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HomeMy WebLinkAboutMIN COUNCIL 2022-09-07 2020-2022 Hawaii County Council 481h Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii September 7, 2022 INVOCATION: Senior Pastor Daniel De Luz Jr. of Glad Tidings 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, Hilo, by Ms. Maile Medeiros David, Chair. ROLL CALL: Present: Ms. Maile Medeiros David, Chair Mr. Aaron S. Y. Chung, Vice Chair Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member Ms. Heather L. Kimball, Member Ms. Susan L. K. Lee Loy, Member Mr. Herbert M. "Tim" Richards, III, Member Ms. Rebecca Villegas, Member Absent& Excused: Mr. Holeka Goro Inaba, Member 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, Mr. Chung, Ms. David, and Mr. Richards presented a EXPRESSIONS OF Certificate of Merit to former Police Chief Paul Ferreira in recognition of his CONDOLENCE: recent retirement after 40 years of service to Hawaii County.) Recess: At 9:18 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:22 a.m. Hawaii County Council-48 September 7,2022 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 individuals registered to speak and came forward when called by the Chair: No`eau Peralto: Res. 494-22, Draft 2 (Comm. 918.2), in support. (representing Hui Malama I Ke Ala `Ulili) Peter Tui Silva: Res. 509-22 (Comm. 937), in support. (representing Kumukahi Health and Wellness) Julie Mitchell: Res. 505-22 (Comm. 933); (representing Zonta Club Res. 514-22 (Comm. 947); and of Hilo Foundation) Res. 518-22 (Comm. 955), in support. Joel Matsunaga: Res. 510-22 (Comm. 939); and Res. 511-22 (Comm. 940), in support. Denise Lindsey: Res. 515-22 (Comm. 948), in support. (representing Special Olympics West Hawaii) 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 June 2, of Minutes: June 15, and August 3, 2022. Seconded by Mr. Richards (Approved) and carried by the following voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. CHR. DAVID: Before we move on the agenda, I'd like to take two things out of order. We have the students here for Resolution 494. Can we do that first, please? Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order: Page 2 Hawaii County Council-48 September 7,2022 Res. 494-22: AUTHORIZES THE DIRECTOR OF FINANCE TO NEGOTIATE A LONG- (Draft 2) TERM LEASE OF APPROXIMATELY 1,000 ACRES OF COUNTY-OWNED, AGRICULTURAL-ZONED LANDS, BEING TAX MAP KEYS: 4-2-005:001 AND 4-2-005:005, KOHOLALELE, HAMAKUA, HAWAII, WITH HUI MALAMA I KE ALA `ULILI, PURSUANT TO CHAPTER 2, ARTICLE 19, SECTIONS 2-114 AND 2-120, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED) Allows for the lease of these parcels to Hui Malama I Ke Ala `Ulili for the purposes of`aina stewardship, Native Hawaiian farming and gathering practices, regenerative agroforestry, and diversified agro-ecological systems. Reference: Comm. 918.2 Intr. by: Ms. Kimball Approve: FC-186 (Note: Comm. 918.6, from Council Member Heather L. Kimball dated September 6, 2022, transmitting proposed amendments to Res. 494-22, Draft 2, was circulated.) Motion to Approve: Ms. Kimball moved to adopt Res. 494-22, Draft 2, and Finance Committee Report No. 186. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. DAVID: Go ahead, Ms. Kimball. MS. KIMBALL: Thank you, Chair. Before beginning a little bit of discussion on this, I do have a couple of housekeeping items. First, I need to make a disclosure. After we had the first hearing on this and it was published in the paper, my husband said, "Oh, you know, Valerie, No`eau's mom, has been our accountant for years," and I said, "Oh, yes, that's right." So, I do need to disclose a relationship with the Peralto family. Even though they have the same last name, I didn't get that he pulledI think he pulled from your dad's side. So, they are relatives. So, I wanted to make that disclosure. It certainly doesn't affect my ability to make a fair and balanced decision on this matter. The second item is we have some minor amendments in Communication 918.6. Motion to Amend: Ms. Kimball moved to amend Res. 494-22, Draft 2, with the contents of Comm. 918.6. Seconded by Mr. Kaneali`i- Kleinfelder. CHR. DAVID: Ms. Kimball. MS. KIMBALL: These are relatively minor changes. The Finance Department asked us, too, for transparency, to make sure the long-term lease was actually defined as a 75-year lease. So, you'll see that amended in the title and in one of Page 3 Hawaii County Council-48 September 7,2022 the "WHEREAS" clauses. And then Council Member Inaba caught a small clerical error which should have referred to Section 2-114(a) rather than (c). So, those are the two minor corrections we're making at this time. CHR. DAVID: Thank you. Anyone else, Council Members? Seeing none, all those in favor of amending Resolution 494-22 with the contents of Communication 918.6,please say "aye." Vote on Motion to The motion to amend Res. 494-22, Draft 2, with the Amend: contents of Comm. 918.6 was carried by the following (Approved) voice vote: Ayes: Council Members Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Inaba—2. Excused: None. Vote on Motion to Ms. Lee Loy moved to suspend Council Rule 24 to waive Suspend Council the holdover for the substantive amendment of Rules: Res. 494-22, Draft 2. Seconded by Ms. Kimball and (Approved) carried by the following voice vote: Ayes: Council Members Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Inaba—2. Excused: None. CHR. DAVID: Go ahead, Ms. Kimball. MS. KIMBALL: Thank you. Again, we had a wonderful presentation in Committee on this resolution. I am so thrilled to be supporting this project. I think there are rarely times that we have an opportunity to put something forth and vote on something that is not only going to affect us, but our grandchildren and our great-grandchildren. I get chicken skin every time I look at you guys, and I think about what's going to happen in this beautiful space. You've proven yourself to be capable of this, and it's just a wonderful gift that we as a Council, I think, are giving to the community today. So, I ask for everyone's continued support moving this forward. Thank you. CHR. DAVID: Thank you, Ms. Kimball. Anyone else? Seeing none, all those in favor of approving Resolution 494-22, Draft 2, as amended with Communication 918.6,please say "aye." Page 4 Hawaii County Council-48 September 7,2022 Vote on Res. 494-22: The motion to adopt Res. 494-22, Draft 2, as amended to Draft 3 Draft 3, was carried by the following voice vote: (Adopted) Ayes: Council Members Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Inaba—2. Excused: None. CHR. DAVID: Mahalo, everyone. Mr. Clerk, can we just jump to one more item out of order; Bill 199, please? Bill 199: AMENDS ORDINANCE NO. 17-24, WHICH AMENDED ORDINANCE NO. 12-111, WHICH AMENDED ORDINANCE NO. 99-116, WHICH AMENDED ORDINANCE NO. 96-159, WHICH AMENDED SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED) (FORMERLY REFERRED TO AS SECTION 25-114, CITY OF HILO ZONE MAP, ARTICLE 3, CHAPTER 25, ZONING CODE), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL— 7,500 SQUARE FEET (CN-7.5) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEYS: 2-2-044:031, 032, 035, AND 037 (Applicant: Hilo Senior Investments, LLC—formerly Island Heritage Ventures, LLC) (Area: Approx. 7.402 acres) The Windward Planning Commission forwards its favorable recommendation for this request for a five-year time extension to Condition C (Time to Secure Final Subdivision Approval). The applicant plans to develop an assisted living facility and a commercial/retail building. The property is located on the southeast side of the intersection of Kanoelehua Avenue and East Kahaopea Street. Reference: Comm. 922 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-75 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 199 on first reading and adopt Planning Committee Report No. 75. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you. We have the representative for the applicant here in case my colleagues have questions, but we did have a robust discussion in Committee and do support this measure. Thank you, Chair. Page 5 Hawaii County Council-48 September 7,2022 CHR. DAVID: Thank you. Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. After the meeting, I ran through the document one more time and something caught my eye, and I just wanted to bring it to everyone's attention. Maybe you can speak to this too. The wastewater system, at the very bottom, it says, "A wastewater treatment unit will be installed to handle the wastewater, which will include a secondary treatment facility, pump station, treatment tanks and injection wells." My question for you is, on the injection wells, is there any issue there given the Maui Supreme Court ruling? (Note: At this time, Jill Raznov, applicant's representative, came forward to address the members of the Council.) MS. RAZNOV: Thank you, Member Kaneali`i-Kleinfelder. Thank you, members of the County Council and Chair David, and of course Member Kierkiewicz for introducing the bill. I'm Jill Raznov, by the way. I represent the applicant Mr. John DeWald, who's also present on the screen. Mr. DeWald may be able to answer that better than I can. I'm not sure the reference that you're making as far as the case. If you could perhaps tell me what the issue is, perhaps I could address it more. MR. KANEALI`I-KLEINFELDER: There was a Supreme Court ruling regarding the County of Maui and the use of injection wells. I don't know the whole breakdown, but I know that injection wells have become MS. RAZNOV: I do remember what you're talking about. MR. KANEALI`I-KLEINFELDER: A point of contention. It could be that their proximity to the shoreline is the issue or just in general. Either way, it just caught my attention. MS. RAZNOV: I remember that case and I don't exactly remember what the issue was in that case. I'm so sorry. I remember reading about it and then it went off on appeal. I do not believe that any of those issues have been affected. Our plans have been in the works for many years. Mr. DeWald's previous companies and now this second or third iteration of those businesses that owned this property have been developing this property since, I believe, 2017 or 2015. We have received approvals from the various agencies that are overseeing this project for the wastewater treatment plant: Department of Health, Environmental Management. We have been working with Engineering Partners on all of the infrastructure. We've been working with FEMA (Federal Emergency Management Agency) on receiving the CLOMR (Conditional Letter of Map Revision). So, I don't believe that any of those issues are implicated here. We're Page 6 Hawaii County Council-48 September 7,2022 trying our best to make sure that we do everything correctly and properly, receiving all the approvals. But I'd be happy to look into that a little bit further and follow up with you. MR. KANEALI`I-KLEINFELDER: Okay. I would say yes because if you were in motion for years and then the Supreme Court ruling happened in the middle of your process, then it could be that it was overlooked to this point. I just want to make sure that we are protecting our water resources, especially in the area. MS. RAZNOV: And just to follow up on ocean resources, we're right across from Baskin-Robbins on the highway. MR. KANEALI`I-KLEINFELDER: Yeah, you're far from the shoreline. So, if this is shoreline-specific, then it's not an issue. But if it's not, then I just want to make sure that we address it now rather than later. MS. RAZNOV: Yeah, totally. I appreciate that. Member Kaneali`i-Kleinfelder, would you prefer that I email you? How do I follow up with that? MR. KANEALI`I-KLEINFELDER: I'd like to see probably from the Department of Health that this is an approved method of discharging waste. I think it would be good for all the Council to have the information, not just me. MS. RAZNOV: Okay. I will do that. MR. KANEALI`I-KLEINFELDER: Okay. Thank you, Chair, I yield. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Ms. Kimball, go ahead. MS. KIMBALL: If I can just elucidate on the Maui decision. So, basically what the Maui decision determined is that if injection wells injected into groundwater, that was a functional equivalent of injecting directly into streams and, therefore, the ocean. So, the requirement would be that if the injection wells went into the groundwater and it was functionally equivalent, you would need an NPDES (National Pollutant Discharge Elimination System)permit. At this time, the Department of Health has not issued rules with regard to the Maui decision as to what the definition of"functionally equivalent" is, so there's still some uncertainty there. But I think Council Member Kaneali`i-KI einfelder's direction to have DOH (Department of Health) indicate that an NPDES permit is not needed at this time would probably be sufficient. Thank you. CHR. DAVID: Thank you, Ms. Kimball. Anyone else? Seeing none, all right, all those in favor of approving Bill 199 at first reading, please say "aye." Page 7 Hawaii County Council-48 September 7,2022 Vote on Bill 199: The motion to pass Bill 199 on first reading and adopt (Approved) Planning Committee Report No. 75 was carried by the following roll call vote: Ayes: Council Members Kierkiewicz, Kimball, Lee Loy, Richards, and Chair David—5. Noes: Council Members Kaneali`i-Kleinfelder and Villegas —2. Absent: Council Members Chung and Inaba—2. Excused: None. CHR. DAVID: Thank you for being here this morning. MS. RAZNOV: Thank you very much. MR. HENRICKS: For the record, it does pass first reading. CHR. DAVID: Yes. Thank you. Can we go to "Order of Resolutions" at the top, Mr. Clerk? Thank you. 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. (Note: Items in this category were taken up previously, out of order.) Res. 467-22: REQUESTS THE OFFICE OF THE COUNTY AUDITOR TO CONDUCT A (Draft 2) PERFORMANCE AUDIT OF THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT TO ENSURE THE EFFICIENT ISSUANCE AND UTILIZATION OF AFFORDABLE HOUSING CREDITS THAT INCLUDES A COMPREHENSIVE ACCOUNTING OF ALL CREDITS ISSUED, OUTSTANDING, TRANSFERRED, OR REDEEMED, AND RECOMMENDATIONS THAT ENHANCE PROGRAM CONTROLS, EFFICIENCY, AND EFFECTIVENESS Reference: Comm. 886.3 Intr. by: Mr. Inaba Approve: FC-183 Motion to Approve: Ms. Kimball moved to adopt Res. 467-22, Draft 2, and Finance Committee Report No. 183. Seconded by Ms. Villegas. Page 8 Hawaii County Council-48 September 7,2022 CHR. DAVID: Go ahead, Ms. Kimball. MS. KIMBALL: Thank you, Chair. In his absence, Council Member Inaba asked me to kind of shepherd through this next step here. We had good discussion about this in Committee. He was receptive and amended the resolution to comply with the concerns that Auditor Benner had about potential conflicts with the FBI(Federal Bureau of Investigation) investigation. So, we've got a draft, I think, that meets those needs. The Auditor is onboard. The Office of Housing and Community Development is onboard. And I think we are all looking forward to some clarity and transparency and accountability with respect to the housing credits under the current circumstances. Auditor Benner is here today if there are any additional questions for him before we proceed. Thank you, Chair. I hope I will have continued support from the rest of my colleagues. Thank you. CHR. DAVID: Thank you. Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: I just want to restate this—I've said this a few timesI just really appreciate Mr. Benner's approach. Thank you to the Council and some of the members who found him and brought him in and for being here. You're doing a great job. Thank you. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing none, all those in favor of approving Resolution 467-22, Draft 2, please say "aye." Vote on Res. 467-22: The motion to adopt Res. 467-22, Draft 2, and Finance Draft 2 Committee Report No. 183 was carried by the following (Adopted) voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David–8. Noes: None. Absent: Council Member Inaba– 1. Excused: None. Res. 477-22: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO NA MAKA HALOA O WAIPI`O Approves a grant of$119,900 to Na Maka Haloa O Waipi`o, a 501(c)(3)nonprofit organization, to protect,preserve, and restore the Pohoiki property (Tax Map Key: 1-3-008-097), pursuant to Section 10-16(h) of the Hawaii County Charter. Reference: Comm. 897 Intr. by: Ms. Kierkiewicz Approve: FC-184 Page 9 Hawaii County Council-48 September 7,2022 Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 477-22 and Finance Committee Report No. 184. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you. Just looking for everyone's continued support. Just want to take the opportunity to mahalo Aunty Annamarie Kon for all of her work to engage community and to create a program that is really going to elevate cultural- and `aina-based experiences. This particular project dovetails really nicely with all of the work that we are doing to revitalize the Pohoiki region. So again,just asking everyone for their support. Thank you. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of approving Resolution 477-22, please say "aye." Vote on Res. 477-22: The motion to adopt Res. 477-22 and Finance Committee (Adopted) Report No. 184 was carried by the following voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Res. 478-22: AUTHORIZES THE TEMPORARY CLOSURE OF THE SOUTHERN ROADWAY STUB-OUT OF KA`EKA STREET IN THE DISTRICT OF NORTH KONA, COUNTY AND STATE OF HAWAII The temporary closure would reduce loitering, littering, consumption of alcohol, and other illegal activities in this area until such time as the Council, by resolution, authorizes its reopening. Reference: Comm. 899 Intr. by: Mr. Inaba Approve: PWMTC-20 Motion to Approve: Ms. Villegas moved to adopt Res. 478-22 and Public Works and Mass Transit Committee Report No. 20. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. DAVID: Go ahead, Ms. Villegas. MS. VILLEGAS: Sure. We had a very comprehensive conversation on this resolution when it was in Committee, with support from the Police Department and DPW (Department of Public Works). I know that DPW is standing by should Page 10 Hawaii County Council-48 September 7,2022 anyone have any other questions, but it is a supported decision to improve the health and safety of this area. So, I ask for my colleagues' support for Mr. Inaba's resolution. CHR. DAVID: Thank you, Ms. Villegas. Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: I was going to wait for Mr. Inaba, but as I looked over the resolution, I mean, he's really touching on a stub-out of a street that has become an access point to areas where people can go and do things they're not supposed to be doing. I like what he's doing here. I'll be supporting this today. CHR. DAVID: Thank you. MS. VILLEGAS: Mahalo. CHR. DAVID: Anyone else? Seeing none, all those in favor of approving Resolution 478-22, please say "aye." Vote on Res. 478-22: The motion to adopt Res. 478-22 and Public Works and (Adopted) Mass Transit Committee Report No. 20 was carried by the following voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Res. 484-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KAILUA VILLAGE BUSINESS IMPROVEMENT DISTRICT, INC., FOR REIMBURSEMENT OF EXPENSES FOR ITS 4TH OF JULY FIREWORKS DISPLAY Transfers $500 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 905 Intr. by: Ms. Villegas Postponed: August 17, 2022 (Note: There is a motion by Ms. Villegas, seconded by Mr. Inaba, to adopt Res. 484-22.) Page 11 Hawaii County Council-48 September 7,2022 CHR. DAVID: Ms. Villegas, go ahead. MS. VILLEGAS: I believe that all the steps have been taken to rectify this situation. If Judge Strance wouldn't mind coming forward and just explaining where we've come to as far as an understanding of the utilization of contingency relief funds and the term "reimbursement"when an event has already occurred. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Good morning, Council. Elizabeth Strance, Corporation Counsel. At my request at the last meeting, you folks postponed consideration of this resolution based upon a concern raised by the Department of Finance that the use of contingency relief funds to reimburse for events that have already taken place may be improper under the Hawaii County Code. Following that meeting, I did research this matter and concluded that it would violate the Hawaii County Code. The reimbursement is a repayment for monies spent. As a result, the resolution seeks payment for expenses that have already been paid and for an event that has already taken place. As a result, the requested funds will not be used for this year's Fourth of July Parade and fireworks. The funds will be used for some other purpose not disclosed in the resolution. As a result, neither the Council nor the Finance Department can necessarily assess whether the funds will be used for purposes authorized by the Code. Even if the funds were sought for unpaid expenses related to this year's Fourth of July Parade and fireworks, they're not properly awarded under the Hawaii County Code Section 2-137. The eligibility in Subsection 3 states that it is for services or activities to be provided by the nonprofit organization and funded by the County, and then provides a list of the permitted uses. The use of the words "to be provided"requires funds be used for services or activities in the future, and that determination is just based upon a simple reading of several definitions in several different dictionaries. Based on those reasons, I concluded that it would not be a proper use of the fund. I went on to do some additional inquiries with the Department of Finance because there had been a statement made that this has been done in the past. And without any specific examples, I wasn't able to verify that. But my understanding is that there have been grants awarded that would provide for reimbursement, but they're still for an event that will take place sometime in the future. And so then, the organization would be submitting receipts and those sort of things to the supervising or sponsoring agency. That's the result of the research. I know that there is at least one other resolution on your agenda today that would fall into that category. I think all of us who are new come to our positions with Page 12 Hawaii County Council-48 September 7,2022 new eyes, and maybe things that are taken for granted or not looked at in the past get looked at with a different set of eyes. And I think that that's what has happened here. MS. VILLEGAS: Thank you, Judge Strance. I appreciate your attention to detail, and taking the time to so specifically and with great care present this in a way that makes it more understandable. It's kind of one of those odd ones, especially because the event was in July and the funds were from potentially a prior year and whatnot. I just want to thank you personally and professionally for helping to guide us through this. So, I believe my best step forward is to withdraw this resolution at this time. CHR. DAVID: Thay had their lights on. So, before you withdraw it, I'd like to see what Council Members have to weigh in on this one. Is that okay? MS. VILLEGAS: Sure. No problem. CHR. DAVID: All right. Ms. Lee Loy, go ahead. MS. LEE LOY: Thank you. Actually, thank you for this because I actually have some other questions around this subject. So, thank you for not withdrawing quite yet so we can keep the door open for this conversation. Thank you for that explanation, Judge Strance. So, my question is funds would need to be authorized prior to the event, right. So, what if that event occurs in the next fiscal year? So, I guess where's that line of demarcation that we're in March of next year and people are coming to us for an event in October of the next fiscal year. Are we able to grant funds? MS. STRANCE: Yes. You do have a process and it's been done a number of times by this Council just to authorize the expenditure of funds in a different fiscal year. I suppose there's an issue for contingency funds if a Council Member is terming out. It's possible to approve funds for an event that's going to take place in the future for expenses that will be paid before then. So, I'm not sure if there's a requirement necessarily, and I haven't looked into that. I talked to Council Member Villegas about the Fourth of July with the timing of our fiscal year, but I suspect a lot of expenses for a Fourth of July celebration are paid for well in advance of the Fourth of July. MS. LEE LOY: If you could provide us a bright line of understanding on things that occur in the next fiscal year. I'm getting it. If they're purchasing prior to the end of the fiscal for an event that happens after the fiscal, I guess that's what I'm looking for is that real bright line on when they expend the funds and how it works with our fiscal calendar. Thanks, Judge Strance. CHR. DAVID: Thank you, Ms. Lee Loy. Vice Chair Chung, go ahead. Page 13 Hawaii County Council-48 September 7,2022 MR. CHUNG: My concerns are along those same lines. You really did give a thoughtful explanation, but quite frankly, notwithstanding all of that, I'm prepared to vote "yes" on this thing and then let Ms. Villegas work it out with the Department of Finance to try to see what can be done. I know you're the last line of defense, so it's going to be tough for them but something can beI mean, you guys can come up with something. Because, this is really tough; Fourth of July, it happened this fiscal year. The same issues come up with DAE(District Allowance Expense), right: When can we use those monies; what if you have travel coming up in July but you want to use the previous year? And it's been allowed. I mean, I don't know what Ms. Villegas wants to do, but I'm prepared to vote "yes" and let them work it out somehow, in my opinion—only 500 bucks, right? CHR. DAVID: Thank you, Vice Chair Chung. Ms. Villegas. MS. VILLEGAS: Thank you, Mr. Chung and Ms. Lee Loy, for your comments on that. I appreciate the support. It seems that there may be a couple of other things that I overlooked in regards to this, and so I am going to go ahead and withdraw it at this time. But I'm grateful, even at my own demise or toe- stubbing, that we had the opportunity to have this conversation because it provides me, and I hope my colleagues, with a better understanding of working with Finance and moving forward as we manage our contingency relief funds even though this is just a minute amount of money in comparison. We do have significant resources as Council Members during this fiscal year, and I want to make sure that they're all being managed with the utmost of integrity and due process. So, thank you for that, Judge Strance, and I will be withdrawing it at this time. Withdraw Res. 484-22: Ms. Villegas announced the withdrawal of Res. 484-22. CHR. DAVID: Thank you, Ms. Villegas. Clerk Henricks, Resolution 484-22 has been withdrawn by Ms. Villegas. Res. 491-22: AUTHORIZES THE ACCEPTANCE OF A DONATION OF UP TO EIGHT BUSES FROM THE CITY AND COUNTY OF HONOLULU DEPARTMENT OF TRANSPORTATION SERVICES Accepts up to eight 2000 and 2002 40-foot Gillig Phantom buses, with an approximate value of$1,000 each for the Mass Transit Agency's transportation fleet. Reference: Comm. 915 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-185 Page 14 Hawaii County Council-48 September 7,2022 Vote on Res. 491-22: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 491-22 and (Adopted) Finance Committee Report No. 185. Seconded by Ms. Kimball and carried by the following voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Res. 504-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO VIBRANT HAWAII TO ASSIST WITH EXPENSES FOR ITS MAKAHIKI EVENTS IN HILO, PUNA, KAT, KONA, AND KOHALA Transfers $5,000 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. 932 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 504-22. Seconded by Mr. Richards. CHR. DAVID: Go ahead, Ms. Lee Loy. MS. LEE LOY: Just asking for my colleagues' support. CHR. DAVID: Thank you. Anyone else? Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you, Chair. Just a little latitude here. I just want to disclose that I'm a volunteer board member for Vibrant Hawaii. I co-lead a couple of their streamed resilience hubs and economy. This particular CRF (Contingency Relief Fund)would be supporting the makahiki events of resilience hubs in Council Member Lee Loy's district. There are over 40 hubs around the island; multiple hubs in all of our districts. So, I just really want to thank my colleagues for all of their support. What makahiki means is the hubs in the various communities are going to be working together. I would call it like an Obon dance coming together of community, and they'll be presenting their plans of resilience. So,just really excited about all of the work that community members have been doing to build Page 15 Hawaii County Council-48 September 7,2022 resilience from the ground up in their various communities. So, with that, wanted to disclose that but I'm also going to be recusing myself from the vote because I am a member of the board. Thank you, Chair. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, all those in favor of approving Resolution 504-22,please say "aye." Vote on Res. 504-22: The motion to adopt Res. 504-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Member Inaba— 1. Excused: Council Member Kierkiewicz— 1. Res. 505-22: 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 ZONTA CLUB OF HILO FOUNDATION FOR ITS SERVICE PROJECTS THAT ARE DEDICATED TO EMPOWERING AND INSPIRING YOUNG GIRLS Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 933 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 505-22. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Just looking for everyone's support and really want to thank my colleagues who have given so generously to the Zonta Club of Hilo. I've been involved in service projects driven by this club for over a decade, and they really do make an impact in terms of helping women and girls in our community. So,just mahalo nui everyone in advance. I yield. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, all those in favor of approving Resolution 505-22,please say "aye." Page 16 Hawaii County Council-48 September 7,2022 Vote on Res. 505-22: The motion to adopt Res. 505-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Res. 506-22: COMMITS TO FUNDING THE COST ITEMS AWARDED BY ARBITRATION TO SHOPO BARGAINING UNIT 12 AND EMPLOYEES EXCLUDED FROM BARGAINING UNIT 12 FOR THE CONTRACT PERIOD JULY 1, 2021, THROUGH JUNE 30, 2025 The estimated costs over the four years of the new contract resulting from one-time lump sum payments, across-the-board increases, step movements, and within-range progressions, would be $31,699,929. Reference: Comm. 934 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 506-22. Seconded by Ms. Kierkiewicz. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Mr. Leopoldino, can you come up to the front? Thank you for being here today. (Note: At this time, Human Resources Director Waylen Leopoldino came forward to address the members of the Council.) MR. KANEALI`I-KLEINFELDER: Introduce yourself, please. MR. LEOPOLDINO: Good morning, Chair David and members of Council. Waylen Leopoldino, Director of Human Resources with the County of Hawaii. MR. KANEALI`I-KLEINFELDER: Thank you, sir. I'll be supporting this today, but I just wanted some background information. So, Bargaining Unit 12, which members of the SHOPO (State of Hawaii Organization of Police Officers) contract does that include? MR. LEOPOLDINO: Bargaining Unit 12 are all of our police officers up until when we get to police captains. Police captains and above are considered excluded managerial positions. Page 17 Hawaii County Council-48 September 7,2022 MR. KANEALI`I-KLEINFELDER: Okay. So, this is all of our patrol. This is all of our lieutenants, everybody. MR. LEOPOLDINO: Correct. MR. KANEALI`I-KLEINFELDER: Okay. This is big as far as an increase to government cost; that's why I wanted to ask you a few questions. I mean, the total for the next four years is a $30 million increase. Correct? MR. LEOPOLDINO: Yes, correct. MR. KANEALI`I-KLEINFELDER: Okay, thank you. Bargaining Unit 92, who is that? MR. LEOPOLDINO: Bargaining Unit 92 would be considered our excluded managerial bargaining unit. MR. KANEALI`I-KLEINFELDER: Okay. So, the captains and above. MR. LEOPOLDINO: They would be more of not assigned to a salary account. The captains and above are actually Bargaining Unit 36, I believe. MR. KANEALI`I-KLEINFELDER: Okay, that's next. MR. LEOPOLDINO: Yes. MR. KANEALI`I-KLEINFELDER: Okay. So, 92 is? MR. LEOPOLDINO: (Bargaining Unit) 92 is more like contract employees, not assigned to any bargaining unit. I don't know if we have anyone in Bargaining Unit 92. The bargaining units are used statewide, so another jurisdiction may have use for Bargaining Unit 92. MR. KANEALI`I-KLEINFELDER: Okay. Part of my question is this increase is very low, so I was just trying to gauge which units are what. MR. LEOPOLDINO: Yes. MR. KANEALI`I-KLEINFELDER: Okay. Unit 36 is captain and above then. MR. LEOPOLDINO: Correct. All our excluded managerial. MR. KANEALI`I-KLEINFELDER: Okay. This is going to be a cost of $1.4 million over the next three years. MR. LEOPOLDINO: Correct. Page 18 Hawaii County Council-48 September 7,2022 MR. KANEALII-KLEINFELDER: Okay. I just wanted to just kind of sum me up of what's in here just for the general public. Thank you, Chair, I yield. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing none, mahalo for being here, Mr. Leopoldino. MR. LEOPOLDINO: Thank you. CHR. DAVID: All those in favor of approving Resolution 506-22, please say Ic aye. Vote on Res. 506-22: The motion to adopt Res. 506-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Inaba—2. Excused: None. Res. 507-22: COMMITS TO FUNDING THE COST ITEMS AWARDED BY ARBITRATION TO HAWAII GOVERNMENT EMPLOYEES ASSOCIATION UNIT 15 AND EMPLOYEES EXCLUDED FROM THAT UNIT FOR THE CONTRACT PERIOD JULY 1, 2021, THROUGH JUNE 30, 2025 The estimated costs over the four years of the new contract resulting from lump sum payments, across-the-board increases, and step movements would be $914,437. Reference: Comm. 935 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 507-22. Seconded by Ms. Villegas. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Thank you, Chair. This one was waived to Council as well, as was the last. Go ahead, Director. Please introduce yourself. (Note: At this time, Human Resources Director Waylen Leopoldino came forward to address the members of the Council.) MR. LEOPOLDINO: Good morning again. Waylen Leopoldino, Director of Human Resources with the County of Hawaii. Page 19 Hawaii County Council-48 September 7,2022 MR. KANEALI`I-KLEINFELDER: Thank you for being here. Bargaining Unit 15, who does that comprise of? MR. LEOPOLDINO: Bargaining Unit 15 is a brand new bargaining unit. Recently, the Bargaining Unit 14 employees—water safety officers—moved over to this bargaining unit. Now, they're the exclusive members of this bargaining unit. MR. KANEALI`I-KLEINFELDER: Okay. This increase is fairly small. MR. LEOPOLDINO: Yes, that's correct. MR. KANEALI`I-KLEINFELDER: Compared against some of the others, yeah, but a total of 877,000 for the next three years. Correct? MR. LEOPOLDINO: Correct. MR. KANEALI`I-KLEINFELDER: Okay. And then Bargaining Unit 75 settlement costs. MR. LEOPOLDINO: Bargaining Unit 75 would be considered the excluded bargaining unit. So, any of the excluded positions would fall under Bargaining Unit 75. Again, that bargaining unit is also used statewide around all jurisdictions. MR. KANEALI`I-KLEINFELDER: So, similar to the other, like, contracted employees, that kind of thing. MR. LEOPOLDINO: Correct. Well, Bargaining Unit 75 would be for the officer positions in the water safety officer classes, which is a very small amount. MR. KANEALI`I-KLEINFELDER: Yeah, this one is fairly small, too; actually, very small. Okay. Thank you very much, Chair. I appreciate it. MR. LEOPOLDINO: Thank you. CHR. DAVID: Anyone else? Seeing none, all those in favor of approving Resolution 507-22, please say "aye." Page 20 Hawaii County Council-48 September 7,2022 Vote on Res. 507-22: The motion to adopt Res. 507-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Inaba—2. Excused: None. Res. 508-22: 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 BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR A REIMBURSEMENT OF EXPENSES RELATED TO THE 36TH ANNUAL BIG ISLAND PRO-AM SURFING TRIALS Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 936 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 508-22. Seconded by Ms. Villegas. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: No discussion. CHR. DAVID: Thank you. Anyone else? Mr. Richards, go ahead. MR. RICHARDS: In light of what Judge Strance has stated, are we allowed to do this? CHR. DAVID: I believe Judge Strance was on her way up. You can continue, Judge Strance. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Elizabeth Strance, Corporation Counsel. This resolution would also fall within that category I described earlier. In light of the discussion, I have a couple of ideas that I would want to bounce off of the Department of Finance that may provide a pathway forward on some of these, or may make a recommendation to the Council on creating some of its own rules on how it Page 21 Hawaii County Council-48 September 7,2022 intends—what are permitted uses of contingency funds, or whether the Hawaii County Code should be amended. I would like the opportunity to vet this a little bit more with the Department of Finance. CHR. DAVID: Mr. Richards, you can continue. MR. RICHARDS: I think, given what Judge Strance has said, I might suggest that we table this or postpone this until a little bit later and get the details worked out. I have to believe, like Councilman Chung, there's a way forward, but given the conversation, I don't know what else to do. CHR. DAVID: Understood. Thank you. MR. RICHARDS: Yeah, so I yield. CHR. DAVID: All right. Mr. Kaneali`i-Kleinfelder, you want to weigh in? MR. KANEALI`I-KLEINFELDER: Question, Chair; actually, Ms. Strance. So, in the event that a resolution was passed, I mean, how tight is this deadline and how tight is the wording here? Because if we have an event that occurs and a resolution was passed, but it happened post-meeting but between the reconsideration hold, would the CRF still stand as being a reimbursement at that point because it's being approved after the fact of the event itself, or is it the date it passes Council? There's a lot of little minutiae here that I would like to see addressed. We had a good discussion about this, but it raises a lot of questions as far as, and to Ms. Lee Loy's point, what a bright line is going to look like. MS. STRANCE: The Council, for some reason, when it passed the Code provision, inserted the words "to be" instead of"for." There's other language that could have been used that would not have prevented a looking back, but it used the words "to be." One of the concerns about awarding funds after an event has happened is that County money will be spent for something other than what's in the resolution, right. There are uses of funds which are prohibited by law. So, there are restrictions for which County funds can be used. With the idea of a reimbursement for something that's already happened that wasn't approved, it's essentially an unrestricted grant to an organization because you can't necessarily account for it. So, if there are accounting procedures that allow for a retroactive readjusting, and there's a time process by which that can be done, then perhaps the County can account for its money. Typically, what I've seen—and the Department of Finance may have more experience—what I've seen for reimbursements is a receipt goes to the Department of Finance. They look at the grant, budget, and the purposes for which the grant is supposed to be used, and determine whether or not the receipt is for the stated purpose of the grant. And if so, then the reimbursement is allowed. Page 22 Hawaii County Council-48 September 7,2022 In Council Member Kaneali`i-KI einfelder's resolution, there is a list of specific items and then other expenses. So, that becomes a little bit more difficult to account for. I think that when you're talking about reimbursements, there's usually a pretty close nexus between what you're approving and what it's used for, and it really is how we're going to use the funds. So, County funds cannot be used for a purchase of alcohol, for example. So, if grant money goes into the General Fund, are they able—an unrestricted fund, is the organization able to account for the money that the County granted in the contingency fund? If there is some other way for them to account and some other way for the County to audit for the use of the funds, then that might be permitted. But I think there needs to be a little bit more clarity. The plain language of the Code provision is what it is, and it says, "to be" and not "for." That was the primary reason for the conclusion that the secondary purpose is how does the County account for money? How does a Council Member account for money that she or he granted to an organization? I had some concerns about that too. That's more on the accounting side and something that I think we can work out with the Department of Finance. As I mentioned earlier, there might be some—if the Council wants more flexibility in the use of contingency funds than other grant-in-aid funds, then you may want to revise the County Code to provide for those broader purposes, but it's a clarity issue. MR. KANEALI`I-KLEINFELDER: For this resolution particularly, do you think there's a way forward? MS. STRANCE: Possibly. I'll be candid. There have been other resolutions that have come before this Council where you have effective by a certain date that I think it was some of these provisions, but I'm not sure that I'm comfortable with recommending that without some discussion with the Department of Finance because that might get around the "to be"but it doesn't get around the accounting. So, I think it needs a broader discussion. MR. KANEALI`I-KLEINFELDER: Okay. I will be, unless there's further discussion—okay, I'll yield for now. CHR. DAVID: Thank you. Go ahead, Ms. Kimball. MS. KIMBALL: Since we have Director Sako here, I'd actually like to ask that she come forward and weigh in on this. Certainly appreciate, Judge Strance, your efforts to make sure we're following our own rules and the law, but I also appreciate that—I've got a particular instance right now where we have an event coming up. We've been trying and trying to get all the paperwork right, but the actual nonprofit is having issues. So, we're going to be right up against but the chairman asked for an extension now, under the circumstances. Page 23 Hawaii County Council-48 September 7,2022 With other CRFs, there is a report and the requirement to submit receipts from the nonprofit. So, there is that trail. Director Sako, if you can weigh in on your thoughts at this time,just to give us a little guidance. Thank you. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: It makes it challenging for any department to have to go back outside the grant period because we're assuming the grant is starting when it's approved and entered into with the nonprofit. So,now we're saying, "Okay, that's outside of the grant period,"unless we're going to backdate these agreements or agree to the period of performance, which in some cases that might be. So, current-year funds are supposed to be used for current-year expenditures, and we just need to make sure everything is happening in the right fiscal year. I think this one, the event was in the current fiscal year, so we probably can try to work something out. But I think the "to be" is what's been hanging up, and the way the County Code is written. So, if that was perhaps changed, we wouldn't have to be having these conversations. MS. KIMBALL: That's a very clear suggestion. Thank you. In your mind,just a simple amendment as well as some amendments to our own rules would be sufficient and workable for you in this regard. MS. SAKO: It would make it a lot easier, yes. MS. KIMBALL: Okay. So, we'll work on that. CHR. DAVID: Thank you, Ms. Kimball. MS. KIMBALL: Thank you. I yield. CHR. DAVID: All right. Anyone else? Mr. Kaneali`i-Kleinfelder, you're up. MS. VILLEGAS: I think I MR. KANEALI`I-KLEINFELDER: Oh, yeah, go ahead. CHR. DAVID: I didn't see your light. Sorry. MS. VILLEGAS: Sorry, I was just getting to it. One more quick question. Something that was happening, unfortunately, in the beginning part of the year is the request for being you have to go through a department, right, and my staff goes to a department to start the communication on making a request. Unfortunately, one of the departments, things were hung up for months and months. I'd love to say that I'm always on, but kind of one of those things; you Page 24 Hawaii County Council-48 September 7,2022 send it out and you're doing a million other things, and then coming back to, like, "Oh, where was that?" Then, the events, you're chasing tail in that direction. So, that's been one of the challenges as well, which puts things later and then we end up with all these deadlines. But it sounds like we have a clear step forward in creating an amendment to the Code to change the "to be"to a"for." Am I getting that correctly? And would myself and my office work with the both of you on that amendment? Or, Judge Strance, is that something you could guide us through? I just want to figure out the path forward to get the amendment processed to help Deanna's already amazingly complex world so we can eliminate some of this. MS. SAKO: It's probably something we would both work on, or at least review so that we can assure there's no accounting issues. MS. VILLEGAS: Of course. MS. SAKO: Because, we do want it to be clear it's something happening in the current fiscal year, or the expenditure needs to be made in the current fiscal year to prepare for an event. So,just to pick on, like, Fourth of July because that is the first week of the new fiscal year. Normally, the fireworks or supplies or different things are actually ordered ahead of time and paid for. So, that might actually be the previous fiscal year's expense. But it may be a portable toilet that they need that wouldn't be incurred until July 4h. So, in that case, we would prefer that whatever fiscal year July 4h was in, that those funds be used. But the budget is MS. VILLEGAS: Then that's a reimbursement. MS. SAKO: Typically approved by then. Once the budget is approved and signed into law, then you guys can be doing your recommendations or whatever. So, it would be a reimbursement, but at least if the wording was changed, we'd have it in the right fiscal year. MS. VILLEGAS: Okay, great. Well, I'll look forward to moving forward with you, Judge Strance and Deanna, and working with my staff to ideally smooth this out for all of us, reduce any risk of illegal misperceived activities. So, thank you for this. I appreciate it. CHR. DAVID: Thank you, Ms. Villegas. Ms. Lee Loy, go ahead. MS. LEE LOY: Thank you. Again, thank you to the author for allowing this conversation. Appreciate it. Reminiscent of our nonprofit grant-in-aid contracts, so I get it and I'm glad that's why it's coming up. My concern now is it's for an event to happen; they're looking for funding, right. And oftentimes, it's just a broad budget, right, which is why a lot of our contingency funds have nice round dollars. So, I'm trying to understand how we balance that. And maybe it is the Page 25 Hawaii County Council-48 September 7,2022 wording in our resolution to be more flexible with that language, right, rather