HomeMy WebLinkAboutMIN COUNCIL 2021-03-17 2020-2022 Hawaii County Council
Stn Session
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
March 17, 2021
INVOCATION: Pastor Brian Keiser of Lutheran Church of the Holy Trinity gave the afternoon's
invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 1:00 p.m., in the Council Chambers, Kailua-Kona, by Mr. Aaron S. Y. Chung,
Acting Chair.
ROLL CALL:
Present: Mr. Aaron S. Y. Chung, Vice Chair
Mr. Holeka Goro Inaba, Member
Mr. Matt Kaneali`i-Kleinfelder, Member (via videoconference from Hilo)
(came in later)
Ms. Ashley L. Kierkiewicz, Member(via videoconference from Hilo)
Ms. Heather L. Kimball, Member(via videoconference from Hilo)
Ms. Susan L. K. Lee Loy, Member (via videoconference from Hilo)
Mr. Herbert M. "Tim" Richards, III, Member(via videoconference from Hilo)
Ms. Rebecca Villegas, Member
Absent& Excused: Ms. Maile Medeiros David, Chair
PLEDGE OF The Acting Chair directed the Council to the next order of business, Pledge of
ALLEGIANCE: Allegiance.
(At this time, Mr. Inaba led the Council in the Pledge of
Allegiance.)
PETITIONS, The Acting Chair directed the Council to proceed to the next order of business,
MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence.
CERTIFICATES
OF MERIT, AND (There were none.)
EXPRESSIONS OF
CONDOLENCE: ACTING CHR. CHUNG: Is Senator Schatz on yet?
MS. AIELLO: Mr. Chairman, no. I've been informed he'll be in like in one
minute. His staff is on, though.
Hawaii County Council-8 March 17,2021
ACTING CHR. CHUNG: One minute. Okay, well, let me just read this. In a
continued effort to prevent the potential spread of the coronavirus and in
accordance with the Governor's most recent emergency proclamation, we will
receive oral testimony for this meeting by having our testifiers patch into this
meeting using teleconferencing.
What we're going to do is we're going to hold off on public testimony right now.
And I believe that our staff has informed those testifiers who have signed up that
they will be probably coming on in about half an hour because we have a very
special presentation this afternoon that was arranged by Ms. Kierkiewicz. And
we really do appreciate that, Ms. Kierkiewicz. Just let me know. We'll just wait
here.
MR. HENRICKS: Mr. Chair, if we could just read the communication into the
record, get a motion on the floor. That will take a little time; get us there, and that
will keep us in the proceedings.
ACTING CHR. CHUNG: Sure.
Change Order As directed by the Acting Chair and with no objection from the Council
of Business: Members, the following item was taken out of order:
Comm. 171: REQUESTS AN UPDATE FROM SENATOR BRIAN SCHATZ ON THE
$1.9 TRILLION CORONAVIRUS RELIEF PACKAGE RECENTLY PASSED
BY CONGRESS
From Council Member Ashley L. Kierkiewicz, dated March 10, 2021.
Waived: GOREDC
Motion to Close Ms. Kierkiewicz moved to close file on Comm. 171.
File: Seconded by Ms. Lee Loy.
ACTING CHR. CHUNG: As soon as Senator Schatz and his staff patches in via
Zoom, we're going to allow Ms. Kierkiewicz, who again was the one who
arranged this presentation, to just go right in because I think, what do we have,
like, 25 minutes with him?
MS. KIERKIEWICZ: Yes. Approximately.
ACTING CHR. CHUNG: Okay. So,just let me know when he's there.
MS. KIERKIEWICZ: I've been informed that he's joining momentarily.
ACTING CHR. CHUNG: Okay.
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Hawaii County Council-8 March 17,2021
MS. KIERKIEWICZ: Chair Chung, he's in the waiting room and will be entered
in.
ACTING CHR. CHUNG: Let me know when he's in.
(Note: At this time, Senator Brian Schatz and members of his staff
(Mika Morse and Meghan O'Toole) came forward to address the members
of the Council, via videoconferencing.)
MS. KIERKIEWICZ: He's arrived.
ACTING CHR. CHUNG: Okay. So, we have Senator Schatz and his staff
participating via Zoom, I believe. Thank you so much, Senator. It really is an
honor and a pleasure to have you. Ms. Kierkiewicz somehow managed to get you
to appear before us, so I'm going to let her take the lead in this, if you don't mind.
Ashley, go ahead.
MS. KIERKIEWICZ: Thank you, Chair Chung. Aloha, Senator. Great to see
you. Thank you so much for taking the time to connect with us. I know it is past
dinner hour in (Washington) D.C. (District of Columbia), so very mindful of your
precious time with us. Just want to start by congratulating you on your
appointment to the Committee on Indian Affairs and the Subcommittee on
Transportation, Housing and Urban Development. I feel you are well positioned
to be helping Hawaii advance on its goals to be thriving and vibrant and
sustainable.
Just for my colleagues' information, I really hope to tee up this conversation so
that we have insight as a County on how to best position Federal support and
deliver results because we, as a County, are the frontline response. But before I
launch into questions, Senator, I just wanted to ask how are you. How's your
family, and what's the mood like in Washington?
SENATOR SCHATZ: Everything is better. We're still in a very difficult
position as a State and as a country, but there's hope on the horizon. I am thrilled
with how the vaccine is performing. I am pretty satisfied with the way that we're
doing vaccine distribution in the State of Hawaii. My judgement is that we've
kind of done the easy part where we've gotten people who are enthusiastic about
getting the vaccine, and that in the next couple of months we're all going to have
to collectively make sure that we reach out physically and through social media
and using whatever platforms we may have to really reinforce with our extended
families that this vaccine is going to save your life. It's going to allow you to
interact with family members in a way that is the most meaningful, and it's going
to give us our economy back.
So, I am mostly hopeful but I am also very aware that people are still going
through a very dark period. I just had a Zoom with 120 Hawaii restaurant
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owners, and they're just having a really challenging time; and talking through the
restaurants grants program, which is new, and the PPP (Paycheck Protection
Program)program which they continue to participate in. So, there's hope on the
horizon. There is help on the way, and some of those already arrived. But we've
still got some work to do, collectively.
MS. KIERKIEWICZ: Thank you, Senator. The American Rescue Plan really
befits the challenges and impacts we're facing from this global pandemic. I was
able to read through some of the key provisions, and what it really does is it clears
a pathway for recovery. And what I appreciate this time around is there's flexible
resources available to cities and counties. So, could you provide us an overview
of what is in this plan? Highlight what is important and of interest to Hawaii. I
was reading through some of the key provisions and saw a number of mentions
for Native Hawaiians. So, if you could explain to us what those allocations are
for.
SENATOR SCHATZ: Sure. On the government side, let me just touch upon.
Between all of the various programs that service Native Hawaiians in healthcare,
in housing, for broadband, for native language, the total dollar amount is
$215 million in dedicated Native Hawaiian funding. And for you on the Council,
you're probably aware that you will receive $39 million directly from the
Treasury. That was sort of, I think, a course correction from the CARES
(Coronavirus Aid, Relief, and Economic Security)Act even though our Governor
and Legislature saw fit to take the money that was allocated to the State and
distribute it to the neighbor island counties. It was within their discretion not to
do so, and that didn't sit well with other mayors and county councils across the
country.
And so, there's much more direct relief going to all of the counties. And the State
of Hawaii gets $1.645 billion, all of which is allowed to be used to fill their
budget hole. So, there should be no need for furloughs or layoffs or even any
draconian cuts in services; 1.645 is, in my view, more than enough to cover the
biennium budget hole. And my own judgement is that the Council on Revenues
is likely to continue to revise upward revenue estimates. And so, we're still going
through a lot of pain, but there is light at the end of the tunnel.
MS. KIERKIEWICZ: Thank you. And I wanted to call out a specific question
from Council Member Chung, one of his constituents, Becky Marshall. She's
with University of Hawaii. "I noticed in the bill that there was funding available
to institutions of higher education. Folks are worried about programs being on the
chopping block. Is there relief on the way for UH Hilo (University of Hawaii at
Hilo)?"
SENATOR SCHATZ: Yes. And I think systemwide, and I have a couple of my
experts on this Zoom call. I'm not sure if Meghan or Mika is most likely to know
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Hawaii County Council-8 March 17,2021
this. If I remember correctly, there's $137 million for the UH (University of
Hawaii) system, but I don't know the specific number for UH Hilo. Does my
staff know it off the top of their head or from their notes?
