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HomeMy WebLinkAboutMIN COUNCIL 2022-04-20 2020-2022 Hawaii County Council 371h Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii April 20, 2022 INVOCATION: Senior Pastor Sunny Ahn of Kona United Methodist Church gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:00 a.m., in the Council Chambers, Kailua-Kona, by Ms. Maile Medeiros David, Chair. ROLL CALL: Present: Ms. Maile Medeiros David, Chair Mr. Aaron S. Y. Chung, Vice Chair Mr. Holeka Goro Inaba, Member Mr. Matt Kaneali`i-Kleinfelder, Member (via videoconference from Hilo) Ms. Ashley L. Kierkiewicz, Member Ms. Heather L. Kimball, Member Ms. Susan L. K. Lee Loy, Member Mr. Herbert M. "Tim" Richards, III, Member(came in later) Ms. Rebecca Villegas, Member (came in later) PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, County Clerk Jon Henricks led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions, MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (Note: At this time, Ms. Kimball presented a Certificate of Merit to Zonta Club of EXPRESSIONS OF Hilo for its commitment and work to promote the observance of International CONDOLENCE: Denim Day during Sexual Assault Awareness Month. In recognition of National Volunteer Week, Ms. Kierkiewicz presented Certificates of Merit to Waiwai Ola and Kanu Hawaii for their malama `aina initiatives at our parks and beaches, and to preserve water sources.) Recess: At 9:15 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:16 a.m. Hawaii County Council-37 April 20,2022 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 individual registered to speak and came forward when called by the Chair: Dean Fukuchi: Res. 363-22 (Comm. 708), in support; Res. 379-22 (Comm. 740), comment; and Res. 380-22 (Comm. 741), comment. APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Vote on Approval Ms. Lee Loy moved to approve the Minutes of March 23, of Minutes: 2022. Seconded by Mr. Richards and carried by the (Approved) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. CHR. DAVID: Mr. Kaneali`i-Kleinfelder, if you need to say anything,please shout out, okay. MR. KANEALI`I-KLEINFELDER: Mahalo, Chair. CHR. DAVID: Thank you. Yes, go ahead. Thank you. Let's do those reports, then. 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: FC-127 NOMINATION OF CHANTEE SHIROMA TO THE COST OF (Comm. 693): GOVERNMENT COMMISSION Requires Council Confirmation by: April 30, 2022 (Section 13-4(k), Hawaii County Charter) Page 2 Hawaii County Council-37 April 20,2022 Vote on FC-127: Ms. Lee Loy moved to adopt Finance Committee Report (Adopted) No. 127. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. RAWEEMC-13 NOMINATION OF PONO KEKELA TO THE WATER BOARD (Comm. 694): Requires Council Confirmation by: April 30, 2022 (Section 13-4(k), Hawaii County Charter) Vote on Ms. Lee Loy moved to adopt Regenerative Agriculture, RAWEEMC-13: Water, Energy and Environmental Management Committee (Adopted) Report No. 13. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. CHR. DAVID: We can go back to the top of the agenda, please. Return to Order The Chair directed the Council to return to the order of business. of Business: ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Page 3 Hawaii County Council-37 April 20,2022 Res. 357-22: AUTHORIZES THE ACCEPTANCE OF A DONATION OF THE DESIGN AND DEVELOPMENT OF "PHASE 1" OF THE COUNTY OF HAWAII MOBILE APPLICATION NAMED KAHEA, TO THE DEPARTMENT OF INFORMATION TECHNOLOGY The donation from Duane Kurisu and the AIO Family of Companies, valued at approximately $45,000, would allow for the development of a modernized communication system to promote increased transparency. Reference: Comm. 700 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-128 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 357-22 and Finance Committee Report No. 128. Seconded by Mr. Richards. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Thank you very much, Chair. We do have the Director of Information and Technology here—Mr. Scott Uehara. I believe there was aI want to discuss this, although we moved it forward from Committees, to discuss this with the IT (Information Technology) Director to understand the app (application) and maybe give us some more details. So, if you could, sir. (Note: At this time, Information Technology Director Scott Uehara came forward to address the members of the Council.) MR. UEHARA: Good morning, everyone. CHR. DAVID: Good morning. MR. UEHARA: Scott Uehara, Director of Information Technology. Ready to answer any questions about the Kahea app. MR. KANEALII-KLEINFELDER: I'm going to go ahead and yield, Chair, for the other Council Members, but I look forward to the discussion. Thank you. CHR. DAVID: Thank you. Council Members, any questions for Director Uehara? We have none on this side, Mr. Kaneali`i-Kleinfelder. Oh, hang on a second. Mr. Inaba. MR. INABA: Yes, thank you. I actually have a question for—well, I guess it's for either you or Cyrus, Director. In Committees, we just wanted to know to what extent we're going to be funneling all of our communications through this app. Page 4 Hawaii County Council-37 April 20,2022 So, right now we're using Everbridge, I believe it's called. How are we going to transition over, and will all of those different agencies be putting their information through this app? MR. UEHARA: Thank you for the question. I was going to call up Cyrus to help with this. (Note: At this time, Public Relations Specialist Cyrus Johnasen, Office of the Mayor, came forward to address the members of the Council.) MR. JOHNASEN: Aloha, Council Members. Yeah, so, the transition between Everbridge and Kahea, it's probably going to take a little bit of time. We're definitely in contract with Everbridge, my understanding through HPD (Hawai`i Police Department), as well as Civil Defense. But as we transition, the idea is that we're going to completely move away from Everbridge over time, allowing for Kahea to be the primary information holder. MR. INABA: Thank you. And do we know how long the contract is right now with HPD for Everbridge? MR. JOHNASEN: I do not, Council Member. MR. INABA: Okay. And let's see, the name Kahea comes from where? Sorry. MR. JOHNASEN: I chose it. It's call to action to all of our residents to become informed, and to reach out from the County to them. MR. INABA: Okay. And then, who else in the Administration will be helping with using this app? Is there anybody on the Civil Service side to ensure that we have continuity of the use of this app the whole time? MR. JOHNASEN: Yeah, Council Member. So, right now, we have the primary information that will be coming out is through Civil Defense, through DPW (Department of Public Works), and through DEM (Department of Environmental Management) because we felt those were the primary departments that generally have a lot of backlash for poor communication. And so, Asia Wasser is helping Sherise Kanae-Kane, and then Peter Sur. MR. INABA: Mahalo for these answers and for being here today. Chair, I yield. CHR. DAVID: Thank you, Mr. Inaba. Anyone else on this side? Ms. Kierkiewicz, go ahead. Page 5 Hawaii County Council-37 April 20,2022 MS. KIERKIEWICZ: Thank you, Chair. Mahalo nui, Cyrus, for being here and for sharing a little bit more with this body. Just can you provide us with a timeframe for when we can, as Council Members, expect to be testing out this app before it's fully launched? MR. JOHNASEN: I will send you the link as soon as this meeting is pau. MS. KIERKIEWICZ: Okay. Please send to everybody on the dais. I think everybody would appreciate the opportunity to see what it is about, but also to provide some, I think, constructive feedback. MR. JOHNASEN: Absolutely. Clerk and all. MS. KIERKIEWICZ: Thank you. Mahalo, Chair. I yield. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else here in Kona? Going back to you, Mr. Kaneali`i-Kleinfelder, if you have any other questions. MR. KANEALI`I-KLEINFELDER: No discussion, Chair. Thank you. Thank you for being here this morning, gentlemen. CHR. DAVID: Thank you. All right, seeing no other discussion, all those in favor of approving Resolution 357-22, please say "aye." Vote on Res. 357-22: The motion to adopt Res. 357-22 and Finance Committee (Adopted) Report No. 128 was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 358-22: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Federally-derived funds of$4,462,000 would be used to support projects related to the mitigation of natural disasters and other hazards defined in the 2020 Multi- Hazard Mitigation Plan. Reference: Comm. 701 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-129 Page 6 Hawaii County Council-37 April 20,2022 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 358-22 and Finance Committee Report No. 129. Seconded by Mr. Inaba. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Thank you, Chair. We had a good discussion at Committee level, and I feel comfortable moving this forward. Thank you for the discussion. I yield. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of approving Resolution 358-22, please say "aye." Vote on Res. 358-22: The motion to adopt Res. 358-22 and Finance Committee (Adopted) Report No. 129 was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 359-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LICENSE AGREEMENT OF REAL PROPERTY FOR THE COUNTY OF HAWAII DEPARTMENT OF PARKS AND RECREATION WITH THE ST. JUDE'S EPISCOPAL CHURCH LOCATED AT 92-8606 PARADISE CIRCLE, HAWAIIAN OCEAN VIEW ESTATES, IN KA`U, HAWAII Authorizes the Mayor to enter into a three-year license agreement with an approximate monthly cost of$475 to support Elderly Activity programs and Nutrition Congregate Meal programs. Reference: Comm. 702 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-130 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 359-22 and Finance Committee Report No. 130. Seconded by Mr. Inaba. CHR. DAVID: Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Again, good discussion at Committee level. I look forward to everyone's support. Page 7 Hawaii County Council-37 April 20,2022 CHR. DAVID: Thank you. Any other discussion here? Seeing none, all those in favor of approving Resolution 359-22, please say "aye." Vote on Res. 359-22: The motion to adopt Res. 359-22 and Finance Committee (Adopted) Report No. 130 was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 360-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF REAL PROPERTY FOR THE COUNTY OF HAWAII DEPARTMENT OF PARKS AND RECREATION IDENTIFIED AS TAX MAP KEY: 9-5-014-060, IN KA`U, HAWAII Authorizes the Mayor to enter into a ten-year agreement with Hamakua Land and Cattle, LLC, with an approximate annual cost of$61,948, to provide access to parking, permitted camping, picnicking, and community events at Whittington Beach Park. Reference: Comm. 703 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-131 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 360-22 and Finance Committee Report No. 131. Seconded by Mr. Richards. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: No discussion, Chair. We had discussion in Committee. Thank you. CHR. DAVID: Thank you. Seeing no other discussion here, all those in favor of approving Resolution 360-22, please say "aye." Page 8 Hawaii County Council-37 April 20,2022 Vote on Res. 360-22: The motion to adopt Res. 360-22 and Finance Committee (Adopted) Report No. 131 was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 361-22: AUTHORIZES THE DIRECTOR OF FINANCE TO NEGOTIATE A MULTI-YEAR LEASE OF REAL PROPERTY, OLD WAIMEA TAX OFFICE, SITUATED AT WAIMEA, SOUTH KOHALA, COUNTY AND STATE OF HAWAII, IDENTIFIED AS TAX MAP KEY: 6-7-002:025, TO THE WAIMEA PRESERVATION ASSOCIATION Authorizes the negotiation of a lease to allow the Waimea Preservation Association to use the property as a historical resource center. Reference: Comm. 704 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-132 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 361-22 and Finance Committee Report No. 132. Seconded by Mr. Richards. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: We had a good discussion in Committees. I wanted to thank my Council Aide Amanda for doing all these amazingly detailed reports. And I just wanted to say that. Yeah, thank you. I yield. CHR. DAVID: Thank you. Anyone else? Seeing none on this end, all those in favor of approving Resolution 361-22, please say "aye." Vote on Res. 361-22: The motion to adopt Res. 361-22 and Finance Committee (Adopted) Report No. 132 was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 9 Hawaii County Council-37 April 20,2022 Res. 363-22: AUTHORIZES A DECREASE IN THE COUNTY OF HAWAII FUEL TAX Reduces the County of Hawaii fuel tax for diesel on-highway and gasoline on- highway fuels from 23 cents per gallon to 13 cents per gallon. Reference: Comm. 708 Intr. by: Mr. Kaneali`i-Kleinfelder Negative: FC-133 (Due to a vote of 3-ayes, 5-noes, 1-absent) Public Hearing: April 19, 2022 (Note: Comm. 708.4, from Council Member Matt Kaneali`i-Kleinfelder dated April 20, 2022, transmitting proposed amendments to Res. 363-22, was circulated.) Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 363-22. Seconded by Mr. Inaba. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Thank you very much, Chair. And I want to take a minute to recognize the testifiers who showed up at the public hearing that we held yesterday. I do appreciate the concerns, both positive and negative, regarding the resolution. We do have Ms. Sako here in the Hilo chambers. If I could, I'll just give a brief summary of what we've kind of come to, to date. Yesterday was a realistic reminder that while some may consider the decrease manini, for many local families, folks who commute across island, local businesses, a 10 cents-a-gallon decrease is going to be a lifeboat for them. And I think that's important to remember. From discussion we had in our previous hearing, the Highway Fund is maintaining a carryover fund balance, which means that's been accumulating close to $20 million. The projected decrease in revenue is acceptable, given the County's, call it a fund balance, but it's also leading to we haven't been spending down the funding that we're allocating. Couple that with the unexpected windfall in tax revenue in our current fiscal year, this is not going to lead to an infrastructure decline which has been stated. Inflation is about 8.5 percent right now, and this is driving larger-than-expected revenue at both the State and the County levels. With revenue above projections, the idea that government can't provide relief through decrease in a tax like this at this time is unconscionable. The reality is this: It was stated that the County has a surplus in tax revenue in the Highway Fund. We've been unable to spend down the funds in full for years. The County can cover the revenue loss with carryover funds as well as under-projected revenue. Simply put, the County can provide the relief and has been overtaxing our residents. That's my statement. Ms. Chair, I look forward to other comments from the Council Members, if any. Page 10 Hawaii County Council-37 April 20,2022 CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. You said Ms. Sako was in the room. MR. KANEALI`I-KLEINFELDER: Correct. She is here. CHR. DAVID: Okay, Council Members, anyone wants to weigh in on this one? Mr. Richards, go ahead. MR. RICHARDS: Thank you. Can we have Deanna come up,please? (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: Good morning. MR. RICHARDS: Deanna, thanks so much for being here. Can you just weigh in? The comment was made: "projected that the amount of$7.5 million reduction in our collections for the fuel tax." Is that accurate? MS. SAKO: Yeah. I think that's pretty close to what it would be. Obviously, it's going to depend on volume of fuel purchased. We can't control that. But based on current year, I think that's a pretty good estimate that we're working with. MR. RICHARDS: Okay, thank you. And then, concerning the statement about the fund balance coming forward from the fuel tax, do you have an explanation as to why we have not been expending those funds to this point? MS. SAKO: I think it would be better for DPW to answer. But as you know, we did come forward earlier this year to amend Fund Balance, that with some of the supply-chain issues and the costs going up, we weren't able to get some of the equipment we needed last year. So, we did have to rebid that out and purchase it this year, in addition to just COVID (coronavirus disease) and some of the issues we were having. But I believe they are back on track and paving and spending island-wide, as we can get the correct materials. MR. RICHARDS: Okay, thank you, Deanna. We have Director Rodenhurst in the Kona chambers, so we'll shift over and ask him the same question. MS. SAKO: Okay. Point of MR. KANEALI`I-KLEINFELDER: Chair, a point of clarification, if I could. Clarification: CHR. DAVID: What's your point, Mr. Kaneali`i-Kleinfelder? MR. KANEALI`I-KLEINFELDER: The statement that$7.5 million is what we're looking at would be an estimate of how long of a period? Page 11 Hawaii County Council-37 April 20,2022 MS. SAKO: Sorry. One year. MR. KANEALI`I-KLEINFELDER: One year. MS. SAKO: One year, yes. MR. KANEALI`I-KLEINFELDER: So, if we decrease revenues by 10 cents a gallon, one year, a total year, of revenue loss would be 7.5 million. MS. SAKO: Correct. MR. KANEALI`I-KLEINFELDER: Thank you. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Go ahead, Mr. Richards. MR. RICHARDS: Yeah, okay. Director Rodenhurst, thank you. Same question. (Note: At this time, Public Works Director Steven Rodenhurst came forward to address the members of the Council.) MR. RODENHURST: Could you repeat the question one more time for me, please? MR. RICHARDS: We have a fund balance coming forward concerning fuel tax. What is the explanation for not expending those funds to this point? MR. RODENHURST: And I apologize. Director Rodenhurst, DPW. So, for our fund balance, there's a couple factors that go into it, as mentioned: equipment that have been delayed either due to supply chain or prices coming in greater than anticipated, as well as operations; taking into account emergencies and being available for those emergencies. That's where part of this goes to in our Traffic and Highways Division. Our operations and availability for emergencies as well. So, that's part of that fund balance. MR. RICHARDS: Okay, thank you. And going forward, as we're looking to, for instance, STIP (Statewide Transportation Improvement Program)paving it all, our contribution, the County portion, which is typically 20 percent of the funding coming forth, how important is the funding for us and how shovel-ready are we for those STIP projects? MR. RODENHURST: Yeah, so, when we have shovel-ready STIP projects, we want to make sure that we're ready to go forward. We do have to get the blessing from the State on that to obligate those for the Federal Highways funds. When those are ready, we have to have the match that the County, that 20 percent. So, Page 12 Hawaii County Council-37 April 20,2022 for about, I would say, about 7.5 million could be a big project. Could be something along the lines of Hinalani or Waikoloa Road, two projects we have shovel-ready that could potentially use that amount of money. MR. RICHARDS: Okay, thank you. So, I appreciate both Directors for input on that. Conceptually, I do not disagree with reduction of taxes. In fact, on this fuel tax, I did not vote for it when it came forward. But things have shifted since then and I spoke against the reduction of the fuel tax. My opinion has not changed. We have an opportunity before us to take care of some of the roads, and it's going to take that matching fund. And my concern is if we reduce the fuel tax, we will impact our ability to obligate these State, which I guess are Federal funding as well, thereby reducing our ability to maintain the roads. Our roads are in bad shape, and we are getting more back on track to handle this. So, though I appreciate the efforts of Mr. Kaneali`i-Kleinfelder in recognizing how we might be able to help, the problem is we put in $1 and we get$4 added to that. For instance, the Waikoloa Road, that's a$50 million project. County's obligation is 10 million. We'll get another 40 million from the State. I'm concerned if we cut short, we will not have that funding available. So, we'll lose on a grand scale. So for that reason, I am more interested in taking care of getting these roads back in shape because our roads are in bad shape. I will not be supporting this tax reduction. Chair, I yield. CHR. DAVID: Thank you, Mr. Richards. Anyone else? Ms. Kimball, go ahead. MS. KIMBALL: Thank you, Chair. And thank you, Director Rodenhurst, for sharing with us the estimation of road miles per district that are classified in poor condition, based on your current analysis. I know you've shared these metrics with us before, but please remind us how many road miles are you guys able to resurface on an annual basis? MR. RODENHURST: So, our goal is to resurface 25 road miles within the County on an annual basis. MS. KIMBALL: And then what is the cost, approximately? And I know this is a huge generalization because it's a pretty (inaudible) response is different. MR. RODENHURST: The approximate cost is about 500,000 per road mile. MS. KIMBALL: Okay. So, for the members of the public, the total number that are estimated in poor condition across the County is about 250 miles, classified as poor. Of those, a third of them are in District 1. And I share Council Member Richards' concern about this particular time and place. There's a lot of revenue to be leveraged for State and Federal funding. And just with the sheer volume of roadways in poor condition in District 1, in addition to the particular Page 13 Hawaii County Council-37 April 20,2022 crisis at Waipi`o Valley Road, which in part some of those repairs may be funded out of this fund, I can't support this at this time, particularly since there's not a sunset date. Given from Council Member David's history and others who were on the Council when this was first approved, that apparently was a very difficult slog. And so, I'm concerned that the political will at the time where we might want to repeal this reduction may not be there, and so, it might be something that is permanent. So, that was my concern from the beginning, that even if we were to consider it without a sunset date, there's too much uncertainty around the willingness to reinstate that. So, that's my position, Chair. Thank you. I yield. CHR. DAVID: Thank you, Ms. Kimball. Anyone else? MS. KIERKIEWICZ: Chair? CHR. DAVID: Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you. My position hasn't changed from Committee. I'm in full agreement with my colleagues—Council Members Kimball and Richards—in the ability for us to be leveraging these dollars to do more. And I certainly do not want to be hamstringing the ability of County Public Works to get these important road projects done. With our investment in more grant writers within R&D (Research and Development), I see our ability to go after a lot of Federal funding. And why that's important, I was listening to HPR (Hawai`i Public Radio) this morning and they talked about how a number of rural communities do not have capacity to write grants. So, money is out there but staffing capacity to write those applications and submit them are pretty low. And so, our investment in the grant writers will allow us to just capture so much more Federal money and get these really important and critical projects done. So, I can't be supporting this resolution at this time. Thank you, Chair. