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HomeMy WebLinkAboutAGE COUNCIL 2022-05-18 2020-2022 ACTIONS MAILE MEDEIROS DAVID t.,OF p HOLEKA GORO INABA Chair&Presiding Officer o?IN �k+,, MATT KANEALI`I-KLEINFELDER ASHLEY L.KIERKIEWICZ AARON S. Y. CHUNG �* Vice Chair HEATHER L.KIMBALL ��.o:� SUSAN L.K.LEE LOY HERBERT M."TIM"RICHARDS,III REBECCA VILLEGAS COUNTY COUNCIL County of Hawai`i Hawai`i County Building 25 Aupuni Street Hilo, Hawai`i 96720 39th Session ORDER OF BUSINESS Hawaii County Building 25 Aupuni Street Hilo, Hawaii May 18, 2022 9:00 a.m. Notice is hereby given that the Hawaii County Council will be conducting this meeting via interactive conference technology (ICT)pursuant to Hawaii Revised Statutes §92-3.5. Council Members will be participating via ICT at the: • Kona Council Chambers,West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Building A. Members of the public may also attend from this location. Public attendance via Courtesy is available at the following locations: • Pahoa Council Office, 15-2879 Pahoa Village Road; and • Waimea Council Office, Parker Square, 65-1279 Kawaihae Road, Suite 109. If a Courtesy Site is unavailable and/or participation is disrupted,the scheduled meeting will continue. Oral Public Testimony via Zoom: To provide oral testimony via Zoom, email councilremotetestimony@hawaiicounty.gov or call (808) 961-8255 to complete the registration process and obtain meeting login information. Please contact our office to register by 12:00 noon, Tuesday, May 17, 2022. Submitting Written Testimony: To ensure timely delivery to Council Members prior to the meeting,written testimony must be submitted no later than 12:00 noon on Tuesday, May 17, 2022,by: (1) email to counciltestimony@hawaiicounty.gov; (2) facsimile to (808) 961-8912; or(3) mail to the County Clerk's Office in Hilo at 25 Aupuni Street, Hilo, Hawaii, 96720. All written testimony,regardless of time of receipt,will be made part of the permanent record. Please submit separate testimony for each item. Hawai`i County is an Equal Opportunity Provider and Employer Hawaii County Council-39 May 18,2022 INVOCATION Pastor Howard Nash of Thy Word Ministries Council Member Holeka Goro Inaba CALL TO ORDER 9:00 a.m. ROLL CALL PLEDGE OF ALLEGIANCE PETITIONS, MEMORIALS, CERTIFICATES OF MERIT, AND EXPRESSIONS OF CONDOLENCE STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (NOTE: COUNCIL MAY TAKE A LUNCH BREAK CLOSE TO THE NOON HOUR) APPROVAL OF MINUTES April 6, 2022 APPROVED: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. April 20, 2022 APPROVED: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Page 2 Hawaii County Council-39 May 18,2022 ORDER OF RESOLUTIONS Res. 386-22: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, PURSUANT TO HAWAII REVISED STATUTES, SECTION 46-7, FOR A WORKFORCE INNOVATION AND OPPORTUNITY ACT GRANT Allows for the receipt of$94,300, which would be used for rapid response and layoff aversion activities. Reference: Comm. 754 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-142 ADOPTED: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Res. 387-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT FOR CONSULTANT SERVICES TO ANALYZE AND PROPOSE AMENDMENTS TO THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), CHAPTER 23, SUBDIVISIONS AND CHAPTER 25, ZONING FOR THE PLANNING DEPARTMENT Provides for a two-year agreement to develop amendments designed to update and improve land use regulatory language. Reference: Comm. 755 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-143 ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 3 Hawaii County Council-39 May 18,2022 Res. 388-22: AMENDS RESOLUTION 168-21 AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAII Amends Resolution Number 168-21 to increase the funding amount for the Kuleana Health project from $100,000 to $200,000. Reference: Comm. 758 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-144 ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 398-22: 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 HILO HIGH SCHOOL FOUNDATION FOR THE 2022 HILO HIGH GRAD NITE Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 774 Intr. by: Ms. Lee Loy ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 4 Hawaii County Council-39 May 18,2022 Res. 399-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOSPICE OF HILO FOR ITS 18TH ANNUAL CELEBRATION OF LIFE EVENT Transfers $500 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 775 Intr. by: Ms. Lee Loy ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 400-22: 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 HALE MUA CULTURAL GROUP TO ASSIST WITH EXPENSES ASSOCIATED WITH THE 2022 KING KAMEHAMEHA DAY CELEBRATION PARADE AND HO`OLAULE`A IN KONA Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 776 Intr. by: Mr. Inaba ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 