF MICHELLE GALIMBA TO THE WINDWARD (Comm. 79): PLANNING COMMISSION Requires Council Confirmation by: February 19, 2021 (Section 13-4(k), Hawaiʻi County Charter) CONFIRMED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. PC-6 NOMINATION OF MARK TRAVALINO TO THE LEEWARD PLANNING (Comm. 80): COMMISSION Negative Recommendation: Due to a vote of 4-ayes, 5-noes Requires Council Confirmation by: February 19, 2021 (Section 13-4(k), Hawaiʻi County Charter) FAILED: Ayes: Council Members Chung, Kierkiewicz, Lee Loy, and Richards – 4. Noes: Council Members Inaba, Kānealiʻi-Kleinfelder, Kimball, Villegas, and Chair David – 5. Absent: None. Excused: None. PRPSC-2 NOMINATION OF DOUG ESPEJO TO THE LIQUOR COMMISSION (Comm. 64): Requires Council Confirmation by: February 6, 2021 (Section 13-4(k), Hawaiʻi County Charter) (Vote on PRPSC-2 is on the next page.) Page 15 Hawai‘i County Council-5 February 3, 2021 CONFIRMED: Ayes: Council Members Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. PRPSC-3 NOMINATION OF RILEY SMITH TO THE LIQUOR COMMISSION (Comm. 65): Requires Council Confirmation by: February 6, 2021 (Section 13-4(k), Hawaiʻi County Charter) CONFIRMED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. PRPSC-4 NOMINATION OF SIDNEY FUKE TO THE LIQUOR CONTROL (Comm. 66): ADJUDICATION BOARD Requires Council Confirmation by: February 6, 2021 (Section 13-4(k), Hawaiʻi County Charter) CONFIRMED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. PRPSC-5 NOMINATION OF HOWARD KELLY TO THE LIQUOR CONTROL (Comm. 67): ADJUDICATION BOARD Requires Council Confirmation by: February 6, 2021 (Section 13-4(k), Hawaiʻi County Charter) (Vote on PRPSC-5 is on the next page.) Page 16 Hawai‘i County Council-5 February 3, 2021 CONFIRMED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. PRPSC-6 NOMINATION OF GEORGE R. ROBINSON TO THE POLICE COMMISSION (Comm. 68): Requires Council Confirmation by: February 6, 2021 (Section 13-4(k), Hawaiʻi County Charter) CONFIRMED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. PRPSC-7 REAPPOINTMENT OF JON BERTSCH TO THE POLICE COMMISSION (Comm. 72): Requires Council Confirmation by: February 12, 2021 (Section 13-4(k), Hawaiʻi County Charter) CONFIRMED: Ayes: Council Members Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. PRPSC-8 REAPPOINTMENT OF MARIA SHON MAGSALIN TO THE FIRE (Comm. 73): COMMISSION Requires Council Confirmation by: February 12, 2021 (Section 13-4(k), Hawaiʻi County Charter) (Vote on PRPSC-8 is on the next page.) Page 17 Hawai‘i County Council-5 February 3, 2021 CONFIRMED: Ayes: Council Members Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. PRPSC-9 NOMINATION OF GENE NAKASHIMA TO THE FIRE COMMISSION (Comm. 74): Requires Council Confirmation by: February 12, 2021 (Section 13-4(k), Hawaiʻi County Charter) CONFIRMED: Ayes: Council Members Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. PRPSC-10 NOMINATION OF JOHN HIDUCHICK-NAKAYAMA TO THE VETERAN’S (Comm. 75): ADVISORY COMMITTEE CONFIRMED: Ayes: Council Members Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. PRPSC-11 REAPPOINTMENT OF GEORGE SHERIDAN TO THE VETERAN’S (Comm. 82): ADVISORY COMMITTEE CONFIRMED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. Page 18 Hawai‘i County Council-5 February 3, 2021 RAWEEMC-2 NOMINATION OF BRIAN LEY TO THE GAME MANAGEMENT (Comm. 69): ADVISORY COMMISSION Requires Council Confirmation by: February 6, 2021 (Section 13-4(k), Hawaiʻi County Charter) CONFIRMED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. RAWEEMC-3 NOMINATION OF STEVEN A. HIRAKAMI TO THE WATER BOARD (Comm. 81): Requires Council Confirmation by: February 19, 2021 (Section 13-4(k), Hawaiʻi County Charter) CONFIRMED: Ayes: Council Members Chung, Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 9. Noes: None. Absent: None. Excused: None. REFERRALS FOR EXECUTIVE SESSION Comm. 90: CHANG Y. AIONA, V, V. COUNTY OF HAWAI‘I; JOHN A. MEDEIROS, INDIVIDUALLY AND OFFICIAL CAPACITY; CIVIL NO. 16-1-0342K From Deputy Corporation Counsel Lerisa L. Heroldt, dated January 8, 2021, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including a discussion regarding a litigation filed by Ted H. S. Hong, Esq., on behalf of his client, Chang Y. Aiona, V. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL: Ayes: Council Members Inaba, Kānealiʻi-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David – 8. Noes: None. Absent: Council Member Chung – 1. Excused: None. Page 19 Hawai‘i County Council-5 February 3, 2021 The Council anticipates convening an executive meeting regarding the above matter, pursuant to Section 92-5(a)(4), for the purpose of consulting with Council’s attorney on questions and issues pertaining to the Council’s powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to Hawaiʻi Revised Statutes, Section 92-4, and Rule Nos. 2 and 10 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. OTHER BUSINESS (Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT: 3:45 p.m. Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation “By Request” on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. If you need an auxiliary aid/service or other accommodation due to a disability, call 961-8255 as soon as possible, preferably by February 1, 2021. If a response is received after February 1, 2021, we will try to obtain the auxiliary aid/service or accommodation, but we cannot guarantee that the request will be fulfilled. Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy. Council Members will also be present at the Kona Council Chambers, West Hawai‘i Civic Center, 74-5044 Ane Keohokālole Highway, Building A. The full text of the agendas is made available on the County website at www.hawaiicounty.gov. Click on Council Records to navigate to current agendas. For copies of the agenda(s) or questions, please contact Council Services at 961-8255. Submitting Video Testimony: Those submitting video testimony may email a complete web address (url) to videotestimony@hawaiicounty.gov before 12:00 noon on the business day prior to the meeting. The email shall indicate the appropriate Committee or Council meeting, the meeting date, agenda item (communication, bill, resolution, or report number), and number of testifiers on the video submittal. Each video submittal shall be limited to a single agenda item. Video submittals may contain up to three individual testifiers and shall each be up to three minutes in length. Video testimony will not be played during the meeting; however, it will be distributed to Council Members prior to the meeting. The Office of the County Clerk reserves the right to refuse testimony containing inappropriate content or that is not in compliance with Council Rule 13 (Public Statements and Testimony). Page 20