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HomeMy WebLinkAboutMIN COUNCIL 2021-04-07 2020-2022 Hawaii County Council 91h Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii April 7, 2021 INVOCATION: Pastor Howard Nash of Thy Word Ministries gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:00 a.m., in the Council Chambers, Hilo, by Ms. Maile Medeiros David, Chair. ROLL CALL: Present: Ms. Maile Medeiros David, Chair Mr. Aaron S. Y. Chung, Vice Chair Mr. Holeka Goro Inaba, Member Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member Ms. Heather L. Kimball, Member Ms. Susan L. K. Lee Loy, Member Mr. Herbert M. "Tim" Richards, III, Member Ms. Rebecca Villegas, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Mr. Richards led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions, MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (There were none.) EXPRESSIONS OF CONDOLENCE: STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Hawaii County Council-9 April 7,2021 Janice Palma-Glennie: PC-12 (Comm. 161), in opposition. Charles Flaherty: FC-23 (Comm. 155), in support; PC-12 (Comm. 161), in opposition; PC-13 (Comm. 162), in opposition; and PC-14 (Comm. 163), in support. APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Vote on Approval Mr. Inaba moved to approve the Minutes of March 3, of Minutes: 2021. Seconded by Mr. Kaneali`i-Kleinfelder and carried (Approved) by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Before we move on to "Communications," I'd like to see if the Council Members would object to me taking one report out of orderMs., who is waiting. Ms. Kaneali`i has a PONC (Public Access, Open Space, and Natural Resources Preservation Commission) site visit that she needs to attend. So, I'd like to take her out of order. And also we have, I think, the applicant on Bill 26 that's in the queue video. So, let's take those two first if that's okay. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order: FC-23 NOMINATION OF DIANE KANEALI`I TO THE PUBLIC ACCESS, OPEN (Comm. 155): SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION Requires Council Confirmation by: April 11, 2021 (Section 2-215(k), Hawaii County Code) Motion to Approve: Mr. Richards moved to adopt Finance Committee Report No. 23. Seconded by Mr. Inaba. (Note: At this time, Diane Kaneali`i, nominee, came forward to address the members of the Council, via videoconferencing.) CHR. DAVID: Any discussion, Council Members? No? Seeing none Page 2 Hawaii County Council-9 April 7,2021 MR. RICHARDS: Just real quick. CHR. DAVID: Okay, go ahead, Mr. Richards. MR. RICHARDS: Yeah. I've worked with Diane since I've been in office, and I think she has a real good perspective and feeling on the pulse going forward. So, I fully support her on the PONC side. CHR. DAVID: Mahalo for that. Anyone else? Go ahead, Mr. Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I just wanted to say Ms. Diane Kaneali`i is an amazing individual who also happens to be my aunt. I will not be voting today and will be recusing myself as I think should be required, and I appreciate her being on this commission. CHR. DAVID: Mahalo, Mr. Kaneali`i-Kleinfelder. Anyone else? Ms. Kaneali`i, would you like to say a few words before we take the vote? I know you have to leave. MS. KANEALI`L Thank you for allowing me to jump the gun a little bit here and move forward so that I can do the site visit. I appreciate that. And I truly appreciate the nomination and to be working with the County on this very important commission for the PONC. I look forward to working with all of you if possible and do these site visits and do the best job that I can to rate these properties and hopefully secure them for public access for eternity. So, mahalo a nui. CHR. DAVID: Mahalo a nui to you for your service, and I totally support your nomination as well. MS. KANEALI`L Mahalo. CHR. DAVID: Thank you very much. Council Members, all those in favor of confirming the nomination of Ms. Kaneali`i,please say "aye." Vote on FC-23: The motion to adopt Finance Committee Report No. 23 (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: None. Excused: Council Member Kaneali`i-Kleinfelder— 1. Page 3 Hawaii County Council-9 April 7,2021 CHR. DAVID: Mahalo, Ms. Kaneali`i. MS. KANEALIL Thank you so much, all of you, and aloha. CHR. DAVID: Aloha. Okay. Mr. Clerk, I believe Bill, I think it's 26. Bill 26: REPEALS ORDINANCE NO. 12-128, WHICH AMENDED SECTION 25-8-23 (MOUNTAIN VIEW ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO VILLAGE COMMERCIAL— 10,000 SQUARE FEET (CV-10) AT `OLA`A, PUNA, HAWAII, COVERED BY TAX MAP KEY: 1-8-002:064 (Planning Director Initiated) (Area: 13,785 Square Feet) The Windward Planning Commission forwards its favorable recommendation to repeal Ordinance No. 12-128, which would revert the property's classification back to its original designation of Single-Family Residential — 10,000 square feet. The property is located on the northwest corner of Highway 11 and Nichols Road. Reference: Comm. 143 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-15 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 26 on first reading and adopt Planning Committee Report No. 15. