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HomeMy WebLinkAboutMIN COUNCIL 2022-03-09 2020-2022 Hawaii County Council 341h Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii March 9, 2022 INVOCATION: Pastor Eric Anderson of Church of the Holy Cross 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 (came in later) Mr. Matt Kaneali`i-Kleinfelder, Member (came in later) Ms. Ashley L. Kierkiewicz, Member Ms. Heather L. Kimball, Member (came in later) Ms. Susan L. K. Lee Loy, Member Mr. Herbert M. "Tim" Richards, III, Member Ms. Rebecca Villegas, Member (via videoconference) 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: 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. Lee Loy presented a Certificate of Merit to EXPRESSIONS OF Kehau Amorin of the Hawaii Chapter of Women in Construction.) CONDOLENCE: Recess: At 1:07 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 1:08 p.m. Return to Order The Chair directed the Council to return to the order of business. of Business: PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. Hawaii County Council-34 March 9,2022 (At this time, County Clerk Jon Henricks led the Council in the Pledge of Allegiance.) 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: Les Estrella: Res. 326-22 (Comm. 634); and (representing Going Home Hawaii) Bill 111, Draft 3 (Comm. 589.4), in support. Kristen Alice: Res. 337-22 (Comm. 662); and (representing HOPE Services) Bill 111, Draft 3 (Comm. 589.4), in support. Paul Normann: Res. 337-22 (Comm. 662); and (representing Neighborhood Bill 111, Draft 3 (Comm. 589.4), in support. Place of Puna and Community Alliance Partners) Carolyn Pellet: Bill 111, Draft 3 (Comm. 589.4); Bill 113 (Comm. 596); and Bill 123 (Comm. 631), comment. Shirley David: Res. 337-22 (Comm. 662); and (representing St. Michael's Church) Bill 111, Draft 3 (Comm. 589.4), in support. David Anitok: Res. 329-22 (Comm. 643), in support. (representing Compact of Free Association Communities) Dave Webb: Res. 337-22 (Comm. 662), in opposition. Jim Albertini: Res. 337-22 (Comm. 662), in opposition. Stephen Paulmier: Res. 337-22 (Comm. 662), in opposition. Danny Li: Res. 337-22 (Comm. 662), in opposition. CHR. DAVID: Mr. Clerk, I believe we have one person in our Zoom room, and that is for Communication 616, "Reports," at the end of our agenda. Mr. Lopez, I believe, is online for any questions that we might have. MR. HENRICKS: Would you like to just run through the reports in order so they're clear and complete? Page 2 Hawaii County Council-34 March 9,2022 CHR. DAVID: That's fine. Yes, thank you. 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: PC-46 NOMINATION OF LAUREN BALOG TO THE WINDWARD PLANNING (Comm. 617): COMMISSION Requires Council Confirmation by: March 18, 2022 (Section 13-4(k), Hawaii County Charter) Vote on PC-46: Ms. Lee Loy moved to adopt Planning Committee Report (Adopted) No. 46. Seconded by Mr. Richards and carried by the following roll call 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. PWMTC-16 NOMINATION OF MATTHEW TERLEP TO THE TRANSPORTATION (Comm. 614): COMMISSION Vote on Ms. Lee Loy moved to adopt Public Works and Mass PWMTC-16: Transit Committee Report No. 16. Seconded by (Adopted) Mr. Richards and carried by the following roll call 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. Page 3 Hawaii County Council-34 March 9,2022 PWMTC-17 NOMINATION OF ROSELYN MOLINA TO THE TRANSPORTATION (Comm. 615): COMMISSION Vote on Ms. Lee Loy moved to adopt Public Works and Mass PWMTC-17: Transit Committee Report No. 17. Seconded by (Adopted) Mr. Richards and carried by the following roll call 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. PRPSC-32 NOMINATION OF CARLENE WOLF TO THE FIRE COMMISSION (Comm. 618): Requires Council Confirmation by: March 18, 2022 (Section 13-4(k), Hawaii County Charter) Vote on PRPSC-32: Ms. Lee Loy moved to adopt Parks and Recreation and (Adopted) Public Safety Committee Report No. 32. Seconded by Mr. Richards and carried by the following roll call 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: Motion is approved. PRPSC-33 NOMINATION OF LAURISA NISHIMOTO TO THE LIQUOR COMMISSION (Comm. 619): Requires Council Confirmation by: March 18, 2022 (Section 13-4(k), Hawaii County Charter) Page 4 Hawaii County Council-34 March 9,2022 Vote on PRPSC-33: Ms. Lee Loy moved to adopt Parks and Recreation and (Adopted) Public Safety Committee Report No. 33. Seconded by Mr. Kaneali`i-Kleinfelder and carried by the following roll call vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. RAWEEMC-12 NOMINATION OF STEPHEN LOPEZ TO THE WATER BOARD (Comm. 616): Requires Council Confirmation by: March 17, 2022 (Section 13-4(k), Hawaii County Charter) Motion to Approve: Mr. Inaba moved to adopt Regenerative Agriculture, Water, Energy and Environmental Management Committee Report No. 12. Seconded by Ms. Lee Loy. CHR. DAVID: Any discussion, Council Members? And I believe if you have, Mr. Lopez is in our Zoom. So, no questions I see. Mr. Clerk. Vote on The motion to adopt Regenerative Agriculture, Water, RAWEEMC-12: Energy and Environmental Management Committee Report (Adopted) No. 12 was carried by the following roll call 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: Now, I have a request. Can we move to Bill 113, second and final reading? I believe Mr. Arai is here. Page 5 Hawaii County Council-34 March 9,2022 Bill 113: AMENDS SECTION 25-8-26 (PAHOA 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 VILLAGE COMMERCIAL— 20,000 SQUARE FEET (CV-20) AT WAIAKAHIULA, PUNA, HAWAII, COVERED BY TAX MAP KEY: 1-5-003:037 (Applicant: Aguinaldo 4, LLC) (Area: 1.545 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to temporarily use three existing structures for commercial purposes, and then remove the three existing structures and construct a 13,520 square foot mixed-use medical, retail, and office complex with associated infrastructure. The property is located at 15-3070 Pahoa- Kapoho Road, on the southeast corner intersecting with Pahoa-Kalapana Road across Pahoa High School at Kahiahiku Homesteads in Puna. Reference: Comm. 596 Intr. by: Ms. Villegas (B/R) First Reading: February 23, 2022 Motion to Approve: Ms. Villegas moved to pass Bill 113 on second and final reading. Seconded by Mr. Richards. CHR. DAVID: Any discussion? Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Chair David,just alerting you that I will be recusing myself once again from this vote. Thank you. CHR. DAVID: Thank you for informing us again. Anyone else? Seeing none, Clerk Henricks. Vote on Bill 113: The motion to pass Bill 113 on second and final reading (Adopted) was carried by the following roll call 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. CHR. DAVID: Mahalo, Mr. Arai, for being here and your patience. I believe we can just go to the top of the agenda at this point. Director Ramzi, you're here for? MR. HENRICKS: Next page over. Page 6 Hawaii County Council-34 March 9,2022 (Note: At this time, Environmental Management Director Ramzi Mansour came forward to address the members of the Council.) MR. MANSOUR: Yes, we have postponed two items from the last meeting. CHR. DAVID: Okay, I got it. Return to Order The Chair directed the Council to return to the order of business. of Business: APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. (There were none.) 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. Res. 315-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT FOR SHORETEL PHONE SYSTEM SUPPORT AND MAINTENANCE FOR THE OFFICE OF THE PROSECUTING ATTORNEY Authorizes the Mayor to enter into a five-year agreement with an approximate annual cost of$14,650. Reference: Comm. 620 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-106 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 315-22 and Finance Committee Report No. 106. Seconded by Mr. Inaba. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I don't have any discussion, Council Chair David. CHR. DAVID: All right. Anyone else? Seeing none, I guess we don't have any questions, gentlemen. So, unless you have something to say really quick, we're going to Page 7 Hawaii County Council-34 March 9,2022 MR. HENRICKS: This is for the that was for the Prosecuting Attorney. That wasn't for the CHR. DAVID: Oh. The 318? MR. HENRICKS: No. I thought we were just going to get through that and go to the next page. CHR. DAVID: Oh, I'm sorry. MR. HENRICKS: My apologies for not following your instructions. CHR. DAVID: Alright. MR. HENRICKS: Didn't want to forget it on the first page there by itself, its lonely self. CHR. DAVID: All right, any discussion? MR. KANEALI`I-KLEINFELDER: Chair, if I could? CHR. DAVID: Yes, go ahead. MR. KANEALI`I-KLEINFELDER: I appreciate the extra time for the conversation, but I don't have any conversation at this time. So, I'm okay with moving this forward. Thank you. CHR. DAVID: All right, thank you. Anyone else? Seeing none, Mr. Clerk. Vote on Res. 315-22: The motion to adopt Res. 315-22 and Finance Committee (Adopted) Report No. 106 was carried by the following roll call vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Lee Loy — 1. Excused: None. CHR. DAVID: Thank you. Resolution 315 has been adopted. Page 8 Hawaii County Council-34 March 9,2022 Res. 318-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF ONE ROLL-OFF TRAILER AND ONE DEWATERING BIN FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Authorizes the Mayor to enter into a five-year lease agreement with an estimated total monthly cost of$3,100 to dewater liquid and solid slurries generated from sewer maintenance activities, and to haul away the waste. Reference: Comm. 625 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Postponed: February 23, 2022 (Note: There is a motion by Mr. Kaneali`i-Kleinfelder, seconded by Mr. Inaba, to adopt Res. 318-22.) (Note: Comm. 625.1, from Environmental Management Director Ramzi Mansour dated March 9, 2022, transmitting informational material relating to Res. 318-22, was circulated.) CHR. DAVID: All right. Discussion, Council Members? Now, gentlemen, anything? Mr. Kaneali`i-Kleinfelder, do you want to go ahead first? MR. KANEALI`I-KLEINFELDER: If I could, Chair. CHR. DAVID: Yeah. MR. KANEALI`I-KLEINFELDER: Thank you. CHR. DAVID: Go ahead. MR. KANEALI`I-KLEINFELDER: Yeah, Director Mansour, I appreciate you being here today. There's a lot of discussion about the resolutions that came on our last agenda, and I appreciate you being here today to discussI mean, from what you've explained so far, the equipment is needed. We're concerned about timelines. You don't have this equipment, currently. I think part of the want was to discuss kind of the overall grand plan for Wastewater, which we discussed earlier today in Committee to a point. So, I mean, if you have any more details to add to the Council or to provide to the Council, I mean I'm all for it, but I'm comfortable and you have my support for this today. So, go ahead, Mr. Mansour. (Note: At this time, Environmental Management Director Ramzi Mansour came forward to address the members of the Council.) MR. MANSOUR: Yeah, good afternoon, Madam Chair and Council Members. Definitely, this equipment is to allow us to handle our septage that comes to our Page 9 Hawaii County Council-34 March 9,2022 facility. It's full of gravel, grits. So, this is what damages the pumps and motors as it comes into our septage receiver. So, the goal here is to capture it in this type of vehicle before it gets into our system, so at least, we could prolong the life of what we have so far until we finish the construction. And this also is going to be utilized for the new facility that we are in the process of designing. So, the idea is to benefit from it now to prolong the life of the current deteriorated facility to extract the grit, the sand, the gravel that comes out of septage, septic tanks, and cesspools that comes to our facility. And it's very vital to have this so we could extend the lifespan of what we've got and get us to move into the new design, as we discussed this morning. Thank you. MR. KANEALI`I-KLEINFELDER: Thank you. And I appreciate that because it also says we can use this even after we do our improvements to the facility. That's major too. Funding-wise, we're talking about different sources of funding. It's been an ongoing discussion. Do you have opportunities to use other funding for this equipment, or is this the direction that you want to go? MR. MANSOUR: This was already in this current year's budget. So, this is already in working with the Finance Department and our Business Manager. This is the route that's chosen. MR. KANEALI`I-KLEINFELDER: Beautiful. That really sums it up for me. Thank you very much, Director. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you, Chair. Aloha, Director. Thanks for being on. I just wanted to thank you for this additional information. I know that a few of us gave you a bit of grief at the last Council meeting, and it certainly wasn't personal. You do have a very tough job. I don't think any of us envy you or wake up wishing to be the DEM (Department of Environmental Management) Director. And so, we just wanted a bit more information, and you have more than satisfied that. And we appreciate your presence and the additional details today. I'll be supporting this. We want to make sure that all of your employees are really equipped with the critical information so that they can do their job, and this is something that is a very critical function to County government. So, thank you. Chair, I yield. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? And, Ms. Villegas, if you want to say something, holler, okay? MS. VILLEGAS: Thank you. Holler. CHR. DAVID: Okay. Go ahead. Page 10 Hawaii County Council-34 March 9,2022 MS. VILLEGAS: Aloha, Ramzi. Thank you for enduring the pummeling and the ups and downs and the joys of this adventure in the County of Hawaii. So, thank you for your continued tenacity, sense of humor, and ability to rise above, regardless. Appreciate you. CHR. DAVID: Thank you, Ms. Villegas. Anyone else? Seeing none, Mr. Clerk. Vote on Res. 318-22: The motion to adopt Res. 318-22 was carried by the (Adopted) following roll call vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Lee Loy — 1. Excused: None. CHR. DAVID: Thank you. Resolution 318 is adopted. Res. 320-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF THREE SEMI-TRACTORS FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Authorizes the Mayor to enter into a five-year lease agreement with an estimated total monthly cost of$14,100 to transport refuse from the East Hawaii Regional Sort Station to the West Hawaii Sanitary Landfill. Reference: Comm. 627 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Postponed: February 23, 2022 (Note: There is a motion by Mr. Kaneali`i-Kleinfelder, seconded by Ms. Villegas, to adopt Res. 320-22.) (Note: Comm. 627.1, from Environmental Management Director Ramzi Mansour dated March 9, 2022, transmitting an inventory list of tractors being operated by the Solid Waste Division, was circulated.) (Note: At this time, Environmental Management Director Ramzi Mansour came forward to address the members of the Council.) CHR. DAVID: Thank you. Go ahead, Mr. Kaneali`i-KI einfelder, on discussion. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I appreciate it. Again, Director, kind of a conversation at our last meeting. I'll just put that right there. Page 11 Hawaii County Council-34 March 9,2022 You did provide, and I really appreciate this, this list of inventory for what the department has right now. And you made a very good point: "Look, you guys are willing to give me trailers but not semis to pull the trailers, and it makes absolutely no sense." Completely agree with you. I like this list because it gives us a feel for what we're doing with the new department. And I'd really like to see this as different departments come forward when they're asking for new vehicles, new equipment. It helps us make a very, I think, good decision, but also based on data that we can actually look at and get a feel for. So, right now, looks like you have 39I mean, I would call them semi-trailers, semi-trucks. MR. MANSOUR: Yes. MR. KANEALI`I-KLEINFELDER: And of those 39, 23 are working, 12 are in the process of being disposed, and you have four being repaired. MR. MANSOUR: That's correct. MR. KANEALI`I-KLEINFELDER: Okay. And then again, this is a the need for this is an equipment shortage? This isn't related to personnel issues at all? MR. MANSOUR: That is correct. This is only equipment. Just from the 39, 12 are going to be disposed. So, that's going to leave us with 27. Currently, we have 25 operators assigned to each individual task, which we have about 22 transfer stations County-wide. So, technically, 27 for 25 operators. One truck goes down, we really don't even have a backup. So, the 3 that we're replacing are within the 27. So, you could tell. If we don't replace the 3, we're actually short a truck and we have zero redundancy. And that's why sometimes we end up closing transfer stations because we don't have any equipment to transport waste. And this is the first take at it. That's from this current year's budget. We added more vehicles in this upcoming budget. As you see from the inventory list, these vehicles go back to 1991, 1994. So, our guysI visited the Waimea Base Yard this morning at 6:30 in the morning. We had a meeting with the staff. I want to just give recognition to all of our staff. They're really very creative when it comes to managing these old equipment. They go on borrowed parts, and they're kind of creative as to how could we extend the lifespan of these equipment. And just listening to them and the need and the shortage of the supplies and what have you, it's just heartbreaking. So, hopefully, we'llI agree with Council Member Kierkiewicz; we need to give our staff the right resources so they could deliver the services that everybody anticipates and everybody expects. Thank you. MR. KANEALI`I-KLEINFELDER: Thank you. Okay, so, you have more operators than you have trucks right now. Page 12 Hawaii County Council-34 March 9,2022 MR. MANSOUR: That's yeah. If we don't get the three, you're right. We have 25 scheduled operators, and with the breakdowns on the current equipment. As you know, last month we had two breakdowns right on Saddle highway. We had two at the shop. And we have 16 load and waste was stockpiled at the Hilo facility. So, the Department of Health sent us a notification on the possible notice of violation. But we were able to work with the union and our staff to offer overtime. We ended up renting a truck from a local individual without a driver. Because, as you know, under the Konno decision,we cannot rent trucks with drivers. And it's hard to find trucks here on the island without a driver. Therefore, it was very difficult and challenging, but staff overcame that challenge. And now, we're about five load backlogged at that facility. MR. KANEALI`I-KLEINFELDER: Okay. Thank you, Director. I think that very clearly outlines why the need and why the push to waive to Council, as was given by the department. I appreciate the explanation. I yield for now, Chair. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing none, Mr. Clerk. Vote on Res. 320-22: The motion to adopt Res. 320-22 was carried by the (Adopted) following roll call vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Lee Loy — 1. Excused: None. CHR. DAVID: Thank you. Resolution 320 is approved. MR. KANEALI`I-KLEINFELDER: Chair, if I could? CHR. DAVID: Oh, go ahead. Return to MR. KANEALI`I-KLEINFELDER: Can I make a motion to waive the five-day Res. 318-22: hold on Resolution 318 and 320,please? CHR. DAVID: Let's take 318 first. MR. KANEALI`I-KLEINFELDER: Okay. MR. HENRICKS: You could do two if you want. It's at discretion. If you prefer not to do that, you could do them singularly, though. CHR. DAVID: Yeah, let's do them separately. Page 13 Hawaii County Council-34 March 9,2022 MR. HENRICKS: Okay, very good. CHR. DAVID: Make it clean. MR. KANEALI`I-KLEINFELDER: Okay. Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to suspend Council Suspend Council Rule 15 to waive the 5-day hold for reconsideration on Rules: Res. 318-22. Seconded by Mr. Inaba and carried by the (Approved) following roll call vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Lee Loy — 1. Excused: None. CHR. DAVID: Thank you. The motion passes. Return to Res. 320-22: Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to suspend Council Suspend Council Rule 15 to waive the 5-day hold for reconsideration on Rules: Res. 320-22. Seconded by Mr. Inaba and carried by the (Approved) following roll call vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Lee Loy — 1. Excused: None. CHR. DAVID: Thank you. Motion to waive is approved. Go ahead. MR. HENRICKS: In order? CHR. DAVID: Yes. MR. HENRICKS: Okay, very good. Page 14 Hawaii County Council-34 March 9,2022 Res. 326-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO GOING HOME HAWAII FOR ITS COMMUNITY-BASED REENTRY AND RECOVERY HOUSING PROGRAM IN KONA Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 634 Intr. by: Mr. Inaba Motion to Approve: Mr. Inaba moved to adopt Res. 326-22. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. DAVID: Mr. Inaba, go ahead. MR. INABA: Thank you. I ask for your support. That's all, Chair. CHR. DAVID: Thank you. Anyone else? Seeing none, Mr. Clerk. Vote on Res. 326-22: The motion to adopt Res. 326-22 was carried by the (Adopted) following roll call vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Lee Loy — 1. Excused: None. CHR. DAVID: Thank you. Resolution 326 is adopted. Res. 327-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA O PUNA TO ESTABLISH A NEIGHBORHOOD WATCH GROUP FOR HAWAIIAN BEACHES Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 637 Intr. by: Ms. Kierkiewicz Page 15 Hawaii County Council-34 March 9,2022 Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 327-22. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. DAVID: Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you so much. And I just want to acknowledge and mahalo all of the community members, the residents of Hawaiian Beaches and Hawaiian Shores, that really took it upon themselves to activate a Neighborhood Watch group. I'm just proud of Puna in general. There are 23 Neighborhood Watches in the region, the most in the island, and I know that other communities are coming online. So, this is just one small way that I can be supporting them with the startup infrastructure of banners and t-shirts and signage. But just really excited about their ongoing working relationship with the community police officers in the district. So, looking for everyone's support. Thank you. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, Mr. Clerk. Vote on Res. 327-22: The motion to adopt Res. 327-22 was carried by the (Adopted) following roll call vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Lee Loy — 1. Excused: None. CHR. DAVID: Thank you. Point of Order: MS. KIMBALL: Madam Chair, point of order. CHR. DAVID: Hang on a second. Yes, go ahead. Your point? MS. KIMBALL: I'm actually reviewing, real quickly, the Rules that we amended. And I think, for the purpose of expediting our process, it requires only a roll call vote when it's not unanimous. I suggest a voice vote with the microphones on, yes and no. And if we have any "noes,"then we go to the roll call, rather than doing a roll call for each vote. MR. HENRICKS: It's State law that if we hold a meeting by videoconference, we're required to do a roll call vote. So, it goes beyond the Rules on this one. Page 16 Hawaii County Council-34 March 9,2022 MS. KIMBALL: Actually, I beg to differ. I believe that the same is true for the State law, that if it's unanimous, then a roll call is not required. But if we want to proceed the rest of this way for today, that's fine, but I think that that is State law (inaudible). MS. VILLEGAS: Just a quick comment? MR. HENRICKS: I think that's correct. So, if you'd like to just do roll call votes, you'll have to stop and then not roll call, voice vote. CHR. DAVID: Okay. Well, anyone else has a comment? MS. KIMBALL: I'm pretty sure I'm right, but. MR. HENRICKS: I'm fine with that. CHR. DAVID: You're fine with that? MR. HENRICKS: Yeah. I don't think there's any harm if it's a unanimous vote. If it's a non-unanimous, we should do a roll call regardless, according to the Rules as well. CHR. DAVID: Right. And then I also thought that there was some issue about a Council Member not within the body and MR. HENRICKS: No, it's just because Ms. Villegas participated remotely; if the vote isn't unanimous, we have to do a roll call vote. MS. KIERKIEWICZ: Chair? MS. KIMBALL: So, the difference would be MR. HENRICKS: Same as the Rules. And it's similar to the Rules, yeah. CHR. DAVID: Okay. Then MR. HENRICKS: And, of course, at your discretion. But Ms. Kimball is requesting you exercise discretion. CHR. DAVID: Okay. So, in essence of time (inaudible), I think Ms. Kimball MR. HENRICKS: And my larynx. CHR. DAVID: Yes. All right, we'll do a voice vote. MS. VILLEGAS: Chair? Page 17 Hawaii County Council-34 March 9,2022 CHR. DAVID: Go ahead, Ms. Villegas. Point of Information: MS. VILLEGAS: Just as a point of information, I will be leaving at 2:30 today. So, we won't have to worry about that in a few minutes. Thank you. CHR. DAVID: All right, thank you. Ms. Kierkiewicz. MS. KIERKIEWICZ: Chair, I really appreciate Council Member Kimball bringing