MS. MORSE: Senator, no, not off the top of our heads, though I think we should
be able to get that information and so we can share that.
MS. KIERKIEWICZ: Thank you so much. Senator
SENATOR SCHATZ: But I think—Council Member,just toI had an informal
conversation with President Lassner, and he indicated that he thought it wasI
mean, I don't want to make representations but my instinct is that he felt that it
was sufficient to avoid, again, draconian cuts. And to the extent that DOE
(Department of Education) also gets $390 million,the UH gets 130-odd million
and that's on top of the 1.645 billion that the State government gets. And so, the
extent that the State's Treasury is really just one treasury with various obligations.
All of those pots of money relieve the overall fiscal pressure. And I'm hopeful
that we can avoid cuts in services when, in fact, during a pandemic is when you
need services the most.
MS. KIERKIEWICZ: Thank you. That's a relief to know so much money is on
the way. I think when we spoke last year, I had asked about local governments
getting money directly. So, thank you for helping make that happen because we
are coordinating the on-the-ground response. So, are you able to tell us when
Hawaii County can expect to receive fiscal relief? My reading of the bill is
we're getting half within the next 60 days and the other half in about a year. Can
you talk about the timing as well?
SENATOR SCHATZ: I think that's right but I have Mika Morse, my legislative
director, on the call who can confirm that.
MS. MORSE: Yeah, that's correct.
MS. KIERKIEWICZ: Great. Thank you. I notice that the ARP (American
Rescue Plan Act of 2021)provides flexibility in funds to be used for
infrastructure, roads, bridges, water systems, sewer, public transport—even
broadband, which is virtually non-existent in many areas of Puna and Ka`u, which
really was exacerbated during the pandemic because many families were having
to work remotely and help their kids with virtual learning. I notice 160 million is
directed to the State for critical capital projects, and I'm wondering if there's a
metric or a guideline to ensure that funds are equitably distributed across the
counties.
SENATOR SCHATZ: I guess this is the good news and the bad news. A lot of
times the Federal government and the Federal Legislature can be a little overly
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Hawaii County Council-8 March 17,2021
prescriptive. In this instance, they basically give no particular parameters on how
this $160 million will be spent. But your point is well taken to make sure that it
doesn't all get spent on Oahu and that it's spent in an equitable fashion and in
according to the needs. And I know Big Island infrastructure needs are many.
But right now, we were actually—we were not involved in the writing of that
provision. We were surprised at how flexible it is. In fact, maybe "flexible" is a
euphemism for "unclear." So, we're going to work with the Governor and the
Legislature to help them to develop a plan that's consistent with the legislative
intent and make sure that everybody benefits.
MS. KIERKIEWICZ: Thank you. And if any Federal pressure can be applied, I
do want to make the case for our County having half the land mass of the State.
And so, investments are critical because it just costs more to do things because we
have a bigger island.
Switching gears to immediate relief. It's been announced that individuals earning
less than 75,000 are going to be getting another stimulus check. So, folks are
really excited about that being on the way. Can you discuss the mechanics of
distribution: when, how, priority of arrival, and if another payment is in the
works for this year?
SENATOR SCHATZ: Yeah, so,people are actually getting money hitting their
bank accounts this week. Some people get a debit card or the equivalent of a
debit card and some people get checks, which take longer to arrive. But if you
have that electronic transfer relationship with Treasury as a result of the previous
CARES Act or the way you deal with the IRS (Internal Revenue Service), then
money should be hitting bank accounts relatively shortly. My understanding is
several hundred billion dollars' worth of payments have already gone out, which
means about half the money has already hit bank accounts.
MS. KIERKIEWICZ: That's great news. I know a lot of folks are relying on that
for rent and food and other things. So, thank you.
SENATOR SCHATZ: Because I know people do watch this on the stream, my
father-in-law got that debit card voucher in the last round, and it wasn't clear to
me that it was legit(legitimate). And so, I just want to make sure that people
don't think it's some sort of scam. If it looks like it's from the Federal
government and it's from the Department of the Treasury and it's an envelope
with a little voucher, that's probably what that is. You still want to vet it, but also
don't throw it away thinking it's a scam.
MS. KIERKIEWICZ: Okay. Good to know. So, folks can either get a check in
the mail, debit card, or direct deposit.
SENATOR SCHATZ: But I sent it to my own office staff saying, "Is this real?"
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Hawaii County Council-8 March 17,2021
MS. KIERKIEWICZ: Thanks for checking. Employment benefits, which the
ARP really bolstered. Love that the benefits have been extended through
September and there's that extra$300 a week, which really helps a lot of families
here because cost of living is so much higher.
I did want to ask, given the surge in necessity of online transactions, do you
believe the State of Hawaii leverage CARES funds adequately to upgrade its IT
(Information Technology) infrastructure? There have been persistent technical
issues related to this so I'm just curious. Did they do everything they needed to
your satisfaction?
SENATOR SCHATZ: Well, I don't have direct line authority over any State
agency. And obviously, I thought that their start was inexcusably slow. I mean,
the fact that individual members of the State House of Representatives ended up
working the phones eight hours a day to actually process claims, it was really
admirable that they did that, that they set up the infrastructure in the convention
center, but that is no way to run a railroad. I mean, it shouldn't be on the Finance
Chair of the State House of Representatives to, like, go into the convention center
and be a department of labor employee. So, they had some systems problems that
were partly due to IT but also, in my view,partly due to some leadership
challenges.
On a going-forward basis, this bill has $1.8 billion, if I'm remembering correctly,
across the entire country available for IT upgrades because some of the problems
were organizational cultural leadership and those challenges. But some of it was
this stuff is programmed in this ancient language on this ancient mainframe, and
it's really hard to work in the modern world with this awful technological
infrastructure. We're not going to fix that in time before the pandemic is over
knock on wood.
IT upgrades, as you all know, take time to do in a responsible fashion, but I still
think it's a really important thing to do because we now understand that our
system is just not up to handling processing claims during an economic downturn.
And I can't promise you that that will be fixed by the time the pandemic is over
because if we all wear our masks and we all encourage vaccinations, I'm hoping
the pandemic will be over sometime sooner than later.
MS. KIERKIEWICZ: I do appreciate knowing, though, that there is funding
available for continuous IT upgrades. I did want to ask about the temporary
changes to Child Tax Credit and Earned Income Tax Credit. I know they're good
for 2021, but can you talk about what these changes mean for working families
and folks living on the edge, and is there any discussion about making these
changes permanent?
SENATOR SCHATZ: Yeah, so, this is something that a lot of people are very
proud of. It's a $3,000 Child Tax Credit, and lots of people have analyzed this
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and estimate that this will cut child poverty in half. I mean, any policy that can
cut American child poverty in half is worth pursuing. The challenge is it costs
hundreds of billions of dollars. And so, we approved it for the purpose of the
American Rescue Plan, but it's not a permanent provision of the Tax Code. And
so, it expires at the end of this year.
There are lots of tax provisions that expire at the end of every year, and we get
into this big kind of contentious negotiation over which provisions expire and
which ones we extend. And they all go into a pile, and then we pass what they
call an extender's package sometime in December. And now, this becomes one
of the things that we're going to fight for at the end of the year to try to make
permanent. It's a great start but it is not a permanent change in law and we'll
fight for it.
MS. KIERKIEWICZ: Senator, can you let us know what the payment schedule is
going to be like for the Child Tax Credit? Is it something that families can expect
monthly? If so, how?
SENATOR SCHATZ: Yeah, Treasury is going to—and this is really important.
We hope to make those payments monthly. What that'll mean is something just
under 300 bucks a month for people who have a child and who are under a certain
income threshold. So, yeah, and money monthly is much more helpful than a
one-time lump sum. Obviously, everybody has their own individual financial
needs, but generally speaking spacing these payments out helps families to escape
poverty and handle their monthly bills better.
MS. KIERKIEWICZ: Thank you. That's an incredibly generous lifeline. I do
want to ask about support for small business, which is really the heartbeat of our
local economy. Just really curious around everything regarding the Community
Navigator, the State Small Business Credit Initiative, and especially the $3 billion
available from EDA (Economic Development Administration). And my
understanding is 25 percent of that has been earmarked for governments that have
been impacted by loss of tourism and other outdoor recreation.
