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HomeMy WebLinkAboutMIN COUNCIL 2022-06-01 2020-2022 Hawaii County Council 41" Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii June 1, 2022 INVOCATION: Pastor Ron Brav of Calvary Chapel Hilo gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:01 a.m., in the Council Chambers, Hilo, by Ms. Maile Medeiros David, Chair. ROLL CALL: Present: Ms. Maile Medeiros David, Chair Mr. Aaron S. Y. Chung, Vice Chair Mr. 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 (via videoconference from Kona) Absent: 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.) 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: Timothy Rowan: Res. 426-22 (Comm. 823), in support. (representing Black Sands Beach Community Garden) Carrie Kowalski: Res. 426-22 (Comm. 823), in support. (representing Black Sands Beach Community Garden) Hawaii County Council-41 June 1,2022 Heather Howard: Bill 167 (Comm. 771), in support. (representing Coral Reef Education Institute) Paul Badgley: Bill 167 (Comm. 771), in support. (representing Coral Reef (See Comm. 771.225) Education Institute) Ted Bohlen: Bill 167 (Comm. 771), comment. (See Comm. 771.2336) Kristen Alice: Bill 160 (Comm. 750), comment. Jaime Pardau: Bill 167 (Comm. 771), comment. (See Comm. 771.383) John Palmer: Bill 167 (Comm. 771), comment. (see Comm. 771.380) Paul Montague: Bill 167 (Comm. 771), comment. (See Comm. 771.360) Lynn Miyahira: Bill 167 (Comm. 771), comment. (See Comm. 771.358) Cindi Punihaole: Bill 167 (Comm. 771), comment. (See Comm. 771.391) Bill Coney: Bill 167 (Comm. 771), comment. Patrick Hurney: Bill 160 (Comm. 750), comment. Eileen O'Hara: Res. 425 (Comm. 822), comment. Res. 426 (Comm. 823), comment. John Cranshaw: Bill 167 (Comm. 771), comment. (See Comm. 771.258) Maki Morinoue: Bill 167 (Comm. 771), comment. (See Comm. 771.361) Jodi Mercier: Bill 160 (Comm. 750), comment. Tina Yamaki: Bill 167 (Comm. 771), comment. (See Comm. 771.444) Page 2 Hawaii County Council-41 June 1,2022 Paul Norman: Bill 167 (Comm. 771), comment. Megan Lamson: Bill 167 (Comm. 771), comment. Lisa Bishop: Bill 167 (Comm. 771), comment. Jeff Bagshaw: Bill 167 (Comm. 771), comment. (See Comm. 771.226) Ellen McKinley: Bill 167 (Comm. 771), comment. Jo DiNardo: Bill 167 (Comm. 771), comment. (See Comm. 771.267) CHR. DAVID: I will be closing Public Testimony at this time. Mr. Clerk, could we please proceed? ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 397-22: APPROVES THE FISCAL YEAR 2022-2023 PROPOSED OPERATING (Draft 2) BUDGET FOR THE HAWAII STATE ASSOCIATION OF COUNTIES Reference: Comm. 772.2 Intr. by: Ms. Kimball Approve: GOREDC-22 Motion to Approve: Ms. Kimball moved to adopt Res. 397-22 and Governmental Operations, Relations, and Economic Development Committee Report No. 22. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. DAVID: Go ahead Ms. Kimball. MS. KIMBALL: We talked about this briefly in committee but hopefully you folks have had a chance to review the second draft, and I'm happy to answer any questions. CHR. DAVID: Thank you for that. Council Members, any questions? Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Ms. Kimball, who is the lobbyist for HSAC (Hawai`i State Association of Counties)? MS. KIMBALL: Jon Okudara. Page 3 Hawaii County Council-41 June 1,2022 MR. KANEALI`I-KLEINFELDER: What is his background? MS. KIMBALL: As a lobbyist? State Legislature. He's excellent. MR. KANEALI`I-KLEINFELDER: Is he good? MS. KIMBALL: Yes, he's excellent and in addition, our Executive Director Nahe Parsons is also assuming some of the lobbyist responsibilities, so we have both of them advocating for us at the State Legislature. MR. KANEALI`I-KLEINFELDER: Beautiful. Thank you. I wanted the catch on that as it was a line item in the budget. Thank you for that, I appreciate it. I yield Chair. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Alright, seeing no other discussion, all those in favor of approving Resolution 397-22, DOraft 2, please say "aye." Vote on Res. 397-22: The motion to adopt Res. 397-22 and Governmental Draft 2 Operations, Relations, and Economic Development (Adopted) Committee Report No. 22 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. Res. 408-22: AUTHORIZES THE ACCEPTANCE OF ALL DONATIONS OF SECURITIES OR PERSONAL PROPERTY TO THE COUNTY OF HAWAII WITHIN THE FISCAL YEAR 2022-2023 THAT ARE NOT COVERED BY THE DEPARTMENT OF FINANCE'S CAPITALIZATION PROCEDURES Provides County Council pre-authorization for the County to accept donations that are not covered by the Finance Department's capitalization procedures for Fiscal Year 2022-2023. Reference: Comm. 786 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-150 Page 4 Hawaii County Council-41 June 1,2022 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 408-22 and Finance Committee Report No. 150. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: No discussion, Chair. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of approving Resolution 408-22, please say "aye." Vote on Res. 408-22: The motion to adopt Res. 408-22 and Finance Committee (Adopted) Report No. 150 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. Res. 409-22: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE FEDERAL HIGHWAY ADMINISTRATION, PURSUANT TO HAWAII REVISED STATUTES, SECTION 46-7, FOR A GRANT TO THE DEPARTMENT OF PUBLIC WORKS Allows for the receipt of$726,000, to add 15 Hawaii Island Bikeshare stations in Kailua-Kona and Hilo. Reference: Comm. 787 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-151 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 409-22 and Finance Committee Report No. 151. Seconded by Ms. Kimball. CHR. DAVID: Go ahead Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Again,just a great opportunity for our county, stepping towards renewable energy, alternate transportation, I mean you name it. It's just a great program. Thank you. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of approving Resolution 409-22, please say "aye." Page 5 Hawaii County Council-41 June 1,2022 Vote on Res. 409-22: The motion to adopt Res. 409-22 and Finance Committee (Adopted) Report No. 151 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. Res. 410-22: AUTHORIZES THE DEPARTMENT OF PUBLIC WORKS TO AWARD (Draft 2) FUNDS TO THE PEOPLES ADVOCACY FOR TRAILS HAWAII Provides grant funds in the amount of$907,500, to purchase, ship, and install 15 additional Hawaii Island Bikeshare stations. Reference: Comm. 788.2 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-152 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 410-22, Draft 2, and Finance Committee Report No. 152. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I have no comment. CHR. DAVID: Alright. Anyone else? Seeing none, all thoseI'm sorry, Ms. Lee Loy, go ahead. MS. LEE LOY: Thank you. I just want to highlight for my colleagues, you know, PATH (Peoples Advocacy for Trails Hawaii) is a great partner and yesterday, we saw a great presentation of what they did with Quick Build out in Keaukaha, and so this is how this money works. I just wanted to highlight for my colleagues, it's this and the partnership, and just securing of the funds that actually helps infuse that into community. One thing PATH has done really well for my community, along with Mass Transit, is create these bikes near where the bus stops as alternative access. I just really wanted to highlight how this really does get us to some, you know, alternative modes of transportation. Thank you, Chair, I yield. CHR. DAVID: Thank you, Ms. Lee Loy. Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you, Chair. I think in committee we had asked some questions of Director Sako in terms of reach for this particular Bike Share Page 6 Hawaii County Council-41 June 1,2022 program. So Director,just wondering if you had a chanceI know we're amidst budget. I didn't see anything through our pinkies, but if you had any more information to share in terms of usage of the program? Okay, perhaps Council Member Lee Loy, we can have a discussion on this Bike Share program in your committee. I don't want to be a hang up and hold any of this funding up. I'll be supporting this today, but certainly want to make sure we get the questions we posed answered in your committee. Thank you, Chair, for the latitude. I yield. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, all those in favor of approving Resolution 410-22, Draft 2,please say "aye." Vote on Res. 410-22: The motion to adopt Res. 410-22, Draft 2, and Finance (Adopted) Committee Report No. 152 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. Res. 417-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR PARK MAINTENANCE AND/OR IMPROVEMENT PROJECTS AT VARIOUS FACILITIES IN COUNCIL DISTRICT 6 Transfers $6,250 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Transfer to Capital Projects Fund-General account. Reference: Comm. 802 Intr. by: Ms. David Motion to Approve: Ms. Lee Loy moved to adopt Res. 417-22. Seconded by Mr. Inaba. CHR. DAVID: Thank you for the motion, Ms. Lee Loy. Pretty self-explanatory, I'm just providing Parks and Recreation with additional funds to make progress on our facilities in K5 u, so I ask for your support. Anyone else? Seeing none, all those in favor of approving Resolution 417-22,please say "aye." Page 7 Hawaii County Council-41 June 1,2022 Vote on Res. 417-22: The motion to adopt Res. 417-22 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. Res. 418-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE DEPARTMENT OF PARKS AND RECREATION TO PURCHASE SUPPLIES FOR THE 2022 FOURTH OF JULY CELEBRATION IN HILO Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Parks and Recreation, Culture and Education Other Current Expenses account. Reference: Comm. 808 Intr. by: Mr. Chung Motion to Approve: Mr. Chung moved to adopt Res. 418-22. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead Mr. Chung. MR. CHUNG: I just ask for your support. CHR. DAVID: Thank you. Anyone else? Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I'm just going to say it. I like this event, thank you. Thank you, Mr. Chung. CHR. DAVID: Alright. Awesome. Anyone else? Seeing none, all those in favor of approving Resolution 418-22, please say "aye." Page 8 Hawaii County Council-41 June 1,2022 Vote on Res. 418-22: The motion to adopt Res. 418-22 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. Res. 420-22: AUTHORIZES THE ACCEPTANCE OF DONATIONS FROM THE STATE OF HAWAII, HAWAII EMERGENCY MANAGEMENT AGENCY TO THE COUNTY OF HAWAII CIVIL DEFENSE AGENCY FOR SANITIZATION SUPPLIES The donation of these supplies, with a total value of approximately $39,925, would be used to sanitize locations in which the County provides services to the public. Reference: Comm. 814 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 420-22. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Mahalo Chair. This was asked to be waived by the department. This is for 10 electrostatic sprayers and 5 mist backpack sprayers relating to COVID (coronavirus disease) and CARES (Coronavirus Aid, Relief, and Economic Security) Act funding. This is to multiple departments throughout the county. I ask for everyone's support. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing none, all those in favor of approving Resolution 420-22, please say "aye." Vote on Res. 420-22: The motion to adopt Res. 420-22 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. Excused: None. Page 9 Hawaii County Council-41 June 1,2022 Res. 421-22: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE HAWAII STATE PUBLIC LIBRARY SYSTEM, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE MASS TRANSIT AGENCY Allows for the receipt of$350,000, which would be used to conduct a feasibility study of co-locating a library at the future Pahoa Transit Hub. Reference: Comm. 815 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 421-22. Seconded by Ms. Kierkiewicz. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: You know, this is actually really neat, and I like what the purpose of this is as far as studying the co-locating of State Public Library slated for Pahoa with a mass transportation hub. Putting those services together is ideal and efficient. I like the momentum behind this, so appreciate everyone's support. CHR. DAVID: Thank you. Anyone else? Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you, Chair. I just wanted to echo those sentiments and mahalo nui the state for making this investment and collaborating with the County. I just appreciate the layering of funding and services so that folks can access, you know, the critical supports of the library but also public transportation, making it a true hub of services for Puna, which is so needed. So looking for everyone's support. Mahalo, I yield. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, all those in favor of approving Resolution 421-22,please say "aye." Vote on Res. 421-22: The motion to adopt Res. 421-22 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. Excused: None. Page 10 Hawaii County Council-41 June 1,2022 Res. 422-22: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO A MULTI- YEAR AGREEMENT WITH THE OFFICE OF THE AUDITOR, STATE OF HAWAII Authorizes the Mayor to enter into a three-year agreement to conduct an audit of the schedule of employer allocations of the Employees' Retirement System. Reference: Comm. 817 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 422-22. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: This item was waived to council at the request of Director Sako from Finance. Ms. Sako, do you want to come up to give us a little background on this for the council? Thank you for being here this morning. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: Good morning. This is an agreement. In order to do our audit each year, our Annual Comprehensive Financial Report, we do have to use actuaries, different auditors to get the entire ERS (Employees' Retirement System) information and allocate it to each of the counties. This is just our agreement to pay our share of that, but it has become easier to do a multi-year agreement so that we don't have to come in every year to do it, and then the vendor knows what they'll be doing. MR. KANEALI`I-KLEINFELDER: Thank you. Did we lose the vendor—the vendor that we had for audit, same one MS. SAKO: Our audit is the same, but this is statewide, so this is actually the auditor for the State ERS System. MR. KANEALI`I-KLEINFELDER: Okay. MS. SAKO: They do extra work for us. MR. KANEALI`I-KLEINFELDER: So different? MS. SAKO: Yes. Page 11 Hawaii County Council-41 June 1,2022 MR. KANEALI`I-KLEINFELDER: Okay. Thank you, Ms. Sako. Appreciate it. I yield, Chair. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing none, all those in favor of approving Resolution 422-22, please say "aye." Vote on Res. 422-22: The motion to adopt Res. 422-22 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. Excused: None. Res. 424-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOSPICE OF HILO FOR REIMBURSEMENT OF EXPENSES ASSOCIATED WITH ITS 18TH ANNUAL CELEBRATION OF LIFE EVENT Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 821 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 424-22. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: This is a beautiful event and I really love this agency, Hospice of Hilo, and some of the folks in the directorship. So, look for everyone's support. Mahalo. CHR. DAVID: Thank you. Anyone else? Ms. Lee Loy, go ahead. MS. LEE LOY: Yeah, thank you. Mr. Kaneali`i-Kleinfelder, thank you. This was an amazing event this year and they took, in addition to just honoring all of our loved ones, they took a special time to honor Billy Kenoi this year. It was an amazing event, well-coordinated, pick up and drop off at the Civic, you know, Page 12 Hawaii County Council-41 June 1,2022 food trucks, food booths, and Reed's Bay just alive with amazing people just honoring their loved ones. Thank you for your contribution to this program. I yield. CHR. DAVID: Thank you for that, Ms. Lee Loy. Anyone else? Seeing none, all those in favor of approving Resolution 424-22,please say "aye." Vote on Res. 424-22: The motion to adopt Res. 424-22 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. Excused: None. Res. 425-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA O PUNA FOR SIGNAGE FOR ITS URBAN PERMACULTURE GARDEN Transfers $2,000 from the Clerk-Council Services –Contingency Relief account (Council District 5); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 822 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 425-22. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Mahalo Chair. I really have to say I really appreciate Eileen O'Hara from Malama O Puna. She does a lot for our community. And when I call upon her to help me get some CRFs (Contingency Relief Fund) done, she's there and she's present. So, mahalo to Eileen. And I just—this resolution and the next really speak to—we discuss sustainability and I love it but sometimes it's just the folks in the community here to get it done in a gardening project like thisI just love supporting things like this because it's pono and it's right. So, look for everyone's support. Thank you. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing none, all those in favor of approving Resolution 425-22, please say "aye." Page 13 Hawaii County Council-41 June 1,2022 Vote on Res. 425-22: The motion to adopt Res. 425-22 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. Excused: None. Res. 426-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA O PUNA FOR THE BLACK SANDS BEACH COMMUNITY GARDEN Transfers $2,750 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 823 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 426-22. Seconded by Mr. Inaba. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Like I stated before, again, this is an amazing community-driven project, building a garden in the community, bringing in the kids from the community, growing food, sending everybody home with food, it's just amazing. I went to visit; they gave me a head of cabbage that was bigger than my head and I just couldn't believe it. I said, "You guys grew this?" They said, "Yes." I was like, "Wow." So this resolution actually is almost a year in getting done. Don't ask me why it took so long; and multiple nonprofits, Eileen helped me out and then finding an agency to help get this funding to the community was difficult. I do appreciate R & D (Research and Development) coming through on the back end and helping us get this done. So I would appreciate everyone's support on this, given the length of time it took to get this done and wrapped up. Thank you. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing none, all those in favor of approving Resolution 426-22, please say "aye." Page 14 Hawaii County Council-41 June 1,2022 Vote on Res. 426-22: The motion to adopt Res. 426-22 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. Excused: None. Res. 427-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR PARK MAINTENANCE AND/OR IMPROVEMENT PROJECTS AT VARIOUS FACILITIES IN COUNCIL DISTRICT 5 Transfers $23,750 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Parks and Recreation, Transfer to Capital Projects Fund-General account. Reference: Comm. 824 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 427-22. Seconded by Mr. Inaba. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: In my eyes, I think no department needs more funding than Parks and Recreation to improve our facilities. I think a lot of you would agree, and I really appreciate Mo guys in helping me get this done at the last minute, like I always do, to get the funding directly to the district where it's needed. So look for everyone's support. Thank you. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing none, all those in favor of approving Resolution 427-22, please say "aye." Vote on Res. 427-22: The motion to adopt Res. 427-22 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. Page 15 Hawaii County Council-41 June 1,2022 Res. 428-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE DANIEL R. SAYRE MEMORIAL FOUNDATION TO PURCHASE AN ICE MAKER FOR THE HAWAII FIRE DEPARTMENT'S SOUTH KOHALA STATION AT MAUNA LANI Transfers $1,500 from the Clerk-Council Services –Contingency Relief account (Council District 9); and credits to the Hawaii Fire Department, Fire Protection- Other Current Expenses account. Reference: Comm. 825 Intr. by: Mr. Richards Motion to Approve: Ms. Lee Loy moved to adopt Res. 428-22. Seconded by Mr. Inaba. CHR. DAVID: Go ahead, Ms. Lee Loy. MS. LEE LOY: Thank you. On behalf of Council Member Richards, I have a little note here that this is to help with the Fire Station. I saw the Fire Chief walk in and so I'm hoping he has a little bit more background on this. My understanding is it's to assist with the Fire Station near Mauna Lani, Queen Ka`ahumanu Highway. (Note: At this time, Fire Chief Kazuo Todd came forward to address the members of the Council.) CHIEF TODD: So this is for our South Kohala Fire Station and basically, as you guys know, we run a lot of brush fires occasionally out there. So having an ice machine in the station just makes it a lot easier to basically throw a bunch of ice in the cooler, throw the Gatorade inside and actually have cold Gatorade as opposed to warm Gatorade. It`s not quite as appetizing when it's been sitting in the truck for a couple of hours. So it is a huge benefit and very much we want to thank Council Member Richards for thinking of us with some of his contingency funds. MS. LEE LOY: Asking for everyone's support. CHR. DAVID: Thank you, Ms. Lee Loy. Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: There is no greater joy in a crew's life than getting an ice machine. I don't care what department you're working in, on what area of life—even if you just have a house and you have an ice machine. When you get an ice machine, it's a beautiful thing. It costs a lot but it's a beautiful thing. Thank you, Mr. Richards. Page 16 Hawaii County Council-41 June 1,2022 CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Thank you, Chief Todd, for being here. Just for the record, I wanted to make note that it was you that was speaking. All those in favor of approving Resolution 428-22, please say "aye." Vote on Res. 428-22: The motion to adopt Res. 428-22 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. Excused: None. Res. 429-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO SPECIAL OLYMPICS HAWAII INC. TO PURCHASE UNIFORMS FOR THE ATHLETES OF SPECIAL OLYMPICS EAST HAWAII Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 826 Intr. by: Mr. Chung Vote on Res. 429-22: Mr. Chung moved to adopt Res. 429-22. Seconded by (Adopted) Ms. Lee Loy 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. Excused: None. Page 17 Hawaii County Council-41 June 1,2022 Res. 430-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR PARK MAINTENANCE AND/OR IMPROVEMENT PROJECTS AT VARIOUS FACILITIES IN COUNCIL DISTRICT 2 Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Parks and Recreation, Transfer to Capital Projects Fund-General account. Reference: Comm. 827 Intr. by: Mr. Chung Vote on Res. 430-22: Mr. Chung moved to adopt Res. 430-22. Seconded by (Adopted) 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. Excused: None. Res. 431-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NORTH KOHALA COMMUNITY RESOURCE CENTER FOR EXPENSES RELATING TO PLUMBING INSTALLATION AND MANAGEMENT OF THE AGRICULTURAL WATER HYDRANT IN NORTH KOHALA Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 828 Intr. by: Mr. Richards Motion to Approve: Ms. Lee Loy moved to adopt Res. 431-22. Seconded by Ms. Kierkiewicz. CHR. DAVID: Go ahead, Ms. Lee Loy. MS. LEE LOY: You know, again, this is Mr. Richards' contingency account and if I'm reading this note right, as titled in the resolution, it's to help with repairs to the water that would allow current ag users access to water. Of course, it's not a permanent fix but at least it's a solution to provide water to our farmers in that district. I ask for everyone's support. Page 18 Hawaii County Council-41 June 1,2022 CHR. DAVID: Thank you, Ms. Lee Loy. Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you, Chair. Yes, I'm going to be supporting this. Council Member Richards has been a strong advocate in kind of dealing with the Kohala water ditch situation. He just wanted to make sure everybody knew that he was coordinating with the Department of Water Supply on this, so just looking for everyone's support and just appreciate his dedication to this issue. It's a temporary fix while they work on longer term permanent solutions. Thank you, Chair. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none,just want to say mahalo to Mr. Richards as well. All those in favor of approving Resolution 431-22, please say "aye." Vote on Res. 431-22: The motion to adopt Res. 431-22 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. Excused: None. CHR. DAVID: Please move on to Bills for First Reading. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): Bill 159: AMENDS ORDINANCE NO. 21-39, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2021, TO JUNE 30, 2022 Adds the Parks and Recreation Hawaiian Paradise Park District Park—Fair Share project($235,000)to the Capital Budget. Funds for this project shall be provided from Fair Share funds and be used for costs associated with planning, design, and an environmental assessment. Reference: Comm. 746 Intr. by: Ms. Kierkiewicz Approve: FC-153 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Page 19 Hawaii County Council-41 June 1,2022 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 159 on first reading and adopt Finance Committee Report No. 153. Seconded by Mr. Inaba. CHR. DAVID: Go ahead Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. We had a pretty robust discussion in committee,just looking for everyone's continued support. I know Deanna is really excited about this being the first step because from here, we are able to go after some of the federal infrastructure dollars to really make sure this park happens for the HPP (Hawaiian Paradise Park) community. Thank you, Chair, I yield. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Question for the writer, is this a County park, or is it county property? MS. KIERKIEWICZ: Chair if I might? CHR. DAVID: Yes, go ahead. MS. KIERKIEWICZ: Thank you. This parcel was donated by HPPOA (Hawaiian Paradise Park Owners Association) to the County and so it is a 20-acre parcel in HPP that is under the County's jurisdiction. It would be a county facility. MR. KANEALI`I-KLEINFELDER: Wow. Neat. Okay, thank you. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing none, all those in favor of approving Bill 159 at first reading, please say "aye." Vote on Bill 159: The motion to pass Bill 159 on first reading and adopt (Approved) Finance Committee Report No. 153 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. Excused: None. Page 20 Hawaii County Council-41 June 1,2022 Bill 160: AMENDS CHAPTER 11 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO AFFORDABLE HOUSING PRODUCTION FUNDING Establishes an annual appropriation of at least$5 million per year to the Office of Housing and Community Development to facilitate programs that support affordable housing production. Reference: Comm. 750 Intr. by: Ms. Kierkiewicz Approve: FC-154 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 160 on first reading and adopt Finance Committee Report No. 154. Seconded by Ms. Lee Loy. CHR. DAVID: Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you. You know, we had a pretty substantial discussion in committee. I do have Administrator Kunz on Zoom because I know that they had, the Administration had to leave for an appointment, but I know my colleagues had some additional questions. Looking for everyone's support on this. It would provide a $5 million allocation to housing production on an annual basis but in times of abundance like we are now, the administration has been kind enough to kind of up that to $9 million to get the program started. So really mahalo, you know, Director Sako for making that happen. In committee, I did provide a list of how this program would be administered by the office and what functions it would be supporting. I had conversations with the Housing Administrator who also connected with Corporation Counsel. I don't think the move forward is going to be introducing an ordinance to codify what was in the exhibit, similar to what we did with Bill 111 that was introduced by Council Member Chung related to homelessness and housing, the approach is going to be developing rules for the department to administer the program and I can pitch it over to Administrator Kunz to share a little bit more information about how that process would work. Administrator. (Note: At this time, Housing Administrator Susan Kunz came forward to address the members of the Council.) MS. KUNZ: Good morning, everyone, Susan Kunz with the Office of Housing and Community Development. So we did have a chance you know, I do want to go back to the last Finance Committee meeting, and I really apologize for having to kind of abruptly leave as we had another event we had to go to. I will definitely try to answer your questions today. So kind of carrying on further with Page 21 Hawaii County Council-41 June 1,2022 what Council Member Kierkiewicz was saying, we are thinking about working towards an Administrative Rule process to outline what this program is going to look like. You know, on the Administrative Rules, there's language in Chapter 11 actually that develops this process, and it does refer to HRS (Hawai`i Revised Statutes) Chapter 91 as well. So we will be following that guidance. That process is going to require us to do a 30-day public comment or comment period. We will have to have a public hearing, so definitely the community will have a chance to weigh in and ask questions further once we start to finalize what this draft Administrative Rules will look like. But I'm thinking it'll be pretty similar to what you're looking at in front of you. So if you have any specific questions about that, I'd be happy to try and address those. Thank you. MS. KIERKIEWICZ: Thanks Administrator. Chair, I have no other comments, I yield. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Mr. Kaneali`i- Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Ms. Kunz, a couple of questions for you. MS. KUNZ: Sure MR. KANEALI`I-KLEINFELDER: So the bill says, "to facilitate programs that support affordable housing production." What is your interpretation of the last three words, "affordable housing production?" MS. KUNZ: Affordable housing production is housing development, affordable housing development, basically. So any activity that is helping us to produce more housing units to meet the needs is what would qualify, I guess. MR. KANEALI`I-KLEINFELDER: So any activity towards the development, the production, anything at all? Completely open? MS. KUNZ: Well no, not completely open. If you look at the draft Housing Production Program handout that we provided, we delineated some of the activities that we're considering. Certainly in this public comment and this discussion period, I'm very open to hearing any other thoughts, if we've missed anything, but our initial thoughts are outlined in that draft housing program proposal. MR. KANEALI`I-KLEINFELDER: Okay. Then as far as a plan, it's $5 million per year. This is new money, there's a lot of sources of money coming in, I stated this in the last meeting we had. There's a lot of different funding sources and a Page 22 Hawaii County Council-41 June 1,2022 