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. This is a pretty straightforward request coming from the property owners. We had a discussion, pretty straightforward, in Committee but I do have the Planning Director on standby if anybody has any questions. Thank you. I yield. CHR. DAVID: Thank you very much. Anyone else? No? Okay. Seeing none, all those in favor of approving Bill 26 at first reading, please say "aye." Page 4 Hawaii County Council-9 April 7,2021 Vote on Bill 26: The motion to pass Bill 26 on first reading and adopt (Approved) Planning Committee Report No. 15 was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Thank you. I believe we can go to the top of the agenda right now. Return to Order The Chair directed the Council to return to the order of business. of Business: COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. Comm. 16: REQUESTS THE FORMATION OF AN AD HOC COMMITTEE TO APPOINT A NEW COUNTY AUDITOR From Council Member Ashley L. Kierkiewicz, dated November 17, 2020, requesting the formation of an ad hoc committee to review applications, conduct interviews, and score applicants in order to identify a list of candidates who will advance to a round of interviews and final decision by the County Council. Waived: GOREDC Postponed: December 23, 2020 (Note: There is a motion by Ms. Kierkiewicz, seconded by Ms. Lee Loy, to close file on Comm. 16.) ; and Comm. 16.1: From Council Member Ashley L. Kierkiewicz, dated March 30, 2021, transmitting a report of the ad hoc committee's findings and recommendations. CHR. DAVID: Thank you, Mr. Clerk. Just a little background: This matter was postponed on December 23rd, 2020, to allow for the ad hoc committee that was formed during that same meeting to review the applications, conduct interviews, and score applicants for the County's vacant County Auditor position and then provide a short list of candidates to the full Council for its consideration and action. We now have the report from the ad hoc committee, which includes its recommendations as provided for in Communication 16.1. Page 5 Hawaii County Council-9 April 7,2021 This is the second of the three meetings that are required by Sunshine Law and our Rules of Procedure that govern the permitted interactions of an ad hoc committee. This second meeting is a hold period by law. We will not be discussing the ad hoc committee's report or making any decisions today. We will be postponing this matter to another day when we'll be able to take up the matter in full. In discussing with the Clerk what we can discuss today is the Council's preference whether to call a special meeting or to hold our review of the actions on the remaining candidates during a portion of our regular meeting. So, Council Members? Mr. Richards, go ahead. MR. RICHARDS: Yeah, thank you, Chair. So—and I know we're not discussing. We're discussing procedures right now. CHR. DAVID: Procedures, yes. MR. RICHARDS: Are we going to be interviewing these candidates? Or how is that going to be going forward? CHR. DAVID: Ms. Kierkiewicz, can you please respond to Mr. Richards? MS. KIERKIEWICZ: Thank you, Chair. Yes, Mr. Richards, to answer your question, it will be the work of this body to interview the candidates that the ad hoc committee has elevated as individuals that this body should consider to fill the position. MR. RICHARDS: Okay, so, the final candidates then. Okay. MS. KIERKIEWICZ: Correct. MR. RICHARDS: And that makes sense. So, given that, it's my preference I think that we would probably want to schedule a special meeting to do that so we are focused on that and it doesn't detract from the other meetings. But I will listen to my colleagues and come with a solution. Chair, I yield. CHR. DAVID: Thank you, Mr. Richards. Ms. Kimball, go ahead. MS. KIMBALL: I'll just briefly state that I concur with Mr. Richards. I think there should be a special meeting. Thank you. CHR. DAVID: Mahalo. Anyone else? Okay. If no one else objects, I believe I think we have a decision that we will be convening a special meeting for this purpose. Being that there's no objections to