that up. When we brought the amended Rules for the proposed rules, it was with the intention of just everybody having their microphone on when we vote, not necessarily calling for a roll call vote. But because we were in multiple locations—Hilo chambers, Kona Council Chambers, and sometimes in our own offices or rooms because of COVID (coronavirus disease) or other issues,just wanted everybody to voice their vote at the time in which you call for it so there was real clarity by the Clerk in documenting how we are voting. CHR. DAVID: Thank you. MR. HENRICKS: Totally appreciate it. That will be great. Unfortunately, we can't use all the mics at once in this room yet until we renovate, but just voicing the vote would be appreciated even if the microphones aren't on. So, we can go in between for now. Thank you so much for that. And thank you for clarifying the law. I agree with Ms. Kimball and I think our Corporation Counsel does too. She's giving a thumbs up. CHR. DAVID: Or mask down. Thank you. MR. HENRICKS: Or she's hitchhiking. I'm not sure. CHR. DAVID: Thank you. All right, we've settled that. MR. HENRICKS: Okay, 329? CHR. DAVID: Well, did we take the vote? MR. HENRICKS: We did. That was probably maybe our last, maybe not. CHR. DAVID: The last roll call vote, okay. MR. HENRICKS: Maybe after 2:30. CHR. DAVID: All right. Page 18 Hawaii County Council-34 March 9,2022 Res. 329-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO WE ARE OCEANIA FOR ITS KEIKI CARE PACKS PROJECT Transfers $2,500 from the Clerk-Council Services –Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 643 Intr. by: Ms. David Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 329-22. Seconded by Mr. Richards. CHR. DAVID: With our Council Members' permission, I will just ask for your support on this. This is such a great program, and I'm so pleased and honored that I was able to that I had contingency left I think this is the last of mine or maybe another one to buy the kindergarten kids in Ocean View their supplies. It's a big help and I appreciate all of your support. Mahalo. All those—anyone else? Seeing none, all those in favor of approving Resolution 329-22, please say Ic aye. Vote on Res. 329-22: The motion to adopt Res. 329-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Richards, Villegas, and Chair David–8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. MR. INABA: Chair? CHR. DAVID: Thank you. Go ahead. MR. INABA: Sorry. Just as a point of making sure we're doing it right, does Ms. Villegas need to voice her vote? CHR. DAVID: Did you ? MS. VILLEGAS: Aye. MR. HENRICKS: Thank you. MR. INABA: Thank you. Page 19 Hawaii County Council-34 March 9,2022 CHR. DAVID: We'll wait for you or you can say it at the same time I ask for the vote. Put your mic on and then I think we'll hear you. Okay. Thank you. Thank you, Mr. Inaba. Res. 335-22: AUTHORIZES THE DIRECTOR OF FINANCE TO NEGOTIATE AN EIGHTEEN-YEAR LEASE OF REAL PROPERTY, A PORTION OF 34 RAINBOW DRIVE (OLD HILO HOSPITAL), SITUATED AT PIIHONUA, SOUTH HILO, COUNTY AND STATE OF HAWAII, AND IDENTIFIED AS A PORTION OF TAX MAP KEY: 2-3-026:008, TO HOPE SERVICES HAWAII, INC. Authorizes the Finance Director to negotiate a multi-year lease from October 7, 2019, through May 31, 2022, with an option of three additional five-year terms for approximately 11,853 square feet of space, to be used as an assessment center and emergency shelter for single individuals who are homeless. Reference: Comm. 657 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC (Note: Comms. 657.1 and 657.2, from Finance Director Deanna Sako dated March 17, 2022, transmitting proposed amendments to Res. 335-22, was circulated.) Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 335-22. Seconded by Mr. Inaba. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: I support the resolution. I do have a question for Deanna. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MR. KANEALII-KLEINFELDER: A quick question. And maybe this is not for you. Maybe this is for Real Property. But in this case, we're going to do the lease. Does the lease agreement come to us? Does the resolution come first, then they go out to get the lease? I forget. MS. SAKO: Pretty much we just negotiate the lease with the standard terms. So, sometimes it's attached, sometimes it isn't. But I think this one is actually an extension of the existing lease to provide services of the matter, yeah, for the homeless. Page 20 Hawaii County Council-34 March 9,2022 MR. KANEALI`I-KLEINFELDER: Okay. And if I rememberI mean, actually, I did some wiring in this building. But HOPE Services (HOPE Services Hawaii, Inc.) had been in the building. Are they taking on more of the building, or are they just continuing on the same space in the structure? MS. SAKO: I think it's in the same space. I was just checking if Director Kunz was in the Zoom room. But I believe it's the same space. There are multiple entities up in that facility that are renting various spaces. MR. KANEALI`I-KLEINFELDER: Okay. I'll follow up with them. Thank you. I just was trying to wrapI just couldn't remember the process, and I'll work (inaudible). MS. SAKO: Yeah. Sorry about that. MR. KANEALI`I-KLEINFELDER: No, thank you, Director. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Mr. Richards, go ahead. MR. RICHARDS: Yeah, thank you. Deanna, since you're here. The rent's quite modest. MS. SAKO: Yes, it is. MR. RICHARDS: Who's in charge of the maintenance? And just for the record MS. SAKO: We tried to pass that along to many of the lessees. I do not recall if this particular one passed that along. But we have been doing some of the work as it becomes necessary. It's still a building that's been EO'd(executive ordered) to us by the State. MR. RICHARDS: It's still I'm sorry? MS. SAKO: It's still our building. It's on executive order from the State. MR. RICHARDS: Okay. And just for the public, the rent's $10 a year. I understand the service, but are we also doing the maintenance as well? And so I pose that question. Can we get an answer on that? MS. SAKO: I can confirm, yes, if we're providingI believe we're doing most of the maintenance. And I thought it was supposed to be a hundred dollars a year, but okay. We'll go with the $10. MR. RICHARDS: Okay. Chair Page 21 Hawaii County Council-34 March 9,2022 CHR. DAVID: Hang on one second. Someone's trying to patch in on the Zoom. It was Sharon? Oh, Susan. Oh, no. (Note: At this time, Housing Administrator Susan Kunz and Housing and Community Development Specialist Sharon Hirota came forward to address the members of the Council.) MS. HIROTA: Both of us are here, but we'll turn it over to Administrator. CHR. DAVID: Okay. Mr. Richards, go ahead. MR. RICHARDS: Is that Sharon? CHR. DAVID: Both. MR. RICHARDS: Oh, both? Okay. A question we have, it's a very modest rent. Who's in charge of the maintenance for the building? MS. HIROTA: So, for the building, the lessee is in charge of day-to-day maintenance. We currently have General Services, out of Public Works, continuing to do the yard service that's outside of the building. But internal, addressing any of the concerns is on HOPE Services. MR. RICHARDS: Okay. Thank you. MS. HIROTA: So,just to let you know, we just completed some renovations that we agreed upon to do, and these renovations were paid by State funds. MR. RICHARDS: Okay. All right. Thank you. Chair, I yield. CHR. DAVID: Thank you, Mr. Richards. Mr. Inaba, go ahead. MR. INABA: Thank you. And just for the record, real quick, I want to confirm that this initial is for 18 years with a potential for an additional 15, if that's right, Director Sako. MS. SAKO: I think the original was three, and three five-year options. Did we misstate that, Sharon? MS. HIROTA: No, it is for initial three years, and three additional five years. So, a total of 18. MS. SAKO: Sorry. If we got it wrong in the letter, I apologize. MR. INABA: Okay, I think this Page 22 Hawaii County Council-34 March 9,2022 MS. SAKO: Yeah, yes, we worded it wrong in the letter. I apologize. But it is for the initial, plus it's supposed to be three five-year options. MR. INABA: Sorry. For purposes of the record,we go based on what's in the resolution. And that is saying MS. SAKO: So, in the first"WHEREAS," I can see where it might be a little bit confusing. But it's "desires to negotiate." It's like total of 18, but it's the initial three with five three five-year options. MR. INABA: Okay. I don't know how the Council wants to proceed on this. We have that language, then we have the transmittal letter which is different. And then I think the B-52, which is in alignment with what's in the resolution. Clerk, could you maybe give some guidance here? MR. HENRICKS: Yeah, the communication is, essentially—it is what it is and it can't be remedied. So, if it's incorrect, it's incorrect. I think most important is the language in the resolution. And if Council and Administration is satisfied that the language in the resolution is clear and accurate, you're safe to proceed. MR. INABA: I don't feel that the language is correct in the resolution. In my reading of it, it's saying "negotiate an 18-year lease for the period October 7th, 2019, through May 31st, 2022." Wouldn't it be a three-year lease indicating that period, with three MS. SAKO: Yeah, I think we got that wrong. Yes. MR. INABA: Option extensions of five years apiece? So, with that, I don't know if anybody else would agree with my reading. If that isif my reading is correct, then this resolution needs to be reworded. I'm not sure. Maybe we need to postpone and make an amendment to the resolution. MS. SAKO: Can we just table until the end of the agenda so we can have staff bring down a corrected version? MR. INABA: Sure. I'll yield for now. I think some of my colleagues might have something to say. CHR. DAVID: Thank you, Mr. Inaba, for that. And Mr. Richards first. MR. RICHARDS: Just agreeing with Council Member Inaba. He's right. So, we need to fix it. And I agree with tabling; see if we can get it done before the end of the meeting. CHR. DAVID: Thank you, Mr. Richards. Mr. Kaneali`i-Kleinfelder, go ahead. Page 23 Hawaii County Council-34 March 9,2022 Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to table Res. 335-22. Table: Seconded by Ms. Kimball and carried by the following (Approved) voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Richards, Villegas, and Chair David–8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. Res. 336-22: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES Authorizes the Mayor to enter into an agreement to execute a Programmatic Agreement with the State Historic Preservation Office to satisfy requirements associated with the receipt of Community Development Block Grant-Disaster Recovery funds for the County's Voluntary Housing Buyout Program. Reference: Comm. 659 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 336-22. Seconded by Ms. Kierkiewicz. CHR. DAVID: Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALII-KLEINFELDER: Thank you very much, Chair. We have, today, Mr. Kern—Director Kern and then Mr. Le. Please kind of give us a little bit of background on this. This is interesting. (Note: At this time, Planning Director Zendo Kern came forward to address the members of the Council.) MR. KERN: Yeah, no problem. Good afternoon, Madam Chair, members of the Council. Good to see you, all, again today. Zendo Kern, Planning Director. I am joined by Douglas Le, our Disaster Recovery Administrator. I will start out with the beginning of the story, kind of give you some background, and I'll turn it over to Douglas for a bit more details. So, as you know, we've been working on standing up the buyout program for the 2018 Kilauea eruption. It's quite a monumental task. The team got together. I mean, they created the forms. They created the processes. They created the quality control. All of those elements, we got all that together. We've got a really solid program. Page 24 Hawaii County Council-34 March 9,2022 One of the components that was necessary was a programmatic environmental assessment for the entire area. And so we worked with a consultant, brought them on board. They have some additional consultants that do specialize in various works, such as archeological work. And so, we made an asserted effort at the beginning to try to get ahead of some of these areas, such as SHPD (State Historic Preservation Division) work or any type of endangered species work. And so, we've had various meetings with these agencies and felt like we were in a good place, as well as our consultant, and did our best to get ahead. And as these things go, they always take a bit more time than one would hope. Feeling like we're getting right to the end where we're able to—we're starting to look at accepting