SENATOR SCHATZ: Yeah, so, on the last one, Hawaii should do well because
Hawaii, Alaska, and Nevada are the worst hit in terms of tourism taking a dive.
So, there's a special pot of money within the economic development agency
basically for states that have been really hammered by a loss in tourism. So,
that's No. 1.
On the small business support, we extended the PPP program, which is necessary
and, I think, kind of—people have their different views about whether it's useful
or not, but it's certainly been a lifeline not just for a lot of small businesses but for
their employees. There are a couple of new programs. One is a restaurant grant
program. And that will cover, essentially, all of your losses if you're a small
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restaurant for 2020. Between 2019 and 2020, you just subtract gross revenue
in '19 from gross revenue in '20, and whatever that delta is the grant program will
cover that.
Now, a couple of caveats. If you took PPP money, that still counts as income in
2020 for purposes of calculating the revenue loss. And 29 billion is a lot but it's
not a lot when you're talking about tens of thousands of restaurants across the
country. So, we do think that competition will be fierce, and it's going to be hard
to kind of access these funds at the first stage. But it's still a great program.
And the other thing that I think all of the Council Members and their staff and
everybody can help us to get the word out about is this shuttered venues grant
program. There was the growing recognition that it's gathering that is the most
hammered economically, right, because it's the one thing where the government
itself is prohibiting you from doing it. And if it's how you make your living, by
creating gatherings, then it's deeply unfair. And not just of restaurants, which
have alternatives, PPP, or take out or whatever, but your theaters and your small
venues where people perform. And this is the kind of thing that the Honolulu
Museum of Art and all the—Diamond Head Theater and all those folks, they're
very aware of it.
But I'm aware of a number of theaters in Volcano and in Hilo that are super
important to our community, and I just want to make sure that everybody is aware
of this program. It hasn't even been rolled out yet because we had a delay in
getting our small business administrator confirmed until I think it was yesterday.
And so, we'll be in touch about it. But if you could help to make sure that we're
not missing anybody who operates. It may be a very small operation with
$28,000 in annual revenue or 75 or whatever it may be, but that$28,000 may
determine whether this thing shuts down forever or not.
And the whole purpose of this, in my view, is to say, as public policy, that art is
important and worth investing in and we're not going to lose these generational
gems for want of$100,000 or $200,000. Like, this is important to us. And so, if
you can help us all to think about places where people perform, we can get you
the grant applications and get the word out.
MS. KIERKIEWICZ: Thank you, Senator. I know we all can think of different
spaces within our districts, so we would be happy to promote that information. I
do have about six questions left, and I know we maybe have about seven minutes
left together. A few questions around health. We've got mass vaccinations
happening across the State. Can you tell us about the schedule for getting more
vaccines to the island? What does that look like?
SENATOR SCHATZ: Yeah, I don't have super good fidelity on this, but we're
in a situation where increasingly we're going to go from a supply problem to a
demand problem. And we're still having a supply problem. That's still the rate
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limiting factor mostly across the State. But sometime in, I would guess, April,
maybe May, we're going to be in the business of, "Does anybody want a
vaccine?" And that's when we have to pivot, and we have to pivot really hard
because we can have this really encouraging trajectory on both vaccines going up
and hopefully case counts either stabilizing or going down.
But if there's a stubborn, say, 30 or 40 percent of our population who are hard to
reach or skeptical about the vaccine or they may lack transportation, whatever it
may be, if we're going to get to so-called "herd immunity,"we have to reach
those people. And we're a State that's done so well on keeping the COVID
(coronavirus disease) rate low, we don't have an underlying base of, say,
30 percent of the population that's had COVID. And so, our penetration with the
vaccine has to be even higher. We're not there yet but I would anticipate within
the month we're going to have a lot of vaccine available, especially with Johnson
& Johnson.
MS. KIERKIEWICZ: Yes, that's very exciting news. Thank you. I notice in the
ARP that there are funds available for mental health, substance abuse, suicide
prevention. Can you elaborate on that? How can folks who are struggling get
assistance?
SENATOR SCHATZ: I want to get back to you with specifics, but what I know
about what we did was just a kind of a recognition that this is awful. Right? This
is awful for everybody. Everybody's stressed. Everybody's balancing multiple
things. Everybody's not able to hug loved ones or see loved ones. And people
without a kind of core family unit areI mean, everybody's stressed and busy at
the same time as being bored and lonely. It's a terrible combination of things for
lots and lots of people. People who already had a kind of underlying mental
health condition and people who never thought of themselves as someone who
might want to avail themselves of mental health services.
So, one of the things I'm really proud about, and I'm sorry to go on so long, is
that on a bipartisan basis we've been able to push out a lot of money for mental
health services and to kind of work really hard to destigmatize the idea of
accessing mental health services. The idea that mental health is health: If you've
got a sore elbow, you go to the doctor. If you're feeling a little bit of anxiety, you
go to the doctor. There's no shame in that. And I think one of the things that we
have to do is not just make it available as a service but just make sure that
everybody feels comfortable that it's not a sign of weakness at all to just get a
little tune up.
MS. KIERKIEWICZ: Thank you. I'm glad there is bipartisan agreement on that.
The last thing related to health is rural healthcare grants. Are these being
allocated to the State, or do we apply through the U.S. Department of Ag?
SENATOR SCHATZ: Meghan, do you want to take that one?
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MS. O'TOOLE: Sure, yes. There will be an application process through the
USDA (United States Department of Agriculture).
MS. KIERKIEWICZ: Thanks, Meghan. Our farmers, ranchers, fishermen, they
continue to need support, and we see that they are key to our food ecosystem in
advancing our food sustainability goals. I read that there's a billion dollars for
USDA assistance available to help socially disadvantaged farmers, ranchers,
forest landowners, operators who've suffered adverse actions, past discrimination
or bias. Are you able to elaborate?
MS. O'TOOLE: What I'd like to do, Council Member, is, especially as it relates
to subsidies for farmers, shuttered venues grant program, the RESTAURANTS
(Real Economic Support That Acknowledges Unique Restaurant Assistance
Needed To Survive) Act, the mental health services. I want to get you fact sheets
and maybe you can all work as sort of a clearinghouse and a lead communicator
to get the word out. I mean, we have our email list and we can use the, sort of,
traditional news media, but you are all trusted leaders in your individual
communities, and I would very much appreciate a partnership where we can get
the word out.
I thought Kamala, Vice President, said it exactly right that this is not a bill that
you want to go around selling. This is more like we're now having to explain
how it actually functions. This is not about, "Isn't it a great bill?" People actually
want to know "How do I access this" and "How do I access that?" And so, I'm
not in the business of kind of selling the bill with lead talking points, but selling
the bill with, "Let me send you a link to the application" and walking through
how to make sure people access the resources maximally. That's the point of the
bill, is to actually improve people's lives over the next 90-120 days.
MS. KIERKIEWICZ: Thank you, Senator. I've been informed that I can ask one
more question because you have to get to your next engagement. I did want to
talk a little bit about the discussions that are happening in Washington related to
infrastructure and economic development. What can we expect? What can we be
doing to ready ourselves? And I did want to say that I really appreciated your
comments about infusing native wisdom into solutions going forward. So,just an
update on where we are with infrastructure and economic development packages.
SENATOR SCHATZ: It's pretty exciting. I mean, one thing that Joe Biden has
really told his entire Cabinet to think through and to work hard on is to make sure
that it's an extent that we're doing infrastructure investments, that they are
investments that will stand the test of time, which means, especially if we can
envision a 100 percent clean energy economy and a sustainable economy and a
more just economy, that changes the choices that you make now in terms of
transportation infrastructure, electricity transmission and distribution, and a
number of other things. And so, we're working through all of that. And I think
the Big Island has a lot to sort of teach Washington D.C. around those issues. I
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mean, we are only nowI mean we in Washington D.C.—only now embracing
the idea that native communities are where you start if you're trying to learn how
to manage resources sustainably.
And so, as the Chair of Indian Affairs, I've been able to kind of get the leadership
to wrap their minds around this, that it's not just Native American communities
that need funding but also Native American communities that can teach urban and
rural Americans across the country how to do things smarter and better. And so,
I'm just hoping that all of the great stuff that you're doing on clean energy and all
the stuff that our farmers are doing will be able to inform our national efforts.