5 Hawaii County Council-39 May 18,2022 Res. 401-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO `O MAKU'U KE KAHUA COMMUNITY CENTER TO PURCHASE SCHOOL SUPPLIES AND HYGIENE PRODUCTS FOR COMMUNITY CARE PACKAGES Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 777 Intr. by: Ms. Kierkiewicz ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 402-22: 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 ARC OF HILO FOR ITS IST ANNUAL KING KAMEHAMEHA'S AWESOME ATHLETES INCLUSIVE CANOE RACE Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 778 Intr. by: Ms. Lee Loy ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 6 Hawaii County Council-39 May 18,2022 Res. 403-22: 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 HALE MUA CULTURAL GROUP TO ASSIST WITH EXPENSES RELATED TO THE KAMEHAMEHA DAY PARADE AND HO`OLAULE`A IN KONA Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 779 Intr. by: Ms. Villegas ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 404-22: 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 MERRIE MONARCH FESTIVAL FOR A REIMBURSEMENT OF EXPENSES RELATED TO THE 59TH ANNUAL MERRIE MONARCH FESTIVAL Transfers $13,547.03 from the Clerk-Council Services —Contingency Relief account(Council District 3); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 780 Intr. by: Ms. Lee Loy ADOPTED: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Page 7 Hawaii County Council-39 May 18,2022 Res. 405-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAMAKUA YOUTH FOUNDATION, INC., TO ASSIST WITH EXPENSES RELATED TO ITS KEIKI PROGRAM Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 781 Intr. by: Ms. Kimball ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 406-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAMAKUA YOUTH FOUNDATION, INC., TO SUPPORT THE 2022 HONOKA`A WESTERN WEEK FESTIVAL Transfers $2,000 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. 782 Intr. by: Ms. Kimball ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 8 Hawaii County Council-39 May 18,2022 Res. 407-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR PARK MAINTENANCE AND/OR IMPROVEMENT PROJECTS AT VARIOUS FACILITIES IN COUNCIL DISTRICT 1 Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Transfer to Capital Projects Fund-General account. Reference: Comm. 784 Intr. by: Ms. Kimball ADOPTED: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Res. 411-22: AUTHORIZES THE DEPARTMENT OF PARKS AND RECREATION TO AWARD FUNDS TO DESTINATION HILO Awards $49,000 to be used for a 4h of July fireworks display as part of the 2022 Hilo Bay Blast celebration. Reference: Comm. 791 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC ADOPTED: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: Council Member Inaba— 1. Absent: None. Excused: None. Page 9 Hawaii County Council-39 May 18,2022 BILLS FOR ORDINANCES (FIRST READING) Bill 157: REPEALS ORDINANCE NO. 04-120, WHICH AMENDED SECTION 25-8-28 (KA`U DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 20 ACRES (A-20a) TO AGRICULTURAL PROJECT DISTRICT (APD) AT PALIMA AND PA`AU`AU, KA`U, HAWAII, COVERED BY TAX MAP KEYS: 9-6-005:018 AND 9-6-006:004 (Planning Director Initiated) (Area: Approx. 171.782 acres) The Windward Planning Commission forwards its favorable recommendation to revert the zoning of two parcels of land to their original zoning designation of Agricultural-20 acres. The properties are located at 96-3090 Meyer Road, approximately 1.5 miles northwest of Hawaii Belt Road at Palima and P5'au`au in Ka`u. Reference: Comm. 742 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-64 PASSED IST READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Page 10 Hawaii County Council-39 May 18,2022 Bill 158: AMENDS SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 1 ACRE (A-la) TO SINGLE-FAMILY RESIDENTIAL - 15,000 SQUARE FEET (RS-15) AT WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEYS: 6-5-007:045-0001 AND 0002 (Applicant: Dale Herbert Trefz) (Area: 33,738 square feet) The Leeward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to seek subdivision of the parcel into two lots to remove the existing Condominium Property Regime designation and associated restrictions. The property is located at 65-1310 Lihipali Road, approximately 170 feet northeast of its intersection with Opelo Road, Waimea Homesteads in South Kohala. Reference: Comm. 743 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-65 PASSED IST READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 161: 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 Reappropriates lapsed fuel tax funds from prior fiscal years by establishing the following fuel tax program appropriations to the Capital Budget: Roadway Projects (Engineering) ($451,774.22); Bridge Inspection, Repair and Replacement Program (Engineering) ($332,289.35); and Local