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HomeMy WebLinkAboutMIN COUNCIL 2021-05-19 2020-2022 Hawaii County Council 131h Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii May 19, 2021 INVOCATION: Pastor Ron Brav of Calvary Chapel Hilo 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, Ms. Lee Loy 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-13 May 19,2021 Jim Kilgore: Res. 129-21 (Comm. 260), in support. (representing Full Life) Andi Pawasarat-Losalio: Res. 128-21 (Comm. 259), in support. (representing Bridge House) Abraham Sadegh: Bill 30 (Comm. 195), comment. CHR. DAVID: Mr. Clerk, can we proceed with our order of business, please? APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Vote on Approval Ms. Lee Loy moved to approve the Minutes of April 21, of Minutes: 2021. Seconded by Mr. Inaba 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. Vote on Approval Ms. Lee Loy moved to approve the Minutes of April 21, of Minutes: 2021 (Special Meeting). Seconded by Mr. Richards and (Approved) 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. COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. Page 2 Hawaii County Council-13 May 19,2021 Comm. 251: DONATION OF SEVEN 2018 UNIFORM PLUMBING CODE BOOKS AND ILLUSTRATED TRAINING MANUALS From Finance Director Deanna Sako, dated April 30, 2021, requesting the Council's approval to accept a donation from International Association of Plumbing and Mechanical Officials, valued at approximately $2,233, to be used by the Department of Public Works. Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to approve the donation of seven 2018 Uniform Plumbing Code books and illustrated training manuals. Seconded by Ms. Lee Loy. CHR. DAVID: Any discussion? Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I did ask Neal Tanaka to be available. He was the one listed on the B-52 form. This is pretty straightforward as far as being seven Uniform Plumbing Code 2018 books and manuals. If there's any further questions, please let me know. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? No? All right, all those in favor of approving Communication 251 and accepting the donation of seven Uniform Plumbing Code '18 books and training manuals, please say "aye." Vote on Comm. 251: The motion to approve the donation of seven 2018 Uniform (Approved) Plumbing Code books and illustrated training manuals 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. Comm. 252: DONATION OF 22 CASES OF BOTTLED WATER From Finance Director Deanna Sako, dated April 30, 2021, requesting the Council's approval to accept a donation from Waiakea Springs, valued at approximately $120, used for the Hawaii Island Sustainability Summit. Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to approve the donation of 22 cases of bottled water. Seconded by Ms. Lee Loy. Page 3 Hawaii County Council-13 May 19,2021 CHR. DAVID: Any discussion on this one? Seeing none MR. KANEALI`I-KLEINFELDER: Excuse me. Actually, I did a one CHR. DAVID: Okay, go ahead. MR. KANEALI`I-KLEINFELDER: Deanna, could you come up, please? (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: Good morning. MR. KANEALI`I-KLEINFELDER: Thank you for being here. I like your coordination with Ms. Logan as well. It's very nice. We talked about it briefly but maybe everyone doesn't know, maybe they do, but regarding accepting donations via resolution and then also by MS. SAKO: By letter or communication. MR. KANEALI`I-KLEINFELDER: Letter, could you just briefly touch on that for me and for everyone? MS. SAKO: Sure. So, it's been a longstanding policy, anyway, that to accept all donations by the Council, that's in the Charter. But if anything is less than $1,000 or it's something which means we're not going to capitalize it—so, that might be cash, these bottles of water that are going to be utilized right away those things are done by letter or communication. And then, anything a thousand dollars or more that is going to be capitalized on our books, then those would be done by resolution. And that's why we have the differences. You'll see some of each. And it's been a while since we've actually had the letter ones. So, yeah, today we have another two. MR. KANEALI`I-KLEINFELDER: Thank you. It has and that's why I asked. Usually, we see things with resolutions. The most recent one that caught everyone's eye would probably be the bronze statue at the Lili`uokalani Gardens. So, I just wanted to clarify. Thank you. MS. SAKO: No problem. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder and Director Sako. Mr. Inaba, go ahead. MR. INABA: One more question, Deanna,just so I understand the process. When we accept donations, we can accept them for upcoming events and even for past events because this is for the sustainability summit. Page 4 Hawaii County Council-13 May 19,2021 MS. SAKO: When we find out early enough, we try to get it in as soon as possible, and then sometimes we aren't always informed right away. So, then, we'll do it after the fact as well. MR. INABA: Okay, thank you. Chair, I yield. CHR. DAVID: Thank you, Mr. Inaba. Anyone else? Seeing none, all thoseoh, I'm sorry, Mr. Chung. Go ahead. MR. CHUNG: Yeah. So, I guess thisI wasn't going to talk about this thing but these things seem so kind of manini, right, especially if they're after the fact. Last time Maile and I prepared, I think it was—was it a legislation for the Sayre Foundation or was it reso (resolution), yeah. That allowed for those donations to be fast-tracked. Couldn't we implement something like this for smaller, $1,000 or less? Because, I don't really see a difference between a resolution or a communication, quite frankly. And there's nothing in the Charter. This is a Charter provision, right, that requires us to do certain things. But I think by either resolution or some formal action of the Council could allow that's not inconsistent with the Charter provisions, of course—could allow for it to be fast-tracked. So, maybe we can work on something like that where you guys can just accept things like less than a thousand bucks or something like just an accept—and then send us a report and then we can ratify at the end. MS. SAKO: So, we can follow similar to the Sayre Foundation. And then maybe each July 1st for the fiscal year coming up, we could submit that resolution and then report a year later, and our staff can just transmit that. MR. CHUNG: Yeah, that might be better. I mean, less humbug for you folks and us. MS. SAKO: Yeah. And we have discussed that before with the Finance Committee Chair. MR. CHUNG: All right. Thanks, Deanna. CHR. DAVID: Thank you for that, Mr. Chung. Anyone else? Seeing none, all those in favor of approving Communication 252 and accepting the donation of 22 cases of bottled water, please say "aye." Page 5 Hawaii County Council-13 May 19,2021 Vote on Comm. 252: The motion to approve the donation of 22 cases of bottled (Approved) water 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. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 79-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A (Draft 2) 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 $2,000 from the Clerk-Council Services –Contingency Relief account (Council District 3); and credits to the Office of the Mayor, Office of Management Other Current Expenses account. Reference: Comm. 185.2 Intr. by: Ms. Lee Loy Postponed: April 21, 2021 Held Over Pursuant to Council Rule 24(1)(e): May 5, 2021 (Note: There is a motion by Ms. Lee Loy, seconded by Mr. Inaba, to adopt Res. 79-21, as amended.) CHR. DAVID: Ms. Lee Loy, go ahead. MS. LEE LOY: Just asking for your support. CHR. DAVID: Thank you very much. Anyone else? Seeing none, all those in favor of approving Resolution 79-21, please say "aye"—Draft 2. Page 6 Hawaii County Council-13 May 19,2021 Vote on Res. 79-21: The motion to adopt Res. 79-21, Draft 2, was carried by the Draft 2 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. Res. 109-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR AN EXTENSION OF A MULTI-YEAR LEASE OF REAL PROPERTY FOR THE COUNTY OF HAWAII POLICE DEPARTMENT WAREHOUSE IN KEA`AU, DISTRICT OF PUNA Authorizes the Mayor to enter into a four-year lease extension for 12,000 square feet of warehouse space. Reference: Comm. 223 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-41 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 109-21 and Finance Committee Report No. 41. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: We did have a decent discussion at Committee regarding Resolution 109-21, and I look forward to everyone's support. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 109-21: The motion to adopt Res. 109-21 and Finance Committee (Adopted) Report No. 41 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. Page 7 Hawaii County Council-13 May 19,2021 Res. 110-21: ACCEPTS THE DEDICATION OF ROADWAY LOT 398, BEING IDENTIFIED AS TAX MAP KEY NO.: 2-4-075:070, SITUATED AT KUKUAU 1sT DISTRICT OF SOUTH HILO, ISLAND AND COUNTY OF HAWAII FROM HILO HILLSIDE, LLC The landholder seeks to dedicate the roadways and all improvements for public roadway purposes. Reference: Comm. 224 Intr. by: Ms. Lee Loy (B/R) Approve: PWMTC-7 Vote on Res. 110-21: Ms. Lee Loy moved to adopt Res. 110-21 and Public (Adopted) Works and Mass Transit Committee 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. Res. 113-21: 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 $1,200 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 230 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 113-21. Seconded by Ms. Lee Loy. CHR. DAVID: Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALII-KLEINFELDER: Look forward to everyone's support on this. I hate little fire ants and I hope everyone else does too. And if we can kill them all, I'd be very happy. CHR. DAVID: Thank you. All right. Page 8 Hawaii County Council-13 May 19,2021 MR. KANEALI`I-KLEINFELDER: I did have one question, Chair. CHR. DAVID: Oh, go ahead. MR. KANEALI`I-KLEINFELDER: Deanna, Malama O Puna was asking for an extension, given the lateness of the CRF (Contingency Relief Fund)request, and I'm wondering what that looks like for them. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: You mean like they're not going to be able to spend it all by June 30''? Is that the comment? MR. KANEALI`I-KLEINFELDER: Correct. MS. SAKO: Yeah, this is a little late to still be doing CRFs. It doesn't give the departments or the nonprofits much time to spend it. So, we can look at when I'm sorry, I don't have this one with me but I'm not sure which department is facilitating this. MR. KANEALI`I-KLEINFELDER: It's Parks and Rec. (Recreation). So, they could provide them like up to September 30'h or an agreeable date, but they do still need to enter into the agreement prior to June 30''. Okay. So, I would talk to Parks and Rec. about that. MS. SAKO: Aha. MR. KANEALI`I-KLEINFELDER: Thank you very much. Appreciate it. Thank you, Chair. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Any other questions? Seeing none, all those in favor please say "aye." Vote on Res. 113-21: The motion to adopt Res. 113-21 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. CHR. DAVID: Resolution 113 is approved. Page 9 Hawaii County Council-13 May 19,2021 Res. 114-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ORCHIDLAND NEIGHBORS FOR ITS FOOD BASKET DISTRIBUTION PROGRAM Transfers $1,987 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 231 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 114-21. Seconded by Ms. Lee Loy. CHR. DAVID: Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Great program, great people, look forward to everyone's support. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of approving Resolution 114,please say "aye." Vote on Res. 114-21: The motion to adopt Res. 114-21 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. 115-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE 2021 SUMMER FUN PROGRAM AT THE KEKUAOKALANI GYM Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Summer/Intercession account. Reference: Comm. 236 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 115-21. Seconded by Mr. Inaba. Page 10 Hawaii County Council-13 May 19,2021 CHR. DAVID: Ms. Villegas, go ahead. MS. VILLEGAS: I just ask for the continued support of my colleagues for this Summer Fun program that happens annually at what some know as "Old Airport." It's a really important program for our youth in Kona and provides much needed, essentially, childcare during the summer when kids normally don't have school although lately, that's all been the norm. So, this is going to be very well appreciated for some of these kids to have a fun place to go and activities to participate in. So, I ask for your support. CHR. DAVID: Thank you, Ms. Villegas. Anyone else? Seeing none, all those in favor of approving Resolution 115,please say "aye." Vote on Res. 115-21: The motion to adopt Res. 115-21 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. 116-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KAPOLEI 3 FOURSQUARE CHURCH TO PURCHASE ESSENTIAL BASKETS FOR VICTIMS OF DOMESTIC VIOLENCE DURING THE COVID-19 PANDEMIC Transfers $2,000 from the Clerk-Council Services –Contingency Relief account (Council District 9); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 237 Intr. by: Mr. Richards Motion to Approve: Mr. Richards moved to adopt Res. 116-21. Seconded by Ms. Lee Loy. CHR. DAVID: Mr. Richards, go ahead. MR. RICHARDS: This is one of those things that—domestic violence anybody's who's been on the Council with me knows this is an area that I'm keenly aware of and concerned about. And this was a request from constituents; they call them "care packages" or "essential baskets." But essentially, what they Page 11 Hawaii County Council-13 May 19,2021 are for is helping the victims through this when we've seen an escalation of domestic violence throughout this pandemic. So,just again trying to help our community. I ask for your support. CHR. DAVID: Mahalo, Mr. Richards. Anyone else? Seeing none, all those in favor of approving Resolution 116,please say "aye." Vote on Res. 116-21: The motion to adopt Res. 116-21 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. 117-21: 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 WEST HAWAII VETERANS CEMETERY DEVELOPMENT AND EXPANSION ASSOCIATION, INC., TO CONSTRUCT A GOLD STAR MEMORIAL Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 238 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 117-21. Seconded by Mr. Inaba. CHR. DAVID: Ms. Villegas, go ahead. MS. VILLEGAS: I just ask for your continued support. This funding, in collaboration with the funding provided by Mr. Inaba, will allow for the construction of this beautiful new memorial at our veterans cemetery. I'm deeply grateful for the opportunity to contribute. So, I ask for your support. CHR. DAVID: Thank you, Ms. Villegas. Anyone else? Seeing none, all those in favor of approving Resolution 117,please say "aye." Page 12 Hawaii County Council-13 May 19,2021 Vote on Res. 117-21: The motion to adopt Res. 117-21 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. 118-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HUI HO`OLEIMALUO TO ASSIST WITH EXPENSES ASSOCIATED WITH ITS COMMUNITY WORKDAY PROGRAM 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. 239 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 118-21. Seconded by Mr. Richards. CHR. DAVID: Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. This one's really interesting that I wanted to share with my colleagues. Hui Ho`oleimaluo is a nonprofit organization down in Keaukaha that takes care of our local i`as down at Richardson park. And they do a fantastic job at doing not only the restoration of our ponds but the educational piece, really ingraining the native intelligence down at one of our County beach parks. And why I'm so excited to give them this money is they're going to start developing an educational program for taking care of all of our fish ponds islandwide. But I've also encouraged them to reach out to our PONC (Public Access, Open Space, and Natural Resources Preservation Commission) committee and the restoration monies and stewardship monies that they have there in which they can model this and then turn around and give it out to other communities, where they can turn around and take care of our special places. So, I do urge my colleagues' support. Thank you. CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else? Seeing none, all those in favor of approving Resolution 118-21, please say "aye." Page 13 Hawaii County Council-13 May 19,2021 Vote on Res. 118-21: The motion to adopt Res. 118-21 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. 119-21: 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 ALOHA CLUB OF HILO TO PURCHASE COMPUTER EQUIPMENT FOR HALE `OLUEA CLUBHOUSE Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 240 Intr. by: Mr. Chung Motion to Approve: Mr. Chung moved to adopt Res. 119-21. Seconded by Mr. Richards. CHR. DAVID: Any discussion? Mr. Chung. MR. CHUNG: Yeah, I don't normally say much about these CRFs that I advance, but on this one I would like to say a few words, as well as the next two. This clubhouse is located at the building diagonally across from Kapiolani School. It used to be the old mini golf. It really is a good program that they have there. It services, for lack of a better term, those individuals who have really been dealt an unfortunate hand in life and it gives them purpose. And I also wanted to recognize the efforts of Cafe 100 who is located right by there. They've partnered with these guys and have been really unsung heroes in providing meals and other things for that program. And it really is wonderful. The people there are respectful. It's well organized. And I would urge anyone who's interested to go and see what they've done there. It's a really wonderful program. Thank you. CHR. DAVID: Thank you, Mr. Chung. Anyone else? Seeing none, all those in favor of approving Resolution 119,please say "aye." Page 14 Hawaii County Council-13 May 19,2021 Vote on Res. 119-21: The motion to adopt Res. 119-21 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. 120-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO WAIAKEA HIGH SCHOOL PARENT TEACHER STUDENT ASSOCIATION FOR THE 2021 WAIAKEA HIGH SCHOOL COMMEMORATIVE GIFT FOR GRADUATING SENIORS Transfers $1,100 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 241 Intr. by: Mr. Chung Motion to Approve: Mr. Chung moved to adopt Res. 120-21. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Chung. MR. CHUNG: Of course, this is similar to what Ms. Lee Loy has in two resolutions from now. But normally, we—Ms. Lee Loy and I and others on this Council—provide CRF funds for the grad nights. I think we've given upwards of $4,000 to Hilo High as well as Waiakea. This is just a small token of our recognition that these graduating seniors have really gone they've gone through a real tough patch. So, this is just a small token from the Council to recognize what they've gone through. Thank you. CHR. DAVID: Thank you, Mr. Chung. Anyone else? All those in favor of approving Resolution 120-21, please say "aye." Page 15 Hawaii County Council-13 May 19,2021 Vote on Res. 120-21: The motion to adopt Res. 120-21 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. 