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HomeMy WebLinkAboutMIN COUNCIL 2021-11-18 2020-2022 Hawaii County Council 27th Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii November 18, 2021 INVOCATION: Pastor Brian Keiser of Lutheran Church of the Holy Trinity gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:04 a.m., in the Council Chambers, Kailua-Kona, by Ms. Maile Medeiros David, Chair. ROLL CALL: Present: Ms. Maile Medeiros David, Chair Mr. Holeka Goro Inaba, Member Mr. Matt Kaneali`i-Kleinfelder, Member (via videoconference from Hilo) Ms. Ashley L. Kierkiewicz, Member(via videoconference from Hilo) Ms. Heather L. Kimball, Member Ms. Susan L. K. Lee Loy, Member (via videoconference from Hilo) Mr. Herbert M. "Tim" Richards, III, Member Ms. Rebecca Villegas, Member Absent& Excused: Mr. Aaron S. Y. Chung, Vice Chair PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Mr. Henricks 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-27 November 18,2021 Merry Anne Stone: Bill 81, Draft 2 (Comm. 449.10), in support. APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Vote on Approval Mr. Inaba moved to approve the Minutes of October 20, of Minutes: 2021. Seconded by Ms. Kimball and carried by the (Approved) 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. COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. Comm. 456: NOMINATION OF KEA KEOLANUI TO THE WATER BOARD From Mayor Mitchell D. Roth, dated October 12, 2021, requesting the Council's review and confirmation. Waived: RAWEEMC (Comm. 456.1) Requires Council Confirmation by: November 27, 2021 (Section 134(k), Hawaii County Charter) Vote on Mr. Richards moved to confirm the appointment of Comm. 456: Ms. Kea Keolanui to the Water Board. Seconded by (Approved) Ms. Kimball and carried by the 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. (Executive Assistant to the Mayor Pomaika`i Bartolome came forward and provided a brief narrative of the nominee's background and experience. Council Members spoke in favor of the appointment, with Mr. Richards disclosing that he knows Ms. Keolanui and her family. Ms. Kierkiewicz disclosed that she and Ms. Keolanui serve as volunteer board members of Vibrant Hawai`i.) Page 2 Hawaii County Council-27 November 18,2021 ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 167-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF HAWAIIAN HOME LANDS Requests access to various Department of Hawaiian Home Lands properties to allow the County to remove abandoned and derelict vehicles. Reference: Comm. 327 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Postponed: July 21, 2021 (Note: There is a motion by Mr. Kaneali`i-Kleinfelder, seconded by Ms. Kierkiewicz, to adopt Res. 167-21.) ; and Comm. 327.2: From Council Member Susan L. K. Lee Loy, dated October 27, 2021, requesting Res. 167-21 be agendized. (Note: The following from Environmental Management Director Ramzi Mansour were circulated: 1) Comm. 327.3, dated November 15, 2021, transmitting the Memorandum of Agreement between the County and the Department of Hawaiian Home Lands; 2) Comm. 327.4, dated November 17, 2021, transmitting a PowerPoint presentation; and 3) Comm. 327.5, dated November 17, 2021, transmitting Exhibit A of the Memorandum of Agreement.) (Note: At this time, Deputy Director Brenda Iokepa-Moses and Derelict and Abandoned Vehicle Coordinator Juliana Holzman-Escareno, Department of Environmental Management, came forward to address the members of the Council.) CHR. DAVID: So, Council Members—Ms. Lee Loy or Mr. Kaneali`i- Kleinfelder? Go ahead. MS. LEE LOY: Thank you, Chair. This actually was a request by the Department of Hawaiian Home Lands, actually, to be placed back on the agenda. I think there was a lot of questions around this particular resolution. And if I'm not mistaken, they are planning to be available. Relley? They're not in there. How about MS. IOKEPA-MOSES: Yeah, they're supposed to be participating with the Zoom. CHR. DAVID: Can you identify yourself,please, first? Page 3 Hawaii County Council-27 November 18,2021 MS. IOKEPA-MOSES: Hi. Good afternoon, good morning. I am Brenda Iokepa-Moses, the Deputy Director with Department of Environmental Management here today to speak on behalf of this, as well as Juliana Holzman- Escareno. She'll be speaking as DAV (Derelict and Abandoned Vehicle) Coordinator. Do we have Olinda Nina Fisher and Kelbert Yoshida in the Zoom? MS. LEE LOY: No, we don't have them yet, Brenda. MS. IOKEPA-MOSES: Okay. They have all of the credentials. Maybe Ramzi can reach out to Peter to make sure that they don't have any technical problems there. But we can definitely proceed, and they can join us when they get connected. MS. LEE LOY: And I'd like to direct my colleagues. The department forwarded Communication 327.4. Is that correct, Brenda? MS. IOKEPA-MOSES: Yes. MS. LEE LOY: Perhaps we could start there to begin to ground everybody in this conversation. MS. IOKEPA-MOSES: Yes. And we haveI think the last time we came in front of you we had Chief Goodale here. This was such a, to us, was such an amazing partnership that we had with DHHL (Department of Hawaiian Home Lands), a beautification project. The last project that they had, they removed over 398 vehicles in a very short timeframe. So, I think he was a little bit unprepared for a lot of questions. We figured you would be excited the Council would be as excited as we were about the prior success and future dealings with DHHL in this beautification project in a very large way. Today, we've come very prepared. And I think with this Administration, we like to showcase our employees. I know that many of you know Julie with our DAV program. She's a great asset. She's one of our rockstars that are behind the scenes, and so we have her here today. She can answer any and all questions. She's very fluent with the institutional knowledge of the DAV program, as well as the first project and the project that we anticipate to do with DHHL. So, we have a little presentation that kind of answers some of the questions that came out last time. And due to technical difficulties, no blame on Greg, I think there was one time where we couldn't see the Council but we could hear them; and then they got the visual back and then we could barely hear you guys. So, we weren't getting all of the questions that you guys had. So, I think today we've come much prepared. We've got our big gun; we have Julie here. And hopefully Nina and Kelbert will be joining us. I know that we talked yesterday, and they had every intention of coming on board. Page 4 Hawaii County Council-27 November 18,2021 I think this also, this time, the MOA (Memorandum of Agreement) was attached to the correspondence. You were able to see the MOA signed off by DHHL. So with that, I will turn it over to Julie—she's our DAV Coordinator to do some of the questions-and-answer presentation. MS. LEE LOY: Thank you, Brenda. And then just for the record, Chair, I was just informed that Nina folks have joined us in the Zoom. CHR. DAVID: Thank you, Ms. Lee Loy. How do you want to proceed now? MS. IOKEPA-MOSES: Hi, great. Nina, are you able to hear us? And Kelbert? If you can, please unmute your mic. Okay, well, maybe they will pop on when they can. That's why we drove over today; we wanted to make sure that there's no technical difficulties on this side. But we'll go ahead and have Julie start. In the presentation, as you can see in the blue is DHHL's response to some of the questions that Nina and Kelbert articulated. And then in the black is, of course, the County of Hawaii. But since they're not having—we're not able to hear them, we'll have Julie do the presentation for both, okay. MS. HOLZMAN-ESCARENO: Good morning. Juliana Holzman-Escareno, Derelict and Abandoned Vehicle Coordinator. So, this is actually DHHL's response that I'm going to read out because they're unavailable. (Note: At this time, Ms. Holzman-Escareno provided a PowerPoint presentation to the members of the Council. For viewing of the subject presentation, please see the DVD copy of the meeting proceedings on file in the Clerk's office or navigate to the Council's video archives online by clicking "Our County,"then "Council Meetings" on the County's home page at www.hawaiicounty.gov. A hardcopy of the presentation is made a part of the record; see Comm. 327.4.) MS. IOKEPA-MOSES: I just wanted to add one thing about this project is that doing this project the way that we the partnership that we have, the benefit is that they don't have to wait a year to get these vehicles moved off because, as you know, our department takes care of the entire island. So, we couldn't dedicate all of our resources just to address these stockpiled vehicles on DHHL. So, it's a partnership that DHHL is very much encouraging because they want to clean up their lands in an expedient manner. And so this works well for us. I also wanted to let you guys know that we do have Director Mansour in the house. We made him in the back today; give him a break today because we have our expert in the house—Julie. And hopefully, I just wanted to do a check to see if Nina or Kelbert has any audio at this time. Page 5 Hawaii County Council-27 November 18,2021 (Note: At this time, Assistant Supervisor Olinda"Nina" Fisher, Department of Hawaiian Home Lands, came forward to address the members of the Council.) MS. FISHER: Yes, good morning. This is Nina Fisher from DHHL, East Hawaii District Office. Yeah, we were having a little bit difficulties there. But if you have any questions for us—and I'm not sure if Kelbert is on already. Kelbert, are you on? Okay. So, if there's any questions. And thank you, Julie, for going through our process that we had with the previous MOA that we did the cleanup out in Maku`u. We couldn't have done abetter job without the County on that particular project. MS. LEE LOY: Chair? CHR. DAVID: Thank you, Ms. Lee Loy. Go ahead. MS. LEE LOY: Yeah, and thank you. And to my colleagues, I think this kind of came forward real clunky. And so, I really want to apologize to the rest of my colleagues because we're trying to, between the Department of Hawaiian Home Lands and the Department of Environmental Management and the Department of Finance, we're trying to set up this process again that just kind of came forward without any context. And what I want to say here is the questions that came up really had to do a lot about who's paying for what. And if I could just summarize in just a few words. The reason the Department of Hawaiian Home Lands is working with the Department of Environmental Management is because we, the County of Hawaii, have a very good price term agreement with the tow companies. And so through this agreement, the Department of Hawaiian Home Lands is able to use this very low-cost, cost- effective way of removing many of these abandoned vehicles. At our last meeting, I think it was on whose property do they push it out into the right-of-way. The overarching issue here is everybody wants to clean it up and do the right thing, but they want to have the biggest bang for their buck. And that comes with the price term agreement that's with the County through the Department of Environmental Management. I'm going to yield now and see if any of my other colleagues have any other questions. CHR. DAVID: Thank you, Ms. Lee Loy. Hilo, anyone else? MS. KIERKIEWICZ: Chair? CHR. DAVID: Thank you. Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you. I really appreciate having the details from Environmental Management. There's a lot more clarity surrounding this issue Page 6 Hawaii County Council-27 November 18,2021 now than we did have when this first came up. I'm just going to question the need for this. And the reason why I pose this is because Juliana and her team, in partnership with Police, Ken's Towing, and various associations in Puna which are private subdivisions, they've been coordinating this very exact activity. And I don't recall any other resolutions coming forward to the Council for us to approve the County working with private subdivisions. So, I'm just curious as to why we need it in this particular situation when this sort of coordination is happening already and the Department of Environmental Management and Police have been successfully coordinating things with the Department of Hawaiian Home Lands without an agreement in place. I question the need for more paperwork and bureaucracy. And so, if there could be a little bit more clarity from the department or Corporation Counsel on why it's needed for this particular situation, that would be extremely helpful. CHR. DAVID: Thank you, Ms. Kierkiewicz. Ms. Iokepa-Moses, are you going to respond? MS. IOKEPA-MOSES: Yes. So, we have here in front of us the Hawaii Revised Statutes. Section 46-7 requires the County departments to obtain consent of the Council to enter into agreements with the Federal and State governments respecting action to be taken pursuant to any powers granted by the law to furnish, expend, or receive any funds or assistance in connection with these projects undertaken pursuant to the powers now thereof. I think the difference here, Ashley, is that this is a much bigger project with much more vehicles in a much more concentrated manner. DHHL could wait for the DAV program to take it periodically, like Julie said, as it comes in front of us, but it would take basically potentially years to get all of those vehicles in our timeframe to be removed. So, this is one thing that DHHL—and I would like Nina to speak about it, too, the benefits to DHHL to do this in an expedient manner to get this cleared off and concentrated off, and that's why they're contributing to this project. But, Nina, please speak to that. MS. FISHER: Yup. Thank you, Brenda. So, when we went into this MOA last year to clear our lots out in Maku`u, there was a clear understanding as to how it was going to be executed, which Julie touched base on briefly. Yeah, we clearly understand that there's a limit of cars that the County's able to dispose of. So, yes, our responsibility to our beneficiaries, as well as the department and the Act, yeah, is so very important to us. So, this partnership with the County is a way because funding is always a No. 1 issue. I also want to thank Councilwoman Lee Loy for touching base on that. In regards to expediting getting cars off of DHHL land, yeah, we clearly understand that because of the numbers that can be disposed of, and I'm speaking Page 7 Hawaii County Council-27 November 18,2021 of the cars, yeah. Our department will wait till the County moves and addresses their kuleana first. And should there be extra numbers that cars can be taken, then Julie would reach back over to us. So, this is why when we first approached the County, yeah, due to the health and safety issues, all these vehicles that get dumped—and a lot of them are dumped onto our lands. And this is why we have to reach out to everyone that played a part in this MOA. And again, HPD (Hawai`i Police Department) is involved. Our vendors are involved. You, the County, who plays one of the biggest roles in this MOA, is involved. So again, I like to believe that today's hearing is to bring that clarity so that the Council Members clearly understand how this started and how we're hoping it can be continued. And the beautification of our mokupuni, our island of Hawaii, is so people are just dumping so much cars on the side of the road,which is where the County comes in. So, for us to have this partnership, an MOA, we will wait our turn when the County has that number that we can move cars off of our land. And I think that it's so very important for us to be in every meeting should it pertain to DHHL in these Council meetings so that we can speak for ourselves as well. Thank you. MS. KIERKIEWICZ: Thank you very much, Brenda, Nina, for shedding a little bit more clarity on this and pointing to the statute where intergovernmental agreements require this sort of action. Absolutely agree with this being needed for the community and do appreciate moments where the State and County can better coordinate and work together. I will be supporting this, but I also just want to make sure that there are strategies being employed to get to the root causes and prevent the dumping from happening in the first place. Because, I mean, this MOU (Memorandum of Understanding) is absolutely great. It helps to clean up community, but we really need to strengthen community and get to the root problem. And so, I just hope that this is one of those first steps in that direction. And I guess I also want to apologize to the department. In the presentation, it said that you came forward and approached the County in February of 2020. I mean, I understand the pandemic put a lot of things on hold, but we're going on almost two years here to finally resolve the situation. So,just apologies on behalf of the County that it's taken so long for us to kind of figure out how we proceed here. Thank you, Chair, I yield. CHR. DAVID: Thank you, Ms. Kierkiewicz. Oh, go ahead, Juliana. MS. HOLZMAN-ESCARENO: Hi, Ashley, Council Member Kierkiewicz. So, February 2020 was when they initially approached us about the first MOA that didn't come through Council. So, that MOA was actually issued, I believe, in Page 8 Hawaii County Council-27 November 18,2021 July of 2020. So, that wasn't the MOA we have in front of us. That was the previous MOA. That was for the Maku`u project where we removed the 383 vehicles. CHR. DAVID: Thank you. Anyone else, Council Members? Mr. Richards, go ahead. MR. RICHARDS: Yeah, thank you, Chair. And, Environmental Management, thank you so much for coming forth and getting the clarity here and with DHHL. I'm fully going to support this on several levels. First of all, it's what we've got to do to take care of the island. And because it's on DHHL land, I know there's an intergovernmental relationship that we have to formalize. And Councilwoman Lee Loy and I ran into this when we, as a County, were fighting the fire at Pu`ukapu. And because we had the MOU between the County and DHHL for equipment, we were allowed to get the County equipment out there to fix a road and they could get the DHHL water truck out there. So, I can see the need for this. And these are our constituents. These are members of our Hawaii Island community. So, I'm glad that this is coming forth. I think we can resolve this. Getting rid of these derelict cars is very important to us, and it's the long-term for the environmental impact it's going to have. So, thank you for bringing it. Like I said, I'm definitely supporting this. Chair, I yield. CHR. DAVID: Thank you, Mr. Richards. Anyone else here in Kona? Hilo, any last comments? MR. KANEALI`I-KLEINFELDER: Chair, if I can? CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I had a few questions and whoever would like to answer can. One of the important things about an MOA is the date. So, the date for the period of service, what is that? What is that going to be, which is the second to the last page, page 5? How long is the contract for? MS. IOKEPA-MOSES: Nina, do you want to answer that? I think that was left purposefully open just to because we didn't know when this MOA is going to be approved and what have you but—and the contractors would be online. But, Nina, when's the anticipated start time? MS. FISHER: Well, the last one that we held, it was for a year. And what we discussed, was it going to be a project. But we're looking at possibly a year. Page 9 Hawaii County Council-27 November 18,2021 MR. KANEALI`I-KLEINFELDER: Okay. Thank you for that answer. So, if this was approved, then it would be a year from the date of approval. MS. FISHER: Correct. MR. KANEALI`I-KLEINFELDER: Okay, thank you. MS. FISHER: And then we'll circle back around if need to. So, when we had the previous one, it was coming to an expired time. So, we were trying to see if we could get the MOA back up again, as Julie had mentioned, but that had expired. So we're here again. MR. KANEALI`I-KLEINFELDER: Okay, thank you. MS. FISHER: You're welcome. MR. KANEALI`I-KLEINFELDER: And then I'm looking at Exhibit A, which came in on Communication 327.5, for the towing services. Is this the expected towing services or bid? It was bid upon? Or is this just a separate, you know, this is just kind of a base level for us to get an understanding of the cost. MS. HOLZMAN-ESCARENO: Yeah, so those are our current towing rates for DAV right now. MR. KANEALI`I-KLEINFELDER: Okay. And these are the same rates that would apply for this MOA. MS. HOLZMAN-ESCARENO: Correct. MR. KANEALI`I-KLEINFELDER: Okay. So, nothing there's no new bids needed for this specific project? MS. HOLZMAN-ESCARENO: No. MR. KANEALI`I-KLEINFELDER: Okay. Okay, thank you, Chair. That's my questions. I yield. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Sorry, before I yield, sorry. CHR. DAVID: Okay. MR. KANEALI`I-KLEINFELDER: I just wanted to commend the abandoned vehicles department and Julie for her hard work and for what she does in our community. And thank you, Chair. Page 10 Hawaii County Council-27 November 18,2021 CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. For the record, the last speaker was Juliana. Okay, thanks. Anyone else in Hilo before I go to Kona? Seeing none MS. LEE LOY: Umm. CHR. DAVID: Oh, go ahead. Ms. Lee Loy? MS. LEE LOY: I wanted to give—yeah—but I wanted to give everybody a chance first before I CHR. DAVID: Okay, go ahead. MS. LEE LOY: Thank you. I—and maybeDeanna's here also. So, I'm not sure who best to ask this question to. And Ms. Kierkiewicz actually highlighted my frustration with this entire process. There was a notice of violation letter in February. By the time the resolution hits the Council floor, it's months later. By the time we act on it, it's months later. And those months have now stacked up to close to two years now. And so, I'm trying to find a better way forward. And two parts to this. And, Nina, my first question to you, and this is something that I asked that I know was covered before, is oftentimes when the department has to expend funds, consultation with the beneficiaries is required. And I know MS. FISHER: So MS. LEE LOY: Go ahead, Nina. MS. FISHER: I'm sorry. Finish your MS. LEE LOY: It was explained that this is funds out of the CIP (Capital Improvement Project)projects for the department but if you could please expand on that. MS. FISHER: Yes. So, my understanding at the time, Councilwoman, is when this whole project that the department was addressing was due to, again, one, for the health and safety as well as the letters that we got from the Department of Health as well as the County Planning. So with that, our land development division as well as the Chairman, the Deputy, our(inaudible) division, a lot of our divisions played a part. When it came to the funding, it came out of our CIP, capital improvement. And just so that we're clear here, this is where our division, I want to say our land development division, took the bull by the horn to get this particular project—and Page 11 Hawaii County Council-27 November 18,2021 it consisted of three lots out in Maku`u to get this cleaned up. So, the funding that I understand, it came from the capital improvement projects. I don't want to speak for my division because that was their kuleana on that part. As for the beneficiary consultation, my understanding is when an MOA or an MOU is conducted between agencies, it is something that, like we're doing now, who is going to take care of what, who is going to take care of the towing or whatnot. I've never heard, Councilwoman, in these kinds of situations a beneficiary consultation was done. What I do know is usually beneficiary consultation is brought to our beneficiaries' attention when trust funds are being used, such as when we are doing, like, my Ka`u water improvements. So, as for this particular project and partnership with the County, there was no beneficiary consultation done with our beneficiaries in cleaning up derelict cars or abandoned cars on DHHL land. MS. IOKEPA-MOSES: Councilperson Lee Loy, I would just like to make a clarity here because it seems like there's been some misunderstandings with Councilperson Kierkiewicz' statement as well as yours. The initial project that was brought in front of us in February of 2020, that project has been completed; 383 vehicles have been removed off of the property of DHHL in the very same year. So, we were very expeditious in that project, worked very hard with DHHL and our DAV project coordinator to get that done. So,just want to make that correction for the record. It hasn't been two years. This is anew project that just came in front of you in July. So, that's where we're at for there. I just wanted to make sure that's on record. Julie does not drag her feet on any project that we have. And so, I just want to make sure that she's getting credit, that that project in 2020 has been done very expeditiously. MS. LEE LOY: Brenda, Nina, thank you but that's the point that Council Member Kierkiewicz and I were driving home, is that project got done without all this klunkiness. MS. IOKEPA-MOSES: But two wrongs don't make a right. That's why we they didn't follow this, unfortunately, and we don't want to continue not to do what it says in the administrative rule. I agree. We didn't want to do this in front of you but we have to. So, it was misstepped in the first round, but we're trying to make it right moving forward. MS. LEE LOY: Great. And here's where I think we could do it even better. And Mr. Kaneali`i-Kleinfelder touched on it because this is for a year. How—and, Deanna, this is a question for you. How long are these price term agreements good for? Because if it's good as it's good as it's good, some of these MOAs Page 12 Hawaii County Council-27 November 18,2021 should last the same term limits as the price term agreements because, as I started this conversation with, that's the value. The value is this good price. Help me with that, Deanna. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: Most of the price term agreements are for a year, but most of them have option years as well. So, we did try to add language in the resolution that would cover the future ones as well so that they would be covered for the entire term of the price term agreements or longer. MS. LEE LOY: Great. Thanks, Deanna, because I thinkagain, we're trying to get the red tape out of the way. We're trying to get the bureaucracy out of the way. And if this MOA, in addition to matching it up with the price term agreements, locks that for its entirety until it changes, I'm going to urge my colleagues to vote for this. But to keep bringing it back MS. SAKO: Yeah. And also, we tried to word the resolution the way it was. Unfortunately, the HRS (Hawai`i Revised Statutes) is not specific. It just mentions all intergovernmental agreements and so we're trying to comply with that law as well. MS. LEE LOY: Thank you, guys. Thank you to the rest of my colleagues and I do appreciate the support. I think this is another teaching moment. We can figure out better pathways forward. I am going to be supporting this. I'd like to get to a place where we wouldn't need to do it just because we are the Department of Hawaiian Home Lands, and end up just like every other community that just does the work and there's no red tape or a need to get a Memorandum of Agreement or understanding in front of us. Chair, I yield. CHR. DAVID: Thank you, Ms. Lee Loy. Mr. Inaba, go ahead. MR. INABA: Yeah, real quick. Thank you for bringing this forward today to clarify this resolution. And I think, similar to what had happened earlier this week with another department, it seems that the more information that is provided in an effort to clarify sometimes gets even more confusing. Because right now, we have three communications that popped up in our pinkie (folder) I think today, and it just adds to our confusion. And I know moving forward, you folks want to try and keep it nice and clean. So, I think, like Council Member Lee Loy said, if we can do it correctly from the beginning, then. And I know we'll try to do that, but yeah. But just kind of seeing a pattern sometimes, and not just from your department or this division, but trying to streamline what we do, yeah, as a County. So, thank you so much. Page 13 Hawaii County Council-27 November 18,2021 CHR. DAVID: Thank you, Mr. Inaba. Anyone else in Hilo before I go back to Kona? All right. Thank you, Ms. Iokepa-Moses and JulianaI'm sorry, I just can't pronounce your last name—for being here, and Director, and for the explanation of this, like Mr. Inaba said, very complicated issue. And it has some historical issues that have been brought forward. And hopefully, we can move forward on a positive note with your desire to not revisit this sort of thing. So thank you, you folks, for being here. All right, all those in favor of approving Resolution 167-21 and forward no, that's it; we are in Council. That's what you get for having two Committee meetings in one week. All right, all those in favor of approving Resolution 167-21, please say "aye." Vote on Res. 167-21: The motion to adopt Res. 167-21 was carried by the (Adopted) following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Chair David–6. Noes: None. Absent: Council Members Chung, Kimball, and Villegas –3. Excused: None. CHR. DAVID: Thank you. Can we just go to Resolution 251-21 and then I have a couple out of order. Mahalo. Res. 251-21: CREATES ONE NEW FIRE CAPTAIN POSITION FOR THE HAWAII FIRE DEPARTMENT From Finance Director Deanna Sako, dated October 15, 2021, requests creation of a supervisory position to oversee and assist with Fire Dispatch services. Reference: Comm. 463 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-83 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 251-21 and Finance Committee Report No. 83. Seconded by Mr. Inaba. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: We have our—what is your title, sir? We have our Deputy Fire Chief here in Hilo. If you would, go ahead and then I will go from there. Page 14 Hawaii County Council-27 November 18,2021 (Note: At this time, Deputy Fire Chief Eric Moller came forward to address the members of the Council.) MR. MOLLER: Just very quickly, I'd like to thank the body for accepting this really important position. The dispatcher captain position is going to bring efficiencies that we believe will be actually not only assisting in the shortfalls that we have there, but having a direct impact on the saving of lives throughout the County. And the importance of this position can't be overstated. I appreciate everybody's efforts in this. MR. KANEALI`I-KLEINFELDER: Thank you very much, sir. As mentioned, we have discussed this at committees, and it is here at Council. Chair, I have no further discussion, and I really do appreciate our dispatch services and the Fire Department and Ms. Sako for bringing this together. I yield for now. CHR. DAVID: Thank you very much, Mr. Kaneali`i-KI einfelder. Anyone else in Hilo before I go to Kona? MS. KIERKIEWICZ: Chair, I just have one question. CHR. DAVID: Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you. Fire Chief Moller, thank you so much for being here. I appreciate your presence. So, this is something that's going to be funded by the County, not through any grant that your department was able to secure. Is that correct? MR. MOLLER: That is correct, yes. MS. KIERKIEWICZ: Okay. And then, when do you anticipate going out and recruiting for this particular position? MR. MOLLER: As soon as possible. MS. KIERKIEWICZ: Okay. And then, the turnaround time for hiring someone? By end of year? Early next year? MR. MOLLER: We're looking at as soon as possible, potentially by the first of the year, yes. MS. KIERKIEWICZ: Okay. And it's one person that's going to be coordinating with dispatch and throughout the rest of the department? MR. MOLLER: That is correct. Yes, ma'am. MS. KIERKIEWICZ: Okay, great. Thank you. Chair, I yield. Page 15 Hawaii County Council-27 November 18,2021 CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else in Hilo? All right. Kona, anyone else here? No? Seeing none, well, thank you, Deputy Fire Chief Moller for being here and for your patience. All those in favor of approving Resolution 251-21, please say "aye." Vote on Res. 251-21: The motion to adopt Res. 251-21 and Finance Committee (Adopted) Report No. 83 was carried by the following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Kimball —2. Excused: None. CHR. DAVID: Can we just move now to Bill 86, out of order, please? Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order: Bill 86: 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 —Hawai`i County Police Department Roadblock Program account($64,917.10); and appropriates the same to the Hawaii County Police Department Roadblock Program account, for a total appropriation of$424,917.10. Funds would be used to reduce the number of drivers operating a vehicle while impaired. Reference: Comm. 468 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: November 3, 2021 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 86 on second and final reading. Seconded by Ms. Villegas. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: This was at committees and this is our final reading. And I do appreciate the department for running through the hurdles that it takes to get a program like this and get funding like this. So, with that said, we do have Mr. Torey here today. I'm sorry, what is your last name again? Keltner? Mr. Torey Keltner, sir, if you want to highlight anything for us, and this is again our third time we've heard this. So, yeah, go ahead. Page 16 Hawaii County Council-27 November 18,2021 (Note: At this time, Program Manager Torey Keltner, Police Department, came forward to address the members of the Council.) MR. KELTNER: Thank you, Council Members and Chair. I appreciate it. The biggest thing with this is that we are adding additional enforcement operations that are educational operations as well. But the big part is that with the increase in the number of fatal crashes that we have on the island, we wanted to use this as an opportunity to bring those numbers down and make sure that we can appropriately address those things in the areas where we know there are problems. That's all I have. MR. KANEALI`I-KLEINFELDER: Thank you very much, sir. Chair, I yield. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else in Hilo before I go to MS. KIERKIEWICZ: Chair, one follow-up. CHR. DAVID: Thank you. Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you. Aloha, Mr. Keltner. Thank you for being here. Just a clarifying question. So, funding is for one year programming? MR. KELTNER: Yes, ma'am. MS. KIERKIEWICZ: Okay. And then, are you able to estimate how many roadblock setups you're able to activate in that one-year time period? MR. KELTNER: Actually, it's yeah, exactly. We want to hit 165 so, that's the objective with the funding that we have. It's an additional 15 from the previous year. MS. KIERKIEWICZ: And that number, the 165, is that typical of these operations that you guys coordinate? MR. KELTNER: Actually, that's in addition. MS. KIERKIEWICZ: Okay. MR. KELTNER: This is a means to address the growing problem that we have. So, yeah, it is and it's in mind. But it's additional so that we hopefully can stop the number that we're having. MS. KIERKIEWICZ: Got it. So, the 165 is related to this program funding. MR. KELTNER: Yes. Page 17 Hawaii County Council-27 November 18,2021 MS. KIERKIEWICZ: Perfect. Thank you, Chair, I yield. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone here in Kona? Seeing none, all those in favor of approving Bill 86 at second and final reading,please say "aye." Vote on Bill 86: The motion to pass Bill 86 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Kimball —2. Excused: None. CHR. DAVID: Can we go to Bill 87, please? Bill 87: 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 —Distracted Driving Project account ($97,880.80); and appropriates the same to the Hawaii County Police Department's Distracted Driving Project account, for a total appropriation of $171,880.80. Funds would be used to reduce the number of drivers using electronic devices while operating a vehicle. Reference: Comm. 469 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: November 3, 2021 Vote on Bill 87: Mr. Kaneali`i-Kleinfelder moved to pass Bill 87 on second (Adopted) and final reading. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Kimball —2. Excused: None. CHR. DAVID: Bill 88,please. Page 18 Hawaii County Council-27 November 18,2021 Bill 88: 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 —Speed Enforcement account($8,020); and appropriates the same to the Hawaii County Police Department's Speed Enforcement account, for a total appropriation of$254,020. Funds would be used to fund operations focused on speed enforcement. Reference: Comm. 470 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: November 3, 2021 Vote on Bill 88: Mr. Kaneali`i-Kleinfelder moved to pass Bill 88 on second (Adopted) and final reading. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair David—6. Noes: None. Absent: Council Members Chung, Kimball, and Richards —3. Excused: None. CHR. DAVID: I believe we can go back to the top of the agenda, Mr. Clerk, and proceed with Resolution 252,please. Return to Order The Chair directed the Council to return to the order of business. of Business: Res. 252-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF BUDGET AND FINANCE PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT Allows for the receipt of $69,000 in federally derived funds, which 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) Approve: FC-84 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 252-21 and Finance Committee Report No. 84. Seconded by Ms. Villegas. Page 19 Hawaii County Council-27 November 18,2021 CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: We had good discussion at Committee, Chair. I have no discussion. Thank you. CHR. DAVID: Thank you. Mr. Inaba, go ahead. MR. INABA: Yes, I just wanted to say, for the record, that I sit on a board for West Hawaii Mediation Center. So, I'll be recusing myself on this vote. CHR. DAVID: Oh, thank you for that disclosure, Mr. Inaba. Anyone else? Seeing none, all those in favor of approving Resolution 252-21, please say "aye." Vote on Res. 252-21: The motion to adopt Res. 252-21 and Finance Committee (Adopted) Report No. 84 was carried by the following voice vote: Ayes: Council Members Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Chair David—6. Noes: None. Absent: Council Members Chung and Kimball —2. Excused: Council Member Inaba— 1. CHR. DAVID: Thank you. Res. 254-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE WREATHS FOR THE WEST HAWAII VETERANS CEMETERY-PU'U HO`OMAHA O NA POB KOA O HAWAII KOMOHANA FOR THE NATIONAL WREATHS ACROSS AMERICA DAY Transfers $1,250 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. 479 Intr. by: Ms. David Motion to Approve: Mr. Richards moved to adopt Res. 254-21. Seconded by Mr. Inaba. CHR. DAVID: If it's okay, this is my contingency resolution. It's self- explanatory. This is a great event that we support every year. So, I humbly ask for my colleagues' support on this one. Any other discussion? Seeing none, all those in favor of approving Resolution 254-21,please say "aye." Page 20 Hawaii County Council-27 November 18,2021 Vote on Res. 254-21: The motion to adopt Res. 254-21 was carried by the (Adopted) following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Kimball —2. Excused: None. Res. 255-21: 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., TO ASSIST THE KONAWAENA HIGH SCHOOL LEO CLUB WITH ITS COMMUNITY OUTREACH PROJECT Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 480 Intr. by: Ms. David Motion to Approve: Mr. Richards moved to adopt Res. 255-21. Seconded by Ms. Villegas. CHR. DAVID: If it's okay, this is another one of my contingency funds. I will just say, for the record, that this contingency is to help with expenses for the Leo Club of Konawaena to develop educational materials, resource booklets, posters, and mailing packets that address land degradation and soil radiation in West Hawaii. So, I would love to have your support on this for the Leo Club of Konawaena. Any other discussion? Seeing none, all those in favor of approving Resolution 255-21, please say "aye." Vote on Res. 255-21: The motion to adopt Res. 255-21 was carried by the (Adopted) following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Kimball —2. Excused: None. CHR. DAVID: Thank you. Page 21 Hawaii County Council-27 November 18,2021 Res. 256-21: 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., TO ASSIST THE KONAWAENA HIGH SCHOOL LEO CLUB WITH ITS COMMUNITY OUTREACH PROJECT Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 481 Intr. by: Mr. Inaba Motion to Approve: Mr. Inaba moved to adopt Res. 256-21. Seconded by Mr. Richards. CHR. DAVID: Mr. Inaba, go ahead. MR. INABA: Yeah, similaractually, same project as Resolution 255-21, and I ask for my colleagues' support. Mahalo. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of approving Resolution 256-21, please say "aye." Vote on Res. 256-21: The motion to adopt Res. 256-21 was carried by the (Adopted) following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Kimball —2. Excused: None. Res. 257-21: 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., TO ASSIST THE KONAWAENA HIGH SCHOOL LEO CLUB WITH ITS SOIL AND WATER CONSERVATION COMMUNITY OUTREACH PROJECT Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 482 Intr. by: Ms. Villegas Page 22 Hawaii County Council-27 November 18,2021 Motion to Approve: Ms. Villegas moved to adopt Res. 257-21. Seconded by Mr. Inaba. CHR. DAVID: Go ahead, Ms. Villegas. MS. VILLEGAS: I just ask for my colleagues' support on this incredible work being done by the Leo Club. Some of the pieces of educational material that they have put out are right in alignment with Bill 91 that passed yesterday in transitioning and moving to a healthier means of care for our soils and transitioning from using glyphosate-based products. So, what an incredible alignment with our youth as they recognize the responsibility in their generation returning to healthier modes and means for taking care of our sacred soils. So, I'm super grateful for all of their work and am grateful for, yeah, the support of my colleagues. I yield. CHR. DAVID: Thank you, Ms. Villegas. Anyone else? Seeing none, all those in favor of approving Resolution 257-21, please say "aye." Vote on Res. 257-21: The motion to adopt Res. 257-21 was carried by the (Adopted) following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Kimball —2. Excused: None. Res. 258-21: 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 AUTISM SOCIETY OF HAWAII FOR THE 13TH ANNUAL SURFERS HEALING HAWAII EVENT AT RICHARDSON OCEAN PARK Transfers $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. 483 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 258-21. Seconded by Mr. Richards. CHR. DAVID: Go ahead, Ms. Lee Loy. Page 23 Hawaii County Council-27 November 18,2021 MS. LEE LOY: Thank you, Chair. This one's a little special. This is done by Surfers Heal. And for some of my colleagues who I know love to surf, they ask the question what if riding the waves meant changing the world? And this is for autistic kids. And I can tell you, having done this program for six years now, it is transformative not only for the kids but the families of these kids. And so, it really is my honor to put this money to such a wonderful program. But if I could also make a pitch to some of my other colleagues, they're looking for just another thousand dollars to really get this camp up and going. It is scheduled for the first Saturday in December. And if any of you find yourself down at Richardson's, you will have the most amazing time watching these kids laugh and giggle and the families so happy. I ask for my colleagues' support. Thank you. CHR. DAVID: Thank you for that, Ms. Lee Loy. Anyone else? Seeing none in Hilo or in Kona, all those in favor of approving Resolution 258-21, please say Ic aye. Vote on Res. 258-21: The motion to adopt Res. 258-21 was carried by the (Adopted) following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Kimball —2. Excused: None. Res. 260-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII ISLAND LGBTQ PRIDE FOR EDUCATIONAL MATERIALS AND SUPPLIES FOR CLASSROOMS AND PUBLIC EVENTS Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 486 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 260-21. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Ms. Kierkiewicz. Page 24 Hawaii County Council-27 November 18,2021 MS. KIERKIEWICZ: Thank you, Chair. Just hoping for my colleagues' support on this donation to the pride community. Consistently now for a few years, they have been creating culturally appropriate outreach materials for kids in communities. So, do want to continue to support their amazing efforts. Thank you, I yield. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else in Hilo or Kona? Seeing none, all those in favor of approving Resolution 260-21, please say "aye." Vote on Res. 260-21: The motion to adopt Res. 260-21 was carried by the (Adopted) following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Kimball —2. Excused: None. Res. 261-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE PAHOA SCHOOLS SUPPORT FOUNDATION TO ASSIST WITH FUNDING COMMUNITY ENGAGEMENT EVENTS FOR PAHOA PUBLIC SCHOOLS 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. 487 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 261-21. Seconded by Mr. Richards. CHR. DAVID: Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. This is a larger contingency give to support all of the incredible community building work that Pahoa school and neighboring partners are doing to support the Puna community. Just really meant to strengthen social fabric and give students an opportunity to design events and execute them and build up their capacity to be able to do that and serve. So, looking for everyone's support on this measure. Thank you, I yield. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else weighing in? Seeing none, all those in favor of approving Resolution 261-21, please say "aye." Page 25 Hawaii County Council-27 November 18,2021 Vote on Res. 261-21: The motion to adopt Res. 261-21 was carried by the (Adopted) following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Chair David–7. Noes: None. Absent: Council Members Chung and Kimball –2. Excused: None. CHR. DAVID: Okay. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST 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 Approve: FC-85 and Comm. 449.11: From Council Member Herbert M. "Tim"Richards, III, dated November 9, 2021, transmitting a proposed amendment to Bill 81, Draft 2. (Note: Comms. 449.15 and 449.16, from Council Member Matt Kaneali`i- Kleinfelder dated November 17, 2021, transmitting proposed amendments to Bill 81, Draft 2, were circulated.) Motion to Approve: Mr. Richards moved to pass Bill 81, Draft 2, on first reading and adopt Finance Committee Report No. 85. Seconded by Ms. Villegas. CHR. DAVID: Thank you. Thank you, Mr. Richards. Council Members, Ms. Kimball should return at about 11 o'clock. So, I know we have a motion on the floor, and I think—how do you folks feel in waiting till she gets here to discuss this? We can table this. Or you folks want to—okay. Thank you. Anyone else has any comments about tabling this till Ms. Kimball gets back? Go ahead, Mr. Richards. Page 26 Hawaii County Council-27 November 18,2021 MR. RICHARDS: Move to table Bill 81, Draft 2,until CHR. DAVID: Eleven. MR. RICHARDS: Eleven. MR. HENRICKS: Madam Chair? CHR. DAVID: Thank you. MR. HENRICKS: It would be more consistent and easier if you just lay it on the table. And then at the appropriate time,just take it off the table. MR. RICHARDS: Okay. CHR. DAVID: Okay. Okay, we'll just lay Bill 81, Draft 2, on the table until Ms. Kimball (inaudible). MR. HENRICKS: So, you have a motion with Mr. Richards currently. CHR. DAVID: Mr. Richards, okay. Vote on Motion Mr. Richards moved to table Bill 81, Draft 2. Seconded by to Table: Mr. Inaba and carried by the following voice vote: (Approved) Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Kimball —2. Excused: None. CHR. DAVID: Thank you. Can we move, then, to Bill 82? 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) Approve: FC-86 Page 27 Hawaii County Council-27 November 18,2021 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 82 on first reading and adopt Finance Committee Report No. 86. Seconded by Mr. Richards. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Thank you, Chair. We had good discussion regarding Bill 82 at committees. And I think over this last week someone posted that I think it was one of the State Legislature members that they are happy to report there's new lifeguards at some of our west-side beaches. And that's what this funding is for. So, I just wanted to put that out there and say mahalo to the State, and much-needed funds for lifeguarding services. We're very ocean-based here. So, good to have the funds. Thank you. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else in Hilo? Seeing none, and in Kona? No? Okay. All those in favor of approving Bill 82 at first reading, please say "aye." Vote on Bill 82: The motion to pass Bill 82 on first reading and adopt (Approved) Finance Committee Report No. 86 was carried by the following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Kimball —2. Excused: None. 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) Approve: FC-87 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 83 on first reading and adopt Finance Committee Report No. 87. Seconded by Ms. Villegas. Page 28 Hawaii County Council-27 November 18,2021 CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: No discussion, Chair. This had good discussion at committees. Mahalo. CHR. DAVID: All right. Mahalo. Mr. Inaba, go ahead. MR. INABA: Thank you. Similar to the resolution, I'll be recusing myself from this vote since I sit on one of the mediation center boards. Mahalo. CHR. DAVID: Mahalo for that. Anyone else? MS. LEE LOY: Chair? CHR. DAVID: Go ahead, Ms. Kierkiewicz. MS. LEE LOY: Ms. Lee Loy. And I just want to CHR. DAVID: Oh, I'm sorry. MS. LEE LOY: No problem. I just want to alert the Chair. Ms. Kierkiewicz,per her memo, has excused herself, and I just wanted to make sure we had enough people. But let the record reflect that Ms. Kierkiewicz is absent right now. CHR. DAVID: Thank you for that, Ms. Lee Loy. It saves me from looking at the screen. Okay. So, Ms. Kierkiewicz is out of the room and excused. All those in favor of approving Bill 83 at first reading, please say "aye." Vote on Bill 83: The motion to pass Bill 83 on first reading and adopt (Approved) Finance Committee Report No. 87 was carried by the following voice vote: Ayes: Council Members Kaneali`i-Kleinfelder, Lee Loy, Richards, Villegas, and Chair David—5. Noes: None. Absent: Council Members Chung, Kierkiewicz, and Kimball —3. Excused: Council Member Inaba— 1. CHR. DAVID: Thank you. Page 29 Hawaii County Council-27 November 18,2021 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) Approve: FC-88 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 84 on first reading and adopt Finance Committee Report No. 88. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: No further discussion. I would like to just take a minute, though, to commend my staff member Amanda Canda for doing such wonderful reports. Because we have so much come to this Committee, I just really appreciate her, as well as our Council Services staff, for helping to get all these reports done. So, thank you for the latitude, Chair. I yield. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Duly noted. Thank you. Anyone else? All those in favor of approving Bill 84 at first reading, please say Ic aye. Vote on Bill 84: The motion to pass Bill 84 on first reading and adopt (Approved) Finance Committee Report No. 88 was carried by the following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Lee Loy, Richards, Villegas, and Chair David—6. Noes: None. Absent: Council Members Chung, Kierkiewicz, and Kimball —3. Excused: None. CHR. DAVID: Thank you. Page 30 Hawaii County Council-27 November 18,2021 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) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 93 on first reading. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Thank you, Chair. This item was waived to Council to expedite the funding. I did reach out to the Director, and he did explain this is for, although it says training and travel, I mean, the things that they're going to is really to get a grasp on what we can do better here in the County for Mass Transit. And so far, I've just really been impressed with the Interim Director. I think he's doing a wonderful job, but just want to put that out for the Council. A lot of the details are on the B-52 grant summary as well if there's more questions. And I don't know if he's on today, but if he's not, I'm comfortable with moving this forward with the way that it is. So, thank you, Chair. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else on the Hilo side, Ms. Lee Loy? No? Okay. Here in Kona, no other comments. All right, all those in favor of approving Bill 93 at first reading,please say "aye." Vote on Bill 93: The motion to pass Bill 93 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Lee Loy, Richards, Villegas, and Chair David—6. Noes: None. Absent: Council Members Chung, Kierkiewicz, and Kimball —3. Excused: None. Page 31 Hawaii County Council-27 November 18,2021 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): (Note: Items in this category were taken up previously, out of order.) Bill 75: AMENDS CHAPTER 14, ARTICLE 1, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO ALCOHOLIC BEVERAGES Prohibits the consumption of alcohol at H6naunau Boat Ramp and makes other clerical changes. Reference: Comm. 422 Intr. by: Ms. David First Reading: November 3, 2021 Motion to Approve: Mr. Richards moved to pass Bill 75 on second and final reading. Seconded by Ms. Villegas. CHR. DAVID: Go aheadoh, I'm sorry. Go ahead, Maile. Thank you, Council Members. We had a very good discussion at every step of the way for this bill, and I just would love to have your continued support for this important legislation. Mr. Richards. MR. RICHARDS: Yeah, Chair David, I just want to thank you. I know this is your bill coming forward. And through this whole pandemic, one of the bad things was the shutdown. But it also showed what peace and quiet could be, and then when we started opening up, what needed to be managed. And that was a good jump to make that change. So, come and join that. Chair, I yield. CHR. DAVID: Thank you, Mr. Richards. I totally agree and thank you for that. Anyone else? Hilo? Is Ms. Lee Loy—Mr. Kaneali`i-KI einfelder, is Ms. Lee Loy ? MR. KANEALII-KLEINFELDER: She's still here in chambers. She's on the phone. CHR. DAVID: Oh, okay. All right, seeing no other discussion, all those in favor of approving Bill 75 at second and final reading, please say "aye." Page 32 Hawaii County Council-27 November 18,2021 Vote on Bill 75: The motion to pass Bill 75 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Lee Loy, Richards, Villegas, and Chair David—6. Noes: None. Absent: Council Members Chung, Kierkiewicz, and Kimball —3. Excused: None. Bill 76: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING (Draft 2) BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Appropriates revenues in the Office of Management Private Contributions —TEDx account($100,000); and appropriates the same to the Office of Management Miscellaneous Private Contributions —TEDx account to allow the County to efficiently accept and expend private contributions. Reference: Comm. 443.2 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Postponed: October 20, 2021 First Reading: November 3, 2021 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 76, Draft 2, on second and final reading. Seconded by Ms. Villegas. CHR. DAVID: Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: We had a lot of discussion about this bill. And I think the Council raised some good questions, as well as I do commend the Finance Department for kind of getting the details together in the background and for the effort to be transparent. But it did raise some very good questions and things that we all have to adhere by. So, I have no further questions. I think we're at a good point right now for Bill 76. Thank you. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? MS. LEE LOY: Yes, Chair, please. CHR. DAVID: Ms. Lee Loy, go ahead. MS. LEE LOY: Thank you. I'm actually going to be a vote of dissent today for one particular point I'd like to make. TEDx, wonderful presentation. Rock star of people. Great conversations elevating wonderful, innovative ideas. But the Page 33 Hawaii County Council-27 November 18,2021 point I'd like to make is we saw a number of private donations for innovative thinking and solutions while we have numbers in Pu`ukapu who are still trying to recover from a fire. And I share this because if this voice of dissent can send a message that if we, as an administration and a community, can raise funds for innovative thoughts and solutions to have conversations, I think we could do the same to reimburse the community that stood up and helped save County taxpayer money by fighting the fire that we had. Thank you for that opportunity. Again, I will not be supporting this, not because of the TEDx program or what wonderful conversations were around that, but because I think we really need to focus on helping community at a very grassroots level. I yield. CHR. DAVID: Thank you, Ms. Lee Loy, for that. Anyone else? Mr. Inaba, go ahead. MR. INABA: Yeah, real quick. I know at the last hearing we didn't have all of the information regarding the private donors. Did we ever receive that complete information from the Administration? MR. KANEALI`I-KLEINFELDER: Chair, Ms. Sako is coming to the front. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: Yes, that was brought forward last meeting in a resolution, and amended at the last meeting. So as far as I know, that is the most accurate information that we have. And that was adopted, I believe, by the Council. MR. INABA: Okay. I know we had some pukas in some of the information, so I was just wondering internally if you folks had gotten all of that information. MS. SAKO: I can go check. I'm not sure that we have anything further, but I can check with Mayor's office. MR. INABA: Okay, thank you, Director Sako. Chair, I yield. CHR. DAVID: Thank you, Mr. Inaba. Anyone else in Hilo? Seeing none, Kona? No more further comments. All right, all those in favor of approving Bill 76, Draft 2, at second and final reading,please say "aye." Any opposed? Mr. Clerk, we have six "ayes"—oh— MS. LEE LOY: No. I'm going to be voting "no." Page 34 Hawaii County Council-27 November 18,2021 CHR. DAVID: Oh yeah, I'm sorry. MS. LEE LOY: Thank you. CHR. DAVID: I should have done a roll call. Thank you, Ms. Lee Loy. Vote on Bill 76: The motion to pass Bill 76, Draft 2, on second and final Draft 2 reading was carried by the following voice vote: (Adopted) Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Richards, Villegas, and Chair David—5. Noes: Council Member Lee Loy — 1. Absent: Council Members Chung, Kierkiewicz, and Kimball —3. Excused: None. CHR. DAVID: Thank you for that, Ms. Lee Loy. Bill 80: AMENDS CHAPTER 2, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO EXPENDITURES FROM FUND FOR THE WORKFORCE INNOVATION AND OPPORTUNITY ACT PROGRAM Provides a clerical amendment with no change to policy or function. Reference: Comm. 448 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: November 3, 2021 Vote on Bill 80: Mr. Kaneali`i-Kleinfelder moved to pass Bill 80 on second (Adopted) and final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Lee Loy, Richards, Villegas, and Chair David—6. Noes: None. Absent: Council Members Chung, Kierkiewicz, and Kimball —3. Excused: None. Page 35 Hawaii County Council-27 November 18,2021 Bill 85: 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 State Grants —Coffee Berry Borer Pesticide Subsidy Program account($300,000); and appropriates the same to the Department of Research and Development's Coffee Berry Borer Pesticide Subsidy Program account. Funds would be used to assist coffee farmers by offsetting the cost of fungicides used to control Coffee Leaf Rust. Reference: Comm. 467 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: November 3, 2021 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 85 on second and final reading. Seconded by Mr. Richards. CHR. DAVID: Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALII-KLEINFELDER: No discussion, Chair. We had a good discussion about this. It's a great program. And in light of Mr. Inaba's recent bill to increase the amount of required amount of Kona coffee in our coffee bags here on-island and hopefully maybe across the State, I really think this kind of goes in line with that, the same thought process. So, mahalo. I yield. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else in Hilo, Ms. Lee Loy? No? In Kona side, I see no other further discussion. All those in favor of approving Bill 85 at second and final reading, please say "aye." Vote on Bill 85: The motion to pass Bill 85 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Lee Loy, Richards, Villegas, and Chair David—6. Noes: None. Absent: Council Members Chung, Kierkiewicz, and Kimball —3. Excused: None. CHR. DAVID: Before we move on, please, may I have a motion? There was a request for a waiver of our five-day reconsideration. Can I please have a motion? Motion to Suspend Mr. Richards moved to suspend Council Rule 15 to waive Council Rules: the 5-day hold for reconsideration. Seconded by Mr. Kaneali`i-Kleinfelder. Page 36 Hawaii County Council-27 November 18,2021 CHR. DAVID: Any discussion? Seeing none MR. KANEALI`I-KLEINFELDER: Chair, what is that for? CHR. DAVID: To expedite the receipt of the funds. MR. KANEALI`I-KLEINFELDER: Could I open that request to Bills 80, 85—or to further bills, Chair? Is that okay? CHR. DAVID: For this motion? Mr. Clerk, what were you trying to say? MR. HENRICKS: I was trying to just ascertain what matter was being—which of these was being waived for reconsideration. CHR. DAVID: Just 85 for now, and then Mr. Kaneali`i-Kleinfelder requested that we do—which? The 80 MR. KANEALI`I-KLEINFELDER: I was going to request, Chair, that we waive the five-day hold on Bills 80, 85, 86, 87, and 88. CHR. DAVID: Did we get that? MR. HENRICKS: Are you accepting that motion? CHR. DAVID: Yeah. If we can do it that way instead of one at a time, then that's MR. HENRICKS: It's up to the body. CHR. DAVID: Okay. Is that okay with everybody? Okay. So, did we get that down? Mr. Kaneali`i-Kleinfelder, please repeat that for the record. We're waiving the five-day reconsideration holdover on Bills what? Vote on Motion Mr. Kaneali`i-Kleinfelder moved to suspend Council to Suspend Rule 15 to waive the 5-day hold for reconsideration on Council Rules: Bills 80, 85, 86, 87, and 88. Seconded by Mr. Richards and (Approved) carried by the following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Lee Loy, Richards, Villegas, and Chair David–6. Noes: None. Absent: Council Members Chung, Kierkiewicz, and Kimball –3. Excused: None. Page 37 Hawaii County Council-27 November 18,2021 CHR. DAVID: Okay, that brings us—can we take a five-minute recess before we move on? Okay, thank you. We're going to take a five-minute recess. Thank you. Recess: At 10:38 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:58 a.m. CHR. DAVID: Did we do a motion on Bill 81 before? We did, yes? Yes. MR. HENRICKS: It's currently on the table. CHR. DAVID: It's currently on the table, okay. MR. HENRICKS: Well, laid on the table, yeah. CHR. DAVID: Laid, yes. So now, we're unlaying it from the table? MR. HENRICKS: That would, yes, require a motion. CHR. DAVID: Mr. Richards. Vote on Motion to Mr. Richards moved to remove Bill 81, Draft 2, from the Remove from Table: table. Seconded by Ms. Kimball and carried by the (Approved) following voice vote: Ayes: Council Members Inaba, Kimball, Lee Loy, Richards, Villegas, and Chair David—6. Noes: None. Absent: Council Members Chung, Kaneali`i-Kleinfelder, and Kierkiewicz—3. Excused: None. CHR. DAVID: Ms. Kimball, go ahead. MS. KIMBALL: Thank you, Chair. We discussed this quite a bit in Committee already, but I know we have amendments that are possibly here to be introduced. So, I suggest we just proceed to that since we've talked about the bulk of the contents of the bill prior. CHR. DAVID: Thank you. I believe we have—Mr. Kaneali`i-Kleinfelder? He's not here. Mr. Richards, go ahead. MR. RICHARDS: Thank you, Chair. Page 38 Hawaii County Council-27 November 18,2021 Motion to Amend: Mr. Richards moved to amend Bill 81, Draft 2, with the contents of Comm. 449.11. Seconded by Ms. Kimball. CHR. DAVID: Go ahead, Mr. Richards. MR. RICHARDS: Thank you, Chair. And the intent of this amendment is to more specify the funding of the TAT (Transient Accommodations Tax) 3 percent that the County is proposing to add to our transient accommodation tax structure. The point on this is the TATI like their recital here, Ms. Kimball, as far as explaining the history of the TAT in your bill because I think that catches people up. Long story short, TAT was put in place as a tourism impact fee to help fund and take care of some of the impacts that more people coming in would be affecting on our parks, etcetera. Back in the '80s, I know it was '86, initial collections was about$60 million, of which 95 percent went to the counties. Fast forward to today, the collections have gone from $60 million up in excess of$600 million. But because of the pandemic, the allocation for our counties had been removed, and thus, we've received none of the TAT coming forward. At the same time, the State authorized us putting upwards of 3 percent—up to 3 percent for ourselves. Initially, I was not supportive of the TAT because I was concerned about the impact on the overall economy, and this Council has heard me talk about the overall economy time and time again. However, the Kohala Coast Resort Association, which is the membership being all the hotels on the west side, came out in strong support of the TAT, the 3 percent the County would add on provided some of that funding went to the original intent of what TAT was initially established for back in the '80s. And so, with that, that prompted my rethinking. And if we're going to collect this tax, let's again focus on what we were going to do. In my amendment, I have three areas that I want to fund. First of all is Parks and Rec. (Recreation) and, specifically, their Maintenance and Repair. Their funding has gone from 4 million, excuse me, 400,000 to 800,000 from our General Fund, and I want to add an additional 1 million. That's not to replace the funding coming out of General Fund; this is in addition to. We all know our Parks and Recreation Maintenance and Repair Fund needs more funding and this is a start. I don't think there should be an end point. This is a start. We need to make a lot of improvements in our parks and so that's why I picked the number million. I worked this out with Parks and Rec. Director Mo Messina. And of course Parks and Rec. needs more but this is a start. Second, is $250,000 for the Department of Finance for additional staffing to administer a County transient accommodations tax program. I do not want to get prescriptive in this because I think what they need is to be able to figure out how Page 39 Hawaii County Council-27 November 18,2021 this is going to work. But the big point on this is for having the resources to also look at other vacation rentals that we know are in our County that may not be paying the transient accommodations tax. And it's to actually develop a program to go