Road Improvements (Highways) ($1,761,734.13), for a total appropriation of$2,545,797.70. Reference: Comm. 752 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-145 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter (Vote on Bill 161 is on the next page) Page 11 Hawaii County Council-39 May 18,2022 PASSED IST READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 162: 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—Reserved account ($100,014.94) and the Fuel Tax—Designated Capital Improvement Projects account($600,000); and appropriates the same to the Transfer to Capital Projects Fund—Highway account. The appropriation of these excess revenues from prior fiscal year fuel tax collections is required to enable expenditure of the funds. Reference: Comm. 753 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-146 PASSED IST READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 163: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Appropriates revenues in the Federal Grants —Workforce Innovation and Opportunity Act account($94,300); and appropriates the same to the following Workforce Innovation and Opportunity Act accounts: Rapid Response Administration/Planning 2021-2022 account($9,430) and the Rapid Response Program 2021-2022 ($84,870). Funds would be used for rapid response and layoff aversion activities. Reference: Comm. 754 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-147 (Vote on Bill 163 is on the next page) Page 12 Hawaii County Council-39 May 18,2022 PASSED IST READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 164: 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($30,000); and appropriates the same to the Office of Housing Other Current Expenses account, bringing the total appropriation to $81,679. Funds would be used for administrative costs to operate the housing voucher program. Reference: Comm. 756 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-148 PASSED IST READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 165: 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 Real Property Tax Penalties account($720,000); and appropriates the same to the Transfer to Disaster/Emergency Fund account ($240,000) and the Transfer to Public Access/OpenSpace Preservation Fund account($480,000), to account for excess real property tax penalty revenue that must be appropriated into these special funds pursuant to the Hawaii County Charter. Reference: Comm. 757 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-149 (Vote on Bill 165 is on the next page) Page 13 Hawaii County Council-39 May 18,2022 PASSED IST READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 171: 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 —Federal Emergency Management Agency — COVID-19 account($1,250,000); and appropriates the same to the Federal Emergency Management Agency —COVID-19 account, bringing the total appropriation to $4,500,000. Funds would be used to cover expenditures relating to the COVID-19 pandemic. Reference: Comm. 790 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC PASSED IST READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. Bill 172: 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 Department Charges account($130,000); and appropriates the same to the Housing Ulu Wini Other Current Expenses account, bringing the total appropriation to $1,374,220. Funds would be used for operational costs of the Ulu Wini Family Assessment Center. Reference: Comm. 793 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC (Vote on Bill 172 is on the next page) Page 14 Hawaii County Council-39 May 18,2022 PASSED IST READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—9. Noes: None. Absent: None. Excused: None. ORDER OF THE DAY(SECOND OR FINAL READING) Bill 152: AMENDS CHAPTER 2, ARTICLE 13, DIVISION 3, SECTION 2-75 OF THE (Draft 2) HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE COUNTY HOUSING PROGRAM REVOLVING FUND Repeals existing provisions in their entirety and establishes nine specific uses for expenditure of the funds to support the County's housing needs. Reference: Comm. 721.18 Intr. by: Mr. Inaba and Ms. Kimball First Reading: May 4, 2022 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Villegas, and Chair David—7. Noes: Council Members Kierkiewicz and Richards —2. Absent: None. Excused: None. (Note: Ms. Lee Loy voted "kanalua"then "aye." Ms. Kierkiewicz and Mr. Richards voted "kanalua"then "no.") Bill 153: INITIATES AN AMENDMENT TO ARTICLE X OF THE HAWAII COUNTY CHARTER (2020 EDITION), RELATING TO THE COUNTY HOUSING PROGRAM REVOLVING FUND Proposes the addition of a new section to incorporate the revolving fund established in Section 2-74 of the Hawaii County Code into the Hawaii County Charter and dedicate on an annual basis a minimum of one percent of real property tax revenues into the County Housing Program