it, Mr. Clerk, so, your recommendations, then, for this special meeting? Any ? Page 6 Hawaii County Council-9 April 7,2021 MR. HENRICKS: It's really impromptu. So, I don't know if everybody is prepared right now to pick a date and time that they're available. They don't have their calendars. So, I don't think there's any problem with CHR. DAVID: With letting us MR. HENRICKS: Postponing to the call of the Chair. CHR. DAVID: Okay. MR. HENRICKS: And then I don't see any issues with coordinating a meeting to make sure everybody's available, date and time. And then, of course, we do have a busy calendar this month. So, factoring that in. So, I don't think you need to decide right now CHR. DAVID: Okay,perfect. MR. HENRICKS: The date of the special meeting. And of course, it would be like any other meeting. We'll provide the notices required by law. CHR. DAVID: Notices. Exactly. So, I will just leave that to Ms. Kierkiewicz to kind of fill this out as far as a date and time. Or is that up to—at this point, the ad hoc committee is still in MR. HENRICKS: Well, actually, if you want, we can assist with that. CHR. DAVID: Okay. MR. HENRICKS: The Clerk's office can assist with coordinating a date and time CHR. DAVID: For the special. Okay. MR. HENRICKS: That will make sense for everybody. And I guess I would like to know, though, at this point,preference from the Council as far as completing, or at least maybe not completing but starting this process within this month of April. CHR. DAVID: Council Member Lee Loy, go ahead. MS. LEE LOY: Yeah, thank you. And thank you for the start of that conversation. I would prefer the ad hoc committee has been doing this for a few months, and we have been without an auditor. I would actually like to try and set a special meeting before the end of this month, in addition to recognizing we're going to have a conversation. And then, there's some on-boarding processes that Page 7 Hawaii County Council-9 April 7,2021 have to happen for a new employee. Because, we really need an auditor to get to work and start hammering in some of the audits that we hope to accomplish. So, that is my preference. CHR. DAVID: Anyone else? Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Chair, I don't want to postpone this communication to the call of the Chair. We still have a third reading that we need to do where we can elaborate on the process and the candidates that we've elevated. So, I would like to postpone this measure to our next Council meeting, which I believe is on the 21st. And likely within that week if we could host a special meeting to interview the two candidates, either on the Monday or Thursday. MR. HENRICKS: Madam Chair, actually your special meeting would serve as your third meeting. MS. KIERKIEWICZ: Okay. MR. HENRICKS: So, we don't need to do another meeting in between now and the meeting that Mr. Richards had asked about what's going to happen. MS. KIERKIEWICZ: Okay, thank you for the clarification. MR. HENRICKS: My understanding unless—we'll look further into it, and if it's determined that it's necessary, then we would put it on for the 21"per the call of the Chair. But I believe the special meeting is your third and final meeting, or potentially final for this process. MS. KIERKIEWICZ: Okay. I just want to verify to make sure that we have everything in order for this because this is a new way that we've undertaken this work. Thank you. CHR. DAVID: Thank you for that, Ms. Kierkiewicz. Anyone else? Any questions? MR. HENRICKS: So, I'm hearing that the—April. CHR. DAVID: April. MR. HENRICKS: Before the end of this month. CHR. DAVID: Yes. Page 8 Hawaii County Council-9 April 7,2021 MR. HENRICKS: And maybe just kind of looking ahead at perhaps the week of the 19d'through the 23rd since we have meetings scheduled for the 20d' and 21" in Kona. Perhaps just kind of looking at it at some point in time during that. And if not, then the last week of April. CHR. DAVID: Okay. MR. HENRICKS: Probably not the 12d'through the 16d'; we wouldn't be able to provide notice in that timeframe either. CHR. DAVID: Right. Okay. MR. HENRICKS: All right. CHR. DAVID: Thank you. So, in that situation,we don't need to discuss anything more on this one, right? We're just going to leave it alone the way it is. MR. HENRICKS: Yeah. And because we don't have a date specified, the best motion would be to postpone this to the call of the Chair. CHR. DAVID: Okay. Vote on Motion to Ms. Kierkiewicz moved to postpone Comm. 16 to the call Postpone: of the Chair. Seconded by Ms. Lee Loy and carried by the (Approved) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Comm. 53.5: REPORT OF ATTENDANCE OF COUNCIL MEMBERS