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HomeMy WebLinkAboutMIN COUNCIL 2022-02-09 2020-2022 Hawaii County Council 32nd Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii February 9, 2022 INVOCATION: Keanokualani Perreira, a I Oh grade student at Ke Kula `o Nawahiokalani`opu`u, gave the morning's invocation, along with her classmates. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 1:00 p.m., in the Council Chambers, Hilo, by Ms. Maile Medeiros David, Chair. ROLL CALL: Present: Ms. Maile Medeiros David, Chair Mr. Aaron S. Y. Chung, Vice Chair Mr. Holeka Goro Inaba, Member Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member Ms. Heather L. Kimball, Member Ms. Susan L. K. Lee Loy, Member Ms. Rebecca Villegas, Member Absent& Excused: Mr. Herbert M. "Tim" Richards, III, 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, Ms. David and Mr. Chung presented a Certificate of Merit to EXPRESSIONS OF Ms. Patricia Nakamoto in recognition of her 35 years of service with the Elections CONDOLENCE: Division and congratulated her on her retirement from Hawaii County.) Recess: At 1:14 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 1:17 p.m. Hawaii County Council-32 February 9,2022 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: Paul Normann: Bill 101 (Comm. 550), in support. (representing Neighborhood Place of Puna and Community Alliance Partners) Kristen Alice: Bill 101 (Comm. 550), in support. (representing HOPE Services and Community Alliance Partners) Beverly Yates-Tese: Bill 102 (Comm. 551), in opposition. Kawehi Inaba: Res. 306 (Comm. 593), in support. 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 of Minutes: December 22, 2021, and January 5, 2022. Seconded by (Approved) Mr. Inaba and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. (There were none.) CHR. DAVID: Right now, I would request that we take one resolution out of order and that is Resolution 308-22, Mr. Clerk. 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-32 February 9,2022 Res. 308-22: HE `OLELO HO`OHOLO E HO`IKE ANA `O PEPELUALI KA MAHINA `OLELO HAWAII MA KE KALANA O HAWAII `Ike no ka `Aha Kalana i ka waiwai o ka Mahina `Olelo Hawaii no ka ho`ola o (sic) ka `olelo Hawaii. A RESOLUTION RECOGNIZING FEBRUARY AS MAHINA `OLELO HAWAII IN THE COUNTY OF HAWAII The County Council recognizes the importance of Mahina `Olelo Hawaii in the revitalization of the Hawaiian language. Reference: Comm. 599 Intr. by: Mr. Inaba (Note: At this time, Kalani Stoleson, student at the University of Hawaii at Hilo- College of Hawaiian Language, came forward to provide translation of `Olelo Hawaii for the members of the Council, other meeting participants and public viewers.) CHR. DAVID: Mr. Inaba, go ahead. MR. INABA: Mahalo. He not e `apono i ka `Olelo Ho`oholo 308-22. MR. STOLESON: A motion to approve Resolution 308-22. Motion to Approve: Mr. Inaba moved to approve Res. 308-22. Seconded by Ms. Lee Loy. CHR. DAVID: Mr. Inaba, go ahead. MR. INABA: Ae, aloha `auinala kakou a aloha Mahina `Olelo Hawaii. MR. STOLESON: Good afternoon, everyone, and happy month of Hawaiian Language to you all. MR. INABA: Mahalo, a ua makemake au e ho`omaka me ko`u leo mahalo is Kalani Stoleson, kona ho`i hou `ana mai i keia la e mahele `olelo no keia halawai. MR. STOLESON: First off, I wanted to take this time to thank Kalani Stoleson for returning today to help with translation of the Hawaiian Language. MR. INABA: Ae, a i keia la, ua kono `ia kekahi mau hoa o ke Aukahi `Olelo Hawaii, e fauna me makou a ka`ana i ko lakou hana (sic) ma keia mea `o ka `olelo Hawaii. Page 3 Hawaii County Council-32 February 9,2022 MR. STOLESON: Today we have invited some members within the Hawaiian Language restoration movement to come forward and share their thoughts regarding the `Olelo Hawaii in this Hawaiian Language month. MR. INABA: A `o ka ma`amau, haku `ia kekahi o na `olelo ho`oholo o na pila ma ka Pelekania a laila unuhi `ia i ka Hawai`i, aka, ha`aheo a hau`oli au i keia la `oiai ua haku `ia keia `Olelo Ho`oholo ma ka Hawai`i a laila unuhi `ia ma ka `olelo Pekekania. MR. STOLESON: Usually, these kinds of motions are written first in English and then translated into Hawaiian, but today I am honored and pleased that our motion has been composed first in Hawaiian and then translated into English. MR. INABA: Oiai `o ka `olelo Hawaii ka `olelo mua o keia pae`aina i ho`ohana nui `ia he `olelo ola no ke Aupuni, no na kula, a me na `oihana, a me ka hale pule o ke Aupuni M6'!— MR. oiMR. STOLESON: Whereas the Hawaiian Language is the first language of the Hawaiian archipelago that was used as a living language for government, school, for business and for church during the Hawaiian monarchy MR. INABA: ua ho`oia ma ka `Aha `Elele Hana Kumu Kanawai o ka makahiki 1978, he `olelo kuhelu ka `olelo Hawaii, i like kona kulana me ka Pelekania. MR. STOLESON: And whereas in the Constitutional Convention of 1978, the Hawaiian Language was recognized as an official language of the State whose status is equal of that to the English language MR. INABA: Ua makemake au e ho`ike i keia Kalana, i keia `Aha ho`i, i ka waiwai o ka `olelo Hawaii ma ko kakou hana (sic) ma ke aupuni. MR. STOLESON: I wanted to show this Council the value of the Hawaiian Language within these contexts, and within governance. MR. INABA: Ua makemake au e mahalo hou aku i ke kula `o Nawahiokalani`opu`u, ko lakou ha`awi `ana i ka pule i keia la a me ka `olelo no`eau no keia halawai. MR. STOLESON: I also wanted to thank the students of Nawahiokalani`opu`u for sharing the pule that opened the meeting as well as the `olelo no`eau and the speech that opened our meeting today. MR. INABA: A i mea e ka`ana ai ke kaiaulu `olelo Hawaii, makemake au e kono mua is Pualani Kaho`ohanohano mai ka `Aha Punana Leo mai e ka`ana i kekahi mau mana`o. Page 4 Hawaii County Council-32 February 9,2022 MR. STOLESON: I would first like to invite Pualani Kaho`ohanohano to come forward and show some of her thoughts and comments regarding the Punana Leo in the Hawaiian Language movement. (Note: At this time, Pualani Kaho`ohanohano of`Aha Punana Leo came forward to address the members of the Council.) MS. KAHO`OHANOHANO: Aloha mai kakou, `o wau `o Pualani Kuali`i Kaho`ohanohano. No Hilo wau. He makua a he limahana wau ma ka `Aha Punana Leo he iwakaluakumalima makahiki a `oi. MR. STOLESON: I am Pualani Kuali`i Kaho`ohanohano. I am from Hilo, and I am a parent and have been an employee of Aha Punana Leo for over 25 years. MS. KAHO'OHANOHANO: He mahalo palena `ole is `oukou ka hapai `ana i keia `Olelo Ho`oholo a me ka hapai pu i ka `olelo Hawaii, i ola mau ko kakou `olelo makuahine, `ea. He lanakila keia no ko kakou lahui Hawaii, no ka mea, no kakou ke kuleana, ina `a`ole no kakou, no wai? MR. STOLESON: I want to express my sincere gratitude to you all for bringing this resolution forward and for supporting the Hawaiian Language so that our mother tongue may continue to thrive. This is a victory for our Hawaiian Nation. This is our responsibility. If we don't carry it forward, who will? MS. KAHO`OHANOHANO: Ane`ane piha he kanaha makahiki, ko ka `Aha Punana Leo `imi `ana i ke ola o ka `olelo Hawaii. I keia manawa, he `umikumakolu kula kamali`i Punana Leo ma o (sic) ka Moku`aina. O na kula Punana Leo ke kahua o ke ala kaia`olelo Hawaii. Mai ka pepe a i ke kula ki`eki`e a i ke kula...kulanui, `o ka pahuhopu, `o is ho`i ka ho`okuluma `ia `ana o ka `olelo Hawaii ma `o (sic) Hawaii nei. MR. STOLESON: The `Aha Punana Leo has strived for the vitality of the Hawaiian Language for nearly 40 years. There are now 13 Punana Leo children's schools throughout the State. These Punana Leo schools are the foundation of Hawaiian Language medium instruction from infancy on to high school and university with the goal of normalizing the Hawaiian Language throughout Hawaii nei. MS. KAHO`OHANOHANO: A no laila, mamake pu au e mahalo i na kumu kaia`olelo Hawaii. No lakou ke kuleana e `i`ini a e a`o no ka pono o ka nui. E ola ka `olelo Hawaii! Mahalo nui. MR. STOLESON: And therefore I want to thank all Hawaiian Language medium teachers, because they bear the responsibility to strive to teach for the benefit of us all. May the Hawaiian Language live. Page 5 Hawaii County Council-32 February 9,2022 MR. INABA: Mahalo nui e Pualani. E `olu`olu, e P5'ani, e Kele mai i ka pakaukau o mua a ka`ana i kou mana`o, ke `olu`olu. MR. STOLESON: Mahalo Pualani. P5'ani may please step forward and share your thoughts. (Note: At this time, P5'ani Kelsen came forward to address the members of the Council.) MR. INABA: A, ina hiki ke ho`olauna mua is `oe iho. MR. STOLESON: If you could please introduce yourself. MR. KELSON: E na 1515 hanohano o keia `Aha Kanihela (sic) o ke Kalana o Hawaii nei. O au `o P5'ani Kelson, a loa`a ia`u ka hanohano i keia 15 ka hiki `ana mai i `elele ma ka `ao`ao o na `ohana a pau o ke kula `o Nawahiokalani`6pu`u, aloha. MR. STOLESON: Aloha, Council Members. I am P5'ani Kelson. I have the honor of coming forward in front of you today to represent the Kula `o Nawahiokalani`6pu`u. Aloha. MR. KELSON: Aia i loko o ka nupepa Ke Aloha `Rina, ua kakau mai kona tuna ho`oponopono `o Joseph Kaho`oluhi Nawahi i keia mau `61elo penei: "`O wai kou makuahine? O ka `aina n6. O wai kou kupunawahine? O ka `aina n6." MR. STOLESON: And inside of the Nupepa(`O wai kana nupepa) MR. KELSON: Ke Aloha `Aina MR. STOLESON: Ke Aloha `Rina, the Honorable Joseph Nawahiokalani`6pu`u shared these words, "Who is your mother? It is the `aina. Who is your grandmother? It is the `aina." MR. KELSON: A pololei n6 ho`i ke15. O keia `aina ko kakou makuahine. Nana e hanai mai is kakou. Nona ko kakou ola. A ina `o ka `aina ko kakou makuahine, `o kana `61elo, e kapa `ia he `61elo makuahine. MR. STOLESON: And it's true. (E `olelo hou, ke `olu`olu) MR. KELSON: O keia `aina ko kakou makuahine. MR. STOLESON: This land is our mother. MR. KELSON: Nona mai ko kakou ola. Page 6 Hawaii County Council-32 February 9,2022 MR. STOLESON: It is from this land that we live. Because of it, we live. MR. KELSON: A me is mana`o, e kapa `ia ka kakou `olelo o keia `aina, he `olelo makuahine. MR. STOLESON: And because of that, we call the language of this land the mother tongue. MR. KELSON: Na wai e `ole ke akamai? E like me ka Keanolani i hapai mai, na wai e `ole ke akamai? He ala i ma`a i ka hele `ia e o`u makua. MR. STOLESON: Who can dispute the knowledge when it is a well-worn path that has been tread by my ancestors. MR. KELSON: Nui keia `ano mana`o kaulana o keia `aina. Aia ko kakou ola i loko o keia `aina nei. Aia ko kakou ola i loko o keia `olelo o keia `aina. MR. STOLESON: This is a really important thought because our life is within this land, and essence is within this land. MR. KELSON: A no laila, no keia `olelo ho`oholo e hapai `ia nei, ke mahalo aku nei is `oukou e na 1515 hanohano o keia `aha. MR. STOLESON: And regarding this resolution, I wanted to thank all of you for bringing it forward. MR. KELSON No ka mea, he ho`okahi hou ke`ehina keia i mua i ka ho`oko `ana i ka `olelo a ko kakou makuahine. MR. STOLESON: Because this is just one further step towards reestablishing our mother tongue. MR. KELSON: Maopopo no na`e he ho`oluhi paha keia. MR. STOLESON: I understand that this, however, may be tiring. MR. KELSON: Mahalo ka luhi pu `ana mai. MR. STOLESON: Thank you for becoming tired with us today. MR. KELSON: Ka`u po`e haumana, [`o] Pomaika`i kekahi, ke puka aku ka`u mau haumana mai ke kula, kapa `ia lakou he mau luhi lakou. MR. STOLESON: My students are a blessing (sic) as well. When they exit school, they're "tired" as well, a source of tiredness. Page 7 Hawaii County Council-32 February 9,2022 MR. KELSON: (A source of tiredness) no ho`i. Aka `o keia luhi, `a`ole is he luhi e kani ai ka `uhu. MR. STOLESON: However, that tiredness, it's not something to whine about. MR. KELSON: He luhi ha`aheo a hanohano keia. MR. STOLESON: It's something to be proud of. MR. KELSON: A no laila ko makou mahalo is `oukou i keia la. MR. STOLESON: So therefore we want to thank all of you today. MR. KELSON: `O ia. Mahalo. MR. INABA: Mahalo is `oe e P5'ani. A `o ka hope o ko makou hoa kipa i keia la, `o is `o Pomaika`i Iaea mai ke Kulanui `o Hawaii `o Ka Haka `Ula o Ke`elikolani no ho`i. Kalani, hiki ke mahele`olelo? MR. STOLESON: `A, e kala mai. And now I'd like to bring forward Pomaika`i, who is representing Ka Haka `Ula O Ke`elikolani, the Hawaiian Language College at the University of Hawaii at Hilo. (Note: At this time, Pomaika`i Iaea of the University of Hawaii at Hilo's Hawaiian Language College came forward to address the members of the Council.) MS. IAEA: Ae, aloha popohe lehua is `oukou a pau, e na kanaka o keia `aha. `O wau iho no keia `o Pomaika`i Iaea. He keiki noho papa au o ka `aina `o Molokai a he keiki i Tawe hanai `ia i keia `aina `o Hilo, Hawaii. MR. STOLESON: Aloha to you all. My name is Pomaika`i Iaea. I am a native of Molokai Island, and I was raised here in Hilo. MS. IAEA: `O wau pu no ho`i kekahi luhi o ke kula `o Nawahiokalani`opu`u. He haumana laeo`o o Ka Haka `Ula a he kumu `olelo Hawaii ma Ka Haka `Ula o Ke`elikolani. MR. STOLESON: I am likewise a source of tiredness from the School of Nawahiokalani`opu`u. I am a graduate of the Ka Haka `Ula undergraduate program, and I am a master student there. MS. IAEA: Ma ka pomaika`i, `o keia ho`i ka La Kulaia ma ka kakou... ka makou Koleke e ho`ohanohano `ia ai `o Luka Keanolani Kanahoahoa Ke`elikolani i keia la. Page 8 Hawaii County Council-32 February 9,2022 MR. STOLESON: By chance, today is the La Kulaia, where we at the Hawaiian Language College celebrate Ruth Keanolani Kanahoahoa Ke`elikolani. MS. IAEA: I loko ho`i o keia la a me na la `e a`e a pau, e no`ono`o mau ana makou is ia, ke ali`i, a e hahai ana i kana mau hi`ohi`ona kanaka e ola ai kakou ma keia `aina. MR. STOLESON: And in this day and every day,we remember her as someone who was steadfast in her nature as a Hawaiian, a Kanaka Hawaii in her culture and her language. MS. IAEA: Ua pa`a `o Hale `Olelo i ka makahiki `elua kaukani `umikumamaha, a i kapa `ia `o Hale `Olelo, `o is ka hale a Ke`elikolani i koho ai e noho ma Kona. I loko no o ka hiki ke noho ma na `ano hale nani ali`i like `ole, ua kupa`a `o is i loko o kona `oia`i`o, a ua koho `o is e noho ma ka hale pili `u`uku `o Hale `Olelo. MR. STOLESON: The building, the Hawaiian Language building called "Hale `Olelo"was built in 2014, and it's named after the hale pili, the grass house that Ke`elikolani chose to live in, in Kailua-Kona. Despite the fact that she could have lived in any kind of palace and comfortable setting that she wanted to, she chose to live in the traditional way. MS. IAEA: He la`anahe ho`okahi wale no la`ana keia o na la`ana like `ole a pau e Ke`elikolani ai `o Ke`elikolani. MR. STOLESON: This is just one example of the many ways in which the Princess Ke`elikolani was herself. MS. IAEA: A e like me ka`u, i loko o keia la a me na la `e a`e a pau, e ho`omana`o ana i ka makou mau ali`i, e like me Ke`elikolani, a na kanaka `olelo Hawaii o ke au i newa akula a e ho`omau a e kupa`a ana makou i loko o ka makou `olelo `oia`i`o o ka `aina me ka mahalo pu `ana ho`i is `oukou ke kako`o `ana mai i keia nee `ana o ke aukahi i mua. MR. STOLESON: And it is each and every day that we bring with us a remembrance of our ali`i as these role models for our culture, and that we remain steadfast in our language and our culture that we have inherited from ancestors. And I wish to thank all of you for moving this forward and putting this motion forward to advance our Hawaiian Language. MS. IAEA: `Ae, a ho`okahi hou mana`o...a i loko o ka holo `ana o na la a me na mea `e a`e a pau a puni ka honua, e mau ana makou ma `ane`i ma ka hana nui, ma ka ho`ola i ka `olelo Hawaii i na la a pau, ma hope ho`i o ka la o Pepeluali, ka mahina ho`i `o Pepeluali. Ma `ane`i ana makou e hull ana ka lima i talo, a kani mo`opuna. Page 9 Hawaii County Council-32 February 9,2022 MR. STOLESON: And one more thought and that is that we will remain here. This day forward we will continue to be steadfast in our language and our culture onward into further generations beyond us. MS. IAEA: `O ia, mahalo nui. MR. INABA: Mahalo is `oukou e na `elele, ko `oukou ho`ea `ana i keia la e ka`ana mana`o me makou, ka `Aha Kalana no no ka `oukou hana nui, Kana ho`oluhi paha. MR. STOLESON: Thank you for sharing all of these thoughts concerning the revitalization and continuance of Hawaiian Language, and yeah, sometimes it is a tiring task, I'm sure. MR. INABA: A me keia mana`o, ua makemake wau e lohe paha i kekahi mau mana`o mai ko`u mau hoa ma ka `Aha Kalana. MR. STOLESON: And with that, I would like to hear any other thoughts and comments from my esteemed colleagues of the Council. CHR. DAVID: Thank you, Mr. Inaba. Mahalo. Councilmembers? Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Mahalo nui, Chair. And I know a lot of gratitude has been shared, you know, by folks to this body, but really the gratitude is to you, Council Member Inaba, for really taking the initiative to elevate Mahina `Olelo Hawaii. I mean, it's been really exciting to see all of the graphics in social media, to hear radio personalities integrate it into their morning show; and then you've taken another step further and have integrated it here into the practice of Hawaii County Council meetings which is a huge step in recognition of the importance of the revitalization of the language. And language is so important, right? It is an expression of our culture it's how we pass down values and traditions, it's how we create a sense of community. So thank you for everything that you have done. I know it took a lot of work to make it all happen. But I think you're all very appreciative of this experience. So mahalo no kau Kana nui. Thank you, Chair. I yield. CHR. DAVID: Thank you, Ms. Kierkiewicz. Ms. Villegas, go ahead. MS. VILLEGAS: Well I think Ms. Kierkiewicz summed it up really beautifully. From a time speaking with Chair David of a different time, when the Hawaiian Language was—an attempt was made to kind of snuff it out, and her stories about even just her name really touched me so constantly. To be able to sit here today and speak the languageI'm sorry, listen to the language being spoken with such eloquence and passion and style, it just—it's so soothing. It makes me want to Page 10 Hawaii County Council-32 February 9,2022 choke up. But I get I just, it's like something being realigned to where it's meant to be. So thank you, Holeka, for bringing your passion for the language and your knowledge and wisdom and connecting with these incredible teachers who are bringing back and perpetuating and committed throughout time and space for this language that is so relevant to this land and our people. So mahalo you for that. Mahalo, Maile, for your stories and sharing and your personal legacy. And thank you all for being here today and sharing this with a powerful,powerful movement with us. Mahalo. CHR. DAVID: Mahalo, Ms. Villegas. Ms. Lee Loy, go ahead. MS. LEE LOY: Yeah, thank you, Chair. Really the thanks does go to Council Member Inaba, but many may know my family is very involved with the Hawaiian Language. So for me, this has been an incredible evolution when a lot of this conversation really started in a garage, about how we would revitalize the language. And it would start with our keiki, right, and start in the preschools. And back then, it was just one. And that one spawned off and are now 13 which now also includes not only a K-12 program, but a college program. So thank you for just rounding out the last 25 years of a movement in which now we have that vibrant and thriving right here in our Council chambers. And I wanted to walk back to nupepa, right? Because many, many years ago, before we were even a State, a lot of County and State businesses was conducted in Hawaiian Language. So to see this entire evolution is just heartwarming and incredible. And yes, we're along for a tired, tired ride. Thank you, Council Member Inaba. I will be supporting this resolution whole-heartedly. Chair, I yield. CHR. DAVID: Thank you, Ms. Lee Loy. Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Mahalo, Chair. Mahalo, Mr. Inaba, for bringing this forward. Well done. It's one thing to put a resolution together. It's another to incorporate so many different aspects of our community into that resolution and have it all put together in one nice piece like you've done today. So mahalo for that. Mahalo to some of our community members from different schools, but I kept hearing Nawahi. And that does happen to be in my district as well as in my counterparts' Districts 4 and 5. So mahalo to you folks. It's a blessing to hear the Hawaiian Language in our chambers. And to the point where we have to have a translator to translate for us, I did briefly take Hawaiian Language in college, enough to pick out words here and there, about the same as I know Spanish. But it's just right. That's about as much as I can say. It is right, given the history and what has happened in the State and pre-Statehood, and to the people of Hawaii to come this far and kind of come full circle from where it Page 11 Hawaii County Council-32 February 9,2022 was not allowed. Almost all aspects of culture pushed aside and buried under a different culture, and then to come to this point now where we're incorporating back into our government what should have always been. So mahalo for bringing it this far. You have my support. My children and my wife are kanaka, and I support them the best that I can. So this is amazing for me. So mahalo for being here today. Mahalo Mr. Inaba, appreciate it. Thank you. I yield. CHR. DAVID: Mahalo, Mr. Kaneali`i-Kleinfelder. Ms. Kimball, go ahead. MS. KIMBALL: Thank you, Chair. As usual, my colleagues have been so eloquent so I'm not going to repeat everything that they said so beautifully. But I did want to add my mahalo to you, Council Member Inaba, for not just putting forth this resolution, but bringing this whole experience for all of us and those watching to view today. And thank you to our guest, our translator for your help. There's an expression, "Action speaks louder than words," and I think what we saw today is that sometimes words alone can be just as powerful. So thank you. CHR. DAVID: Mahalo, Ms. Kimball. Mr. Chung, go ahead. MR. CHUNG: I've got to speak right, unless people mistake my silence for not caring. I certainly support the resolution, and I want to echo what Ms. Kierkiewicz said. She said it so eloquently. You know, I wish I could say stuff as deep as some of you. The words that you guys just really resonate. But for me, it's I just kind of think about the words that I heard about being tired. It's not tiring at all. It was actually quite entertaining to me. You know, I would listen, try to catch some of the words you know, I don't know the Hawaiian Language much, but I kind of heard some words. And then I listened to Kalani translate so skillfully, then listen again, back to Kalani, and it was just—what a great experience to me. Sorry, I wish as I said I could say stuff like Ms. Lee Loy, but that's what I got from it. It was really good, and thank you so much, Holeka, for bringing this to a different level. CHR. DAVID: Thank you, Mr. Chung. Anyone else before I say my two cents? MR. INABA: He mana`o ka`u (sic) ma hope o kou mana`o. MR. STOLESON: I have some comments to share after you share your two cents. CHR. DAVID: Mahalo, Mr. Inaba. Well you know, sitting here and listening to this meeting being conducted entirely in `olelo, we've done so many resolutions before this County Council and I must say that this in my almost 70 years of living is the most powerful resolution that I have experienced as a Native Page 12 Hawaii County Council-32 February 9,2022 Hawaiian. And I really thank you, Holeka, because for most of my life, I yearned to be tired. There was no opportunity. When I was your age, it was banned, outlawed. So my journey today, Holeka, I have so much aloha for you. That you have shared something that I thought would never happen in my lifetime. And having gone through the powerful sovereignty movement, even then I was unable to speak the language. It is soI can't describe. But what I can describe today is my heart is so happy. I mean you will not know how deep this whole resolution and the recognition that you brought forward, and the manner in which you've done it, HolekaI'm happy. And I will say that before I leave this Council, Holeka and Kumu Keala(Ching) will allow me and bless me with trying to conduct this meeting in `olelo. And so thank you for that, and that's a promise. I have a few months to do it. I'm not as receptive in my junior kupuna age of learning, but I will try. And that's a promise to all of you. I really thank you folks for being here today because what you've shown me is something that I just thought it was a dream when I was a kid. So you know, Mr. Inaba, I'm sending you a big hug right now. So you can go ahead, and I yield, with a lot of aloha for you. MR. INABA: Mahalo, Chair David. He mea ko`iko`i a he mea waiwai ka ho`ike `ana `o ka Mahina `Olelo Hawaii keia. MR. STOLESON: It's very important and valuable to show, to demonstrate, that this is Hawaiian Language month. MR. INABA: Aka nae, `o ka mea nui ka ho`ohana a `o ka ola o ka `olelo Hawaii, no laila, ho`opili `ia kekahi mau hua`olelo, kekahi mau mamala`olelo o hope o keia `Olelo Ho`oholo i hiki is kakou a pau ke ho`a`o e ho`ohana i ka `olelo Hawaii ma ko kakou hana (sic) i na la a pau. MR. STOLESON: However, the most important thing is using this language and speaking it. So with that in mind, I've attached a sheet with some phrases and Hawaiian Language words at the back of this resolution. MR. INABA: Ai mea e ho`ike [ai] i ke kako`o mai [a] ka `Aha Kalana a me ke ke`ena o Mayor Roth, makemake wau e kono is Cyrus e Kele mai a ka`ana i kekahi `olelo kukala, ke `olu`olu. MS. STOLESON: And to demonstrate the support of this Council as well as the Mayor's Office, I would like to invite Cyrus to come forward and share some commentary. Page 13 Hawaii County Council-32 February 9,2022 (Note: At this time Executive Assistant to the Mayor Cyrus Johnasen came forward to address the members of the Council.) MR. JOHNASEN: Mahalo nui. Welina mai me ke aloha. Mahalo keia hui `ana o kakou. MR. STOLESON: Fondest greetings to you all. Thank you that we are all gathering here today. MR. JOHNASEN: `O wau `o Cyrus Koaokalani Johnasen. No Hilo mai au. No keia `aina nei mai au. MR. STOLESON: I am Cyrus Koaokalani Johnasen, I am from Hilo, I am from this land. MR. JOHNASEN: Hana wau ma ke Ke`ena o Meia Roth. Ai `ane`i nona. MR. STOLESON: I work in Mayor Roth's office. I work for him. MR. JOHNASEN: A...No laila, eia no he palapala kukala no ka ho`ohanohano a ho`okulaia mau `ana i ka mahina `olelo Hawaii. MR. STOLESON: So this is a document of proclamation for the support of the Hawaiian Language month. MR. JOHNASEN: E heluhelu ana wau no ke Ke`ena o ka Meia. MR. STOLESON: I will be reading on behalf of the Mayor's Office. MR. JOHNASEN: "Whereas, language is a verbal expression of cultural beliefs, memories and traditions, and is a foundation for our indigenous peoples; and "Whereas, like many indigenous languages around the world, `Olelo Hawaii has a history of suppression and became an endangered language with generations of young people denied access to their cultural heritage; and "Whereas, without Hawaiian expression, the Hawaiian way of thriving as a lahui was dramatically disrupted leading to cultural conflict and despair, causing loss of cultural and health practices; and "Whereas, in the 1970's, the Hawaiian Language revitalization movement began with focus on linguistic immersion and education to rearrange what was lost, with perseverance, determination, and mana instilled by their kupuna, the leaders of the movement nurtured our endangered language to strengthen and grow; and Page 14 Hawaii County Council-32 February 9,2022 "Whereas, in 2012 with an amendment to the Hawaii Revised Statutes subsection 8-24, `Olelo Hawaii was one of two official State languages in Hawaii, and provided that the month of February be designated as `Olelo Hawaii month; and "Whereas, this measure was the first act to be codified in Hawaiian in Hawaiian an English and states, `Mahina `Olelo Hawaii' - E `ike mau a e kapa `ia ana a`e ka mahina `o Pepeluali `o is ka Mahina `Olelo Hawaii, i mea e ho`omaika`i a e paipai aku ai i ka `olelo `ana o ua `olelo makuahine nei la." MR. STOLESON: From this point forward, may the month of February forever be recognized as Hawaiian Language month to support the continuance and life of the Hawaiian Language. MR. JOHNASEN: "; and Whereas, linguistic education is seen as a vital part of a broader cultural revitalization, today there are 12 Punana Leo schools, and 21 Hawaiian immersion and Hawaiian medium education schools statewide. The University of Hawaii system offers college degrees in Hawaiian Language and Hawaiian Medium education, and the Hawaiian Duolingo course was launched in 2018. "Now Therefore, I, Mitchell D. Roth, Mayor of the County of Hawaii, do hereby proclaim the month of February 2022 as Mahina `Olelo Hawaii in the County of Hawaii, and celebrate and encourage the use of the Hawaiian Language through which we perpetuate the culture of our `aina and its people. "In witness whereof, I have hereunto set my hand and caused the seal of Hawaii County to be affixed, done this 9h Day of February 2022. In Hilo, Hawaii, signed Mitchell D. Roth, Mayor of Hawaii County." In closing: he leo mahalo keia is `oukou pakahi a pau no ke kupa`a mau `ana i mea e ola ai ka kakou `olelo makua no na hanauna e hiki mai ana me keia mahina a me na mahina a pau loa. MR. STOLESON: This is a voice of gratitude to all of you for supporting this Hawaiian Language and the continuance of it and celebration of it for this month and every month afterward, as our mother tongue. MR. JOHNASEN: E ola mau ka `olelo Hawaii. E o. MR. STOLESON: May the Hawaiian Language forever live. E o. MR. INABA: Mahalo, a eia ko`u mana`o hope, a no na haumaMahalo e Cyrus—no na haumana e nana ana mai ke kula `o Nawahiokalani`opu`u a me na haumana hou a`e, a... he ho`ike keia, e mau ana ko kakou kuleana, a he wahi ko`iko`i ka...ko ka `olelo Hawaii ma na wahi like `ole a ma ke Aupuni ho`i kekahi. Page 15 Hawaii County Council-32 February 9,2022 MR. STOLESON: And my final comment, I wanted to recognize the students of Nawahiokalani`6pu`u and other students in the Hawaiian Language movement, that Hawaiian Language has an important place here in this context and in Hawaii nei. MR. INABA: A me keia, he leo kako`o a he leo mahalo hou i ka`u (sic) mau hoa no keia wa ho`omanawanui, wa ho`oluhi. MR. STOLESON: And so I would like to thank my fellow Committee Members, Council Members for their support, and for continuing through this time of exhaustion. MR. INABA: Mahalo. CHR. DAVID: Mahalo a nui, Councilman Inaba. And right now, any other comments? If not, I'll take the vote on the resolution. All those in favor of approving Resolution 308-22, please say "aye." Vote on Res. 308-22: The motion to adopt Res. 308-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. CHR. DAVID: I will take a short recess at the request of Councilman Inaba. We are in recess. Recess: At 2:05 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 2:09 p.m. CHR. DAVID: We're taking this meeting out of recess. Mr. Clerk, can we do Reports? PC-42 NOMINATION OF WAYNE K. DE LUZ TO THE WINDWARD PLANNING (Comm. 577): COMMISSION Requires Council Confirmation by: February 11, 2022 (Section 13-4(k), Hawaii County Charter) Page 16 Hawaii County Council-32 February 9,2022 Vote on PC-42: Ms. Lee Loy moved to adopt Planning Committee Report (Adopted) No. 42. Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. PC-43 NOMINATION OF DAVID A. WISEMAN TO THE BOARD OF APPEALS (Comm. 578): Requires Council Confirmation by: February 11, 2022 (Section 13-4(k), Hawaii County Charter) Vote on PC-43: Ms. Lee Loy moved to adopt Planning Committee Report (Adopted) No. 43. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. GOREDC-21 NOMINATION OF ERICK ALLENDE TO THE BOARD OF ETHICS (Comm. 576): Requires Council Confirmation by: February 11, 2022 (Section 13-4(k), Hawaii County Charter) Motion to Approve: Ms. Lee Loy moved to adopt Governmental Operations, Relations, and Economic Development Committee Report No. 21. Seconded by Ms. Villegas. (Note: At this time, nominee Erick Allende came forward to address the members of the Council.) CHR. DAVID: Mr. Allende, thank you for your patience for being here. I don't believe we have any questions but thank you and congratulations. MR. ALLENDE: Thank you very much. Page 17 Hawaii County Council-32 February 9,2022 CHR. DAVID: You're welcome. All those in favor, please say "aye." Vote on The motion to adopt Governmental Operations, Relations, GOREDC-21: and Economic Development Committee Report No. 21 was (Adopted) carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. PRPSC-31 NOMINATION OF JENNIFER YADAO TO THE LIQUOR COMMISSION (Comm. 579): Requires Council Confirmation by: February 11, 2022 (Section 13-4(k), Hawaii County Charter) Vote on PRPSC-31: Ms. Lee Loy moved to adopt Parks and Recreation and (Adopted) Public Safety Committee Report No. 31. Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. CHR. DAVID: And now let's move to Bill 119. Bill 119: AMENDS ORDINANCE NO. 21-39, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2021 TO JUNE 30, 2022 Adds the Police East Hawaii Animal Control Facilities and Renovations project for $2 million to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or Other Sources. Reference: Comm. 606 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Page 18 Hawaii County Council-32 February 9,2022 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 119 on first reading. Seconded by Ms. Villegas. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. We do have Ms. Wana here to discuss the pleasantries of the bill. If you would kind of give us some background. We have the CIP (Capital Improvement Project)report in our folders in front of us but give us some details if you can. (Note: At this time, Police Major Aimee Wana came forward to address the members of the Council.) MS. WANA: Sure. Is this on? MR. KANEALI`I-KLEINFELDER: Yup, you're on. Introduce yourself, please. MS. WANA: Good afternoon, Council Members. My name is Major Aimee Wana. I'm with the Hawaii Police Department. I am currently tasked with animal control or overseeing the animal control program under the Police Department. The securing of a permanent housing facility for an East Hawaii shelter is an integral part of the success of this animal control facility—animal control program, correction. Our former contractor had some severe problems going into the initial contract. And the biggest problem was the lack of a facility. This facility will provide us with adequate space and will help us meet the needs of the community. Currently, due to insufficient space, we are only responding to priority-one calls. And this will lead into what the current—the County is committed to a pilot project for the next two years for animal control. If we are able to obtain this facility, we will be able to start looking at expanding services to the other priorities as well as the other stray animal issues. Our current facility that we are renting houses approximately 21 we have 21 kennels, and that is only contracted till the end of June. The County Code does require the County to pick up these stray animals. And in order to be able to conduct that business, we need to have a place for these animals to go. This facility will also provide us space for isolation of sick or injured animals, as well as their care. And it will also provide a place for staff to work adequately. Right now, we're in very confined quarters and very close to each other. This funding will also provide much-needed repairs at the Kona shelter, which is a County facility which has seen probably better days and is in need of much TLC (tender loving care). Currently, animal control receives between 30 and Page 19 Hawaii County Council-32 February 9,2022 50 telephone calls at the Kona shelter. Having this additional space will allow additional staffing to be housed there, and also allow us to respond to the numerous calls. Currently, we have 138 animals in our facilities, which is a large number, given that we are not really prepared for that many animals. To note, if any of you have seen the news, we have made some tremendous strides. Just yesterday, we were able to get the assistance of Kawika to retrieve a dog that was lost in a lava fissure, if you will, up in the Mountain View-Volcano area. We've been able to lean on multiple entities: the Fire Department, to retrieve a calf that was stuck down a little bay along the cost of the Hamakua Coastline. We got a goat out. So, we have a lot of success stories, and I think the animal control program has a lot to offer the County. And I think that we'll be able to make some marked progress. And I think, with the ability to obtain this facility, we will be able to hopefully alleviate some of the pressure on some of the animal rescue partners that we work with that are currently taking in animals and housing animals. To date, we have taken in over a thousand animals. Of those, we have transferred nearly a thousand of them. We have been able to redeem, since our inception in July, redeem over 200 animals to their owners. While the reunification process is not always a positive one in that we are only rehoming 200 out of over a thousand animals, it is still a process that we are continuing to work on, and we try to make reunification