offers for folks and being able to move really forward with the buyout program. And the last, really, element out of our control was getting this programmatic environmental assessment signed off and approved by the SHPO, actually—State Historic Preservation Office. And we're right there and I get the notice that there is a little snafu or a little misunderstanding or something was amiss regarding an element of the programmatic EA (environmental assessment). And so it's like, "Oh, no. This is going to create a problem." And so, what happened was we got the background info. We rallied up a meeting with our team, our consultant and their team, as well as Susan Lebo from SHPO and Bob Masuda on their team on I think it was a Thursday. We found out about this, say, on a Friday, for example. By the next Thursday, we organized this meeting and had a meeting that came together, and we were able to talk through. Basically, what we came to today was the need for this programmatic agreement. And in the realm of these types of issues, they can generally take months, if not years. And so, I want to highlight that everybody was able to come together. And SHPD, SHPO was very much on board to work with us. We got clear marching orders. Our consultant went to work. And by Monday, that following Monday so, Thursday, Friday, over the weekend by Monday, things were basically squared away. But the requirement was that we come forward with this. And so, this is kind of that final phase so we can actually continue with the buyout program. Really great job to the buyout team. And Douglas and his team wants to also thank the State Historic Preservation Division for their work, the consultants. And again, anything in that realm coming in within less than a week over the weekend was magic. And so, we really appreciate that for the community very much. I'll turn it over to Douglas now. He can give a little more detail of what you're looking at today. Thank you. (Note: At this time, Disaster Recovery Officer Douglas Le, Planning Department, came forward to address the members of the Council.) MR. LE: Thank you, Director. Douglas Le, Disaster Recovery Officer. The matter of environmental review of programmatic agreements I think is pretty Page 25 Hawaii County Council-34 March 9,2022 common knowledge in this body but also in our broader public. It's a very important piece of the work that we do as local government. But I do have to say that the environmental assessment that was required for this Voluntary Housing Buyout Program was very unique and that was an understatement. It's the use of Federal funds from the U.S. (United States) Department of Housing and Urban Development. That is the undertaking for this acquisition of property. But, now, when we're normally dealing with a parcel or two for a site for an undertaking, we start it with an area from Hawaiian Shores all the way down to Opihikao because that is the general census area that we use to that was the basis of this program. For our Section 106 consultation, we are looking at the immediate area of the 2018 eruption, the area where folks are eligible to apply for this program. And we are looking at over a thousand parcels in that respect. And the additional complexity is that this is a voluntary program. We need to be able to clear concurrence with SHPO in order to move forward with any acquisitions. At the same time, we know of the 486 applications that are currently in our pipeline. We don't know who will be applying this in the third phase once it opens up again. So, we needed a clear and compliant process to be able to get concurrence with SHPO to be able to move forward. Really to continue the progress we have been making on the program, but also to do this right on so many levels too. And essentially, the program agreement is a tiered approach where properties that were inundated by the eruption have no potential to cause effects to historic property. For those properties that were isolated or partially inundated and where there may be a structure, it becomes upon us, once those properties have been identified and are in the queue for acquisition, to do our proper work, you know, work with an archeologist to determine whether there is historic property inside. If it is not historic, then we can make a similar determination; no potential cause of effect. And if it is deemed historic, to take the proper measures in consultation with those properties. So, we're following, I think, the procedures and rules I think many of us are accustomed to in terms of handling these incredibly important and sensitive matters under Section 106 of the National Historic Preservation Act, and really appreciate the close coordination with the SHPO to get us here. Excited that we are able to serve nearly 500 applicants so far,just from those who lost their homes, both primary and secondary. We have 90 offers out, and about a quarter of those folks have come back to accept the offer. And so, as we prepare to get people in escrow, as we prepare to button up this process and get concurrence on the historic issues here, we're excited to be able to move forward. MR. KANEALI`I-KLEINFELDER: Thank you, Mr. Le. I appreciate it. Thank you, Director Kern. Some quick questions. I had a phone call from a constituent; I reached out to you yesterday. But just kind of give us a timeline so we can kind Page 26 Hawaii County Council-34 March 9,2022 of understand. People entered in the program roughly last year this time, yeah; we started the program. And you're just getting back to the point now where we can start actually buying out the property. Is that correct? For some of the people for Phase 1. MR. LE: So, the program did launch on April 30'h of 2021. So, almost a year since the launch of the program. For the first three months, we received applications for primary homes, and it was in that period that we received applications. We did preliminary calls. We did intake to ensure we had all the proper documentation. We understood the complexity of the cases that were before us. And we informed our applicants that, from the point of intake, it could take six to nine months to be able to get to closing. And many the rush of intake, really kind of our ability to get people back in for that process started in the summer of last year. This is a generalization because we're talking about 300 cases here. So, we are relatively on track in that respect. But I also want to acknowledge the time that has gone on since the eruption and since folks have been out of their homes and off their land and trying to work to close it up now. MR. KANEALI`I-KLEINFELDER: Okay. So, the six to nine months was kind of the estimate. You're pretty close to that. And this is for Phase 1. Phase 2, you've done too. And then Phase 3 is coming, which is vacant land. Correct? MR. LE: That is correct. MR. KANEALI`I-KLEINFELDER: Okay. And then the question kind of remains. And I don't know. Maybe we shouldn't get into this, but I've got to ask anyway. Like, we going buy out these properties, and then we're going to have this mismatch of properties all across Puna because it's not specific to one. It's not like one big continuous area, yeah. That's kind of a floating question about what happens then. I don't know if you need to answer that. I'm just—it's an interesting point we need to look at as a County. MR. LE: Agreed. Management of the properties after acquisition, it was definitely part of the decision-making to develop this program. It is somewhat connected to this environmental assessment. We know that when we have full knowledge of the properties that have been acquired, we will need to consider a change in the use, right, because they are no longer used the way they once were. And we got an early agreement with HUD (United States Department of Housing and Urban Development)to be able to complete this environmental assessment, move to acquisition, and look ahead to supplemental environmental review on the management strategy for these acquired properties. So, the work continues but it is important work. MR. KANEALI`I-KLEINFELDER: Okay. And then this resolution is for that agreement, but I mean, have you already been working them? Do you have an agreement already, or are you walking into one? Page 27 Hawaii County Council-34 March 9,2022 MR. LE: We have an agreement drafted. So, that was the process that Director Kern kind of spoke to in terms of the issues identified and the timely solutions around drafting a new agreement. MR. KANEALI`I-KLEINFELDER: Can we see that? Do we need to see that? It's always interesting because we always get these resolutions with an agreement but we never really see the agreement, usually. And sometimes for good cause. But I mean, this one, can we see it? MR. KERN: I wouldn't see any reason why not. I would ask that we just send it to you, and we don't hold this because this is literally holding people MR. KANEALI`I-KLEINFELDER: Yeah, no, not at all. MR. KERN: Yeah. That's not a problem. MR. KANEALI`I-KLEINFELDER: Just could you—if you'll send to, maybe, all the Council so we can just check it out via email. MR. KERN: Yeah. MR. KANEALI`I-KLEINFELDER: Thank you. Thank you for the overview. I appreciate it. And then, thank you for addressing that constituents' concerns. They were maybe misinformed. I'll work them to kind of button that down. And you did offer your support, if needed, directly from you as well. Thank you for that. MR. KERN: Of course. Thank you. MR. KANEALI`I-KLEINFELDER: Thank you. I yield, Chair. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you, Chair. I don't want to belabor this, but I just want to make sure that if we are to approve this resolution today so you can enter into the agreement, the schedule that you've articulated for the buyout program, we will be on track. We won't fall behind. MR. KERN: That is correct. MS. KIERKIEWICZ: Okay. I just want to make sure because you talked about providing offers to some folks for Phase 1. And we certainly don't want to delay the process because many of them are still really counting on this in order to resolve their situation and move on. Page 28 Hawaii County Council-34 March 9,2022 MR. KERN: Yeah, and the team really hasn't stopped. The team is moving forward even though this came up. There's so many components moving that they're continuing to move everything forward. But we can't move forward with finally getting the actual sales done without this. MS. KIERKIEWICZ: Okay. MR. KERN: And say, what, we lost maybe two weeks in total with this. And for this type of an issue, I'd say I think we're doing really well. MS. KIERKIEWICZ: I'm impressed. Seriously. I mean, the fact that you've got Dr. Downer and Susan Lebo at the table working with you to kind of execute this agreement so quickly is really impressive. I mean, really, it's a miracle because we know how slow SHPO can be. I can't believe that's their acronym now. It's going to take some getting used to. MR. KERN: They're still SHPD, too, right? It's both. MS. KIERKIEWICZ: Okay. Good for clarifying. Thanks, you guys. It's not always said but there is a lot of gratitude. To you, Douglas, personally, I know that you have been heavily involved in architecting this program, getting it off the ground. This remains to be our single largest Federal award ever received by the County. So, thank you for your leadership and to your team. We have six years to spend this money, but really, you're going to get it done in a much shorter timeframe. So,just really impressive. And I want to acknowledge all of the hard work that you're doing, and also just continuous engagement with community because there are a lot of answers that still need to be resolved. And you've made yourself very available to answer and just address people's concerns. So, thank you. I appreciate it. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, Director Kern, Mr. Le, thank you so much for your hard work on this and appreciate it very much. I'm sure Puna does, most of all, right? So, thank you for being here. All those in favor of approving Resolution 336-22, please say "aye." Vote on Res. 336-22: The motion to adopt Res. 336-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Richards, and Chair David—7. Noes: None. Absent: Council Members Lee Loy and Villegas —2. Excused: None. Page 29 Hawaii County Council-34 March 9,2022 Vote on Motion to Ms. Kierkiewicz moved to suspend Council Rule 15 to Suspend Council waive the 5-day hold for reconsideration. Seconded by Rules: Ms. Kimball and carried by the following voice vote: (Approved) Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Richards, and Chair David—7. Noes: None. Absent: Council Members Lee Loy and Villegas —2. Excused: None. MR. KERN: Thank you, all, so much. CHR. DAVID: Thank you very much. MR. LE: I appreciate it. Thank you for your consideration. I appreciate it. CHR. DAVID: Could we just move, Mr. Clerk,please, to bills for second and final reading? Bill 111, Draft 3, please. It's the first item on the second and final reading. 