lot of thoughts towards addressing homelessness and affordable housing, but all of these kinds of things are mixing up. So I'm just looking for some comfort in knowing that all of these funds are being set aside with great intention but knowing that your agency really is going to have to have some sort of a plan going forward when you look at how to spend these funds down. MS. KUNZ: Right. So you know, and I do thank you for that question. I certainly understand the concern. It's a lot of new money coming into the Office of Housing, but I'm very clear about each pot of money because they each have a specific goal. You know, the previous bill that passed, which was to address homelessness is very different from this one. Although there was language added in there for housing development, I see it as directly relating to benefit homeless individuals, which is different from this pot of money. When you are doing housing development that is supporting individuals who are suffering from homelessness, you know, you're looking at programs that have supportive services attached. In this Affordable Housing Production fund or program, we're talking about right now, this is independent living. This is not, in my mind, tied into specific services. So we're looking to serve individuals up to 140 percent AMI(Area Median Income) and so on. Am I answering your question? MR. KANEALI`I-KLEINFELDER: Yes, you're doing good. MS. KUNZ: Okay. So there's a very big difference. And I think the other way that I'm looking to delineate the differences between the pots is in my office, I have different divisions that address these different programs. So I don't have one individual that's going to be overseeing all of this. I have a Homeless Program Coordinator who's going to be overseeing the homeless pot of money, and then I have our Grants Management Division who has been very successful in delivering our CDBG (Community Development Block Grant) and HOME (HOME Investment Partnerships Program) and HTF (Housing Trust Fund) funds for many years. That group is going to be overseeing this pot. So a lot of the structure that we're trying to put in place will come from those templates of those successful programs. So I feel very confident that we can develop programs that will manage this properly. MR. KANEALI`I-KLEINFELDER: Okay, and then this, I'm going down a little bit further, long term, let's say in two years, none of us are here, what happens? MS. KUNZ: Well, I think that's why we have to do Administrative Rules, so it doesn't matter who's sitting at the helm here in the Office of Housing or there in Page 23 Hawaii County Council-41 June 1,2022 the Council room. These programs will continue to run the way that we've outlined them to run, unless of course the Office of Housing goes back to the Council to review those program rules. MR. KANEALI`I-KLEINFELDER: Those rules are changed via the Administrator, correct? MS. KUNZ: That's correct. Yes. It's not actually approved by the Council but because Administrative Rules have a 30-day comment period, it does really give the opportunity for the community to weigh in. I believe the Mayor does the final approval on the Administrative Rules. MR. KANEALI`I-KLEINFELDER: Okay. Thank you, Director, that helps me a little bit. Thank you very much. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you. I just wanted to follow up on the question that my colleague Mr. Kaneali`i-Kleinfelder had posed, and Administrator, step in if I'm mischaracterizing your intention of carrying out this program. There's some real thought and strategy here, similar to the way your office administers the CDBG program very successfully year over year, my understanding here for this particular program, for Bill 160, all the housing money, there would be something similar to like a five-year consolidated action plan that really sets the goal, the target, over this medium range. Then each year there's an annual plan that articulates how whatever, the $5 million, could be more than that, would be spent. So we're not just throwing money at the problem, there is going to be real strategic investments that are made based on what we're hearing on the ground and the data that's coming in so that we are making a positive impact on our housing inventory. Administrator, is that accurate to you? I want to make sure I'm characterizing the intentions of what we have discussed correctly. MS. KUNZ: Right. That is correct. MS. KIERKIEWICZ: Okay. Thank you, Chair, I appreciate that. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Ms. Kimball, go ahead. MS. KIMBALL: Thank you, Chair. Thank you, Council Member Kierkiewicz for putting this forward. As I have said before, fully supporting sustained funding for affordable housing and addressing the Affordable Housing Program. Thank you, Susan, for all of your effort and support in putting this together and appreciation goes to the Mayor and the Administration for their contribution in the current budget of$9 million towards affordable housing. Page 24 Hawaii County Council-41 June 1,2022 I do view this pot of money slightly differently than the affordable housing one. I mean you have already explainedI'm sorry, Bill 111, the houseless bill, you've already explained some of the differences, but I think one of the key things is the difference between a five-year program to end homelessness has very clear, solid benchmarks. Even then I'm a little concerned that we haven't passed a resolution or any guidance from the Council's perspective of how we want to see that money spent. Whereas this package is a long-term funding package that will outlast this Council, this Administration, potentially your service as the Administrator. So I'm a little curious to hear from Corporation Counsel. Judge Strance, if you don't mind just contributing a little bit about the recommendation to not actually put this guideline for this in an ordinance. I mean I understand wanting to have flexibility, but I think we can have flexibility with maybe some descriptive terms in ordinance that makes things clearer like Council Member Kaneali`i- Kleinfelder—you know, what is affordable housing production? I'd kind of like to know too. I mean I think that's kind of an open-ended term. So Judge Strance if I can first ask you to come up or Susan. Ashley, if you have a response to that, it's fine. And let me just say I don't want anybody like, "This is an ego thing,"you know, "Holeka and Heather had their bill, Ashley's got her bill, who's bill wins?" It's not that. It's just we have to make sure we're fiscally responsible and we have guidelines for how these monies are spent. So Judge Strance, please. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Elizabeth Strance, Corporation Counsel. I'm not sure that we made a recommendation as a preference, but there's several different ways to get at the same—reach the same goal. I think that the Housing Department is managing a number of different programs and funding sources, and if this is the way that they normally stand them up, then this would be consistent with how other programming is set up. But there's more than one way to address this and rules would be one way. MS. KIMBALL: Okay, thank you. You know, so with that, I think that there is maybe at a very high level a need to have just some language in Chapter 11 that describes the program, maybe include some definitions, what are we calling affordable? You know, Maui just recently proposed a redefinition of that, that included additional costs associated with home ownership that are not typically part of the calculation in terms of what is affordable. That's something we might want to consider too. Also, really what falls withinI mean you've described some of your intentions in the memo and that's important. I think we all agree the intentions here are good, but I think for me personally, I do want to see some codification, particularly around definitions. Page 25 Hawaii County Council-41 June 1,2022 Then as far as the administration of the program, yeah, go ahead and use the rules system. In the interim, I'm going to support this legislation because I do want to see this money coming to you and having you be able to plan on that$5 million coming, hopefully more every year, but in the interim, I think we may want to consider putting it in a different location. That'll be a discussion for tomorrow until we have this established. So that's all, Chair, I yield. CHR. DAVID: Thank you, Ms. Kimball. Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you. I just want to recognize the comments that were put forward by my colleague, Council Member Kimball. I can certainly speak with Administrator Kunz about an ordinance that I think answers questions that have been raised by this body and ensures that we aren't making assumptions that people really understand what we mean by what we say. Affordable housing or housing production, I think those are terms that we can include in the ordinance but want to shy away from the minutia around how the office actually administers the program. So we can work on that. Thank you for the push for that. I yield, Chair. CHR. DAVID: Thank you, Ms. Kierkiewicz. Ms. Lee Loy, go ahead. MS. LEE LOY: Thank you, Chair. Thank you, Administrator Kunz for being here. You know, I think it first and foremost, our primary purpose here is oversight, and it's our fiduciary responsibility to ensure to our constituency that the funds that we are making available are being utilized in the manner in which they're directed to. That being said, I do agree that there needs to be something in Chapter 11 that just points to this fund and its administrative policies. There needs to be a connect the dot. Ms. Kimball touched upon it earlier, which is something we did with the two-tier tax. We've had a lot of conversations about it, and I'll be advancing a resolution on how to measure that program because again, I think the primary purpose we have here on the dais is that accountability to the funding. So this is that checks and balances that need to happen while we continue to support all of the good work that this money will provide for not only our constituency but the entire island. It's being clear that there's a connect the dot between the Council and the Administration and how these funds are utilized. I just wanted to share that. I completely support all of this funding, but I think at some point, we're going to have to fill all of this good structure out and demonstrate back to our community that the money, their tax dollars are being utilized to help. Thank you, Chair, I yield. CHR. DAVID: Thank you, Ms. Lee Loy. Mr. Kaneali`i-Kleinfelder, go ahead. Page 26 Hawaii County Council-41 June 1,2022 MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Ms. Sako, question about the funding. Beginning of Section 11-21, "At least$5,000,000 per year. . ." where are you going to pull that from? (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: The regular funds like everything else. MR. KANEALI`I-KLEINFELDER: Okay, so the General Fund? Property taxes? MS. SAKO: Most likely. I mean all the revenues are combined, yes. MR. KANEALI`I-KLEINFELDER: So $5 million a year? That's acceptable to the Department of Finance? MS. SAKO: It is for now, given the current conditions. If something changes, we may have to come back and to ask that to be reduced. MR. KANEALI`I-KLEINFELDER: The conversations we've had so far, I believe currently, were kind of over projected and we're looking at some sort of decrease in our General Fund. So that's what I was looking for because this is not just this year, this is forever. MS. SAKO: Right, it's forever, yes MR. KANEALI`I-KLEINFELDER: So forever on, $5 million a year, acceptable to the Department of Finance? And I'm not saying you think it's affordable housing or housing production,just strictly financially, the County can handle? MS. SAKO: The County can handle, you know, it just depends on what the economy does, and it depends how the money gets spent, you know? I mean part of it is going to be the success of the program also. MR. KANEALI`I-KLEINFELDER: Okay. What is our current contribution to the Disaster and Emergency Funds per year? MS. SAKO: Roughly $4 million. MR. KANEALI`I-KLEINFELDER: $4 million? So we're going to put more in the housing than disaster and emergency? MS. SAKO: Correct. Page 27 Hawaii County Council-41 June 1,2022 MR. KANEALI`I-KLEINFELDER: Okay. That's good for reference. Okay, thank you, Ms. Sako. Then Ms. Strance, one more question. I'm very interested in this word"production" and your take on this. Bills and language have been pointed out to be exceedingly important so the word "production" in