after that because I think there's more funding there that could then come to our County and help us take care of things. And then finally, of course, the 500,000 to Research and Development. And I've had a brief conversation with Director Doug Adams on this. This is to manage the impacts of tourism going forward. And again, I don't want to get prescriptive on this because that's not our job. We need to supply the resources for them to go forward and figure out how we better manage things. Something Councilwoman Kimball and I have been working on is access to the valleys. She has Waipi`o. I have Pololu. The State is coming with funding to help us with that. But that's the concept; we have to develop programs so we can better manage, better mitigate, better plan going forward so we don't have these traffic jam messes. And I use that euphemistically as well asactually, because we do have some traffic jams—but to better plan for our communities going forward. We have to recognize if we don't plan it, it's going to happen. So, we'd better get after Planning. So, that's what I'm asking, is support of my Council Members, my colleagues on this to take a portion of the funding from the potential of TAT, which is estimated at about$14 million coming forth—and this is about 1.75 million to address some of these issues. I take great guidance from the Kohala Resort Community Association because what we are talking about there is they pay about somewhere, again best guesstimate, in the vicinity of 75-80 percent of this TAT. And they're asking that we use it as an impact mitigation fund. So, I ask for my colleagues support. I am very happy to answer any questions on this. Chair, I yield. CHR. DAVID: Thank you, Mr. Richards. Anyone else? Hilo? Seeing none, Mr. Inaba on this side, go ahead. MR. INABA: Yeah, thank you. And I think we all, even in the last budget cycle, voiced our support for Parks and Recreation and the need that they have across the island and to support those efforts, and obviously, the Finance Department in needing additional, probably, funding to carry out how we go about this TAT. I do have a problem with this amendment, however, as it relates to adding an additional 500,000 to R&D's (Research and Development's) tourism fund, which I believe currently stands at 459,000, and this is something that I advocated against in the budget cycle. So based on this, it seemed to develop and implement a program that would manage the impact of tourism on community assets. And we know that they Page 40 Hawaii County Council-27 November 18,2021 supposedly have efforts in that area already. But that is an area of concern for me that I don't feel is money best spent on behalf of our County. So as it stands, I won't be able to support this amendment before us. Thank you, Chair. CHR. DAVID: Thank you, Mr. Inaba. Anyone else on this side? Ms. Kimball, go ahead. MS. KIMBALL: Thank you, Chair. I'll just—we have Deputy Director Hunt here in Kona chambers. I believe we had Director Sako in Hilo chambers. So, I'd like to give them the opportunity to weigh in on this particular amendment. When we had conversed in the development of this bill, particular with regard to the need to hire, a need to allocate funding for the position, it was going to kind of be a wait and see in terms of what the program ultimately ended up being and what could be done by existing staff within their job descriptions and whether or not we needed to actually hire additional people. Appreciate what Council Member Richards is saying about the enforcement piece, and I'll just remind everyone that there are paid positions within Planning who have some of that responsibility. And in fact, that's one of the added benefits that we get from engaging in this legislation, is that we now have another level of documentation that will allow Planning to ensure compliance with the Code regulations regarding STVRs (short-term vacation rentals). So, I see that Director Sako has come to the table in Hilo, so I just pass it over to you, Director, to weigh in on this particular amendment. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: Thank you for the opportunity. We continue to be opposed to earmarking any of the funds just in terms of moving forward with the budget. But we definitely have been listening to each of the needs that have been presented via various amendments. The 250,000, we know we are going to need additional staff, but as you said, we're just not sure how many. In the beginning, we may actually need more than later. Part of it is the software, and that collection piece is out to bid right now and a statewide RFP (Request for Proposals) that County of Maui is handling. And so, until such time as that bid is back, we won't know the exact amount of that or the exact impact on our staff. Obviously, for the vendor to do more, we're going to pay more. So, all of that will be evaluated by the team looking at that, and Steve can probably speak more to that piece of it. We are going to be bringing forward a resolution to create three new positions because we think, at least in the beginning, we are going to need that many people Page 41 Hawaii County Council-27 November 18,2021 to help us collect. And then once we get the software and everything going, it may be less. But we definitely want to work with Planning on the enforcement piece. That's also the piece the State would like us to work on as well. MS. KIMBALL: Thank you, Director. Deputy, did you have any additional comments? I know you've been our main point of contact with the State and the other counties with regard to implementation. (Note: At this time, Finance Deputy Director Steven Hunt came forward to address the members of the Council.) MR. HUNT: Thank you. Deputy Director Hunt, for the record yes, in terms of the implementation of the collection and compliance, we know we're going to need additional staff. Initial data that we're getting from the State is providing us an estimate of about 33,000 transactions a year. And in terms of compliance, I really view this as sort of twofold. One is compliance to see if the funding and the payments that are coming in match the records that are being filed with the State for our specific jurisdiction to make sure that that 3 percent is calculated correctly and we are receiving the monies. So, there is a certain level of compliance and auditing that will have to be somewhat manual in nature. And then, the second part of the compliance would be for the ones that are the non-filers. And again, because the TA (Transient Accommodation) numbers may be associated with multiple properties, it's kind of difficult to sort of identify one property without kind of dissecting whether they're already part of the payment system or whether they're not paying in totality. So, that will be part of the compliance. In terms of this amendment, I do share some concerns that Deanna's already expressed. These are all General Fund accounts. And I'm also concerned that maybe combining the enabling TAT legislation with really what seems to be an appropriation bill might jeopardize the passing or challenge from those that would be affected by the TAT. So, we anticipate, at least for the earmark of 250, I don't know if that's going to be the right number, but we are looking forward to coming forward with a budget bill at a later point in time. But I just had concerns about tying the two together with an appropriation and a legislation on enabling within the same bill. MS. KIMBALL: Thank you, Deputy. So, I just—my position with this amendment I certainly appreciate what you're doing and appreciating that you're hearing the feedback from the Kona-Kohala Chamber and others about really wanting to make TAT for us do what it was intended to do with its inception, which was to mitigate these impacts. And I think Parks and Rec. and then this R&D piece are related to that goal. Page 42 Hawaii County Council-27 November 18,2021 I think there's always a fundamental challenge, though, with parsing out what exactly the impacts are and where they are (inaudible) also roads and it's also wastewater and it's also Police and it's also Fire. And so, my inclination is still to just have us go into the General Fund. And I'm actually tapping into what you were saying, Deputy, utilizing the budget process to actually determine where this ultimately goes, rather than prescribing it within the enabling legislation. So, definitely appreciate what you're intending to do with this, Mr. Richards, and support the intent, but I think I'd vote against this at this point in time. Thank you. CHR. DAVID: Thank you, Ms. Kimball. Anyone else? In Hilo? MS. LEE LOY: Thanks, Chair. CHR. DAVID: Go ahead, Ms. Lee Loy. MS. LEE LOY: Thank you. Thank you, Mr. Richards, for this amendment, but I actuallyI'm challenged. And I'm glad Deanna is here because we're all trying to figure out ways on how to spend it, but I'm still having a very fundamental problem of how we're collecting it and if we are collecting everything we can. And that was the issue that Stephanie Donoho and all our friends over at the resort areas talked about. And it's very clear that TAT, no problem; we know how many hotel units we have. But we are not clear on the STVRs, the bed-and- breakfasts, and what could be illegal or other platforms that are renting out that would be a missed opportunity. So, Deanna, talk to me a little bit about how this bill, one, collects it from the ones we know will be a lot more challenged to collect from. And if we have to provide a more robust clause on a look-back period, should we identify these who have not registered or are operating under other platforms and under the radar of this collection process? MS. SAKO: So, we have set up or the bill is set up to look at HRS and refer to HRS. And HRS does have a three-year kind of look back period, so we can go back three years. If we were to find someone who hasn't been paying TAT, then we can charge them, basically, the last three years. No matter what, when we find them, we would never be able to collect prior to January 2022 or whenever our TAT starts. But at least we can work with the State and do that three-year look back. One of the pieces in the statewide RFP, some of the vendors earlier on were saying they could do the enforcement piece as well. So, that's one of the pieces we're waiting to see what comes back in with all the proposals to see if it's the vendor who's going to do it or if we're going to do it working with Planning, working with the State and others. But as Steve said, there's definitely challenges depending on how many licenses because it's not always one license for one unit. Page 43 Hawaii County Council-27 November 18,2021 And so,just figuring out if people are actually paying or not is going to take some work, which is another reason why we asked for three staff people. And so, we'll see kind of how that plays out. MS. LEE LOY: Okay, Deanna, so—and I just have to, like, walk through it as if we're doing it. So, we put the TAT into place. The Department of Finance, along with other counties, are looking at a statewide vendor as a way to help collect this. MS. SAKO: Yes, it's primarily a collection system first. MS. LEE LOY: A collection system. And then, we hire staff in here to help administer that collection and—okay. And then, if after this is put into place and we find others that we didn't capture or have not— MS. otMS. SAKO: Been paying, mm-hmm. MS. LEE LOY: Right. Is it the three staff people who would initiate a collection process, or is it this larger program that the entire State is trying to put together with all the ? MS. SAKO: Well, I think it's actually the State who would go after it because the State also wants their share. So, while we're looking at this 3 percent, the State still has their 10.25 percent, and they would like to collect that. And especially if we find it within the first three years of the program, the State really has a bigger benefit from us finding these noncompliant taxpayers because they can go back the full three years at the 10.25 percent. MS. LEE LOY: Thank you. Thank you, Deanna, for highlighting that, right, because the big dog in the fight is the State to collect their 10 percent. MS. SAKO: Yes. MS. LEE LOY: Not us to collect our 3 (percent). MS. SAKO: Right. MS. LEE LOY: But if we find them, the State collects? MS. SAKO: So, I think Steve is there as well, and he's been meeting with State DOTAX (Department of Taxation) and whatnot, along with the rest of the finance departments statewide. And so, I think they are looking at the State leading the enforcement actions on a lot of those, but still throughout the process, our team is still going to have to be reconciling back to State data. And once this is passed, the State will share with us their list of Big Island transient accommodation license holders so that we can ensure that at least we're collecting from those entities. Page 44 Hawaii County Council-27 November 18,2021 CHR. DAVID: Director, we have Deputy Hunt here if you'd like him to weigh in on this one. MR. HUNT: Sure, thank you. CHR. DAVID: Go ahead. MR. HUNT: So, in our discussions with the State DOTAX, Director (Isaac) Choy has been very clear that the State is well equipped for doing enforcement. What they're not equipped to do, at least from our discussion, is finding those that are the scofflaws. So, from that perspective, once we do identify those that we believe that are not paying TAT that are subject to TAT, the intent would be to send that to the State and report for them to do the additional research, and they would create what's called an assessment. We've been real clear on the difference between an assessment and a bill or a tax. The State is better at doing the assessment, and we would be basically enjoying with them for our share, our 3 percent. But they would lead the charge because, in addition to just what's owed, there's penalties, interest, fines, all kinds of things that accommodate them. And they would just sort of lead that charge. The reconciliation portion is on us in terms of we're going to be getting data from the State on a monthly basis. But that data will come, basically, about six to eight weeks beyond the period that the collection ended. So, we're going to be getting payments before we're going to be getting information from the State, and then we're going to have to reconcile the payments to what the State submit. And the TA number is, essentially, that unique identifier combined with the tax year and the filing period. But we're going to create an identification per transaction that will match those up. So, internally, the work that our staff would be doing would be on that reconciliation. Because there is language in HRS about a grandfathering if you had a contract in place prior to the passage of this legislation on January 1st. And the key is "and that document has some agreement that says you cannot pass any additional tax on." So basically, it's a locked-in price where they cannot adjust for taxes, which is very rare. Most of them allow that. Even the major hotels allow any adjustments to taxes can be passed through to the customer. But there could be ones that are grandfathered. We're going to have to now view the State data coming through and the filing may not match, and we're going to have that sort of back-and-forth dialogue with the taxpayer saying, "I see you're claiming an exemption. You're grandfathering for a certain percentage of your revenue. Where's your documentation to validate that?" Page 45 Hawaii County Council-27 November 18,2021 So, like Deanna mentioned, initially there's going to be all this grandfathering period exist because eventually it will turn out. But while it exists, we're going to have to have a lot more hands-on to review and reconcile that information. MS. LEE LOY: Thanks, Deputy Director. So, Deanna or Deputy Director, we find them, right. They're operating in our County. We notify the State because they want their 10 percent. What if they were operating prior to the establishment of this? Does the State collect—and I think Steve might have just covered it—but does the State do the look back? MS. SAKO: Yes. They can still look back. There's a reason they set it up this way. MS. LEE LOY: Can we get a finder's fee? Because they're going to collect on something we found, right. They're able to go get their 10 (percent). They haven't given it to us because they couldn't find it, right. I mean, this is that struggle we've always had about the TAT in not enough of it coming to our County. Is there some enabling stuff that we could do here so that if we find them, there's like a finder's fee? And if there's a look-back period for them, we could actually get a portion of that? MS. SAKO: I think it goes back to the main HRS section, which does at least allow the three-year look back. Unfortunately, yeah, we probably aren't going to get a finder's fee, but at least we can say we might be in their good graces for a while. MS. LEE LOY: Thank you. Chair, thank you for