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else here in Kona? Ms. Lee Loy, go ahead. MS. LEE LOY: Thank you, Chair. Like the rest of my colleagues, I'm not going to be supporting this for much of what was stated. But I was asked to comment on dialing back the fuel tax. And what I actually highlighted was something that Mass Transit has done, which is provide free bus service. There are other safety nets out there that are being provided for our community to start using mass transit, which is where we can get a lot of other Federal dollars. In addition to that, I received an email from a constituent who actually took a very different approach about fuel tax. And that if we actually dial back fuel tax and Page 14 Hawaii County Council-37 April 20,2022 make gas cheaper, people will be putting more gas in their cars, driving around, which actually affects climate change. And so, it was really interesting to take that lens and understand that approach, that if we make it cheaper we're actually hurting the environment more than actually keeping the fuel tax at its pace now. And actually, that suggestion was to raise it even higher so that people would get off of fuel cars and get on to more fuel-efficient cars. And so, I really did appreciate the exercise because I actually heard very different solutions out there emerge. And I think we're headed in the right direction. We need to get our roads paved. We have a mass transit system that actually is really getting on its feet, up and running, and indirectly making adjustments to climate change. I'm not going to be supporting this. I think we're headed in the right direction. Thanks, Chair. I yield. CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else? Mr. Richards, go ahead. MR. RICHARDS: Yeah, a quick follow up to this statement. And this is something that we've been working on this for so long that I think we sometimes forget the details of what we're talking about. Under ARPA (American Rescue Plan Act) rules, the funding, we're not allowed to replace an income stream with some of that funding. That violates the Federal Treasury rules. And it could be termed—Director Sako doesn't like this word but she's accurate—supplanting income. And so, that could jeopardize the funding that we received under ARPA, which we'd then have to pay back. And so, though I understand and fully appreciate the intent, the consequences of doing this could be very problematic for the County. I just wanted to put that out there to remind us all. Chair, I yield. CHR. DAVID: Thank you, Mr. Richards. Anyone else? Mr. Inaba, go ahead. MR. INABA: Thank you. Director Rodenhurst, how much are we currently spending a year on paving? MR. RODENHURST: I'll have to get you that exact number. I don't have it in front of me right now. MR. INABA: Okay. And then, are there plans or is there capacity to increase the annual paving amount above 25 miles per year? MR. RODENHURST: Yes, our goal is to reduce the paving cycle from a 50-year cycle down to a 35-year cycle and keep progressing forward from there. Part of that process that makes it difficult—and it's similar to this concern right now—for the fuel cost is the fact that the oil that goes into the road, the asphalt material, it's going to get raised up as well when fuel prices go up. We haven't seen that Page 15 Hawaii County Council-37 April 20,2022 happen yet. We don't have projections from the material suppliers yet but it's a possibility, considering the fact that the oil price is going up. And so regardless of the fuel tax, we anticipate those prices to go up in the coming year. MR. INABA: We're at 25 miles per year right now. If you had to give an estimate, say, three years down the road from now, what would be your goal as Director of the department to have a certain number of miles? Or what is the increase we're hoping to have as a department in terms of(inaudible) miles we're going to pave? MR. RODENHURST: I'm going to have to get back to you on the specifics of that, but I would like to increase that somewhere upwards of 30 miles a year, at least. And that takes into account the fact there's an increased paving cost as well as the availability of our folks to get out there and get these paving projects completed. And like was mentioned before, we discussed this already, yeah, those four limiting factors: labor, equipment, material, and weather. MR. INABA: And do we have an idea or a projection of the number of miles that we anticipate will be added to the poor condition each year because we're at, like Council Member Kimball said, about 250 miles across the island? So, while we are hoping to address those miles, we're only going to get to 25 a year. And how many are we expected to add to this count every year based on the models we use right now on the system data? MR. RODENHURST: So, we'd have to take a look at some of these trends here. We do have a new data set coming up. We get data from the State, from DOT (Department of Transportation), from their assessment. They assess some of our roads as they fall on the STIP list, and we also have our assessment. I believe it's a four-year cycle for us. So, when those roads come up, we're able to see how those deteriorations are, but also where we're, like I mentioned, in the data provided, where we've paved and where we've addressed the road. There are some different methods that are provided to us. But we're looking into that maybe allow us to stretch that further, some of the roads that aren't as significantly damaged under the poor. Maybe the fair, can we do some intermediate fixes to prevent them from getting to that poor grade and save some cost on those? So, those are things we're looking into. As far as the specifics, right now here today, I don't have a number where we're looking at degradation. MR. INABA: Okay. My concerns from the last meeting still stand, that I think we really need to make sure these funds are being used, understanding those four holdups that we might experience that prevent us from carrying out a project. At the same time, the concern here for me is say we do start making those advances, right, that you're hoping the department can carry out, and then we have no sunset Page 16 Hawaii County Council-37 April 20,2022 on this resolution. So, I don't know. It's a difficult one because I would like to see our capacity increase, and if we cut the funding for that potential. But at the same time, if we don't cut the funding then pressure is on. MR. RODENHURST: If I may add. Regardless of this, the more the road is used, the more it degrades. And that's just a fact. The more it's heavily used where you have trucksI mean, this is one of the concerns of Waikoloa Road, is since we have bridges down along the Hamakua Coast, a lot of the heavier trucks that would normally go that route now have to go through heavier routes to get access to Kawaihae and other places. That impacts our roads more severely, especially our heavily traveled roads where we see more traffic go on them, as we see more cars on the road. We definitely experience accelerated degradation based upon that. MR. INABA: Okay. With that, I'm not going to support this today. But I do hope that in the next years we're going to increase the number of miles we're paving leverage this funding, as my colleagues have pointed out. Yeah. Thank you. CHR. DAVID: Thank you, Mr. Inaba. Anyone else? Ms. Villegas, go ahead. MS. VILLEGAS: Sure. First off, I want to start off just sending my aloha to Matt Kaneali`i-Kleinfelder and acknowledging the intention of this bill and the process and all of the effort that it took to get it this far. I think, last night, hearing public testimony was helpful. It's been interesting for myself, the different testimony from different organizations and groups of people. I appreciate what Ms. Lee Loy mentioned as far as climate change and global warming and the ironies around gas and gas prices and gas consumption. And now with the war, we're really at kind of an ironic tipping point by all of the different issues being brought forward. But first and foremost, I mahalo Mr. Kaneali`i-Kleinfelder. I had seen in the news that other municipalities were adopting and bringing forth types of legislation like this. And the intention is to ease the burden on our people. The intention is to, as Council Members, provide some kind of relief for many of the challenges we're facing. And I firmly appreciate that, Mr. Kaneali`i-Kleinfelder. The challenge right now is kind of all of the ironic connections that connect. Connections that connect, hmm. Wow, I'm good today. But, as Mr. Inaba said, it's a challenging one because everything is connected, and balancing the pros and cons and the harm versus doing good. But I do appreciate the conversation and highlighting what the status of our roads are and what are the resources that have been available that aren't being utilized, and how do we light a fire,per say, under DPW to ensure that those things happen, regardless of mitigating circumstances. Page 17 Hawaii County Council-37 April 20,2022 So, myself, I'm afraid I'm going to err on the side of caution with not supporting this legislation today. My hope is that constituents who were in support of this understand the double-edged sword that it brings forth, and are able to see their way through to the other side of providing services that are necessary as County government, and the need for those resources to be able to do so. In all honesty, I drive an SUV(sport utility vehicle). I drive a 4Runner and I've always drivenI'm a bigger person so bigger cars. But the desire and the humble admission that I have work to do in driving a vehicle that consumes less gas and is more energy efficient, and hopefully it will become an electric vehicle and how do I get my house off-grid and all on solar. So, these conversations are pivotal and hopefully inspiring for each one of us to take personal responsibility in improving the way that we interact with our community, and reducing the impact that we have on the resources, which are limited. So, thank you for being