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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. Page 2 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 Page 3 Hawaii County Council-8 March 17,2021 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 Page 4 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 Page 5 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?" Page 6 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 Page 7 Hawaii County Council-8 March 17,2021 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 Page 8 Hawaii County Council-8 March 17,2021 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 Page 9 Hawaii County Council-8 March 17,2021 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? Page 10 Hawaii County Council-8 March 17,2021 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 Page 11 Hawaii County Council-8 March 17,2021 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? Page 12 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 Page 13 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 Page 14 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. Page 15 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 Page 16 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 Page 17 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 Page 18 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. Page 19 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. Page 20 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. Page 21 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. Page 22 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." Page 23 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. Page 24 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 Page 25 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." Page 26 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. Page 28 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." Page 29 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 Page 30 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 Page 31 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 Page 36 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." Page 37 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. Page 38 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 JH/dg Page 39