And certainly if you have specific needs, I'd be anxious to know what they are so
I can try to work them into the bill.
MS. KIERKIEWICZ: I do. Job Corps program. Thank you, Senator. We really
appreciate your precious time and your continued leadership for Hawaii and our
nation. We are so lucky to have you represent us.
SENATOR SCHATZ: Thanks, everybody. Aloha.
ACTING CHR. CHUNG: Thank you, Senator.
MS. KIERKIEWICZ: Thank you, Chair Chung, for the latitude. I really
appreciate it. I hope this conversation was really inciteful on how we as a County
can be investing our dollars, leveraging collective impact, building up that
capacity so that we can really invest these recovery and relief dollars well. With
that, I yield.
ACTING CHR. CHUNG: You guys want to have a brief discussion on this or not
necessary? It's really up to you.
MS. KIERKIEWICZ: I welcome comments. Thank you.
ACTING CHR. CHUNG: Okay. Anyone?
MS. KIMBALL: Chair Chung, this is Heather Kimball.
ACTING CHR. CHUNG: Yes, go ahead, Heather.
MS. KIMBALL: Thank you, Chair. Ashley, did we get any feedback from
Senator Schatz's office about how to follow up if there's additional details that we
have for him and his staff?
MS. KIERKIEWICZ: Yes. We can follow up with him directly.
MS. KIMBALL: Okay. Via email?
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Hawaii County Council-8 March 17,2021
MS. KIERKIEWICZ: Yup. You can email his office. They're very responsive.
MS. KIMBALL: One of the things that I'm curious about with respect to the
allocation of funds is, and I think we—is how our population is actually going to
be determined because there are a couple of thresholds for transportation and
other infrastructure components that is at the 200,000 mark. And depending on
which account you're using will be above it or below it.
The only other comment that I would want to make is one of the guardrails that
I'm aware of with respect to the spending is with regard to taxes at the State level
and just something for us to keep our eyes out for is that states are not allowed to
use the funds to either directly or indirectly offset a reduction in the net tax
revenue. That does not apply to us as the County. So, something to think about.
And NACo (National Association of Counties) has a really nice digest of the bill
on their siteI'm sure you've seen it—that addresses some of the things that I
think we didn't have time to get to and drill this down a little bit more. But thank
you again for inviting Senator Schatz here today. I yield, Chair.
ACTING CHR. CHUNG: Okay. Anyone else?
MS. LEE LOY: Yes, Chair.
ACTING CHR. CHUNG: Who's that? Sue?
MS. LEE LOY: Yes.
ACTING CHR. CHUNG: Yeah, go ahead.
MS. LEE LOY: Great. Thank you. First of all, I've got to just say,
Ms. Kierkiewicz, fantastic job at just crunching through what I know to be a huge
bill in and of itself. One thing that Senator Schatz mentioned, and you asked the
question about mental health, he mentioned it's complex, is what I heard. But my
request is when he provides that to you or to us, if we could figure out a way to
deliver that back into the community through some nice tiles for social media.
Because, what I also heard him say was mental health is affecting everyone and
it's okay to say, "This was rough. This was an awful time." And to just take a
little bit of a temper check and just do a little self-care around that. And so,
encouraging that, I think, is a way to leading into just strong, healthy, vibrant
communities, is to acknowledge it was rough.
The other one that he mentioned was the shuttered venues and the gathering. And
for three of my other colleagues, we're going through a nonprofit grant-in-aid
program, and I'm just wondering if there's a way to kind of wedge some of that
into these nonprofits who may have had or had to augment a program or a theater
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Hawaii County Council-8 March 17,2021
or something that would have been a revenue generator for them to keep the
sustainability going and a way to maybe just skim off a little bit more because we
know these nonprofits just need a little bit of help.
I think that was all. And then, of course,just the Native Hawaiian piece. I think
this is where we can actually leverage a lot of social capital through our Native
Hawaiian communities and really bring about change for them. So, those were
the three things I wanted to touch on. And if you hear any information, if you
could share that. I'll lean into Senator's office, but I think the four of us on the
nonprofit grant-in-aid committee are really thinking through how we leverage this
money. Go ahead.
MS. KIERKIEWICZ: I just wanted to share that I got a text from his Deputy
Chief of Staff Malia Paul who helped to make this happen. She's going to send
me a link that I'll share with all of you. That way you can submit your questions,
and they're aware of who the questions are coming from that is coming from
Hawaii County.
And, Sue, to your point about leveraging dollars, absolutely hear you. I think
there are ways in which we can build up these capital stacks, right—funding from
various buckets—and really help our nonprofits cobble together these funds so
that they are able to not just like meet their mission but really truly deliver and
thrive.
MS. LEE LOY: And I think the other bright spot in all of this was the
1.645 billion that he mentioned, which would really hold the State's budget
together. So, the idea of furloughs and some of the other things we were bracing
for, I didn't hear that. I heard we're firm. And so, I think now we can begin to
pivot and look at the places that we really need to help. And then, as you said,
Ashley,just drive this into community because we are the first-line responders
when it comes to getting money down into community. So, thank you for this
presentation. Fantastic job. Chair, I yield.
ACTING CHR. CHUNG: Anyone else? If not—
MR.
otMR. RICHARDS: Yeah. Richards.
ACTING CHR. CHUNG: Oh, yeah, go ahead, Tim.
MR. RICHARDS: Okay, thank you, Chair. Ash (Ashley), again thank you. I'll
echo the kudos for getting this done. Listen very carefully. Sounds like we have
shorn up. We have the funding to shore up our social services, and there is some
money directed towards economy. But I think, like you said, frontline—Sue just
said frontline, boots on the ground. We're going to have to work very hard to
address the economy side because we can shore up for now, but then we've got to
get that economy rolling because it's a Band-Aid. It's not a cure. So, we've got
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Hawaii County Council-8 March 17,2021
to get things up and running. And that's a comment. No suggestions at this point.
I think that's what we're going to have to look at. Because, as long as we can
shore up so we're not in the decline, that's good. But now, we have to shift it.
And so, I'm going to be looking very closely to see how we can—especially those
USDA grants. I think we can find some direction there. And so, we need to push
that from the economy standpoint. So, again, thanks. And I'll be reaching out to
the Senator to talk story about that to see what we can do because I've got some
ideas. Thanks, Chair. I yield.
ACTING CHR. CHUNG: Okay, anyone else? Well, I'll just say we're very
fortunate to have Senator Schatz representing us. He's very accessible too. I
appreciate that. Okay, we have a motion on the floor. All those in favor, signify
by saying "aye."
Vote on Comm. 171: The motion to close file on Comm. 171 was carried by the
Filed following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
ACTING CHR. CHUNG: We have some people waiting now to testify. Is that
correct, Jeanette or Mr. Henricks? All right. So,why don't we go, now, to public
testimony?
Return to Order The Acting Chair directed the Council to return to the order of business.
of Business:
STATEMENTS The Acting Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public on Agenda Items.
PUBLIC ON
AGENDA ITEMS: The following individuals registered to speak and came forward when called by
the Acting Chair:
Regina Weller: Res. 69-21 (Comm. 154), in support.
(representing 808 Homeless
Task Force)
Amadeo Markoff: Res. 60-21 (Comm. 136);
Res. 61-21 (Comm. 139);
Res. 62-21 (Comm. 141); and
Res. 63-21 (Comm. 142), in support.
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Hawaii County Council-8 March 17,2021
Christopher Delaunay: Bill 11, Draft 2 (Comm. 51.11), in support.
(representing Pacific Resource (See Comm. 51.14)
Partnership)
Aina Ioane: Res. 59-21 (Comm. 135), in support.
APPROVAL The Acting Chair directed the Council to proceed to the next order of business,
OF MINUTES: Approval of Minutes.
Vote on Approval Mr. Inaba moved to approve the Minutes of February 17,
of Minutes: 2021. Seconded by Ms. Villegas and carried by the
(Approved) following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
COMMUNI- The Acting Chair directed the Council to proceed to the next order of business,
CATIONS: Communications.
(Comm. 171 was taken up previously, out of order.)
ACTING CHR. CHUNG: Mr. Clerk, can we take something out of order? It's
under "Order of the Day, Second and Final Reading." Mr. Inaba worked really
hard on this matter, so let's take Palamanui out of order if we can.