121-21: 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 HILO HIGH SCHOOL FOUNDATION FOR THE 2021 HILO HIGH SCHOOL COMMEMORATIVE GIFT FOR GRADUATING SENIORS Transfers $1,500 from the Clerk-Council Services –Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 242 Intr. by: Mr. Chung Motion to Approve: Mr. Chung moved to adopt Res. 121-21. Seconded by Mr. Richards. CHR. DAVID: Mr. Inaba. MR. INABA: Yeah, I just want to point out thank you, Aaron, for bringing this forward. And I think if we all think back to our senior years, that's probably one of the best times of our lives in good fun and free times. And some of that was robbed from these seniors. So, mahalo for pointing that out and putting this forward. Chair, I yield. CHR. DAVID: Thank you very much, Mr. Inaba. Mr. Chung, go ahead. MR. CHUNG: Yeah, I guess to bring some levity to this situation, he probably remembers more about his graduation than I do. But you're right, Holeka. Thank you. CHR. DAVID: Thank you for that. Ms. Kimball, go ahead. MS. KIMBALL: I just wanted to mahalo Council Member Chung as well for putting this forward. As a mom with two kids still in high school—one a freshman—our kids are missing a lot of those milestones that we measure our progress in life by, and graduating is definitely one of those that we all have our Page 16 Hawaii County Council-13 May 19,2021 grad picture, we all have the boxes of all those leis that we got that day. And it breaks my heart that these kids are missing some of that. I hope that the alternative ways of celebrating are as meaningful for them as what we would traditionally experience. But mahalo, Aaron, for putting this forward for our kids. I yield, Chair. CHR. DAVID: Thank you, Ms. Kimball. Anyone else? Well, I just have to say, Mr. Chung, you have taken me back and I think everyone back to memories that have now—is in my mind of how important graduation has been for generations. And, yes, this is a very different time, and I really thank you for pointing that out amidst all these other things we have to decide on. You brought us back home, and I thank you for that. So, all those in favor of approving Resolution 121-21, please say "aye." Vote on Res. 121-21: The motion to adopt Res. 121-21 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. 122-21: 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 WAIAKEA HIGH SCHOOL PARENT TEACHER STUDENT ASSOCIATION FOR THE 2021 WAIAKEA HIGH SCHOOL COMMEMORATIVE GIFT FOR GRADUATING SENIORS Transfers $1,100 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 243 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 122-21. Seconded by Mr. Richards. CHR. DAVID: Ms. Lee Loy, go ahead. Page 17 Hawaii County Council-13 May 19,2021 MS. LEE LOY: First of all, I do want to thank Chair David for allowing me to breach this to keep it all together. I think, as Chair Chung mentioned, this is a kakou effort on how we take care of all of our youth that really have gone through a lot. So, I do ask for your support. Chair, I yield. CHR. DAVID: Mahalo, Ms. Lee Loy. Anyone else? All right, all those in favor please say "aye." Vote on Res. 122-21: The motion to adopt Res. 122-21 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. 123-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ARTS AND SCIENCE CENTER FOR A REIMBURSEMENT OF EXPENSES RELATED TO PROVIDING LIVE STREAMING OF VARIOUS SCHOOL EVENTS Transfers $1,941.46 from the Clerk-Council Services —Contingency Relief account(Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 244 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 123-21. Seconded by Ms. Lee Loy. CHR. DAVID: Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you, Chair. Just real brief. This is to support HAAS (Hawai`i Academy of Arts and Science) Charter School in Pahoa and their ability to take a lot of their programming virtual to keep students and community connected during these really challenging times. So,just looking for my colleagues' support on this. Thank you. I yield. CHR. DAVID: Mahalo. Anyone else? Seeing none, all those in favor of approving Resolution 123-21, please say "aye." Page 18 Hawaii County Council-13 May 19,2021 Vote on Res. 123-21: The motion to adopt Res. 123-21 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. 124-21: 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 MERRIE MONARCH FESTIVAL FOR THE 57TH ANNUAL MERRIE MONARCH FESTIVAL Transfers $9,070 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. 245 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 124-21. Seconded by Mr. Richards. CHR. DAVID: Go ahead, Ms. Lee Loy. MS. LEE LOY: First of all, I want to start with a little story and thank Chair David, Mr. Chung, and Mr. Richards. A few years ago, we ended up naming the hale after Aunty Dottie Thompson. And then this past Sunday, we celebrated her 100'h birthday while dedicating the building and erecting the sign there. And so, this really is the cake and ice cream to what that festival is to our community. But more importantly, they put the festival down last year, and they're going to be doing something a little different this year. So, it really is my honor to provide whatever contingency money I have left so that we can see the success of that festival. And when—we all have contingency monies and wasn't sure how to utilize this one. I went to Aunty Luana and I asked and she said, "You know, Sue, if you could, that would be great because one of the reasons why so many kumu hula and the halau are coming back is because they believe hula is life. But after what happened last year, they really believed hula heals." And so, this is why I will continue to ask for my colleagues' support. This year will be very special. Chair, I yield. CHR. DAVID: Thank you, Ms. Lee Loy. Mr. Chung. Page 19 Hawaii County Council-13 May 19,2021 MR. CHUNG: Yeah, I just wanted to make a comment in that regard and thank Ms. Lee Loy. She said we did name the hale after Aunty Dottie, but she's the one who introduced that resolution. And I will say this: After Donald Ikeda left, there has been no greater champion on this Council for the Merrie Monarch program and festival than Sue Lee Loy. I just wanted to make that comment. Thank you. CHR. DAVID: Thank you, Mr. Chung. Anyone else? Ms. Lee Loy. MS. LEE LOY: Sorry. I did want to share the festival this year will be in June with no audience. And if it's okay, I kind of volunteered us to help Aunty Luana decorate the stadium. So,just so you guys know, hard work is behind this. So, thank you, Chair. I yield. CHR. DAVID: Thank you, Ms. Lee Loy, for your what do you call that voluntold. Yes. Thank you for your voluntolding us. And I really want to echo that you have been the champion for our Merrie Monarch festival, and I really thank you for that and your commitment. So, all those in favor of approving Resolution 124-21, please say "aye." Vote on Res. 124-21: The motion to adopt Res. 124-21 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. Page 20 Hawaii County Council-13 May 19,2021 Res. 125-21: AMENDS RESOLUTION NO. 159-19, REGARDING THE AUTHORIZATION OF ADDITIONAL FUNDS FOR THE EMPLOYMENT OF SPECIAL COUNSEL TO REPRESENT THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT IN THE RENEGOTIATION OF ITS SOLID WASTE MANAGEMENT CONTRACT WITH WASTE MANAGEMENT HAWAII IN REGARDS TO THE PU'UANAHULU WEST HAWAII SANITARY LANDFILL Authorizes the continued retention of special counsel at an amount not to exceed $200,000. Reference: Comm. 253 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Note: Requires 2/3 vote of the entire membership, pursuant to Section 6-5.5, Hawaii County Charter Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 125-21. Seconded by Ms. Villegas. (Note: At this time, Environmental Management Director Ramzi Mansour came forward to address the members of the Council, via videoconferencing.) CHR. DAVID: Thank you. Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALII-KLEINFELDER: Amy Bautista was listed as the representative for this resolution or the contact. I do not see Ms. Bautista, but she did reach out to me. Oh, she's on? Oh, I see Ramzi Mansour is on. Director, if you could give us a brief layout of what's in front of us so we can understand better where you are in your negotiations and why the need for funding. MR. MANSOUR: Yes, definitely. Aloha, Madam Chair, Council Members. This resolution before you is to allow our current private counsel to continue negotiating the current agreement with Waste Management. That negotiation started years ago and is going to continue. And we already have seen the dividend from the prior negotiation within the last two years. The cost saving just negotiated and the tonnage and the charges for tonnage already had (inaudible) on that agreement. So, our goal is to continue negotiating that agreement and having continuity with the same counsel that has been already negotiating and have the knowledge of such an agreement. And I'm willing to take any questions. But definitely, it is very important for us to continue with the same law office so we can have continuity as we move forward. MR. KANEALII-KLEINFELDER: Thank you, Director. I do see, actually, Ms. Strance. You may have some more information for the members here, but Page 21 Hawaii County Council-13 May 19,2021 1-just to keep it as brief as we can, but if I can get the best details. I mean, it looks like, Director, you're asking for $300,000 more, no, sorry, $200,000 more going forward, not to exceed basically 500,000 for the counsel needed to negotiate this contract or negotiate with Pacific Waste. MR. MANSOUR: Yes. Initially, when this agreement—the first resolution that came before you, the intent of our department was to have it capped at$500,000. We kind of broke it into two phases. So, Phase 1 was the 300,000 that we—staff was determined that we're going to come back and ask for that 200,000 to get us through the negotiation. Now, it's going to be probably a lengthy negotiation. This is an $11.4 million contract. There's a lot of items that need to be negotiated within this written contract. We do feel that we could have a lot of different savings within that contract that could benefit the department and the County. So, via money well spent, we're trying to renegotiate an old contract that is one of our biggest contracts within the department budget. Our budget is 37 million and this contract by itself is $11.4 million. So, we definitely need to continue negotiating and streamlining the process so we could get some savings back to the department so we could put it towards different programs. MR. KANEALI`I-KLEINFELDER: Can you discuss some of the things that are being negotiated, or is that not something you can share? MR. MANSOUR: At this time, I'd rather just not go in detail, but for this contract, the negotiations are continuing. And as far as the major items, it's definitely the tonnage received versus the payment and also the closure fund that we're going to start negotiating. This landfill has a lifespan of almost an additional 50 years to the current lifespan, which is at 30. So, this landfill could last to 150 years moving forward. The idea is to continue throwing good money into something that may change, especially with technologies. So, therefore, there's a lot of innovative ideas that we need to negotiate to streamline the process and try to kind of save money for the County and the department. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Excuse me, Chair. This is Elizabeth Strance, Corporation Counsel. Sorry to interrupt, Ramzi. I would just like to be careful about disclosure of attorney-client privilege. I think if the Council would like a report on the status of negotiations and things like that, I would request that an Executive Session be scheduled so a more candid conversation could be held. Page 22 Hawaii County Council-13 May 19,2021 MR. KANEALI`I-KLEINFELDER: Okay. Thank you, Ms. Strance. Yeah, I was wondering what he could share and what he couldn't share as I was being sensitive to that; but just for our information why the increase in $200,000 and what it's looking at, what the scope of work is. So, thank you. MS. STRANCE: I would be happy to talk more. MR. KANEALI`I-KLEINFELDER: In Executive Session. MS. STRANCE: The Corporation Counsel's office was consulted regarding whether to proceed with this contract. We looked and discussed whether we thought it was something we could handle in-house. We don't think that we can given the long history that the current law firm has with this matter and the breadth of it. So, that's why we concurred with the department's request for it. MR. KANEALI`I-KLEINFELDER: How far back does this go as far as the negotiations? MS. STRANCE: I don't have that in front of me. Ramzi, I think, would have that. It's been a while. MR. KANEALI`I-KLEINFELDER: I remember Director Kucharski talking about it and MR. MANSOUR: I'm sorry. I could not hear the question. MR. KANEALI`I-KLEINFELDER: When did the negotiations begin regarding this contract, Ramzi? MR. MANSOUR: I believe it started a couple of years ago. I don't have the exact date, but our division chief also, I think, is on standby. So, he may be able to answer that question. But I do believe a couple of years ago MS. STRANCE: Looks like the original resolution is 2019, so I would suspect sometime in that neighborhood. MR. KANEALI`I-KLEINFELDER: Okay. Okay, thank you. I didn't want to overstep what you can and cannot share, like I said. I'll yield for now if any of the other Council Members have questions. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Mr. Inaba, go ahead. MR. INABA: Hi, Betsy. Sorry. I have another question. Who iseither of you can answer—who is leading the charge on this? Is it Corporation Counsel's office or DEM (Department of Environmental Management) or a combination of the two of you? Page 23 Hawaii County Council-13 May 19,2021 MS. STRANCE: Primarily, DEM is lead in consulting with the outside counsel. MR. INABA: Okay. And then, obviously, this is just part of the second part of that 500,000. Is this going to be enough to get this contract done for sure, Ramzi? MR. MANSOUR: It's hard to tell. It depends where that's going to take us. This negotiation, if we don't come to terms, it may lead us to the path of litigation. So, it's unknown at this time. I mean, this is just to get us going through what we have in mind to streamline the contract and control it better and get some cost saving out of it. MR. INABA: Okay, I'm going to stop you. I don't want you to have to share things that you don't need to. Just one last thing. I don't know if this is too much, but do we have, maybe, a timeline of when this could be done? Rough estimate. MR. MANSOUR: Once again, it's continuing negotiations. So, our next step is to sit down and meet with them, and that's going to be coming soon. MR. INABA: Okay, thank you. That's good, Ramzi. Thank you very much. Chair, I yield. CHR. DAVID: Thank you, Mr. Inaba. Ms. Strance, did you want to add to that? MS. STRANCE: I would just say that it's hard to estimate times when sometimes, the success of negotiations is dependent upon other parties. It's really hard to put a finite timeframe. CHR. DAVID: Thank you for that. Okay, anyone else? Seeing none, all those in favor of approving Resolution 125-21, please say "aye." Vote on Res. 125-21: The motion to adopt Res. 125-21 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. Page 24 Hawaii County Council-13 May 19,2021 Res. 126-21: AUTHORIZES THE ACCEPTANCE OF MONETARY DONATIONS OF $42,300 TO HAWAII COUNTY The donations by HieHie Communications, Hawaii Tropical Botanical Gardens, the Edmund Olson Family Foundation, Hawaiian Electric in care of the HTBG, the Ulupono Initiative, and an anonymous donor, would be used towards costs and expenses of the Hawaii Island Sustainability Summit. Reference: Comm. 255 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 126-21. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: There is an accompanying bill to this. Ms. Logan is here today; if you could come up and just briefly discuss what's here. This is a group of different donations coming in, as you can see by the resolution. And just give us a little background if you will. I'd just like to hear your thoughts. (Note: At this time, Executive Assistant to the Mayor Katherine Logan came forward to address the members of the Council.) MS. LOGAN: Good morning. Thank you, everyone. Thank you, Chair. CHR. DAVID: Thank you. Pull your mic a little closer; you have a soft voice. Yes, thank you. MS. LOGAN: Better? CHR. DAVID: Better. MS. LOGAN: So, these donations were made to facilitate the sustainability summit. Thankful for everyone who donated, and looking forward to having more events and more donors. Are there any specific questions? MR. KANEALII-KLEINFELDER: I just wanted you to present it because it was through the Office of the Mayor. So, thank you for being here this morning. MS. LOGAN: Thank you, everyone. MR. KANEALII-KLEINFELDER: I appreciate all the donations. There's a lot of wonderful names in our community on this list, even including some who are Page 25 Hawaii County Council-13 May 19,2021 the unnamed donors. But I do appreciate everyone that helped make that event happen. It's fun to say that out loud so they can hear us, too, and understand that we appreciate them. I yield for now, Chair. Thank you. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing none, thank you for being here. MS. LOGAN: Thank you, Chair. Thank you. CHR. DAVID: All those in favor of approving Resolution 126-21, please say Ic aye. Vote on Res. 126-21: The motion to adopt Res. 126-21 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. 127-21: 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 FOR THE HONOMU RESILIENCE HUB, TO SUPPORT SUMMER LEARNING AND RECREATION FOR KEIKI Transfers $8,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 257 Intr. by: Ms. Kimball Motion to Approve: Ms. Kimball moved to adopt Res. 127-21. Seconded by Ms. Villegas. CHR. DAVID: Go ahead, Ms. Kimball. MS. KIMBALL: Thank you. I was heartened yesterday by one of the comments that I think was made by both Council Member Kierkiewicz and Council Member Richards is sometimes it's nice to be able to give a big chunk to really make sure a program succeeds. And this is an example. Page 26 Hawaii County Council-13 May 19,2021 A couple of councils ago, I put forth a CRF to support food distributions in an area that was a food desert. This area of Honomu is a desert for services for children, and they will not be having a Summer Fun program up there this year. So, Hawaii Rise and Vibrant Hawaii, what this was is a resilience hub. That funding has run out. But Gabriella Love, who initiated that program, intends to maintain it through the summer,providing food for these kids. A lot of them are from disadvantaged homes. A lot of them are falling behind in school. And she's got a whole program in place to help them catch up before they start again in the fall, and make sure that they're fed over the summer. So,just looking for everyone's support. Mahalo. CHR. DAVID: Thank you for doing that, Ms. Kimball. Anyone else? Seeing none, all those in favor of approving Resolution 127-21, please say "aye." Vote on Res. 127-21: The motion to adopt Res. 127-21 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. 128-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BRIDGE HOUSE INC., TO ASSIST WITH EXPENSES RELATED TO ITS VOCATIONAL EDUCATION PROGRAM IN KONA Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 259 Intr. by: Mr. Inaba Motion to Approve: Mr. Inaba moved to adopt Res. 128-21. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Inaba. MR. INABA: Mahalo. As Andi testified earlier just to support their efforts in Kona; they provide all kinds of services for those recovering from substance Page 27 Hawaii County Council-13 May 19,2021 abuse. And this will go towards their mala and helping them, hopefully, get aligned with returning to the workforce and gaining those values. So, I ask for all of your support. Mahalo. CHR. DAVID: Mahalo for that. Ms. Villegas, go ahead. MS. VILLEGAS: I just want to thank Council Member Inaba for this contribution. And I want to thank Danny, I'm sorry, Andi for all of her phenomenal work; the identification of the need for education and experience. Dealing with value systems, I think, is just a really profound and helpful avenue to take when working with people who find themselves in a circumstance that makes employment more challenging. And so, I just want to personally thank you for that visionary approach and all the amazing work you do to help folks get back on their feet, get back into the workforce and, yeah,just thank you for that. Thank you, Mr. Inaba, for your funding for that program. CHR. DAVID: Thank you, Ms. Villegas. Anyone else? Seeing none, all those in favor of approving Resolution 128-21, please say "aye." Vote on Res. 128-21: The motion to adopt Res. 128-21 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. 129-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FULL LIFE TO ASSIST WITH EXPENSES RELATED TO ITS ADULT DAY PROGRAMS IN KONA Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 260 Intr. by: Mr. Inaba Motion to Approve: Mr. Inaba moved to adopt Res. 129-21. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Inaba. Page 28 Hawaii County Council-13 May 19,2021 MR. INABA: Thank you. I just wanted to mahalo Jim and Denise with Full Life for all that they do for those, both children and adults, who have developmental disabilities, and getting them to feel a part of and included in our community. So, this money will go kind of to a similar cause like the previous resolution and to create a mala and little art center down on Alii Drive. So, mahalo to you folks. CHR. DAVID: Mahalo, Mr. Inaba. Mr. Chung, go ahead. MR. CHUNG: Yeah, thank you, Holeka, for this. I just wanted to give a brief history ofI mean a very brief history—of this program as it relates to the County Council. This program was actually spearheaded by the father of a former Council Member, Curtis Tyler III. And it was spearheaded by his father, Curtis Tyler, Jr., I guess. And they both worked on this program with other people; the names Knudsen and Casper come to mind. I just became familiar of it because I worked with Curtis many years ago. And it was the impetus was to help out their family member, a person who needed these services. So, there is a connection with this Council. I wanted to bring that up and thank Holeka for this. CHR. DAVID: Thank you, Mr. Chung. Ms. Villegas, go ahead. MS. VILLEGAS: Yeah, I just want to thank you as well, Mr. Inaba. And I want to thank Jim. In my prior life before Council, I had the opportunity to work directly with Full Life and put together some of their events. And the services that they provide and the caliber and quality of experiences that they create for people with unique learning abilities within our community really are exemplary. And you can tell that the passion for the service and the incorporation is incredibly evident and such a wonderful example. So, thank you, Jim, for being here today and for your testimony. You look great by the way; somebody that looks healthy and fit after the Kona virus. That's unique. So, whatever you're doing, keep it up. And thanks for your continued service to our community and this special population. So, with that I yield. CHR. DAVID: Thank you, Ms. Villegas. Anyone else? All right, yes. And I just wanted to say, Mr. Chung, thanks for making that connection because that's historical and I think it's important. So, all those in favor of approving Resolution 129-21, please say "aye." Page 29 Hawaii County Council-13 May 19,2021 Vote on Res. 129-21: The motion to adopt Res. 129-21 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 32: AMENDS ORDINANCE NO. 04-149, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—5 ACRES (A-5a) TO SINGLE FAMILY RESIDENTIAL— 20,000 SQUARE FEET (RS-20) AT KALAOA I"AND 2nd, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-011:068 (Applicant: Ernest and Elizabeth Young) (Area: 1.8628 Acres) The Leeward Planning Commission forwards its favorable recommendation to approve this amendment, which would allow a five-year time extension to Condition C (Time to Secure Final Subdivision Approval) and amend Condition L (Fair Share Contributions). The property is located at the southwest corner of the intersection of Mahilani Drive and Mamalahoa Highway. Reference: Comm. 218 Intr. by: Ms. Kierkiewicz Approve: PC-16 and Comm. 218.2: From Council Member Holeka Goro Inaba, dated May 5, 2021, transmitting a proposed amendment to Bill 32. Motion to Approve: Ms. Kierkiewicz moved to pass Bill 32 on first reading and adopt Planning Committee Report No. 16. Seconded by Mr. Richards. CHR. DAVID: Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. We had a discussion about this particular application and it was robust in Committee. I know that Council Member Inaba had an addition that he wanted to make to one of the conditions. So, happy to move to that. CHR. DAVID: Thank you, Ms. Kierkiewicz. Mr. Inaba. Page 30 Hawaii County Council-13 May 19,2021 MR. INABA: Thank you. Motion to Amend: Mr. Inaba moved to amend Bill 32 with the contents of Comm. 218.2. Seconded by Ms. Kierkiewicz. CHR. DAVID: Mr. Inaba, go ahead. MR. INABA: Yes, thank you. This is just to clarify language on Condition K to indicate who shall be ceasing work if any historic resources are found. And we know that the Planning Department is cleaning up this language on future bills that will come before us, so hopefully, we won't have to do this anymore ourselves. Yeah, thank you. CHR. DAVID: Thank you, Mr. Inaba. Anyone else? Seeing none, then, on the motion to amend Bill 32 with the contents of Communication 218.2, all those in favor please say "aye." Vote on Motion to The motion to amend Bill 32 with the contents of Amend: Comm. 218.2 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: We're back to the original bill, as amended. Any discussion? Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Is anyone from the Planning Department here? MS. KIERKIEWICZ: They're not here in person. I can get them to log in via Zoom. MR. KANEALI`I-KLEINFELDER: Yeah, I just had a couple of questions about the minutes. CHR. DAVID: Do you want to take a short recess, Ms. Kierkiewicz? MS. KIERKIEWICZ: You can table it, Chair. CHR. DAVID: Okay. All right. Page 31 Hawaii County Council-13 May 19,2021 Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to table Bill 32, as Table: amended. 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. CHR. DAVID: All right, this matter is tabled. Move on to our next— Bill extBill 37: 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 Fund Balance Reserved for Liquor Control account ($35,000); and appropriates the same to the Liquor Control-Equipment account. Funds would be used to purchase furniture for the Department of Liquor Control's new West Hawaii office location. Reference: Comm. 250 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 37 on first reading. Seconded by Ms. Lee Loy. CHR. DAVID: Thank you. Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALII-KLEINFELDER: This was waived out of Committee and to Council by the department. They are, basically, pushing to get these funds available this year as soon as can so they can move into their new West Hawaii facility. So, I did email them this morning to ask them to be present for any questions if there are questions. If there are not, then we can move forward, otherwise we can get them online. (Note: At this time, Liquor Control Director Gerald Takase came forward to address the members of the Council, via videoconferencing.) CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else have questions? Go ahead, Mr. Kaneali`i-Kleinfelder. Page 32 Hawaii County Council-13 May 19,2021 MR. KANEALI`I-KLEINFELDER: Mr. Takase, I can see you are logged in this morning. Thank you for being here. Do you want to just briefly summarize for us? It doesn't sound like there's too many questions on this side but just MR. TAKASE: Yeah, I didn't—as all of you are aware at this point, we are vacating our office at the West Hawaii Civic Center to allow the Corp. (Corporation) Counsel to move there. And so, we're moving to Hanama Place once again. But our furniture at West Hawaii was all built in, so we find ourselves needing to purchase equipment. And it's kind of fast-tracked because we were set to move there by July 1st. So, we're trying to get everything done. And my accountant also asked me to put a reminder in to waive the five-day holdover requirement as well from the transfer of these funds. MR. KANEALI`I-KLEINFELDER: Thank you, Director. Unfortunately, as it's a bill, I cannot waive the five-day hold, but it will have to be heard for a second reading. But I do understand the need for speed, as you're saying. MR. TAKASE: Okay. MR. KANEALI`I-KLEINFELDER: So, mahalo for being here this morning. I appreciate it. I yield, Chair. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing none, all those in favor of approving Bill 37 at first reading,please say "aye." Vote on Bill 37: The motion to pass Bill 37 on first reading was carried by (Approved) 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: Mr. Kaneali`i-Kleinfelder, you want to make a motion to waive? MR. KANEALI`I-KLEINFELDER: Not at this time. Just given it's a bill, it has to be heard for a next reading no matter what. CHR. DAVID: Oh, okay, he's just making the request right now. MR. KANEALI`I-KLEINFELDER: Yeah, he's making a request. At the next reading, we can go ahead and make that motion. Page 33 Hawaii County Council-13 May 19,2021 CHR. DAVID: Yes, thank you. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. CHR. DAVID: Keep us on track here. All right, Mr. Clerk, Bill 38. MR. HENRICKS: Before we go on, Mr. Chung, I think, wanted to make a motion CHR. DAVID: Okay, thank you. MR. HENRICKS: Regarding the CRF resolutions. Point of Personal MR. CHUNG: Yeah,just a point of personal privilege, Madam Privilege: Chair. CHR. DAVID: Thank you. Go ahead. MR. CHUNG: For my three resolutions—and it might also be the same for Ms. Lee Loy'sResolutions 119-21, 120-21, 121-21, I'd like to request to waive the five-day holdover requirement. CHR. DAVID: All right. MS. LEE LOY: Second. CHR. DAVID: Moved by Mr. Chung and seconded by Ms. Lee Loy MR. CHUNG: Did they also include hers? CHR. DAVID: Yes. MS. LEE LOY: 122. CHR. DAVID: 122. So, it's to waive the five-day holdover on Resolutions 119, 120, and 122. MR. CHUNG: 119, 120, 121, 122, yeah, correct. CHR. DAVID: Okay, all right. Any discussion? Oh, no discussion. MR. CHUNG: Or does anyone else want to pile in their resolutions too? Is that, okay, Mr. Clerk? We're kind of MR. HENRICKS: As long as everybody's clear on what's being asked. Page 34 Hawaii County Council-13 May 19,2021 MR. CHUNG: Coming down to the end of the fiscal year. CHR. DAVID: Right. All the resolutions on CRFs, we're waiving the five-day hold. MR. HENRICKS: Sure. No problem. CHR. DAVID: Every single one of them. MR. HENRICKS: All CRFs. CHR. DAVID: Okay. It's a blanket, the same motion. MR. CHUNG: Is that okay, Mr. Clerk? CHR. DAVID: Is that fine? MR. HENRICKS: As long as everybody's clear on what the motion is and the vote's carried, you are in good shape. CHR. DAVID: Okay, good. And then, any no,no discussion. All those in favor of waiving the five-day hold on all our CRF resolutions, please say "aye." Vote on Motion to Mr. Chung moved to suspend Council Rule 15 to waive the Suspend Council 5-day hold for reconsideration on Resolutions 79-21 Rules: (Draft 2), 113-21, 114-21, 115-21, 116-21, 117-21, 118-21, (Approved) 119-21, 120-21, 121-21, 122-21, 123-21, 124-21, 127-21, 128-21, and 129-21. Seconded by Ms. Lee Loy 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. MR. HENRICKS: We're good. MR. CHUNG: Thank you. Page 35 Hawaii County Council-13 May 19,2021 Bill 38: 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 Real Property Tax Penalties account($168,750); and appropriates the same to the Transfer to Public Access/Open Space Preservation Fund account($150,000), and the Transfer to Public Access/Open Space Preservation Maintenance Fund account($18,750). Reference: Comm. 254 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 38 on first reading. Seconded by Ms. Villegas. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: This bill was waived to Council as well. Deanna is here if there's any questions, but this is basically to move ahead to meet our Charter requirements. So, if there's any questions, Deanna is here. And mahalo for your time and attention. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing none, all those in favor of approving Bill 38 at first reading,please say "aye." Vote on Bill 38: The motion to pass Bill 38 on first reading was carried by (Approved) 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 36 Hawaii County Council-13 May 19,2021 Bill 39: 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 Office of Management Private Contribution account ($42,300); and appropriates the same to the County of Hawaii Sustainability Program account. Funds would be used towards costs and expenses of the Hawaii Island Sustainability Summit. Reference: Comm. 255 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 39 on first reading. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Fairly self-explanatory, a companion to Resolution 126-21. I do have one question for Deanna. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MR. KANEALII-KLEINFELDER: I don't know if you can answer this, but if you can, please. Given this is a private—well, it's going to the account for the Office of Management Private Contribution. And specifically, no, sorry, the source is, and then function activity, sustainability program. Does this cover ongoing costs of sustainability or just covers the summit that was had? MS. SAKO: I believe there was a little bit extra, so it will cover ongoing things related to sustainability. MR. KANEALII-KLEINFELDER: Okay, thank you. I yield, Chair. Thank you, sirsorry, thank you, Madam Chair. Sorry. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. I've been called worse. All right. Anyone else? All those in favor of approving Bill 39 at first reading, please say "aye." Page 37 Hawaii County Council-13 May 19,2021 Vote on Bill 39: The motion to pass Bill 39 on first reading was carried by (Approved) 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. Bill 40: 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 Transfer from General Fund account($6,000); and appropriates the same to the Homeless Taskforce account. Funds would be used to assist with outreach and engagement services in West Hawaii. Reference: Comm. 256 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 40 on first reading. Seconded by Ms. Lee Loy. (Note: At this time, Housing Administrator Susan Kunz came forward to address the members of the Council, via videoconferencing.) MR. KANEALII-KLEINFELDER: I don't know where that came from on the last one. I apologize. CHR. DAVID: Don't worry about it. MR. KANEALII-KLEINFELDER: This was, as well, waived out of Committees to Council. This is from Susan Kunz, our Housing Administrator. She is online. Thank you for being here this morning, Director. If there's any questions for her, please go ahead, Council Members. I yield. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else has questions for Ms. Kunz? If not, Ms. Kunz, thank you for patching in this morning. If you'd like to say a few words, go ahead. MS. KUNZ: Just to let the group know that the primary focus of this contract is going to be to focus on conducting outreach to persons experiencing homelessness in Council District 7. The goal of the outreach is to engage at Page 38 Hawaii County Council-13 May 19,2021 relationship building and assessment to encourage participation in program services. So, it's definitely a needed service, and the service provider will be conducting all of this outreach for us in this community. Thank you. CHR. DAVID: Thank you so much for that. Thank you and thank you for being here. MS. KUNZ: Sure. CHR. DAVID: Anyone else has any questions? Ms. Villegas, go ahead. MS. VILLEGAS: Thank you so much for facilitating this outreach in District 7, which has a great need for it. I wonder if you'll be collaborating with any of the other people working kind of within this service sector in District 7. MS. KUNZ: Yes, definitely. There is a group, the Community Alliance Partners, which is made up of many agencies delivering services actually islandwide. And we've been doing a lot of work in your community. So, what we're hoping is that this particular nonprofit will engage a little more with this group. Although she's been doing a lot of work in the community for a very long time, we would really like to see her collaborating with the agencies. So, that's what our goal is going to be, to make sure that we're inclusive and that we're bringing her as part of the team. MS. VILLEGAS: Fantastic. And I'm sorry, when you say "her,"who are you referring to? MS. KUNZ: So, this is the individual who is runningI do not see her name listed here particularly, but this is the homeless taskforce nonprofit that we're going to be-808 Homeless Task Force. MS. VILLEGAS: Okay. That's absolutely perfect. That's Regina Weller. MS. KUNZ: Yes. MS. VILLEGAS: And my office has worked closely with her as well. I'm elated to hear that that's who you'll be working with. She's had incredible success identifying creating relationships with and being able to provide, when the resources were allocated to her, being able to get people home, get them their identification, put them on a plane, send them home or get them into housing. So, I'm really excited to hear that you're working with Regina. That's fantastic. All right, keep me posted on anything I can do to provide any other support. All right. MS. KUNZ: Okay, will do. Page 39 Hawaii County Council-13 May 19,2021 MS. VILLEGAS: All right, thank you. I yield. CHR. DAVID: Thank you, Ms. Villegas. Anyone else? All right, seeing none, all those in favor of approving Bill 40 at first reading, please say "aye." Vote on Bill 40: The motion to pass Bill 40 on first reading was carried by (Approved) 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. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): Bill 30: ADOPTS A PAY PLAN FOR PERSONS EMPLOYED BY THE COUNTY OTHER THAN THOSE WHOSE PAY IS OTHERWISE PROVIDED FOR, DESIGNATES PAYROLL PERIODS, PAY DAYS, PRESCRIBES REQUIREMENTS WITH RESPECT TO OFFICIAL FIDELITY BONDS, AND REPEALS ORDINANCE NO. 20-40 AND ALL AMENDMENTS THERETO, SAID ORDINANCE TO BE KNOWN AS THE SALARY ORDINANCE OF 2021 Establishes rates of compensation for appointed employees in the Legislative Branch and the Office of Housing and Community Development, the County Physician, Student Helpers, and Senior Community Services Aids for various County agencies. Reference: Comm. 195 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 5, 2021 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 30 on second and final reading. Seconded by Ms. Villegas. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: We've had robust discussion earlier regarding this bill. I look forward to everyone's continued support. Page 40 Hawaii County Council-13 May 19,2021 CHR. DAVID: Thank you very much. Anyone else? Seeing none, all those in favor of approving Bill 30 at second and final reading, please say "aye." Vote on Bill 30: The motion to pass Bill 30 on second and final reading was (Adopted) 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. Bill 33: 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 State Emergency Medical Services account($4,806,545); and appropriates the same to the Retirement Benefits account($3,270,008) and the following Fire Emergency Medical Services accounts: Salaries and Wages ($1,165,446) and Equipment($371,091). Reference: Comm. 222 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 5, 2021 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 33 on second and final reading. Seconded by Ms. Villegas. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: We've had robust discussion on this item as well, and this is good for our Fire Department. So, mahalo for everyone's continued support. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of approving Bill 33 at second and final reading, please say "aye." Page 41 Hawaii County Council-13 May 19,2021 Vote on Bill 33: The motion to pass Bill 33 on second and final reading was (Adopted) 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: Can we go back ? MS. LEE LOY: Chair? CHR. DAVID: Oh, go ahead. Vote on Motion to Ms. Lee Loy moved to remove Bill 32, as amended, from Remove from the table. Seconded by Ms. Kimball and carried by the Table: 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: Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you, Chair. I think one of my colleagues has questions for the Planning Department. So, Director Kern is here and I believe the applicant, the Young `ohana, is also available via Zoom for any questions or clarification. Thank you. I yield. CHR. DAVID: Thank you very much. Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Thanks for being here, Mr. Kern. I appreciate it. I was reading through the minutes, and I just want to touch on a few things that were brought up. Access to the property, there was some discussion about being via Mamalahoa Highway or not. Can you touch on that briefly where it stands so far? (Note: At this time, Planning Director Zendo Kern came forward to address the members of the Council.) Page 42 Hawaii County Council-13 May 19,2021 MR. KERN: Absolutely. I'm Zendo Kern, Planning Director. You're referring to discussion at the last Planning Commission, correct? MR. KANEALI`I-KLEINFELDER: Correct. MR. KERN: Yeah, so, the—at the last meeting. So, there's currently one access off Mamalahoa Highway. There's a three-lot subdivision that you folks are referring to in the rezoning. State DOT (Department of Transportation) sent in their request to say remove that access off the highway. It was currently there as an agricultural access. There was some discussion in the original rezoning, which I can get into in a minute about that. And based on State DOT requesting that that access point be removed, that's what we put into the condition. The request came a little bit late, which is why we had to do the amended condition. Typically, when there's a request from the State such as that, we'll put it in there as a condition and honor that. MR. KANEALI`I-KLEINFELDER: Okay, I've seen that in other places, even in Puna. It cost someone their business, basically, in Puna. But in regards to this, is there a way to go back and forth with the State or that's a final decision from them and done? MR. KERN: Well, no, you can go back and forth with the State on that. You folks, as the Council, have the ability to amend those conditions. MR. KANEALI`I-KLEINFELDER: Okay. MR. KERN: Originally, it was amended in that manner originally in '04. There was a condition put in place to restrict the access or the dialogue back and forth, and Council decided to allow for that access to remain. MR. KANEALI`I-KLEINFELDER: Okay. Thank you. And then, sorry, a follow-up question: A fair share, I mean, it was mentioned in here and I'm remembering too, that it's based on the Honolulu price index. Is that correct? MR. KERN: The increase each year, yeah, is based on Honolulu's, yeah, Consumer Price Index. MR. KANEALI`I-KLEINFELDER: Can you please send us that list? I know we can look it up, but can you send it to us so we can see it? I'm just watching and trying to gauge our fair share contributions. MR. KERN: Sure. I'd say if you just have your staff email us, we'll go ahead and provide you that list. Page 43 Hawaii County Council-13 May 19,2021 MR. KANEALI`I-KLEINFELDER: Okay. Perfect. And finally, does fair share only apply to a residential subdivision? MR. KERN: No. Fair share applies to residential units. So, when you're doing a rezoning that has a commercial component, say, CV (Village Commercial) or the ability to do, say, multi-family or other residential units, then there will be a condition in there that states that fair share will be paid for any residential unit. However, if the entirety was kept in commercial, then there wouldn't be any. MR. KANEALI`I-KLEINFELDER: Okay, so, like a large-scale commercial subdivision, which isn't really called a subdivision but commercial property buildout— MR. uildoutMR. KERN: You want to think about it more as residential units. MR. KANEALI`I-KLEINFELDER: Okay. MR. KERN: So, let's say you had a decent-sized parcel, a couple of acres, zoned commercial. So, you could do some retail. You could do some office. You'd also have the ability to do some residential. If they kept it all commercial—if they subdivided the property and kept it all commercial, fair share wouldn't apply. Now, if they went and did multi-family housing or single-family residential housing within that, then the fair share would apply. MR. KANEALI`I-KLEINFELDER: Okay. And what is the reasoning behind that only applying to residential because there'd still be an effect on infrastructure given commercial or residential? MR. KERN: I didn't come up with the reasoning. This has been the practice, but it's due to the impact of folks, of homes,people living in the area, right, which is going to create traffic. People living in the area, there's an impact to that. Not to say that a commercial component doesn't have an impact, but the people living in the area create that impact; they go to the stores. So, that's the nexus around it is people living there, homes being created. Residential units being created is creating an impact in that area. MR. KANEALI`I-KLEINFELDER: Is there anything stopping the Council from doing impact fees on a commercial establishment or a commercial—I don't know, what's the best word for that? Not"property,"not"subdivision," commercial not zoning. MR. KERN: Commercial use? MR. KANEALI`I-KLEINFELDER: Yeah, commercial use, I guess. But per structure, per building, whatever it would look like. But is there anything stopping us from doing that? Page 44 Hawaii County Council-13 May 19,2021 MR. KERN: I'm not sure. MR. KANEALI`I-KLEINFELDER: Okay. HRS (Hawai`i Revised Statutes)? MR. KERN: I would have to do some research on that before I would want to be able to answer that. MR. KANEALI`I-KLEINFELDER: If you could do your research on that, I'd like to know the answer to that. That could be—I mean, I thought about it last night and over the weekend, but if we do an impact fee on a residential buildout in a subdivision per home, there is an impact from any amount of structures on our County infrastructure with roads, sewer, anything. So, I just would be I'm interested in knowing if there could be a fee there. MR. KERN: Yeah, there's impact. I mean, I wouldI venture to think about it, though, in that the large impact does come from residential use. It's kind of like when you're dealing with a wastewater system, right, and you have a septic system. It's not necessarily based off of the amount of bathrooms. It's based off the amount of bedrooms. And so, in this case, you could have a commercial use over here with no residential component around it. It's not having a huge impact. You create more residential units, that's certainly having an impact to the area, which is why I believe it was really pointed towards the residential component. Doesn't mean that we can't have a greater discussion around that, that that's the rationale behind it. MR. KANEALI`I-KLEINFELDER: Okay. If you canactually, not if you can; please get back to us on whether we can or cannot. And if that's a Corporation Counsel question, then yes, please. But I'd like to know if there's a possibility for the County to do that. MR. KERN: Sure. I'll follow up with our attorney as well. MR. KANEALI`I-KLEINFELDER: Thank you very much. I appreciate it. MR. KERN: Of course. MR. KANEALI`I-KLEINFELDER: I yield, Chair. Thank you. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Mr. Inaba, go ahead. MR. INABA: Sorry. Director Kern,just as a follow up to a conversation we had yesterday you had signed off. It's just with regards to your former clients. Will we be able—Jeff couldn't answer for certain. But since you're here, I'd like to ask if you'd be able to provide that list to the Council. MR. KERN: Yeah, I don't see a reason why not. I'll be working on that. Page 45 Hawaii County Council-13 May 19,2021 MR. INABA: Okay, thank you. CHR. DAVID: Thank you, Mr. Inaba. Thank you, Director Kern, for being here. MR. KERN: Thank you. MR. KANEALI`I-KLEINFELDER: Chair? CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Given Mr. Inaba's comments yesterday, is it possible to do a floor amendment,just briefly, to remove the word "unlikely" from Condition K: "In the unlikely event. . ."? I know we amended but the word "unlikely"was still in your amendment, I believe, and that was part of the discussion. MR. INABA: Yeah, the amend—we caught the word "unlikely"when reviewing yesterday's bill, so I'm fine with that if you'd like to do that. MR. KANEALI`I-KLEINFELDER: Mr. Clerk, can we do a simple floor amendment to just strike out the world"unlikely"? MR. HENRICKS: It would require a suspension of the rules, which state that anything other than a typographical change must be presented in writing. MR. INABA: I don't want to prolong this for the Youngs, so I'm okay to let it go this time. But moving forward, we'll have it straightened out. MR. KANEALI`I-KLEINFELDER: Is there anysorry, is there any prolonging that would occur if we struck that word out today? MR. HENRICKS: Well, like I said, if you'd like to do it now without it being written in our traditional format, you'd need to suspend the Council's Rules to allow for the amendment to be made without—in a written document without that to back it up. MR. KANEALI`I-KLEINFELDER: And if we were to suspend the rules, is there any holdup on this? MR. HENRICKS: Not that I'm aware of. MR. KANEALI`I-KLEINFELDER: Okay. Page 46 Hawaii County Council-13 May 19,2021 Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to suspend Council Suspend Council Rule 14 in order to allow for a verbal amendment to Rules: Bill 32, as amended. Seconded by Ms. Villegas and carried (Approved) by the following roll call vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—8. Noes: Council Member Richards — 1. Absent: None. Excused: None. CHR. DAVID: Thank you. The Rules are suspended. Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Mahalo. I'd like to make the motion to strike the word"unlikely" from Condition K in the sentence "In the unlikely event that surface or subsurface historic resources . . . ." Motion to Amend: Mr. Kaneali`i-Kleinfelder moved to amend Bill 32, as amended, by removing the word "unlikely"from Condition K. Seconded by Mr. Inaba. CHR. DAVID: Discussion, please. Mr. Richards, go ahead. MR. RICHARDS: I'm going to vote against this, and it has nothing to do with what Mr. Inaba's concern is. But as he stated, he is fine with going forward with this and letting this go forward. And I do appreciate the fact that you're very time sensitive to the Youngs and wanting to move this forward, but I get concerned when we start voting to suspend our Rules and suspend our Rules. It's one thing to waive the five-day holdover, but we're talking about a procedural thing here and I don't want to start going down rabbit holes. So, though I agree with what Mr. Inaba is saying, I think conceptually we have a way forward so we don't go down rabbit holes. This is materially not going to affect what's going to happen in this deal. And I don't want to support a waiver of our Rules when in fact they're there for good reason; so, I'm not going to support this. I yield. CHR. DAVID: Thank you, Mr. Richards. Mr. Chung, go ahead MR. CHUNG: Yeah, Mr. Clerk, what's your thoughts on this? I support the motion but there is a difference between CRF resolutions because it's really done internally versus an ordinance, a bill. And I just seek your guidance in this matter because we did run across problems with, I think it was the Subdivision Code many years ago. What's your thoughts? Page 47 Hawaii County Council-13 May 19,2021 MR. HENRICKS: Well, the Council Rule, it's a Council rule. It's not based on basic parliamentary principles, which shouldn't be suspended. So, it's within the Council's purview to suspend this rule. And then,just from a standpoint of procedure, as long as the motion that's made thereafter is relatively simple and clear, I don't see that to be problematic. It's just a, I guess, way to expedite the preferences of the Council at this point in time. MR. CHUNG: Yeah, I mean,perhaps my question really isn't germane to this specific issue, but I'm just thinking going forward. Thank you. MR. HENRICKS: Yeah, exercising caution moving forward on all fronts is always appreciated from a procedural standpoint, yeah. CHR. DAVID: Ms. Kimball, go ahead. MS. KIMBALL: I would just add to that. Appreciating Council Member Richards' perspective, I think we are following protocol, which is you suggest that we suspend the Rules, we vote on it. And I do not see this as an exception to the Rules process, but rather a following of that. So, thank you. Chair, I yield. CHR. DAVID: Thank you, Ms. Kimball. Anyone else before I go back to Mr. Kaneali`i-Kleinfelder? Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Again, this is based on comments from yesterday as well as my own feelings on watching this word continue to be in every document, as brought forward by the Planning Department. But I don't feel it takes into account the reality of where we live. So, with that said, I appreciate everyone's support today. And I feel this is a very simple, clear removal of that word "unlikely,"which clarifies, I think, how many of us feel about land and the usage and historic remains here. So, I appreciate the Council's latitude today. Mahalo. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Okay. And, yes, before we take the vote, I think we had a discussion about this yesterday. And I think what I remember was this particular matter happened before we discussed the amendment that Mr. Inaba was making. And so, I see that the word"unlikely" I agree it should be taken out because it kind of seems to me like it's a presumption that it's unlikely. But it's clearer if we just say, "in the event." So, it's just how I read that word"unlikely." And I think it's going to be done from now on, is what we were told. So, this floor amendment, I'll be supporting. Okay, so, anyone else? Oh, no, cannot. All those in favor of approving Bill 32, as amended MR. HENRICKS: We're on the amendment to delete the word "unlikely." Page 48 Hawaii County Council-13 May 19,2021 CHR. DAVID: Okay. On the floor amendment to delete the word"unlikely," all those in favor please say "aye." Vote on Motion to The motion to amend Bill 32, as amended, by removing the Amend: word "unlikely" from Condition K was carried by the (Approved) following vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David–8. Noes: Council Member Richards – 1. Absent: None. Excused: None. CHR. DAVID: Okay, coming back to Bill 32. Now, we have two amendments. So, how do we take them up? Both at the same time? Bill 32, as amended, with the floor amendment— MR. mendmentMR. HENRICKS: "As amended" is sufficient. CHR. DAVID: Sufficient, okay. All right, all those in favor of approving Bill 32, as amended, please say "aye." Vote on Bill 32: The motion to pass Bill 32, as amended to Draft 2, on first Draft 2 reading and adopt Planning Committee Report No. 16 was (Approved) 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. Thank you, everybody. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (There were none.) CHR. DAVID: Now, on the agenda, where are we? MR. HENRICKS: We're on "Referrals for Executive Session," Madam Chair. CHR. DAVID: Okay. Mr. Clerk, please read in Communication 249. Page 49 Hawaii County Council-13 May 19,2021 MR. HENRICKS: We do have Communication 246 as well. CHR. DAVID: Okay, because we have to deal with that too, yeah, because that would MR. HENRICKS: It is on the agenda CHR. DAVID: Yeah, okay. MR. HENRICKS: Even though perhaps erroneously. CHR. DAVID: Right. All right. REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: Comm. 246: LIN-KEE V. NISHIMURA, ET. AL., CIVIL NO. 3CCV-20-0000132 From Deputy Corporation Counsel D. Kaena Horowitz, dated April 28, 2021, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including a discussion regarding litigation filed by Kathleen Lucero, on behalf of her client, Hizson Lin-Kee. (Note: Comm. 246.1, from Deputy Corporation Counsel D. Kaena Horowitz dated May 14, 2021, transmitting a request to withdraw this matter from Executive Session, was circulated.) MS. LEE LOY: Motion to close file. CHR. DAVID: No, I think this has been withdrawn, right? MR. HENRICKS: No, I would recommend a motion to close file. CHR. DAVID: First? MR. HENRICKS: I don't think it can be withdrawn by the Council. It's not a resolution or a bill, so CHR. DAVID: Okay. Thank you, Ms. Lee Loy. MR. HENRICKS: Just a motion to close file, explanation, and then just voting. And that would dispense with it off the agenda. CHR. DAVID: Okay,perfect, thank you. Page 50 Hawaii County Council-13 May 19,2021 Motion to Close Ms. Lee Loy moved to close file on Comm. 246. Seconded File: by Mr. Richards. CHR. DAVID: Discussion? MR. HENRICKS: Yeah, and maybe just to recognize that we received a communication from Corporation Counsel and then what the contents of that—an additional one. I believe it was 246.1. Motion to Close MS. LEE LOY: Chair, let me help you with that. Motion to close File Restated: file on Communication 246,pursuant to a letter of May 14 from Corporation Counsel asking that this matter be withdrawn from Executive Session (see Comm. 246.1). CHR. DAVID: Thank you, Ms. Lee Loy; and the second was Mr. Richards. Thank you. All those in favor, please say "aye." Vote on Comm. 246: The motion to close file on Comm. 246 was carried by the Filed following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David–8. Noes: None. Absent: Council Member Chung– 1. Excused: None. Comm. 249: REQUESTS AN UPDATE BY CORPORATION COUNSEL OF LONG-PENDING CASES INVOLVING CLAIMS BY EMPLOYEES OF HAWAII COUNTY From Council Member Susan L. K. Lee Loy, dated April 22, 2021. Waived: FC Motion to Enter Ms. Lee Loy moved to enter into Executive Session in into Executive order to hold attorney-client privilege discussion regarding Session: Communication 249, as authorized by Section 92-5(a)(4) of the Hawaii Revised Statutes. Seconded by Mr. Richards. CHR. DAVID: All those in favor MR. HENRICKS: It is a debatable motion to enter into Executive Session. CHR. DAVID: I see. MR. HENRICKS: So, discussion is permitted. Page 51 Hawaii County Council-13 May 19,2021 CHR. DAVID: Discussion? MS. LEE LOY: Thank you, Chair, if I could. I put this communication forward. Actually, it emerged because of our budget review process. And we have a department—Corporation Counsel—who's tasked with providing us legal assistance. And so, I thought this was an opportunity for us to become a little bit more aware of what they are dealing with so that we could help them plan throughout their budget for the next fiscal cycle. And that was the reasoning behind this communication. CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else? Any questions, discussions? Okay. Seeing none, we're going to go into Executive MR. HENRICKS: After you call the vote, if it's successful then we'll enter into Executive Session. CHR. DAVID: All those in favor of going into MS. LEE LOY: Chair, if I could? CHR. DAVID: Oh, go ahead, Ms. Lee Loy. MS. LEE LOY: Depending on what Judge Strance brings forward, there may be a matter that I might have to recuse myself from while we're in Executive Session. But I'll allow, Judge Strance, if you want to come forward. Thank you. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) CHR. DAVID: Ms. Lee Loy, you want to have that discussion in open session, then, before we go into exec (executive)? MS. LEE LOY: Just to make my other colleagues aware, depending on how the discussion goes in Executive Session, I may have to recuse,just pull out after. CHR. DAVID: Okay, I won't take the vote till then. Okay, thank you. MS. LEE LOY: Because, there's pending "s." CHR. DAVID: Okay, thank you. Go ahead. MS. STRANCE: Good morning. Elizabeth Strance, Corporation Counsel. If there are matters that are discussed that need to be discussed during Executive Session where either Council or Council Members have conflicts, minutes will need to reflect that they have left the room and are not participating in those discussions. And so, the record will be made clear in Executive Session. Page 52 Hawaii County Council-13 May 19,2021 MS. LEE LOY: Thank you, Judge Strance. Chair, go ahead. CHR. DAVID: Thank you, Ms. Lee Loy. Okay, anyone else has any comments? Otherwise, I'll take the vote to move into Executive Session. All those in favor, please say "aye." Vote on Motion to The motion to enter into Executive Session was carried by Enter into the following voice vote: Executive Session: (Approved) Ayes: Council Members Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Kaneali`i-Kleinfelder—2. Excused: None. CHR. DAVID: Can I recess and then we can go into no need? MR. HENRICKS: It's okay. We're entering into Executive Session, yeah. CHR. DAVID: Thank you. Recess: At 10:43 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 11:31 a.m. CHR. DAVID: All right, Council Members. We're out of Executive Session. Ms. Lee Loy? Vote on Comm. 249: Ms. Lee Loy moved to close file on Comm. 249. Seconded Filed 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. CHR. DAVID: I believe that takes us to the end of our agenda. Mahalo. OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There were none.) Page 53 Hawaii County Council-13 May 19. 2021 ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) ADJOURN- There being no further business. at 11 :32 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. everybody. Council Approval: JUN 1 6 2021 16. COU CLC' . JH/dg Page 54