INABA, RICHARDS, AND VILLEGAS AT A MASS TRANSIT AGENCY MEETING REGARDING SITES UNDER CONSIDERATION FOR A KONA HUB AND SPOKE LOCATION HELD VIA VIDEOCONFERENCING ON MARCH 29, 2021, PURSUANT TO HAWAII REVISED STATUTES SECTION 92-2.5(e) From Council Member Holeka Goro Inaba, dated March 30, 2021. Motion to Close Mr. Inaba moved to close file on Comm. 53.5. Seconded File: by Mr. Richards. CHR. DAVID: Mr. Inaba, go ahead. Page 9 Hawaii County Council-9 April 7,2021 MR. INABA: Yes. Standard practice. Council Members Villegas, Richards, and I were in a Zoom meeting for the Mass Transit Agency regarding the hub-and- spoke—or the hub locations in Kona. This meeting occurred on March 29h. Mahalo. Chair, I yield. CHR. DAVID: Thank you. Anyone else? No? All right, seeing none, all those in favor of closing file on Communication 53.5,please say "aye." Vote on Comm. 53.5 The motion to close file on Comm. 53.5 was carried by the Filed following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David–9. Noes: None. Absent: None. Excused: None. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 65-21: AUTHORIZES THE ACCEPTANCE OF A DONATION OF EQUIPMENT, SUPPLIES AND FOOD TO THE COUNTY OF HAWAII FROM HAWAII RISE FOUNDATION AND VIBRANT HAWAII The donation, valued at$68,000, and will be used to provide support for virtual learning spaces for children and corresponding food distribution. Reference: Comm. 148 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-25 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 65-21 and Finance Committee Report No. 25. Seconded by Mr. Richards. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: We had fairly substantial discussion about this last time, and I appreciate everyone's support moving forward. CHR. DAVID: Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you, Chair. I do want to share that I am a volunteer board member for Vibrant Hawaii and also chair the economy stream. And so, I will be abstaining from this vote. Thank you. I yield. Page 10 Hawaii County Council-9 April 7,2021 CHR. DAVID: Thank you for that. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 65-21: The motion to adopt Res. 65-21 and Finance Committee (Adopted) Report No. 25 was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: None. Excused: Council Member Kierkiewicz— 1. Res. 67-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR TWO MULTIFUNCTION COPY MACHINES FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$170 per copier. Reference: Comm. 150 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-26 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 67-21 and Finance Committee Report No. 26. Seconded by Ms. Villegas. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Just a summary. This is a multi-year lease for five years for two multi-function copy machines for DEM, or Department of Environmental Management. It's fairly straightforward, and clean discussion in committees. I look forward to your continued support. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor please say "aye." Page 11 Hawaii County Council-9 April 7,2021 Vote on Res. 67-21: The motion to adopt Res. 67-21 and Finance Committee (Adopted) Report No. 26 was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 72-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE FUNDS TO THE OFFICE OF THE MAYOR FOR THE HAWAII ISLAND CHEF CHALLENGE SHOW Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Office of the Mayor, Office of Management Other Current Expenses account. Reference: Comm. 174 Intr. by: Ms. Kierkiewicz (Note: Comm. 174.1, from Council Member Ashley L. Kierkiewicz dated April 6, 2021, transmitting proposed amendments to Res. 72-21, was circulated.) Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 72-21. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead. Motion to Amend: Ms. Kierkiewicz moved to amend Res. 72-21 with the contents of Comm. 174.1. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you. There was just an error in the amount that we were transmitting for this project. CHR. DAVID: Mahalo. Any other discussion? Seeing none, all those in favor of the amendment, please say "aye." Page 12 Hawaii County Council-9 April 7,2021 Vote on Motion to The motion to amend Res. 72-21 with the contents of Amend: Comm. 174.1 was carried by the following voice vote: (Approved) Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David–9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Back to Resolution 72-21, as amended. Any discussion? MS. KIERKIEWICZ: Just happy to support— MR. upportMR. HENRICKS: I'm sorry. Excuse me, Madam Chair. We would need a rule suspension for further