Change Order As directed by the Acting Chair and with no objection from the Council
of Business: Members, the following item was taken out of order:
Bill 11: AMENDS ORDINANCE NO. 09-132 WHICH RECLASSIFIED LANDS FROM
(Draft 2) AGRICULTURAL—3 ACRES (A-3a) AND OPEN (0) TO PROJECT DISTRICT
(PD) AT KAT, NORTH KONA, HAWAII, COVERED BY TAX MAP
KEY: 7-2-005:001
(Applicant: Palamanui Global Holding, LLQ (Area: 695.284 Acres)
The Leeward Planning Commission forwards its favorable recommendation to
amend conditions of approval. The Palamanui Development project includes
1,116 residential units, a 70-acre business park, 230 acres of open space, a 74-acre
dry forest preserve, and a 30-acre university village town center with a 120-room
hotel, retail shopping, commercial amenities, and a 20-acre regional public park.
Reference: Comm. 51.11
Intr. by: Ms. Kierkiewicz (B/R)
First Reading: March 3, 2021
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Hawaii County Council-8 March 17,2021
Motion to Approve: Mr. Inaba moved to pass Bill 11, Draft 2, on second and
final reading. Seconded by Ms. Villegas.
ACTING CHR. CHUNG: Any discussion? Mr. Inaba, you want to say anything?
MR. INABA: Yeah, I'll just say we did go—we have the Palamanui team here:
Mr. Fuke and the rest of the folks here. And we had a lot of discussion and you
folks have been at every Committee and every Council meeting regarding Bills 10
and 11. So, I just ask that we follow through with the work that we have
committed to here in this bill. And we look forward to seeing a community that
supports further growth of the college. So, mahalo. Chair, I yield.
ACTING CHR. CHUNG: Thank you very much, Mr. Inaba. Anyone else? If
not, we have a motion on the floor. All those in favor, signify by saying "aye."
Vote on Bill 11: The motion to pass Bill 11, Draft 2, on second and final
Draft 2 reading was carried by the following voice vote:
(Adopted)
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
ACTING CHR. CHUNG: Thank you. Thank you very much for coming. Okay,
Mr. Clerk, I mean—do we have any other requests to take things out of order?
Okay, let's just take it from the "Order of Resolutions." Go ahead.
Return to Order The Acting Chair directed the Council to return to the order of business.
of Business:
ORDER OF The Acting Chair directed the Council to proceed to the next order of business,
RESOLUTIONS: Order of Resolutions.
Res. 46-21: APPROVES THE COUNTY OF HAWAII MASS TRANSIT AGENCY
TITLE VI PROGRAM PLAN
The Plan would fulfill the requirements set forth by the Federal Transit
Administration to comply with the FTA Circular 4072.1B related to public
transportation and financial assistance.
Reference: Comm. 118
Intr. by: Ms. Lee Loy (B/R)
Approve: PWMTC-4
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Hawaii County Council-8 March 17,2021
Vote on Res. 46-21: Ms. Lee Loy moved to adopt Res. 46-21 and Public Works
(Adopted) and Mass Transit Committee Report No. 4. Seconded by
Mr. Inaba and carried by the following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
Res. 47-21: APPROVES THE COUNTY OF HAWAII DEPARTMENT OF PARKS AND
RECREATION 2020 TITLE IV PLAN PURSUANT TO THE FEDERAL
TRANSIT ADMINISTRATION TITLE VI CIRCULAR 4702.1B
REQUIREMENTS AND GUIDELINES
The Plan would fulfill the requirements set forth by the Federal Transit
Administration to comply with the FTA Circular 4072.1B related to public
transportation and financial assistance.
Reference: Comm. 119
Intr. by: Mr. Inaba(B/R)
Approve: PRPSC-14
Vote on Res. 47-21: Mr. Inaba moved to adopt Res. 47-21 and Parks and
(Adopted) Recreation and Public Safety Committee Report No. 14.
Seconded by Ms. Villegas and carried by the following
voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
Res. 48-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE
FOR A MULTIFUNCTION COLOR PRINTER FOR THE OFFICE OF THE
COUNTY CLERK, SUPPORT SERVICES DIVISION
Authorizes the Mayor to enter into a three-year lease agreement with an
approximate monthly cost of$2,150.
Reference: Comm. 120
Intr. by: Mr. Kaneali`i-Kleinfelder
Approve: FC-19
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Hawaii County Council-8 March 17,2021
Vote on Res. 48-21: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 48-21 and
(Adopted) Finance Committee Report No. 19. Seconded by
Ms. Lee Loy and carried by the following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
Res. 49-21: APPROVES THE HAWAII STATE ASSOCIATION OF COUNTIES'
EXECUTIVE COMMITTEE SLATE OF OFFICERS
Ratifies the slate of officers approved by the Hawaii State Association of Counties
Executive Committee on January 29, 2021, as follows: Kauai County Council
Members Mason K. Chock, President(Bernard P. Carvalho, Jr., Alternate); Maui
County Council Members Kelly Takaya King, Vice President(Tamara Paltin,
Alternate); Hawaii County Council Members Heather L. Kimball, Secretary
(Rebecca Villegas, Alternate); and Honolulu City Council Members
Tommy Waters, Treasurer(Andria Tupola, Alternate).
Reference: Comm. 122
Intr. by: Ms. Kimball
Approve: GOREDC-9
Vote on Res. 49-21: Ms. Kimball moved to adopt Res. 49-21 and Governmental
(Adopted) Operations, Relations and Economic Development
Committee Report No. 9. Seconded by Ms. Lee Loy and
carried by the following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
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Hawaii County Council-8 March 17,2021
Res. 52-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF
ONE CLOSED CIRCUIT TELEVISION TRUCK FOR THE DEPARTMENT OF
ENVIRONMENTAL MANAGEMENT
Authorizes the Mayor to enter into a five-year lease agreement with an
approximate monthly cost of$9,600.
Reference: Comm. 126
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-20
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 52-21 and
Finance Committee Report No. 20. Seconded by
Ms. Lee Loy.
ACTING CHR. CHUNG: Any discussion on this?
MR. KANEALI`I-KLEINFELDER: Chair, if I could?
ACTING CHR. CHUNG: Yes, go ahead.
MR. KANEALI`I-KLEINFELDER: Yesterday, we had a fairly graphic
breakdown of what's going on with the DEM, Environmental Management
Department. I realize the need that they have, but I also am very aware of our
budgetary restrictions that we're looking at this year.
I just want to note, I mean, this resolution and the next will cost, within the next
five years, about 750,000-plus for three trucks. So, while there is a need, I think
it's careful for us to look at these types of purchases or leases, as they are a fairly
substantial cost to our County, and really ensure that each department has a need
for these kinds of purchases going forward, especially given the discussion we
had yesterday from the Director. I just want to make that note. I yield.
ACTING CHR. CHUNG: Anyone else? Okay, there being no further comments,
all those in favor signify by saying "aye."
Vote on Res. 52-21: The motion to adopt Res. 52-21 and Finance Committee
(Adopted) Report No. 20 was carried by the following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
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Hawaii County Council-8 March 17,2021
Res. 53-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF
TWO CLASS IV SIZED 4X4 PICKUP TRUCKS FOR THE DEPARTMENT OF
ENVIRONMENTAL MANAGEMENT
Authorizes the Mayor to enter into a five-year lease agreement with an
approximate monthly cost of$4,600.
Reference: Comm. 127
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-21
Vote on Res. 53-21: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 53-21 and
(Adopted) Finance Committee Report No. 21. Seconded by
Ms. Lee Loy and carried by the following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
Res. 54-21: AMENDS SALARY ORDINANCE NO. 20-40 BY AMENDING SECTION 3(b)
BY CHANGING THE TITLE "ADMINISTRATIVE ASSISTANT TO THE
LEGISLATIVE AUDITOR" TO THE"ADMINISTRATIVE ASSISTANT TO
THE COUNTY AUDITOR" AND THE "LEGISLATIVE AUDITOR" TO THE
"COUNTY AUDITOR" AND AMENDING SECTION 7.01(b) BY CHANGING
THE NAME OF THE"OFFICE OF THE LEGISLATIVE AUDITOR" TO THE
"OFFICE OF THE COUNTY AUDITOR" AND "ADMINISTRATIVE
ASSISTANT TO THE LEGISLATIVE AUDITOR" TO THE
"ADMINISTRATIVE ASSISTANT TO THE COUNTY AUDITOR"
Reference: Comm. 128
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-22
Vote on Res. 54-21: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 54-21 and
(Adopted) Finance Committee Report No. 22. Seconded by
Ms. Lee Loy and carried by the following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
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Hawaii County Council-8 March 17,2021
Res. 58-21: URGES THE DESIGNATION OF MARCH AS YOUTH ART MONTH IN THE
COUNTY OF HAWAII AND SUPPORTING ACTIVATION OF ART IN THE
PARK ISLANDWIDE TO SHOWCASE YOUTH ARTWORK
The designation would support opportunities to improve the well-being and
holistic development of youth through artistic experiences.