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 111: AMENDS CHAPTER 19, ARTICLE 11, SECTION 19-90, OF THE HAWAII (Draft 3) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAXES Allocates 75 percent of real property tax revenue collected annually from Residential Tier Two properties that is applied to the net taxable real property value of$2 million or more to County-sponsored programs to address housing and homelessness, through June 30, 2027. Reference: Comm. 589.4 Intr. by: Mr. Chung First Reading: February 23, 2022 and Comm. 589.9: From Council Member Aaron S. Y. Chung, dated March 2, 2022, transmitting proposed amendments to Bill 111, Draft 3. Motion to Approve: Mr. Chung moved to pass Bill 111, Draft 3, on second and final reading. Seconded by Ms. Kierkiewicz. CHR. DAVID: Go ahead, Mr. Chung. Page 30 Hawaii County Council-34 March 9,2022 Motion to Amend: Mr. Chung moved to amend Bill 111, Draft 3, with the contents of Comm. 589.9. Seconded by Ms. Kierkiewicz. CHR. DAVID: Go ahead. MR. CHUNG: Mr. Clerk, what do we need to do now that we're making an amendment on final reading? What's the ? MR. HENRICKS: It would be after. If the amendment is approved, we would the Council would need to suspend its Rules to proceed. MR. CHUNG: Okay, let me just explain this amendment, then, and very briefly. This is something that's been a work in progress with the Finance Department so that we can get really precise language on this. And then, I really want to thank also Mr. Henricks for weighing in on this. So, we have something now, a product that is acceptable to everyone. And it really uses the word that I wanted to use from the very beginning: the "difference." So, we passed it by Deanna; she's A-OK. Mr. Henricks looked at it and I looked at it. I think it's perfect. So, I ask for your support. CHR. DAVID: Thank you, Mr. Chung. Anyone else? Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you, Chair. I appreciate everyone involved. I think this is the clarity that we were looking for and the community was looking for as well. I'll be supporting it. Thank you. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, all those in favor of approving the amendment to Bill 111, Draft 3, with Communication 589.9,please say "aye." Vote on Motion to The motion to amend Bill 111, Draft 3, with the contents of Amend: Comm. 589.9 was carried by the following voice vote: (Approved) Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Richards, and Chair David—7. Noes: None. Absent: Council Members Lee Loy and Villegas —2. Excused: None. MR. CHUNG: Now, what do we do, Mr. Henricks? MR. HENRICKS: There'd be a motion to suspend the rules to allow the Council to proceed. Page 31 Hawaii County Council-34 March 9,2022 Vote on Motion to Mr. Richards moved to suspend Council Rule 24 to waive Suspend Council the holdover for the substantive amendment of Bill 111, Rules: Draft 3. Seconded by Ms. Kimball and carried by the (Approved) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Richards, and Chair David–7. Noes: None. Absent: Council Members Lee Loy and Villegas –2. Excused: None. CHR. DAVID: Go ahead, Mr. Chung. MR. CHUNG: Thank you. Yeah, so again, very briefly, I thinkI wanted to thank my colleagues for really coming up with a good product. It's a product of the Council. I wanted to point out one more thing, though, for the public's information. The language here says "no less than 75 percent"; ergo, it could be more than 75 percent. I just wanted to point that out. Okay. But I just ask for your support. Thank you. CHR. DAVID: Thank you, Mr. Chung. Anyone else? Ms. Kimball, go ahead. MS. KIMBALL: Yeah, I just wanted to note, briefly, in previous discussions on this I've had some concerns about not directing this to a specific account. I had some good conversations with Director Sako and how they're going to manage this in Finance, and I feel comfortable that this will be managed and observed and reported upon correctly and sufficiently. So, that's no longer a concern of mine, and I'll be supporting this measure. Thank you. CHR. DAVID: Thank you, Ms. Kimball. Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Okay, I feel stupid. I'm going to ask it. Please explain this. Maybe Mr. Chung or Deanna or Lisa, if she's around, but the difference in revenue from residential tier one to residential tier two. So, that's what's in between the two? And I feel dumb asking because I know we talked about it before, about this. MR. CHUNG: Yeah, we did but, no, it's not a dumb question. It is basically the difference between what we would have generated had we just had the—had we not had a tier two arrangement, and what we are generating by virtue of the two tier. So, it's not taking the whole shebang. It's just that difference. Do you want to elaborate, Deanna? You're the one who has to administer it. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) Page 32 Hawaii County Council-34 March 9,2022 MS. SAKO: I think what we were talking about is it's with the incremental difference: so, if we didn't have that extra amount and we charged the whole class at the first tier, compared to the additional revenue we're making by charging the second tier. And so, that is what we tried to clarify at last reading, just to make sure we're all on the same page. And so, that's the language that was reviewed by us and Corp. (Corporation) Counsel and everybody else. MR. KANEALI`I-KLEINFELDER: It's not clicking. So, the residential tier two only is being taxed? Only that property tax? MS. SAKO: Okay, so, we taxed the entire class at the residential rate, which is, Lisa can correct me, I think like $11.10. And then, the tier two rate is higher at, like, $13.60. So, on the amounts that are over $2 million per parcel, it's that extra $2.50, the revenue that's being brought in. And then we're taking 75 percent of that and putting it in the homelessness account. And I did forget to MR. KANEALI`I-KLEINFELDER: That one worked. That explanation worked. MS. SAKO: Yeah, okay. MR. KANEALI`I-KLEINFELDER: Thank you. I've been trying to wrap this around my head. But that was a very good explanation. Thank you. Yeah. I support this. I'm going to say yes to this today. My only concern is, watching the conversation, housing and homelessness, I really want this to go towards our homeless folks. I know housing and services go hand in hand. I get it. But I don't want this to turn into an affordable housing fund. I want this to be really directed towards programs that help take care of the people who are homeless; take care of our homeless community. Take care of the guys who are doing the service, providing for the homeless community; members, you know, HOPE Services there's a number of them. But not just disappear into the realms of "let's build housing"because I think for as tightly knit as they are, there's issues. I do think they're still separate. So, I'm just going to put on the record that's what I hope this goes towards. Aaron, I really do appreciate this bill. You tried a couple times and this nailed it, and it's a good product of the Council, as you said. So, thank you for the explanation, Deanna. Thank you, Lisa, for being there. Yeah, that worked, whatever that was. MS. SAKO: Okay, good. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Mr. Richards first and then I'll go to Mr. Chung. Page 33 Hawaii County Council-34 March 9,2022 MR. RICHARDS: Yeah, and thank you. Just for further clarification, rough numbers, I think we estimated 10 million, but I don't think it was that much collected. It was somewhere six or seven? MS. SAKO: So, initially for last year, when we first started talking about it, I think we said it was about seven, seven-and-a-half million would be the 75 percent portion. And when we submitted the budget on March 1st, we included $9 million under homelessness, and the 400 (inaudible). MR. RICHARDS: That would—it's funded through this. MS. SAKO: Yes. MR. RICHARDS: Okay. All right. Thank you. Yeah, I'll be supporting it. CHR. DAVID: Thank you, Mr. Richards. Mr. Chung, go ahead. MR. CHUNG: I want to make one more comment on this thing. CHR. DAVID: Oh, wait, hang on. Can I take ? MR. CHUNG: Yeah. I'm sorry. CHR. DAVID: Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you, Chair. I'll be supporting this. I think housing and homelessness are issues that we all care very much about. And I'm heartened at the last Council meeting when we asked Administrator Kunz her process for identifying how she will proceed, because if we're looking at this, we're not earmarking a specific amount or percentage to go to any of these particular issues. She's doing it right. She's engaging community. She's engaging stakeholders who are in the business of housing production, of providing outreach to homeless individuals, and designing it from that standpoint. Truly understanding our need. And now, we have a local funding solution that helps to support filling in the gap because not all Federal and State programs are enough, nor do they really apply to our situation. So, I'll be supporting it as stated, and really do look forward to consistent and regular reports from the office on how we are making progress on expending these funds. And thank you, Council Member Chung, for that distinction of more than 75 percent can go here because if successes are happening, we certainly want to be funding those successes. So, thank you for your hard work and your boldness in putting this forward. I yield. CHR. DAVID: Thank you, Ms. Kierkiewicz. Mr. Chung, go ahead. Page 34 Hawaii County Council-34 March 9,2022 MR. CHUNG: Yeah, I just wanted to point out this really is a starting point. It was intended to recognize and establish a funding source. And you talked about it. You touched upon it. Ashley, we're going to be getting—we should expect to get regular reports to see how these things are going. But it hopefully will foster collaboration between the County and all of the different stakeholders, as well as the agency Community Alliance Partners. And if it doesn't work out to the liking of the Council and/or the public, then it could be tweaked. But let's just get this thing moving already. Thank you. CHR. DAVID: Thank you, Mr. Chung. Anyone else? Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: I'll keep it quick. CHR. DAVID: Thank you. MR. KANEALI`I-KLEINFELDER: If we adjust the rates, this bill still stands, yeah? It's not stuck to the same rates we are at right now, today. MS. SAKO: Yes. Correct. MR. KANEALI`I-KLEINFELDER: If we adjust it in the future, it would just expand that gap or that difference, right? MS. SAKO: Correct. Yes. MR. KANEALI`I-KLEINFELDER: Okay, thank you. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Seeing no other discussion, thank you, Mr. Chung, for this. This is a very important piece of legislation. So, all those in favor of approving Bill 111, Draft 3, as amended with the contents of Communication 589.9, please say "aye." Vote on Bill 111: The motion to pass Bill 111, Draft 3, as amended to Drat 4, Draft 4 on second and final reading was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Richards, and Chair David—7. Noes: None. Absent: Council Members Lee Loy and Villegas —2. Excused: None. CHR. DAVID: Thank you. Oh, I'm sorry. We can go right back to Resolution 337, please. Page 35 Hawaii County Council-34 March 9,2022 MR. HENRICKS: Thank you. CHR. DAVID: Thank you. Return to Order The Chair directed the Council to return to the order of business. of Business: Res. 337-22: SUPPORTS AN INDEPENDENT UKRAINE AND CONDEMNS RUSSIAN MILITARY ASSAULT Proclaims the County Council's support for Ukraine's right to be free, independent, and to defend its territorial integrity. Reference: Comm. 662 Intr. by: Ms. Kierkiewicz Waived: GOREDC Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 337-22. Seconded by Mr. Richards. CHR. DAVID: Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you, Chair. First, I just want to acknowledge Kristen Alice who was one of our testifiers. She's one of my constituents. Her family lives in Hawaiian Shores. I know that she lives in town now, but she is an incredible human being who does a lot for HOPE Services and out in the community in general. She reached out to me last week Sunday and said, "Ash, can the County Council put forth a resolution in support of Ukraine and just really condemning the atrocities that are being committed by the Russian Federation?" And she wanted to pull together folks with Ukrainian heritage and ties to the area. And so, we collaborated on a resolution, which is what we are seeing before us today. And really appreciate everybody coming forward and sharing their honest opinion about this situation. But the bottom line is freedom is not free. Ukraine is under siege. They didn't ask for this. Russia is saying this is a special military operation, but I was incredibly unnerved when Vladimir Putin said, "Anyone who tries to intervene in these attacks must know that Russia's answer will be immediate and will lead to such consequences as you have never experienced in your history." Ukraine is fighting to survive. Their very existence, their democratic and economic reforms are on the line. And this resolution was meant to be provocative. I've looked at other resolutions that have been adopted by legislatures and councils, and they call for the ceasefire. Sure. We all want that. But President Zelenskyy, when asked to be provided with a safe route out of Ukraine, said, "I need ammunition! I don't need a ride!" He is there showcasing tremendous courage and leadership and are so Page 36 Hawaii County Council-34 March 9,2022 many Ukrainians who, in the face of so much travesty and carnage, are willing to fight. They are athletes and entertainers and legislators going back to their mother country and fighting. And I'm not sorry if this resolution offends some people, but I wanted to take a bold stand. I really did. Because, Putin is not respecting the sanctity of life. He's not respecting the ceasefire that he agreed to, and he bombed a maternity hospital today. He is violating international and humanitarian law. And so, I know this resolution is symbolic, but think about what it would mean to the people of Ukraine to know that, here in Hawaii, we send them their aloha. We send them our aloha and we stand with them. That is such food for the soul and the spirit, to know that even though we are so far away, we stand with them. And so, this resolution is extending support to Ukraine, condemning Russia. And every single one of these items listed in the resolution are things that President Zelenskyy has called for. And not everybody may be in agreement, but these are things the international community has already done or is considering doing. And so, I just wanted to make sure that we're sending a strong message that when there is a call for help, we're going to respond. And this is one of the tools that we have to respond in kind. So, look forward to everyone's mana`o and, hopefully, support on this measure. Thank you, Chair, I yield. CHR. DAVID: Thank you, Ms. Kierkiewicz. Council Members? Mr. Chung. MR. CHUNG: Yeah. Hard to go after that. Nobody wants to talk after that kind of impassioned speech. It's almost like going after Billy Kenoi, you know, when you've got to speak after Billy Kenoi. Very difficult. And I don't want to make light of any kind of situation like this, but I've got say, though, with everybody decked out in all these beautiful blues and golds, it would have been a perfect time for us to have given a presentation to Hilo High School's soccer team the boys' soccer team. That would have been lovely, right? It wasn't to be. But anyway, last night I was multitasking, doing some work, and I'd got the tv (television) on as usual,paying more attention to the tv than I'm doing to my work. Then, I happened to come across this thing, and I think you have all seen this video. It just came out maybe about a day or two ago. It's this girl singing to that tune "let it go, let it go" in Frozen. And then, so, I had never seen it before, but it just kind of caught my attention. Then, it became very apparent this was a Ukrainian girl singing, and she's probably in the subways somewhere. Very poignant and powerful image. But if you guys haven't seen it, I would suggest all of you go on YouTube and check this thing out. Then, it reminded me that we have this thing today, right. And I know we're instructed by Ashley to wear blue and yellow, which I don't have those colors. So, first thing this morning, I got that for Ashley, right; sunflower, the symbol of Page 37 Hawaii County Council-34 March 9,2022 Ukraine's strength and resistance. I would have gotten one for each of you guys, but they didn't have single flowers. They only had that. So, that's the best I could do. But really, this thing is troubling. And I really understand where you're coming from, Ashley, and in terms of doing this provocative measure. Yeah, we had several speakers testify against it, unfortunately, and I understand their point. I think we all do. United States is not—they don't come with clean hands either, right. But this situation really is troubling, and we are on the cusp of World War III. No question about it. This is so similar to Nazi Germany going for living space. This is now Poland I guess, right, Ukraine? And waiting in the wings conspicuously silent on this is China. Waiting in the wings is how they deal with Taiwan. This is very bad. And yeah, it could have been a watered-down version, and maybe everyone would have liked it better. I'm just going to cast my vote today in support of it, of course, because this is just not a good situation. What's happening to the people in Ukraine is just—it shouldn't happen. Maybe that's what happens every 60 years, or maybe that's just how the world goes. But we are in for some really troubling time, unfortunately. Hopefully, cooler minds can prevail. But I think this Vladimir Putin is—he's a bully, obviously. And I don't know how far he can be pushed with these economic sanctions. I just don't know. And I don't have any delusions that this thing is going to make any effect, but it's good that we get to talk about it and get these things off our chest, really, because it is front and center in everybody's mind right now. So, thank you very much, Ashley. CHR. DAVID: Thank you, Mr. Chung. Anyone else? Ms. Kimball, go ahead. MS. KIMBALL: Yeah, thank you. It's hard to go after her, and then it's harder to go after him. I'll do my best. I think Council Member Chung hit on a few key things here about the absolute uniqueness of this in time and also the similarity to previous historical events and the fact that it could be precedent setting for other actions around the globe. And I think that's why it's important, again, to have the conversation. It's a nonbinding resolution but I think it's important for us to show our support. And I've certainly been moved by some of the videos and information coming out. And it's amazing, to me, in this day and age, that we're still talking about the possibility of nuclear war or nuclear disaster. I remember growing up as a kid during the Cold War and you'd hear something go over the house and, "Oh, is that a missile?" And I don't want my kids to be in that position again and living with that anxiety. Page 38 Hawaii County Council-34 March 9,2022 I don't know where I was going. I just wanted to make sure I weighed in and say thank you, Council Member Kierkiewicz, again for bringing something important and provocative so we can have the discussion. Yeah, that's all, Chair. I yield. CHR. DAVID: Thank you, Ms. Kimball. Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I appreciate this coming forward. It's interesting what we can do to show our support and this does that. It shows our support for the people of Ukraine. I mean, I think a lot of people feel that way right now. I know, without question, too many times in history you see a nation or a people just crushed or aggressed towards by another nation, and it's hard to watch. I think a lot of the time we feel that it's far away, it's not our neighbors. It's not our—we don't know them too well. But in this case, I think the world's getting so small. Social media just speeds up the travel of information, and we just—you can actually begin to feel what's happening from the videos we're watching to people like Kristen Alice who actually knows someone in Ukraine and is trying to figure out if they're okay. And just really feeling connected to them and feeling like we've got to do something, but what do you do. So, at least it's something. We're doing something as a Council. And then for me, it hits a little bit close to home. I'm not Ukrainian but I'm Armenian. And not too long ago, the Turkish, I mean they wiped out millions of Armenians in the genocide. And it's brutal. I mean, you go back and look at the pictures. It is just—it's hideous. And so, I'm seeing this unfold. I'm looking at what's happening now and the backlash. It's gross. I cannot believe humans can still be on this track, that this is somehow useful towards an end. It's not. It's just disturbing that human beings cannot get past this notion of greed or"I don't have enough," or"I've got to attack" for whatever reason they've got to do it. I just don't like it, and I wish it was different. So, if this makes any difference in the world, then good yeah. On the back end of that, too, I'm looking at and going, "We just got through COVID, and now, all of a sudden, we've got this possible World War IIL" I don't want my kids to live in fear. I don't want people being in fear of a World War III. But I'm looking at it, and there's going to be supply-chain disruptions. Now we're worried about food. And now, the prices of oil are going up and it's just like having—can't we do better as a species? You said it right, Heather. Can't we do better as a species than this? I cannot believe it. Thank you for that ability to say something. I appreciate it. I yield, Chair. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Ms. Lee Loy, go ahead. MS. LEE LOY: Thank you, Chair. And my apologies in stepping out; I had an appointment. But I'm glad I'm back for this particular resolution. Of course, I Page 39 Hawaii County Council-34 March 9,2022 will be casting my vote in support of this resolution. And listening to my colleagues just for these last few minutes really, for me, emphasizes why we need to do this. Part and parcel is, as Mr. Chung mentioned, we're dealing with a bully. Right? We heard testimony about a way to approach it a little differently. It's been my experience when you're dealing with a bully, you address the bully. And what this resolution does, in addition to addressing these bad behaviors, it also lifts up the Ukraine people, that"we're looking out for you." And that's how black and white it is for me. When it comes to conflict, there's two sides, right: the bully and the victim. And in this situation, this resolution pledges our support behind the victims, and that's why I will be casting my vote in favor of this resolution. Chair, thank you for the opportunity to speak and stepping in a little late to this conversation. I yield. CHR. DAVID: No, you were just perfect, on time. Mr. Richards, go ahead. MR. RICHARDS: Just a few words. I agree with what's been said. And the question is, we're a little island out in the middle of a vast Pacific, and does it really make a difference? Well, sometimes it does. And this reminds me of a story. Years ago, the United States had always supported I believe it was Bangladesh, and the flooding going on there and just all of the challenges there. And when it came time and we had a big flooding going on in our nation, Bangladesh scraped together and sent us hemp to make sandbags. And it made a difference because, though it was a token effort, it showed its people care. So, this is all about showing that we care. So, thank you, Ashley. It's a personal thing but thank you. CHR. DAVID: Thank you, Mr. Richards. Mr. Inaba, go ahead. MR. INABA: Thank you, Chair David. And, Council Member Kierkiewicz, thank you for bringing this forward. I think everyone on this Council acknowledges and agrees with the intention to bring recognition and our positive mana to the people who are experiencing this on the other side of the world. Mr. Richards said we're a little island in the middle of the ocean. And I think what you're doing here is putting this is history in the making, this resolution, what's happening across the world. And it also brings us back to our own drama experience here in Hawaii. We're the little island. We were the nation, the people, taken over by a bully the bully being the United States. And that needs to be stated. And yesterday, we had a rally at the State Capitol that brings awareness to the drama that people of this land continue to face. And to approve this resolution without recognition of our own struggles and the difficulties being faced by the people of this very land would be an injustice. So, I need to speak that as a Hawaiian and as someone who I'm fortunate enough to represent my district, my Page 40 Hawaii County Council-34 March 9,2022 people. And hopefully, we're able to have more Hawaiians in these roles who are able to make good decisions