Revolving Fund. Reference: Comm. 722 Intr. by: Mr. Inaba and Ms. Kimball First Reading: May 4, 2022 2/3 Vote: Second of three required readings, Section 15-1(a), Hawai`i County Charter (Vote on Bill 153 is on the next page) Page 15 Hawaii County Council-39 May 18,2022 FAILED: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kimball, and Villegas —4. Noes: Council Members Chung, Kierkiewicz, Lee Loy, Richards, and Chair David—5. Absent: None. Excused: None. Bill 154: 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 —Traffic Safety Training Project account ($3,000); and appropriates the same to the Traffic Safety Training Project account, bringing the total appropriation to $153,000. Funds would be used to provide specialized training for police and prosecutors to combat impaired driving. Reference: Comm. 736 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 4, 2022 PASSED 2ND AND FINAL READING: 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. Bill 166: 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($3,450,000); and appropriates the same to the Fire Protection Salaries and Wages account. Funds would be used to cover potential bargaining unit salary increases and excess overtime. Reference: Comm. 763 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 4, 2022 PASSED 2ND AND FINAL READING: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 16 Hawaii County Council-39 May 18,2022 REFERRALS FOR EXECUTIVE SESSION Comm. 773: THE ESTATE OF JESSIE LEE STACY, ET. AL. V. JIMMY CHIU, ET. AL., CIVIL NO. 19-1-042 From Deputy Corporation Counsel Mark D. Disher, dated April 25, 2022, requesting an attorney-client confidential discussion to consult with the Council regarding the above-referenced matter, submitted by Matthew Menzer and Jacob Lowenthal on behalf of their clients: The Estate of Jessie Lee Stacy; Sharian Stacy, individually and as representative of the Estate; and A.S., a minor. CONCURRED WITH THE RECOMMENDATION OF CORP. COUNSEL: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. The Council anticipates convening an executive meeting regarding the above matter, pursuant to Section 92-5(a)(4), for the purpose of consulting with Council's attorney on questions and issues pertaining to the Council's powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to Hawaii Revised Statutes, Section 92-4, and Rule Nos. 2 and 10 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. OTHER BUSINESS (Including but not limited to reconsideration of vetoed items, if any, or reconsideration of actions on agenda items.) ANNOUNCEMENTS ADJOURNMENT: 1:20 p.m. Note: B/R, when listed next to the name of an Introducer, signifies that the Council Member has agreed to introduce legislation `By Request" on behalf of the requesting party. It does not necessarily signify support of or opposition to the proposal. Live Stream of County Council Meetings: To view the live stream of this meeting, at the scheduled meeting start time, type the following into the address bar of the browser: http://hawaiicounty.granicus.com/ViewPublisher.php?view—id=1. Please call 961-8255 if the Council's streaming location is not functioning. If the Council's stream is deemed inoperable, the following address will be provided for the live stream and should be typed into the browser: https://www.youtube.com/channel/UCJNalwg40oK7a-7nGnEtGPA. If you need an auxiliary aid/service or other accommodation due to a disability, call 961-8255 as soon as possible, preferably by May 16, 2022. If a response is received after this date, every effort will be made Page 17 Hawaii County Council-39 May 18,2022 to obtain the auxiliary aid/service or accommodation, but there is no guarantee the request can be filled. Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy. Agendas and agenda items are available on the County website at www.hawaiicounty.gov. Click on Council Records to navigate to current agendas. For any questions, please contact Council Services at 961-8255. Submitting Video Testimony: Those submitting video testimony may email a complete web address (url)to videotestimony(a]hawaiicouno�.go before 12:00 noon on the business day prior to the meeting. The email shall indicate the appropriate Committee or Council meeting, the meeting date, agenda item (communication, bill, resolution, or report number), and number of testifiers on the video submittal. Each video submittal shall be limited to a single agenda item. Video submittals may contain up to three individual testifiers and shall each be up to three minutes in length. Video testimony will not be played during the meeting; however, it will be distributed to Council Members prior to the meeting. The Office of the County Clerk reserves the right to refuse testimony containing inappropriate content or that is not in compliance with Council Rule 13 (Public Statements and Testimony). Page 18