Reference: Comm. 133
Intr. by: Ms. Kierkiewicz and Mr. Inaba
Approve: PRPSC-15
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 58-21 and Parks and
Recreation and Public Safety Committee Report No. 15.
Seconded by Mr. Inaba.
ACTING CHR. CHUNG: Any discussion on this one?
MS. KIERKIEWICZ: Yeah. Chair,just real quick.
ACTING CHR. CHUNG: Yeah, go ahead.
MS. KIERKIEWICZ: Some fabric have gone out to various community partners.
I apologize to my colleagues. We had a hiccup in distribution to Kona and
Waimea, but fabric is headed your way. So, we do appreciate kokua in engaging
keiki and community members to paint flags that will be strung up in various
parks around the island. And if you have suggestions for where you'd like these
flags hung up, do see the email that I did send you and provide suggestions.
Thank you. I yield.
ACTING CHR. CHUNG: Thank you. Anyone else? There being none, all those
in favor say "aye."
Vote on Res. 58-21: The motion to adopt Res. 58-21 and Parks and Recreation
(Adopted) and Public Safety Committee Report No. 15 was carried by
the following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
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Hawaii County Council-8 March 17,2021
Res. 59-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII RISE
FOUNDATION TO ASSIST WITH EXPENSES IN PREPARATION FOR THE
2021 MAKAHIKI COMMUNITY CELEBRATION
Transfers $3,500 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. 135
Intr. by: Ms. Lee Loy
Motion to Approve: Ms. Lee Loy moved to adopt Res. 59-21. Seconded by
Mr. Inaba.
ACTING CHR. CHUNG: Ms. Lee Loy, you want to say anything?
MS. LEE LOY: Yeah,just real quickly. Ainaaloha Ioane, daughter of
Skippy Ioane. Everybody knows him to just be a phenomenal asset down in
Keaukaha. And this program actually really is unique in some sense but well
known to others. But the connection here is some of that collective native
wisdom that Senator Schatz spoke about. And really, we all know Makahiki
ceremonies to be this offering with Lono and the games. This program is
designed to be more of workshops to introduce it as a concept through the entire
year. We all know Makahiki to be that season of celebration and gathering, but
traditionally Makahiki was a culmination of community work. And that's what
Makahiki was.
And so, integrating a lot of that collective native wisdom but leaning into how we
identify that but share that with our visitors through a visitor experience and doing
some of the data collection through our wahi panas. I'm really excited that they
are the first to stand this up because I see them connecting up very nicely with
what Senator Schatz talked about earlier. And I just feel lucky that these two
things ended up on the same agenda. So, I do ask for my colleagues' support.
Thank you.
ACTING CHR. CHUNG: Thank you. Anyone else? There being none, all those
in favor say "aye."
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Hawaii County Council-8 March 17,2021
Vote on Res. 59-21: The motion to adopt Res. 59-21 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
Res. 60-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII ISLAND LGBTQ
PRIDE FOR EXPENSES RELATING TO ITS EDUCATIONAL OUTREACH
Transfers $1,500 from the Clerk-Council Services —Contingency Relief account
(Council District 4); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 136
Intr. by: Ms. Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 60-21. Seconded by
Mr. Inaba.
ACTING CHR. CHUNG: Any discussion?
MS. KIERKIEWICZ: Just wanted to thank this organization for curating
materials for the LGBTQ (lesbian, gay, bisexual, transgender, queer or
questioning) community. They're going to be disbursing this to teachers and
students around the island. So, happy to do my part to support that outreach. I
yield.
ACTING CHR. CHUNG: Okay. Anyone else? There being none, all those in
favor signify by saying "aye."
Vote on Res. 60-21: The motion to adopt Res. 60-21 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
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Hawaii County Council-8 March 17,2021
Res. 61-21: 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 PAHOA LAVA ZONE
MUSEUM FOR THE PURCHASE AND OPERATION OF SECURITY
CAMERAS FOR PAHOA TOWN CENTER
Transfers $3,000 from the Clerk-Council Services —Contingency Relief account
(Council District 4); and credits to the Office of Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 139
Intr. by: Ms. Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 61-21. Seconded by
Ms. Lee Loy.
ACTING CHR. CHUNG: Any discussion on this one?
MS. KIERKIEWICZ: Happy to provide funds. I know Amadeo did an excellent
job in kind of providing an overview of what these funds would be used for. So,
happy to do my part to support the businesses and residents of Pahoa Town.
ACTING CHR. CHUNG: Thank you. Anyone else? There being none, all those
in favor say "aye."
Vote on Res. 61-21: The motion to adopt Res. 61-21 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
Res. 62-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO MAKUU FARMERS
ASSOCIATION TO ESTABLISH A NEIGHBORHOOD WATCH PROGRAM
FOR THE MAKUU HOMESTEAD COMMUNITY
Transfers $2,500 from the Clerk-Council Services —Contingency Relief account
(Council District 4); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 141
Intr. by: Ms. Kierkiewicz
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Hawaii County Council-8 March 17,2021
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 62-21. Seconded by
Ms. Lee Loy.
ACTING CHR. CHUNG: Any discussion?
MS. KIERKIEWICZ: Pretty self-explanatory, Chair. Just providing community
with resources so that they can take care of their own. Thank you.
ACTING CHR. CHUNG: Anyone else? There being none, all those in favor say
Ic aye.
Vote on Res. 62-21: The motion to adopt Res. 62-21 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
Res. 63-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA O PUNA FOR ITS
LITTLE FIRE ANT PROGRAM
Transfers $2,500 from the Clerk-Council Services —Contingency Relief account
(Council District 4); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 142
Intr. by: Ms. Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 63-21. Seconded by
Ms. Lee Loy.
ACTING CHR. CHUNG: Any discussion on this?
MS. KIERKIEWICZ: Yeah, little fire ants continue to be a problem. So, happy
to provide funding to Malama O Puna so they can do critical outreach to
community and provide testing kits so that we can try to get a handle of the
situation. Thank you, Chair. I yield.
ACTING CHR. CHUNG: Thank you. Anyone else? There being none, all those
in favor say "aye."
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Hawaii County Council-8 March 17,2021
Vote on Res. 63-21: The motion to adopt Res. 63-21 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
Res. 64-21: 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 HAWAII COUNTY
ECONOMIC OPPORTUNITY COUNCIL FOR THE PURCHASE OF CITRIC
ACID TO CONTROL COQUI FROGS IN COUNCIL DISTRICT 8
Transfers $4,000 from the Clerk-Council Services —Contingency Relief account
(Council District 8); and credits to the Department of Research and Development,
Agriculture Other Current Expenses account.
Reference: Comm. 144
Intr. by: Mr. Inaba
Motion to Approve: Mr. Inaba moved to adopt Res. 64-21. Seconded by
Ms. Villegas.
ACTING CHR. CHUNG: Any discussion, Mr. Inaba?
MR. INABA: We know that coquis are a problem. They're on the island so it's
pretty self-explanatory. So, mahalo for your support.
ACTING CHR. CHUNG: All right. Any further discussion? There being none,
all those in favor signify by saying "aye."
Vote on Res. 64-21: The motion to adopt Res. 64-21 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
Page 27
Hawaii County Council-8 March 17,2021
Res. 68-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR SERVICE
AGREEMENT FOR INTEGRATED SERVICE DIGITAL NETWORK
PRIMARY RATE INTERFACE FOR TELEPHONE DIGITAL INWARD
DIALING SERVICE FOR THE HAWAII COUNTY OFFICE OF THE
PROSECUTING ATTORNEY
Authorizes the Mayor to enter into a three-year agreement with an approximate
monthly cost of$888.