here, Mr. Rodenhurst. Thank you again, Mr. Kaneali`i-Kleinfelder. And with that, I yield. CHR. DAVID: Thank you, Ms. Villegas. Anyone else on this side before I go to—any comments, Mr. Kaneali`i-Kleinfelder, before I close? MR. KANEALI`I-KLEINFELDER: Yes,please. Thank you. CHR. DAVID: Thank you. MR. KANEALI`I-KLEINFELDER: Okay. Ms. Sako, what Federal or State projects in Hawaii County are slated for '22-'23? And if not for you, then for Mr. Rodenhurst. MS. SAKO: He probably has a better idea, especially on the roads projects. They keep the STIP list with the State. MR. KANEALI`I-KLEINFELDER: Okay. Mr. Rodenhurst, if you could? And what I'm looking for is that dollar amount that's needed for these projects. You stated two, but if you could, what is the list? MR. RODENHURST: We can see the complete list. Three projects that come to mind right now are waiting on obligation for Hinalani, Waikoloa Road, and finally we're working on Kilauea and Keawe in Hilo. MR. KANEALI`I-KLEINFELDER: Okay. And those require a County match from the Highway Fund. MR. RODENHURST: Correct. MR. KANEALI`I-KLEINFELDER: And in what stage are these projects? Study phase? EIS (Environmental Impact Statement)? Construction? Page 18 Hawaii County Council-37 April 20,2022 MR. RODENHURST: The first two are shovel-ready. Once we get obligated by the State to use those Federal funds, we can move forward with that and get those projects out to bid. As far as the Kilauea-Keawe, I have to follow up on that one. That's in a stage of design right now. MR. KANEALI`I-KLEINFELDER: Okay. Obviously, design phase is much less expensive than the construction phase. Do you have a dollar amount? MR. RODENHURST: A dollar amount for the Kilauea-Keawe or the ? MR. KANEALI`I-KLEINFELDER: For any of the projects that you're saying the Highway Fund is going to be needed for this coming fiscal year. MR. RODENHURST: I know for Waikoloa Road, as mentioned, it could potentially cost up to 50 million, but we're working on MR. KANEALI`I-KLEINFELDER: Sorry. This is for the County match, or this is the total cost? MR. RODENHURST: Are you talking about—well, that's the question, yeah. Which one would you like? MR. KANEALI`I-KLEINFELDER: I mean, you said $50 million. What is the County match required for the project? MR. RODENHURST: That would be approximately 10 million for the 50 million project. MR. KANEALI`I-KLEINFELDER: Okay. And Hinalani? MR. RODENHURST: Hinalani, I'll have to get back on that one. I don't have it in front of my mind right now. I'll have to get you the numbers on that. MR. KANEALI`I-KLEINFELDER: And Kilauea? MR. RODENHURST: And again, same with that one as well. MR. KANEALI`I-KLEINFELDER: Okay. So, we're missing some data, then. Because if this really is driving the big "no"from Department of Public Works, it'd be good to know these numbers. Thank you, Mr. Rodenhurst. Deanna, real quick. County budgets—government budgets work in a different way than normal budgets—like your average household budget. When we look at revenues, we project out for the year. Correct? MS. SAKO: Yes. Page 19 Hawaii County Council-37 April 20,2022 MR. KANEALI`I-KLEINFELDER: Okay. So, what were our projections? What I'm getting at is if we're over or we're under, but what were the projections for fuel tax revenue and for GE (General Excise)revenue? Where do we stand with those projections, versus what's coming in? MS. SAKO: We did go conservative, I think, the last two years, which would include the current year we're in and the prior year. And so, for the current year, I think we are a little bit over what we anticipated. MR. KANEALI`I-KLEINFELDER: Okay. And "little bit"meaning? MS. SAKO: A few million, like one or two. I'm not positive on that. Sorry. I should've thought, too, about that before I came downstairs. But it is one of those things where we estimated that with the decline in tourism, it would have a larger decline in the fuel tax revenue, which we did not experience. So, we had a decline but not as much as we thought we would. MR. KANEALI`I-KLEINFELDER: And that's what I'm seeing, too, is we had a fairly robust economy, given COVID; tourism increasing. We project out for the year. We say we're expecting this much revenue,but in reality more revenue came in than expected. And I think, on the back side of that, too, driving this decision to decrease fuel tax was we underspent what we considered we were going to spend. It's actually both sides play in favor of a decrease being an option. MS. SAKO: Right. That's how the fund balance was created. MR. KANEALI`I-KLEINFELDER: Exactly. Okay. So, that's what I'm getting at. Okay. So,just from those two statements—and the State is sitting on, what, a billion-dollar surplus right now. Correct? MS. SAKO: Yes. MR. KANEALI`I-KLEINFELDER: Yes. Okay. From all that put together, and I'm just looking at the state of our budget, I really do implore this Council to consider what was just said. We underestimated our revenue and we're over projections right now. We underspent what we allotted. And from 2016 to present, we have been accumulating a surplus in the fund. We have the funding to be able to float and to be okay, and continue to provide infrastructure. From what was just said, it's clear. And our residents need relief. So, if this body, at this point, does not feel that we can provide relief by a simple decrease of 10 cents per gallon, based on the figures and the data that have been presented so clearly, then there's nothing else I can do here. And I really do—I am discouraged by that decision. I'm going to say that. Chair, if you would consider this, given the information we are given today, I would like to dig a little Page 20 Hawaii County Council-37 April 20,2022 bit more into the data and get some really solid figures. If you would and if this body would allow, I would like to ask for a postponement and make a motion to postpone this until the May 3rd or May 4h meeting. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. There's a motion to postpone this Resolution 363-22 to the May—Mr. Clerk, is it 4 or 5?—May 4 Committee agenda. Is there a second? MS. VILLEGAS: Second. CHR. DAVID: Ms. Villegas MR. KANEALI`I-KLEINFELDER: To the Councilsorry, it would be to the Council meeting, correct? CHR. DAVID: May 4h? Yeah, okay, Council. Sorry. Yes, May 4h Council meeting. Motion to Postpone: Mr. Kaneali`i-Kleinfelder moved to postpone Res. 363-22 to May 4, 2022. Seconded by Ms. Villegas. CHR. DAVID: Any discussion on the postponement? Ms. Villegas first and then Mr. Inaba, on the postponement. MS. VILLEGAS: Yes. Thank you, Mr. Kaneali`i-Kleinfelder, for bringing this option forth. My question prior to that, but I think still in connection to it, is related to the sunset clause and putting something like that in there. So, in the time between now and our next meeting, would that be something that you are considering adding to this piece of legislation in order to mitigate this area of concern that was expressed by a number of members of the Council? MR. KANEALI`I-KLEINFELDER: Chair, if I could? CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Ms. David. Yes, Ms. Villegas. I would like to work with Deanna and find a date that would basically give us a very solid number that we're looking at, as far as what our actual revenue decrease would be if this was to pass. Because, a sunset date gives us boundaries, and it also creates, I think, some security for the Administration and for the Department of Public Works, and for some of the Council Members as well. So, yes. MS. VILLEGAS: Thank you. I appreciate that. I yield. CHR. DAVID: Thank you, Ms. Villegas. Mr. Inaba, go ahead. Page 21 Hawaii County Council-37 April 20,2022 MR. INABA: Same question for me. And it's something I shared two weeks ago. I'll say it on the record now. If we don't have a sunset in this resolution, I can't support it. So, depending on how this body votes, even if we do postpone, myself I would need a sunset. Thank you. CHR. DAVID: Thank you, Mr. Inaba. Anyone else? Mr. Chung, go ahead. MR. CHUNG: Maybe if I could call Deanna up or, Director Rodenhurst, you could answer this too. Is Deanna ready? MS. SAKO: Good morning. MR. CHUNG: Deanna, are you there? MS. SAKO: Yup, hello. I'm here. MR. CHUNG: Okay. Yeah,just so I understand this. The last I saw, anyway and this was a while back the fuel tax for the respective counties, excluding us. So, let's start from Maui County, Kauai, City and County of Honolulu. I think it was 22 or 23 for Maui, maybe about 17 cents for Kauai, 16 and change for City and County of Honolulu. Have any of them decreased their amounts? MS. SAKO: They have not decreased, no. MR. CHUNG: Have they increased it? MS. SAKO: Not that I'm aware of. Last I knew, I think we and Maui were the same. And I'm seeing if II did not bring that sheet with me. Butoh, found it. Yeah, Maui is actually higher now. They're at 24 cents. City and County at 16.5 and Kaua`i at— MR. tMR. CHUNG: Who's at 16.5? MS. SAKO: Honolulu. MR. CHUNG: Honolulu. Okay. MS. SAKO: And 17, Kauai. Yeah. MR. CHUNG: Seventeen. So, only Maui moved it up about a penny or two, yeah. MS. SAKO: Yeah. Page 22 Hawaii County Council-37 April 20,2022 MR. CHUNG: Okay. Because, there was a comment made by Ms. Villegas that some municipalities, and maybe she meant municipalities around the United States, not so much our other counties. So, there's been no reduction similar to what's being proposed here, correct? MS. SAKO: Yeah, not in the State of Hawaii. But I believe in the United States, there has been some. MR. CHUNG: Okay. So, this reduction that's proposed, then, is going to bring us down below the lowest amount that's in any other county? MS. SAKO: That's correct. MR. CHUNG: Okay. But— MS. utMS. SAKO: It would bring us—yeah. MR. CHUNG: Yeah, I just wanted to get that information. But in terms of the instant motion for a postponement, I've got no problem with that, Mr. Kaneali`i- Kleinfelder. And I certainly understand the nexus between the fuel tax, escalating cost of fuel in the State and throughout the nation, and then our desire to try to provide some relief. If he can come up with something, I'm all ears. So, I'll support the motion to postpone. Thanks. CHR. DAVID: Thank you, Mr. Chung. Anyone else before we take a vote on the motion to postpone? Seeing none, yes. Thank you, Council Members, for the discussion. Oh, go ahead. I'm sorry, Ms. Lee Loy. Go ahead. MS. LEE LOY: Yeah. And I just wanted to direct this to Director Rodenhurst. You've heard the questions but we're trying to make a decision. And it helps us if we know what projects are, what their costs are, in addition to what equipment purchases are being planned with this money. I also had a question maybe for you or Deanna. Do we pay for some of our employees who work in DPW with this fund? Because, I understand we're trying to get more money back in our constituents' pockets, but we really need to understand how much this Fuel Tax Fund is covering because if we decrease it, we're going to have to go grab it from someplace else. Is that possible, Director Rodenhurst? MR. RODENHURST: I can bring up some of these numbers right now, actually. This is from the Committee meeting about this, but off of our current year budgets, I mean. For Engineering, our Highway