as quick as possible. MR. KANEALI`I-KLEINFELDER: Okay, thank you for that. Just to run through this real quick. It's titled the "East Hawaii Animal Control Facilities and Renovation,"but we're talking about both West Hawaii and East Hawaii. So, how does that work? How does that lay out? MS. WANA: So, it's a purchase of the facility in East Hawaii as well as making some foundational repairs to be able to function in West Hawaii, or continue to function in West Hawaii. MR. KANEALI`I-KLEINFELDER: Okay. And then, where are we in the acquisition process? MS. WANA: At this time, I understand that an assessment has been made, and I'm not sure if (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MR. KANEALI`I-KLEINFELDER: Thank you. MS. SAKO: So, we have done an appraisal of the property, and we're in active negotiations. So it's pending, basically, the appropriation, to be able to move Page 20 Hawaii County Council-32 February 9,2022 forward. But there is some work that would need to be done to the property. So, why the acquisition amount is less than this, we do need to take care of some cesspools and modify it to septic tanks so that we would be in compliance with the law. MR. KANEALI`I-KLEINFELDER: Can't we disclose where the place is yet? MS. SAKO: Puna. MR. KANEALI`I-KLEINFELDER: Puna? MS. SAKO: Puna. MR. KANEALI`I-KLEINFELDER: I'm just going to say I have a lot of folks in my community where we have current facilities, and they're not happy because of the amount of noise that is outputted from those facilities. And I'm saying that— MS. hatMS. SAKO: I can say we're acquiring an existing kennel. MR. KANEALI`I-KLEINFELDER: Yeah. MS. SAKO: Not the one we are currently using. MR. KANEALI`I-KLEINFELDER: Okay. So to speak on behalf of the community, there's concern that wherever it ends up being, if it's in a neighborhood, it's going to keep people up all night long, which is what a current facility has done, and it has just caused MS. SAKO: You mean the current one in Mountain View? MR. KANEALI`I-KLEINFELDER: Yup. The one near J. Hara Store. MS. SAKO: Yes. This is not that one. MR. KANEALI`I-KLEINFELDER: Thank you. But, any facility, I think it would be very smart of us to make sure that we're not going to wear down the community where it ends up being. MS. SAKO: I hear what you're saying. MR. KANEALI`I-KLEINFELDER: Okay, thank you. That's about the best I can do to be MS. SAKO: But we also need a place to keep the animals. So, this is to get services moving faster. Page 21 Hawaii County Council-32 February 9,2022 MR. KANEALI`I-KLEINFELDER: Okay. On that note, I know we've taken this on as a County. Animal control service is usually something we have used other nonprofits for or other agencies and taken this on has been a handful. I do appreciate how far we've come so far. Thank you, Deanna. Thank you, Ms. Wana, for what you're doing. A lot of the community is looking to you to really grab this by the reins. I think you have, and I know you have a lot of work to still be done to get to where you need to be and where we all need to be. So, I appreciate what you're doing. I'll be supporting this today. And thank you for being here to answer questions. And thank you, Deanna. I appreciate that. I know we can only discuss so much, yeah. Okay, thank you. I yield, Chair. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Ms. Villegas, go ahead. MS. VILLEGAS: Aloha, Officer Wana. Thank you for being here. We've had lots of conversations, and my heart continually goes out to you because this project landed in your lap and this responsibility. And animal lovers are a unique, very passionate group of people that I don't know if any of you got those emails about the cat legislation or something up at the State level for eradication. I was, "Wow!" But I'm just so excited to see this today because I get a lot of different phone calls in the Kona area and from a lot of passionate people about the state of animals and those that need help, and who can help and how do we help. And one of the things I said to them was "Please come testify at our community night for our budget hearings. And please come testify and ask for more funding to be allocated to this department and the Police Department." So, seeing this here today really makes me happy and grateful and excited that you are in line to get the resources necessary in order to be successful in this position because it's already such a sticky topic. But without the resources, facilities, and staff to do the job, you're getting set up to fail. And so, I'm really excited to see this already coming forward. So, congratulations. I'll be supporting this wholeheartedly. Thank you for your continued graciousness and patience and flexibility, you know, creating something that I think, in the years to come, we're going to be proud of as a County and turn around, kind of, the reputation our island has about animal control. So, thank you so much. I yield. CHR. DAVID: Thank you, Ms. Villegas. Mr. Inaba and then Ms. Lee Loy. MS. LEE LOY: Thank you. Aloha, Major Wana. Thank you for leading all of these services. I have a question, Director Sako. Just in terms of this finance part, because I know this bill is saying we are putting it into Police's East Hawaii Animal Control Facilities and Renovations, but the intention is to use some of the Page 22 Hawaii County Council-32 February 9,2022 funding in Kona. And there seems to be, like, crossover in the impact statement. It says, "District 8"but the TMKs (tax map keys) are in Puna and—it's been made expressively clear what the intent is. But just— MS. ustMS. SAKO: I'm sorry, yes. It started out as a combined FIS (Fiscal Impact Statement), and we ended up separating it. So, this appropriation is primarily for East Hawaii. We are working on a funding ordinance that would also include West Hawaii. We do know we need to make repairs to West Hawaii. They are actually doing a study to determine if it's salvageable or if we need to get a new facility for West Hawaii. It was out of use for a while and the age is showing. So, I think when we separated it, we did not do—I did not do a good job of proofing this. But the intention of the appropriation is primarily for East Hawaii. MR. INABA: For the acquisition and making sure we're in compliance. MS. SAKO: Yes. MR. INABA: Okay. MS. SAKO: So, whatever updates we might need to make. But DPW (Department of Public Works) has an R&M (Repair and Maintenance) account that can be utilized for the West Hawaii shelter repairs. MR. INABA: Okay. Thank you so much. Chair, I yield. CHR. DAVID: Thank you, Mr. Inaba. Ms. Lee Loy, go ahead. MS. LEE LOY: Thank you and thank you to my colleagues. Deanna, actually maybe hang out for a second. Yeah, that's where I was: I'm seeing East Hawaii; I'm seeing MS. SAKO: Yeah, my bad. I really—some of these things go in at the last minute. I apologize. MS. LEE LOY: No, don't worry about it. MS. SAKO: The district numbers I usually catch. My bad. MS. LEE LOY: Yeah, thanks for clarifying that. I wanted to walk back to some of the information Major Wana said about renting the 21 kennels. And we're going to wind that down. And this is in East Hawaii, correct, the 21 that we're renting? MS. SAKO: Yeah, that's the Mountain View-ish area, yeah. MS. LEE LOY: And then how many more kennels do we get with this new acquisition? Page 23 Hawaii County Council-32 February 9,2022 MS. SAKO: I am sorry. Hamana is on vacation this week. It's more. It's enough to—it's significantly more and it's enough that everyone looked at it, and it's adequate to do what we need to do, including caring for the caged animals that we have, as well as the strays. So, there should be sufficient space. In addition, there's additional space acreage that we could expand if we have to. MS. LEE LOY: Great here, everything I'm hearing. So, what we're paying in rent for the stalls, is that going to also be infused to the purchase and acquisition of this new site or is that to help MS. SAKO: What we would save in rent would go towards the program because MS. LEE LOY: Program, okay, MS. SAKO: They have many more needs for the program, as well as we're looking at next year's budget as well and we are updating. Now that we know, we're carrying out the program. We're trying to budget accordingly. MS. LEE LOY: Perfect. So, we actually have the rent, which would probably move into the program itself. So, we'll have the facility. I don't know. Usually, CIPS are three years. Are we confident we'll get through this particular CIP within the three-year funding of a CIP program? MS. SAKO: We are very close to acquiring now, yes. MS. LEE LOY: Okay, great. MS. SAKO: Yeah. We just had to wait for the appraisals so that we knew kind of what the ballpark dollar amount was. MS. LEE LOY: Okay. And then finally, and I don't know and maybe this is something to explore for the West Hawaii shelter because Mr. Richards shares there's a lot of work to be done there. Deanna, maybe I don't know if because this is a program that's charted to us, that maybe fair share might be a way to offset some of the costs. Just kind of putting it out there. We have it for Police and Fire and Parks. I don't know if that would be MS. SAKO: We'll get Corporation Counsel to determine if animal control falls under Police, yes. That would be the only option. MS. LEE LOY: Right? And this is expanding facility, which is how we actually can tap fair share monies. And I'm just trying to be very creative here with the funding so that we can actually create bigger synergies with the various funding sources that we have. So, in addition to this being a CIP project, but the project running the program itself. Just thinking out loud, Deanna. Page 24 Hawaii County Council-32 February 9,2022 MS. SAKO: Yeah. MS. LEE LOY: Okay. MS. SAKO: I hear you. Yes. My mind is wondering. MS. LEE LOY: Wondering. All right. MS. SAKO: Thinking on it. Yeah, we'll have to talk to Corp. (Corporation) Counsel, but I don't think it's quite as clear, but yes. We'll find out. MS. LEE LOY: See a way through. It's expanding services, which is kind of the crux MS. SAKO: That part I don't have a problem with, yeah. It's just if it falls into one of our categories. MS. LEE LOY: All right. Perfect. Thank you, Chair, I yield. Thank you, Deanna. Thank you, Major Wana, for being here. CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else? Oh, Ms. Kimball and then MS. KIMBALL: Yeah. I'm actually going to recuse myself from decision-making on this. And that means you're going to have to wait for Council Member Chung to come back for the vote, I think, because you need two-thirds on this, yes? Yeah. Okay—without me yes, you do. CHR. DAVID: Okay. MS. KIMBALL: Maybe the folks in the room can answer this better than I can. You folks know my spouse. He does, sometimes, design work for the County. We've never talked about this, but I do recall, "Oh, what did you do today?" "Oh, I went over to the Kona shelter." So,just in the interest of caution, I'm just going to—do you know, Deanna? MS. SAKO: Seriously, this appropriation is only for East Hawaii. So, even though, we did mismark it on the FIS. I'm not Corp. Counsel but I think you're good because it's only for East Hawaii, and we're acquiring a shelter that we haven't done any consulting on. MS. KIMBALL: Thank you for that. I appreciate it. Okay, I guess I will withdraw my comment about recusing myself, and I'll go ahead and vote on this. Thank you. Page 25 Hawaii County Council-32 February 9,2022 CHR. DAVID: Thank you, Ms. Kimball. Anyone else before I go back to Mr. Kaneali`i-Kleinfelder? No? Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALII-KLEINFELDER: Just a comment. When we had our Humane Society doing most of our intake at the shelter they have in Kea`au, it was very apparent when they did not renew their contract with us that we had no facility in East Hawaii, but in West Hawaii we did. And we had the Parker Ranch facility as well. But what was glaring was how much a County facility would help down the line, whether or not the County maintains doing animal control or not. So, I really like the direction this is headed because if we do go back to someone else doing animal control services, we can offer a facility in East Hawaii, which is, I think, absolutely crucial. So, thank you for taking this step. I forgot to mention hat, but that's something I thought about, about a year ago when I realized it all just went haywire when we lost the contract with Humane Society. So, thank you. I yield. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing none, before I take the vote, I would just like to say thank you to Ms. Wana. You have been so responsive during a period of time when we were in dire straits and then the transition. So, I just wanted to personally say thank you. You're so appreciated. All right, thank you. All those in favor of approving Bill 119 at first reading, please say "aye." Vote on Bill 119: The motion to pass Bill 119 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Richards —2. Excused: None. CHR. DAVID: Thank you. Could we possibly just move back to Bill 114, please? Bill 114: AMENDS CHAPTER 15, ARTICLE 9, SECTION 15-72, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY ADDING KAMEHAMEHA PARK TO THE FARMERS MARKET FACILITY SCHEDULE Allows a farmers market to be established and operated at Kamehameha Park in Kohala. Reference: Comm. 600 Intr. by: Mr. Richards Waived: PRPSC Page 26 Hawaii County Council-32 February 9,2022 Motion to Approve: Ms. Lee Loy moved to pass Bill 114 on first reading. Seconded by Mr. Inaba. CHR. DAVID: Ms. Lee Loy, go ahead. MS. LEE LOY: Thank you. For my colleagues, I'm just helping Mr. Richards do this. In the audience today, we have Director Maurice Messina from the Parks Department; and I'm hopeful, Mo, if you could please come forward. This particular addition to add the farmers market in, which is the Kamehameha Park over in Kohala, I guess, Hawi, was actually driven by community. Right, Mo? And if you don't mind sharing with my colleagues. (Note: At this time, Parks and Recreation Director Maurice Messina came forward to address the members of the Council.) MR. MESSINA: No problem. Good afternoon. Maurice Messina, Director of Parks and Recreation. Yes, this is driven by community, but it's also in line with our goal to establish a farmers market in each one of our districts, at least one park in each of the districts. This is important because if the farmers market is in one of our County parks, we only charge $5 per day per vendor. All the money that gets paid for the vending fees goes right back into the park. We've seen success at Pahoa. We've seen success at Hakalau Veterans Park. We've established Mo`oheau Park as well. Just in case something happens with the Hilo farmers market, we can help out those vendors there. And so far, we've been very successful. And the only thing that I have left to say is anybody who is out there in Pahoa and they have fresh vegetables, we would love to have you at our Pahoa farmers market where we're hurting on that one right now. MS. LEE LOY: Thank you, Mo. And this is actually in alignment with something Ms. Kierkiewicz mentioned about food and resiliency closer to community. I want to thank Mr. Inaba and Ms. David on behalf of Mr. Richards. This was advanced through Committee. So, we're only seeing it now here at Council. He is asking for everyone's support. And he also has been in touch with the vendors at this farmers market, and they're very well aware that if there is another event, that they will be adjusting their schedule. So, it really is kind of a collaborative effort between the farmers market and the other uses at this facility. MR. MESSINA: Yes, Council Member Lee Loy. We're very cognizant. We try to be very careful about where we put the farmers market. So, making sure we have enough parking, exactly which park we put into it. Ms. Faye Yates in Kohala is really pushing this along, and Aunty Faye is really working hard on this. We got everything set up. Page 27 Hawaii County Council-32 February 9,2022 We've also been in talks with two nonprofits to bring a farmers market to Old A's (Old Kona Airport) in Kona, and we're also looking at the Pahala Community Center in Ka`u. And if we do that, we'll establish one on each and then, lessons learned from there, to establish more. MS. LEE LOY: Thank you, Director Messina, for being here. So, on behalf of Mr. Richards, asking for your support. I yield. CHR. DAVID: Thank you, Ms. Lee Loy. Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I was able to go through the same process with help from Mo. It was little bit lengthy, but we got it done. And Madie Greene was able to run a nonprofit and take over the farmers market in Pahoa, which has been, to me, a success and just a really amazing opportunity for the community. And I was excited to help get that through, and it's been a learning curve for all of us. But ultimately, when you have a local nonprofit or a group running a farmers market at an extremely low price in a County park, you've just combined sustainability for our communities, fresh local products or goods, whatever it might be, to our community, and utilizing a park. And I kept telling Mo, the grand vision I see in my head is a beautiful thing where you have people from the community going to a farmers market to buy local goods but in a County park, where we have bathrooms and baseball fields and soccer. And you can just combine all of these events into one, and it would be the highest and best use of our County facilities, and I just love it. So, I'm excited to see this go through. I'll give my full support on this. And kudos to Mr. Richards for making this happen, or through Parks and Rec. (Recreation). But good job. Thank you. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Mahalo nui, Chair. Thank you, Mo. And I wish Council Member Richards was here so I could extend my gratitude to him as well. But clearly, you have a framework for how you can bring markets to our different County assets, and I just see it as another way of adding more value to our Parks and Rec. facilities. Just a general question. Are other features of the park impacted if a community then decides that they want to operate a farmers market out of their park? And the reason why I bring that up was,just a few weeks ago, we were doing the pop-up for Revitalize Pohoiki, and it was told to me that the skate park was closed for the duration of the farmers market. So,just curious about the use and availability of these assets, particularly on the weekends when that's the time usually families and keiki frequent our parks. So, what's the general policy? Page 28 Hawaii County Council-32 February 9,2022 MR. MESSINA: So, if you go around to the parks on a Sunday, Sundays are generally our lowest usage day in our parks. Saturdays, holidays, very big. If you specifically look at Pahoa farmers market, we specifically did not put it in the upper fields because when baseball, softball, all that starts up again, it'll cause a bit of an issue. We were able to talk with the skate folks and get them to move back, and we just opened it up at one o'clock. It's no different than us just trying to schedule everything else in the parks. We work specifically with the recreation director at that facility and the nonprofit that's running it, to make sure that we have it on a specific day that will have the least impact possible at the park. MS. KIERKIEWICZ: Okay. Thanks for explaining that. I really appreciate the coordination with community. MR. MESSINA: You're welcome. MS. KIERKIEWICZ: Again, it's just another way that we can be bringing fresh produce to community. Like you said earlier, we need to get our Pahoa farmers to understand that this resource is there. I saw all kinds of different knickknacks and other cooked food items but no fresh produce. So,there are certainly ways in which we can maybe get the word out there that there is this opportunity. Thanks, Director. MR. MESSINA: So, real quick,just wanted to add on something with that. Aunty Faye is in Kohala. They've started going around to every single house, giving out free seeds so that people can grow more and more so that when we actually do get started up, there's going to be fresh vegetables and they can help support just all the local families. High school kids as well, they're really doing a push to have the high school kids grow and then come to the farmers market and sell their produce. It's going to be a real positive experience. MS. KIERKIEWICZ: Oh, I love that, building up the next generation of farmers. That's wonderful. Really excited for the North Hawaii community once this ordinance is adopted. Thank you, Chair, I yield. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, Director Messina, thank you so much for coordinating this, and especially excited for Pahala and getting something done in South Kona and Ka`u. So I'll be calling you. Thank you. All right, all those in favor of approving Bill 114 at first reading, please say "aye." Page 29 Hawaii County Council-32 February 9,2022 Vote on Bill 114: The motion to pass Bill 114 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David–8. Noes: None. Absent: Council Member Richards – 1. Excused: None. CHR. DAVID: Thank you. I think if we move to 106—Director Rodenhurst, you're here for? I'm going to take 106 first and then I'll take you next. Okay. All right, then let's do 106. Bill 106: AMENDS SECTION 25-8-23 (VOLCANO –MT. VIEW ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL, 20,000 SQUARE FEET (RS-20) TO VILLAGE COMMERCIAL, 10,000 SQUARE FEET (CV-10) AT `OLA`A SUMMER LOTS, PUNA, HAWAII, COVERED BY TAX MAP KEY: 1-9-004:051 (Applicant: Raja Daggula) (Area: 0.838 acre) The Windward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to construct a three-unit short-term vacation rental complex consisting of three one-story single-family dwellings and a six-stall parking area. The property is located on the north side of Old Volcano Road, approximately 335 feet west of its intersection with Wright Road in Puna. Reference: Comm. 572 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-44 and Comm. 572.2: From Council Member Ashley L. Kierkiewicz, dated February 2, 2022, transmitting proposed amendments to Bill 106. Motion to Approve: Ms. Kierkiewicz moved to pass Bill 106 on first reading and adopt Planning Committee Report No. 44. Seconded by Ms. Lee Loy. (Note: At this time, Planning Director Zendo Kern and applicants Raja Daggula and Shalini Kapoor came forward to address the members of the Council.) CHR. DAVID: Go ahead, Ms. Kierkiewicz. Page 30 Hawaii County Council-32 February 9,2022 MS. KIERKIEWICZ: Thank you, Chair. I did transmit a communication with proposed amendments from the applicant. And if you don't mind, in order to have a discussion around this, I'd like to move to amend Bill 106 with the contents of Communication 572.2. Motion to Amend: Ms. Kierkiewicz moved to amend Bill 106 with the contents of Comm. 572.2. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead. MS. KIERKIEWICZ: Thank you, Chair David. And I'm hoping we can have a fluid conversation because while I did introduce this measure as Chair of Planning, this is also in your district. So,just want to be really cognizant of that. And if I could please call forward the representative for the applicant, Mr. Daryn Arai, with support from Mr. Sidney Fuke. (Note: At this time, Planning Consultants Daryn Arai and Sidney Fuke, representatives of the applicant, came forward to address the members of the Council.) MS. KIERKIEWICZ: Aloha, gentlemen. Great to see you again. Daryn, you're taking the lead here. MR. ARAI: Yes. MS. KIERKIEWICZ: Just a quick overview. We've all seen it. We've all read it. But for folks that are kind of tuning in, an overview of this amendment. It's really to address concerns around ensuring that the community, specifically the Volcano Community Association, remains engaged through the development process for this particular project. MR. ARAI: Daryn Arai, assisting the applicant, Raja Daggula. I'm from Hilo. And I'm sorry; you have Robin today. Batman has to leave probably in abut, Council Member Kierkiewicz, I couldn't have said it any better than how you presented it. The applicant appreciates the favorable recommendation that was brought forth by Committee as well as the Windward Planning Commission and even the Planning Director in determining that the proposed request to rezone this property to Village Commercial 10,000 (square feet) zoning district is the appropriate land use pattern for this particular area of Volcano. The applicant was not deaf to the concerns that were being expressed by the community, especially from the Volcano Community Association. So, with that being said, the proposed amendment took Condition K, which basically memorializes the commitment of the applicant to put into place a mechanism by which he will be forever committed to engaging the community association, and not only for the proposed short-term vacation rental but for any use that may be Page 31 Hawaii County Council-32 February 9,2022 contemplated upon the subject property. And the whole purpose again being to make sure it fits in with the character of the particular area but also in recognition of the importance of protecting the `ohi`a tree canopy that exists on the subject property. So, the applicant is supportive of the proposed amendment to Condition K, as introduced. MS. KIERKIEWICZ: Thank you very much, Mr. Arai. And I know that we have our Planning Director Mr. Zendo Kern joining us via Zoom. Director, have you had a chance to review the proposed amendment language from the applicant? MR. KERN: I have. Thank you. MS. KIERKIEWICZ: Okay. And you are in agreement with what they are proposing? MR. KERN: Yeah. They're proposing it and they're okay with it. I'm in agreement with it. Leave it at that. MS. KIERKIEWICZ: No, that's good. I mean, I think this is also a model for Planning Department to just consider going forward, ensuring that the communitya very important stakeholder—is engaged every step of the process. Mr. Arai, anything else to add? MR. ARAI: Sure. And I'll be remiss to also note that the applicant Raja Daggula and his wife, Shalini, is joining us today on Zoom as well. MS. KIERKIEWICZ: Aloha, it's great to see you. Thank you for sticking it out with us and for your presence today at Council. We really appreciate you being here. Thank you, Mr. Arai, for your work. Sidney, thank you for your work on this. I'll be supporting this amendment, but again, also want to hear the mana`o from the representative from the district. Chair, I yield for now. Thank you. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? No? All right, well then, I really want to say thank you to you folks, Daryn and Mr. Fuke, because the discussion at committees, if you recall, I had some reservations because of some of the testimony. And what I did manage to do is I spoke to some of the reps (representatives) for the Volcano Village Association. And I did disclose the proposed amendment. And what I did find out, number one, was the fact that it was going to be a hosted type. That addressed some of the concerns because, if you know, there's a lot of areas or vacation rentals within the Volcano outskirts, yes, that the problem is no one's there, no monitoring, etcetera. So, it sort of appealed to the member that I was talking to that it would be hosted. Number two, it is within the plan for Volcano Village that these types of zonings be confined to that area, you know, along where Cooper Center and the lodge is. So, it kind ofI mean, I know there's disagreements between community Page 32 Hawaii County Council-32 February 9,2022 members whether it should or shouldn't, but I think the long vision for Volcano Village was to concentrate these types of zone changes within that specific area. So, I really want to say thank you for the amendment because it adds the although you folks or the Planning Director has the authority to do or make the decision, you folks added that extra element that will keep the community involved. And I think putting a 30-day deadline was very smart because we don't want to delay the process any longer, but you do have the opportunity to inform the community as we move forward. So, I really appreciate your efforts in this. And my thanks to the applicant. Mr. Daggula, is that how you say your name? Mr. and Mrs. Daggula? I don't want to MR. DAGGULA: Yes. CHR. DAVID: Mispronounce it. MR. DAGGULA: Daggula is yes and Shalini Kapoor. CHR. DAVID: But I really appreciate your patience and your understanding as we work this through, especially since I was the only vote that was a negative vote in the Committee discussions. So, I'm very pleased with what has evolved, and I think I'm very confident now. And I want to thank you guys for MS. DAGGULA: Thank you. CHR. DAVID: Your cooperation and understanding through this process. So, I will be supporting this amendment. MS. DAGGULA: Thank you so much. CHR. DAVID: I'm sorry. Go ahead. MS. DAGGULA: No, I said it's been our pleasure, and we really appreciate the thoroughness with which you guys are evaluating and making it work for everyone. Thank you so much also. CHR. DAVID: All right. Mahalo for that. MR. DAGGULA: Even though there was only one vote, we wanted to, like, see what we can actually work out and actually get all in favor. That was actually what we were planning with the Planning county, they actually tried to do that. So, thank you. CHR. DAVID: Thank you. All right, Council Members, all those in favor of amending Bill 106 with the contents of Communication 572.2, please say "aye." Page 33 Hawaii County Council-32 February 9,2022 Vote on Motion The motion to amend Bill 106 with the contents of to Amend: Comm. 572.2 was carried by the following voice vote: (Approved) Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. CHR. DAVID: Back to the main motion; Bill 106, as amended. Any discussion? Seeing none, all those in favor of approving Bill 106, as amended with Communication 572.2, at first reading, please say "aye." Vote on Bill 106: The motion to pass Bill 106, as amended to Draft 2, on first Draft 2 reading and adopt Planning Committee Report No. 44 was (Approved) carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. CHR. DAVID: Thank you so much, gentlemen, for being here. And Mr. and Mrs. Daggula, mahalo again. MR. DAGGULA: Thank you. MS. DAGGULA: Mahalo. CHR. DAVID: Okay, Mr. Clerk, 116 please. Page 34 Hawaii County Council-32 February 9,2022 Bill 116: AMENDS ORDINANCE NO. 21-39, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2021 TO JUNE 30, 2022 Adds the Public Works Waianuenue Avenue Bridge Modernization project to the Capital Budget: County ($517,500) and Federal ($1,656,000). Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund— Fund Balance and/or Other Sources ($517,500) and Federal Grants Receivable ($1,656,000), and would be used for planning, design, and management costs. Reference: Comm. 604 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 116 on first reading. Seconded by Ms. Villegas. (Note: At this time, Public Works Director Steven Rodenhurst came forward to address the members of the Council.) CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: We have the Director up here from Public Works. If you could, sir, give us a little background. MR. RODENHURST: Yeah, mahalo. Ikaika Rodenhurst, Director of Public Works. It won't be as easy as it is to say to build the bridge. I'm not saying that it's impossible, though. This is important to the community. It's important for our island. It's important for emergency services in the area. This is the bridge that leads up to Hilo Medical Center. This is on Waianuenue Avenue. This is going to be used to improve the structural and safety improvements and address some hydrologic and hydraulic studies and increase the capacity to handle a hundred-year storm design. So, that's kind of, in a nutshell, what we're going to be doing here for this project. We believe it's important and we're also going to be getting some FEMA (Federal Emergency Management Agency) funds for this. So, we really appreciate the support to get this done. I think it's important. And as previously mentioned, we're going to be building bridges and repairing some of the ones we have right now. So, I'm happy to answer any questions and thank you. MR. KANEALI`I-KLEINFELDER: Thank you. Thank you, Mr. Rodenhurst. I'm going to yield, Chair, for Mr. Chung. Page 35 Hawaii County Council-32 February 9,2022 CHR. DAVID: Thank you. Mr. Chung, go ahead. MR. CHUNG: Hi, Ikaika. You said structural hydrologic. You said what? What word? MR. RODENHURST: Hydrologic and hydraulic studies. MR. CHUNG: And hydraulic. Okay. And you said that was in a nutshell. Can you be a little bit more specific on this? I know this is some of the monies that were secured by Senator Schatz, right, and there was a newspaper article on that. But if you can kind of be a little bit more specific as to what is entailed in this project. MR. RODENHURST: So, we'll be addressing the structural capacity of the bridge, making sure that it does have the repairs it needs to stand longer than it currently does, and address some of the maintenance of it. On top of that, this is going to be addressing the capacity for the flow of the stream underneath to make sure that it can withstand a design of a hundred-year storm, as defined. MR. CHUNG: Are there problems right now with the flow? MR. RODENHURST: Well, as we know, we have climate change and flows change with how much rain we currently get. And so, we're just updating that to the current standard for that and making sure that we're ready in case we do experience a hundred-year storm. MR. CHUNG: Okay, but there hasn't been any problems with that bridge. MR. RODENHURST: No, there has not been any problems. This hasn't been a bridge that's identified as in a poor condition where it needs to be addressed immediately. This is availability as well as it's going to be a need. And so it's available. MR. CHUNG: I've never looked under that bridge before or anything like that, but is it like a single span or what? MR. RODENHURST: I'll have to go confirm that. I'll get back to you on that one, on the exact details of that. MR. CHUNG: All right, okay. But we can talk a little bit more. But yeah, I'll certainly support this. Thank you. CHR. DAVID: Thank you, Mr. Chung. Anyone else? Ms. Lee Loy, go ahead. MS. LEE LOY: Yeah, thank you, Chair. And thank you, Director, for being here. I'm certainly supporting this. But I've been asking this a lot because we see CIP projects come forward and then we have the three-year window, and we have to Page 36 Hawaii County Council-32 February 9,2022 reappropriate. I have a question around the three years that we have to expend the funds, but also acknowledging some historic features that this bridge has and just wondering if we're really going to accomplish it within the three years, knowing that we actually have to kind of take a long path through State Historic Preservation Division. MS. LEE LOY: Yes, that's one of the agencies we have to go through to get this done. That's part of that planning-and-design process, is going through the appropriate permits and the appropriate approvals,whether it be through SHPD (State Historic Preservation Division) or Army Corps. And so, we're going to be working with them to get that done. Typically, those take about two years' total, but we're hoping with the FEMA funds involved, we can get that process moving quicker than normal. But we have it in here that we don't anticipate construction until fiscal year 2022-24, and we'll be monitoring that along the way. I know that we are improving our monitoring process as far as keeping our consultants accountable, as well as our staff. And so, we do anticipate meeting these deadlines that we're putting out here. MS. LEE LOY: Thank you for that because I'm also tracking 4 Mile Creek Bridge, which has similar elements too. So, supporting this. Chair, I yield. CHR. DAVID: Thank you, Ms. Lee Loy. Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you, Chair. I'm going to be supporting this. I just have a clarifying question. I had to go up to Kaiser a few times over the last few weeks to get PCR (polymerase chain reaction) tests, and so noticed the detour of traffic and thought to myself, "Wow, folks that are driving our medics are having to navigate this on an ongoing basis." And so,just wondering if the traffic-detour configuration that is currently there is something we can anticipate for the next three years. What does that look like? MR. RODENHURST: We don't have a clear answer to that at this time just because we still haven't gone through the design process. Seeing what the final design is ad then from there, working with the contractor and their needs and methods. And how they plan to construct it, as well as provide temporary traffic control, is something that we'll be monitoring and providing as we go along. But right now, it is anticipated we are going to see some affects to the traffic for sure, and that's something we see every time we have construction. MS. KIERKIEWICZ: Right. But the set up that's currently there right now, is that something that's going to be there 24/7, or it's just going to be right now as we're kind of taking a look at what the design could possibly look like and how we might proceed? Page 37 Hawaii County Council-32 February 9,2022 MR. RODENHURST: It really is based upon the constructability of the design. So, I cannot say that we're going to see something the same, similar, or completely different. MS. KIERKIEWICZ: Got it. MR. RODENHURST: But as soon as we have that available, we'll be making sure the public's made aware, and you folks are made aware of exactly what to expect when this construction starts. MS. KIERKIEWICZ: Okay, perfect. Thank you, Director. Chair, I yield. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Mr. Chung? Oh, no, okay. Anyone else then? Go ahead, Director. MR. RODENHURST: I do have a quick update about the single span. It is single span and there are some utility lines that are attached to the bridge. MR. CHUNG: It's currently single span and it's going to be constructed as a single span, right? MR. RODENHURST: My understanding is it's not a replacement of the entire bridge. It is a structural improvement, but if that changes, that'll be part of that design process to identify if it's to that. MR. CHUNG: And when would you let us know about that, though, of there was a design change? MR. RODENHURST: During the design process. Right now, we need to get through the bill process to get to the design process on that. MR. CHUNG: All right, thank you. CHR. DAVID: Thank you, Mr. Chung. Anyone else? Seeing none, thank you, Director, for being here and your patience. All those in favor of approving Bill 116 at first reading,please say "aye." Vote on Bill 116: The motion to pass Bill 116 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. Page 38 Hawaii County Council-32 February 9,2022 CHR. DAVID: Could we take two more things out of order and then we can go from the top? Bill 101 and then 102. That's the last two we're going to do. Bill 101: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-001:168 (Applicant: Hawaii Island Community Development Corporation) (Area: Approx. 9.091 acres) The Windward Planning Commission forwards its favorable recommendation for this amendment, which would allow the applicant to develop 90 units of affordable housing and other related services in South Hilo. The property is located approximately 1,600 feet west of the Mohouli and Komohana Street intersection in Waiakea. Reference: Comm. 550 Intr. by: Ms. Kierkiewicz (B/R) First Reading: January 19, 2022 and Comm. 550.2: From Council Member Ashley L. Kierkiewicz, dated January 25, 2022, transmitting a corrected map labeled as Exhibit A. Motion to Approve: Ms. Kierkiewicz moved to pass Bill 101 on second and final reading. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you. Just a housekeeping measure. Motion to Amend: Ms. Kierkiewicz moved to amend Bill 101 with the contents of Comm. 550.2. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you. Planning Department incorrectly labeled one of the streets on the map. So, I wanted to make sure it was appropriately labeled so we knew exactly what we were talking about as we were discussing this particular measure. So, looking for everyone's support in cleaning this up. Thank you. CHR. DAVID: Thank you. Anyone else on the amendment? Seeing none, all those in favor of amending Bill 101 with the contents of Communication 550.2, please say "aye." Page 39 Hawaii County Council-32 February 9,2022 Vote on Motion The motion to amend Bill 101 with the contents of to Amend: Comm. 550.2 was carried by the following voice vote: (Approved) Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David–8. Noes: None. Absent: Council Member Richards – 1. Excused: None. CHR. DAVID: Back to the main motion; Bill 101, as amended. Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Yeah, thank you, Chair. I actually wanted to call forward Corporation Counsel Judge Strance. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. KIERKIEWICZ: At Committee and our last Council meeting, there were some questions around a resolution that sort of authorized a project. And so, I don't want to go too far down the rabbit hole because what's before us today MS. LEE LOY: Sorry, procedurally—sorry to interrupt—we're at second reading and we've amended. Vote on Motion Ms. Lee Loy moved to suspend Council Rule 24 to waive to Suspend the holdover for the substantive amendment of Bill 101. Council Rules: Seconded by Mr. Inaba and carried by the following voice (Approved) vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David–8. Noes: None. Absent: Council Member Richards – 1. Excused: None. MS. KIERKIEWICZ: Thank you, Ms. Lee Loy. We want to make sure our conversations on this are valid. Thank you. Judge Strance, I think you've been tracking the conversations that have occurred in Committee and Council. There is a resolution related to this property. And while that is not necessarily before us today, it's the State Land Use Boundary Amendment, I think we would all appreciate some clarity in how we might move forward. Page 40 Hawaii County Council-32 February 9,2022 My review of that particular resolution and the agreement between HICDC (Hawai`i Island Community Development Corporation) and the County, in a nutshell, the prior Administration was really sloppy. And what we are noticing here is that there are some things to clean up, that's for sure; but also we need to find a better way to ensure that all resolutions, ordinances that are attached to a particular TMK are housed appropriately so that we're not having to deal with figuring out what sort of other entitlements or agreements come with that particular property. So, if you could just provide us some legal guidance on how we might proceed. Thank you. MS. STRANCE: Elizabeth Strance, Corporation Counsel. My first response is, "Amen, sister!" So, let me just start with just a little bit of context, but keeping in mind not to go down the rabbit hole. This particular tax map key, back in 2008, was a 30-acre parcel. And beginning in 2008, this particular developer and this particular development began to take shape. And so, you can go back to 2008 and find a Gubernatorial Executive Order and the County ordinance, or a County- approved resolution as to a portion of this tax map key. And it carved out about 13 acres, I think, and that became the first several phases of this development. It was subdivided, and so there are tax map key numbers associated now with that development. There were a series of other resolutions that this body adopted. As the development took shape and shifted, there were some resolutions that approved some easements and things like that. I can't tell you that I reviewed all of the resolutions or ordinances related to this project, but I did look at enough of them to get a flavor for what's kind of happened over the history of this development. So, with respect to the resolution that Council Member Kaneali`i-Kleinfelder brought up, it was 476-18. It accompanied Executive Order 4531. So, this is State land. Pursuant to the Executive Order, the State released authority to the County for the purposes of elderly and/or affordable rental housing and related purposes. So, that was the purpose for which the State surrendered management. And there are Board of Land and Natural Resources minutes and meetings that would accompany this Executive Order as well. After that, Resolution 476-18 was passed by this body, and it authorized the Finance Director to negotiate a 75-year lease with HICDC for the purposes of planning, developing, and constructing a rental housing project for senior citizens. One of the things that was asked of me was there are some "WHEREAS" clauses that precede the `BE IT RESOLVED," and we've had some prior discussions in this body about the enforceability; how binding are resolutions on the Administration. Generally, they're not binding except when the Administration requires Council authority to act. So, that is the provision that is referenced in the resolution and under which the resolution was presented. Page 41 Hawaii County Council-32 February 9,2022 So, when the County Council authorized the signing of a 75-year lease, there were two terms that were placed in the ordinance: a 75-year lease, the purpose of planning, developing, and constructing a rental housing project for senior citizens; and lease rent of$100 per year. There was a lease that was signed and recorded that adopted lease rent that was contained in prior leases, which was $10 a year. And there's some language in the lease that makes it a little ambiguous about what the scope of the project is. So typically, what had happened in the past on these developments was as they took shape, they would come back before the Council. And including the first time there was an ordinance, it was much broader. It really just picked up the language of the Executive Order. This one did not. And so as the project developed, it took a different shape. And when the project went before the Land Use Commission, it had taken shape, and that's where the 90 units came in. And so, Council Member Kaneali`i-Kleinfelder, in addition to picking up the error in the map, also picked up the contradictions in what was the basis of the boundary change and what had been originally discussed at the County Council when adopting Resolution 476-18. One of the things that I did after our last meeting and in preparation for this meeting was to go back and listen to the meetings,the Committee meeting, and the Council meeting, where this resolution was discussed, and frankly it wasn't. It was basically placed before the Council, read in, and voted on without discussion in both instances. And so, what was on the mind of the Council is not clear, but it's reflected in the `BE IT RESOLVED" clauses, which are the binding provisions of the ordinance. So, you do have before you a bill that doesn't need the reference to 90 units, but if they're there because the only use the State has authorized for this property is the construction of affordable housing. But it's there, and without any explanation from the developer or the department which would normally have come at a later stage. So, I think that's the reason for the confusion, is that things came to you in an order that they haven't in the past. But I think I've answered, through that, all of the questions that were put to me. And there have been questions that have been asked of me by different Council Members. And so, I tried to incorporate all of them in these remarks. MS. KIERKIEWICZ: Thank you, Judge Strance. And, Chair, I really appreciate the latitude on this one. Again, we're talking about the SLU (State Land Use) Boundary Amendment but wanted to make sure that I did ask that legal analysis of Corporation Counsel. And so, thank you, Judge Strance. I want to also hear from the Council Member who represents the district. I'm sure he's been in touch with your office and might have some mana`o to add. So, I just want to be clear, though, on the next step, the recommendation, are we okay to vote on this today Page 42 Hawaii County Council-32 February 9,2022 with the recognition that there is a necessity to kind of clean up enabling language in the prior resolution that kind of directs the agreement between County and HICDC? MS. STRANCE: May I have one moment? MS. KIERKIEWICZ: Yes. Let the record reflect Corporation Counsel is conferring with our Clerk. CHR. DAVID: Do you want a recess? Okay. MS. KIERKIEWICZ: Chair, I just also want to note, in case folks have questions, we have Planning Director online as well as the applicant, Keith Kato and Jeremy McComber of HICDC. Okay, Judge Strance. MS. STRANCE: So, because the permitted purpose for which the property can be put to use is limited, the bill could be passed and the Council could be clear that by passing the bill, they're not approving the 90 units. That has to come back before the Council in any case. But the bill itself does not refer to the 90 units. It's just an explanation of the bill that does. So, the bill could be passed in its current form, and then if Council Members want to express reservations to have further discussion about this at a later date when the project's brought back before it, that would be clear. MS. KIERKIEWICZ: Okay, thank you. I just wanted to make sure we were really clear on how we might be able to proceed. Again, not making any determination about the project or the merits of that, but the matter before us which is related to the land use and the zoning. Thank you, Corporation Counsel. Chair, I yield. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Mr. Chung MR. CHUNG: I have had discussions with Judge Strance on this matter. First of all, and I don't know if this is going too far afield, but I don't know if I heard the answers to the request made by the Council Members because at first there were two: whether the applicant was bound to build out 200 units, as opposed to 90 per the resolution which the reference to 200 is in the recitals and not at the end of the document. And the second question was whether this project had to be put out to bid. And subsequent to that, I also sent a written request for an opinion to Judge Strance. But why don't you field those two first, if you could, and then I'll—and I know you kind of tangentially explained what I had asked of you, but I'm going to specifically explain to my colleagues what was asked by me to you. But if you can at least address those first two questions. Page 43 Hawaii County Council-32 February 9,2022 MS. STRANCE: Thank you. The project is not subject to procurement. So, it was not required to be put out to bid. The developer is not bound by the resolution to develop 200 units because that 200 units is not contained in the binding portion of the resolution, the `BE IT RESOLVED"provisions. MR. CHUNG: Okay. So, we got that out of the way from the Corporation Counsel's office. My question to Corporation Counsel was this: The resolution okay, let's go back. The Executive Order which conveyed the property to the County stated that it would be—and I'm working off of memory, but I could find the exact wording—affordable housing rentals and senior or, yeah, elderly housing. The resolution only mentioned elderly housing, I believe. The lease, which was authorized to be executed by the County pursuant to the resolution, stated that it would be for, in a really weirdly worded sentence—and if you want to read the sentence, you can because it's weird but I take it to mean to include affordable—low-to moderate-income housing and elderly housing or senior housing. The comma was placed in a strange place. But that's how I read it. So, my question to Judge Strance was whether that lease went beyond the scope of the authorizing resolution, and if it did, how do we correct it. MS. STRANCE: So, the Executive Order, the permitted purposes were for elderly and/or affordable rental housing and related purposes. That's what the Executive Order says. MR. CHUNG: Correct. MS. STRANCE: The lease that was signed states that"the lessee shall use the premises solely as a rental housing facility with supportive services and related uses for low- and moderate-income and related uses," comma—"elderly housing in accordance with Federal, State, or County laws for such other elderly housing which is a qualified low-income housing project." And that is in quotes. MR. CHUNG: So basically, the lease is in conformity with the purposes or the intent of the executive order. However, the resolution only refers to elderly housing or senior housing or something like that. It doesn't include affordable or low-to moderate-income housing. MS. STRANCE: I think, from a legal standpoint, the paragraph is unclear. MR. CHUNG: Which paragraph? MS. STRANCE: That I just read of the lease. MR. CHUNG: Of the lease. Yeah, that's kind of weird, yeah. Page 44 Hawaii County Council-32 February 9,2022 MS. STRANCE: As to whether it's limited to elderly uses. My recommendation would be that it gets clear, because if the Council isn't clear and it has questions, then it should be clarified. And if the lease itself is clear, then it should be amended, and there will be opportunities to do that. And so, it needs to be amended in any case because the lease rent provision is incorrect. MR. CHUNG: Let me put the question another way. Inasmuch as the authorizing resolution only referred to elderly housing, can the lease include affordable to the mix, low- or moderate-income housing to the mix, if the authorization was only for elderly housing? I'm just asking that because I'm wondering if the resolution needs to be corrected because—or to be in line with what the Executive Order's intent was, or whether the lease can also go outside of the scope of the resolution, which I don't think it can. I think it's ultra vires. So, I'm just asking, how do we get around this? Or is it okay to do that? Is it all right to include low-to moderate- income housing and senior housing when all that was specified in the resolution was senior housing? MS. STRANCE: I would agree that it needs to be amended to MR. CHUNG: What needs to be amended? MS. STRANCE: The lease and/or the—well, my recommendation would be to either submit a new resolution to update the development, and then to amend the lease to conform with that updated development. And in that way, it would be clear both from the County Council's standpoint and from a contract standpoint. MR. CHUNG: And it's my understanding that the environmental assessment was for 90 units. Correct? MS. STRANCE: Yes. MR. CHUNG: Okay. All right. MS. STRANCE: And that was approved in October of last year, I think. MR. CHUNG: So, now, I know you've been you told me that this present bill, though, doesn't require these corrections now. Is that my understanding of what you told me? MS. STRANCE: The language of the bill itself doesn't have any language regarding the development. So, my answer to that would be it's not required. MR. CHUNG: This is a boundary amendment. Page 45 Hawaii County Council-32 February 9,2022 MS. STRANCE: It's a boundary amendment. But because there's the 90I mean, the 90 units is out there. It would be really up to the Council to decide. I believe the Council could adopt the bill as written. MR. CHUNG: But things still would need to be corrected as other aspects or other ordinances, or I'm sorry, bills come up. MS. STRANCE: Yes, there will need to be further action, both by the Administration and by this Council. I see that Zendo's on, or Mr. Kern is on, and I guess, from a Planning matter, there may be a preference there. From a legal matter, I don't think it matters. MR. CHUNG: What doesn'toh, you mean moving ahead with this present bill under the circumstances or the questions that may exist with regard to the lease. MS. STRANCE: Yeah. I mean, if, for example, the project should change again, whether it would need to go back to the Planning Commission and how the Planning Department views any changes as it relates to this boundary change. MR. CHUNG: Okay. Thank you. CHR. DAVID: Thank you, Mr. Chung. Ms. Lee Loy, go ahead. MS. LEE LOY: Thank you for the discussion. I absolutely get it. Bill 101 is really just two pages long. It gives a metes-and-bounds description. Now, the map was misleading because the road kind of pointed us in a different direction. We've corrected that. We're just drawing the boundary amendment line. There's a whole lot of other conversation about what's going to happen in these spaces, which I believe can be further resolved or addressed. But for me, the bill is simple. It's a metes-and-bounds description about property boundary lines on what we're going to put in there. Other stuff is coming in: Is it affordable? Is it senior? We're going down the rabbit hole, for me. It's very one-step. This is the one step. We can get to the other stuff later. For me, I'm going to be supporting the bill, as amended with the corrected map, so that we can get to the next pieces. I just wanted to share that with my colleagues. It's just been my experience with land use. There's all these moving pieces. And what Bill 101 does is set the boundary lines. I yield. CHR. DAVID: Thank you, Ms. Lee Loy. Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Ms. Strance, thank you for running through the background with me and seeing what I saw, and helping me Page 46 Hawaii County Council-32 February 9,2022 work through what the process needed to be, should be, and then pointing out some problems that could be addressed later on. I want to just put that out there in front and thank you. What's become apparent to me is that in the very beginning of all this, through the Executive Order to the County to what we have in front of us today, there's just someI think there could be better ways that are more transparent that allow for the public to beat least the process to be seen a little bit better. Today, we talked about—and a little latitude today, we talked about the Kamakoa Nui project: 300 acres donated to the County, affordable housing, went out for RFP (Request for Proposals). In this case, Executive Order to the County and this is not required to have an RFP. And I'm just looking at these different ways that we're attacking it and I'm learning. That is a very fair statement. But when I see things handled differently that are similar, it just brings questions to my mind as far as how we do process, what was the transparency, how did it come about, how do we pick developers, how does this process lay out and how does it work and is it transparent and fair. So, that's really where this came from. On the back end, too, I want to make sure the process we do is correct. I mean, simple things like a map, I really do appreciate Planning Department fixing the map. It was confusing for me because I just couldn't place where this property was with the map that was provided. That's why I looked it up. Our responsibility is to provide documentation chains and documentation that is sparkling and clear, and that's our job as legislators and as a government. So, understanding this is a land use zoning change, I'm going to say yes to it— sorry, tsorry, I'm going to say no to it today, but more in significance of what I've seen and what I think could be better as far as the process is concerned and the background for this project. I support the land use decision, and I think it's fitting for the area. I have my concerns about the project, and I've talked to some of the community members who live within the Sunrise Ridge area. They have some concerns as well. Some of them were completely unaware that a project of this scope was being undertaken. And I'm just going to put out there that I'm concerned that if we're basing leases on a document and later we come back and we can half the size of an affordable housing project with no real questions, that's a very interesting way of moving forward with the project. And I don't know that I quite agree with that methodology. So, that's just where I stand today. Everything that I've gotten has been very helpful. I appreciate everyone who has been involved in helping me answer these questions as we went along. If this project comes up in front of me again, I will have more questions. I think that's very clear. And I think there needs to be a Page 47 Hawaii County Council-32 February 9,2022 revision to existing legislation that paved the way for this. If you're going to build something, you've got to make sure your foundation is solid. If the foundation is shaky, then your house is going to be shaky. So, with that, I yield. And thank you for the discussion, Council. I appreciate the latitude. Thank you, Chair. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Mr. Inaba and then Ms. Villegas. MR. INABA: Thank you, Chair. Just kind of trying to bring this back so we can move forward. And I see Director Kern has his hand up. Director Kern. (Note: At this time, Planning Director Zendo Kern came forward to address the members of the Council.) MR. KERN: Thank you so much, Council Member. Good afternoon again, Madam Chair, members of the Council_ Zendo Kern, Planning Director. I just wanted to make a couple quick comments to maybe help add to the discussion. As it's been stated, I'm just going to clarify, this is a State Land Use Boundary Amendment. It does not change the zoning. The zoning would still be what it is. The zoning would change by way of the next action, whether that's through a 201H process or a change of zone. The State Land Use Boundary Amendment just reclassifies that land to an Urban designation. We have four classifications of State Land Use. We have Conservation, we have Agriculture, we have Rural and we have Urban. And this would change it to Urban, which would be the appropriate State Land Use for this area. If I may, I'd like to share my screen really quickly. Can you see this? MR. INABA: Yes, we can. MR. KERN: Can you see my cursor? MR. INABA: Yes. (Note: At this time, Director Kern shared his screen on Zoom and referred to a map being displayed on the projector screen. Said map is located within the background information of Bill 101, in Comm. 550.) MR. KERN: Okay. This is the subject property. This the Hawaii County LUPAG map, the Land Use Pattern Allocation Guide map that's in the General Plan, the current General Plan. This whole area that you see here is Medium-Density Urban. So, that would have that type of use. This area would be the University. So, as you see, this whole area is slated for that type of use. So, it fits in with the plan all day, every day. It's your folks' choice on how you want to move forward with that, but from a land use perspective and from a Planning Department perspective, the appropriate State Land Use would be Urban there. So, I feel very Page 48 Hawaii County Council-32 February 9,2022 comfortable if you folks do decide to move forward with that, that that action is being taken and almost in a housekeeping kind of way just to set it up for that next area. And then maybe to play up Council Member Kaneali`i-KI einfelder's comment there, it's its own foundational area. Not arguing against what you're saying, but from a land use perspective, this would set that foundation for however that was supposed to be. If you have any other questions, I'm happy to answer it, again. But the zoning overlaying it would still actually still be Agriculture, but the State Land Use would be Urban. Thank you. MR. INABA: Thank you, Director Kern. And with that, we have what's before us today, and I thinkobviously, this conversation, you can't really get too much past this Council. Somebody on this Council will always find something. In this case, it was Mr. Kaneali`i-Kleinfelder who brought it to our attention. So, thank you. And I'm hoping that when we do hear a bill perhaps in the future for rezoning or anything related to this project, all of this is straightened out and we have a clear action plan so we're not floundering, as we kind of have been today and two weeks ago. So, I'm going to be supporting it today, but we'd better have this straightened out somehow next time around. Thanks, Chair. CHR. DAVID: Thank you, Mr. Inaba. Ms. Villegas, go ahead. MS. VILLEGAS: My sentiments exactly. It's been frustrating and confusing. Anyone that's seen the news in the last 24 hours and the current exposure of some corruption in our State governments, it's really unfortunate for those of us who have to get to sit in elected offices in County government. Situations like that do nothing to support the community's confidence in us as government. And some of my questions are related. The lease states $10 a year but the reso (resolution) says $100 a year. There's just so many discrepancies in this that I appreciate and will be supporting moving it forward, but also urge, "Amen, sister!" Let's clean these things up because it makes it monumentally harder as we, in our jobs, have to navigate when there's enough perceived opportunity for ulterior motives to be utilized. And it's imperative that we keep everything precise and on the up-and-up, so we eliminate any opportunity for accusations, especially when there is no wrong or nothing amiss. It's just been innocently mistaken and confounded. But just asking for continued support from Planning. Thank you, Corp. Counsel for tracking this all the way through and validating Mr. Kaneali`i's concerns and some of the concerns I'd had. And so, moving forward, I look forward to us being able to avoid some of these pitfalls and keep our noses clean, heads above water, and keep on swimming. So, thank you. CHR. DAVID: Thank you, Ms. Villegas. Anyone else? Mr. Chung, go ahead. Page 49 Hawaii County Council-32 February 9,2022 MR. CHUNG: The reason why I brought up all of the legal concerns, and we had a somewhat protracted discussion about that, is to get Corp. Counsel's take on whether we could move ahead today or not, you know, notwithstanding those concerns. I mean, allI give Mr. Kaneali`i-Kleinfelder credit for bringing up the reference to 200. But the more important issue was whether we were within the scope of what was authorized. And of course Ms. Villegas had a good question too. So, since we're on the topic, though, can anybody explain or give an answer to Mr. Kaneali`i-KI einfelder's question as to why one had to be put out to bid and why one doesn't have to? I mean,just so that we can either be more confused or put the matter to rest already. Right? Because I hate to leave these things dangling out there, right? Because I agree with Ms. Lee Loy. Her assessment is we can move ahead, and I agree with you and her. But I just had to bring that up so that everything was on the table. But now we're talking about corruption and all this other stuff. Let's put it all on the table so that at least the public isn't left with any kind of foul taste in their mouth. So, can anybody answer that question? Anybody wants to answer that question? (Note: At this time, Housing Administrator Susan Kunz came forward to address the members of the Council.) MS. KUNZ: Hi, everyone. Can I say a few words? MR. CHUNG: Yeah, go ahead. MS. KUNZ: This is Susan Kunz. I'm the Housing Administrator for the Office of Housing and Community Development. This process of utilizing State lands has been in place for many years. And like the law says, (Hawai`i Revised Statutes) 103D allows the County to lease lands without going through a procurement process, right. The government allows this. So, it's not required to procure real property. So, although I wasn't particularly or specifically involved in this transaction, I'm familiar with the process; we've done it quite a few times. And I hope to continue to do this. This is part of the County's roadmap, is identifying State and County lands and working with, partnering with private developers to get affordable housing units built. So, I hope to continue utilizing this process. What we see here today, which has created a lot of havoc, I think, is the discrepancy in the language from the Executive Order to the resolution to the lease. And I think that if a little more attention was being paid to the language, that transitioned this transaction, it would be a lot cleaner. There wouldn't be so many questions about it. Page 50 Hawaii County Council-32 February 9,2022 I'll let you know that HICDC has submitted 201H application, which the Office of Housing is working on, and we will be coming before the Council for those exemptions, hopefully soon. So, there will be an opportunity to talk through the specifics of this project and vetting out some of the exemptions that HICDC is going to be looking for. So, there will be further opportunities to have this discussion. So, I think there is a process that's in place, and I think it's a good process. And I think, as we engage publicly to have these discussions, we all need to be paying attention as we're going through the process. Corporation Counsel mentioned that she witnessed the Council meeting where this reso was being discussed, and there was no discussion. There were no questions. There was no discussion. We need to pay attention, and we need to ask questions like I'm very happy that you all are doing today. So, I think there's a good process in place. This particular situation, HICDC, from what I understand, was the one that identified this property and approached the State and the County with interest in developing more senior and affordable housing units. So, without the need to do a procurement, right, I can see why the County may have chosen not to do a procurement. You have an interested developer who's ready, willing, and able and obviously very successful in producing housing units. I can see why, perhaps, the County at that time decided not to do a procurement. So, I mean, there's a lot of things to balance and I think that where the law doesn't require us to do this, I think it's a case-by-case situation. Our office with Kamakoa Nui back in January, a County property, elected to do an RFP because we wanted to see what types of housing developers would be out there and what kind of ideas they would come up for development. So, in particular situation, the County decided to do an RFP. I think it is a case-by-case situation. But anyway, I just wanted to make a few comments that there is a process in place. We need to pay attention to the process. There will be an opportunity to further have discussion about this development and the number of units and all of that, and I hope we'll take the opportunity at that time to do it. So, I can answer any questions if you have any questions. Thank you for the opportunity to comment. MR. CHUNG: Well, you kind of touched upon it. First of all, with regard to the resolution itself and people weighing in or having no discussion, you've got to recall now, Susan, of course you weren't there at the time. It said, "senior housing." That whole place is basically, that whole track except for the dispatch center, is senior housing. So, it's no big deal. Right? There was really no reason for an extended discussion. But the problem becomes what happens when you authorize senior housing and all of a sudden it becomes something else. And I'm not saying there's no need for it, but that's the reason why there was no discussion, okay. Page 51 Hawaii County Council-32 February 9,2022 Now, you touched upon the County having options in procuring or allowing either leasing or procuring development services. Can you explain a little bit more what those options are? Like, for example, on that 300-acre property, what's the specifics of that? Is somebody turning a profit, or what's going on, on that? Or is the money coming back to the County? We're paying? MS. KUNZ: I'm not sure I understand your question. What option? MR. CHUNG: Mr. Kaneali`i-Kleinfelder was asking why in this case no RFP, and why in that other situation there was an RFP. So, can you just kind of go through this to explain what are the thought processes? And I know you weren't there, okay, Susan. But at least what are some of the considerations that go into deciding whether you go one route or the other. First of all, I think we can surmise, though, that both avenues are legal, right, because this was for a nonprofit. We have that provision in our County Code, I believe. But why don't you go a little bit deeper and explain. You don't have to say specifically why one was chosen over the other, but at least explain what the considerations would be in choosing one over the other. Because there's been, not to say anything about Ms. Villegas, but she mentioned like corruption and she kind of likened that thing. And we don't want to be corrupt, right? MS. KUNZ: No. And we want to try and be as transparent as possible. Yeah, and you're right, I wasn't there but I'm trying to understand and assess what would I have done. Right? In the situation of this particular project, my understanding for when Phase I was developed, there was no other developer who was doing senior affordable housing like HICDC was. And they were the ones who took the initiative to identify pieces of property, approach the State, approach the County. Nobody else was doing that. And even with this last most recent nine acres, the same situation happened. They identified the property. They sought out the partnership. So, where there's not a requirement to do a procurement, I think the County would welcome that partnership, especially with the kind of success rate that HICDC has had with spending Federal funds, meeting performance timelines, and all of that. It's very easy to do business with a developer like that who is repeatedly successful in their projects, right. With Kamakoa Nui, that's a County property. We've got 300 acres there. We knew, even from when I was in this position previously, that that area that we just recently RFP'd was designated for multi-family rentals. I think that the County, and I would have done the same thing, there was a lot of interest. There were quite a few developers who were coming to the County asking what are doing, who's going to be doing. So, you could see that there was a lot of interest. And I think the County wanted to know what would be the best bang for the buck, right? What kind of design plans or how many units could a developer get there? So, the Page 52 Hawaii County Council-32 February 9,2022 County went out for an RFP to see what they could get. I think those are some of the things that you consider when you are looking at a piece of property and wanting to do a development. Also, going back to the original intent, the EO (Executive Order) from the State provided language that there could be senior housing or family housing. When the reso was developed, it started to get more specific with senior housing. And you could see, right, Hawaii IslandI mean, HICDC was very experienced in doing senior housing, and most of their previous projects was senior. But I think with all of the senior projects that were coming up around in the Hilo area. And not only because of that, but the funding sources require that the developer do a market study; and I saw the market study. And