Reference: Comm. 153
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 68-21.
Seconded by Ms. Lee Loy.
ACTING CHR. CHUNG: Any discussion?
MR. KANEALII-KLEINFELDER: Chair, this was waived to Council to
expedite funding. This is for the Prosecuting Attorney's office. A good note was
that this proposed three-year contract for $888.31 per month actually saves the
County $200 per month rather than renewing for a one-year contract. So, I was
happy to see that. If there are any questions, Lisa Faulkner-Inouye would be the
direct contact. But again, this was waived to Council to expedite the funding.
ACTING CHR. CHUNG: Any other discussion? There being none, all those in
favor say "aye."
Vote on Res. 68-21: The motion to adopt Res. 68-21 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
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Hawaii County Council-8 March 17,2021
Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to suspend Council
Suspend Council Rule 15 to waive the 5-day hold for reconsideration.
Rules: Seconded by Mr. Richards and carried by the following
(Approved) voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
ACTING CHR. CHUNG: Motion carried.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair.
Res. 69-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HOMELESS TASK FORCE
FOR ITS OUTREACH AND ENGAGEMENT EFFORTS
Transfers $6,000 from the Clerk-Council Services —Contingency Relief account
(Council District 7); and credits to the Office of Housing and Community
Development, Transfer to Housing Fund account.
Reference: Comm. 154
Intr. by: Ms. Villegas
Motion to Approve: Ms. Villegas moved to adopt Res. 69-21. Seconded by
Mr. Inaba.
ACTING CHR. CHUNG: Discussion, Ms. Villegas?
MS. VILLEGAS: I just want to thank everyone for your continued support of the
work of Regina Weller who testified earlier. She's had phenomenal success in
helping over a dozen people return home to the Mainland as well as love our
families, as she mentions living in dire circumstances, to be able to secure
residences and cars which provide for the stability necessary to hold down a job.
So, I just ask for your continued support.
ACTING CHR. CHUNG: Okay, anyone else? There being no further discussion,
all those in favor signify by saying "aye."
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Hawaii County Council-8 March 17,2021
Vote on Res. 69-21: The motion to adopt Res. 69-21 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
Res. 70-21: AUTHORIZES THE EXTENSION OF THE PUBLIC SEWER FROM
ALII DRIVE TO A PLANNED SUBDIVISION TO SERVICE
PARCELS 7-7-004:057 AND 7-7-004:058 AT KAUMALUMALU, DISTRICT
OF NORTH KONA, ISLAND AND COUNTY OF HAWAII, STATE OF
HAWAII
The sewer collection system will be privately owned and maintained and will be
built to County standards and made available for inspection by the Department of
Environmental Management before, during, or after construction.
Reference: Comm. 168
Intr. by: Mr. Richards
Waived: RAWEEMC
Motion to Approve: Mr. Richards moved to adopt Res. 70-21. Seconded by
Ms. Lee Loy.
(Note: At this time, Environmental Management Director Ramzi Mansour
came forward to address the members of the Council, via
videoconferencing.)
ACTING CHR. CHUNG: I also understand that our Director DEM
Ramzi Mansour is participating via Zoom. I don't know if that's correct, but
that's what I've been informed.
MR. RICHARDS: He is here, Chair.
ACTING CHR. CHUNG: Okay. So, take it away, Mr. Richards.
MR. RICHARDS: Yeah, this is an effort that came in, and there were some
issues with it initially. We had sat with the developer, owner. And I met with
Mr. Mansour and the owner, Mr. Smith, in Kona. We went over it and an
arrangement was made. A deal was made to tend to all the needs and the
concerns that were brought forth. Mr. Mansour, if you'd like to fill in the details?
MR. MANSOUR: Yes. Aloha, Chairman Chung and Council Members. This
issue was brought to you earlier when I first started due to the connection to
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Hawaii County Council-8 March 17,2021
County sewer. Just for memory, the subdivision was supposed to have an 8-inch
sewer line that connects to our 15-inch sewer line down Alii Drive. And the
connection that was proposed initially was connecting the 8-inch to 6-inch
cleanup. So, we have met with the developer, and they meet the requirement as
we see them fit. And they meet the County standard on the connection.
This is going to be a private maintained sewer system. The developer is going to
maintain it themselves, as stated in the resolution. So, we recommend that your
Council moves forward to approve the resolution.
ACTING CHR. CHUNG: Any discussion on this matter? There being none, all
those in favor signify by saying "aye."
Vote on Res. 70-21: The motion to adopt Res. 70-21 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
ACTING CHR. CHUNG: Motion carried. Thank you, Director.
MR. MANSOUR: Thank you.
Res. 71-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE STATE OF HAWAII, PURSUANT TO HAWAII
REVISED STATUTES SECTION 46-7, TO ACCEPT FUNDS AS A LOAN TO
THE COUNTY OF HAWAII
Replaces Resolution No. 91-19 to correct the funding authority to be Session Laws
of Hawaii —Regular Session of 2020, Act 009, for a loan in the amount of
$40 million for recovery from the 2018 Kilauea eruption.
Reference: Comm. 172
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 71-21.
Seconded by Ms. Kierkiewicz.
ACTING CHR. CHUNG: Any discussion?
MR. KANEALII-KLEINFELDER: Yes, Chair. This was waived to Council;
Deanna Sako from Finance. This isDeanna is here as well if anyone has any
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Hawaii County Council-8 March 17,2021
questions. But from what I understand, this is from the original act to provide
40 million to the County from the State, but there was a need to address some of
the language in the original resolution. Deanna, if you want to just give us a
quick background on this, given the amount and the need for the funding.
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council, via videoconferencing from Hilo.)
MS. SAKO: Thank you. Deanna Sako, Director of Finance. So, in 2019, the
Council accepted and authorized that the Mayor enter into the agreement, and we
did sign the agreement. And then I guess subsequently the State consolidated it in
2020 with Act 9. And so, they want our resolution to specifically address that, but
of course they didn't tell us that until we're ready for the money now because this
is the money we're using for our FEMA (Federal Emergency Management
Agency) match. And so, now we're ready to get moving on those projects. So,
it's a little bit of a rush now. So, we really appreciate you guys taking this up at
this time.
MR. KANEALI`I-KLEINFELDER: Thank you, Deanna. I appreciate that and
thank you for your diligence and correcting the need for a changeI wouldn't
even say mistake. I yield for now, Chair. Thank you.
ACTING CHR. CHUNG: Okay, anyone else?
MS. KIERKIEWICZ: Chair, I just wanted to clarify with Deanna something real
quick. Thank you.
ACTING CHR. CHUNG: Yes, go ahead.
MS. KIERKIEWICZ: Deanna, so, this is all that we need to do? I remember last
year we approved Bill 46, which appropriates the funds. Just want to make sure
we don't have to do any corrections to that ordinance, that this resolution covers
it.
MS. SAKO: That ordinance is good till June 30''.
MS. KIERKIEWICZ: Got it.
MS. SAKO: So, our plan is to put it in the amended capital budget. That's the
one that will be submitted on May 5h. So, then, it will be effective July I".
MS. KIERKIEWICZ: Okay, great to know. Thanks for being on it. Thank you,
Chair. I yield.
ACTING CHR. CHUNG: Anyone else? There being no further discussion, we
have a motion on the floor. All those in favor, signify by saying "aye."
Page 32
Hawaii County Council-8 March 17,2021
Vote on Res. 71-21: The motion to adopt Res. 71-21 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
ACTING CHR. CHUNG: Motion carried.
MR. KANEALI`I-KLEINFELDER: And, Chair, I was asked by the Department
of Finance to waive the five-day hold on this item as well.
Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to suspend Council
Suspend Council Rule 15 to waive the 5-day hold for reconsideration.
Rules: Seconded by Mr. Inaba and carried by the following voice
(Approved) vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
BILLS FOR The Acting Chair directed the Council to proceed to the next order of business,
ORDINANCES Bills for Ordinances (First Reading).
(FIRST READING):
(There were none.)
ORDER OF The Acting Chair directed the Council to proceed to the next order of business,
THE DAY Order of the Day (Second or Final Reading).
(SECOND OR
FINAL READING): (Note: Bill 11, Draft 2, was taken up previously, out of order.)