Fund that is inclusive of the fuel tax, 3.8 million of that operation budget is spent using the Highway Fund. Page 23 Hawaii County Council-37 April 20,2022 To talk about our previous STIP matching, historically for at least the past couple years we've been putting up 2 million for the County matching annual for the STIP projects. And with the funds available for (inaudible), we anticipate that to increase as we get more projects available with more Federal funds available. Highway Fund at 16.1I'm sorry. Highway Maintenance at 16.1 million, that covers road maintenance and emergency operations, as well as, as you mentioned earlier, 500,000 per road mile in paving. Traffic, Maintenance Division, that's 10.1 million in operations. That's our signal streetlights, signs and markings, emergency operations. That includes, also, our contracts for signal and streetlight improvements. That's about 1.4 million, annually. To mention, some of the projects that were earlier, I did get some information from staff. It's approximately 4.5 million for Kilauea-Keawe as a total project, and then approximately 20 million for Hinalani for that total project. MS. LEE LOY: Thank you, Chair. Director, if you could just put in a memo (memorandum)to us so that we have that information in front of us because we're all trying to make a good decision here. And we want to color in the entire story. And so, I'll be supporting the postponement. I do also want to share with this body: When I was asked to comment on the fuel tax, I did my own research. And it was 1988, was the last time we actually raised fuel tax, until this dais took it up in 2016. And so, I really want to color in all that information, that we are playing "catch up"because some of the decisions we made 20 years ago, that's what's coming up, and we're having to address right now. So, let's color in this picture so that everybody understands and can make a real good decision. Thanks. CHR. DAVID: Thank you, Ms. Lee Loy. MR. RODENHURST: May I add one more point? CHR. DAVID: Hang on. Oh, go ahead. MR. RODENHURST: Sorry. There's one more item we want to bring up, is that when we—we're in the fiscal year '21 during COVID. Because of the reduction in fuel usage, we did see a drop of revenue of about 6.6 million due to that drop of use. So, that's also something that we have seen in the past, based off of just use. CHR. DAVID: Okay, thank you, Director. Mr. Chung, go ahead. MR. CHUNG: Yeah. If I could ask our County Clerk a question. I'm assuming, and maybe this is a long assumption, but the reason for the postponement is to enable one or more members to try to propose amendments to this measure. If an amendment is proposed and hits the floor, does that necessitate another public hearing, which of course costs money too, right? Page 24 Hawaii County Council-37 April 20,2022 MR. HENRICKS: I conferred with our Corporation Counsel about if an amendment were to come forward, would it result in another public hearing. I think it would depend on the nature of the amendment. MR. CHUNG: Oh, okay. MR. HENRICKS: If you change the rate, then I think that we would certainly our Corporation Counsel MR. CHUNG: That's substantive, right? MR. HENRICKS: Would likely—she's nodding—recommend another public hearing. MR. CHUNG: Right. Sure. MR. HENRICKS: But if it— MR. tMR. CHUNG: Mostly depends. MR. HENRICKS: Proposes a sunset date, then probably not. Yeah. MR. CHUNG: Okay. All right. Thank you. That helps. CHR. DAVID: Thank you, Mr. Chung, for that question. All right, anyone else on the postponement before we go to the vote? Mr. Kaneali`i-Kleinfelder, you're ready? MR. KANEALI`I-KLEINFELDER: I'm ready. Thank you, Chair. CHR. DAVID: Okay. Thank you. And I just wanted to say thank you. This discussion has been very helpful. And, Director, thank you very much. A lot of information and I'm looking forward. I'll be supporting this postponement. Mr. Clerk, roll call please. Vote on Motion to The motion to postpone Res. 363-22 to May 4, 2022, was Postpone: carried by the following roll call vote: (Approved) Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David–9. Noes: None. Absent: None. Excused: None. Page 25 Hawaii County Council-37 April 20,2022 CHR. DAVID: Thank you very much. Thank you, Director, and thank you, Director Sako, in Hilo. Res. 367-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR "SURF WITH ALOHA" SIGNS AT COUNTY BEACH PARKS AND RECREATIONAL FACILITIES IN WEST HAWAII Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Parks and Recreation, Parks Maintenance Other Current Expenses account. Reference: Comm. 724 Intr. by: Mr. Inaba Motion to Approve: Mr. Inaba moved to adopt Res. 367-22. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Inaba. MR. INABA: Thank you. This is to support some signage on rules for respect out in the water when people are surfing. And introduced by one of our own students at HPA (Hawai`i Preparatory Academy), actually, who frequents Kohanaiki Beach Park. And she presented to us, both Council Member Villegas and the Department of Parks and Recreation and the Kohanaiki `ohana, as well as Kohanaiki Shores, the development. So, we all together are happy to support this initiative, which is an eighth grade (inaudible)project. Asking for your support. Mahalo. CHR. DAVID: Thank you, Mr. Inaba. Anyone else? Seeing none, all those in favor of approving Resolution 367-22, please say "aye." Vote on Res. 367-22: The motion to adopt Res. 367-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 26 Hawaii County Council-37 April 20,2022 Res. 368-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO CHILD AND FAMILY SERVICE TO PAY FOR TREE TRIMMING EXPENSES AT THE WEST HAWAII DOMESTIC ABUSE SHELTER Transfers $3,000 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. 725 Intr. by: Mr. Inaba Motion to Approve: Mr. Inaba moved to adopt Res. 368-22. Seconded by Ms. Villegas. CHR. DAVID: Go ahead, Mr. Inaba. MR. INABA: Thank you. Very straightforward. For some of our most vulnerable individuals; supporting a facility that supports them. Asking for your support on this resolution. Mahalo. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of approving Resolution 368-22, please say "aye." Vote on Res. 368-22: The motion to adopt Res. 368-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 369-22: 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 Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 726 Intr. by: Ms. Kimball Page 27 Hawaii County Council-37 April 20,2022 Motion to Approve: Ms. Kimball moved to adopt Res. 369-22. Seconded by Ms. Villegas. CHR. DAVID: Go ahead, Ms. Kimball. MS. KIMBALL: Thank you, Chair. I see that a number of us have CRF (Contingency Relief Fund) going to this wonderful organization. I think we all have a great appreciation for what Les and his team do in this really innovative solution. So,just looking for everyone's support today. Thank you. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of approving Resolution 369-22, please say "aye." Vote on Res. 369-22: The motion to adopt Res. 369-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 370-22: 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 $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 727 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 370-22. Seconded by Mr. Inaba. CHR. DAVID: Go ahead, Ms. Villegas. MS. VILLEGAS: Just looking for continued support from my colleagues for an exemplary program. Les is doing a great job with, unfortunately, a lot less resources than he could use. And I really appreciate the Recovery Housing Program in Kona. So, I just ask for your continued support. Page 28 Hawaii County Council-37 April 20,2022 CHR. DAVID: Thank you, Ms. Villegas. Anyone else? Seeing none, all those in favor of approving Resolution 370-22, please say "aye." Vote on Res. 370-22: The motion to adopt Res. 370-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David–7. Noes: None. Absent: Council Members Chung and Kaneali`i-Kleinfelder–2. Excused: None. Res. 371-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO WEGO FOUNDATION INC., FOR THE RENTAL OF A PORTABLE BATHROOM FOR BANYAN BEACH IN KONA Transfers $1,000 from the Clerk-Council Services –Contingency Relief account (Council District 7); and credits to the Department of Public Works, Administration Other Current Expenses account. Reference: Comm. 728 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 371-22. Seconded by Mr. Inaba. CHR. DAVID: Go ahead, Ms. Villegas. MS. VILLEGAS: I want to start off by thanking WeGo Foundation for being the fiscal body to receive this funding that helps pay for a porta-potty at a very popular surf site. I'm incredibly grateful for the condominium association the south side of Banyans, who's also been working very closely with Kona Lua. Mahalo to Kona Lua for your gracious approval of putting a lua there again and trusting our community to treat it with the greatest of respect and gratitude. And I'm just asking for my colleagues' support. And just on a side note, if you'll just give me one second. We had a testifier earlier today that was pointing out really inaccurate—making inaccurate comments about One of the things we have to do when we allocate contingency relief funds is have it go through a department within the Administration. And the different departments have different requirements and parameters and protocols for how they do that. But in no way does funneling funds through contingency relief to, say, the Liquor Department have anything to do with liquor consumption or promotion or incorporation of liquor or anything Page 29 Hawaii County Council-37 April 20,2022 really the Liquor Department does into the event organization or group that we are contributing our contingency relief funds. So, I just wanted to make that point of correction. Neither does it if you do it with the Prosecutor's office. And that was implied by a testifier earlier today, which unnecessarily made it seem that a member of our Council might be allocating contingency relief funds inappropriately. So, I just wanted to make that clear for the general public, that we have to abide by certain means for allocating our funds. And no one here is misrepresenting our utilizing those funds in a way that would jeopardize the reputability of our contribution. So, thank you for that, Chair. I yield. CHR. DAVID: Thank you, Ms. Villegas. Anyone else? Seeing none, all those in favor of approving Resolution 371-22, please say "aye." Vote on Res. 371-22: The motion to adopt Res. 371-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 372-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MOKU `O HAWAII OUTRIGGER CANOE RACING ASSOCIATION TO HIRE SECURITY WHEN CONDUCTING ITS PROGRAMS AT HILO BAYFRONT BEACH PARK Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 729 Intr. by: Ms. Kimball Motion to Approve: Ms. Kimball moved to adopt Res. 372-22. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Ms. Kimball. MS. KIMBALL: Thank you. First of all, thank you, Council Member Villegas, for providing that clarification of how the whole process works in response to the testifier. I think that was really important to share with everybody. Page 30 Hawaii County Council-37 April 20,2022 This appropriation of funds is to match the appropriation that Council Member Lee Loy already contributed. We heard, as we were talking with Director Messina last week, about some of the issues that they're having particularly down there. So,just looking for everyone's support to support this area of our community and make it safe again. Thank you. CHR. DAVID: Thank you, Ms. Kimball. Ms. Lee Loy, go ahead. MS. LEE LOY: Yeah, I just wanted to thank Ms. Kimball for rising to the challenge on the match. So, this brings $3,000 to Moku o Keawe, our canoe association. And they are being tasked with data collection as to what types of unwanted behavior is happening down there. And so, I'm hopeful with this money and the match and the data collection from our canoe clubs. We can actually help drive some of the decisions for Parks department to allocate funding for security in a very smart approach. So, thank you, Ms. Kimball, again for the match. Chair, I yield. CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else? Seeing none, all those in favor of approving Resolution 372-22, please say "aye." Vote on Res. 372-22: The motion to adopt Res. 372-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 373-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF THE FUTURE FOR ITS FOOD RESCUE COMMUNITY FEEDING PROGRAM Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 730 Intr. by: Mr. Richards Motion to Approve: Mr. Richards moved to adopt Res. 373-22. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Richards. Page 31 Hawaii County Council-37 April 20,2022 MR. RICHARDS: Yeah, thank you. This is really just a continuation of an ongoing program that really got kicked into gear back with the CARES (Coronavirus Aid, Relief, and Economic Security)money. And it's about feeding people that don't have enough to eat. So, I ask for my colleagues' support. CHR. DAVID: Thank you very much. Anyone else? Seeing none, all those in favor of approving Resolution 373-22, please say "aye." Vote on Res. 373-22: The motion to adopt Res. 373-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 374-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE NORTH KOHALA COMMUNITY RESOURCE CENTER FOR THE 2022 KOHALA HIGH SCHOOL PROJECT GRAD NIGHT Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 731 Intr. by: Mr. Richards Motion to Approve: Mr. Richards moved to adopt Res. 374-22. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Richards. MR. RICHARDS: I think we're all starting to see, as we come out of the COVID, where we actually start getting back to getting things done. This is for Kohala High School graduation. I ask for your support. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of approving Resolution 374-22, please say "aye." Page 32 Hawaii County Council-37 April 20,2022 Vote on Res. 374-22: The motion to adopt Res. 374-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 375-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE CIVIL DEFENSE AGENCY TO EXPAND EMERGENCY COMMUNICATIONS IN COUNCIL DISTRICT 9 Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Civil Defense Agency, Other Current Expenses account. Reference: Comm. 732 Intr. by: Mr. Richards Motion to Approve: Mr. Richards moved to adopt Res. 375-22. Seconded by Mr. Inaba. CHR. DAVID: Go ahead, Mr. Richards. MR. RICHARDS: This, hopefully, is the end of a long saga. This is for installing the repeaters in the greater Waikoloa area for Civil Defense for CERT (Community Emergency Response Team). So, hopefully, we're at the end of this very long drawn-out saga. I ask for your support. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of approving Resolution 375-22, please say "aye." Vote on Res. 375-22: The motion to adopt Res. 375-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 33 Hawaii County Council-37 April 20,2022 Res. 376-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE PAHOA LAVA ZONE MUSEUM TO ASSIST WITH EXPENSES FOR LEI AND COMMEMORATIVE GIFTS FOR GRADUATES OF PUNA HIGH SCHOOLS Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 734 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 376-22. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I just want to recognize Amedeo Markoff and Erin Ferreira of Mainstreet Pahoa and Lava Zone Museum. They were having conversations about what would be helpful this year for some of our graduating seniors at Pahoa High School. And through that, they learned that some of the students were not able to afford caps and gowns. And so, there was this incredible effort of community coming together to raise funds for cap- and-gown purchases. That led to a conversation around folks noticing graduation time, some of our graduates don't have leis. And this is such a significant milestone in a person's life. And so, we wanted to make sure that every high school senior graduating in Puna was going to get a lei and a commemorative gift. So, that is what this funding is supporting. Looking for everyone's positive affirmation on this one. Thank you, Chair. I yield. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, all those in favor of approving Resolution 376-22,please say "aye." Vote on Res. 376-22: The motion to adopt Res. 376-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 34 Hawaii County Council-37 April 20,2022 Res. 377-22: ADOPTS THE 2022 COUNTY OF HAWAII ANNUAL ACTION PLAN FOR THE COUNTY OF HAWAII COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZES THE MAYOR OF THE COUNTY OF HAWAII TO EXECUTE AND SUBMIT THE ACTION PLAN AND ALL OTHER RELATED DOCUMENTS TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Allows for the receipt of the County's annual Community Development Block Grant allocation to be used for projects and activities the County has delineated in its annual Action Plan. Reference: Comm. 737 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 377-22. Seconded by Ms. Villegas. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Mahalo, Chair David. This resolution was waived to Council by request of the department. Joining us online, I believe we have Royce from the Office of Housing. Mr. Shiroma, are you there? (Note: At this time, Housing and Community Development Specialist Royce Shiroma came forward to address the members of the Council.) MR. SHIROMA: Yes, I am. I'm here. Sorry. MR. KANEALI`I-KLEINFELDER: All right. Beautiful. Thank you for joining us. Could you tell us a little bit about this and explain this for the Council? MR. SHIROMA: Yes. Basically every year, we receive "x" amount of dollars from the U.S. Department of Housing and Urban Development to be used for our community through the CDBG (Community Development Block Grant) grant. This year, we are receiving approximately $2.6 million with additional, we're estimating, $100,000 in program income. And we need to do this annual Action Plan in order to receive the funds. This starts the process in which—it's almost like an application to HUD (United States Department of Housing and Urban Development) in which we then receive—if HUD approves, we will receive a grant agreement, which HUD will then pass on the $2.6 million to the County of Hawaii. And through the process, we have done a solicitation of projects and we have come up with these projects, as you can see in the annual Action Plan, in which we will appropriate funds to. Page 35 Hawaii County Council-37 April 20,2022 MR. KANEALI`I-KLEINFELDER: Thank you very much, Mr. Shiroma. Just a quick check. So, the administrative side, we're looking at about 540,000 of the $2.7 million, $2.6 million grant. MR. SHIROMA: Yes. MR. KANEALI`I-KLEINFELDER: Okay. Is that normal or is there a cap on that? MR. SHIROMA: Yeah, 20 percent. We can use up to 20 percent. And it includes fair housing also. So, it's administration,planning, as well as fair housing. Usually, we allocate that much. MR. KANEALI`I-KLEINFELDER: Okay. Thank you very much, Mr. Shiroma. Thank you, again, for being online for the questions. MR. SHIROMA: Sure, no problem. MR. KANEALI`I-KLEINFELDER: Council Chair, I yield for the time being. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you, Chair. No questions. I just want to comment that I'll continue to be supporting the office of housing's work in this space. When we convened as Housing Agency nonlegislative hat on—we were able to get a very extensive presentation around the work that OHCD (Office of Housing and Community Development) does every year to go out into the community to engage, to understand what the needs are, and then use that very nice priority matrix to kind of make decisions so it's very clear and transparent. So, we'll continue to support their efforts and this Action Plan. Thank you, Chair. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Mr. Shiroma, thank you. Just wanted to confirm for the public that the waiver out of Finance Committee was requested in order to comply with the submission deadline for this grant. Is that correct? MR. SHIROMA: Yes, that is correct. CHR. DAVID: Thank you very much and thank you for being here today. MR. SHIROMA: Thank you. CHR. DAVID: All right. All those in favor of approving Resolution 377-22, please say "aye." Page 36 Hawaii County Council-37 April 20,2022 Vote on Res. 377-22: The motion to adopt Res. 377-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 378-22: AUTHORIZES A DECLARATION OF NON-EXCLUSIVE ACCESS AND UTILITY EASEMENTS OVER TAX MAP KEY: 2-4-057:031 AT WAIAKEA, DISTRICT OF SOUTH HILO, ISLAND, COUNTY, AND STATE OF HAWAII, FOR HKI KAWILI LLC'S AFFORDABLE SENIOR HOUSING PROJECT Authorizes access over portions of Ululani Street and Olona Street to allow HKI Kawili LLC to build 92 affordable senior rental housing units. Reference: Comm. 738 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 378-22. Seconded by Mr. Richards. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Just as a precursor, this was waived to Council as well on a request by the department. I don't know if Mr. Shiroma could speak to this item. This is a different contact on the form for the B-52. But I will yield for now. I don't have any questions about this, but if the other Council Members do, I look forward to them. Thank you. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else have questions for this? Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Chair, no questions. Just I'll be supporting this. I mean, we as a body approved the 201H application related to this project. It was for the affordable housing units for veterans and their spouses right on Kawili Street, across Waiakea High School. So, if this is one way in which we can help support and ensure that the housing remains affordable, make sure they do that. So, thank you, Chair. I yield. Page 37 Hawaii County Council-37 April 20,2022 CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, I also the waiver was requested on this one as well, and a breach because of the time constraints regarding this resolution. So, all those in favor of approving Resolution 378-22, please say "aye." Vote on Res. 378-22: The motion to adopt Res. 378-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. MR. KANEALII-KLEINFELDER: Chair, if I could? CHR. DAVID: Thank you. Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to suspend Council Suspend Council Rule 15 to waive the 5-day hold for reconsideration. Rules: Seconded by Ms. Lee Loy and carried by the following (Approved) voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 379-22: 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 REENTRY AND RECOVERY HOUSING PROGRAM Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 740 Intr. by: Mr. Chung Motion to Approve: Mr. Chung moved to adopt Res. 379-22. Seconded by Ms. Lee Loy. Page 38 Hawaii County Council-37 April 20,2022 CHR. DAVID: Go ahead, Mr. Chung. MR. CHUNG: Thank you. I don't really speak too much on my CRF resos (resolutions), but I was going to say something, right. There was a testifier earlier—Dean Fukuchi—who was talking about this CRF reso. But I've got to admit I wasn't really listening to him that well because I was still wrapping my head around something he had said about the resolution that's coming up next, the Waiakea High School Project Grad Night. But I did hear several things, though. One was my name. One was the reference to the resolution. The other one was about the Prosecutor's office and then also about me being a practicing attorney, and also a conflict of interest. So, I heard all of those things, right. And of course he's wrong. But nonetheless—and I want to thank Ms. Villegas for at least defending me. I was over there talking on the phone, but I really do appreciate that. But if you guys will indulge me for a second. And this only has to do with the merits of this matter. I'm going to read some of the recitals on this so that the public can understand what this program is all about. Going Home Hawaii is a 501(c)(3)nonprofit organization whose mission is to assist justice-involved Hawaii Island men, women, and youth with reintegration into community life through employment, education, training, and appropriate services. Going Home Hawai`i's Reentry and Recovery Housing Program is an ongoing program to assist justice-involved or involving women, men, and youth with reintegration into community lifeI guess same thing, basically. Okay, without help,justice-involved persons face homelessness, unemployment, substance, and mental health issues and a wide range of other issues that may be too challenging to overcome. And then this part about the Prosecuting Attorney. One of the goals of the Office of the Prosecuting Attorney is to support programs that improve the criminal justice system—and not just to prosecute them, of course, right—by identifying areas of need, and working collaboratively with other criminal justice agencies and the community by employing early intervention initiatives to improve the quality of life on the Big Island. So, that's what Going Home is all about. I think it's a good thing. And I know Mr. Dean Fukuchi wasn't really attacking the merits of this. He was just talking about possible conflict. Well, I will say this, though: I am a practicing attorney, but I don't do any criminal law. I don't do any interfacing with the Prosecutor's office. And even if I did, it wouldn't be a conflict of interest. But nonetheless, I'm going to do this. I think those of you who had a similar resolution—and I've got to say this: I think it's become very apparent here to any intelligent individual, and I believe we have nine intelligent individuals here, Mr. Fukuchi's testimony was more on a personal level against Page 39 Hawaii County Council-37 April 20,2022 me for whatever reason, yeah. I've never met the guy. If I saw him on the street, I wouldn't even know because I've only seen him by video—and the less about the merits of this resolution. I had to say that. But what I'm going to do is I'm going to ask Ms. Sako—Deanna, can you come up for a second? (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: Good morning. MR. CHUNG: Okay. Hey, Deanna, what kind of timetable do we have to approve these CRF resolutions? MS. SAKO: I mean, obviously we're getting close to the end of the fiscal year. We have just over two months left. But if the matter was to be deferred, as long as it passes by the end of May we should be okay. MR. CHUNG: Okay, so you kind of read my mind because I was thinking whether I could defer this. And the purpose for that will be not so much for the conflict of interest thing—and I really do apologize to my colleagues but I'm going to have Les Estrella, the director of the Going Home Consortium, to come here. He wasn't able to make it. I think he probably communicated with Ms. Villegas, as well as Ms. Kimball, about his inability to attend today. But I'm going to ask him if he's going to be available to come. And hopefully, Mr. Fukuchi can come and give his same testimony, and then we'll let the public decide. Okay. So, if he's still there—Mr. FukuchiI certainly respect his opinion and hope that he shows up the next time too. So, having said that, I'm going to ask for this to be deferred to the next Council meeting. CHR. DAVID: Are you making a motion to postpone? MR. CHUNG: Yes. CHR. DAVID: Thank you. Vote on Motion to Mr. Chung moved to postpone Res. 379-22 to May 4, 2022. Postpone: Seconded by Ms. Lee Loy and carried by the following (Approved) voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David–9. Noes: None. Absent: None. Excused: None. Page 40 Hawaii County Council-37 April 20,2022 CHR. DAVID: This matter is postponed. Res. 380-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO WAIAKEA HIGH SCHOOL PARENT TEACHER STUDENT ASSOCIATION FOR THE 2022 WAIAKEA HIGH SCHOOL PROJECT GRAD NIGHT Transfers $2,000 from the Clerk-Council Services –Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 741 Intr. by: Mr. Chung Motion to Approve: Mr. Chung moved to adopt Res. 380-22. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Chung. MR. CHUNG: Thank you. Again, this is another one of Mr. Fukuchi's—well, another resolution which he attacked. This one has no conflict-of-interest types of suggestions, but it's odd that he only singled this one out and not two others that also were given to Project Grad Night. He suggested—well, there was some suggestion that—well, it was his hope that because the distributing agency of these funds is the Liquor—what's their—Liquor Control Department, that we weren't distributing liquor to the students. First of all, we're not. Okay. Just to make it very clear so that in case there are members of the public like Mr. Dean Fukuchi who think that there's any possibility that we're distributing liquor to the students for Project Grad Night, I want to dispel that notion right here and now. And I could make a joke about liquor consumption and (inaudible), but I'm not going to go there, okay. We'll just leave it at that. And I've got to say this: The high school students have been going through a real tough spell over the last two years. If I'm not mistaken, this is going to be the first Project Grad Night that we have in that period. The purpose of Project Grad Night is to keep children or students away from liquor consumption—and that's all it isso that they can have a productive, memorable evening together; their last bash. No liquor consumption whatsoever. I just want to make that clear to Mr. Dean Fukuchi and others who may think like him. There's no liquor being distributed to students via these funds from the County through the Liquor Control Department. And in that regard, I really wanted to thank Director Gerald Takase and his assistant, Marcia, yeah, for really helping us in this regard, over the many years that they've done this. They know what the goals are, and I think we all do. Page 41 Hawaii County Council-37 April 20,2022 But just in case there are people similarly situated to Mr. Dean Fukuchi who think that we're distributing liquor to our students with these CRF Project Grad Night funds,just wanted to make sure those people know that we're not. Thank you. CHR. DAVID: Thank you for that clarity, Mr. Chung. Anyone else? Seeing none, all those in favor of approving Resolution 380-22, please say "aye." Vote on Res. 380-22: The motion to adopt Res. 380-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. MR. CHUNG: Madam Chairman? CHR. DAVID: Yes, go ahead. MR. CHUNG: Could I ask a waiver of our five-day reconsideration holdover? CHR. DAVID: Oh, okay. MR. CHUNG: And I don't know if anyone wants to piggyback on this motion as well. I could incorporate all the other Project Grad Night resolutions on this one, if that's okay. And graduation-related, yeah, Ms. Kierkiewicz's resolution, too, because time might be of the essence on this one. It's coming up fast. CHR. DAVID: All right. So, what resolutions? All the grad night contingency resolutions and Ms. Kierkiewicz's. MR. CHUNG: Yeah, 376. CHR. DAVID: 376 and 374 MR. CHUNG: 374 and there's one more. Was there one more? CHR. DAVID: 376 and 374. MR. CHUNG: That might be it, yeah. CHR. DAVID: I think that was it. Page 42 Hawaii County Council-37 April 20,2022 MR. CHUNG: Yeah, okay. CHR. DAVID: And then you have 380. Okay. MR. CHUNG: Yeah. Thank you. Vote on Motion to Mr. Chung moved to suspend Council Rule 15 to waive the Suspend Council 5-day hold for reconsideration on Resolution Nos. 374-22, Rules for Resolution 376-22, and 380-22. Seconded by Mr. Richards and Nos. 374-22, 376-22, carried by the following voice vote: and 380-22: (Approved) Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): Bill 149: 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 —Community Development Block Grant Mitigation account($4,462,000); and appropriates the same to the following Community Development Block Grant Mitigation accounts: ArcGIS Project ($370,000), Water Supply Project($835,000), Fire Equipment($1,810,000), Planning Code Revisions ($400,000), Public Works Flood Studies ($394,000), Administration ($343,000), and Activity Delivery ($310,000). Funds would be used to support projects related to the mitigation of natural disasters and other hazards defined in the 2020 Multi-Hazard Mitigation Plan. Reference: Comm. 701 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-134 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 149 on first reading and adopt Finance Committee Report No. 134. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. Page 43 Hawaii County Council-37 April 20,2022 MR. KANEALI`I-KLEINFELDER: Thank you very much, Chair. We saw this in Committees two weeks ago. And I think there was a fairly good discussion with Mr. Zendo Kern, Director of Planning. I just appreciate the conversation. I don't have any questions at this time. Thank you. I yield. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anybody else in Kona? Seeing none, all those in favor of approving Bill 149 at first reading, please say Ic aye. Vote on Bill 149: The motion to pass Bill 149 on first reading and adopt (Approved) Finance Committee Report No. 134 was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 151: AMENDS ORDINANCE NO. 21-39, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2021 TO JUNE 30, 2022 Adds the Parks and Recreation Council Discretionary Projects-District 6 project ($100,000)to the Capital Budget. Funds for this project shall be provided from the General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other Sources and would be used towards improvements, repairs, and modifications at County park facilities throughout Council District 6. Reference: Comm. 706 Intr. by: Ms. David Approve: FC-135 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Motion to Approve: Mr. Inaba moved to pass Bill 151 on first reading and adopt Finance Committee Report No. 135. Seconded by Mr. Richards. CHR. DAVID: Thank you, Mr. Inaba. This is mine and I'm just going to ask for your continued support on this. Anyone else? Seeing none, all those in favor of approving Bill 151 at first reading, please say "aye." Page 44 Hawaii County Council-37 April 20,2022 Vote on Bill 151: The motion to pass Bill 151 on first reading and adopt (Approved) Finance Committee Report No. 135 was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 155: 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 following accounts: Federal —Block Grant ($2,600,000) and Block Grant—Program Income ($100,000); and appropriates the same to the following accounts: Mental Health K6kua-Kona Residential Housing Renovations ($271,149) and Hilo Residential Complex Housing Renovations ($650,000); West Hawaii Emergency Shelter and Facility Energy Efficiency Improvements ($650,000); Hamakua Youth and Community Center Improvements Phase 1 ($588,851); and Administration, Planning and Fair Housing ($540,000). Reference: Comm. 737 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 155 on first reading. Seconded by Mr. Inaba. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: This follows in line with Resolution 377. We just had the discussion with Mr. Shiroma. I have no further questions. Thank you. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing none, all those in favor of approving Bill 155 at first reading, please say "aye." Page 45 Hawaii County Council-37 April 20,2022 Vote on Bill 155: The motion to pass Bill 155 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David–9. Noes: None. Absent: None. Excused: None. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): Bill 137: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT `O`OMA 1ST, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-017:024 First Reading: April 6, 2022 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 137 on second and final reading. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. We've had extensive discussion on this. We also met the applicant—Mr. Kahananui. This is to support their family estate planning and ensuring that their `ohana has housing. I believe that we have the representative for the applicant on Zoom if there are questions. And if we need to hear from Planning Department, I can summon Deputy Darrow. Thank you, Chair. CHR. DAVID: Thank you. Does anyone else have any questions or comments? Seeing none, all those in favor of approving Bill 137 at second and final reading, please say "aye." Page 46 Hawaii County Council-37 April 20,2022 Vote on Bill 137: The motion to pass Bill 137 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 138: AMENDS SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—ONE ACRE (A-la) TO SINGLE-FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15) AT `O`OMA 1ST, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-017:024 (Applicant: Aaron Nuola Kahananui) (Area: .992 Acre) The Leeward Planning Commission forwards its favorable recommendation for this amendment to the State Land Use Boundaries Map and change of zone, which would allow the applicant to seek subdivision of the property into two residential lots for estate planning purposes. The property is located at 73-4413 Hawaii Belt Road, approximately 100 feet southeast of its intersection with Kalaoa Street in North Kona. Reference: Comm. 676 Intr. by: Ms. Kierkiewicz (B/R) First Reading: April 6, 2022 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 138 on second and final reading. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. This is the companion measure to (Bill) 137. Looking for everyone's continued support. CHR. DAVID: Thank you. Seeing no other discussion, all those in favor of approving Bill 138 at second and final reading, please say "aye." Page 47 Hawaii County Council-37 April 20,2022 Vote on Bill 138: The motion to pass Bill 138 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 139: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Increases revenues in the Federal Grants —Mainstream Voucher Administration account($45,000); and appropriates the same to the Office of Housing Other Current Expenses account, for a total appropriation of$51,679. Reference: Comm. 677 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: April 6, 2022 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 139 on second and final reading. Seconded by Ms. Lee Loy. CHR. DAVID: Any comments, Mr. Kaneali`i-Kleinfelder? MR. KANEALII-KLEINFELDER: Not at this time. Mahalo, Chair. CHR. DAVID: Thank you. Seeing no other comments, all those in favor of approving Bill 139 at second and final reading, please say "aye." Vote on Bill 139: The motion to pass Bill 139 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 48 Hawaii County Council-37 April 20,2022 Bill 140: 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 —Home Program—Tenant Based Rental Assistance Fraud Recovery Income account($5,000); and appropriates the same to the Home Program —Tenant Based Rental Assistance Fraud Recovery Income account. Reference: Comm. 678 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: April 6, 2022 Vote on Bill 140: Mr. Kaneali`i-Kleinfelder moved to pass Bill 140 on (Adopted) second and final reading. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 141: ADOPTS A PAY PLAN FOR PERSONS EMPLOYED BY THE COUNTY OTHER THAN THOSE WHOSE PAY IS OTHERWISE PROVIDED FOR, DESIGNATES PAYROLL PERIODS, PAY DAYS, PRESCRIBES REQUIREMENTS WITH RESPECT TO OFFICIAL FIDELITY BONDS, AND REPEALS ORDINANCE NO. 21-35 AND ALL AMENDMENTS THERETO, SAID ORDINANCE TO BE KNOWN AS THE SALARY ORDINANCE OF 2022 Establishes rates of compensation for appointed employees in the Legislative Branch and the Office of Housing and Community Development, the County Physician, Student Helpers, and Senior Community Services Aids for various County agencies. Reference: Comm. 679 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: April 6, 2022 Page 49 Hawaii County Council-37 April 20,2022 Vote on Bill 141: Mr. Kaneali`i-Kleinfelder moved to pass Bill 141 on (Adopted) second and final reading. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 145: 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($735,600); and appropriates the same to the following accounts: Planning Other Current Expenses ($110,000), Transfer to Sewer Fund ($55,000), Transfer to Solid Waste Fund ($106,000), Transfer to Golf Course Fund($15,000), and Provision for Compensation Adjustment—General ($449,600). Funds would be used to cover the cost items agreed to between the County and the United Public Workers Bargaining Unit 1 and employees excluded from Bargaining Unit 1, and to cover other unanticipated costs that have arisen throughout the year. First Reading: April 6, 2022 Vote on Bill 145: Mr. Kaneali`i-Kleinfelder moved to pass Bill 145 on (Adopted) second and final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 50 Hawaii County Council-37 April 20,2022 Bill 146: 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 Transfer from General Fund account($55,000); and appropriates the same to the Wastewater Salaries & Wages account. First Reading: April 6, 2022 Vote on Bill 146: Mr. Kaneali`i-Kleinfelder moved to pass Bill 146 on (Adopted) second and final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 147: 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 Transfer from General Fund account($106,000); and appropriates the same to the following Salaries &Wages accounts: Landfills ($92,000) and Pu`uanahulu West Hawaii Landfill ($14,000). First Reading: April 6, 2022 Vote on Bill 147: Mr. Kaneali`i-Kleinfelder moved to pass Bill 147 on (Adopted) second and final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 51 Hawaii County Council-37 April 20,2022 Bill 148: 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 Transfer from General Fund account($15,000); and appropriates the same to the Golf Course Salaries & Wages account. Reference: Comm. 690 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: April 6, 2022 Vote on Bill 148: Mr. Kaneali`i-Kleinfelder moved to pass Bill 148 on (Adopted) second and final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 150: 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 Transfer from General Fund account($6,500); and appropriates the same to the Homeless Taskforce account. Funds would be used to assist with the establishment of the Weller House Transitional Housing Project located in Ocean View. Reference: Comm. 705 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: April 6, 2022 Vote on Bill 150: Mr. Kaneali`i-Kleinfelder moved to pass Bill 150 on (Adopted) second and final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 52 Hawaii County Council-37 April 20,2022 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.) REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: Comm. 723: GLEN BALDADO V. PHOENIX V LLC, ET AL.; CIVIL NO. 3CC181000221 From Deputy Corporation Counsel E. Britt Bailey, dated March 29, 2022, requesting an attorney-client confidential discussion to consult with the Council regarding the above-referenced matter, including settlement discussion. Motion to Close Ms. Lee Loy moved to close file on Comm. 723. Seconded File: by Mr. Richards. CHR. DAVID: Council Members? Go ahead, Ms. Lee Loy. MS. LEE LOY: Yes. I've read our background material. I'm fine with the recommendation of Corporation Counsel. But if our colleagues want to go into Executive Session, I'll be more than happy to get us there. CHR. DAVID: Thank you. Anyone else have any comments about going into Executive Session? MS. KIMBALL: Yeah, I also am fine with the recommendation in the communication. Although, I do note that it was referenced to a previous Council and their decision not to move forward with the prior suggestion. So, if folks that were on the Council at that time want to revisit it, I'm happy to go into Executive Session. But not knowing why that decision was made at that time, I feel comfortable with what I read. Thank you. I yield, Chair. CHR. DAVID: Does anyone else feel that we need to go into Executive Session, having read our recommendations? Seeing none, Mr. Clerk, we're just going to make another motion, then. MS. LEE LOY: Chair? CHR. DAVID: Ms. Lee Loy, go ahead. MS. LEE LOY: Thank you, Chair. Page 53 Hawaii County Council-37 April 20,2022 Vote on Motion to Ms. Lee Loy moved to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 723. Seconded by (Approved) Mr. Inaba and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Vote on Comm. 723: The motion to close file on Comm. 723 was carried by the Filed following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. 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 takes us to the end of our agenda. ADJOURN- There being no further business, at 11:02 a.m., Mr. Inaba moved to adjourn the MENT: meeting. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 54 Hawai`i County Council-37 April 20,2022 CHR. DAVID: We are adjourned. Mahalo, everybody. Council Approval: MAY 1 $ 2022 CO s CLERK JH/dg Page 55