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HomeMy WebLinkAboutMIN COUNCIL 2021-12-08 2020-2022 Hawaii County Council 28th Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii December 8, 2021 INVOCATION: Kahu Charlie Kama of Hale Pule Ke Ola Hou gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 1:00 p.m., in the Council Chambers, Hilo, by Ms. Maile Medeiros David, Chair. ROLL CALL: Present: Ms. Maile Medeiros David, Chair Mr. Aaron S. Y. Chung, Vice Chair Mr. Holeka Goro Inaba, Member Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member Ms. Heather L. Kimball, Member Ms. Susan L. K. Lee Loy, Member Mr. Herbert M. "Tim" Richards, III, Member(came in later) Ms. Rebecca Villegas, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Mr. 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 (Note: At this time, Ms. Kierkiewicz and Ms. Kimball presented a Certificate of EXPRESSIONS OF Merit to the Zonta Club of Hilo for its 16 Days of Activism campaign where Zonta CONDOLENCE: Club members were encouraged to take action and speak up to end violence against women.) Recess: At 1:22 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 1:31 p.m. Hawaii County Council-28 December 8,2021 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: Cory Harden: Bill 91 (Comm. 491), in support. (representing Sierra Club —Hawai`i Island Group) Maki Morinoue: Res. 267-21 (Comm. 502); and Bill 91 (Comm. 491), in support. Gary Rosenberg: Bill 91 (Comm. 491), in support. Laura Mallery-Sayre: Res. 281-21 (Comm. 535), in support. (representing Daniel R. Sayre Memorial Foundation) Frank Sayre: Res. 281-21 (Comm. 535), in support. (representing Daniel R. Sayre Memorial Foundation) Stephanie Donoho: Res. 263-21, Draft 2 (Comm. 497.3); (representing Kohala Coast Res. 276-21 (Comm. 526); and Resort Association) Bill 81, Draft 2 (Comm. 449.10), comment. Kiyoko Nanni: Res. 267-21 (Comm. 502); and Bill 91 (Comm. 491), in support. Autumn Ness: Bill 91 (Comm. 491), in support. (representing Beyond Pesticides) Marcia Brinkley: PRPSC-21 (Comm. 489); and (representing Veterans Advisory PRPSC-22 (Comm. 490), in support. Committee and Daughters of the American Revolution) Joshua Anthony: Res. 269-21 (Comm. 517), in support. Setsuko Morinoue: Res. 267-21 (Comm. 502); and Bill 91 (Comm. 491), in support. Blake Watson: Bill 91 (Comm. 491), in support. Page 2 Hawaii County Council-28 December 8,2021 Shannon Matson: Res. 281-21 (Comm. 535); and Bill 91 (Comm. 491), in support. Carolyn Pellet: Res. 277-21 (Comm. 528), in opposition; Bill 81, Draft 2 (Comm. 449.10), comment; Bill 83 (Comm. 465), comment; Bill 84 (Comm. 466), comment; Bill 92 (Comm. 495), comment; Bill 96 (Comm. 528), in opposition; and Bill 97 (Comm. 532), in opposition. CHR. DAVID: Mr. Clerk, we have two requests. I'm going to do Bill 97 first and then Resolution 281, if that's okay. 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 November 3, of Minutes: 2021. Seconded by Ms. Lee Loy 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. 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 97: AMENDS ORDINANCE NO. 21-39, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2021, TO JUNE 30, 2022 Adds the following Public Works projects to the Capital Budget: 4 Mile Creek Bridge ($6 million) and 4 Mile Creek Bridge—State ($12 million). Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund— Fund Balance and/or Other Sources ($6 million) and State Grants Receivable ($12 million), to be used to reconstruct the existing bridge from one lane to two lanes. Reference: Comm. 532 Intr. by: Ms. Lee Loy Waived: FC Note: Requires 2/3 vote of the entire Page 3 Hawaii County Council-28 December 8,2021 membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter CHR. DAVID: Before you go, Ms. Lee Loy, let the record reflect that Mr. Chung has joined us. Go ahead, Ms. Lee Loy. Motion to Approve: Ms. Lee Loy moved to pass Bill 97 on first reading. Seconded by Mr. Richards. (Note: At this time, State Representative Richard Onishi came forward to address the members of the Council.) MS. LEE LOY: Thank you, Ms. David, and Chair. First of all, I want to thank my Finance Chair and yourself for advancing this through Committee. I also have online Representative Richard Onishi who is the architect of bringing the matching monies from the State. And so, I wanted to give Representative Onishi a few minutes to share the goals and objectives of the money and how we hope to match this with our $6 million, making the project$18 million and moving this forward. Thank you for being here, Mr. Onishi. REP. ONISHL Thank you, Council Woman Lee Loy, and thank you, Chair, for allowing this particular agenda item to be moved up on the agenda. This project has been in the works since about 2016. We originally got$13 million in 2017 for the replacement of the bridge, to make it from one lane to two lanes. Unfortunately, the funds for that project lapsed. DOT (Department of Transportation) at that time did not prioritize that project even though it was a County project. So the funds lapsed. So, last year, we were able to secure funds again in a matching program with the County, and really appreciate the help of Chair Lee Loy and also your support and the Finance Chair's support in trying to expedite the County's funding for this project in order for us to get this project done in an expedient and successful manner. This project is really important to many people, not just in Hilo but Puna and Kea`au and Volcano. This is a major thoroughfare or major access to Highway 11 from the upper Hilo areas. It is also a major access area for people traveling from the Puna and Volcano areas, Kea`au area, into Hilo and into the upper. It gives them an alternative route for getting into Hilo, especially if they're traveling up through the upper Hilo areas or to Puainako to join up with the Saddle Road. So, this is a really important project, and we had hoped that the full Council sees fit to support the funding to match the State's funding. Mahalo. MS. LEE LOY: Thank you, Representative Onishi. And as he shared, he's bringing kind of a three-to-one match for us. So, he's bringing $12 million, and Deanna Sako is also here. So, we're bringing six to kind of round out the project Page 4 Hawaii County Council-28 December 8,2021 at$18 million. But I also have Director Rodenhurst from the Department of Public Works here with us. Thank you for allowing me to share this because we skipped over committees. So, I just wanted to get everybody up to speed on why we're advancing this. And, Director Rodenhurst, if you don't mind coming forward. This project is kind of multi-pronged. One, it is to increase the bridge from one lane to two lanes; looking at signalizing Kilauea Avenue with Haihai Street. And we all know we just opened up a new fire station up on Haihai Steet. And so we're having problems with our emergency vehicles coming down Haihai Street and making the right to head out to Puna just because that's too tight of a turn, and that bridge is a one-lane bridge. And so, Director Rodenhurst, if you don't mind walking us through kind of at a high level the steps going forward, and just a real thumbnail sketch of the timelines. (Note: At this time, Public Works Director Ikaika Rodenhurst came forward to address the members of the Council.) MR. RODENHURST: Yes. Mahalo, Council, and mahalo for moving this up so we can address this. Director Rodenhurst, Director of Public Works. So, 4 Mile Creek Bridge. This bridge is an old bridge. It is historical in nature. It does provide access to and from, like was mentioned, Highway 11 to Kilauea and Haihai. There are concerns with emergency vehicles traversing that turn, coming down Haihai and either going to the right onto Kilauea going towards Highway 11; also turning left onto Kilauea, heading more towards Hilo. There are some concerns with that, and that's the way the intersection has been for some time. Moving forward, as like a thumbnail overview of where we are, this ordinance is necessary so we can move forward and request the Governor to approve this release of funds so we can procure design consultants for this project, and get that process moving. As we've mentioned before and as mentioned many times over, bridges sometimes can take years to get going, and the sooner we start the better. Once we get these funds released, we can procure the design consultant and work with DAGS (State Department of Accounting and General Services) on the procurement process and working with any kind of fiscal paperwork we need to work with them on this project. This isn't like the DOT one previously. This is going to be working with DAGS on this. Once we get that released and we can acquire a design consultant for this, we'll be able to scope out the project and design and get forward on the historical review, the archeological review, the hydraulic and environmental reviews; see how this is affecting our environment and looking at not just what's good for now but what's good for the future as well with the traffic improvements at the intersection of Haihai and Kilauea. Page 5 Hawaii County Council-28 December 8,2021 So, this process can take some time, depending on the design. We will be looking to replace the one-lane bridge and making it a two-lane bridge. On top of that, we want to make sure the intersection is traversable by emergency vehicles, and it is adequate for not just our current traffic but our anticipated traffic for what our numbers are looking like for the community moving forward. We also want to make sure that our public outreach is improved upon. We want to make sure we communicate to the public the status of this project as we go, especially with these bridge projects and this big price tag of$18 million. People will want to know where is this money going. And in that design process for bridges, the first couple of years, there's not a whole lot of fanfare, not a lot of boots on the ground. So, it's going to be important for us to communicate with you as well as the community of where we stand and where we are moving forward. And this is something that we are working on with our existing projects to improve. And we want to make this one of those projects that we can show how it's done from start to finish. MS. LEE LOY: Great. Thank you, Director Rodenhurst. And one more piece to all of this is this particular bridge goes over an active floodway. And so the other third piece to this is addressing our 100-year floodplain issues. Just getting a lot of the water that comes from Waiakea-Uka down into the appropriate floodways. So, big project. Big price tag. But thank you very much for being here, and I invite any of my colleagues to ask questions. This is the type of hard infrastructure that we hope to do well with a lot of money coming from the Federal government and other sources. So thank you, Chair. Thank you again for the waiver. Representative Onishi, thank you for being here. I yield at this time. CHR. DAVID: Thank you, Ms. Lee Loy. Go ahead, Director. Go ahead. MR. RODENHURST: If I can just add one more thing. And I don't know how much more time Rep. (Representative) Onishi has on this, but I wanted to thank Council Member Sue Lee Loy and Representative Richard Onishi for their part in this. And I appreciate their support and appreciate the funds from the State moving forward with this. So, I just wanted to put that in before; I'm not sure if he has to leave or not. CHR. DAVID: Thank you very much. And Representative Onishi, happy holidays to you, and mahalo for being here today. REP. ONISHL Thank you, Chair. I appreciate that. And I'm available for questions. CHR. DAVID: All right, thank you. I'll go to the—Ms. Kierkiewicz, go ahead. Page 6 Hawaii County Council-28 December 8,2021 MS. KIERKIEWICZ: Thank you, Chair. Mahalo nui, Rep. Onishi, for your continued leadership on the State side and bringing funding home for Hawaii County. I think this is the second or third piece of legislation that we have seen or I've seen during my time in office where you have provided a lot of funds for capital improvement projects on Big Island. So, thank you. It means a lot to have your support and the State's support on this. Just a couple things I wanted some clarification on. So, Director Rodenhurst, you mentioned wanting to get work started with the design engineering process; I'm assuming engaging third parties to assist in that process. Is that correct? MR. RODENHURST: Correct. Once these funds are made available, we will be engaging a third-party design consultant to design this bridge. MS. KIERKIEWICZ: And manage the project. It's not something that's going to be managed internally. MR. RODENHURST: At this time, with our current staffing and our current project workload, it is highly likely we will have management from a third party, but I can't confirm that at this time. MS. KIERKIEWICZ: Okay. Just understanding what the current kind of bandwidth and capacity is. Want to make sure we're not stretching ourselves too thin because there's a lot of projects happening. And so just appreciate your thoughtfulness around that. I had a question for Director Sako—and if you want to just nod your head, can but Director Rodenhurst wants to move forward with some pieces. There is a matching piece to this on the County side. Can he just get started now, or do we need to wait until the State funds are released? Yes, he can start now? Okay. So for the record, you can get started without waiting for the State to release the funds. Rep. Onishi, any timeframeI'm sorry if you mentioned this earlier—but the timeframe for when we can expect the Governor and Budget and Finance to release the funding? REP. ONISHL So, there's a process when it comes to State funds being released for projects. So in this case, I would assume that the entire scope of the project needs to be developed and submitted as a request for the matching funds to the Governor through DAGS. DAGS will review the project to ensure that the funds are going to be used for the appropriate purpose for which it was allocated. Once they have that research in and process done, they would then forward their recommendation to the Governor, and the Governor then would hopefully sign the release for the funds to be given to the County. Page 7 Hawaii County Council-28 December 8,2021 So, not exactly sure what DAGS would require in terms of design of the project, to what detail the scope needs to be done in order to get the release for the funds. But part of that would be required in order to get the funds released from the State. And we have a three-year window from when the funds were allocated, I believe, which was July 1st, 2021, to get the monies released from the Governor and encumbered by the County. MS. KIERKIEWICZ: Thank you, Rep. Onishi, for walking us through the timeline but also the timing element of when we need to draw down and spend those funds. And I'm going to assume, Director, you're going to be in touch with DAGS to make sure that a proper scope of work is being articulated so that they can sign off and release the money in confidence. Okay, great. Thank you. This is so needed. I traverse that bridge at least once a day, and it's a cluster sometimes, you guys. And so this is sorely needed. I've also seen it where that bridge is actually flooding because of heavy rains. And so,just appreciate that we are starting to design and engineer something that would meet the needs of not just the present community but thinking forward about the growing communities that access that particular area. So, mahalo nui again, Rep. Onishi, Council Member Lee Loy, for all of your leadership and bringing home these dollars. Chair, I yield. CHR. DAVID: Thank you, Ms. Kierkiewicz. Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Thank you for being here today. Mr. Onishi, mahalo for pushing for funding at this level for this project. We've seen so many challenges in transportation needs across Puna. This is one of those projects. Since we've implemented that traffic light at Shipman, I've seen this bridge get completely inundated with traffic. For mesorry, nothing to laugh about there. It's just frustrating to drive home every day. But it's just been a frustration. So, this kind of a project will help alleviate that traffic, hopefully. I'm interested in knowing a little bit more from the Director. When you're sayingI heard signalization of Haihai and Kilauea. Is that correct? MR. RODENHURST: I didn't bring that up. That was brought up by Council Member Lee Loy. But it's possible it might lead to signalization. We will do an appropriate traffic study to determine what is the best action necessary for that. MR. KANEALI`I-KLEINFELDER: Okay, good. I'm glad to hear there's going to be a traffic study done. That's crucial in understanding what's going to happen at that intersection down the line with whatever infrastructure we do put in. Then something else that caught my attention while we have the Fire Chief here. I was wondering, if you can give me a second, what kind of, I mean, how often do Page 8 Hawaii County Council-28 December 8,2021 we respond from Waiakea-Uka to Puna with Fire Department vehicles from the Waiakea Station? (Note: At this time, Fire Chief Kazuo Todd came forward to address the members of the Council.) CHIEF TODD: So while I don't exactly have the data from my computer in front of me MR. KANEALI`I-KLEINFELDER: Don't have to be perfect. CHIEF TODD: "More than you would think" is the answer to that question. Puna is our fastest growing area on the island in terms of residents moving in, houses being built. And as many of you guys know, we've added an ambulance to the Hawaiian Paradise Park Station, and yet, they are still considered pretty much one of the busiest units out on the road, even though they're pretty brand new. And we look at our numbers in terms of the region. There have been times when I worked as a firefighter back in the day, that every ambulance on the east side of Hawaii was in the Puna region at the same time. Most of us were in Nanawale, but it just kind of depends on what's going on in the area and what's happening. But quite consistently, you've got guys from Haihai Fire Station going straight down the road and taking a right to go head out and deal with an issue, mostly on the medic and stuff. But occasionally if we have a fire, we're going to send our resources in that direction as well. MR. KANEALI`I-KLEINFELDER: Okay, thank you. Thank you for clarifying that. I wasn't sure of how much use we get out of the intersection for developing for emergency response, so thank you for clarifying that. And then on the financial side, it's looking at$6 million on the County end, matching $12 million from the State. And then, Deanna, do you have any idea of where those funds are coming from? I can see it's listed here as Capital Improvement, General Obligation, but what exactly are we—where are the funds coming from and where are they going? (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: So, we have some options. Most likely, we will use the General Excise Tax Fund probably to repay the bond so that we can stretch those dollars and make them go further. MR. KANEALI`I-KLEINFELDER: Okay. So, some of our GE (General Excise) Surcharge funding, which has a fairly large balance right now, towards the proj ect. Page 9 Hawaii County Council-28 December 8,2021 MS. SAKO: Yeah. MR. KANEALI`I-KLEINFELDER: Okay. So no long-term, well, I mean the no long-term debt, then, is what you're saying. MS. SAKO: We may take out bonds to stretch the General Excise Tax dollars farther because there's a lot of bridge work that's coming up. And so, we are going to be needing those monies. But whether we borrow it or outright fund it, it will come from the General Excise Tax Fund. MR. KANEALI`I-KLEINFELDER: Okay. Okay, thank you, Deanna. And then, Mr. Onishi, I'll be supporting this today, and I would really love to have you the entire State Legislature really take a look at our Puna infrastructure. And from town all the way up to Volcano and all the way out to Kalapana. We are in definite need of a strong review of traffic and flow, given the density that we've seen, the increase in density. And I know you're a proponent of that, and you've been very helpful on a lot of different things. So,just really looking forward to seeing some project like this out towards more of our rural areas, which you represent as well. So, again, I'll be supporting this today, and appreciate the funding and hope to see some funding further out into our more rural Puna areas as well. Thank you. Thank you for the overview today. Thank you for the departments being here. Glad to move this through and get this moving for our community. Thank you. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Mr. Richards, go ahead. MR. RICHARDS: Thank you, Chair. And again, Rep. Onishi, thanks for championing this and also Councilwoman Lee Loy for getting this done. A quick comment: I hope we're using this as we're prepping. And I appreciate what, Deanna, you have said about the financing side. I'm not sure if this Federal money coming towards us, if we're going to be needing to match or not. But I'm hoping that we're kind of setting the stage and knowing—and Director Sako is nodding her head that we're setting the stage so the funding is there, ready to go so we can implement, depending on what we're able to get. Is that a fair statement? She's saying yes. Okay. So,just prepping it that hopefully we'll get a bunch of this infrastructure money to take care of things like we're talking about. Take care of Ms. Kimball's bridges in Hamakua and in some paving all around the island. So, thank you, Chair. I yield. CHR. DAVID: Thank you, Mr. Richards. Anyone else? Ms. Lee Loy, go ahead. Page 10 Hawaii County Council-28 December 8,2021 MS. LEE LOY: Yeah,just some final comments, and I do appreciate why my colleagues are leaning in on Director Rodenhurst; everybody's watching this one, right. How we match the monies, how we stack the monies, whether we're floating bonds, whether we're grabbing it from GE, whether there's money in Fair Share Contributions, or some of that Federal dollars coming down. There is so much need for hard infrastructure. As Mr. Richards mentioned, Ms. Kimball with her bridges, but also in Puna the flooding going on, the roads just—there is so much need. And if we do this good and this becomes the model, we can have a lot of shovel-ready projects and really begin to start to receive a lot of that funding. So, thank you to my colleagues for their support and, again, for waiving this through, Mr. Kaneali`i-Kleinfelder, Ms. David. And to my colleagues, help me. Help me hold them accountable to this project because it's going to matter for everybody else. And then it will also demonstrate to our Legislature. And I see Mr. Onishi nodding his head. Right, Mr. Onishi? If we do this well, if we partner well with the State, then they're going to be wanting to bring more money to Hawaii County. Thank you, Chair, I yield. CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else? MR. ONISHL Chair, if I could say a few words? CHR. DAVID: Go ahead, Representative. MR. ONISHL So, partnership with the County I think is so critical for us to help the County with different types of projects. And Councilwoman Kierkiewicz hinted about some of the other projects that we've done. We helped match funds with the Volcano School of Arts and Science so they could build a new facility up in Volcano. We have also partnered with Councilwoman Lee Loy to provide matching funds for the Waiakea-Uka park to expand the park, to pave the parking areas so that we get people off of Ainaola Drive and that hazardous condition that poses with kids, especially at the playground, and also to build a community center. So, these are all projects that are possible and that we can leverage our joint funds. And I just wanted to say that when the County came a few years ago to ask for the General Excise Tax additional funding to be utilized for all kinds of County projects, we were very concerned that the funds would not be used to improve our roadways, transportation, and access for the people on Hawaii Island. So, we did not allow that. And this is the perfect example of how those excise tax funds can be used to match with State funds and with possibly Federal funds in order to get projects done. So, really appreciate the support of all the members of the Council Page 11 Hawaii County Council-28 December 8,2021 for this project. And I'd like to work more closely with all of you to move forward with other projects. Thank you. CHR. DAVID: Mahalo, Representative Onishi, for your comments. And if no one else has any comments, I'd just like to thank you myself, and Ms. Lee Loy. Because what I think you've explained is that you have pretty much set a procedural template for use of these kinds of funds that I don't believe we've ever had before, or the opportunity get these funds. So, thank you for that because it's a template that I think will benefit this County. There's so many infrastructure needs in Ka`u; it's endless. And that really relates to public safety. And not only during emergency or flooding, but in disasters. So, thank you so much, Director and Representative Onishi. So, all those in favor of approving Bill 97 at first reading, please say "aye." Vote on Bill 97: The motion to pass Bill 97 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Mahalo for being here. We're going to move to Resolution 281. Res. 281-21: AUTHORIZES THE COUNTY OF HAWAII TO AWARD FUNDS TO THE DANIEL R. SAYRE MEMORIAL FOUNDATION Provides a grant of$250,000 to be used in conjunction with other funding sources to purchase a helicopter to donate to the Hawaii Fire Department. Reference: Comm. 535 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 281-21. Seconded by Ms. Kierkiewicz. CHR. DAVID: All right, go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Thank you, Chair. We did have members of the Sayre foundation here on Zoom with us this afternoon, and I just love to hear from them. It blew me away when she said, "We have gotten together Page 12 Hawaii County Council-28 December 8,2021 $4.2 million for the"—how much was it?—$4.75 million. Can you come up, Chief? (Note: At this time, Fire Chief Todd Kazuo came forward to address the members of the Council.) MR. KANEALI`I-KLEINFELDER: That is an impressive amount of dollars that they are able to raise and get into our Hawaii County Fire Department. So, I appreciate them and love them and hold them very dear. Chief, I am sure you feel the same way, but if you could? CHIEF TODD: Okay, so, obviously I haven't been Fire Chief that long, although it probably feels for you guys like you've seen me every day. And while I am up here, before I forget, I did want to mention that is a very awesome tie. I like the colorful Christmas season there. MR. KANEALI`I-KLEINFELDER: Very Christmassy. Thank you. CHIEF TODD: Yeah. But while we're up here, so one of the things we've done at the beginning of my term as Fire Chief is to start looking at some of our major needs. And we have a couple sections that are in critical need. We have a couple of areas, like our policies and procedures which really need to be looked at, and our financial status which needs some improvement, and it's the reason I keep on asking you guys for money. But in addition to that, one of our major needs was that our helicopter that does the primary medical evac (evacuation) on our island and basically goes out and does a lot of rescuing and then fighting the fires is 28 years old. Unfortunately, one of these new helicopters to replace our 28-year-old one costs about $5 million. And if you look at my budget for the fire side, it's a little over $30 million we allocate towards the fire side. That's about 1 out of every $6 that would have to go just to buying one piece of equipment. So it's not exactly built into our budget. So we sat down with our mechanics and our pilots and our paramedics who work on the chopper and said, "Hey, if we just had the money, first off what would we get?" And so they'd been toying back and forth between two different choppers, which parts are available, there's mechanics on-island, but still would meet the need for the medical side of things and allow us to go out and do our job that are new and could be replaced. And so we put together a PowerPoint, and we sat down with the Sayre Foundation to talk about"These are some of the needs. And if money wasn't an object and you just, for some reason, found some people that had lots of money that might want to donate, this is kind of what we'd be looking for." So, we provided them with a PowerPoint. They then took that and rounded up some people that maybe Page 13 Hawaii County Council-28 December 8,2021 are extremely generous and looking to help support the County and where we need it. And they were able to get commitments for $4.75 million, of which we were just short a little bit since the price quotes that had come in for a new chopper were at, like, 4.8, 5, and 4.9 million, depending on which one our crews wanted to get with the medical packages and everything else. And so, if the County is willing, this will bridge that tiny little gap to allow the Sayre Foundation to go out and get us what they have set out to do. MR. KANEALI`I-KLEINFELDER: Thank you, Chief. I'm looking at the resolution, and we're actually granting funds to the Sayre Foundation to help with the purchase. Correct? CHIEF TODD: That is correct. MR. KANEALI`I-KLEINFELDER: I mean I don't want to go against this. This is beautiful and I want to make sure you guys get what you need, but where is the funding coming from? CHIEF TODD: I haven't the slightest idea. Just following Deanna. MR. KANEALI`I-KLEINFELDER: That's good because we happen to have the Finance Director in the back of the room. CHIEF TODD: And maybe she'll reiterate this, too: We do have a current chopper, which the plan is that once we get a replacement chopper, that would sell. MR. KANEALI`I-KLEINFELDER: Okay. CHIEF TODD: And those funds would end up back with Deanna. So, I think just from a Fire perspective, this might be a loan and the upfront to deal with it. And then later on, because obviously there's no money just lying around, but Deanna was going to finalize the fine details on that. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: There is definitely like a timing matter associated with this too. We're all expecting prices to increase January 1st. So, we definitely want them to get it at the best price. So, Fire has money currently available in their budget that they can front, but we will be coming in with a budget amendment after the first of the year. There's some other accounts that are short this year as well, and this will be one of those adjustments to replace it. Page 14 Hawaii County Council-28 December 8,2021 Because we're not going to be able to sell the helicopter for another two years. It's going to take about 18 months, I believe, for delivery. So, some of it's timing. But we definitely want to take advantage of this opportunity while we have it. MR. KANEALI`I-KLEINFELDER: Okay, so it's coming out of the Fire Department's budget and going to the Sayre Foundation to help with the purchase. And then at some point, we'll sell the helicopter that we currently have and then those funds go back to the County. MS. SAKO: They'll go back to the County, yes. MR. KANEALI`I-KLEINFELDER: Okay. So, kind of like a long-term or short- term loan. Interesting. Okay. And then there will be a bill accompanying to track the money between the different accounts and such and such, yes? Or does it—is there any ? MS. SAKO: I'm not sure if what I said and you said were the same, so I'm just going to say it one more time. MR. KANEALI`I-KLEINFELDER: Okay. MS. SAKO: We are going to have to actually appropriate money into Fire so that they can cover it because it's definitely a timing issue, because we won't be able to sell the helicopter till, like, two fiscal years from now. So then it would go back into the County's, like, General Fund, and we'll have it available for other needs later. MR. KANEALI`I-KLEINFELDER: Okay. MS. SAKO: But we are going to have to make sure they have the appropriation this fiscal year. MR. KANEALI`I-KLEINFELDER: Okay, interesting. Have we done this before. This is normal? This is abnormal? MS. SAKO: Granting funds or ? MR. KANEALI`I-KLEINFELDER: Yeah. MS. SAKO: I mean, we grant funds. We've not done something like this that I'm aware of. MR. KANEALI`I-KLEINFELDER: Yeah, this is new. I've never seen anything like this before. Page 15 Hawaii County Council-28 December 8,2021 MS. SAKO: But we're very grateful for this opportunity. MR. KANEALI`I-KLEINFELDER: Agreed. So I don't want to go in too negative, but I just wanted to try and figure out where we sit. Okay. CHIEF TODD: Yeah, so just to reiterate, and I think the Sayres had mentioned it, too, the original quotes when we had been researching all the data were good until the end of this year. And we expect those to jump by 10 or 15 percent if we don't move on it, which is one of the reasons this had been expedited. So I appreciate you guys looking at it right away. MR. KANEALI`I-KLEINFELDER: Thank you. Yeah, and we're seeing that across the board as far as what costs are expected to do in the near future. So thank you for that reminder. Okay, Chair, I yield. Thank you very much. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Mr. Chung, I mean Mr. Richards. Sorry. MR. RICHARDS: Thank you, Chair. I don't think we can ever say enough about Frank and Laura Sayre. They're stellar. My question has to do—and I definitely support getting new equipment. My question is the methodology that we are granting funds to the foundation yeah, maybe Deanna could come back—as opposed to the funds coming from the foundation to the County, is this going to help streamline this? Is that what's the idea? MS. SAKO: Yeah. This will help streamline the process. The helicopter is not something we included in the current year's budget, so we're very grateful that they've been fundraising for it. But if they were to give us the money even at this point, we would have to put it out to bid, and that would take into the new year after the price increases. MR. RICHARDS: Okay. And I don't know if 1-this is a lease? Is this what we're doing with this helicopter? Or is this a purchase? MS. SAKO: I believe they are purchasing it outright, yes. MR. RICHARDS: Okay, all right. All right that answers my question. Thank you very much, Deanna. CHR. DAVID: Thank you, Mr. Richards. Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you, Chair. I don't have a question. I just wanted to mahalo the Sayres for their continued support of our County and, beyond that, all of the donors that gave very generously to their foundation to make this purchase possible. A lot of them are going without recognition and that's their Page 16 Hawaii County Council-28 December 8,2021 preference, but they are residents of our island that are giving in so many wonderful ways. And this is an absolutely worthwhile cause. My partner has been a firefighter and flown on those helicopters at both of these rescue stations. And so, it's just a lot of really great peace of mind for me to know that he's flying in the best possible equipment and being able to respond to people in these really critical situations. So, support this resolution, this bill and also the process of our County just being really nimble and embracing these opportunities to leverage public-private partnerships. Thank you, Chair, I yield. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, all those in favor, then, of approving Resolution 281-21, please say "aye." Vote on Res. 281-21: The motion to adopt Res. 281-21 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David–9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. There was a request from the department to waive the five-day hold. Vote on Motion Mr. Kaneali`i-Kleinfelder moved to suspend Council to Suspend Rule 15 to waive the 5-day hold for reconsideration of Council Rules: Res. 281-21. Seconded by Ms. Lee Loy 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. CHR. DAVID: Thank you. Director Messina, are you here for—okay, Bill 91. All right. Can we move to Bill 91 since Director Messina is here? Page 17 Hawaii County Council-28 December 8,2021 Bill 91: AMENDS CHAPTER 15, HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE 12 PROHIBITING USE OF GLYPHOSATE-BASED PESTICIDES IN COUNTY PARKS AND RECREATIONAL FACILITIES Prohibits the use of glyphosate-based pesticides by the County or its contractors in County parks and facilities listed in Section 15-68.1 of the Hawaii County Code, effective July 1, 2022. Provides certain exemptions, including the Hilo Municipal Golf Course, Hilo Drag Strip, and County cemeteries. Reference: Comm. 491 Intr. by: Ms. Villegas Approve: CRNRMC-1 and Comm. 491.62: From Council Member Rebecca Villegas, dated November 29, 2021, transmitting proposed amendments to Bill 91. Motion to Approve: Ms. Villegas moved to pass Bill 91 on first reading and adopt Climate Resilience and Natural Resource Management Committee Report No. 1. Seconded by Mr. Inaba. CHR. DAVID: Ms. Villegas, you can go ahead with your presentation and explanation. MS. VILLEGAS: Okay. Do I do the motion to amend? CHR. DAVID: If you don't want to discuss anymore and just want to discuss you're amendment, sure. MS. VILLEGAS: Yes. CHR. DAVID: Okay, go ahead. Motion to Amend: Ms. Villegas moved to amend Bill 91 with the contents of Comm. 491.62. Seconded by Mr. Inaba. CHR. DAVID: Go ahead, Ms. Villegas. MS. VILLEGAS: Fantastic. At the request of Corp. (Corporation) Counsel during the Committee meeting regarding Bill 91, it was advised that we go back and take a look at the terminology utilized in the purpose section at the beginning of this bill. I'm once again very thankful to Leslie Chow for her time and diligence in going back through this with me and with Corp. Counsel Judge Strance. Page 18 Hawaii County Council-28 December 8,2021 We did go through this and have some back and forth and dialog, and you'll note that there was quite a bit of information and terminology removed from the purpose section. But I am grateful for Judge Strance's guidance in ensuring that the terminology that's now utilized there is accurate and reflects this bill appropriately, and wouldn't cause any legal issues in moving forward with passing Bill 91. We also then moved the part that relates to, it says, "This ordinance shall not be construed to prohibit the use of glyphosate-based pesticides by persons or entities other than the County." Then that was actually just moved into Section 2. I want to thank everybody that showed up and testified today. From a science background, from a values standpoint, whether or not it relates to our pollinators, to the health and well-being of our children, to climate change, I believe that this piece of legislation is that small step in the right direction. I am deeply grateful for the support and commitment from Parks and Rec. (Recreation) and Director Maurice Messina to supporting this piece of legislation. And the reason that a law is necessary is administrations change. Leadership changes. I mean laws also can change, but this ensures that, moving forward, the maintenance of our park facilities, as stated in Bill 91, will not incorporate the use of glyphosate-based products. So I suppose, to me, this just seems very straightforward and common sense. But at this time, I'll open it up to my colleagues if they have any comments or questions. And thank you, Mr. Messina, for being here to answer any questions anyone may have. CHR. DAVID: All right, you're yielding. Thank you. Council Members, any discussion? Mr. Richards, go ahead. MR. RICHARDS: Thank you, Chair. And thank you for the work on changing this bill. My opinion hasn't changed on it because I still view this as an anti- agriculture bill. And I do appreciate some of the verbiage that's been put forth. I am a little concerned, and maybe Corporation Counsel can weigh in on some of this. When "the County shall not use," and I'm not sure if that verbiage should be "the County Parks and Rec. should not use," and then I would ask for clarification on that. I think we all received the testimony from Phyllis Shimabukuro-Geiser who is the Chair of Board of Ag (Agriculture) (see Comm. 491.77). And I thought she did a phenomenal job articulating the concerns. Obviously, our State Department of Agriculture views this as an end to agriculture. I want to preface this by saying that I am in full support of reduction of any type of chemicals in our environment, regardless of what they are. The misnomer of because something is qualified for organic farming means it's non-toxic is far from the truth. The point is we need to reduce everything as we go forward. So I'm fully supportive of that. Page 19 Hawaii County Council-28 December 8,2021 And I do appreciate what Parks and Rec. has done reducing the use of any of these pesticides, in this case an herbicide, in close contact to people. I think we're all for that. I do get concerned because, as I stated previously, this type of legislation is used as a springboard for justifying further legislation in other situations. And that's what one of my concerns is. We're also not qualified to make determinations. There was a lot of testimony about potential health concerns. Again, this body is not qualified to make any determinations of that. And there's even as recently as last month, there's information coming out that is on the other side of the argument. I think the point is there is a large argument about that. And just because we have a lawsuit doesn't justify what we're saying. So, I appreciate the work that's been done on it. I appreciate the focusing down on very specific. I am concerned that'll be used in an anti-agriculture legislation based upon any claim that might be going forward. And it's all about agriculture. And I think we need to be mindful of that. Reduction, absolutely. Categorical elimination, I can't support that at this time. I do appreciate efforts you have to work on this. So thank you but I will not be supporting this bill. I yield. CHR. DAVID: Thank you, Mr. Richards. Anyone else on the amendment? Seeing noneoh, go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I just want to mahalo Ms. Villegas for listening to our Council Members, her peers, and working with Corporation Counsel to address some of the concerns that were raised at the first hearing, and then making the necessary changes to her bill to remove wording that would be controversial or that could be construed as being something that it's not. So, I just want to say mahalo to her for actually listening. A lot of times we get wrapped up in the bill and you just want to push it forward and get it done, but it takes a true legislator to listen to what's going on around her and—or him and her—and then make the changes necessary to bring forward a bill that still suits the purpose wanted but meets everyone's needs. So thank you, Ms. Villegas. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else on the amendment before we take the vote? Seeing none, all those in favor of amending Bill 91 with the contents of Communication 491.62, please say "aye." Page 20 Hawaii County Council-28 December 8,2021 Vote on Motion The motion to amend Bill 91 with the contents of to Amend: Comm. 491.62 was carried by the following voice vote: (Approved) Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Back to the main motion; Bill 91, as amended. Any discussion? Ms. Villegas, go ahead. MS. VILLEGAS: I want to briefly go back to and point out that County government has zero jurisdiction over herbicides or pesticides used in the agricultural industry. This specific piece of legislation applies to Parks and Rec. Yes, ideally at some point, I am hopeful that the County will also adopt policies like this as it relates to DPW (Department of Public Works) and how we manage our roadways, but I believe that this is that step in the right direction for learning and experimenting and transitioning so that this change won't be quite as scary. We are at a critical time in the history of this planet. In the book Silent Spring, Rachel Carson is quoted back from the 1960s: "For the first time in the history of the world, every human being is now subjected to contact with dangerous chemicals from the moment of conception until death." We have subjected enormous numbers of people to contact with these poisons without their consent and often without their knowledge. And I really believe that this is that step in the right direction to ensure that our children remain healthy and safe in the parks and facilities and open common spaces. And hopefully it's a returning to the way that we manage our soils. The depth and breadth of the positive outcomes that are possible as we transition away from utilizing products like glyphosate. Open up new pathways for us to be better stewards of the soils on our island, which are our largest carbon sequestration resource. And returning to healthy soils allows for the long-term health and well-being of the people of this place, but also the plants and animals and our pollinators, which are so vital. So on so many levels, I believe that this piece of legislation is pivotal at this time and place in our history as humans. And yeah. So, I just ask for my continued support of my colleagues and that we could pass this through first reading. And with that, I yield. CHR. DAVID: Thank you, Ms. Villegas. Ms. Kierkiewicz, go ahead. Page 21 Hawaii County Council-28 December 8,2021 MS. KIERKIEWICZ: Thank you, Chair. I wanted to call Judge Strance forward. I think she had something that she wanted to offer up to the Council. Judge Strance. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Good afternoon. Elizabeth Strance, Corporation Counsel. I do think we may need to amend the bill to add the word "parks"to—and this was an oversight. When I look at it, it seems obvious that it's intended to be applied to the parks, but then in Section 15-92(a), the word "parks" is omitted after the word "County." And I think that was an oversight. I did want to address the work that— MS. hatMS. KIERKIEWICZ: I'm sorry. Could you repeat that again so I can find it? MS. STRANCE: Section 15-92(a). MS. KIERKIEWICZ: Judge Strance, I just wanted clarification. What communication number are you looking at? MS. STRANCE: 491 . CHR. DAVID: 491.62. MS. KIERKIEWICZ: Okay. And then what page? MS. STRANCE: Three. MS. KIERKIEWICZ: Section (a), the word "parks" is mentioned right after the word "County." MS. STRANCE: It's in the title but not in the language itself. MS. KIERKIEWICZ: Judge Strance, we're looking at it and we see the word. Section (a), right, 15-92(a), third line. It says, "County parks and recreational facilities." MS. STRANCE: I must be looking at the wrong version. I stand corrected. It's there. Okay. CHR. DAVID: Ms. Strance, do you want to take a recess? MS. STRANCE: No. I stand corrected. CHR. DAVID: Okay. All right. Page 22 Hawaii County Council-28 December 8,2021 MS. STRANCE: And then just a quick comment on the modifications that Councilwoman Villegas made around the purpose. Sometimes,people can agree on results for different reasons, and so the path to a result can be from different paths. And so the purposes of making the changes were twofold. One is that there was an intention by the County to continue to use the chemical in other areas. And so, including language that the chemical causes harm was thought to be we didn't want to have any kind of admission on the part of the County. However, the manufacturer itself had made admissions that if it's misused, it can cause certain harms. And so, the thought was that there was general consensus that the chemical can cause harm; there's just the debate on when it can cause harm. And so in the amended version, Council Woman Villegas actually took out more language than I initially recommended,just to be certain that it was the people could come from a lot of different paths to get to the same result. So, nobody has to agree that it causes harm,just that we're not going to use it at the parks because the park director says it's okay. Somebody can say this legislation is intended to avoid a catastrophic harm. There's a lot of different ways to get to the same result. Councilwoman Villegas was very interested in getting to a result without having to engage into a lot of debate as to why we got there. So, that was really those two contexts of our discussion. CHR. DAVID: Thank you, Judge Strance. MS. STRANCE: Thank you. CHR. DAVID: Go ahead. MS. KIERKIEWICZ: Thank you, Chair. Mahalo nui, Judge Strance, for that clarification, but also your very careful eye in reading through the legislation to make sure that we're crossing our "t's" and dotting our "i's." I know that Council Member Villegas has worked really hard on this piece of legislation. And thank you for listening to the concerns of a number of folks here on the dais. We don't have to get into a philosophical debate about those pieces, but I think we can all agree on the intent that's before us here in this current bill, and that's to reduce the use of these chemicals at our parks where our kupuna and our keiki play. And I just want to also recognize the collaboration with Parks and Recreation that's happening here, and Director Messena making every effort, even prior to this legislation, to curb usage of these chemicals. And I see this really as just codifying County practice. So, mahalo nui to everybody that was involved in getting us to this place. I yield. CHR. DAVID: Thank you, Ms. Kierkiewicz. Mr. Richards, go ahead. Page 23 Hawaii County Council-28 December 8,2021 MR. RICHARDS: Judge, before you run off, I'm just trying to understand this again, I fully support the reduction of chemicals in our society the comment about under the purpose because it's been stated that if it's used incorrectly. Is that what you're saying, under purpose, Section 1? By the manufacturer, if it's used incorrectly, it might cause harm. Is that what you were ? MS. STRANCE: I thought there was discussion at the last hearing that the manufacturer had not admitted that the proper use was harmful but that there had been harms caused by misuse. And so, one of the reasons for not using it at parks where children and other at-risk people congregate, and to eliminate the risk of human error, that it would not be used in the parks. And you had raised a concern about it being anti-agricultural. And so, there's language in the bill that it's not intended to apply to any other group than Parks and Recreation for the County of Hawaii. And so we tried to cast as broad a net as possible for those who may have reservations about there being any kind of admissions, but agreeing that maybe it shouldn't be used at the parks. So, whenever you cast a net, it might be cast too broad or not broad enough, and there is a lot of room for the concern that I had is that I didn't, given that it was consensus from Parks and from the Mayor's Office in signing the bill, there not be language that would have unintended consequences. So, that was my initial and primary concern as Corporation Counsel. CHR. DAVID: Okay, and I see your reasoning behind it. It does make a statement that I do not believe is accurate, and comments on the dais concerning our pollinators and all. Again, we have opinions all over the thing. So, making statements from this, my concern is that legislation will be used coming out that will be used as validation for something further. And that's where my concern is in this. Again, I fully support the reduction of chemicals in all of our environment. But I get concerned when we start nibbling away at things that can potentially cause a big problem for agriculture and for our society going forward. So, thank you, Judge. I appreciate that. I like the work you've done on this, Rebecca. I do appreciate it. I'm still not comfortable because I'm concerned about the impacts on agriculture going forward. Chair, I yield. CHR. DAVID: Thank you, Mr. Richards. Anyone else? MS. VILLEGAS: I just have one quick statement to make. CHR. DAVID: Go ahead, Ms. Villegas. MS. VILLEGAS: Actually, this is from a book called Breakfast at Monsanto's by Dr. Lee Evslin out of Kauai. And in his book, he quotes from the Monsanto label for Roundup that says, "Protection of wildlife, fish, crustacea, and Page 24 Hawaii County Council-28 December 8,2021 environment. This product is highly toxic to aquatic invertebrates. Do not contaminate dam, river, or stream with this product." So, there's some challenges with this product. And when Monsanto writes it on the label, to me that becomes concerning for all species exposed under any circumstance. And I yield. CHR. DAVID: Thank you, Ms. Villegas. Anyone else? Mr. Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: I'm content. I'm very content with the wording of the bill. And I think, ultimately, having both Corporation Counsel and the Director be here and be positive towards the bill makes a huge statement. And furthermore, we're discussing, I mean we're really discussing our parks. That's all we're talking about. We saw this before. I've seen this again and again. We're discussing use of glyphosate in our parks; it's very clear in this bill. In voting "yes"today, you're going to say we don't want to see glyphosate used in our parks. And there's even exemptions for some of our parks: the golf course, drag strips, County cemeteries; they're in there. And if there's an emergency that should arise, we could use it as well. So for me, I just look at this as in our more common areas where our keiki are playing, we're not using a chemical that could or could not be dangerous. I'm willing to take a leap and say I'm going to bet on the safety of our children and the people who use our parks that we need to make a decision now to say no to using this in those facilities. So, I appreciate the bill. I think you did well. And I'm going to vote "yes"today and say yes to the safety of our kids. So mahalo. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing none, all right then. Ms. Villegas, I appreciate the effort that you took since our last meeting and getting this to the point where the department, our Corp. Counsel, and this body—at least I speak for myself—is very satisfied on how this will help our children and our families that use park premises. So, I think when this came up a long time ago before, my position was if this encompassed agriculture, I could not support it, being a coffee farmer all my life and a rancher. We need these, unfortunately, these chemicals in order to maintain our farms. So, I would not have supported that if it was alI-encompassing. So, I really believe that you focusing this bill specifically the way you have, I can support it because I agree that this should not be all-encompassing. And if it was, I wouldn't support it. So, thank you for working with the department to get this to a point where it's beneficial, in my mind, to the health and safety of our people here on the island. It's a first step. And whatever happens after we're here no longer here, it's up to the next group of people to make that decision. But what's before me right now, I wholeheartedly support it because I believe in it. So, thank Page 25 Hawaii County Council-28 December 8,2021 you very much for your hard work. And on that, Mr. Clerk, can we do a roll call on this one? Vote on Bill 91: The motion to pass Bill 91, as amended to Draft 2, on first Draft 2 reading and adopt Climate Resilience and Natural Resource (Approved) Management Committee Report No. 1 was carried by the following roll call vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—8. Noes: Council Member Richards — 1. Absent: None. Excused: None. CHR. DAVID: Thank you, Director, for being here. Clerk Henricks, can we just go up to the top of the agenda, unless anyone else has a request to take anything else out of order? Seeing none MR. KANEALII-KLEINFELDER: Did we do the minutes already? CHR. DAVID: Yes, we did. Return to Order The Chair directed the Council to return to the order of business. of Business: COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. (There were none.) ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. (Note: Items in this category were taken up previously, out of order.) Res. 262-21: URGES THE DEPARTMENT OF PLANNING TO ASSESS THE FEASIBILITY OF ESTABLISHING A METROPOLITAN PLANNING ORGANIZATION FOR THE COUNTY OF HAWAII Requests the Planning Department to determine the necessary resources for the administration of the Metropolitan Planning Organization, which would leverage federal funding and collaborate with private and government sectors to increase access to multimodal pedestrian, bicycle, and transit options. Reference: Comm. 492 Page 26 Hawaii County Council-28 December 8,2021 Intr. by: Ms. Kierkiewicz Approve: PC-33 Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 262-21 and Planning Committee Report No. 33. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. We had a robust discussion in Committee. Really look forward to everyone's continued support on this. I have shared it with Senator Schatz's office in the hope that we can get some kind of determination, sooner rather than later, as to whether or not we have the census tracts to identify urban areas in Hilo and Kona. And so, I am encouraging him to connect with our Planning Department so that they are aware as they are the ones that are to take action on this particular resolution. It's just ensuring that we are trigger-ready to activate this and go after funding that is available for urban areas. And so just want to make sure everything's teed up and ready to go. Thank you, Chair, I yield. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, all those in favor of approving Resolution 262-21,please say "aye." Vote on Res. 262-21: The motion to adopt Res. 262-21 and Planning Committee (Adopted) Report No. 33 was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 263-21: APPROVES THE LEGISLATIVE PROPOSALS FOR INCLUSION IN THE (Draft 2) 2022 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE Includes a total of eight proposals, four submitted by the County of Maui, one by the City and County of Honolulu, two from the Hawaii State Association of Counties Executive Committee, and one by the County of Hawaii. Reference: Comm. 497.3 Intr. by: Ms. Kimball Approve: GOREDC-19 and Page 27 Hawaii County Council-28 December 8,2021 Comm. 497.4: From Council Member Heather L. Kimball, dated November 29, 2021, transmitting proposed amendments to Res. 263-21, Draft 2. Motion to Approve: Ms. Kimball moved to adopt Res. 263-21, Draft 2, and Governmental Operations, Relations and Economic Development Committee Report No. 19. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Ms. Kimball. MS. KIMBALL: Thank you, Chair. Motion to Amend: Ms. Kimball moved to amend Res. 263-21, Draft 2, with the contents of Comm. 497.4. Seconded by Ms. Kierkiewicz. CHR. DAVID: Go ahead, Ms. Kimball. MS. KIMBALL: Thank you. This is another clerical amendment. Our executive director caught that the lifeguard legislation was actually reintroduced by the Executive Committee rather than by Maui, which was the original one two years ago. So, appreciate your patience as we work out the precise language on this. CHR. DAVID: Thank you. Anyone else? Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Just mahalo, Ms. Kimball, for doing this so proficiently and so well and getting it together, and then giving us time, too, to come together if we had any suggestions for the package. So, thank you. MS. KIMBALL: Great. Thank you. CHR. DAVID: Thank you. Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Also just want to recognize Council Member Kimball for her hard work on this. It takes a lot to put these packages together. And I take a look at the list, and some of these things have been on the list, I think, for a number of years now. And I think we always have hope and faith that the Legislature is going to see the light and agree with us here. And so, I think we are all going to do what we can this session to advocate for these bills because they do mean a lot and can make a significant difference to us here in Hawaii County but also around the State. So, happy to support it. Thank you. CHR. DAVID: Thank you very much. Anyone else? Ms. Kimball, take us home. MS. KIMBALL: So, we'll vote on the amendment, Chair? Page 28 Hawaii County Council-28 December 8,2021 CHR. DAVID: Yes. All those in favor of amending Resolution 263 with the Communication No. 497(.4), please say "aye." Vote on Motion The motion to amend Res. 263-21, Draft 2, with the to Amend: contents of Comm. 497.4 was carried by the following (Approved) voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David–9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Back to the main motion. MS. LEE LOY: Chair? Vote on Motion Ms. Lee Loy moved to suspend Council Rule 24 to waive to Suspend the holdover for the substantive amendment of Council Rules: Res. 263-21, Draft 2. Seconded by Mr. Richards and (Approved) carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David–9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Go ahead, Ms. Kimball. MS. KIMBALL: Thank you, Chair. We're back to the main motion, which is to approve Resolution 263-21. Open to any—as amended, thank you—open to any questions or comments on the package that we did not cover during Committee. CHR. DAVID: Anyone? Any discussion? No? Okay. All right, all those in favor of approving Resolution 263-21, as amended with Communication 497(.4), please say "aye." Page 29 Hawaii County Council-28 December 8,2021 Vote on Res. 263-21: The motion to adopt Res. 263-21, Draft 2, as amended to Draft 3 Draft 3, and Governmental Operations, Relations and (Adopted) Economic Development Committee Report No. 19 was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Can we jump to Bill 81, Draft 2? Order of second reading first on the MR. HENRICKS: Okay. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following item was taken out of order: Bill 81: AMENDS CHAPTER 2, OF THE HAWAII COUNTY CODE 1983 (Draft 2) (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE TO IMPLEMENT A COUNTY TRANSIENT ACCOMMODATIONS TAX Establishes a three percent transient accommodations tax to be levied on all gross rental, gross rental proceeds, and fair market rental value considered taxable, under the definitions of Section 237D-1, Hawaii Revised Statutes, beginning on January 1, 2022. Reference: Comm. 449.10 Intr. by: Ms. Kimball First Reading: November 18, 2021 Motion to Approve: Ms. Kimball moved to pass Bill 81, Draft 2, on second and final reading. Seconded by Mr. Inaba. CHR. DAVID: Go ahead, Ms. Kimball. MS. KIMBALL: Thank you, Chair. We have had a pretty lengthy discussion about this and considered some amendments. I just want to take one second to just refrain the debate a little bit and just remind folks that we are covering the TAT (Transient Accommodations Tax) that used to be given to us by the State and collected by the State. The intent of that Transient Accommodations Tax from way back when, when it was founded, was to provide an offset for the impacts on the County infrastructure and services provided by the visitor industry. Page 30 Hawaii County Council-28 December 8,2021 In response to some of the suggestions that have been made for amendments, I just want to make it really clear that this is a progressive tax from the standpoint that it is paid mostly by visitors, and it is on a luxury item, which is travel. It's different from GE or the Fuel Tax, which is paid on a necessity. This is something that is progressive in nature because of to whom it applies. That being said, I did take this back to the HSAC (Hawai`i State Association of Counties) Executive Committee and just ask if anybody else had had discussions around exempting residents from having to pay this when they book accommodations. And we will continue to discuss that. It's not going to make it in the package this year, although we are looking at the TAT-enabling language for some repairs there. So, it could come in as an amendment, but I did want to share that that is being considered. And fully appreciate Ms. Donoho's comments about our need to further use this process to crack down on some of the illegal ongoings with regard to transient accommodations that are continuing to happen on our island. And we'll work with Planning Department and Finance Department to address that. But anyway, I don't want to take any more time on this unless there are further questions. Thanks, Chair, I yield. CHR. DAVID: Thank you, Ms. Kimball. Mr. Richards, go ahead. MR. RICHARDS: Yeah, I need to weigh in on this as I was the first critic of it coming forward. However, the vast majority of the TAT is going to be paid out of District 9 and, to a certain degree, District 8. So Holeka and I are sharing this. The industry that will be paying most of this is supportive of this if we use the funding appropriately. And because of that, I have changed my opinion of this and will be supporting this going forward. Now, I was one who tried to introduce the amendments, and for the reasons that Judge Strance has articulated, I get it and it makes sense to me. And so, using the Big Island legislative process, a pinky promise with Finance, we're going to get details worked out so that we respect what the accommodation industry is asking, and we go forward. I think there's a definite way forward with this. So, I will be supporting this because the industry is supporting this. I completely agree with getting the staffing in place so we can better administer, but also investigate and make sure everybody's paying their fair share. Thank you, Chair, I yield. CHR. DAVID: Thank you, Mr. Richards. Ms. Lee Loy, go ahead. MS. LEE LOY: Yes, thank you. And thank you, Deanna, for all of the conversation at our last meeting. But I really want to renew my interest and pledge that I would be advancing a resolution kind of outlining some of the wish lists that we've heard here on the dais and how to guide that money, specifically Page 31 Hawaii County Council-28 December 8,2021 addressing Ms. Donoho's issue about ensuring that we are collecting from everybody. She made it clear. Everyone in the hotel industry, they're easy. Right? They're already self- reporting. It's the ones who are under the radar who are doing some of this and collecting a lot of money. And I just want to ensure that we are being fair because the ones who are being honest about it, will pay. And it's the ones who's sliding underneath the radar that's just making it very unfair and just making the cost higher and higher for everybody else. So, thank you again, Ms. Kimball, for advancing this. But, Deanna, thank you again for allowing us that opportunity, maybe not making amendments to it but ensuring that we'll be able to advance some kind of wish list through a different form of legislation. Chair, I yield. CHR. DAVID: Thank you, Ms. Lee Loy. Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Okay. I said it about four or five times; I'm going to say it one more time. I don't think the intention of this tax ever was maybe not the CTAT (County Transient Accommodations Tax) because it's new, but the Transient Accommodations Tax should not be borne by residents of Hawaii County or any other county for that matter. We already pay our taxes. We already pay for the infrastructure. And we are not tourists. It's pretty simple for me. I have approached the State. I have approached our different counties as well, and I am putting it out to each one of them to take a good look at that and discuss it and see what can be done. For the most part, everyone seems to agree but it just comes down to the wording in the State bill. So, it's going to fall back to the State I think to recognize the—if this is to offset the impacts of tourism, then make it strictly for tourists and not for residents. And I do appreciate Corporation Counsel. Thank you for going back and forth with me, helping me understand what we can and cannot do. I won't even say we agree to disagree; I just appreciate the conversation and I'm still learning. So mahalo, Ms. Strance, and thank you, Deanna, for working through with us as well. But yeah, I needed to say that. Thank you, Chair. I appreciate it. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Ms. Kimball, go ahead. MS. KIMBALL: Thank you, Chair, and I just wanted to do a quick follow-up to Council Member Richards' comment. And I just wanted to call everyone's attention back to the bill that we supported as part of the HSAC package that comes out of City and County of Honolulu, which puts forward the request to amend the State HRS (Hawai`i Revised Statutes) to "revenues received from a transient accommodation tax pursuant to this section shall be used to address pressures of the visitor industry on the demand for County services, including Page 32 Hawaii County Council-28 December 8,2021 police and fire protection, parks and recreation facilities, emergency services, water systems, road transportation systems, and sewer systems and other infrastructure,providing that impacted county services and facilities may be further defined by ordinance." So just in response, there is language being proposed by the counties, one that designates those specific services but then also enables us to, by ordinance, further define how those will be used, which was the problem with the proposed amendments before. So that is part of that package. Thanks, Chair, I yield. CHR. DAVID: Thanks, Ms. Kimball. Mr. Richards. MR. RICHARDS: Thank you, Chair, and I appreciate that, Ms. Kimball. We're all headed in the same direction. I'm very confident because I have someone in Deanna who has honor and integrity, and we're going to get this done. So, I yield. CHR. DAVID: Thank you, Mr. Richards. Anyone else? Seeing none, all right, thank you so much, Ms. Kimball, for working through this. This is second reading and I thank you folks for your hard work on this one. All those in favor of approving Bill 81, Draft 2, please say "aye." Vote on Bill 81: The motion to pass Bill 81, Draft 2, on second and final Draft 2 reading was carried by the following voice vote: (Adopted) Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. MS. KIMBALL: Chair, if I may? CHR. DAVID: Sure. MS. KIMBALL: Motion to suspend our rules and remove the five-day hold on this. I know Deanna and her team want to get started, particularly mailing out information. Page 33 Hawaii County Council-28 December 8,2021 Vote on Motion Ms. Kimball moved to suspend Council Rule 15 to waive to Suspend the 5-day hold for reconsideration of Bill 81, Draft 2. Council Rules: Seconded by Mr. Richards and carried by the following (Approved) voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Thank you very much. And we can just go back to the top of the agenda. Resolution 264. Return to Order The Chair directed the Council to return to the order of business. of Business: Res. 264-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KEAUKAHA SCHOOL FOUNDATION FOR KEAUKAHA ELEMENTARY SCHOOL'S PRESCHOOL ACTIVITIES IN THE 2021-2022 SCHOOL YEAR Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 499 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 264-21. Seconded by Mr. Inaba. CHR. DAVID: Go ahead, Ms. Lee Loy. MS. LEE LOY: I just ask for my colleagues' support. It's for the tittles. I yield. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of approving Resolution 264-21, please say "aye." Page 34 Hawaii County Council-28 December 8,2021 Vote on Res. 264-21: The motion to adopt Res. 264-21 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Res. 265-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII ENVIRONMENTAL RESTORATION FOR EXPENSES RELATED TO THE CONSERVATION AND PRESERVATION OF KEAU'OHANA STATE FOREST RESERVE Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 500 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 265-21. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I supported this particular organization last year with a small grant give, and was able to connect with their executive director very recently to get an update on all of their work to restore the forest, which also includes climate mitigation strategies, and was just really impressed with what they were doing just as volunteers. And a lot of the work that they're doing is out-of-pocket and not being reimbursed. And so this kind of gives them a bit of money to be able to do some good work and engage necessary partners and access tools in community to just continue to further their work. So, really excited to be able to bless them with these contingency funds. Thank you, Chair. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, all those in favor of approving Resolution 265-21,please say "aye." Page 35 Hawaii County Council-28 December 8,2021 Vote on Res. 265-21: The motion to adopt Res. 265-21 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Inaba and Kaneali`i-Kleinfelder—2. Excused: None. Res. 266-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE LIONS CLUB OF KONA COMMUNITY FOUNDATION INC. FOR EXPENSES RELATING TO ITS MAINTENANCE PROJECT AT THE HAROLD H. HIGASHIHARA PARK Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 501 Intr. by: Ms. David Motion to Approve: Ms. Lee Loy moved to adopt Res. 266-21. Seconded by Ms. Kimball. CHR. DAVID: If it's okay, I'm just going to ask for your support. This is one of the highly used parks in Keauhou Mauka, and it just serves the entire west side community. So, I appreciate your support. All those in favor of approving Resolution 266-21, please say "aye." Vote on Res. 266-21: The motion to adopt Res. 266-21 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Inaba and Kaneali`i-Kleinfelder—2. Excused: None. Page 36 Hawaii County Council-28 December 8,2021 Res. 267-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE LIONS CLUB OF KONA COMMUNITY FOUNDATION INC. FOR EXPENSES RELATING TO ITS MAINTENANCE PROJECT AT THE HAROLD H. HIGASHIHARA PARK Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 502 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 267-21. Seconded by Mr. Richards. CHR. DAVID: Go ahead, Ms. Villegas. MS. VILLEGAS: I just echo the same sentiments of Chair David. This park is a pillar, quite literally, many wooden pillars. And it was built through the collaborative efforts of the County Parks and Rec. and the community. There was recently a really successful community workday, and we're meeting with the original builder of the park and assessing what else needs to be done to bring it back up to its original splendor. So I just look forward to everybody's support on this as we contribute the very necessary resources. CHR. DAVID: Thank you, Ms. Villegas. Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: I just had a question. Is this the one right outside of Kona, going towards Keauhou, Captain Cook? MS. VILLEGAS: Yes. MR. KANEALI`I-KLEINFELDER: On the right side. CHR. DAVID: It's right before Teshima's Restaurant. MR. KANEALI`I-KLEINFELDER: I love those parks. I just want to say that. I absolutely love those parks. I grew up with that kind of park. But nowadays, it's all plastic. It's not as enjoyable. But you don't get splinters. When you said "splendor," I thought you said "splinter" for a second. MS. VILLEGAS: Splendor. MR. KANEALI`I-KLEINFELDER: But I really like the park. So thank you for doing this and keeping those kind of old school kind of vintage parks going. I love them. Thank you. Page 37 Hawaii County Council-28 December 8,2021 CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Mr. Richards, go ahead. MR. RICHARDS: Thanks, Chair. Chair, when you mentioned that this takes care of West Hawaii, it also takes care of North Hawaii. My twins love that park. And I was down there probably a couple of months ago now,playing in the park—me too—and I'm so pleased that you guys are getting funding. And actually I was talking with one of the P&R(Parks and Recreation) maintenance guys, he said that was the biggest problem that we needed more money for maintenance and repair. So, excellent. Fully support it. And on behalf of my twins, thank you. CHR. DAVID: All right. Thank you for that, Mr. Richards. MR. RICHARDS: I yield. CHR. DAVID: Ms. Villegas, go ahead. MS. VILLEGAS: Yeah,just a quick follow-up. A huge mahalo to Maurice Messina and his Deputy Director and all the Parks and Rec. maintenance crew. And now we are actually exploring potential corporate sponsorship from that park from the Outrigger. So there is potential for further funding to expand on the projects there. So, really exciting stuff. CHR. DAVID: Thank you for that. Anyone else? Seeing none, all those in favor of approving Resolution 267-21, please say "aye." Vote on Res. 267-21: The motion to adopt Res. 267-21 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David–9. Noes: None. Absent: None. Excused: None. Page 38 Hawaii County Council-28 December 8,2021 Res. 268-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE ISLAND OF HAWAII YMCA FOR ITS FAMILY VISITATION CENTER Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 516 Intr. by: Ms. Kimball Motion to Approve: Ms. Kimball moved to adopt Res. 268-21. Seconded by Ms. Kierkiewicz. CHR. DAVID: Go ahead, Ms. Kimball. MS. KIMBALL: Thank you. I know we're all familiar with YMCA and the great work that they do, and of course, this ties into the presentation we had this morning about prevention and breaking that cycle of family violence. I'm very happy to follow along that theme and that message today and support their program. CHR. DAVID: Thank you. Mr. Richards, go ahead. MR. RICHARDS: Thank you, Ms. Kimball. This was one of those that I think we all have our programs that we follow, watch, and have a concern. And this is a great one. It was not underfunded, it was not funded for a bunch of years, and the guys kept doing it anyway because it's the only way they could safely transfer kids between parents. And so, this is always something I'm very pleased when I see funding coming through because I try to support them every year. So, thank you very much for doing that. I know it is well-received and well-needed. I yield. CHR. DAVID: Thank you, Mr. Richards. Ms. Lee Loy, go ahead. MS. LEE LOY: Yeah, and I, too, want to thank Ms. Kimball. They come before us for a nonprofit grant-in-aid, and why they didn't come this last year I'm not sure. But they rely heavily on a State VAWA (Violence Against Women Act) grant, and a lot of those grants just weren't available either. So, I do appreciate you helping them bridge the gap, and we'll see what the State has next year for them. Thank you, I yield. CHR. DAVID: Thank you, Ms. Lee Loy. Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you, Chair. I'll be supporting this and I'll also be putting forward a resolution for a similar amount to support the Y (YMCA). I Page 39 Hawaii County Council-28 December 8,2021 know that they were not successful in securing a national grant from the Department of Justice as they usually do every year. So just kind of keep that in mind for folks, if you have additional funding, to please k6kua them because they do provide a critical service that's been especially necessary, given all the stresses many `ohana have faced during the pandemic. So, thank you for doing this and happy to support it as well. I yield. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, all those in favor of approving Resolution 268-21,please say "aye." Vote on Res. 268-21: The motion to adopt Res. 268-21 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 269-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO VIBRANT HAWAII TO SUPPORT HA`AHEO ELEMENTARY SCHOOL PARENT TEACHER ORGANIZATION'S TENT PROGRAM Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 517 Intr. by: Ms. Kimball Motion to Approve: Ms. Kimball moved to adopt Res. 269-21. Seconded by Ms. Villegas. CHR. DAVID: Go ahead, Ms. Kimball. MS. KIMBALL: Thank you. Unfortunately, that testimony that was all garbled and we only heard bits and pieces of, that was the testimony justifying the support of this particular program. If you're not familiar, Ha`aheo is this teeny little elementary school right over here in Wainaku, and it is one classroom per grade. Teeny, tiny school. They need a little bit more space to operate and happy to support their parent organization with just the little bit extra they need to get some tent coverage so they can hold some classes outside. Page 40 Hawaii County Council-28 December 8,2021 CHR. DAVID: Thank you. Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you, Chair. While I really appreciate Council Member Kimball's support for this work, I'm going to be recusing myself from the vote. The receiving entity is Vibrant Hawaii. I'm a volunteer board member. We did see this as part of our budget, and I'm happy that we are being able to support you and the community in this way. But just so that we're being transparent about process, I will be recusing myself from this vote. Thank you. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, all those in favor of approving Resolution 269-21,please say "aye." Vote on Res. 269-21: The motion to adopt Res. 269-21 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: None. Excused: Council Member Kierkiewicz— 1. Res. 270-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO EAST HAWAII CULTURAL CENTER TO SUPPORT ITS OUT-OF-DOORS PROGRAM Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 518 Intr. by: Ms. Kimball Motion to Approve: Ms. Kimball moved to adopt Res. 270-21. Seconded by Ms. Villegas. CHR. DAVID: Go ahead, Ms. Kimball. MS. KIMBALL: Yes, Chair. I'm throwing money all over the place here. It must be the holidays. No,just happy to support another program that I think is doing really great work. This Out-of-Doors program is a mobile dramatic production. So, coming to a site near you. It's going to be island-wide. So, happy to support sharing out of arts among the community at large. CHR. DAVID: Thank you. All right, anyone else? Seeing none, all those in favor of approving Resolution 270-21, please say "aye." Page 41 Hawaii County Council-28 December 8,2021 Vote on Res. 270-21: The motion to adopt Res. 270-21 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 271-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII ISLAND LGBTQ PRIDE TO SUPPORT ITS 10TH ANNUAL PRIDE PARADE AND FESTIVAL Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Other Current Expenses account. Reference: Comm. 519 Intr. by: Ms. Kimball Motion to Approve: Ms. Kimball moved to adopt Res. 271-21. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Ms. Kimball. MS. KIMBALL: Thank you. I just want to join Council Member Kierkiewicz in supporting the pride organization for their tenth annual parade. Again, another organization doing fantastic work in the community. I would be remiss in not acknowledging the work of my staff, Legislative Assistant Ms. Jennifer Kagiwada, who obviously was working hard putting the CRF (Contingency Relief Fund) resolutions together. So, looking for further support. Thank you. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of approving Resolution 271-21, please say "aye." Page 42 Hawaii County Council-28 December 8,2021 Vote on Res. 271-21: The motion to adopt Res. 271-21 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 272-21: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAIIAN PARADISE PARK NEIGHBORHOOD WATCH FOR ITS MONTHLY COMMUNITY ENGAGEMENT EVENTS Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 520 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 272-21. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I just want to take a moment to mahalo and recognize Judy Houle. She is the Puna Neighborhood Watch Coordinator and also the president of the HPP (Hawaiian Paradise Park) Neighborhood Watch, member of our CERT (Community Emergency Response Team) team, runs the food pantry and various community events in Hawaiian Paradise Park. And she really just goes above and beyond to serve community and really make things really special during the holidays. And so,provided them a grant last year, which was really helpful during COVID. And there's just been more people moving to the park and the need for more events and resources. So, happy to kokua this and just really appreciate all of the efforts of our community partners to fill in the gaps where the County cannot. Mahalo, Chair. CHR. DAVID: Mahalo, Ms. Kierkiewicz. Anyone else? Seeing none, all those in favor of approving Resolution 272-21,please say "aye." Page 43 Hawaii County Council-28 December 8,2021 Vote on Res. 272-21: The motion to adopt Res. 272-21 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 276-21: CREATES ONE NEW ACCOUNTANT I AND TWO NEW SENIOR ACCOUNT CLERK POSITIONS FOR THE DEPARTMENT OF FINANCE These positions would implement a transient accommodations tax collection, reconciliation, and enforcement program for Hawaii County. Reference: Comm. 526 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 276-21. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: A fairly self-explanatory resolution but Director Sako is here. Can you please come up and kind of lay this out for us? This is basically the staffing needed to handle the bill that we just passed for the County Transient Accommodations Tax. Give us an idea of what kind of cost we're looking at. This is more personnel and this is for the long-term for as long as we can collect this tax. So, if you could. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: So, yes. So, one Accountant I, two Senior Account Clerk positions. As we discussed throughout the Bill 81 process, we are going to be needing staff. We weren't sure exactly how many. The bids did come back for the software, and some of the vendors did bid on the comprehensive program of having them doing the collections and everything, that was totally out of anyone's price range. So it is cheaper to go with the staff and have them provide that service. MR. KANEALI`I-KLEINFELDER: Thank you. What kind of a cost if you don't mind? Can you share that information, or can you not share that information? Page 44 Hawaii County Council-28 December 8,2021 MS. SAKO: Accountant I's areI'm guessing, I don't have it in front of me are probably about$50,000 a year, and a Senior Account Clerks are more in the $30,000 range. MR. KANEALI`I-KLEINFELDER: Okay, so a total, a little bit more than $100,000 per year. MS. SAKO: Plus fringe benefits, yeah. MR. KANEALI`I-KLEINFELDER: Plus. Plus,plus, okay. So and then we're taking in $13 million in our first year. That's our estimate. A little bit more as we go on and on and on maybe. MS. SAKO: Yes. MR. KANEALI`I-KLEINFELDER: Okay. Are there any other costs that we're going to be looking at on your end? I know this is a resolution and we discuss around the resolution, but anything else that we should kind of know on Finance's end as you've worked through the MS. SAKO: So definitely there's going to be a cost to collect. You know, that system that we're putting in place. In addition, you know, we're trying to get the mailing out, which is part of why we asked to waive the five-day hold on Bill 81, on both electronic and on paper mail, so that people do know about this new tax. We're trying to follow the other counties that have already implemented, and they did have—not everyone was well informed, and they did have several people who didn't pay the county portion. So they reconciled with the State and had several hundred taxpayers they had to reinform. So you know, we're trying to stay on top of that and ahead of it. So having these staff in place will help us so that we can collect all the $13 million and hopefully more. MR. KANEALI`I-KLEINFELDER: Okay. Well that's kind of what we expected. Thank you for getting it done so quickly. Thanks for being here today. I yield, Chair. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Ms. Kimball, go ahead. MS. KIMBALL: Thank you, Chair. I just wanted to again refer back to the HSAC package and the TAT bill proposed by City and County of Honolulu. There was language in there to help correct some of the deficiencies in the original legislation, in part to actually allow the State to collect this TAT for us. However, since all of the counties have figured out how to do that on their own and are a little reluctant to actually let the State collect it for us, because you know they just might keep it, that language that actually is in the package will Page 45 Hawaii County Council-28 December 8,2021 most likely be amended to keep this collection and process in the County. So fully supporting bringing these staff onboard. There is a lot of new stuff that has to be done to make this happen. But overall, it's going to be more cost effective than putting it to a third party. Or if the State were to collect it for us, they'd probably charge us as well. So this is probably our best path forward and thank you for working with me to get this new thing. MS. SAKO: Yes, thank you. MS. KIMBALL: I yield, Chair. CHR. DAVID: Thank you, Ms. Kimball. Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: If you can, I meant to ask what was the cost that came back from the third-party vendors? MS. SAKO: I don't believe that's public information yet. But it was a very wide range, up into multiple millions of dollars. And we did go out as a state team, all four counties coordinated on the RFP (Request for Proposals). MR. KANEALI`I-KLEINFELDER: Okay, thank you. I yield, Chair. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing none, all those in favor of approving Resolution 276-21, please say "aye." Vote on Res. 276-21: The motion to adopt Res. 276-21 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. MR. KANEALI`I-KLEINFELDER: Chair? CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. Page 46 Hawaii County Council-28 December 8,2021 Vote on Motion Mr. Kaneali`i-Kleinfelder moved to suspend Council to Suspend Rule 15 to waive the 5-day hold for reconsideration of Res. Council Rules: 276-21. Seconded by Ms. Kimball and carried by the (Approved) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 277-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION Allows for the receipt of$500,000, to be used towards economic recovery efforts related to the COVID-19 pandemic. Reference: Comm. 528 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 277-21. Seconded by Mr. Richards. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: There's actually a request by the department to postpone Resolution 277-21 to the 12/22 Council meeting. So I'm going to go ahead and make that motion. Vote on Motion Mr. Kaneali`i-Kleinfelder moved to postpone Res. 277-21 to Postpone: to December 22, 2021. Seconded by Mr. Richards and (Approved) carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 47 Hawaii County Council-28 December 8,2021 Res. 278-21: AUTHORIZES THE ACCEPTANCE OF A DONATION OF ONE SAND FILTER TO THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT The donation from Hawaii Water Service, valued at approximately $200,000, would be installed at the Kealakehe Wastewater Treatment Plant. Reference: Comm. 529 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 278-21. Seconded by Ms. Villegas. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: We have director Mansour online, or he was. (Note: At this time, Environmental Management Director Ramzi Mansour came forward to address the members of the Council.) MR. MANSOUR: I'm still here. MR. KANEALI`I-KLEINFELDER: You're still with us. Thank you for bearing with us and for being so patient, Director. If you could, it's a donation of one sand filter to DEM (Department of Environmental Management), from Hawaii Water Service. Is there anything we need to know, or do you want to give us some details? I mean, I'm very appreciative of this donation, but anything you want to share? MR. MANSOUR: Sure, definitely. Thank you, Madam Chair. Council Members, I also have online Erik Takamura who's my Deputy Chief, to chime in if I forget anything. I know it's late in the day. The sand filter that Waikoloa Resort had, they used to have a lagoon system back in the old days. Now they've converted to MBR (Membrane Bioreactors). So definitely that sand filter was doing the treatment for the resort. As I was touring the facility, we have noticed these stainless-steel filters stand by, and we had discussion with them and definitely they wanted to donate these five stainless steel sand filters to the County. Since we do have lagoons at Kealakehe and we figured we could utilize that to at least give us an advantage of a better effluent treatment, because currently we're not going through any filtration. Definitely keep in mind this sand filter is only one MGD (Million Gallons per Day), our current flow is about 1.8 MGD. So this will allow us at least to do some operational modifications, be able to install the sand filter, enhance the quality of the effluent prior to discharge for potential use of that water as we move forward with the installation. I hope we can market it Page 48 Hawaii County Council-28 December 8,2021 and be able to target users that are willing to team up with us and start taking that effluent for better use. And if that sand filter definitely, about one million gallon it works, we potentially may come back and purchase an additional sand filter just to get us to the R-I requirements. But definitely we are excited to take that donation and to start planning how we're going to move forward and provide a better treatment for that wastewater facility. So I'm here and Eric will standby if you have any other questions. So we'll be more than happy to address them. MR. KANEALI`I-KLEINFELDER: Thank you. Then how did the donation come about? MR. MANSOUR: Being on the solid waste aspect of things about reduce, reuse, recycle, as I was touring the facility, it got my attention, you know, these beautiful stainless-steel tanks standing there. So I asked the question, "Do you guys have a use for them," and they said, "Definitely we don't. If you want them,just take them out of here." So you know, with the solid waste background of you see something like that, you know you can put to use, and I know the Kealakehe Treatment Plant is a challenging plan with the early-year project in the department $62 million to convert to R-1. We're trying to be creative and use what we can within our means and resources to at least deliver the same objective. MR. KANEALI`I-KLEINFELDER: Thank you. And I see that it looks like for the movement of the filter there's a cost of$300,000, is that correct? MR. MANSOUR: That's the movement and installation and the design. So we anticipate to dismantle and remove it to our facility and design the system to fit within our existing lagoon system. We're looking at about$300,000 total cost. MR. KANEALI`I-KLEINFELDER: Okay, well wonderful job not being afraid to ask. I learned that from a friend a long time ago, never be afraid to ask. So thank you for asking the question of those folks and for getting us this equipment. There may be a cost to us, but I think ultimately, it's in our favor. So thank you. Thank you for being here, Director, I appreciate your conversation. I yield, Chair. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Ms. Villegas. MS. VILLEGAS: Yes, I just want to like squeal or yell and say, "Hooray." Congratulations, Ramzi. That is such a testament to your ingenuity and perceptivity and ability to recognize a resource that's not being utilized, and to put it to good use for public benefit. It's also a real testament to the creativity you have been utilizing and the relationships you're building with organizations like Hawaii Water who managed their waste systems more progressively and recognized the value in the water resource. Even if the kukai has to be taken out, it's still a resource. Page 49 Hawaii County Council-28 December 8,2021 I just, I'm so elated that—you know, when we were touring the system at Kealakehe and you were pointing out the difference between R-2 and R-1 and really that sand filtration system being that pivotal context, I'm still baffled and astounded that at any point we were provided with estimates of$162 million to transition that wastewater treatment facility. MR. MANSOUR: That's right. MS. VILLEGAS: And here we are potentially solving that issue by utilizing a resource already on island. I think this is an excellent example of circular economy and increasing the value of that water. I would love to do some more brainstorming with you on this. We've had many conversations over the last year about these opportunities. I think that the Environmental Commission's going to be really excited to hear about this too. And after touring the facility for greenwaste and how here in Hilo they are able to transition it to a higher value because they have water, maybe we could get some of that water just across the highway to the facilities in Kona at the Kealakehe Solid Waste Facility and then be able to make some of that really high quality greenwaste on that too. I just think that the options are—it's going to be really exciting as we move forward, and I'm really looking forward to all the progress that Council Woman Kimball is making also with legislation and how we create these public-private partnerships. But just congratulations and thank you so much. This is really exciting for there to be forward momentum and positive outcome with reusing something already here on island. So thank you for that. I yield. MR. MANSOUR: Thank you. CHR. DAVID: Thank you, Ms. Villegas. Anyone else. Seeing none, thank you, Director, for being here and your patience all day. MR. MANSOUR: Thank you so much. CHR. DAVID: All right. All those in favor of approving Resolution 278-21, please say "aye. Page 50 Hawaii County Council-28 December 8,2021 Vote on Res. 278-21: The motion to adopt Res. 278-21 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 279-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI-FUNCTION COPY MACHINE FOR THE DEPARTMENT OF PUBLIC WORKS Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$216, to be used by the department's Traffic Division. Reference: Comm. 530 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 279-21. Seconded by Ms. Villegas. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. This is yet another lease agreement for a multi-function copy machine. I look forward to everyone's support. Thank you. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of approving Resolution 279-21, please say "aye." Vote on Res. 279-21: The motion to adopt Res. 279-21 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. Page 51 Hawaii County Council-28 December 8,2021 Res. 280-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI-FUNCTION COPY MACHINE FOR THE DEPARTMENT OF PUBLIC WORKS Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$176, to be used by the department's Engineering Division's Hilo office. Reference: Comm. 531 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Vote on Res. 280-21: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 280-21. (Adopted) Seconded by Ms. Lee Loy. The motion to adopt Res. 280-21 was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order.) Page 52 Hawaii County Council-28 December 8,2021 Bill 89: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO INDUSTRIAL COMMERCIAL MIXED — 20,000 SQUARE FEET (MCX-20) AT WAIAKEA HOUSELOTS, WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEYS: 2-2-035:049 AND 096 (Applicant: Leila Shimizu) (Area: 22,300 Square Feet) The Windward Planning Commission forwards its favorable recommendation for this amendment, which would allow the applicant to convert an existing single- family dwelling into an office building to rent for private use and to develop a parking lot and related improvements. The properties are located at the northeast corner of the Kekuana6`a Street- Kalanikoa Street intersection. Reference: Comm. 473 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-34 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 89 on first reading and adopt Planning Committee Report No. 34. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. We had a comprehensive discussion in Committee. There are favorable recommendations from the Director as well as the Commission. And this request is very much in line with the characteristics of the area. So I'm supportive of this request. Thank you, Chair. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, all those in favor of approving Bill 89 at first reading,please say "aye." Vote on Bill 89: The motion to pass Bill 89 on first reading and adopt (Approved) Planning Committee Report No. 34 was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Chair David—7. Noes: None. Absent: Council Member Kimball and Villegas - 2. Excused: None. Page 53 Hawaii County Council-28 December 8,2021 Bill 90: AMENDS ORDINANCE NO. 12-33 WHICH RECLASSIFIED LANDS FROM SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO RESIDENTIAL-COMMERCIAL MIXED —20,000 SQUARE FEET (RCX-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-038:028 (Applicant: Takata Dental Health Center, Inc.) (Area: One Acre) The Windward Planning Commission forwards its favorable recommendation for this amendment, which would allow the applicant a five-year time extension to comply with Condition B (Time to Complete Construction) and a 180-day extension to comply with Condition C (Water Commitment). The applicant wishes to relocate its existing dental practice to the subject property, which is located at 1732 Kilauea Avenue. Reference: Comm. 474 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-35 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 90 on first reading and adopt Planning Committee Report No. 35. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Again we had a robust discussion about this particular request in Committee. Both favorable recommendations from the Director and the Commission. Do support the sentiment that this request for the rezone is very appropriate. The zoning really does match the area and the request, so I'm going to be supporting this. Thank you, Chair. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? MR. KANEALII-KLEINFELDER: Chair? CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: I don't have any questions about the bill, but I actually get my teeth done at Takata Dental and so do my children. Probably a lot of people do, but I don't know if that says that I shouldn't vote on the matter. Does it matter? Okay, Corporation Counsel is shaking their head "no." Thank you. I just wanted to make sure. Thank you. CHR. DAVID: Thanks for asking. MR. KANEALII-KLEINFELDER: Yep. And I do appreciate them. They're wonderful people, they do wonderful work. Page 54 Hawaii County Council-28 December 8,2021 CHR. DAVID: Okay. Thanks for that. Anyone else? Seeing none, all those in favor of approving Bill 90 at first reading, please say "aye." Vote on Bill 90: The motion to pass Bill 90 on first reading and adopt (Approved) Planning Committee Report No. 35 was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, and Chair David—7. Noes: None. Absent: Council Member Richards and Villegas —2. Excused: None. Bill 92: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Increases revenues in the Federal Grants —Mainstream Voucher Program account ($600,000) and the Federal Grants —Mainstream Voucher Administration account ($75,000); and appropriates the same to the Office of Housing's Mainstream Voucher Program account($600,000) and Other Current Expenses accounts ($75,000). Funds would be used for payment of rental assistance for eligible participants, and administrative fees. Reference: Comm. 495 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-90 Withdrawal of Bill 92: At the request of the Finance Director, Mr. Kaneali`i-Kleinfelder announced the withdrawal of Bill 92. Bill 95: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Increases revenues in the following State Grants accounts: Periodic Motor Vehicle Inspection Program Income ($868) and Commercial Driver's License Program Income ($868), and appropriates same to the following accounts: Periodic Motor Vehicle Inspection Program Equipment($868) and Commercial Driver's License Program Equipment($868), bringing the total of both appropriations to $2,002 and $1,268, respectively. Funds would be used by Vehicle Registration and Licensing Division to purchase computers. Reference: Comm. 527 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Page 55 Hawaii County Council-28 December 8,2021 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 95 on first reading. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: This bill was waived to Council. It's pretty straight forward. It's not a big grant so I appreciateactually, all I really wanted to say was Ms. Naomi O'Dell, I really appreciate what you've done to the department, especially through COVID. So continue the good work, and I have no further questions. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor approving Bill 95 at first reading, please say "aye." Vote on Bill 95: The motion to pass Bill 95 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 96: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Appropriates revenues in the Federal —Fiscal Year 2021 Economic Development Administration American Rescue Plan Act account($500,000), and appropriates same to the Fiscal Year 2021 Economic Development Administration American Rescue Plan Act account. Funds would be used towards economic recovery efforts related to the COVID-19 pandemic. Reference: Comm. 528 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 96 on first reading. Seconded by Mr. Richards. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: There was a request by the department to postpone Bill 96 to, I believe, the 12/22 meeting? Page 56 Hawaii County Council-28 December 8,2021 CHR. DAVID: December 22 meeting. MR. KANEALII-KLEINFELDER: Yes, to the December 22 Council Meeting. Vote on Motion Mr. Kaneali`i-Kleinfelder moved to postpone Bill 96 to to Postpone: December 22, 2021. Seconded by Ms. Lee Loy and carried (Approved) by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. 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: Bill 81, Draft 2, was taken up previously, out of order.) Bill 82: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Increases revenues in the State Grants —West Hawaii Ocean Safety account ($27,399), and appropriates same to the West Hawaii Ocean Safety Salary and Wages account, bringing the total appropriation to $1,252,785. Funds would be used to fund operations at Hapuna Beach Park. Reference: Comm. 464 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: November 18, 2021 Vote on Bill 82: Mr. Kaneali`i-Kleinfelder moved to pass Bill 82 on second (Adopted) and final reading. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba- 1. Excused: None. Page 57 Hawaii County Council-28 December 8,2021 Bill 83: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Appropriates revenues in the Federal—Hawaii Island Landlord/Tenant Mediation Grant- American Rescue Plan Act account($69,000), and appropriates same to the Hawaii Island Landlord/Tenant Mediation Grant- American Rescue Plan Act account. Funds would be used to implement a landlord-tenant mediation program for those impacted by the expiration of the moratorium on evictions. Reference: Comm. 465 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: November 18, 2021 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 83 on second and final reading. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: I just wanted to thank Ms. Hirota for continually pushing to get more money out for landlord/tenant mediation for rent and mortgage assistance and everything that she's doing in conjunction with all of the other County offices. So quick mahalo to her, and besides that, I have no further discussion. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of approving Bill 83 at second and final reading, please say "aye." Vote on Bill 83: The motion to pass Bill 83 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba- 1. Excused: None. Page 58 Hawaii County Council-28 December 8,2021 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) First Reading: November 18, 2021 Vote on Bill 84: Mr. Kaneali`i-Kleinfelder moved to pass Bill 84 on (Adopted) second and final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 93: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Increases revenues in the Federal Grants —Rural Transit Assistance Program account($60,000), and appropriates same to the Mass Transit Agency's Rural Transit Assistance Program account, bringing the total appropriation to $90,000. Funds would be used for costs of trainings and travel to conferences related to rural transit operations, planning, and maintenance. Reference: Comm. 496 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: November 18, 2021 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 93 on second and final reading. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Mr. Andoh was in yesterday and he gave us a pretty amazing breakdown, I think. And everyone agrees that he did an amazing job and is doing an amazing job. And he also discussed this particular item and Page 59 Hawaii County Council-28 December 8,2021 what it's for. So with that, I have no further discussion. Thank you. But with that said, they did ask to postpone. Vote on Motion Mr. Kaneali`i-Kleinfelder moved to postpone Bill 93 to to Postpone: December 22, 2021. Seconded by Ms. Lee Loy and (Approved) carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. FC-89 NOMINATION OF JODIE ROSAM TO THE PUBLIC ACCESS, OPEN (Comm. 488): SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION Requires Council Confirmation by: December 10, 2021 (Section 2-215(k), Hawaii County Code) Vote on FC-89: Ms. Lee Loy moved to adopt Finance Committee Report (Adopted) No. 89. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. PWMTC-12 NOMINATION OF NEVA SUPE-ROQUE TO THE TRANSPORTATION (Comm. 455): COMMISSION Page 60 Hawaii County Council-28 December 8,2021 Vote on PWMTC-12: Ms. Lee Loy moved to adopt Public Works and Mass (Adopted) Transit Committee Report No. 12. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. PRPSC-21 NOMINATION OF BRIAN HARRINGTON TO THE VETERANS ADVISORY (Comm. 489): COMMITTEE Vote on PRPSC-21: Ms. Lee Loy moved to adopt Parks and Recreation and (Adopted) Public Safety Committee Report No. 21. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. PRPSC-22 NOMINATION OF LAURIE SOARES TO THE VETERANS ADVISORY (Comm. 490): COMMITTEE Vote on PRPSC-22: Ms. Lee Loy moved to adopt Parks and Recreation and (Adopted) Public Safety Committee Report No. 22. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 61 Hawaii County Council-28 December 8,2021 REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: Change Order At the request of the Chair and with no objections from Council Members, of Business: the following item was taken out of order: Comm. 478: CHODA, LANCE S. VS. COUNTY OF HAWAII; CIVIL ACTION NO. 1:21-CV-384 From Deputy Corporation Counsel Steven K. Idemoto, dated October 22, 2021, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including settlement discussion. Motion to Close File: Ms. Lee Loy moved to close file on Comm. 478. Seconded by Mr. Richards. CHR. DAVID: Okay, discussion? MS. LEE LOY: Chair? CHR. DAVID: Go ahead, Ms. Lee Loy. MS. LEE LOY: I'm willing to move us into Executive Session, but I've read the report and I'm willing to accept the recommendation of the Corporation Counsel in this matter. We're happy to help you guys get wherever you guys need to go. CHR. DAVID: Okay. That's good. Anyone else? Ms. Kimball. MS. KIMBALL: I hold the same position as Council Member Lee Loy. CHR. DAVID: Okay. Alrighty. Anyone else have anything? MS. VILLEGAS: Ditto. CHR. DAVID: Ditto, okay. It seems like there's a consensus that we just accept the recommendations. Page 62 Hawaii County Council-28 December 8,2021 Vote on Motion Ms. Lee Loy moved to concur with the recommendation of to Concur: Corporation Counsel regarding Comm. 478. Seconded by (Approved) Mr. Richards and carried by the following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Kierkiewicz—2. Excused: None. Vote on Motion The motion to close file on Comm. 478 was carried by the to Close File: following voice vote: Filed Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Kierkiewicz—2. Excused: None. Return to Order The Chair directed the Council to return to the order of business. of Business: Comm. 299.4: NAKAMOTO VS. KAWAUCHI, ET AL.; AYAU VS. KAWAUCHI, ET AL. CONSOLIDATED CIVIL NOS. 12-1-0466, 12-1-0467 From Deputy Corporation Counsel Section Chief Lerisa L. Heroldt, dated November 2, 2021, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including litigation filed by Ted H. S. Hong, Esquire, on behalf of his clients Patricia Nakamoto and Shyla Ayau. Motion to Close File: Mr. Richards moved to close file on Comm. 299.4. Seconded by Mr. Inaba. MS. LEE LOY: Chair? CHR. DAVID: Go ahead, Ms. Lee Loy. MS. LEE LOY: As in time past, this matter, I will be excusing myself from Executive Session. CHR. DAVID: Thank you, Ms. Lee Loy. I as well will be excusing myself or recusing myself from this discussion. Thank you, and so is Corp. Counsel. Thank you. Page 63 Hawaii County Council-28 December 8,2021 MR. HENRICKS: Who shall be assuming the chair for these proceedings? CHR. DAVID: Finance. MR. HENRICKS: If there's no objections, then Mr. Kaneali`i-Kleinfelder will be assuming the Chair for the furtherance of this matter. CHR. DAVID: Thank you. Relinquish Chair: At this time, Chair David relinquished the chair to the Finance Committee Chair, Mr. Kaneali`i-Kleinfelder. ACTING CHR KANEALI`I-KLEINFELDER: Okay. Let the record reflect that I have assumed chair for Chair David. MR. RICHARDS: Chair? I think we are headed for Executive Session. Vote on Motion Mr. Richards moved to enter into Executive Session in to Enter Into order to hold attorney-client privilege discussion regarding Executive Session: Communication 493, as authorized by Section 92-5(a)(4), (Approved) of the Hawaii Revised Statutes. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Inaba, Kimball, Richards, Villegas, and Acting Chair Kaneali`i-Kleinfelder—5. Noes: None. Absent: Council Members Chung and Kierkiewicz—2. Excused: Council Members David and Lee Loy - 2. Recess: At 4:35 p.m., Acting Chair Kaneali`i-Kleinfelder called for a recess. Reconvene: The meeting reconvened at 4:57 p.m. ACTING CHR KANEALI`I-KLEINFELDER: Aloha and welcome back out of recess and out of Executive Session. MR. RICHARDS: Chair? ACTING CHR KANEALI`I-KLEINFELDER: Mr. Richards, thank you. Page 64 Hawaii County Council-28 December 8,2021 Vote on Motion Mr. Richards moved to concur with the recommendation of to Concur: Corporation Counsel regarding Comm. 299.4. Seconded (Approved) by Ms. Kimball and carried by the following voice vote: Ayes: Council Members Inaba, Kimball, Richards, Villegas, and Acting Chair Kaneali`i-Kleinfelder—5. Noes: None. Absent: Council Members Chung, David, Kierkiewicz, and Lee Loy —4. Excused: None. Vote on Motion The motion to close file on Comm. 229.4 was carried by to Close File: the following voice vote: Filed Ayes: Council Members Inaba, Kimball, Richards, Villegas, and Acting Chair Kaneali`i-Kleinfelder—5. Noes: None. Absent: Council Members Chung, David, Kierkiewicz, and Lee Loy —4. Excused: None. OTHER Acting Chair Kaneali`i-Kleinfelder directed the Council to proceed to the next BUSINESS: order of business, Other Business. (There was none.) ANNOUNCE- Acting Chair Kaneali`i-Kleinfelder directed the Council to proceed to the next MENTS: order of business, Announcements. (There were none.) Page 65 Ea\\„i'i CountCouncil-2S December S.2021 ADJOURNMENT: There being no further business, at 5:00 p.m., Ms. Kimball moved to adjourn the meeting. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Inaba, Kimball, Richards, Villegas. and Acting Chair Kaneali`i-Kleinfelder— 5. Noes: None. Absent: Council Members Chung, David, Kierkiewicz, and Lee Loy—4. Excused: None. Approved: JAN 1 9 2022 RK JI-1/dg/ja Pale 66