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HomeMy WebLinkAboutAGE COUNCIL 2021-12-08 2020-2022 ACTIONS MAILE MEDEIROS DAVID t.,OF p HOLEKA GORO INABA Chair&Presiding Officer o?IN �k+,, MATT KANEALI`I-KLEINFELDER ASHLEY L.KIERKIEWICZ AARON S. Y. CHUNG �* Vice Chair HEATHER L.KIMBALL ��.o:� SUSAN L.K.LEE LOY HERBERT M."TIM"RICHARDS,III REBECCA VIL,LEGAS COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 28'h Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii December 8, 2021 1:00 P.M. Pursuant to Governor Ige's most recent proclamation, in order to minimize physical contact and maximize social distancing, this meeting will not be open to the public for in-person attendance. Oral Public Testimony: The public may provide oral testimony via Zoom. To register to testify, please email relley.aracele a,hawaiicountgov or call (808) 961-8255 no later than 12:00 noon on Tuesday, December 7, 2021. Written Testimony: The Council encourages the public to submit thoughts, comments, and input via written testimony. To ensure timely delivery to Council Members prior to the meeting, written testimony must be submitted no later than 12:00 noon on Tuesday, December 7, 2021, by: (1) email to counciltestiinon a,hawaiicountLgov, (2) facsimile to (808) 961-8912; or(3) mail to the County Clerk's Office in Hilo at 25 Aupuni Street, Hilo, Hawaii, 96720. All written testimony, regardless of time of receipt, will be made a part of the permanent record. Please submit separate testimony for each item. Live stream of County Council Meetings: Council meetings are available for live viewing. Click on Council Meetings on the County's homepage at htT://www.hawaiicounty.gov. If the livestream is unavailable, please go to https:Ilwww.youtube.coin/channel/UCJNalwg4OoK7a 7nGnEtGPA. Hawai`i County is an Equal Opportunity Provider and Employer Hawaii County Council-28 December 8,2021 INVOCATION Kahu Charlie Kama of Hale Pule Ke Ola Hou CALL TO ORDER 1:00 P.M. ROLL CALL PLEDGE OF ALLEGIANCE PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS APPROVAL OF MINUTES November 3, 2021 APPROVED: 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. COMMUNICATIONS ORDER OF RESOLUTIONS Res. 262-21: URGES THE DEPARTMENT OF PLANNING TO ASSESS THE FEASIBILITY OF ESTABLISHING A METROPOLITAN PLANNING ORGANIZATION FOR THE COUNTY OF HAWAII Requests the Planning Department to determine the necessary resources for the administration of the Metropolitan Planning Organization, which would leverage federal funding and collaborate with private and government sectors to increase access to multimodal pedestrian, bicycle, and transit options. Reference: Comm. 492 Intr. by: Ms. Kierkiewicz Approve: PC-33 (Vote on Res. 262-21 is on the next page.) Page 2 Hawaii County Council-28 December 8,2021 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. 263-21: APPROVES THE LEGISLATIVE PROPOSALS FOR INCLUSION IN THE (Draft 2) 2022 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE Includes a total of eight proposals, four submitted by the County of Maui, one by the City and County of Honolulu, two from the Hawaii State Association of Counties Executive Committee, and one by the County of Hawaii. Reference: Comm. 497.3 Intr. by: Ms. Kimball Approve: GOREDC-19 AMENDED TO DRAFT 3 AND 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. ; and Comm. 497.4: From Council Member Heather L. Kimball, dated November 29, 2021, transmitting proposed amendments to Res. 263-21, Draft 2. Res. 264-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KEAUKAHA SCHOOL FOUNDATION FOR KEAUKAHA ELEMENTARY SCHOOL'S PRESCHOOL ACTIVITIES IN THE 2021-2022 SCHOOL YEAR Transfers $2,500 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. 499 Intr. by: Ms. Lee Loy (Vote on Res. 264-21 is on the next page.) Page 3 Hawaii County Council-28 December 8,2021 ADOPTED: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Res. 265-21: 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 ENVIRONMENTAL RESTORATION FOR EXPENSES RELATED TO THE CONSERVATION AND PRESERVATION OF KEAUGHANA STATE FOREST RESERVE Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 500 Intr. by: Ms. Kierkiewicz ADOPTED: Ayes: Council Members Chung, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Inaba and Kaneali`i-Kleinfelder—2. Excused: None. Res. 266-21: 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 LIONS CLUB OF KONA COMMUNITY FOUNDATION INC. FOR EXPENSES RELATING TO ITS MAINTENANCE PROJECT AT THE HAROLD H. HIGASHIHARA PARK Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 501 Intr. by: Ms. David ADOPTED: Ayes: Council Members Chung, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Inaba and Kaneali`i-Kleinfelder—2. Excused: None. Page 4 Hawaii County Council-28 December 8,2021 Res. 267-21: 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 LIONS CLUB OF KONA COMMUNITY FOUNDATION INC. FOR EXPENSES RELATING TO ITS MAINTENANCE PROJECT AT THE HAROLD H. HIGASHIHARA PARK 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. 502 Intr. by: Ms. Villegas 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. 