for, not just Native Hawaiians, but for the people of Hawaii. And we know that we continue to be at the mercy of the United States, Red Hill being one of those terrible examples of our own struggles today. So, I'll be supporting this resolution, but let us not forget what has happened and what continues to happen to our island home at the hands of the United States. Chair, I yield. CHR. DAVID: Thank you, Mr. Inaba. Anyone else? Seeing none, Ms. Kierkiewicz, before I call for the vote, I just want to thank you for doing this and having it done so quickly. It was my pleasure of breaching this because time is of the essence. And I think what Mr. Inaba spoke of is such a hurt that has endured generations, okay. And the only difference, not the only difference, but the difference I see why this resolution is important is that, yes, our people did die—some of our people did die but what's happening in Ukraine is just so inhuman. And for us here on our little island State, we can relate to some of this; not all of it because it's definitely a big difference between what's happening now and what happened in the 1800s. So, the threat that Mr. Chung is speaking of is what has grown from the experiences of our people to now, where it involves the potential for nuclear destruction of the world. And for me, I think your support in this resolution proves that no matter what, we cannot be silent and watch people—innocent people—be murdered by anybody. And so, I don't know what else to say except that it's history repeating itself in a different part of the nation or the world, and we just can't condone that. I mean, I know this is the resolution, but it comes with a lot of aloha and support from this little body here in Hawaii. So, thank you very much. On the motion to approve Resolution 337-22, all those in favor please say "aye." Vote on Res. 337-22: The motion to adopt Res. 337-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, and Chair David–7. Noes: None. Absent: Council Members Chung and Villegas –2. Excused: None. CHR. DAVID: Thank you, Mr. Clerk. Proceed to bills for first reading, please. Page 41 Hawaii County Council-34 March 9,2022 BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): Bill 121: 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 Fund Balance Reserved for Liquor Control account ($100,000); and appropriates the same to the Liquor Control Other Current Expenses account($100,000). Funds would be used to cover costs associated with internet and phone installation at the West Hawaii office located in Kailua-Kona. Reference: Comm. 621 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-107 Vote on Bill 121: Mr. Kaneali`i-Kleinfelder moved to pass Bill 121 on first (Approved) reading and adopt Finance Committee Report No. 107. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, and Chair David—7. Noes: None. Absent: Council Members Chung and Villegas —2. Excused: None. Bill 133: 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 Interest—County Revolving account($1,185.16), and appropriates the same to the following accounts: Wainani Estates Subdivision Phase 1 ($242.32) and Kona Operations Partnership Housing ($942.84). Reference: Comm. 655 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Page 42 Hawaii County Council-34 March 9,2022 Vote on Bill 133: Mr. Kaneali`i-Kleinfelder moved to pass Bill 133 on first (Approved) reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, and Chair David—7. Noes: None. Absent: Council Members Chung and Villegas —2. Excused: None. CHR. DAVID: Thank you. Bill 135: 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 Interest—Other Federal —COVID-19 account ($1,038.90), and appropriates the same to the Housing Assistance Program Administration—COVID 19 account. Reference: Comm. 658 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Vote on Bill 135: Mr. Kaneali`i-Kleinfelder moved to pass Bill 135 on first (Approved) reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, and Chair David—7. Noes: None. Absent: Council Members Chung and Villegas —2. Excused: None. Page 43 Hawaii County Council-34 March 9,2022 Bill 136: AUTHORIZES THE ISSUANCE OF SPECIAL TAX REVENUE BONDS OF THE COUNTY OF HAWAII FOR THE PURPOSE OF FINANCING THE COSTS OF CERTAIN PUBLIC IMPROVEMENTS AND INCIDENTAL EXPENSES RELATING TO THE COUNTY'S COMMUNITY FACILITIES DISTRICT NO. 1-2021 (KALOKO HEIGHTS PROJECT); AMENDS CERTAIN PROVISIONS OF THE ORDINANCE OF FORMATION FOR THE DISTRICT RELATING TO THE LIEN OF THE SPECIAL TAXES SECURING SUCH BONDS; FIXES OR AUTHORIZES THE FIXING OF THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDES FOR THE SALE OF SUCH BONDS TO THE PUBLIC Authorizes the issuance of up to $22 million in special tax revenue bonds to acquire and construct sewer improvements and to pay for incidental expenses. Reference: Comm. 660 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 136 on first reading. Seconded by Ms. Kierkiewicz. CHR. DAVID: Any discussion? Seeingoh, go ahead. Who was that? Oh, Ms. Lee Loy. MS. LEE LOY: Yes, I believe this one was waived. So, Deanna, if you don't mind. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: Good afternoon. So, this project has had its stops and starts, and they're ready to start again. And so, time is of the essence. I believe it is holding up some affordable housing funding. And so, this is our show of support that we do support their special CFD (Community Facilities District) district bond where they will be using it to do the sewer piping along,well, all the whole Kaloko Heights area down to the highway. So, it's just our show of support to show that we're ready to move forward. And if there's any questions on the bond itself, I am happy to answer those. MS. LEE LOY: On the bond itself. MS. SAKO: So,just to be clear, this is not a general obligation bond like we discussed at Finance Committee. This is a special tax revenue bond that is separate. And when we go out to sell the bonds, it's actually based on the developer's financial status, not ours, not the County's. But we're supportive of Page 44 Hawaii County Council-34 March 9,2022 it, and we'll be working with them to get all that set up. And so then, we do have all the high-level people in place that are used to dealing with this kind of development and special bonds. MS. LEE LOY: So, this particular one is actually going to end up on the properties that are MS. SAKO: It's a lien against the property, correct. MS. LEE LOY: Lien against the property. So, their—and it gets paid back through real property tax, correct? MS. SAKO: It's a special assessment that will appear on their real property tax bill. MS. LEE LOY: Okay. So, the lots that utilize this particular sewer will have their general, like, real property tax bill and then, like, another line item. MS. SAKO: Another line item, right. MS. LEE LOY: And this is over the course of how many years now? MS. SAKO: I believe these can go up to 30 years. Let me double-check if we went with the full 30. I think it can go up to 30. And so, right now, there's not that many lots; they haven't completed the subdivision yet. But as they do subdivide, that lien will follow each individual parcel. MS. LEE LOY: Okay,perfect. Say this again because I think it's really important. Earlier in Finance, we had 149 million. And this does not. MS. SAKO: This does not because this is reimbursable debt to us. We'll be making the bond payments to make sure they get made. But because we're collecting the special taxes on the real property tax bill, it doesn't go against our debt cap, both per State law or our internal financial procedures. MS. LEE LOY: Say that one more time. It doesn't go MS. SAKO: It does not, yes. It does not go against our debt cap. MS. LEE LOY: Right. I think, on first blush, it looks like this is 149 plus another 22, and I just want to be real clear. Thanks, Deanna. Chair, I yield. CHR. DAVID: Thank you, Ms. Lee Loy. Mr. Richards, go ahead. MR. RICHARDS: Okay. Again, Deanna, for clarification: Is this a community improvement district? Page 45 Hawaii County Council-34 March 9,2022 MS. SAKO: It's a community facilities district. Similar, but a little bit different format, yes. MR. RICHARDS: Okay. And so—and we're approving $22 million, but I don't see metrics of how this will be assessed. MS. SAKO: So, it actually has special formulas that each the thing that's different about a community facilities district is, annually, they can redetermine the amount due for each parcel. MR. RICHARDS: Okay. So, the real question is, for someone who has one of these parcels, I don't want to approve something that suddenly they get this huge tax. MS. SAKO: No, I think that wasactually, the way that it would be assessed was in the previous ordinance of formation based on square footage or whatever it was. I didn't bring that down with me, but that was in an earlier ordinance as to how those taxes would be distributed. MR. RICHARDS: Okay. I just—like I said, I don't want to sign somebody up for something. I assume the guardrails are in place to make it reasonable. So, okay, I appreciate that. Thank you, Chair. I yield. CHR. DAVID: Thank you, Mr. Richards. Anyone else? Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: From those questions, this was formed via the public's want or government's want? MS. SAKO: The public. They came in to ask. It started out as an improvement district, and because it hadn't been subdivided, that wasn't working. So, we changed from Chapter 12 to Chapter 32, which is a community facilities district. And so, we have been following through each of the steps. So, there's been several resolutions and ordinances already before Council to get this process going. MR. KANEALI`I-KLEINFELDER: Thank you. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing none, all those in favor of approving Bill 136 at first reading, please say "aye." Page 46 Hawaii County Council-34 March 9,2022 Vote on Bill 136: The motion to pass Bill 136 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, and Chair David–7. Noes: None. Absent: Council Members Chung and Villegas –2. Excused: None. CHR. DAVID: Can we go back to Resolution 335-22, and may I have a motion to take that resolution off the table? Vote on Motion to Ms. Lee Loy moved to remove Res. 335-22 from the table. Remove from Table: Seconded by Mr. Kaneali`i-Kleinfelder and carried by the (Approved) following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, and Chair David–7. Noes: None. Absent: Council Members Chung and Villegas –2. Excused: None. CHR. DAVID: Now, we can proceed with discussion. Who had the last—Mr.— yeah. ast Mr.yeah. MR. KANEALI`I-KLEINFELDER: Holeka(inaudible). CHR. DAVID: Oh, Holeka. Go ahead. Mr. Inaba, go ahead. MR. INABA: Okay, thank you. Yes, I just wanted to clarify the language, and the Finance Department put forth a communication with language to amend. Sorry, Mr. Clerk, if you could just advise. I need to make amendments to the amendment. So, how should we proceed? Should we table again? I'm sorry. MR. HENRICKS: Yeah. I think it would be better, if this is not what you want, to just table. MR. INABA: Yeah. Okay. I'm going to make a motion to table, but let me point out what the problem is so you folks know. Page 47 Hawaii County Council-34 March 9,2022 Motion to Table: Mr. Inaba moved to table Res. 335-22. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead. MR. INABA: Oh, okay. Thank you. Just— MR. ustMR. HENRICKS: There's no discussion on the table. CHR. DAVID: Oh, that's right. So, withdraw your motion if you want to talk a little bit more before we table it. Right? MR. HENRICKS: It's going to be tabled. I appreciate Mr. Inaba's, you know, to try to clarify, but if it's coming back anyway, then CHR. DAVID: Okay. He'll do it, then. MR. HENRICKS: Yeah. CHR. DAVID: Okay. All those in favor of the motion to table, please say "aye." Vote on Motion to The motion to table Res. 335-22 was carried by the Table: following voice vote: (Approved) Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, and Chair David–7. Noes: None. Absent: Council Members Chung and Villegas –2. Excused: None. CHR. DAVID: Now, can we move forward to—hang on. MR. HENRICKS: We could do Bill 122, second and final reading. CHR. DAVID: Yes. Thank you. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): (Note: Items in this category were taken up previously, out of order.) Page 48 Hawaii County Council-34 March 9,2022 Bill 122: 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 Fund Balance from Previous Year account($4,940,000), and appropriates the same to the following accounts: General Excise Tax Mass Transit Salaries and Wages ($200,000) and Other Current Expenses ($4,700,000); Retirement Benefits ($15,000); and Federal Insurance Contributions Act Employer Share ($25,000). Funds would be used to cover unanticipated costs. Reference: Comm. 622 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: February 23, 2022 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 122 on second and final reading. Seconded by Mr. Inaba. (Note: At this time, Mass Transit Administrator John Andoh came forward to address the members of the Council.) CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair David. I'd like to take a second. Mr. Andoh has been waiting in our Zoom room I think the entire meeting. And I don't know if you enjoy watching these meetings or what, but, I mean, I really appreciate your patience. MR. ANDOH: Glad to be of service. MR. KANEALI`I-KLEINFELDER: Since you've been waiting, give us some background. You've got a pretty sizable bump from the Fund Balance to your GET (General Excise Tax) Mass Transit OCE(Other Current Expenses) and S&W (Salaries and Wages). What's going on? How does this help you out? MR. ANDOH: Yes, so, good afternoon, fellow Chair and Council Members. John Andoh, Mass Transit Administrator. The purpose of this action is to increase our budget to cover some of the costs associated with the implementation of the Transit and Multimodal Transportation Master Plan,particularly paying the additional contract and cost to Roberts Hawaii for adding the additional routes and services, as well as some of the overtime costs that have occurred on the County side in the oversight of Roberts as well as the maintenance of the buses, including the repair and getting many of the buses back into service. MR. KANEALI`I-KLEINFELDER: Okay. Thank you, Mr. Andoh. Chair, I don't have any further questions. Thank you. Page 49 Hawaii County Council-34 March 9,2022 CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Ms. Lee Loy, go ahead. MS. LEE LOY: Deanna, please? I'm going to be supporting this, but of course, my question is where are we on Fund Balance because it's coming out of there. And by my math—why don't you help us with the math? (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: So, this is actually a different fund. So, this is General Excise Tax Fund. And so, they do have a separate Fund Balance, and there is sufficient funds to cover. And I think, in all of the previous presentations Mr. Andoh has done, he's been very clear to say that we would have to come back to amend to be able to cover the cost of carrying out the Mass Transit Master Plan. So, this is just to put us on par with what he needs to complete the fiscal year. And then, next year's budget that was submitted on March 1st already reflects the changes for next year. MS. LEE LOY: My question, because this is a different—this is General Excise Tax Fund Balance MS. SAKO: Yes. MS. LEE LOY: What's left over there? MS. SAKO: There's still more left. I don't have it right here. But, yes, there is sufficient to cover and there's still more. MS. LEE LOY: Perfect. Thanks, Deanna. I yield. CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else? Seeing none, all those in favor of approving Bill 122 at second and final reading, please say "aye." Vote on Bill 122: The motion to pass Bill 122 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, and Chair David–7. Noes: None. Absent: Council Members Chung and Villegas –2. Excused: None. MR. ANDOH: Mahalo. Page 50 Hawaii County Council-34 March 9,2022 Bill 123: 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 —Coastal Zone Management account ($160,000), and appropriates the same to the Coastal Zone Management account. Funds would be used by the Planning Department for Phase 4 and Phase 5 of the Coastal Zone Management- Shoreline Pursuit Project. Reference: Comm. 631 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: February 23, 2022 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 123 on second and final reading. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: We had a good discussion on this already, and I like where this is headed. I have no discussion. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of approving Bill 123 at second and final reading, please say "aye." Vote on Bill 123: The motion to pass Bill 123 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, and Chair David—7. Noes: None. Absent: Council Members Chung and Villegas —2. Excused: None. CHR. DAVID: I think we're not ready to go back. MR. HENRICKS: We do have a referral for Executive Session. CHR. DAVID: Yes. Can we go to that because I think there's a request to be made? REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (Note: Items in this category were taken up previously, out of order.) Page 51 Hawaii County Council-34 March 9,2022 REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: Comm. 635: CHADWICK FUKUI; PENDING CIVIL CLAIM 421-0036 From Deputy Corporation Counsel Lerisa L. Heroldt, dated February 8, 2022, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, submitted by Jamae K. K. Kawauchi, Esquire, on behalf of her client Chadwick Fukui. CHR. DAVID: Ms. Lee Loy, please. MS. LEE LOY: Thank you, Chair. Motion to postpone Communication CHR. DAVID: Do we have to file, I mean MS. LEE LOY: Oh, we'll close MR. HENRICKS: Yeah, close file is a nice motion to lay,just as a foundation. Motion to Close Ms. Lee Loy moved to close file on Comm. 635. Seconded File: by Mr. Richards. CHR. DAVID: Now, discussion not discussion but, Ms. Lee Loy, go ahead. Vote on Motion to Ms. Lee Loy moved to postpone Comm. 635 to April 6, Postpone: 2022. Seconded by Ms. Kimball and carried by the (Approved) following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, and Chair David–7. Noes: None. Absent: Council Members Chung and Villegas –2. Excused: None. CHR. DAVID: I believe—are we ready to get back to ? MR. HENRICKS: I don't think we have the communication yet. But the Council could make a motion to remove the resolution from the table, and then Mr. Inaba could then proceed with—he wanted to make some declarations that might take some time. Take your time. CHR. DAVID: Okay. All right, somebody please, a motion. Page 52 Hawaii County Council-34 March 9,2022 Vote on Motion to Ms. Lee Loy moved to remove Res. 335-22 from the table. Remove from Table: Seconded by Mr. Inaba and carried by the following voice (Approved) vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, and Chair David–7. Noes: None. Absent: Council Members Chung and Villegas –2. Excused: None. CHR. DAVID: Go ahead, Mr. Inaba. MR. INABA: Okay, thank you. And my apologies for keeping us here further. I just wanted to make sure our language was correct. So, I pointed out initially in Resolution 335 the problem with the term 18 years. So, we would have been at 33 years, but it was supposed to be, I think, 18 years total. And the Finance Department prepared an amendment, which was Communication No. 657.1. And in Section 1 of this amendment, it reads, "authorizing the Director of Finance to negotiate a three-year lease with options of real property," comma. That's not a thing. So, I pointed it out to—well, we are negotiating a lease for real property but not with options of real property. Afterwards, I pointed that out to Corporation Counsel and she did agree. So, the Finance Department, I believe, is working on an amendment to further clarify that language that would be negotiating a three-year lease of real property, and with option terms for that portion. And that's kind of where we are. And my apologies. I mean, I think everyone is in support of what's happening here in the work of HOPE Services and a realistic timeframe, and we know it's a good deal. So,just making sure that we have all of our language correct. And I think that's the most, I think, hairiest at this time. CHR. DAVID: Thank you, Mr. Inaba. Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Thank you very much, Chair, for acknowledging my red light over here. I really do appreciate that, and I really do appreciate MR. HENRICKS: We could go on to a recess if you want to wait for the amendment. MR. KANEALI`I-KLEINFELDER: I wanted to say I appreciate Mr. Inaba reading it through and actually catching that mistake. It did come through my Committee, and I apologize for my miss. And thank you, Deanna, for having staff work on an amendment so quickly. I appreciate it. I yield. Page 53 Hawaii County Council-34 March 9,2022 CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Mr. Inaba again. Go ahead. MR. INABA: I'm sorry. One more comment. I wanted to apologize. I know it's our prerogative to correct things here on the floor. But it would be better if we could catch it ahead of time, and I just didn't have that opportunity or I would have had this prepared. So, with that— MR. hatMR. HENRICKS: As we're making acknowledgements, this was brought to my attention that there appeared to be some inconsistencies in the language. Because, we do check these things prior. We all make a team effort to look through things collaboratively; we find different things. And it slipped past and that's partially my fault. So, we can all enjoy this time together thanks to many of us. CHR. DAVID: Right. And we're all human. We make mistakes. Okay, let's take a short recess, then. MR. HENRICKS: (Inaudible) 3:45. CHR. DAVID: 3:45. Ten minutes. Okay, thank you. Perfect. We're in recess till 3:45. Recess: At 3:36 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 3:49 p.m. CHR. DAVID: Mr. Inaba. MR. INABA: Thank you. We are, for the record, on Resolution 335-22. Motion to Amend: Mr. Inaba moved to amend Res. 335-22 with the contents of Comm. 657.2. Seconded by Ms. Kierkiewicz. CHR. DAVID: Mr. Inaba, go ahead. MR. INABA: Thank you. Again, this is just to correct the language from 18 years to a three-year lease, which is what the intention and the purpose of this resolution was. So, I ask for your support on this amendment. CHR. DAVID: Thank you very much. And anyone else? MS. KIERKIEWICZ: Chair, I just want to be crystal clear. CHR. DAVID: Go ahead. Yes. Page 54 Hawaii County Council-34 March 9,2022 MS. KIERKIEWICZ: So, total years that we're looking at is 18, but it's coming in chunks. The first is three years: 2019-2022. And then, option for three five- years. So, 3 plus 15 is 18. Thank you. I'm getting a lot of thumbs-up. We got it right. Thank you, all, for your work on this. I'll be supporting the amendment. Thank you. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else on the amendment? Seeing none, all those in favor of approving the amendment to Resolution 335-22 with the contents of Communication 657.2,please say "aye." Vote on Motion to The motion to amend Res. 335-22 with the contents of Amend: Comm. 657.2 was carried by the following voice vote: (Approved) Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Chair David—6. Noes: None. Absent: Council Members Chung, Kimball, and Villegas —3. Excused: None. CHR. DAVID: Thank you, Mr. Clerk. We're back to the main motion. MR. HENRICKS: We would need a motion to suspend the Rules to proceed. CHR. DAVID: To proceed, yes, go ahead. Vote on Motion to Ms. Lee Loy moved to suspend Council Rule 24 to waive Suspend Council the holdover for the substantive amendment of Rules: Res. 335-22. Seconded by Ms. Kierkiewicz and carried by (Approved) the following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Chair David—6. Noes: None. Absent: Council Members Chung, Kimball, and Villegas —3. Excused: None. CHR. DAVID: Okay. Now, back to the main motion, as amended. Any discussion, Council Members? Seeing none, all those in favor of approving Resolution 335-22, as amended with the contents of Communication 657.2,please say "aye." Page 55 Hawaii County Council-34 March 9,2022 Vote on Res. 335-22: The motion to adopt Res. 335-22, as amended to Draft 2, Draft 2 was carried by the following voice vote: (Adopted) Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Chair David—6. Noes: None. Absent: Council Members Chung, Kimball, and Villegas —3. Excused: None. OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There were none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. CHR. DAVID: I believe that brings us to the end of our agenda. ADJOURN- There being no further business, at 3:52 p.m., Mr. Inaba moved to adjourn the MENT: meeting. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Richards, and Chair David—6. Noes: None. Absent: Council Members Chung, Kimball, and Villegas —3. Excused: None. CHR. DAVID: We are adjourned at 4:51. MR. HENRICKS: 3:52. CHR. DAVID: Oh, what? MR. HENRICKS: 3:52. CHR. DAVID: Oh, I'm sorry. 3:52. Look at that clock. It looks like 4 MR. HENRICKS: We're going to get rid of that clock. Page 56 Hawai i County Council-34 March 9, 2022 CHR. DAVID: Yeah, get rid of that clock. It's 3:52. Thank you. And we're . adjourned. Council Approval: APR ® 6 2022 CO JH/dg Page 57