discussion. CHR. DAVID: Okay. Sorry. Motion to Suspend Ms. Lee Loy moved to suspend Council Rule 24 to waive Council Rules: the holdover for the substantive amendment of Res. 72-21. Seconded by Ms. Kierkiewicz. CHR. DAVID: Go ahead. MS. KIERKIEWICZ: Thank you. Happy to be supporting MR. HENRICKS: Sorry. Second time I got you. You just need to call the vote on the rule suspension, then we can move forward. CHR. DAVID: Okay. MR. HENRICKS: It's not going to happen again. CHR. DAVID: All those in favor of a rule suspension, please say "aye." Page 13 Hawaii County Council-9 April 7,2021 Vote on Motion to The motion to suspend Council Rule 24 to waive the Suspend Council holdover for the substantive amendment of Res. 72-21 was Rules: carried by the following voice vote: (Approved) Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Mr. Clerk, are we good now? MR. HENRICKS: (Inaudible.) CHR. DAVID: Okay. Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I really appreciate our Clerk wanting to make sure we do everything correctly. Happy to be supporting this project. Really grateful to the Mayor's office for working with our keiki, local farmers to elevate our food systems and really just give kids a chance to explore these ingredients and test out their culinary skills in the kitchen. So,just looking for everyone's support on this. Thank you, Chair. I yield. CHR. DAVID: Mahalo. Anyone else? Seeing none, now we're at Resolution 72-21, as amended by Communication 174.1. All those in favor, please say "aye." Vote on Res. 72-21: The motion to adopt Res. 72-21, as amended to Draft 2, Draft 2 was carried by the following voice vote: (Adopted) Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Thank you. Page 14 Hawaii County Council-9 April 7,2021 Res. 74-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOLUALOA FOUNDATION FOR ARTS AND CULTURE TO ASSIST WITH EXPENSES FOR ITS DONKEY MILL ART CENTER EXHIBITION PROGRAM Transfers $4,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 177 Intr. by: Mr. Inaba Motion to Approve: Mr. Inaba moved to adopt Res. 74-21. Seconded by Ms. Villegas. CHR. DAVID: Go ahead, Mr. Inaba. MR. INABA: Aloha. Thank you. The Donkey Mill Art Center in Kona has been an art foundation and staple of our Kona community for decades. And in a recent visit there, I got to see some of the exhibits that they have put on, some that speak to our climate change. And it was really moving to see how they bring different artists together and bring together different mana`o. Just extremely supportive of those efforts. So, I look forward to your support for these contingency relief funds to the Donkey Mill Art Center. Mahalo. CHR. DAVID: Mahalo, Mr. Inaba. Mr. Richards, go ahead. MR. RICHARDS: Yeah, thank you, Chair. Something Council Member Inaba said about the art. I think, Maile, you and I are old enough to remember when it was actually still coffee. CHR. DAVID: (Inaudible), yeah. MR. RICHARDS: So, I'll definitely support going forward but well done, Holeka. CHR. DAVID: Thank you, Mr. Richards. Anyone else? Seeing none, I just want to say mahalo a nui to the Donkey Mill Art Center for all their work. I've been there several times, and it's really amazing what they've done to the place, no less, and now that it's transformed into an art center. Anyway, okay. All those in favor of approving Resolution 74-21, please say "aye." Page 15 Hawaii County Council-9 April 7,2021 Vote on Res. 74-21: The motion to adopt Res. 74-21 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 78-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE DIGITAL POSTAGE METER FOR THE OFFICE OF THE CORPORATION COUNSEL Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$50. Reference: Comm. 181 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 78-21. Seconded by Ms. Villegas. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: This item was waived from Committee to Council. This is for a lease for $50 a month for a postage meter if anyone has further questions. I think it's pretty self-explanatory. But if you did have questions, I think Ms. Strance is here to answer anything for Corp. (Corporation) Counsel that may be needed although it's doubtful that it would be needed. I look forward to your support. Thank you. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing none, all those in favor of approving Resolution 78-21, please say "aye." Page 16 Hawaii County Council-9 April 7,2021 Vote on Res. 78-21: The motion to adopt Res. 78-21 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): Bill 27: AMENDS CHAPTER 19, ARTICLE 7, SECTION 19-53, REPEALS CHAPTER 19, ARTICLE 7, SECTION 19-58.1 AND SECTION 19-58.2 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE NONSPECULATIVE RESIDENTIAL USE REAL PROPERTY TAX DEDICATION Repeals the nonspeculative residential use dedication program, effective July 1, 2021. Reference: Comm. 152 Intr. by: Mr. Chung Approve: FC-27 Motion to Approve: Mr. Chung moved to pass Bill 27 on first reading and adopt Finance Committee Report No. 27. Seconded by Ms. Lee Loy. CHR. DAVID: Mr. Chung. MR. CHUNG: Yes, when we last visited this matter, it was with the understanding that the Real Property Tax Division would be sending out letters to affected land owners and we would hear what kinds of responses, if any, were received. I did receive something from Ms. Miura, but I think it's best if she or Keita Jo come up and explain what we've learned from this. Lisa? (Note: At this time, Real Property Tax Administrator Lisa Miura came forward to address the members of the Council.) MS. MIURA: Good morning, County Council. It's nice to see all nine of you in the same room. It's so much easier to communicate. Lisa Miura, Real Property Tax Administrator. Page 17 Hawaii County Council-9 April 7,2021 We had our last Finance Committee meeting on March 16''. On March 18'', our office sent letters to all the owners of record for every parcel that was in here. So, a lot more letters went out than just the number of parcels we have. Of those, we received actually of this morning 65 phone calls by our office and majority of them were positive. There were a couple three that had some concerns, excuse me, four had concerns; they were the same. And one just wasn't supportive of this change even though she would have saved money. It was more due to untrust of government, not so much this bill. And so, I do want to be cognizant and share that the other four were more from the understanding that they have no intention to sell. They're not against the bill, but their preference would have been to let the dedication period ride out, and then after that come at their frozen values. But everybody elseso, that would be 60 of them were in support. And that was all the feedback that we received. MR. CHUNG: Okay. And, Lisa, I mean and for all of you, that idea of letting the program run out was also something that we had discussed. But as I related the last time, I'm just going to stick with this. If anybody wanted to come up with an amendment that incorporated that concept, they would be free to do so. But really, I think what this has demonstrated, and I really appreciate what the Finance Department has done in that regard, is that there was no escape clause, really, for these individuals. And many, when I just kind of read—was I the only one provided with this ? MS. MIURA: The entire list, yes. After yesterday's meetings, I got nervous about sending the list to every person individually. MR. CHUNG: Oh, right. MS. MIURA: I did send CHR. DAVID: Good call. MS. MIURA: To Council Members if there were some concerns or specific comments from constituents in their district. I would let them know, "I'll let your Council Member know." And so, that's why not every person got that because some people would then either get a call from your district or there was just no concerns with the bill. And just to be clear, when we sent our letters, we also sent a page off the County Clerk's website on how they could provide testimony by either written or call-in or whatever your options were. But a lot of these individuals were seniors, and they didn't feel comfortable with either the technology or making a fuss and just felt like Council would make the best choice for them. MR. CHUNG: I saw some that were even children of some seniors who were now in care homes and other places. So, I think that really underscores what you Page 18 Hawaii County Council-9 April 7,2021 and Deanna and everyone else who had been advocating for this, the repeal of this program, have been saying all along. If anyone has any questions of me or the department, feel free to do so. But if not, I'm just going to ask that we move this thing along. CHR. DAVID: Thank you, Mr. Chung. Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you, Chair. I don't have a question. I just want to thank you, Lisa, Keita, for doing this step to inform individuals that are part of this program and let them know the potential changes that we were considering. It's just reassuring to know that vast majority are in support, and it's really helpful data and context to support our decision-making. I'll be supporting the measure. Thank you, Aaron. Chair, I yield. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Ms. Kimball, go ahead. MS. KIMBALL: Yeah, I'll also be supporting the measure because of the data that you've provided for us. I think it assuaged some of the concerns that I had about folks that were on the program. It seems like they're overwhelmingly willing to support this change. So, thank you again, Council Member Chung, for introducing this piece of legislation. I yield, Chair. CHR. DAVID: Thank you. Anyone else? Seeing, oh, go ahead. MS. MIURA: I believe there was a concern and I forgot to address it. Somebody, a Council Member, had wanted to know how many individuals were rolled back in the last few years. So, if you still want that information, Keita does have that for you. CHR. DAVID: Thank you. Anyone else? No? Well, I just— MS. ustMS. KIMBALL: Chair, I'd actually like—if that information is available, we might as well have it presented to us. Thank you. (Note: At this time, Assistant Real Property Tax Administrator Keita Jo came forward to address the members of the Council.) MR. JO: Hi. Keita Jo, Assistant Real Property Tax Administrator. One of the takeaways was to take a look specifically at the numbers in terms of rollbacks. There were seven rollbacks over the last three years that occurred in this program. The average rollback was over 13,000 in rollback taxes and penalties for individuals. We did have one individual in their 90s that received a rollback of over $15,000 as a result of the transfer of their property. So, it just underpins the severity of what a lot of our kupuna feel in terms of participating in this program. It's a catch-22. There are some severe penalties if things change in life. Page 19 Hawaii County Council-9 April 7,2021 MS. KIMBALL: Thank you very much, Keita. I appreciate it. I yield, Chair. CHR. DAVID: Thank you, Ms. Kimball. Anyone else? If not, I just wanted to say thank you to the Administrator, Mr. Jo, Ms. Miura, and Director and, most of all, Mr. Chung for actually moving this forward to benefit the community. Thank you for your hard work and I will be supporting this. Mahalo, everyone. All those in favor of approving Bill 26 at first reading and forward to Council, I mean, not forwardI'm sorry, Bill 27—approving Bill 27 at first reading,please say "aye." Vote on Bill 27: The motion to pass Bill 27 on first reading and adopt (Approved) Finance Committee Report No. 27 was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Thank you. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): (There were none.) REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (Note: FC-23 was taken up previously, out of order.) FC-24 NOMINATION OF STEVEN PAVAO TO THE SALARY COMMISSION (Comm. 156): Requires Council Confirmation by: April 18, 2021 (Section 13-4(k), Hawaii County Charter) Page 20 Hawaii County Council-9 April 7,2021 Vote on FC-24: Ms. Lee Loy moved to adopt Finance Committee Report (Adopted) No. 24. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David–9. Noes: None. Absent: None. Excused: None. PC-12 NOMINATION OF DANA ASIS TO THE LEEWARD PLANNING (Comm. 161): COMMISSION Requires Council Confirmation by: April 10, 2021 (Section 13-4(k), Hawaii County Charter) Motion to Approve: Ms. Lee Loy moved to adopt Planning Committee Report No. 12. Seconded by Mr. Richards. CHR. DAVID: Any discussion, Council Members? Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: In light of what we saw yesterday, I'm just going to go ahead and say no to this today, but I appreciate everyone's understanding of that. Thank you. CHR. DAVID: Thank you. Anyone else? MR. INABA: Yeah, mahalo. Chair, sorry. CHR. DAVID: Go ahead, Mr. Inaba. MR. INABA: Mahalo to Ms. Palma-Glennie for her testimony. It got me to reconsider, so I'll be voting "no"today. CHR. DAVID: Thank you, Mr. Inaba. Anyone else? Ms. Villegas, go ahead. MS. VILLEGAS: I find myself in the same circumstance and situation where I'm reevaluating the amount of—the risks versus the rewards of who's being nominated to our Leeward Planning Commission and the other commissions, and I will be voting "no"today. I think that there needs to be a broader scope. And it would be really wonderful if representatives of the districts represented by the Page 21 Hawaii County Council-9 April 7,2021 Leeward Planning Commission were once again taken into consideration when nominating people for these special and very important boards and commissions. Mahalo. CHR. DAVID: Thank you, Ms. Villegas. Anyone else? Seeing none, I basically, I believe I was absent on that day and had just what I was observing and listening to with the testimony, and also yesterday's discussion about the concerns from the community regarding members that are, especially on the Leeward Planning Commission, that