268-21: 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 ISLAND OF HAWAII YMCA FOR ITS FAMILY VISITATION CENTER Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 516 Intr. by: Ms. Kimball 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. Page 5 Hawaii County Council-28 December 8,2021 Res. 269-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO VIBRANT HAWAII TO SUPPORT HA`AHEO ELEMENTARY SCHOOL PARENT TEACHER ORGANIZATION'S TENT PROGRAM Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 517 Intr. by: Ms. Kimball ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: None. Excused: Council Member Kierkiewicz— 1. Res. 270-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO EAST HAWAII CULTURAL CENTER TO SUPPORT ITS OUT-OF-DOORS PROGRAM Transfers $2,500 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. 518 Intr. by: Ms. Kimball 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. Page 6 Hawaii County Council-28 December 8,2021 Res. 271-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII ISLAND LGBTQ PRIDE TO SUPPORT ITS 10TH ANNUAL PRIDE PARADE AND FESTIVAL Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Other Current Expenses account. Reference: Comm. 519 Intr. by: Ms. Kimball 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. 272-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAIIAN PARADISE PARK NEIGHBORHOOD WATCH FOR ITS MONTHLY COMMUNITY ENGAGEMENT EVENTS Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 520 Intr. by: Ms. Kierkiewicz 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. Page 7 Hawaii County Council-28 December 8,2021 Res. 276-21: CREATES ONE NEW ACCOUNTANT I AND TWO NEW SENIOR ACCOUNT CLERK POSITIONS FOR THE DEPARTMENT OF FINANCE These positions would implement a transient accommodations tax collection, reconciliation, and enforcement program for Hawaii County. Reference: Comm. 526 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC 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. 277-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION Allows for the receipt of$500,000, to be used towards economic recovery efforts related to the COVID-19 pandemic. Reference: Comm. 528 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC POSTPONED TO DECEMBER 22, 2021: 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. 278-21: AUTHORIZES THE ACCEPTANCE OF A DONATION OF ONE SAND FILTER TO THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT The donation from Hawaii Water Service, valued at approximately $200,000, would be installed at the Kealakehe Wastewater Treatment Plant. Reference: Comm. 529 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC (Vote on Res. 278-21 is on the next page.) Page 8 Hawaii County Council-28 December 8,2021 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. 279-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI-FUNCTION COPY MACHINE FOR THE DEPARTMENT OF PUBLIC WORKS Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$216, to be used by the department's Traffic Division. Reference: Comm. 530 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. Res. 280-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI-FUNCTION COPY MACHINE FOR THE DEPARTMENT OF PUBLIC WORKS Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$176, to be used by the department's Engineering Division's Hilo office. Reference: Comm. 531 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. Page 9 Hawaii County Council-28 December 8,2021 Res. 281-21: AUTHORIZES THE COUNTY OF HAWAII TO AWARD FUNDS TO THE DANIEL R. SAYRE MEMORIAL FOUNDATION Provides a grant of$250,000 to be used in conjunction with other funding sources to purchase a helicopter to donate to the Hawaii Fire Department. Reference: Comm. 535 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC 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. BILLS FOR ORDINANCES (FIRST READING) Bill 89: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO INDUSTRIAL COMMERCIAL MIXED — 20,000 SQUARE FEET (MCX-20) AT WAIAKEA HOUSELOTS, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEYS: 2-2-035:049 AND 096 (Applicant: Leila Shimizu) (Area: 22,300 Square Feet) The Windward Planning Commission forwards its favorable recommendation for this amendment, which would allow the applicant to convert an existing single- family dwelling into an office building to rent for private use and to develop a parking lot and related improvements. The properties are located at the northeast corner of the Kekuana6`a Street- Kalanikoa Street intersection. Reference: Comm. 473 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-34 PASSED IST READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Chair David—7. Noes: None. Absent: Council Members Kimball and Villegas —2. Excused: None. Page 10 Hawaii County Council-28 December 8,2021 Bill 90: AMENDS ORDINANCE NO. 12-33 WHICH RECLASSIFIED LANDS FROM SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO RESIDENTIAL-COMMERCIAL MIXED —20,000 SQUARE FEET (RCX-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-038:028 (Applicant: Takata Dental Health Center, Inc.) (Area: One Acre) The Windward Planning Commission forwards its favorable recommendation for this amendment, which would allow the applicant a five-year time extension to comply with Condition B (Time to Complete Construction) and a 180-day extension to comply with Condition C (Water Commitment). The applicant wishes to relocate its existing dental practice to the subject property, which is located at 1732 Kilauea Avenue. Reference: Comm. 474 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-35 