although the study still shows there's a need for senior housing, the need for family housing is way greater. And I think that, along with the exploration of some of these national best practice development design plans like the pocket neighborhood, which is what they're looking to do here MR. CHUNG: Susan? MS. KUNZ: Yes, yes. MR. CHUNG: Sorry to interrupt you. We're not talking about that right now. All we're talking about is the difference MS. KUNZ: Well, you were asking me why they went from senior to family. So, I'm just telling you MR. CHUNG: I didn't ask that question of you. I did not. MS. KUNZ: Oh, okay. MR. CHUNG: I just asked what's the difference between this project being a lease for a hundred dollars—well, I didn't add that part—and the other one going out to RFP. And we're getting real far afield, but this was brought up not by me, and we cannot leave these kinds of dangling participles around here, right. MS. KUNZ: Okay, so did I answer your question? MR. CHUNG: Huh? MS. KUNZ: Did I answer your question? MR. CHUNG: Well, I want to dispel the notion on the part of maybe the public who's viewing this thing that there is something crooked going on here. And Page 53 Hawaii County Council-32 February 9,2022 maybe there is I don't know. I want to know too. We don't want any kind of nonsense, right. And I'm not saying that's the situation here. That's why we need your expertise on this. But I didn't ask about why it's a mix. So, how do these guys make money? Like the ones who do it through RFPs and HICDC, how do they make money with their developments? MS. KUNZ: Well, I don't know how they make money. I'm not a developer. But the RFPs and the developers that we've attracted to submit proposals, they're no different. They're all private nonprofit developers. MR. CHUNG: So, even those who are going through the RFP process are nonprofits? MS. KUNZ: Yes. MR. CHUNG: Oh, okay. Okay, all right. So, these are not for-profit development developers. MS. KUNZ: No. And the scope MR. CHUNG: Okay. That's good to know. MS. KUNZ: Yeah. The scope of the RFP that we put out is identifying our interest in affordable housing development, not market development. So, we're not entertaining market development. MR. CHUNG: Right. Okay. MS. KUNZ: We want to see what a developer can do to produce affordable: What does the mix look like? How many can they do and how low can they go? Right? That's what we're looking for. MR. CHUNG: So, simply put, from what I hear, there was more interest in that other 300-acre parcel from possible nonprofit developers, whereas this one, there was no interest. MS. KUNZ: I mean, HICDC was the one that identified these properties. MR. CHUNG: Right. Okay. So, everything was above board, as far as we can tell. And both options are available, and it really is the Housing Agency or the County who will determine the propriety, or which avenue to pursue. All right. Thank you. Sorry. Page 54 Hawaii County Council-32 February 9,2022 CHR. DAVID: Thank you, Mr. Chung. All right, seeing no other discussion, on the motion to amend Bill 101I mean, to approve Bill 101, as amended with Communication 550.2, all those in favor please say "aye." Vote on Bill 101: The motion to pass Bill 101, as amended to Draft 2, on Draft 2 second and final reading was carried by the following voice (Adopted) vote: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David–7. Noes: Council Member Kaneali`i-Kleinfelder– 1. Absent: Council Member Richards – 1. Excused: None. CHR. DAVID: Okay. Before I go to the top, Mr. Clerk, can we take, first, Bill 100 and then, second, Bill 102? Bill 100: REPEALS ORDINANCE NO. 97-106, 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), BY CHANGING THE DISTRICT CLASSIFICATION FROM LIMITED INDUSTRIAL–20,000 SQUARE FEET (ML-20) TO INDUSTRIAL- COMMERCIAL MIXED –20,000 SQUARE FEET (MCX-20) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-032:023, 101, 102, 103 AND 104 (Planning Director initiated) (Area: Approx. 147,736 square feet) The Windward Planning Commission forwards its favorable recommendation to repeal Ordinance No. 97-106, which would reclassify the property back to its original designation of Limited Industrial –20,000 square feet. The property is located on the southeast corner of Kalanikoa and Kuawa Streets in Hilo. Reference: Comm. 549 Intr. by: Ms. Kierkiewicz (B/R) First Reading: January 19, 2022 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 100 on second and final reading. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you. I just want to acknowledge that the representative for the applicant has been here—Ron Kim—since I think before we started Council at 1 p.m. So, thank you so much for your patience and for your presence. We also have Planning Director if folks have questions, but we have discussed this matter in Committee and at first reading. And so,just looking for everyone's continued support. Thank you, Chair. Page 55 Hawaii County Council-32 February 9,2022 CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, before we take a vote, Mr. Kim, thank you again. I have to repeat. Sorry I didn't take you sooner. But all right, all those in favor of approving Bill 100 at second and final reading, please say "aye." Vote on Bill 100: The motion to pass Bill 100 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. CHR. DAVID: And then we'll go to Bill 102. Bill 102: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-279, SCHEDULE 27, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PARKING ON PAVEMENT PROHIBITED AT ALL TIMES AND AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-280, SCHEDULE 28, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO NO PARKING AT ANY TIME Amends Section 24-279, Schedule 27 (Parking on Pavement prohibited at all times), and amends Section 24-280 (No Parking at Any Time), by adding new provisions for portions of Kalapana-Kapoho Beach Road, Subsection (g), Puna. Reference: Comm. 551 Intr. by: Ms. Lee Loy (B/R) First Reading: January 19, 2022 Motion to Approve: Ms. Lee Loy moved to pass Bill 102 on second and final reading. Seconded by Mr. Inaba. (Note: At this time, Public Works Director Steven Rodenhurst came forward to address the members of the Council.) CHR. DAVID: Go ahead, Ms. Lee Loy. MS. LEE LOY: I don't have any comments. I have the Director here. We did have a testifier. Yeah. So, if anybody has questions, the Director's here to speak. I yield. CHR. DAVID: Thank you, Ms. Lee Loy. Council Members? Ms. Kimball, go ahead. Page 56 Hawaii County Council-32 February 9,2022 MS. KIMBALL: Yes, thank you. Director, I'm not sure if you were listening earlier today when the testimony was given about some of the questions outstanding. The last time we had discussed this, you had not had a chance to review the area and look at the parking lot. Have you been able to do that, and can you respond to the questions that were asked earlier today? Thank you. MR. RODENHURST: Yeah, thank you for that. And again, Director of Public Works, Ikaika Rodenhurst. So, there were a couple of questions from last time. One was talking about the shoulder maintenance. The really quick and short on that one is that we don't have a schedule right now as far as when it's going to be within this month. But we have asked our Highways Division in Puna to put it on the schedule. And so when we have that available,we'll be posting that to the community when that will happen. And we understand that will affect the parking at that time. As far as the parking over there—and I know the last time we discussed, there's a little bit of a boundary between DLNR (Department of Land and Natural Resources) and ourselves. To my understanding, it is with DLNR. So, we have to contact them. I'm not sure if there's anything we can do, but happy to have that discussion with them and see what we can do to support each other over there. I wish I had some better report to come at this time, but so far, that's what we have. And happy to continue this discussion with you folks after this. I understand it's a situation down there. People are going to be going down there, and anytime there's a lot of people gathering, there's concerns for parking and adequate traveling. So, yeah, we'll keep this on our radar. MS. KIMBALL: Thank you, Director. And this is your district, and so you're best positioned to determine, I think, if this is how to mitigate the challenges here. And so, I'll take your lead on this, but I do think it's important to pursue some of these conversations, particularly with regard to the DLNR ownership of that parking lot. Thank you. I yield, Chair. CHR. DAVID: Thank you, Ms. Kimball. Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Yeah, thank you, Ms. Kimball, and thank you, Chair. Thank you for being here today as well, Mr. Rodenhurst. I did appreciate Ms. Tese's comments. If you're watching, you do have some really—I mean, really, had some great comments, actually, and I like them. And you raised some good points: why not increase the shoulders versus putting up parking signs. And I've been mulling it over about an hour now, kind of thinking about how with the layout. Ultimately, we can work on both. I think this still holds water as far as needing to be done. And I think that building out the shoulders and providing better access is our responsibility, especially where we have a really limited amount of accessible Page 57 Hawaii County Council-32 February 9,2022 beaches in the area, like Kehena. So, I'd like to pursue both and move ahead with the bill, given the testimony. But also, yeah, kind of get a real solid answer as far as when we can work on the shoulders and make that a little bit better for more people to park, without blocking the roadway of course. Thank you. CHR. DAVID: Thank you. MR. KANEALI`I-KLEINFELDER: And then again, I do appreciate what you guys did to get this to this point. And there's a lot of community members who really wanted to see this happen, and this is really a tribute to them. So, thank you. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Director, did you have something else to say before we take the vote? MR. RODENHURST: No. Thank you for your time and thank you for that. CHR. DAVID: Okay. Awesome. And then, thank you for addressing the items that Ms. Tese had raised on public testimony. So, all those in favor of approving Bill 102 at second and final reading, please say "aye." Vote on Bill 102: The motion to pass Bill 102 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Richards —2. Excused: None. CHR. DAVID: Now, can we just go to the top of the agenda? MS. LEE LOY: Chair, if I might request? Our favorite Administrator who has CHR. DAVID: Who's been waiting here for so long. Thank you. MS. LEE LOY: Been waiting so patiently is here for Bill 105. CHR. DAVID: 105. Page 58 Hawaii County Council-32 February 9,2022 Bill 105: AMENDS CHAPTER 18, ARTICLE 4, SECTION 18-90 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO FARES FOR PUBLIC TRANSPORTATION Establishes a temporary suspension of fares for all mass transit fixed routes and paratransit services until December 31, 2023. The fare suspension will not apply to County-contracted shared-ride services, curb-to-curb van services operated by the Department of Parks and Recreation, or non-fixed bus services provided in partnership with non-profit organizations. Reference: Comm. 568 Intr. by: Ms. Lee Loy (B/R) First Reading: January 19, 2022 Motion to Approve: Ms. Lee Loy moved to pass Bill 105 on second and final reading. Seconded by Mr. Inaba. CHR. DAVID: Go ahead, Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. We have Director Andoh here, but I think all of our colleagues have been in full support of this and look forward to continued support of this wonderful program for public transportation. I yield. CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else? MR. INABA: Chair? CHR. DAVID: Go ahead, Mr. Inaba. MR. INABA: Hi, Mr. Andoh. Do we have any updates on this bill today? (Note: At this time, Mass Transit Administrator John Andoh came forward to address the members of the Council.) MR. ANDOH: Good afternoon, Chair and Council. John Andoh, Mass Transit Administrator. No further updates but we are prepared to launch the program upon approval by this Council, signature by the Mayor. And we started to notify the public to start that transition. So, come the effective date of the fare free, we don't have outstanding passes or tickets, and we have a clean slate. MR. INABA: Got it. Okay, thank you very much. Chair, I yield. CHR. DAVID: Thank you, Mr. Inaba. Anyone else? Seeing none, Administrator Andoh, thank you so much for your patience and I apologize for having you sit there. MR. ANDOH: No worries. Can I just make a quick note? Page 59 Hawaii County Council-32 February 9,2022 CHR. DAVID: You sure can. MR. ANDOH: Just so you're aware, I'm here for Resolution 310-22 and Bill 109, just as an FYI(for your information). CHR. DAVID: Okay, then why don't we just move on after this vote on 310, and then 109 you said? MR. ANDOH: Yes. CHR. DAVID: Okay. All those in favor of approving Bill 105 at second and final reading, please say "aye." Vote on Bill 105: The motion to pass Bill 105 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Richards —2. Excused: None. MS. LEE LOY: Chair? CHR. DAVID: Yes. MS. LEE LOY: I believe this particular matter is being asked to be waived, the five-day hold, so they can get started. CHR. DAVID: Go ahead. Vote on Motion Ms. Lee Loy moved to suspend Council Rule 15 to waive to Suspend the 5-day hold for reconsideration. Seconded by Mr. Inaba Council Rules: and carried by the following voice vote: (Approved) Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Richards —2. Excused: None. CHR. DAVID: Okay. Now, we can go ahead to MR. HENRICKS: Bill 109? Page 60 Hawaii County Council-32 February 9,2022 CHR. DAVID: Yes, sir. Bill 109: 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 Federal Grants —Section 5339 Capital Grant Fiscal Year 21-22 account($10,522,667), and appropriates same to Section 5339 Capital Grant Fiscal Year 21-22 account. Funds would be used to rehabilitate and purchase buses and related equipment and to construct bus-related facilities. Reference: Comm. 581 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: January 19, 2022 Vote on Bill 109: Mr. Kaneali`i-Kleinfelder moved to pass Bill 109 on (Adopted) second and final reading. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—7. Noes: None. Absent: Council Members Chung and Richards —2. Excused: None. CHR. DAVID: Now, I guess we can go to Resolution 310 since Administrator Andoh is still here. Res. 310-22: AUTHORIZES THE ACCEPTANCE OF A DONATION OF COVID VACCINATION TRANSPORTATION SERVICES FROM UBER The donation of services valued at$75,000 provides up to four vouchers to each participant to be used for travel to and from vaccination sites. Reference: Comm. 603 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 310-22. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: This was waived to Council and Mr. Andoh is here. Mr. Andoh, could you tell us a little bit about this, please? Page 61 Hawaii County Council-32 February 9,2022 (Note: At this time, Mass Transit Administrator John Andoh came forward to address the members of the Council.) MR. ANDOH: Yes, Mr. Kaneali`i-Kleinfelder and members of the Council. The purpose of this project, through Uber we were able to get a donation to transport island residents to vaccination clinics and COVID-testing (coronavirus disease) clinics across the island. The program did start back in September and is continued through December 31st. And consistent with recent Council policy of notifying Council of donations, this is why this item is being put forth for your consideration and approval. There was no County funds that was required for the operation of this pilot program with Uber. MR. KANEALI`I-KLEINFELDER: Okay. And then how did this come about? MR. ANDOH: As part of the efforts to ensure vaccinations for island residents as well as to ensure there's no barrier in getting to COVID testing, Uber offered donations to various transportation agencies and nonprofits across the country. I was able to launch this similar program at my previous employment at The Common in Columbia, South Carolina, so, I just used that same connection to bring that here. MR. KANEALI`I-KLEINFELDER: Awesome. Thank you. Thank you for being here today, Director. I appreciate it. I yield. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing none, all those in favor of approving Resolution 310-22,please say "aye." Vote on Res. 310-22: The motion to adopt Res. 310-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. CHR. DAVID: Thank you, Administrator Andoh, for being here. MR. ANDOH: Thank you for having me. I appreciate it. CHR. DAVID: All right. Clerk Henricks, take us to the top of this agenda, Reso. 304-22. Return to Order The Chair directed the Council to return to the order of business. of Business: Page 62 Hawaii County Council-32 February 9,2022 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. 304-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KEALAKEHE PROJECT GRAD FOR THE 2022 GRADUATES OF KEALAKEHE HIGH SCHOOL AND WEST HAWAII EXPLORATIONS ACADEMY Transfers $4,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 588 Intr. by: Mr. Inaba Motion to Approve: Mr. Inaba moved to adopt Res. 304-22. Seconded by Ms. Lee Loy. CHR. DAVID: Mr. Inaba. MR. INABA: Thank you. Straightforward. Asking for the Council's support. Mahalo. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of approving Resolution 304-22, please say "aye." Vote on Res. 304-22: The motion to adopt Res. 304-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Villegas, and Chair David—7. Noes: None. Absent: Council Members Kierkiewicz and Richards —2. Excused: None. Page 63 Hawaii County Council-32 February 9,2022 Res. 306-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO LA`I`OPUA 2020 FOR EXPENSES RELATING TO ITS KONA MELE PROJECT Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 593 Intr. by: Ms. David Motion to Approve: Ms. Lee Loy moved to adopt Res. 306-22. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. DAVID: This is my resolution for contingency. I believe Ms. Inaba testified and just gave us a very comprehensive description of this wonderful program, the Mele Project of Kona, and I just ask for your support. Mr. Inaba, go ahead. MR. INABA: Mahalo. And with that, I'll be asking to recuse myself from the vote. CHR. DAVID: Thank you. Any other discussion? Seeing none, all those in favor please say "aye." Vote on Res. 306-22: The motion to adopt Res. 306-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Chung, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Villegas, and Chair David—6. Noes: None. Absent: Council Members Kierkiewicz and Richards —2. Excused: Council Member Inaba— 1. MR. CHUNG: I'm just wondering why he has to recuse himself. It would be good if he could put his name on it that's why. MR. INABA: Thank you, Council Member Chung. My mom is the Executive Director for this nonprofit receiving the funds. So,just out of an abundance of caution, I'm going to be recusing myself. MR. CHUNG: I mean, I'm just trying to find a way for you to MR. INABA: I'd like to give some of my own contingency funds for this project but I'm not. Thank you. Page 64 Hawaii County Council-32 February 9,2022 CHR. DAVID: Personal preference. Thanks for that question. Okay, to all those in favoroh, we voted. And did you get the vote, Mr. CHR. DAVID: Okay, thank you. All right, then. Okay, where are we? Bill 117. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order. ) Bill 117: 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($2,922,000), and appropriates same to the following accounts: Human Resources Other Current Expenses ($49,000) and Equipment($2,000); Police Dispatch Salaries and Wages ($116,000); Police Investigation Cause of Death($200,000); Training and Volunteer Fire Other Current Expenses ($35,000) and Equipment($73,000); Helicopter Services ($250,000); Parks and Recreation Administration Other Current Expenses ($35,000) and Equipment($220,000); Parks Maintenance Equipment($60,000); Environmental Management Other Current Expenses ($31,000) and Equipment($41,000); Transfer to Solid Waste Fund ($410,000); and Workers Compensation—General ($1,400,000). Funds would be used to cover unanticipated costs. Reference: Comm. 605 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC and Bill 118: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Appropriates revenues in the Transfer from General Fund account($410,000), and appropriates same to the following accounts: Landfills Salaries and Wages ($200,000) and Landfills Other Current Expenses ($210,000). Reference: Comm. 605 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC (Note: Comm. 605.1, from Finance Director Deanna Sako dated February 8, 2022, transmitting proposed amendments to Bill 117, was circulated.) Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 117 on first reading. Seconded by Ms. Lee Loy. Page 65 Hawaii County Council-32 February 9,2022 CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. This was waived to Council, as was Bill 118. Ms. Sako, if you could? These fund balances are always an interesting discussion. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: I think we have mentioned in earlier conversations that we would have to come in to amend the budget. There's some departments that are having challenges this year. So, going down the list, I can let you know what each of the items are for. And Human Resources, I think you've heard several departments say how staffing has become a problem in hiring. So, we are adding funding to Human Resources to add with recruitment, trying to come up with new ideas to get people in the door. Not everybody wants to go out to our website and read our recruitment notices. Police Dispatch. It was a State law that both the Police and Fire dispatchers would be looked at and basically reallocated into an appropriate classification. And so, Police needs additional funding for that, as well as for Police Investigation Cause of Death, which is really autopsies. So, any time there's an unattended death, car accident, whatnot, those are the autopsies that we pay for. Then Training and Volunteer Fire. Both the OCE(Other Current Expenses) and Equipment is for a grant match, that the grant has been approved previously by Council, but they don't have enough for the match, which we knew was an issue coming in. As well as when we approved the Sayre Foundation grant for $250,000 so that we could get the $5 million helicopter, they also need funding for that. P&R (Parks and Recreation) has had to shift some of their budgeted expenditures to pay for some unanticipated costs. And one of the things they cut out was part of the security at Mo`oheau Bandstand, which is continuing to be a problem, and we do want to put that back to 24 hours a day. Some of their equipment has come in over budget, so we want to help them continue to get the equipment that they need. Environmental Management is for the Kona office. Liquor has come in separately, and that has already been approved for some of the costs starting up that location at Hanama Place. So, this is the Environmental Management portion of it. And then, the Transfer to Solid Waste is for overtime. This is to get it to Solid Waste Fund. Bill 118 is to appropriate it in the Solid Waste Fund, but it's really for their overtime and their compressors for the compact trailers, as well as a study to determine if the Hilo scale is repairable or if we need to replace it. Page 66 Hawaii County Council-32 February 9,2022 And then, Workers Comp. (Compensation) is because we've had some unusually high costs in the current year. This is by far not a normal year. So, we just ask for your support. MR. KANEALI`I-KLEINFELDER: Thank you, Ms. Sako. Fund Balance is always a fun discussion. So,just give it to us like this. Just summarize the Fund Balance for everybody. MS. SAKO: So, when we prepare the budget in March and May, we're estimating what the Fund Balance is going to be at June 30'h of the fiscal year. So, in October, we came in with our letter saying what Fund Balance was for last June 30'h—June 30'', 2021. And so, we did have excess over and above what was budgeted in the budget of, roughlyI don't have the exact number—but roughly $20 million. And so, typically, we would save that and then basically use it to help us budget the coming year. But the current year needs are kind of something that we need to deal with immediately, and we can't really wait till next year. So, we're coming in to ask to appropriate part of that. In addition, I forgot but we did also submit Communication 605.1, if it can be amended later. MR. KANEALI`I-KLEINFELDER: Okay. We'll make that motion for you. Is that for Bill 118 or Bill 117? MS. SAKO: 117. MR. KANEALI`I-KLEINFELDER: Okay. I don't have any further questions on this. We'll make the motion after. Thank you, Ms. Sako. CHR. DAVID: Any discussionoh, Ms. Lee Loy, go ahead on Bill 117. MS. LEE LOY: Thank you, Deanna, for that explanation of Fund Balance. I think what I'm challenged with, and completely understand how Fund Balance works, is we haven't seen a budget book for a while. And so when I'm totaling this MS. SAKO: There's probably going to be five on your next agenda. MS. LEE LOY: So, when I'm totaling this, I'm trying to manually figure out where we are at. And for Bill 117 and 118, it seems pretty even, kind of in and out. But later in the agenda, we have another item for Highway Maintenance (Bill 110), which is the $770,000 for the vehicles, which is going to launch me into a question, I promise. We know Fund Balance is kind of this extra that we didn't spend. We know that COVID kind of set a lot of our contracts and/or our purchasing kind of off tangent because either they couldn't deliver the equipment or they're coming in higher. And so, my question is, like, what's that percentage we're looking at on some of the budgeted items that we have in this fiscal cycle? Page 67 Hawaii County Council-32 February 9,2022 MS. SAKO: That are coming in high? Last year, we had more of a problem when things were coming in high. We really hadn't budgeted accordingly. When we prepared the fiscal year 2021 budget, we started in the fall of probably 2019 before COVID. So, none of us really knew the full extent of that supply chain and the supply-and-demand issues we were going to see. So, definitely, we had under budgeted for a lot of the equipment, that did carry into the current year. That's not to say our crystal ball was extremely clear. But the departments that are coming in for additional funding, it's for the equipment that they really feel they need, and they have put off for a couple of years now. So, we've done our best to budget. Most of the rest of the departments, we've seen some transfers already. The differences have been smaller, so they've been able to take it from within. But some of these departments are also challenged with our day-to-day activities. Just like P&R, they have normal R&M they need to take care of, and we don't want them to sacrifice any more from that budget. MS. LEE LOY: Absolutely. I'm absolutely supporting this. I'm just trying to get my arms around that, and I just know that some of those budget books would have helped point me in the right direction. In addition toI'm sure all of my colleagues see the emails of how many open positions we have. And so, kind of offsetting some of these costs with some of the salary and wages that are in the departments. Again,just trying to figure out, yeah. MS. SAKO: So, that should help us with the Fund Balance for the coming year, but it's been our policy not to let departments transfer out of salaries and wages. We don't ever want that to become, like, extra money or to keep anyone from filling positions. So, we've really prohibited that throughout the years. So, this is just, you know, and in terms of all transparency, this is what the departments need for the current year. But Fund Balance, what will it be fore sure next year, I can't say for sure because some of the quotes on the bids for equipment are still coming back in. There are some vacancies but, of course, overtime is higher because of the vacancies, and we've had to bring it in. But that's why we do feel it's very important to get Human Resources additional funding for recruitments, being new and creative. They're looking at doing different things maybe on YouTube or other internet, hiring protocols. So, looking at all of those things. MS. LEE LOY: Great. And Chair, thanks for all of this latitude because we're really kind of down the rabbit hole. Because even earlier today on Finance we saw some reallocations of different positions also and just—yeah. Looking forward to all five books and digging into that. Chair, thanks for allowing me to kind of dive into that question. Deanna, always on point. I yield. CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else? Seeing noneoh, Mr. Kaneali`i-Kleinfelder. Page 68 Hawaii County Council-32 February 9,2022 MR. KANEALI`I-KLEINFELDER: We have to make the motion for the amendment. CHR. DAVID: Yes, the amendment. Motion to Amend: Mr. Kaneali`i-Kleinfelder moved to amend Bill 117 with the contents of Comm. 605.1. Seconded by Ms. Lee Loy. CHR. DAVID: Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Could you please? MS. SAKO: Yeah, so, the money for R&D (Research and Development), we did feel it was important to get some sort of grant writing assistance, whether it's a professional firm or finding people to hire on staff. With all of the money in the infrastructure bill coming down and other opportunities out there, we don't want to miss that. We want to take advantage of that. And our staff,partly due to lack of staff, are extremely overwhelmed. And so, we want to get as much assistance as we can, whatever form that may come in. That's why we're putting it in OCE. If they are able to hire qualified staff, we'll move that to S&W (Salaries and Wages). And then the $40,000 is for the EPIC (Electronic Processing and Information Center) reports. We do need our consultant to write a few more reports to be able just to access our data cleaner and easier and make the system work for us a little bit better. MR. KANEALI`I-KLEINFELDER: So, grant writers coming in for R&D; they'll bring more funding into the County, which has been asked I don't know how long. I know for the length of a lot of the members on this Council,probably before that too. Wow. Thank you. Thank you. Okay, I yield. CHR. DAVID: All right. Anyone else? Seeing none, all those in favor of amending Bill 117 with the contents of Communication 605.1, please say "aye." Vote on Motion The motion to amend Bill 117 with the contents of to Amend: Comm. 605.1 was carried by the following voice vote: (Approved) Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, and Chair David—6. Noes: None. Absent: Council Members Kierkiewicz, Richards, and Villegas —3. Excused: None. Page 69 Hawaii County Council-32 February 9,2022 CHR. DAVID: All right. Back to the main motion; as amended, Bill 117. All those in favor, please say "aye." Vote on Bill 117: The motion to pass Bill 117, as amended to Draft 2, on first Draft 2 reading was carried by the following voice vote: (Approved) Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, and Chair David–6. Noes: None. Absent: Council Members Kierkiewicz, Richards, and Villegas –3. Excused: None. CHR. DAVID: Now, a motion on Bill 118,please, Mr. Kaneali`i-Kleinfelder. Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 118 on first reading. Seconded by Ms. Lee Loy. CHR. DAVID: Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Ms. Sako, if you could. This is for Landfills Salaries and Wages, OCE, and transferring in. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: Yeah. So, in Bill 117, we transferred $410,000 to the Solid Waste Fund, and that is to help them with their overtime. They definitely have staffing challenges in that department, as well as $200,000 is for the compressors for the compacting trailers which are going out. And then, a study for the scales at our Hilo landfill to see if we need to replace them or if they can be repaired and renovated, whatever the right term is for that. So, that adds up to the $410,000. MR. KANEALI`I-KLEINFELDER: Thank you. And then just to put it out there: There's a lot of—there's some resolutions coming forward that are going to equal out to a pretty heavy amount of funding as well for the Department of Environmental Management at our next meeting. So, you may get more questions then. MS. SAKO: Oh, I'm sorry. Yes, on the equipment, yes. Sorry. I had to think. Yes. MR. KANEALI`I-KLEINFELDER: It's not this at all but— MS. utMS. SAKO: The next agenda, yes. Page 70 Hawaii County Council-32 February 9,2022 MR. KANEALI`I-KLEINFELDER: There's a lot coming. MS. SAKO: There are. And those were budgeted items. MR. KANEALI`I-KLEINFELDER: Thank you. Okay, I yield, Chair. MR. KANEALI`I-KLEINFELDER: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing none, all those in favor of approving Bill 118, please say Ic aye. Vote on Bill 118: The motion to pass Bill 118 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, and Chair David—6. Noes: None. Absent: Council Members Kierkiewicz, Richards, and Villegas —3. Excused: None. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): (Note: Items in this category were taken up previously, out of order.) Bill 99: AMENDS ORDINANCE NO. 11-73, WHICH RECLASSIFIED LANDS FROM AGRICULTURAL—FORTY ACRES (A-40a) TO AGRICULTURAL—FIVE ACRES (A-5a) AT PUUKAPU, SOUTH KOHALA DISTRICT, HAWAII, COVERED BY TAX MAP KEY: 6-4-017:042 (Applicant: Cynthia Foster) Area: Approx. 17.88 acres) The Leeward Planning Commission forwards its favorable recommendation for this amendment, which requests a five-year time extension to comply with Condition C (Time to Secure Final Subdivision Approval) with an amendment to Condition J(Inadvertent Cultural/Historic Finds). The property is located along the north side of Mamalahoa Highway approximately 750 feet west of its intersection with Kipahele Street in Waimea. Reference: Comm. 548 Intr. by: Ms. Kierkiewicz (B/R) First Reading: January 19, 2022 Motion to Approve: Ms. Lee Loy moved to pass Bill 99 on second and final reading. Seconded by Ms. Kimball. Page 71 Hawaii County Council-32 February 9,2022 CHR. DAVID: Thank you. Go ahead, Ms. Lee Loy. MS. LEE LOY: We saw this last meeting and ask for your support. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of approving Bill 99 at second and final reading, please say "aye." Vote on Bill 99: The motion to pass Bill 99 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, and Chair David—6. Noes: None. Absent: Council Members Kierkiewicz, Richards, and Villegas —3. Excused: None. CHR. DAVID: Could we move to Bill 108? Bill 108: 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 Federal Grants —Hazard Mitigation Grant Program- Shoreline and Riparian Setbacks Hawaii County account($13,500), and appropriates same to Hazard Mitigation Grant Program-Shoreline and Riparian Setbacks Hawaii County account. Funds would be used for administrative and management costs. Reference: Comm. 580 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: January 19, 2022 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 108 on second and final reading. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I have no further discussion, Chair. Thank you. CHR. DAVID: Thank you. Seeing no other discussion, all those in favor of approving Bill 108 at second and final reading, please say "aye." Page 72 Hawaii County Council-32 February 9,2022 Vote on Bill 108: The motion to pass Bill 108 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, and Chair David—6. Noes: None. Absent: Council Members Kierkiewicz, Richards, and Villegas —3. Excused: None. Bill 110: 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($770,000), and appropriates same to Highway Maintenance Administration Equipment account. Funds would be used for price increases on equipment purchases and to acquire equipment that was budgeted for in the previous fiscal year but not purchased due to lack of vendors. Reference: Comm. 582 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: January 19, 2022 Vote on Bill 110: Mr. Kaneali`i-Kleinfelder moved to pass Bill 110 on (Adopted) second and final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, and Chair David—6. Noes: None. Absent: Council Members Kierkiewicz, Richards, and Villegas —3. Excused: None. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (Note: Items in this category were taken up previously, out of order.) REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: (There were none.) Page 73 Hawai`i County Council-32 February 9,2022 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. (Note: At this time, Mr. Henricks presented a Certificate of Service to Ms. Laura Murashige, Executive Assistant to the Council Chair, to acknowledge her 25 years of service in the Office of the County Council. Additionally, members of the Council recognized the passing of former Councilman Brian De Lima, commemorating his several years of public service.) ADJOURN- There being no further business, at 4:33 p.m., Mr. Inaba moved to adjourn the MENT: meeting. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Villegas, and Chair David—7. Noes: None. Absent: Council Members Kierkiewicz and Richards—2. Excused: None. CHR. DAVID: We are adjourned. Mahalo, everyone. Council Approval: APR ® 6 2022 COUN _.r,' JH/dg/ja Page 74