are either pro-businessI mean, not,pro- development or in the business of real estate and that sort of thing. And I'm kind of uncomfortable. I didn't have a chance to—I did look at Ms. Asis's information. And based on what we went through yesterday and the community's concerns, I think we need a more diverse variety of people on our Leeward Planning Commission just to balance it out. So, I will not be supporting the nomination of Ms. Asis as well. So, thank you. Mr. Clerk, roll call on this one, please. Vote on PC-12: The motion to adopt Planning Committee Report No. 12 Failed failed by the following roll call vote: Ayes: Council Members Chung, Kierkiewicz, Lee Loy, and Richards –4. Noes: Council Members Inaba, Kaneali`i-Kleinfelder, Kimball, Villegas, and Chair David–5. Absent: None. Excused: None. CHR. DAVID: Thank you. PC-13 NOMINATION OF CLEMENT KANUHA, III, TO THE LEEWARD (Comm. 162): PLANNING COMMISSION Requires Council Confirmation by: April 10, 2021 (Section 13-4(k), Hawaii County Charter) Page 22 Hawaii County Council-9 April 7,2021 Vote on PC-13: Ms. Lee Loy moved to adopt Planning Committee Report (Adopted) No. 13. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: Council Member Kaneali`i-Kleinfelder— 1. Absent: None. Excused: None. PC-14 REAPPOINTMENT OF NICOLE LUI TO THE HAWAII COUNTY (Comm. 163): CULTURAL RESOURCES COMMISSION Vote on PC-14: Ms. Lee Loy moved to adopt Planning Committee Report (Adopted) No. 14. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. PWMTC-5 NOMINATION OF JAMES LEE TO THE TRANSPORTATION (Comm. 160): COMMISSION Vote on Ms. Lee Loy moved to adopt Public Works and Mass PWMTC-5: Transit Committee Report No. 5. Seconded by (Adopted) Ms. Kimball and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 23 Hawaii County Council-9 April 7,2021 GOREDC-10 NOMINATION OF BREEANI SUMERA-LEE TO THE REDISTRICTING (Comm. 157): COMMISSION Requires Council Confirmation by: April 10, 2021 (Section 13-4(k), Hawaii County Charter) Vote on Ms. Lee Loy moved to adopt Governmental Operations, GOREDC-10: Relations and Economic Development Committee Report (Adopted) No. 10. Seconded by Ms. Kimball and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. PRPSC-16 NOMINATION OF DEBRA LEWIS TO THE VETERAN'S ADVISORY (Comm. 158): COMMITTEE Vote on PRPSC-16: Ms. Lee Loy moved to adopt Parks and Recreation and (Adopted) Public Safety Committee Report No. 16. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. RAWEEMC-5 NOMINATION OF MICHAEL BELL TO THE WATER BOARD (Comm. 164): Requires Council Confirmation by: April 10, 2021 (Section 13-4(k), Hawaii County Charter) Page 24 Hawaii County Council-9 April 7,2021 Vote on Ms. Lee Loy moved to adopt Regenerative Agriculture, RAWEEMC-5: Water, Energy and Environmental Management Committee (Adopted) Report No. 5. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. RAWEEMC-6 NOMINATION OF CORTNEY OKUMURA TO THE GAME MANAGEMENT (Comm. 165): ADVISORY COMMISSION Requires Council Confirmation by: April 10, 2021 (Section 13-4(k), Hawaii County Charter) Vote on Ms. Lee Loy moved to adopt Regenerative Agriculture, RAWEEMC-6: Water, Energy and Environmental Management Committee (Adopted) Report No. 6. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. RAWEEMC-7 NOMINATION OF LEOMANA TURALDE TO THE GAME MANAGEMENT (Comm. 166): ADVISORY COMMISSION Requires Council Confirmation by: April 10, 2021 (Section 13-4(k), Hawaii County Charter) Page 25 Hawaii County Council-9 April 7,2021 Vote on Ms. Lee Loy moved to adopt Regenerative Agriculture, RAWEEMC-7: Water, Energy and Environmental Management Committee (Adopted) Report No. 7. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. RAWEEMC-8 NOMINATION OF ELYSE ROBINSON TO THE ENVIRONMENTAL (Comm. 167): MANAGEMENT COMMISSION Requires Council Confirmation by: April 10, 2021 (Section 13-4(k), Hawaii County Charter) Vote on Ms. Lee Loy moved to adopt Regenerative Agriculture, RAWEEMC-8: Water, Energy and Environmental Management Committee (Adopted) Report No. 8. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: (There were none.) OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There were none.) Page 26 Hawai`i County Council-9 April 7. 2021 ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) CHR. DAVID: Mr. Clerk, I believe that concludes our agenda for this morning. ADJOURN- There being no further business, at 9:53 a.m., Ms. Lee Loy moved to adjourn the MENT: meeting. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David- 9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Mahalo, everyone, for today. We're adjourned. Council Approval: APR 2 1 2021 COUN -LES JH/dg Page 27