PASSED IST READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, and Chair David—7. Noes: None. Absent: Council Members Richards and Villegas —2. Excused: None. Bill 91: AMENDS CHAPTER 15, HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE 12 PROHIBITING USE OF GLYPHOSATE-BASED PESTICIDES IN COUNTY PARKS AND RECREATIONAL FACILITIES Prohibits the use of glyphosate-based pesticides by the County or its contractors in County parks and facilities listed in Section 15-68.1 of the Hawaii County Code, effective July 1, 2022. Provides certain exemptions, including the Hilo Municipal Golf Course, Hilo Drag Strip, and County cemeteries. Reference: Comm. 491 Intr. by: Ms. Villegas Approve: CRNRMC-1 AMENDED TO DRAFT 2 AND PASSED IST READING: 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. Page 11 Hawaii County Council-28 December 8,2021 ; and Comm. 491.62: From Council Member Rebecca Villegas, dated November 29, 2021, transmitting proposed amendments to Bill 91. Bill 92: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Increases revenues in the Federal Grants —Mainstream Voucher Program account ($600,000) and the Federal Grants —Mainstream Voucher Administration account ($75,000); and appropriates the same to the Office of Housing's Mainstream Voucher Program account($600,000) and Other Current Expenses accounts ($75,000). Funds would be used for payment of rental assistance for eligible participants, and administrative fees. Reference: Comm. 495 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-90 WITHDRAWN BY INTRODUCER Bill 95: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Increases revenues in the following State Grants accounts: Periodic Motor Vehicle Inspection Program Income ($868) and Commercial Driver's License Program Income ($868), and appropriates same to the following accounts: Periodic Motor Vehicle Inspection Program Equipment($868) and Commercial Driver's License Program Equipment($868), bringing the total of both appropriations to $2,002 and $1,268, respectively. Funds would be used by Vehicle Registration and Licensing Division to purchase computers. Reference: Comm. 527 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC PASSED IST READING: 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 12 Hawaii County Council-28 December 8,2021 Bill 96: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Appropriates revenues in the Federal —Fiscal Year 2021 Economic Development Administration American Rescue Plan Act account($500,000), and appropriates same to the Fiscal Year 2021 Economic Development Administration American Rescue Plan Act account. Funds would be used towards economic recovery efforts related to the COVID-19 pandemic. Reference: Comm. 528 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC POSTPONED TO DECEMBER 22, 2021: 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 97: AMENDS ORDINANCE NO. 21-39, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2021, TO JUNE 30, 2022 Adds the following Public Works projects to the Capital Budget: 4 Mile Creek Bridge ($6 million) and 4 Mile Creek Bridge—State ($12 million). Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund— Fund Balance and/or Other Sources ($6 million) and State Grants Receivable ($12 million), to be used to reconstruct the existing bridge from one lane to two lanes. Reference: Comm. 532 Intr. by: Ms. Lee Loy Waived: FC Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter PASSED IST READING: 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 13 Hawaii County Council-28 December 8,2021 ORDER OF THE DAY(SECOND OR FINAL READING) Bill 81: AMENDS CHAPTER 2, OF THE HAWAII COUNTY CODE 1983 (Draft 2) (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE TO IMPLEMENT A COUNTY TRANSIENT ACCOMMODATIONS TAX Establishes a three percent transient accommodations tax to be levied on all gross rental, gross rental proceeds, and fair market rental value considered taxable, under the definitions of Section 237D-1, Hawaii Revised Statutes, beginning on January 1, 2022. Reference: Comm. 449.10 Intr. by: Ms. Kimball First Reading: November 18, 2021 PASSED 2ND AND FINAL READING: 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 82: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Increases revenues in the State Grants —West Hawaii Ocean Safety account ($27,399), and appropriates same to the West Hawaii Ocean Safety Salary and Wages account, bringing the total appropriation to $1,252,785. Funds would be used to fund operations at Hapuna Beach Park. Reference: Comm. 464 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: November 18, 2021 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Page 14 Hawaii County Council-28 December 8,2021 Bill 83: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Appropriates revenues in the Federal—Hawaii Island Landlord/Tenant Mediation Grant- American Rescue Plan Act account($69,000), and appropriates same to the Hawaii Island Landlord/Tenant Mediation Grant- American Rescue Plan Act account. Funds would be used to implement a landlord-tenant mediation program for those impacted by the expiration of the moratorium on evictions. Reference: Comm. 465 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: November 18, 2021 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Bill 