than earmarking it or directing it for a specific use like security or sound system or tents, right. Does that help? I truly believe in the checks and balances of all of this that's going on right now, and so I want to do better on our side of the counter. I agree with Ms. Villegas that the departments often have to just do their work, and then to shepherd a contingency resolution on top of all of the other work tends to fall a little further down on the wayside. And we're trying to meet aproject in the community. So, I guess if we do better on our side, one, the assurance is that we'll get support from within the departments that become the pass-through. Because, I often have a budget sheet that goes to the nonprofit for them to list; if you're asking for $5,000, what is it for? So, I have a good understanding of what they're asking for. I just want to help you help us help community. Deanna? MS. SAKO: I was going to say we can't control the departments right now. All of them are extremely short-staffed. Filling positions has been challenging for everyone, so no offense if the contingency goes, like, way down. Sorry. But, yes, if there's a budget and the wording is worded right, I think Corp. (Corporation) Counsel and our department have agreed to try to work together to make things clearer, but that may take some Code changes because we still want them to follow the rules. MS. STRANCE: Just a couple of additional thoughts. The contingency fund grants are normally smaller than the grant-in-aid, but the rules for both are the same. So, it might be helpful to separate those out a little bit. The other piece, though, is, like the grant-in-aid, there's a deadline by which everybody has to submit. And you could adopt rules that a request has to be made at least 90 days before an event, and then that would put the community on notice that there are timing issues, to take into account the administrative process to set up one of these. We want to try to do it quick because some things happen. But most departments are able to manage things within a reasonable period of time, and if they're given that, then there's not as much of a problem. But I think it really depends on what this body wants to do. MS. LEE LOY: One follow-up question, Deanna. Nice round numbers: They ask for 5,000 but they submit receipts for the 3,200. The rest goes back into Fund Balance? Or into the department that the pass-through occurred? MS. SAKO: Into the department that the pass-through occurred, but they can only spend it for a like purpose. And because there wouldn't have been another contingency fund approved, it would lapse at the end of the fiscal year. MS. LEE LOY: Okay. Thank you. CHR. DAVID: Thank you, Ms. Lee Loy. Mr. Richards, go ahead. Page 26 Hawaii County Council-48 September 7,2022 MR. RICHARDS: Just wanted to make a statement that this isn't a conversation about how to figure out how not to fund things. This is a conversation, for the people listening, that this is trying to make sure we do it right. I don't want people to think that we're trying not to fund stuff. That's all, Chair. Thanks. CHR. DAVID: Thank you. Mr. Chung, go ahead. MR. CHUNG: Sorry, I was outside when all of this started. What's going on here? Is this the same issue like Ms. Villegas's after the fact? Well, you guys do what you guys got to do; I'll just vote "yes." Whether you guys sayI mean, you guys got to either approve or disapprove, right. But from our side, we do what we've got to do, and I'm prepared to vote "yes"today. CHR. DAVID: Thank you. MR. CHUNG: Hopefully you guys can figure it out. CHR. DAVID: Thank you, Vice Chair Chung. Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I don't want to belabor this. The fund request went to Parks and Rec. (Recreation) July 14. It was approved and signed July 20. Was referred to Council August 10 and lands on the meeting today, given our process. So, I think in all of that, we can go back and forth on the date. I know the approval, now, is being approved by the Council, but I think it's just good to see that timeline to understand the timeline of when it started, when it got in, when it was approved by the department, when it got to Council and was finally referred over. Is that considered in part of the "to be" funded? This actually was departmentally approved and began its process before we even got to the event. If not—I'm not looking for a huge answer here but just to give some reference to the timeline that occurred before we see it today. MS. STRANCE: The approval date is the approval date of the Council. If the Council would like to work in other soft dates, then that would be something that would either need to be built into the resolution or built into the County Code. I'm more comfortable with a County Code because it's clearer. It doesn't sound like you're fudging. MR. KANEALI`I-KLEINFELDER: Okay. I'm going to go ahead and call for the vote. CHR. DAVID: All right. Before we call for the vote, thank you, Corp. Counsel and Director, for your explanation. I think it's worth waiting—my opinion—it's worth waiting till we get some sort of an idea from Corp. Counsel. Mr. Clerk, roll call. Page 27 Hawaii County Council-48 September 7,2022 Vote on Res. 508-22: The motion to adopt Res. 508-22 was carried by the (Adopted) following roll call vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Villegas —5. Noes: Council Members Lee Loy, Richards, and Chair David—3. Absent: Council Member Inaba— 1. Excused: None. MR. HENRICKS: Motion carries. CHR. DAVID: Thank you. Res. 509-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII ISLAND HIV/AIDS FOUNDATION FOR EXPENSES RELATED TO TESTING, HEALTH EDUCATION, AND COMMUNITY OUTREACH IN KAILUA-KONA Transfers $4,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 937 Intr. by: Mr. Inaba Motion to Approve: Ms. Villegas moved to adopt Res. 509-22. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Ms. Villegas. MS. VILLEGAS: I just want to thank Peter from Kumukahi Health and Wellness for being here today and sharing in even more detail the services and important work that Kumukahi does in our community. I, myself, am extremely grateful that there is an office in Kona. I have been there and seen the work that they do and their staff, their commitment, their unconditionally open arms and willingness to provide support to people in all different kinds of circumstances. I just ask for the Council's support on this resolution brought forth by Council Member Inaba. CHR. DAVID: Thank you, Ms. Villegas. Anyone else? Seeing none, all those in favor of approving Resolution 509-22, please say "aye." Page 28 Hawaii County Council-48 September 7,2022 Vote on Res. 509-22: The motion to adopt Res. 509-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Res. 510-22: 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 THE HEALTH AND FITNESS FIELD DAY EVENTS AT HONAUNAU AND HO`OKENA ELEMENTARY SCHOOLS Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 939 Intr. by: Ms. David Motion to Approve: Ms. Lee Loy moved to adopt Res. 510-22. Seconded by Mr. Richards. CHR. DAVID: Thank you, Ms. Lee Loy. I just want to thank the testifier this morning and ask for your support. Seeing none, all those in favor of approving Resolution 510-22, please say "aye." Vote on Res. 510-22: The motion to adopt Res. 510-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Page 29 Hawaii County Council-48 September 7,2022 Res. 511-22: 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 TO ASSIST WITH EXPENSES RELATED TO THE HEALTH AND FITNESS FIELD DAY EVENTS IN WEST HAWAII 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. 940 Intr. by: Mr. Inaba Motion to Approve: Ms. Villegas moved to adopt Res. 511-22. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Ms. Villegas. MS. VILLEGAS: Just ask for my colleagues' support in moving this forward for Mr. Inaba, and for this great work being done at these elementary schools. I yield. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of approving Resolution 511-22, please say "aye." Vote on Res. 511-22: The motion to adopt Res. 511-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Res. 512-22: 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 GRASSROOTS COMMUNITY DEVELOPMENT GROUP FOR EXPENSES RELATING TO THE 2022 HAWAII ISLAND ALL NATIONS POWWOW Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 941 Intr. by: Ms. Kimball Page 30 Hawaii County Council-48 September 7,2022 Motion to Approve: Ms. Kimball moved to adopt Res. 512-22. Seconded by Mr. Richards. CHR. DAVID: Go ahead, Ms. Kimball. MS. KIMBALL: Thank you. Just asking for my colleagues' support and joining some of my other colleagues. I believe Mr. Richards was one who put forth funding for this event that will be happening on September 17 and 18 in the future. Sorry, I had to. Anyway, thanks for your support in supporting this important event. Thank you. CHR. DAVID: Thank you, Ms. Kimball. Mr. Richards, go ahead. MR. RICHARDS: I'll just put a plug in for the powwow. I called them to talk story a little bit about it, and it's going to be in Kea`au, if I recall right. They actually have people coming from the Mainland. There's a little bit of trouble with crossing the border from Canada. I know they're having trouble, but it's actually going to they're retooling it after being shut down for a couple of years. Anyway,just putting a plug in for them and, yes, I will be supporting it. CHR. DAVID: Thank you, Mr. Richards. Anyone else? Seeing none, all those in favor of approving Resolution 512-22,please say "aye." Vote on Res. 512-22: The motion to adopt Res. 512-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Res. 513-22: 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 DANIEL R. SAYRE MEMORIAL FOUNDATION TO PURCHASE WATER SAFETY EQUIPMENT FOR THE HAWAII FIRE DEPARTMENT'S OCEAN SAFETY DIVISION Transfers $4,250 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Hawaii Fire Department, Ocean Safety Equipment account. Reference: Comm. 943 Intr. by: Mr. Richards Page 31 Hawaii County Council-48 September 7,2022 Motion to Approve: Mr. Richards moved to adopt Res. 513-22. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Richards. MR. RICHARDS: This is for a watercraft purchase, and I think all of us are supporting this. I just ask for your continued support. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of approving Resolution 513-22, please say "aye." Vote on Res. 513-22: The motion to adopt Res. 513-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Res. 514-22: 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 ZONTA CLUB OF HILO FOUNDATION TO ASSIST WITH EXPENSES RELATED TO ITS "AMELIA EARHART GIRLS IN ENGINEERING DAY" EVENT Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 947 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 514-22. Seconded by Mr. Richards. CHR. DAVID: Go ahead, Ms. Lee Loy. MS. LEE LOY: Just asking for my colleagues' support. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of approving Resolution 514-22, please say "aye." Page 32 Hawaii County Council-48 September 7,2022 Vote on Res. 514-22: The motion to adopt Res. 514-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Res. 515-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO SPECIAL OLYMPICS HAWAII INC. FOR ITS AWARDS RECOGNITION AND SPORTS SIGN-UP EVENT IN WEST HAWAII Transfers $1,250 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 948 Intr. by: Ms. David Motion to Approve: Ms. Lee Loy moved to adopt Res. 515-22. Seconded by Mr. Richards. CHR. DAVID: Thank you, Ms. Lee Loy. I just ask for your support for this future event as well. Anyone else? Seeing none, all those in favor please say Ic aye. Vote on Res. 515-22: The motion to adopt Res. 515-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Page 33 Hawaii County Council-48 September 7,2022 Res. 516-22: 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 KEAUKAHA SCHOOL FOUNDATION FOR KEAUKAHA ELEMENTARY SCHOOL'S PRESCHOOL ACTIVITIES IN THE 2022-2023 SCHOOL YEAR Transfers $2,710 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. 951 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 516-22. Seconded by Mr. Richards. CHR. DAVID: Go ahead, Ms. Lee Loy. MS. LEE LOY: This is fun, actually. I wanted to talk about it a little bit. This is for our preschool kids to do a bunch of excursions: the zoo, `Imiloa, fire stations. It's always just really fun to watch the little kids kind of explore community, and this funding provides them all of the transportation. I ask for my colleagues' support. CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else? Seeing none, all those in favor of approving Resolution 516-22, please say "aye." Vote on Res. 516-22: The motion to adopt Res. 516-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Res. 517-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO VIBRANT HAWAII FOR ITS MAKAHIKI EVENT IN COUNCIL DISTRICT 9 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. 954 Intr. by: Mr. Richards Page 34 Hawaii County Council-48 September 7,2022 Motion to Approve: Mr. Richards moved to adopt Res. 517-22. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Richards. MR. RICHARDS: We've already had a brief discussion on this. Just asking for my colleagues' support. CHR. DAVID: Thank you. Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you, Chair. Again, disclosing I'm a volunteer board member for Vibrant Hawaii and will be recusing myself from the vote. Thank you. CHR. DAVID: Thank you. Anyone else? Ms. Lee Loy, go ahead. MS. LEE LOY: For my colleagues, this is done with Vibrant. But what I really enjoy about this one program is oftentimes makahiki is looked at as a celebration when traditionally it was actually used as a time to plan for the next season. This actually really is the cornerstone of community strategic planning. I really love this part of this native intelligence that actually was grounded in customary and traditional practices that we have somewhat lost sight of a little bit. So, I'm really excited how this and the hubs throughout our entire island are actually going to be utilizing this to teach community about makahiki, but more from a perspective of strategic planning for community. So, thank you, Mr. Richards and Ms. Kierkiewicz, for all of the work that goes into this. I yield. CHR. DAVID: Thank you. Mr. Chung. MR. CHUNG: When is this event? Okay, all right. CHR. DAVID: Thank you, Vice Chair Chung. Okay, seeing no other comments, all those in favor of approving Resolution 517-22,please say "aye." Vote on Res. 517-22: The motion to adopt Res. 517-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Member Inaba— 1. Excused: Council Member Kierkiewicz— 1. Page 35 Hawaii County Council-48 September 7,2022 Res. 518-22: 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 ZONTA CLUB OF HILO FOUNDATION TO ASSIST WITH EXPENSES RELATED TO ITS YOUTH- ORIENTED PROJECTS 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. 955 Intr. by: Mr. Chung Motion to Approve: Mr. Chung moved to adopt Res. 518-22. Seconded by Mr. Richards. CHR. DAVID: Go ahead, Mr. Chung. MR. CHUNG: I just ask for your support. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of approving Resolution 518-22, please say "aye." Vote on Res. 518-22: The motion to adopt Res. 518-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Res. 525-22: AUTHORIZES THE ACCEPTANCE OF A DONATION OF ONE MICROSOFT SURFACE PRO 6 WITH ACCESSORIES TO THE DEPARTMENT OF FINANCE The donation from Steven Hunt, with an estimated value of$400, would be used by the Internal Control and Transient Accommodations Tax Division. Reference: Comm. 962 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 525-22. Seconded by Mr. Richards. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. Page 36 Hawaii County Council-48 September 7,2022 MR. KANEALII-KLEINFELDER: Just a mahalo to Mr. Steven Hunt. That's all I've got. Thank you, Chair. CHR. DAVID: Thank you. Seeing no other comments, all those in favor of approving Resolution 525-22, please say "aye." Vote on Res. 525-22: The motion to adopt Res. 525-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Res. 526-22: CREATES THREE NEW FIRE COMMUNICATIONS OFFICER III (TEMPORARY) POSITIONS FOR THE HAWAII FIRE DEPARTMENT Existing personnel would be temporarily assigned to these new positions to train new Fire Communications Officer I hires and conduct on-the-job training on fire and emergency medical services communications methods and procedures. Reference: Comm. 963 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 526-22. Seconded by Mr. Richards. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: This was waived by the Fire Department to Council to expediate the process, but I don't see anybody here from the Fire Department. So, if the Council has questions, I will have them down in a jiffy. If not, we can move it ahead. It's fairly self-explanatory. I yield for discussion. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Any other questions? Seeing none, all those in favor of approving Resolution 526-22, please say "aye." Page 37 Hawaii County Council-48 September 7,2022 Vote on Res. 526-22: The motion to adopt Res. 526-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Inaba—2. Excused: None. Res. 527-22: 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 DANIEL R. SAYRE MEMORIAL FOUNDATION TO PURCHASE EQUIPMENT FOR THE HAWAII FIRE DEPARTMENT'S OCEAN SAFETY DIVISION Transfers $4,250 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Hawaii Fire Department, Ocean Safety Equipment account. Reference: Comm. 965 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 527-22. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. DAVID: Go ahead, Ms. Lee Loy. MS. LEE LOY: This is the last of the Sayre Foundation funds so they can purchase some, I think it was, watercrafts they were going to do with this one. I ask for my colleagues' support. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of approving Resolution 527-22, please say "aye." Vote on Res. 527-22: The motion to adopt Res. 527-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Inaba—2. Excused: None. Page 38 Hawaii County Council-48 September 7,2022 Res. 528-22: 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 FOOD BASKET, INC., FOR EXPENSES RELATED TO ITS COMMUNITY FOOD DISTRIBUTION Transfers $10,000 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. 966 Intr. by: Mr. Richards Motion to Approve: Mr. Richards moved to adopt Res. 528-22. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Richards. MR. RICHARDS: Thank you. Going through this whole pandemic, we've always talked about trying to get food in front of people. We know we've had a lot of food insecurity. Talking to Kristin Frost Albrecht concerning this, there is a food supply-chain problem. And the prices, we've all seen the prices go up. It's tough. The USDA (United States Department of Agriculture) does not have the food that they've been distributing like they did previously. So, costs are going up and all of the groups that are trying to feed people are struggling. So, I just ask for my colleagues' support. And if you have a few extra contingency funds, consider working with some of the groups that are feeding people. Thank you, Chair, I yield. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of approving Resolution 528-22, please say "aye." Vote on Res. 528-22: The motion to adopt Res. 528-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): Page 39 Hawaii County Council-48 September 7,2022 Bill 196: REPEALS ORDINANCE NO. 17-7, WHICH AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL– 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL– 10,000 SQUARE FEET (CN-10) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-040:004 (Planning Director Initiated) (Area: Approx. 1.000 acre) The Windward Planning Commission forwards its favorable recommendation to revert the zoning from Neighborhood Commercial to its original designation of Single-Family Residential at the request of the landowner. The property is located along the east(makai) side of Kilauea Avenue, approximately 180 feet north of its intersection with East Kahaopea Street. Reference: Comm. 913 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-73 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 196 on first reading and adopt Planning Committee Report No. 73. Seconded by Mr. Richards. CHR. DAVID: Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. This particular bill was done at the request of the property owner, which is why it's "Planning Director Initiated." They had some commercial development plans for that particular property that they're not going to be moving forward with, and so they're reverting back to the original zoning designation. I can get Planning Department on Zoom if folks have questions but it's pretty straightforward. Thank you. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none—and I believe, yes, in Planning we had a discussion on this one as well. So, thank you. All those in favor of approving Bill 196 at first reading, please say "aye." Vote on Bill 196: The motion to pass Bill 196 on first reading and adopt (Approved) Planning Committee Report No. 73 was carried by the following voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David–8. Noes: None. Absent: Council Member Inaba– 1. Excused: None. Page 40 Hawaii County Council-48 September 7,2022 Bill 197: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2023 Increases revenues in the Federal Grants —Housing Choice Voucher-Housing Project account($180,000); and appropriates the same to the Housing Ulu Wini Other Current Expenses account, bringing the total appropriation to $1,355,312. Funds would be used to subsidize operating costs required to run the Ulu Wini Housing project. Reference: Comm. 914 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-187 Vote on Bill 197: Mr. Kaneali`i-Kleinfelder moved to pass Bill 197 on first (Approved) reading and adopt Finance Committee Report No. 187. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Bill 198: AMENDS SECTION 25-8-32 (SOUTH HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—3 ACRES (A-3a) TO SINGLE- FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15) AT AINAOLA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-039:025 (Applicant: RJL, LLC) (Area: Approx. 13.838 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to apply for a subdivision of 33 lots to be sold on the open market. The property is located at the southwest corner of the Haihai Street and Ainaola Drive intersection. Reference: Comm. 919 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-74 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 198 on first reading and adopt Planning Committee Report No. 74. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. DAVID: Go ahead, Ms. Kierkiewicz. Page 41 Hawaii County Council-48 September 7,2022 MS. KIERKIEWICZ: Thank you. Pretty straightforward request; change of zone to accommodate subdividing the lots to be sold on the open market. If there are questions for this particular bill, I would ask that we postpone this measure to the next meeting, as the representative for the applicant is at a Land Use Commission meeting. We've been in communication all morning about this, but we had a robust discussion in Committee and he will be here for the next reading. Thank you, Chair. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, all those in favor of approving Bill 198 at first reading, please say "aye." Vote on Bill 198: The motion to pass Bill 198 on first reading and adopt (Approved) Planning Committee Report No. 74 was carried by the following voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. 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 120: AMENDS CHAPTER 24, ARTICLE 8, AND CHAPTER 25, ARTICLE 1 (Draft 2) AND ARTICLE 4, DIVISION 5, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PROVIDING, MAINTAINING, AND DEDICATING PARKING SPACES AND CHARGING STATIONS FOR ELECTRIC VEHICLES Requires all newly constructed "places of public accommodation"with at least 50 parking spaces to install electric vehicle chargers and dedicated parking spaces under a tiered schedule that increases the required amount of electric vehicle chargers and parking spaces every two years through 2029, and allows an additional two years for existing "places of public accommodation"that seek plan approval to meet similar requirements. Reference: Comm. 608.49 Intr. by: Ms. Kimball First Reading: August 17, 2022 Motion to Approve: Ms. Kimball moved to pass Bill 120, Draft 2, on second and final reading. Seconded by Ms. Lee Loy. Page 42 Hawaii County Council-48 September 7,2022 CHR. DAVID: Go ahead, Ms. Kimball. MS. KIMBALL: Thank you. We had excellent discussions about this in Committee and in both the planning commissions. I just want to take this opportunity one more time to mahalo the many hands that were involved in crafting this piece of legislation, from Big Island Electric Vehicle Association, Think B.I.G. (Big Island Green), the planning commissions, the Planning Department, particular Christian Kay in the Planning Department. I really appreciate all the help and just ask for the continued support as we get this over the finish line. Thank you, Chair, I yield. CHR. DAVID: Thank you. Seeing no other discussion, all those in favor of approving Bill 120, Draft 2, at second and final reading, please say "aye." Vote on Bill 120: The motion to pass Bill 120, Draft 2, on second and final Draft 2 reading was carried by the following voice vote: (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. Bill 192: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2023 Appropriates revenues in the State Grants —Career Criminal Program account ($324,512); and appropriates the same to the Career Criminal Prosecution Program account. Funds would be used by the Office of the Prosecuting Attorney for the Career Criminal Prosecution Program. Reference: Comm. 889 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: August 17, 2022 Vote on Bill 192: Mr. Kaneali`i-Kleinfelder moved to pass Bill 192 on (Adopted) second and final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Page 43 Hawaii County Council-48 September 7,2022 Bill 193: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2023 Appropriates revenues in the State Grants —Victim/Witness Assistance account ($93,371); and appropriates the same to the Aid to Victims account. Funds would be used by the Office of the Prosecuting Attorney for the Victim-Witness Assistance Program. Reference: Comm. 890 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: August 17, 2022 Vote on Bill 193: Mr. Kaneali`i-Kleinfelder moved to pass Bill 193 on (Adopted) second and final reading. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: Comm. 949: ROSALINDA LARKIN AS GUARDIAN/GUARDIAN AD LITEM OF CHARLES EDWARD LARKIN, JR., AND ROSALINDA LARKIN VS. DEREK KENISON, ET AL.; CIVIL NO. 18-00360 JAO-KJM From Deputy Corporation Counsel Lerisa L. Heroldt, dated August 15, 2022, requesting an attorney-client confidential discussion to consult with the Council regarding the above-referenced lawsuit filed by John R. Remis, Jr., Esquire, and Robert D. Eheler, Jr., Esquire, on behalf of their client Rosalinda Larkin. Motion to Close File: Ms. Lee Loy moved to close file on Comm. 949. Seconded by Mr. Kaneali`i-Kleinfelder. Page 44 Hawaii County Council-48 September 7,2022 Vote on Motion Ms. Lee Loy moved to enter into Executive Session in to Enter into order to hold attorney-client privileged discussion Executive Session: regarding Comm. 949, as authorized by Section 92-5(a)(4) (Approved) of the Hawaii Revised Statutes. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Recess: At 11:10 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 11:35 a.m. Vote on Motion Ms. Lee Loy moved to concur with the recommendation of to Concur: Corporation Counsel regarding Comm. 949. Seconded by (Approved) Ms. Villegas and carried by the following voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Vote on The motion to close file on Comm. 949 was carried by the Comm. 949: following voice vote: Filed 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. 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. Page 45 • Hawai`i County Council-48 September 7,2022 (There were none.) ADJOURN- There being no further business, at 11:36 a.m., Ms. Lee Loy moved to adjourn the MENT: meeting. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Richards, Villegas, and Chair David—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. CHR. DAVID: We are adjourned at 11:36. Mahalo, everyone. Council Approval: OCQ 2Q2 2diMhCOUNT '�1.11 JH/dg Page 46