the latitude around this because I know it was related to this amendment. I want to support, especially to our community where these funds are going, but I'm still having a problem with how we collect. And I'm having a hard time assigning values when we don't even know how much we can really collect. And I would want to put a lot more into areas of collection because the more we collect, the more we have, and then the more we can disperse. MS. SAKO: And then, I just want to take a minute to remind everyone that this is not new money. This is replacing money that we've lost. And so, we were able to manage to balance the current year because the other thing this Legislature waived was the additional OPEB (Other Postemployment Benefits)payment. So, that's why we were balanced in '22. But in fiscal year '23, we will be having to make that payment again. So, this isn't new money, again, which is also our hesitancy to earmark. MS. LEE LOY: And, Deanna, still bringing up our friends over, Stephanie Donoho. It was that master list. Will that work between the counties, that vendor, our new positions? Is that the goal, to get that master list? Page 46 Hawaii County Council-27 November 18,2021 MS. SAKO: Right. The goal is to have, like, one of those databases where there's the one Stephanie showed or another one. The only thing we haven't worked out yet is whether it's going to be the vendor or in-house. But obviously that's the goal, is to have all that data and go through them piece by piece. MS. LEE LOY: For the database, what's the timeline on generating something like that? Because I really am trying very hard to make sure we're not leaving any money on the table. MS. SAKO: So I think, Steve, isn't the RFP due fairly shortly, like in December? The responses, sorry. MR. HUNT: Correct. So, the cooperative purchase agreement RFP that's out right now, I believe the responses from the vendors are due on November 26h. So, that is very shortly. We've been going through some additional questions from the vendors, but I think we got that out today. So, we do anticipate at least getting there were 19 that downloaded the RFPs. So, we're not sure exactly how many we're going to have to review and score and do the award, but we do anticipate getting something out in the December timeframe. MS. SAKO: So, as soon as we know what exactly the vendor's proposal is and who's selected, then we'll take the appropriate action to acquire the database. And Stephanie was very generous in sharing that information with us. MS. LEE LOY: Okay, great. MR. HUNT: And I just wanted to make one more comment, too, if I can on the people that are non-filers that are operating short-term vacation rentals. There's really another level of compliance. One is, yes, we'd like to collect because they had been operating. But the fact that they may be operating without approval, license, or ability to means it may be a very short-term revenue source because if there's efforts to then shut them down, we're not really growing the pie. So, I just want to make sure that—in compliance, there's both a, yes, financial compliance from our side, but then there's also potentially a Planning and enforcement compliance which says, no, you shouldn't be doing this in a residential neighborhood. So,just be aware that although there may be some short-term revenue gains from monies that were owed when they were operating, they may not be long-term gains. MS. LEE LOY: That's the balance, right. Deanna, is it better here in this piece of legislation or in an accompanying resolution in which we can push for this master list and then have it updated annually so that, as Steve just mentioned, right, we might find them but the compliance piece or noncompliance piece might actually reduce that revenue? Page 47 Hawaii County Council-27 November 18,2021 MS. SAKO: Right. And so, that's why it really needs to be part of the annual budget process. So, this year, we are going to have to bring forward, like, a budget amendment to get these revenues on the books and then determine where those would be spent. But in the future years, as I mentioned, we're going to have to restore many of the things we cut out of this year's budget. So, there isn't really going to be an excess. In addition, we're concerned that if the bill changes form too much and doesn't coincide with HRS, that we don't want to accidentally have it not be a legal and legitimate bill as well. CHR. DAVID: Excuse me. Thank you, Director. Ms. Lee Loy, could I go to the other members? Your buzzer went off a little while ago, and I believe Judge Strance is here and she'd like to weigh in as well. MS. LEE LOY: Sure. I do have one question, but I'll go ahead, Ms. Strance, and others in the chambers. CHR. DAVID: Okay, thank you. Ms. Strance. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Thank you. Elizabeth Strance, Corporation Counsel. As you folks are looking at the bill and proposed amendments, I just wanted to give you some context, which might provide some rails a little bit. I think, as we've discussed before, the authority of the County to impose any type of tax is by commission of the Legislature. The Legislature has given limited new opportunity, which is to impose up to 3 percent TAT. There has been nothing presented to this body from Finance to tell you what the amount of funds coming to the County is going to be. So, under the Hawaii Charter, the County Council does not have authority to implement its own appropriation absent some certification by the Mayor or Department of Finance that those monies are coming or are there. And so, you had a whole bunch of bills this morning acknowledging receipt of and accepting receipt of money and then placing them in the budget. So, when Ms. Sako was describing about the—appropriate concern about this proposed amendment from Councilman Richards being a potential appropriation, it comes from our County Charter that the Council doesn't have independent authority to make an appropriation from the General Fund. You have some authorities with capital matters but not the General Fund. So, appropriating money before it's been declared to be there could constitute an appropriation. Page 48 Hawaii County Council-27 November 18,2021 The other part of it might be, well, it's being earmarked, so does it get earmarked within the General Fund or is it a special fund? And there, again, our County Charter requires that special funds be set up upon the recommendation of the Mayor, and then the Council, by ordinance, can abolish or establish a special fund. And so, there hasn't been a request to establish a special fund. And so the context, I think, some of Ms. Sako and Mr. Hunt's comments are you might be putting the cart ahead of the horse because there hasn't been a request to appropriate the funds, or any legislation placed before this body that we have in there. The other piece that I would—it's not so much a caution but a concern in that, yesterday, during Committee, Ms. Kimball introduced a legislative package that would have further modifications to the TAT bill and the enforcement in collection options of it. So, I think some of what you folks might be struggling with is the cart-before-the-horse issue. The second part is there are a number of moving parts. And because the intent of the bill is to slide in to impose the tax, there are some pieces that have to be put in place. So, there's this cooperative agreement out there that may take a part of it. There are discussions going on, it sounds like, within the various executives throughout the State. There are discussions happening within, you know, the Council, Council colleagues. And there's been, I think, some effort on the part of the counties to try to have some sort of uniformity as we march forward so that there's not so many moving pieces once things start to settle. And so, I would just really provide that context of the moving parts, your authority under the chapter under the Charter, as well as your authority under the Hawaii Revised Statutes. So anyway, I just wanted to provide that context because I think it puts some of the comments that Mr. Hunt and Ms. Sako were making into some broader context and may help understand some of your frustrations that you're expressing because there's not a clean puka to put your round peg. Or you may be putting a square peg in a round hole. CHR. DAVID: Thank you. Thank you, Ms. Strance. And, Ms. Lee Loy, I'm going to there's two lights on here in Kona. I'd like to go to—Mr. Richards, were you or ? MR. RICHARDS: I think so. MS. KIMBALL: I just wanted to make a brief point, if that's okay, with regard to what Judge Strance just commented on. MR. RICHARDS: (Inaudible.) MS. KIMBALL: Okay. Yeah, I just want to refresh everyone's memory as to how this all took place in terms of the State Legislature. It was at the last minute Page 49 Hawaii County Council-27 November 18,2021 it got replaced. There are problems with the language in the Act itself, and I do suggest everyone look at the bill that's being put forward through HSAC (Hawai`i State Association of Counties) to fix some of the problems. I mean, one of the reasons that Steve and all are having to work out these mechanisms to collect it is because the language in the HRS didn't enable the State to collect it for us and then distribute it out. One could argue that maybe we don't want them to collect it for us because it's easy just to put it in there. But I do want to reiterate that this was thrust upon us in a fairly rapid manner, and it is still evolving. And so, I think we need to be cautious about—that's part of the reason why we refer to the HRS as much as possible and pare down the language as much as possible because there are still things that are evolving with this at the State level. Thank you, Chair, I yield. CHR. DAVID: Thank you, Ms. Kimball. Mr. Richards, go ahead. MR. RICHARDS: Thank you, Chair. And thanks, Judge. As always, I listen very carefully when—it would be characterized as constitutional law, is what we're going forward of trying to do here. On the content of my amendment, Parks and Rec. desperately needs more funding. And I agree a lot with what Ms. Lee Loy said about how are we going to do this. We don't have—do we need the program? Do we need the warm bodies? What do we need to make this thing work going forward? And we don't really know. That's why I was trying to be nonprescriptive. And to the Department of Research and Development for the program of tourism, with all due respect, Mr. Inaba, I disagree with you because we are going to have tourism coming. If we ignore it, we'll have a bigger mess. So, we have to choose to manage it. Now, that being said, Ms. SakoI think you're still at the table. Yeah, it looks like you are the intent is to put up guardrails. The people the group that's going to be paying most of this are willing to pay it if we have guardrails. And we can invoke a new legislative process, the pinky promise, as far as working towards getting the funding in the appropriate places. And I will contact you this week about that. Are we going to be able to work some day on this going forward? Because I listened to Judge Strance, and I see what her point is, and I think it's very valid. MS. SAKO: So as I mentioned, I think I've been trying to listen to all the Council Members and their wishes or anticipation of where maybe this money can go. And in the current fiscal year, yes, our budget is balanced. So, we'll be able to fund some of these programs. It's just, in the future, we just have to remember Page 50 Hawaii County Council-27 November 18,2021 we're replacing money that was lost from our budget. And while other counties may be making more, it's going to take us a few years to get into the "more" category when tourism is fully restored to the 2019 levels, our pre-pandemic— MR. RICHARDS: I appreciate that and that's why part of my amendment also has a financial declaration to suspend it if we need to do that. MS. SAKO: Right. So MR. RICHARDS: Because I am sensitive to that, and I appreciate the concerns for that. And so, I'll talk story with you, like I said, invoking this new legislative process. MS. SAKO: Got it. MR. RICHARDS: But what I'm going to end up doing is I'm going to withdraw this amendment for the time being because more than the applications are because I think they're very important and I don't agree that we shouldn't do it, but I do agree that I don't want to jeopardize the process going forward. And I think that's my reason for withdrawing. If we have—we'll work on a way to get that in place because once again the funding is coming because of tourism, and the intent is a tourism impact. So, we have to do that as a legislative body to support the funding that the intent of this tax was first established so many years ago now. So with that, I think, Clerk, to withdraw, I just withdraw. Correct? CHR. DAVID: Yes. MR. RICHARDS: So, I'm going to withdraw this amendment for this time, but I am concerned about not having guardrails. And I'll work something out with you, Deanna. So, I am withdrawing, Chair. Withdraw Motion Mr. Richards withdrew his motion to amend Bill 81, to Amend: Draft 2, with the contents of Comm. 449.11. CHR. DAVID: Thank you, Mr. Richards. Let me see. MS. LEE LOY: Chair? CHR. DAVID: We're back to the yes. I'm sorry, Ms. Lee Loy. MS. LEE LOY: Yeah, if we're back to the main motion, I had a couple more questions before we start jumping into maybe other amendments because I am being very Page 51 Hawaii County Council-27 November 18,2021 CHR. DAVID: I'm sorry. Before you start, can I ask over here if they, who have not spoken yet, if they have something to say before you do? Thank you. Any Council Members here? Okay, you can go ahead. Thank you. MS. LEE LOY: Thank you. Kind of clunky when we're in two places. On the main motion, right, Deanna, because I want to get back toI think everybody's trying to digest this, right, we're going to do this, how do we collect it, how do we spend it. So, I want to focus back on that collection piece. I just want to keep driving it home. Is it something the department would be willing to entertain, like a resolution that marches through a master list within a year? MS. SAKO: We're not opposed to a resolution, but it is already our intent to do that. It's just our only discussion is really, is it going to be the vendor? Because we know a lot of these vendors are going to be proposing some more than others. And so, it's just going to depend on if it's our staff or a vendor, but it's definitely our intention to work through that. And hopefully, we would be able to work with Planning as well since they obviously should have applied for a permit at the same time. MS. LEE LOY: Thank you. Thank you for that because I think, aside from all of this collection, I think it would be wise for the community to see, like, a punch list or an action list, right. We're going to move this in. We're going to see a master list. Clearly, we're going to amend the budget along the way. But even that process, right, it's political. And so, thank you. Thank you, Chair. Thank you for answering my questions, Deanna. I yield. CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else in the Hilo side? MR. KANEALI`I-KLEINFELDER: Chair, if I could? CHR. DAVID: Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Thank you very much. Motion to Amend: Mr. Kaneali`i-Kleinfelder moved to amend Bill 81, Draft 2, with the contents of Comm. 449.15. Seconded by Ms. Villegas. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you very much, Chair. A quick preface: I listened very intently to the Council to the reactions from my first amendment, and I thought about it for a week and a half. And then I put this together with the help of LRB (Legislative Research Branch). And I really do appreciate a lot of people reaching out to help; a lot of concerned phone calls, too, and support for this from the community. Page 52 Hawaii County Council-27 November 18,2021 What you have in front of you in 449.15 is an amendment that would create a two-tiered system. The two-tiered system would be for, one, a non-resident CTAT tax or County Transient Accommodations Tax of 3 percent, and then, as well, a resident CTAT tax of.25 percent. The basis of this is that the enabling legislation gave us the ability to tax up to 3 percent. My last attempt to exempt residents, I think, although I'd still stick to those guns, I'd like to get our residents out from underneath of another tax. This sticks within the enabling legislation's parameters from what I can read. So, it's back in front of us. I really would ask for our Council to just review this and take this from the point of we already pay our taxes. We already pay fees. We already pay for the infrastructure. We do in everything that we do. Whether it's through GE(General Excise) tax, whether it's through going to the store to buy a case of beer, whether it's through going to the hotel, we do. And so, I want everyone to think under those lines. When we go to participate on our island this is for Hawaii County residents when we participate in the amenities here, I don't think we should be paying the taxes. I'd love to make this zero. I, personally, didn't want it to be a .25, but I feel that this is in line with the enabling legislation, again. With that in mind, I'm asking for the Council's support today. I understand this is a revenue stream. And I understand the importance of these funds in making up what we lost for the General Excise Tax, as a whole, from the State, but we shouldn't be pushing anymore taxes upon our residents. It cannot be on the backs of residents here. So, that's my push today. I'm hoping for support. I think it behooves us to take into account what our residents need and what this TATI think the true intent of TAT is to handle the tourists' impact on our island, not our residents' impact. We live here. We pay for it. We take care of things. We already malama the `aina in a lot of different ways. And so, I'd like to hear people's comments today. I really hope for some support this time around. But for now, Chair, I yield to my Council Members' comments. Thank you. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. On the motion to amend, Council Members, any comments? Go ahead, Ms. Kimball. MS. KIMBALL: Thank you. Thank you, Council Member Kaneali`i- Kleinfelder. I can tell that the intention your heart is in a great place with these proposed amendments. We all don't want to burden our local residents anymore. But we just got this today, and I need a little time to review it. Again, I think there's some concerns here because there's still things evolving and, particularly, that"not to exceed 3 percent." If you review the package from HSAC, which Judge Strance referred to, that piece of legislation around TAT which is intended to clean up the bill actually does another thing and actually removes that cap. And that's something that came out of City and County of Page 53 Hawaii County Council-27 November 18,2021 Honolulu. I don't propose that we do this, but their thought was, in that regard, that the counties know best what we need. And so, they did not think the Legislature should dictate to us what that cap was. And so, that's something that may evolve. And so, I'm concerned about prescripting that in this enabling language. The other thing is to just, again, be clear that with this we're protecting the folks that collect, not the people that go on vacation. It gets automatically passed on; we know that. But this—my question would be, and I see Judge Strance has her light on, if you have a hotel facility and the responsible payer for the TAT is a resident, you are exempting, in this language, in my interpretation, or reducing from the whole hotel. I'm not sure if that's true, and I'd love Judge Strance to weigh in, but I think that's a potential unintended consequence. So, this is not like an individual thing. This is on the responsible taxpayer that is leasing the temporary facility. So, I'll pass it on to you, Judge Strance. Again, I have a you're the legal mind; I am not. So, I'm just looking at this and going, "Oh, but what are the potential consequences and interpretations with other stuff that we know is going on?" Mr. Kaneali`i-Kleinfelder, I do want to express I really do support the intent here, but I'm concerned about the legalese. Thank you. MS. STRANCE: Thank you. CHR. DAVID: Go ahead. MS. STRANCE: The concern with this proposed amendment is the State didn't authorize the counties to exempt certain people from the tax. In addition, the amount of tax collected is based upon a definition of"transient"that has been adopted by, I believe, the Department of Taxation. And so to adopt this amendment, one, is it doesn't appear to be authorized under the statute. And then secondly, it would place the County in a position of having to develop its own completely separate method of calculating tax and collecting tax and implementing an entire procedure that would only apply to Hawaii County residents who go to a hotel or vacation rental upon Hawaii Island. So, it's creating aI don't know what the numbers are and we might be looking at, worth looking at. But beyond that, the proposed amendment is not authorized by the statute. The more appropriate place to go to accomplish, Mr. Kaneali`i-Kleinfelder, what you're seeking to accomplish is for an amendment at the State Legislature level or at the Department of Taxation level in a request for rule changes. Thank you. CHR. DAVID: Thank you, Judge Strance. Anyone else? Mr. Richards, go ahead. Page 54 Hawaii County Council-27 November 18,2021 MR. RICHARDS: Thank you. Matt, I do love your intent in trying to make it work. Once again, we're hitting that procedural problem. And I'd love to help figure out how to make that one work, but I'm listening very carefully and, once again, we're running into a problem on this. I don't know what the answer is, but I do like your intent. Chair, I yield. CHR. DAVID: Thank you, Mr. Richards. Anyone else? Ms. Villegas, go ahead. MS. VILLEGAS: I concur with the sentiments of my colleagues in this gratitude for Council Member Kaneali`i-KI einfelder's creative thinking in how to mitigate any increases in tax burden on our constituents. My concern is that once again we're kind of cart before the horse. It's similar to the last piece of legislation, which was withdrawn, that we're not a place yet to complicate. Circumstances are already very complicated. And so from just a logistical standpoint, I'm not sure it's executable in the long run. And so, that's my caution on this. In a perfect world, I think this would be a great opportunity. I think that this sends the right message to our constituency and recognizes your values as a leader in your community especially, Matt, in your sensitivity to the tax burden that our people already carry. I just don't know if logistically this is executable and be that no fault of anyone in particular. It's just where we're at because we're already navigating kind of a wonky transition in each of our counties. So I fully support you, Matt, and the purpose of this and the vision for it. I just am feeling cautious on whether or not it could be pulled off. And I'd hate for it to jeopardize, in any capacity, this much-needed funding for our County in general. So, once again, I'd love—I wish we had the numbers to know how many people this would affect and how much money that actually entails as a burden. Heck, right now, I was looking for a hotel room for somewhere to go for my anniversary in January, and hotel rooms are a thousand dollars a night. So, won't be doing that regardless of the extra 3 percent. So, we've got some big pricing challenges, as it goes, with locals being able to afford to stay in our resort facilities now that we have moved through the pandemic. So, thank you for your understanding and continued creativity and flexibility with this, Mr. Kaneali`i- Kleinfelder. I yield. CHR. DAVID: Thank you, Ms. Villegas. Anyone else? In Hilo? Oh, Mr. Inaba on this side first. Thank you. MR. INABA: Yeah, real quick. I mean, I don't want to copy but the intent of this is good, Mr. Kaneali`i-Kleinfelder. And I think, as the paper reported, it seems like we should be creating this opportunity. But based on what Judge Strance has said and more so how we would go about creating this distinction functionally, both on our end as a County and on the end of every single operator or Page 55 Hawaii County Council-27 November 18,2021 accommodation that would be collecting, it's just difficult at this point. But I want to mahalo you for bringing this forward, which is something that would benefit our community and the people that live here. So, mahalo to you. CHR. DAVID: Thank you, Mr. Inaba. No one else here in Kona. Hilo? Ms. Lee Loy or Mr. Kaneali`i-Kleinfelder? MS. LEE LOY: Thank you, Chair. I'm not going to be patronizing. I think the bottom line is the State never gave us the authority, and we're trying to find a way. I can't do it. Because if we're not given the authority, then it's illegal. It's illegal and I'm not going to—we want to find ways, but I'm not going to do it illegally. But I think we're hearing a lot of unity around trying to find a way. We just have to find it in a legal path. Thank you. I yield. CHR. DAVID: Thank you, Ms. Lee Loy. Mr. Kaneali`i-Kleinfelder, I believe, if you'd like to say a few words before we move forward. MR. KANEALI`I-KLEINFELDER: I would; thank you. Deanna, let's just say the amendment passed by some great circumstance. How would your department view getting this funding? I mean, in your brain, how would this lay out as far as the County Council approves a two-tiered tax rate—one for residents, one for non-residents? So, the third parties who are taxing the taxpayers, as defined in this bill, are required to pay—are charged to collect it, and they've collected two different rates now. So, for the Finance Department, do you see extra headache there? Do you see issues? Do you see kind of a zero—there's not a plus, there's not a negative, it's just right down the middle? MS. SAKO: I think it would be a lot more complicated. I think the system that we're going out for, and Steve will correct me if I'm wrong, was not intended to be like a tiered system. So, we may have to split off from that statewide collection system to be able to, or pay for modifications to be able to do this. In addition, I don't know how we're going to audit the taxpayers to determine that they are remitting the correct amount, how much detail they would keep to say that they ensured it was like a Hawaii County resident. Yeah, I see a few more headaches with this. MR. KANEALI`I-KLEINFELDER: Okay. MS. SAKO: But like everyone has said, I mean, we all want to help our local residents. It's just I don't think the State law is providing that right now. But I am definitely concerned that the system or the vendor that we're trying to get to help us collect is not going to be able to do this in the timeframe as well. MR. KANEALI`I-KLEINFELDER: Okay. Thank you for that answer. That's helpful. And then, Ms. Strance, are you there? Page 56 Hawaii County Council-27 November 18,2021 MS. STRANCE: I am, thank you. MR. KANEALI`I-KLEINFELDER: Okay. Ms. Strance, I've heard from Corporation Counsel that—well, I've heard it from different sources a few times now that the legislation doesn't provide for this ability. But I would like to argue, just for the sake of argument, that an argument that's based on because it doesn't say we can, we can't. MS. STRANCE: I would say we disagree because the way the law is set up is you only can if you are given permission. And so,we haven't been given authority. MR. KANEALI`I-KLEINFELDER: I would ask, then, the authority that was granted to the County via the legislation that the State provided allows for the counties to tax up to 3 percent, specifically, right now the way it stands. MS. STRANCE: Yes. The concern that I have about your proposal is that it changes definitions of"transient." So, to create your tiers, you'll have to describe different people doing the same thing differently. And so, that's the concern throughout the existing statute to 37D. There's the use of the word "transient" and it has a definition. So, everything from who is a transient to from whom and how the tax is collected is based upon the definition of a word. And so, the County has not been given authority to redefine the word to use throughout the statute. So, that's the concern and it's our conclusion that you would have to the County would have had to have been granted the authority to make those kinds of distinctions before it could do that. MR. KANEALI`I-KLEINFELDER: Okay, so a follow-up question then. I did see the definition of what was considered "transient" in the State bill. I haven't adjusted the word "transient," and I can't because that's State Legislature and that's through the Act, but I have created a definition for the Hawaii County resident. And so, I'm having trouble following your argument because you have said I've adjusted the definition of a transient although I haven't. I've just defined within our legislation that we have both a two-tiered system, sorry, a two- tiered system with both resident and non-resident as falling under the category of what the State considers to be "transient." MS. STRANCE: I hear what you're saying, and by use of the word "definition," you're inserting a new provision into the definition provision of the statute. And that is the basis of our opinion that the County was not granted authority to do that. MR. KANEALI`I-KLEINFELDER: I would fall back, then, to the County has been granted the ability to tax up to 3 percent for transient accommodations, and I do not think that this bill steps outside of that. Page 57 Hawaii County Council-27 November 18,2021 MS. STRANCE: Okay. We just disagree. MR. KANEALI`I-KLEINFELDER: I would like to mention, too, and I don't want to argue with you, Ms. Strance, but I would say that I've brought up a very similar bill and I asked for an opinion in writing from the Office of Corporation Counsel so that I could better understand the point of view. Because this is the way we create legislation here, and we have this discussion via Council. But a huge part of this is understanding your point of view as well and grasping that so when the Council is going to be writing legislation, we can understand what the concerns of the different departments are. So, when I asked for that document, it would help me guide the creation of amendments like the one that I've brought forward. But I haven't received that document, and it's made it difficult to kind of meet you in the middle, if you would, on this. And I agree that we can agree to disagree at the Council level, but I really do feel like I addressed all of the concerns out there—maybe not all of them but most of the concerns that were brought forward with this, and I feel this is important. And I don't know why, but I feel this is very important for us to take on as a Council and to have some very clear answers from our different departments. So, I don't want to belabor the point today. I think, at this point, unless the Chair would like to mention or have any say in this, then I'll probably be making a motion to postpone this so that I can further the discussion with Corporation Counsel as well as some of the Council Members, without stepping outside the Sunshine Law. But I would like to just ask, Betsy, for a clear guiding document on not"I think,"not"I'm concerned with,"but"it is" or "it isn't" an option to take on legislation like the one I've brought forward and why. CHR. DAVID: Okay. Mr. Kaneali`i-Kleinfelder, are you making your motion to postpone? MR. KANEALI`I-KLEINFELDER: Yes. At this point, I'd like to make a motion to postpone Communication 449.15. CHR. DAVID: You're postponing the bill and the communication as your amendment, right? You're asking that we postpone this matter. MR. KANEALI`I-KLEINFELDER: Yeah, a quick procedural matter. I want to be able to bring this back. Mr. Clerk, if I withdraw, can I bring this back again? MR. HENRICKS: Yes. You're withdrawing the motion to amend. The communication would still exist and be viable. MR. KANEALI`I-KLEINFELDER: Okay. Page 58 Hawaii County Council-27 November 18,2021 Withdraw Motion Mr. Kaneali`i-Kleinfelder withdrew his motion to amend to Amend: Bill 81, Draft 2, with the contents of Comm. 449.15. CHR. DAVID: Thank you. So noted, Mr. Kaneali`i-Kleinfelder. You have withdrawn your motion to amend Bill 81, Draft 2,with the contents of 449.15. Thank you. We're back to the main motion, and now are you making your motion to postpone? MR. KANEALI`I-KLEINFELDER: Chair, if I could? CHR. DAVID: Go right ahead. Motion to Amend: Mr. Kaneali`i-Kleinfelder moved to amend Bill 81, Draft 2, with the contents of Comm. 449.16. Seconded by Ms. Villegas. CHR. DAVID: Okay, this is on Communication 449.16, motion to amend. Go ahead. MR. KANEALI`I-KLEINFELDER: Okay, thank you. And I do appreciate the conversation today from everybody. It's a learning experience and I really did bring 449.16 to the Council for the conversation alone. My love would be to see 449.15 go through but that's been withdrawn. So, 449.16. Now, following the same idea, this is a different take on it, that the 3 percent would still be required from the taxpayer, but that a limited amount would fall to the resident. And the full remainder would be on the taxpayers defined in the bill. So, this is an interesting one because it would say,basically, that a resident would pay .25 percent while the renting or the third parry who's renting/letting/leasing to the resident of Hawaii Island be required to cover the rest or the remainder. And I thought this was worth discussion. It's an interesting take on the same idea. It lessens the impact on our residents, but it does require that the third parry fulfill the same tax amount that would have been in place regardless. Again, for discussion's purpose to see where everyone stands. I yield for now, Chair. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Any comments? Thank you. Go ahead, Ms. Villegas. MS. VILLEGAS: I guess my first comment would be a question to Judge Strance about whether or not this falls under the same arena of complications as the prior. MS. STRANCE: Our conclusion is that it does. MS. VILLEGAS: Okay, thank you. Page 59 Hawaii County Council-27 November 18,2021 CHR. DAVID: Thank you. Do you yield, Ms. Villegas? Thank you very much. Anyone else? Seeing none, ready to take the vote, Mr. Kaneali`i-Kleinfelder, on your motion to amend. MR. KANEALI`I-KLEINFELDER: You know what, Chair, if I could? Is there any further discussion in Kona? CHR. DAVID: No. MR. KANEALI`I-KLEINFELDER: Okay. It was interesting. I thought I'd try, see what the discussion comes up with. It's always good fun. It's what we do here at the Council. Withdraw Motion Mr. Kaneali`i-Kleinfelder withdrew his motion to amend to Amend: Bill 81, Draft 2, with the contents of Comm. 449.16. CHR. DAVID: Thank you. So noted. Mr. Kaneali`i-Kleinfelder has withdrawn his motion to amend Bill 81, Draft 2, with the contents of 449.16. Thank you, Mr. Kaneali`i-Kleinfelder. Now, back to the main motion. Anyone else has anything to say on this one? MR. KANEALI`I-KLEINFELDER: Chair, if I could? CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. I appreciate everyone's patience today. I know we're at our noon lunch break, and we're almost at the end of our agenda. I really appreciate the conversation today. I think a lot of you understand the intention. But there's got to be a point at which we not only understand the intention, but we make the move to do what we need to do to take care of our residents here. It's our responsibility. I'm going to ask here, again from Corporation Counsel, for a document that clearly outlines why some of the questions that were raised today are in what's being termed "illegal." I do agree to disagree right now. And then going forward, I'd really like to see how the HSAC package lays out. We do have a deadline in front of us for January 1st, 2022, which is in a month and a half, to have this, I think, passed. Correct? Is that right? MS. KIMBALL: No, that's the start date, as established by the enabling legislation. It is not a deadline. MR. KANEALI`I-KLEINFELDER: Okay, but if we don't then we're behind the ball. Correct? Page 60 Hawaii County Council-27 November 18,2021 MS. KIMBALL: It just means less time that we're collecting. MR. KANEALI`I-KLEINFELDER: Understood. So, I think it's in our best interest to get this done as soon as possible so that we can get on the ball and make up for what we're losing for GE. In that light, we have about, what do we have, three readings left. Two? Two readings? And we need to have thisso, I guess what I'm trying to say is we're kind of under the gun here as far as it comes to funding so Deanna's not stressing out in six months, trying to scratch her head on what we're going to do for our budget maybe in the last three or four months. So, the answers that I am seeking, personally, I'd like to see them sooner rather than later. And again, I appreciate the conversation. I like hearing my Council Members' concerns as well as the department's concerns. But I do want to make some headway on this, sooner rather than later because we're under the gun as the County. We don't have enough time to dillydally. So with that said, I yield, Chair. Thank you. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Go ahead, Judge Strance, before we close. MS. STRANCE: Just so I know where to pick up. Council Member Kaneali`i- Kleinfelder, did you receive that detailed email from our office either yesterday afternoon or this morning regarding your proposed amendments? MR. KANEALI`I-KLEINFELDER: I have not but I've been in the meeting all day. So, I haven't checked. MS. STRANCE: Okay. I know where to pick up then. Thank you. MR. KANEALI`I-KLEINFELDER: Thank you. CHR. DAVID: Thank you, Judge Strance. Ms. Kimball, before—okay. Before I MS. KIMBALL: I just wanted to offer some final comments. There were suggestions made that may require modification to the HRS. HSAC has this vehicle, so I invite any of you that want to take that tax to bring that to me, and I'll take it to the HSAC Executive Committee. I also wanted to refer everyone to the HRS that establishes this tax and what it's intended to pay for. We talked a little bit about the guardrails and where it was supposed to go. And it is clearly defined in the HRS that it's for public facilities and parks and amenities that assist the visitor industry. So, I don't have anything further on me otherwise I'd read it. But the HRS does actually establish fairly general but certain guardrails as to how the funds are intended to be used. Page 61 Hawaii County Council-27 November 18,2021 Appreciate everyone's support. Like I said, January 1st is not a deadline. It is the start date that we've established. We're already behind for the last one. City and County of Honolulu has passed theirs through final reading. So, I request that we continue to move this forward, acknowledging that we do have one more hearing before it becomes official. Thank you, Chair, I yield. CHR. DAVID: Thank you, Ms. Kimball. MS. LEE LOY: Chair, on the main motion. CHR. DAVID: Oh, yes, go ahead. MS. LEE LOY: Thank you, Chair. I'm going to be supporting this on first reading, but I want to ping the Administration. I'm listening to my other colleagues. I would like to get it to second reading, however, as Deanna mentioned earlier, if we, as a body,put together a resolution kind of outlining our wish list, I heard Deanna not being opposed to that. And I would actually like to companion some voice of the Council. We want to give a break to our constituency. There's so many moving pieces. And then we want to know how to spend it, right. And so, I'm going to support it here at first reading. I hope Mr. Kaneali`i-Kleinfelder gets what he needs from the Administration, but I also will be floating a real loose resolution about some of the other intentions that I've heard by my colleagues today that hopefully can catch up with this particular bill at second reading. Thank you, I yield. CHR. DAVID: Thank you, Ms. Lee Loy. For the record, we note that Ms. Kierkiewicz has rejoined us. Ms. Kierkiewicz, before we take the vote on Bill 81, Draft 2, would you care to comment? MS. KIERKIEWICZ: Yeah. Thank you, Chair, for the opportunity. And mahalo nui to Ms. Kimball for working hand in hand with the Administration to put something forward. This is something we have to do because the Legislature did pass this at the last session. And I think we all want to be able to direct where some of these monies go, and have had conversations with the Administration about what that could look like. And so, we'll continue to work with Deanna and others to figure out how we put this money to use through community and really clearly articulate how these TAT monies are addressing some of the things that were originally intended with this funding, which is to support the impact of tourism on our island. So, I'll be supporting it in its present form. Thank you, Chair. CHR. DAVID: Thank you, Ms. Kierkiewicz. Mr. Richards. MR. RICHARDS: Thank you, Chair. Interesting conversations today. And going forward, I get the intent of this. My constituency was very supportive of Page 62 Hawaii County Council-27 November 18,2021 this provided we get some guardrails up. We don't have some guardrails up yet. So, I'm not going to be supporting this going forward, though I appreciate the intent of it. And then, we'll have our talk-stories and circle back around when we come to it. Thank you, Chair. CHR. DAVID: Thank you, Mr. Richards. I'm going to wrap this up. Thank you, Judge Strance, Director Sako, Deputy Steve, for your input. It explains a lot as far as what our jurisdiction is under the current legislation and directives from the State. And I understand and I respect that. And I also respect the fact that this body just really wants to do whatever they can to help this community get these monies to the places where it would basically support our communities as a whole. And I support that as well. But I understand that there are certain rules that we have to follow, and I like Ms. Lee Loy's idea of a resolution just to give the Administration an idea of where we want these fundings to go. And on that, thank you, Mr. Kaneali`i-Kleinfelder, for your two amendments, and Mr. Richards. I just reallyI'm so disappointed here that we all have good intentions but getting there is the difficult part of it when we have to abide by certain rules and laws. So, our creativity will have to come out between now and the next time. So, thank you, everybody, for doing all that you do, and we're ready to take a vote. Mr. Clerk, roll call,please. Vote on Bill 81: The motion to pass Bill 81, Draft 2, on first reading and Draft 2 adopt Finance Committee Report No. 85 was carried by the (Approved) following roll call vote: Ayes: Council Members Inaba, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—6. Noes: Council Members Kaneali`i-Kleinfelder and Richards —2. Absent: Council Member Chung— 1. Excused: None. CHR. DAVID: Thank you very much. Bill 81, Draft 2, moves forward to Council with a positive recommendation for second reading. Thank you. All right, I think right now we're going to the next item on the agenda, Mr. Henricks. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (There were none.) REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: Page 63 Hawaii County Council-27 November 18,2021 Comm. 493: DAVID RIEHLE V. COUNTY OF HAWAII; CIVIL NO. 3CCV-20-0000055 From Deputy Corporation Counsel Section Chief Laureen L. Martin, dated October 27, 2021, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including litigation filed by Daniel P. Kirley, Esquire, on behalf of his client David Riehle. 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 493, as authorized by Section 92-5(a)(4) of the Hawaii Revised Statutes. Seconded by Ms. Villegas. CHR. DAVID: Mr. Clerk, when do we do the motion on the communication? MR. HENRICKS: It's not necessary. It's just an option to enter discussion, but the motion to enter Executive Session immediately is in order. CHR. DAVID: Okay,perfect. Then all those in favor of going into MR. HENRICKS: It allows for discussion, though. It's not necessary but it allows for discussion. CHR. DAVID: Any discussion, Council Members? MS. LEE LOY: Chair? CHR. DAVID: Go ahead, Ms. Lee Loy. Oh, Ms. Kierkiewicz? MS. LEE LOY: No. CHR. DAVID: Oh, Ms. Lee Loy. Sorry. MS. LEE LOY: I'm actually okay and willing to move forward with the recommendation by Corporation Counsel. However, if other colleagues would like to go into Executive Session, I'm fine to do that, but I'm okay with just moving it along. CHR. DAVID: All right. I'll ask the other Council Members how they feel about going into Executive Session. Or are you comfortable with, as Ms. Lee Loy said? Ms. Kimball, go ahead. MS. KIMBALL: Yeah, I actually hold the same position. I'm comfortable moving forward but certainly am willing to have a discussion with Corp. (Corporation) Counsel if folks want to go into more detail. CHR. DAVID: Okay so, you are fine with not going? Page 64 Hawaii County Council-27 November 18,2021 MS. KIMBALL: Yeah, I'm fine with not going to Executive Session. CHR. DAVID: Okay, all right. MS. KIMBALL: But also want to say if there are others that really feel the need to discuss, then I will support that as well. CHR. DAVID: All right. Council Members? Any other Council Members that have—Mr. Inaba. MR. INABA: Yeah, I just want to know if there is anything besides what's been provided here that Corporation Counsel might need to advise us of prior to us making a decision on the matter. CHR. DAVID: I see. Well, then, that would be—if Corporation Counsel Ms. Martin is in Hilo. Ifoh, on Zoom. I'm sorry, yes, on Zoom. She would be able to advise if you had questions, whether those questions could be brought outside of Executive Session. So, Ms. Martin, are you available? MR. ARACELEY: Madam Chair, this is Relley. It seems like Ms. Martin is on the Zoom, but she may be having difficulties connecting her audio at this moment. CHR. DAVID: Okay. Okay, Council Members,we're not connecting up with Ms. Martin at this time. So, Mr. Inaba, what is your ? MR. INABA: Okay. MR. ARACELEY: I apologize for interrupting. It seems like she can connect now if Council Member Inaba would like to place that question. CHR. DAVID: Okay, thankoh, there she is. (Note: At this time, Deputy Corporation Counsel Section Chief Laureen L. Martin came forward to address the members of the Council.) CHR. DAVID: Thank you, Ms. Martin. Mr. Inaba. MR. INABA: Hi, Ms. Martin. Thank you. Just beforeI'm not sure if you heard what was discussed, but some of my colleagues are comfortable moving forward without going into Executive Session. And I just want to confirm that there's no additional information that your office might want to share with us outside of what is provided in this packet before we make a decision. Page 65 Hawaii County Council-27 November 18,2021 MS. MARTIN: No, I don't have any additional facts to share. But if Council Members had specific questions regarding the liability of this matter, it should be done in Executive Session. MR. INABA: Okay. No further questions from me. Thank you. CHR. DAVID: Thank you, Mr. Inaba. Anyone else? Mr. Richards, go ahead. MR. RICHARDS: Chair, I'm good to go. Thanks. CHR. DAVID: Okay, awesome. All right, it looks like everyone's good to go. Ms. Martin MS. LEE LOY: Chair? CHR. DAVID: Go ahead. MS. LEE LOY: In light of that and maybe some guidance from the Clerk, but I'll be entertaining a motion to close file on this communication and accept the recommendation of Corporation Counsel. CHR. DAVID: Is there a second? MR. HENRICKS: Prior to doing so, the motion to enter into Executive Session should be disposed of or withdrawn. CHR. DAVID: Okay. MS. LEE LOY: Motion to withdraw the motion for Executive Session. CHR. DAVID: Thank you, Ms. Lee Loy. MR. HENRICKS: No need to make the motion. The maker of the motion CHR. DAVID: Just withdraw. MR. HENRICKS: Can just simply withdraw. MS. LEE LOY: The matter's been withdrawn. Withdraw Motion Ms. Lee Loy withdrew her motion to enter into Executive to Enter Into Session regarding Communication 493. Executive Session: CHR. DAVID: It's noted that, Ms. Lee Loy, you're withdrawing your motion to go into Executive Session. Page 66 Hawaii County Council-27 November 18,2021 MS. LEE LOY: That's correct. CHR. DAVID: Thank you very much. And now you can go ahead with your motion. MS. LEE LOY: Thank you, Chair. Motion to close file on Communication 493 and accept the recommendation of Corporation Counsel in the matter. Vote on Motion Ms. Lee Loy moved to concur with the recommendation of to Concur: Corporation Counsel regarding Comm. 493. Seconded by (Approved) Mr. Inaba and carried by the 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. OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There was none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. CHR. DAVID: I believe that takes us to the end of our MR. RICHARDS: Motion to adjourn. CHR. DAVID: Wait. Before you do that, we have this has been a week of announcements. And I just wanted to make a special announcement for our young colleague here who has completed his Doctorate in Education and has a focus in educational leadership. I'd like to just say congratulations to Mr. Inaba. We're proud of you. MR. INABA: I just wanted to say thank you for this moment and this recognition. And I'm happy to be able to focus more time and energy on the work that we do here. CHR. DAVID: Awesome. MR. INABA: Mahalo. Page 67 Hawaii County Council-27 November 18,2021 CHR. DAVID: Congratulations. Anyone else? MS. LEE LOY: Yes, Chair. CHR. DAVID: We're going to have—go ahead. MS. LEE LOY: Two things to my colleague. Doctor—is it going to be Dr. Inaba now? Congratulations. Hul6 hul6. But also to those in our community, a very happy Thanksgiving as we enter into a season of incredible blessings,just like the one we're celebrating today with Dr. Inaba. I yield. CHR. DAVID: Mahalo for that, Ms. Lee Loy. Thank you very much. Anyone else? Seeing none, all right. MR. KANEALI`I-KLEINFELDER: I wanted to say CHR. DAVID: Oh, go ahead. MR. KANEALI`I-KLEINFELDER: Congratulations. Congratulations, Mr. Inaba. That is amazing. Good job. That is a very strong title. And it takes a lot of education and perseverance to get there. So, good job. Good job, my friend. MR. INABA: Mahalo. CHR. DAVID: All right, Council Members. Now, we will entertain a motion to adjourn. ADJOURN- There being no further business, at 12:33 p.m., Mr. Richards moved to adjourn the MENT: meeting. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Chung— 1. Excused: None. Page 68 Hawai`i County Council-27 November 18,2021 CHR. DAVID: Thank you, everyone, for your cooperation today. This meeting is adjourned at 12:33. Council Approval: DEC 2 2 2021 C� _ I 'K JH/dg/ja Page 69