84: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Appropriates revenues in the Federal Grants —Workforce Innovation & Opportunity Act account($40,127), and appropriates same to the Workforce Innovation & Opportunity Act—Adult Program 2020-21 account. Funds would be used to provide adult workforce training to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 466 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: November 18, 2021 PASSED 2ND AND FINAL READING: 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 15 Hawaii County Council-28 December 8,2021 Bill 93: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Increases revenues in the Federal Grants —Rural Transit Assistance Program account($60,000), and appropriates same to the Mass Transit Agency's Rural Transit Assistance Program account, bringing the total appropriation to $90,000. Funds would be used for costs of trainings and travel to conferences related to rural transit operations, planning, and maintenance. Reference: Comm. 496 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: November 18, 2021 POSTPONED TO DECEMBER 22, 2021: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. REPORTS FC-89 NOMINATION OF JODIE ROSAM TO THE PUBLIC ACCESS, OPEN (Comm. 488): SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION Requires Council Confirmation by: December 10, 2021 (Section 2-215(k), Hawaii County Code) CONFIRMED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. PWMTC-12 NOMINATION OF NEVA SUPE-ROQUE TO THE TRANSPORTATION (Comm. 455): COMMISSION (Vote on PWMTC-12 is on the next page) Page 16 Hawaii County Council-28 December 8,2021 CONFIRMED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. PRPSC-21 NOMINATION OF BRIAN HARRINGTON TO THE VETERANS ADVISORY (Comm. 489): COMMITTEE CONFIRMED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. PRPSC-22 NOMINATION OF LAURIE SOARES TO THE VETERANS ADVISORY (Comm. 490): COMMITTEE CONFIRMED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. REFERRALS FOR EXECUTIVE SESSION Comm. 299.4: NAKAMOTO VS. KAWAUCHI, ET AL.; AYAU VS. KAWAUCHI, ET AL. CONSOLIDATED CIVIL NOS. 12-1-0466, 12-1-0467 From Deputy Corporation Counsel Section Chief Lerisa L. Heroldt, dated November 2, 2021, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including litigation filed by Ted H. S. Hong, Esquire, on behalf of his clients Patricia Nakamoto and Shyla Ayau. (Vote on Comm. 299.4 is on the next page.) Page 17 Hawaii County Council-28 December 8,2021 CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kimball, Richards, and Villegas —5. Noes: None. Absent: Council Members Chung, Kierkiewicz, Lee Loy, and Chair David—4. Excused: None. Comm. 478: CHODA, LANCE S. VS. COUNTY OF HAWAII; CIVIL ACTION NO. 1:21-CV-384 From Deputy Corporation Counsel Steven K. Idemoto, dated October 22, 2021, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including settlement discussion. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Kierkiewicz—2. Excused: None. The Council anticipates convening executive meetings regarding the above matters, pursuant to Section 92-5(a)(4), for the purpose of consulting with Council's attorney on questions and issues pertaining to the Council's powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to Hawaii Revised Statutes, Section 92-4, and Rule Nos. 2 and 10 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. OTHER BUSINESS (Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT: 5:00 p.m. Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation `By Request" on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. If you need an auxiliary aid/service or other accommodation due to a disability, call 961-8255 as soon as possible, preferably by December 6, 2021. If a response is received after December 6, 2021, we will try Page 18 Hawaii County Council-28 December 8,2021 to obtain the auxiliary aid/service or accommodation, but we cannot guarantee that the request will be fulfilled. Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy. Council Members may also be present at the Kona Council Chambers, West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building A, and/or participating via interactive conference technology from other locations. The full text of the agendas is made available on the County website at www.hawai i county. ov. Click on Council Records to navigate to current agendas. For copies of the agenda(s) or questions, please contact Council Services at 961-8255. Submitting Video Testimony: Those submitting video testimony may email a complete web address (url)to videotestiinon a,hawaiicountgov before 12:00 noon on the business day prior to the meeting. The email shall indicate the appropriate Committee or Council meeting, the meeting date, agenda item (communication, bill, resolution, or report number), and number of testifiers on the video submittal. Each video submittal shall be limited to a single agenda item. Video submittals may contain up to three individual testifiers and shall each be up to three minutes in length. Video testimony will not be played during the meeting; however, it will be distributed to Council Members prior to the meeting. The Office of the County Clerk reserves the right to refuse testimony containing inappropriate content or that is not in compliance with Council Rule 13 (Public Statements and Testimony). Page 19