Page 33
Hawaii County Council-8 March 17,2021
Bill 23: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2021
Increases revenues in the Federal Grants —Workforce Innovation and Opportunity
Act(WIOA) account($76,479); and appropriates the same to the WIOA Rapid
Response 2020-2021 account. Funds would be used to assist in rapid response and
layoff aversion activities in Hawaii County.
Reference: Comm. 108
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: March 3, 2021
Vote on Bill 23: Mr. Kaneali`i-Kleinfelder moved to pass Bill 23 on second
(Adopted) and final reading. Seconded by Ms. Lee Loy and carried
by the following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
ACTING CHR. CHUNG: Motion carried.
Bill 24: AMENDS ORDINANCE NO. 20-45, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2021
Appropriates revenues in the Federal Grants —National Instant Criminal
Background Check (NILS) Act Record Improvement Program account($545,760);
and appropriates the same to the NICS Act Record Improvement Program account.
Funds would be used to automate and streamline the firearms registration process
and improve record keeping and data availability.
Reference: Comm. 130
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: March 3, 2021
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 24 on second
and final reading. Seconded by Ms. Lee Loy.
ACTING CHR. CHUNG: Any discussion?
MR. KANEALII-KLEINFELDER: I think we had a good discussion last time,
Chair. Thank you.
Page 34
Hawaii County Council-8 March 17,2021
ACTING CHR. CHUNG: Yeah. Okay, all those in favor signify by saying
Ic aye.
Vote on Bill 24: The motion to pass Bill 24 on second and final reading was
(Adopted) carried by the following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung–8.
Noes: None.
Absent: Council Member David– 1.
Excused: None.
ACTING CHR. CHUNG: Motion carried.
Bill 25: 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 following Public Works projects to the Capital Budget: Pahoa Feasibility
Study –State ($500,000), Puak6 Facilities Plan–County ($300,000), and Puako
Facilities Plan–State ($1,500,000). Funds for this project shall be provided from
General Obligation Bonds, Capital Projects Fund–Fund Balance and/or Other
Sources ($300,000) and State Capital Improvement Project Funds ($2,000,000).
Reference: Comm. 131
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: March 3, 2021
Note: Requires 2/3 vote of the entire
membership to amend,pursuant to
Section 10-6(e), Hawai`i County Charter
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 25 on second
and final reading. Seconded by Mr. Richards.
ACTING CHR. CHUNG: Any discussion?
MS. KIERKIEWICZ: Chair, I just—
ACTING
ustACTING CHR. CHUNG: There being none, all those
MS. KIERKIEWICZ: Oh, sorry. I just wanted to say that I, again, really
appreciate the work of DEM (Department of Environmental Management) and the
recovery team and Finance to secure this grant. It's over $2 million to do a
critical feasibility study for wastewater treatment options in Puna. So, I'm
Page 35
Hawaii County Council-8 March 17,2021
eternally grateful for their going after these funds so that we can use our other
recovery dollars in other ways to support community in their recovery and
revitalization. Thank you. I yield.
ACTING CHR. CHUNG: Okay, anyone else? There being none, all those in
favor say "aye."
Vote on Bill 25: The motion to pass Bill 25 on second and final reading was
(Adopted) carried by the following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung–8.
Noes: None.
Absent: Council Member David– 1.
Excused: None.
ACTING CHR. CHUNG: Motion carried.
REPORTS: The Acting Chair directed the Council to proceed to the next order of business,
Reports.
(There were none.)
REFERRALS FOR The Acting Chair directed the Council to proceed to the next order of business,
EXECUTIVE Referrals for Executive Session.
SESSION:
ACTING CHR. CHUNG: Now, let's see. Mr. Clerk, we're here at Executive
Session.
MR. HENRICKS: Correct. Two items today.
ACTING CHR. CHUNG: Okay, I'm going to ask for some input on this matter.
I looked over Communication 146 regarding the approval to retain outside
counsel to represent the County of Hawaii in further opioid litigation. I'm
thinking this doesn't have to go into an Executive Session because it's really
pro forma. It has to do with a new parry that they want to add to the lawsuit as a
defendant, and there's no secret about who that parry is. So, this is just to allow
for our special counsel who is being retained by us at no cost to us unless there is
a judgement to represent the County.
Do we need to go into an Executive Session on this? I would say, for the sake of
transparency, we not go into Executive Session but—and I'm going to call up our
Corp. (Corporation) Counsel. But if we start talking about the specifics of the
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Hawaii County Council-8 March 17,2021
lawsuit, then we are going to have to go into Executive Session. We still have to
go into Executive Session on the other one, but I'm just wondering if we can just
move ahead quickly on this second matter.
MS. LEE LOY: Chair?
ACTING CHR. CHUNG: Does anybody have a burning desire to go into
Executive Session on this matter? So, I'm assuming nobody will ask questions
about, well, the lawsuit, right, other than general things that have been made
known to the public already via either our Council meetings or the media.
Correct? Okay. We won't go into Executive Session on that. So, why don't we
read that one for the record?
Change Order As directed by the Acting Chair and with no objection from the Council
of Business: Members, the following item was taken out of order:
Comm. 146: REQUESTS APPROVAL TO RETAIN(SAME) OUTSIDE COUNSEL TO
REPRESENT THE COUNTY OF HAWAII IN FURTHER OPIOID
LITIGATION
From Deputy Corporation Counsel Kaena Horowitz, dated February 26, 2021,
requesting an attorney-client confidential discussion to consult with the Council
regarding the above-entitled matter.
Note: Requires 2/3 vote of the entire
membership, pursuant to Section 6-5.5,
Hawaii County Charter
MR. HENRICKS: You're looking for a motion to hire special counsel pursuant
to or as provided for in Communication 146.
ACTING CHR. CHUNG: Correct.
Motion to Close Ms. Lee Loy moved to close file on Comm. 146 and
File: approve the hiring of special counsel. Seconded by
Ms. Kimball.
ACTING CHR. CHUNG: Is there any discussion on this matter that doesn't go
into a realm that requires Executive Session? Okay, there being none all those in
favor signify by saying "aye."
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Hawaii County Council-8 March 17,2021
Vote on The motion to close file on Comm. 146 was carried by the
Comm. 146: following voice vote:
Filed
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
ACTING CHR. CHUNG: Motion carried. Now, let's go on to
Communication 145.
Return to Order The Acting Chair directed the Council to return to the order of business.
of Business:
Comm. 145: CHANG Y. AIONA, V, V. COUNTY OF HAWAII; JOHN A. MEDEIROS,
INDIVIDUALLY AND OFFICIAL CAPACITY; CIVIL NO. 16-1-0342K
From Deputy Corporation Counsel Lerisa L. Heroldt, dated February 24, 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.
Vote on Motion to Ms. Lee Loy moved to enter into Executive Session in
Enter into order to hold attorney-client privilege discussion regarding
Executive Session: Communication 145, as authorized by Section 92-5(a)(4) of
(Approved) the Hawaii Revised Statutes. Seconded by Mr. Richards
and carried by the following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung—8.
Noes: None.
Absent: Council Member David— 1.
Excused: None.
ACTING CHR. CHUNG: Motion carried.
Recess: At 2:31 p.m., the Acting Chair called for a recess.
Reconvene: The meeting reconvened at 2:45 p.m.
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Hawai`i Count\ Council-8 March 17.2021
Vote on Motion to Ms. Lee Loy moved to concur with the recommendation of
Concur: Corporation Counsel regarding Comm. 145. Seconded by
(Approved) Mr. Richards and carried by the following voice vote:
Ayes: Council Members Kaneali`i-Kleinfelder,
Kierkiewicz. Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung— 7.
Noes: Council Member Inaba— 1.
Absent: Council Member David — 1.
Excused: None.
OTHER The Acting Chair directed the Council to proceed to the next order of business,
BUSINESS: Other Business.
(There were none.)
ANNOUNCE- The Acting Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
(There were none.)
ACTING CHR. CHUNG: Okay. We've come to the end of our agenda.
ADJOURN- There being no further business, at 2:46 p.m., Mr. Inaba moved to adjourn the
MENT: meeting. Seconded by Ms. Lee Loy and carried by the following voice vote:
Ayes: Council Members Inaba, Kanealii-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Acting Chair Chung— 8.
Noes: None.
Absent: Council Member David — 1.
Excused: None.
ACTING CHR. CHUNG: Motion carried. Meeting is adjourned.
Council Approval: APR 2 1 2021
COUNT _ RK
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Page 39