this bill could be taken many different ways. In your opinion, what does production mean? (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: I have not done research. I'm assuming that the—as part of the drafting process that this is some term of art that is used in the industry or in other housing programs or funding mechanisms, so I don't have a definition. At this point, it could be something that would be more, I think, easily answered by the Director. MR. KANEALI`I-KLEINFELDER: Okay. MS. STRANCE: But I'm assuming that the language that was chosen for the bill was specific and standard in the industry. MR. KANEALI`I-KLEINFELDER: I would agree, but do we have any definitions this ties back to, as far as "production"in this chapter? MS. STRANCE: That was not something that I was involved in or asked to look at. So if your question is, is there a definition of production in the Hawaii statutes for example that this would reference or be guided by, I don't know. MR. KANEALI`I-KLEINFELDER: Okay, thank you, Ms. Strance. I yield, Chair. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Chair, if I may answer Mr. Kaneali`i-Kleinfelder's question. I was very intentional about using the word production because I really wanted to elicit taking action, getting houses on the market. I know we talked at length, and I fully appreciate the suggestion by Council Member Kimball about having programs to ensure that families have funding to put down payments on homes and whatnot. Yes, I want that. We all do, but I want to be very firm and disciplined around that we are taking action to ensure that there are homes being built, being rehabilitated, land being acquired, that there are homes for people to actually move into, which is why there was a very deliberate choice that Administrator Kunz and I made to include the word "production" in the program. Hope that provides a little bit more insight into our thought. Thank you, Chair. Page 28 Hawaii County Council-41 June 1,2022 CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, I just have one question, Administrator Kunz. The Administrative Rules process is what I'm asking about. Do you have any idea on the timeframe of drafting those rules, which will then have to go out to public hearing, is that correct? MS. KUNZ: Yes, that's correct. CHR. DAVID: So what do you anticipate the timeframe in drafting these rules? MS. KUNZ: So my staff has already been working to draft what those rules might look like. We will have to put out a notice, a 30-day notice, at which time we will be taking comments. But in addition, the notice will also let people know that we are gearing up for a public hearing. CHR. DAVID: I see. MS. KUNZ: So there will be an opportunity at the end of the 30-day period for folks to attend and participate in a public hearing. So the State law is pretty intentional about making sure that we're notifying people and letting them know that they have a chance to comment. CHR. DAVID: Thank you for explaining that process. That's all the questions that I have. Anyone else? Seeing none—go ahead. MS. KIERKIEWICZ: I just wanted to close the loop, you know, make sure that folks are aware that Administrator Kunz and I have a plan with a follow-up ordinance. I'm looking at deadlines to file. The soonest I can get this filed internally is by June 16, which means we would hear this in Committee on July 5. MS. LEE LOY: I'm hoping that meets the timeframe with Office of Housing because I want to make sure that the Council is able to have their imprint on what you eventually publish as the draft rules for the consideration by members of the public. MS. KUNZ: Yes, no problem. MS. KIERKIEWICZ: Great. Thanks Administrator. Thank you, Chair, I yield. CHR. DAVID: Thank you, Ms. Kierkiewicz for clarifying that. Alright, seeing no other comments, all those in favor of approving Bill 160 at first reading,please say "aye." Page 29 Hawaii County Council-41 June 1,2022 Vote on Bill 160: The motion to pass Bill 160 on first reading and adopt (Approved) Finance Committee Report No. 154 was carried by the following roll call 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. Excused: None. CHR. DAVID: Thank you, Clerk Henricks. Alright, move on to Bill 167 please. Bill 167: AMENDS CHAPTER 14 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO THE PROHIBITION OF NON-MINERAL SUNSCREEN Prohibits the sale and distribution of non-mineral sunscreen, unless prescribed by a licensed healthcare provider, beginning December 1, 2022. Reference: Comm. 771 Intr. by: Mr. Inaba and Ms. Villegas Approve: CRNRMC-2 Motion to Approve: Mr. Inaba moved to pass Bill 167 on first reading and adopt Climate Resilience and Natural Resource Management Committee Report No. 2. Seconded by Ms. Villegas. CHR. DAVID: Go ahead, Mr. Inaba. MR. INABA: Thank you. Yes, we had a lot of testimony again in favor of this bill. There was some discussion in committees last time regarding the preemption. We know that is not a problem now. Perhaps if Corporation Counsel wants to come up to speak to that—if you want to come up and get ready and then I'll just keep going. I don't, like I said last time, want to get into the science of it because we've heard scientists and researchers on both sides, primarily in support of this bill today. I think the only one in opposition, again, was somebody who works for a PR(Public Relations) firm, hired by the industry. So really, we know that there have been studies done and the point of this, and the intention of this bill is to make sure that we're protecting our reefs,protecting our shoreline most especially, and on the bigger scale, all marine life around our island. So speaking to the preemption though, Corporation Counsel, if you could weigh in on that please. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) Page 30 Hawaii County Council-41 June 1,2022 MS. STRANCE: Thank you. Elizabeth Strance, Corporation Counsel. At the last, I think committee meeting, I was asked to research the issue of whether the state sunscreen law preempted the County's ability to enact its own ordinance. The conclusion I reached is that it does not. The State sunscreen bill is placed in Chapter 342D of the Hawaii Revised Statutes. The sunscreen law referenced that. It prevented the counties from trying to move faster so that is some indication on the part of the drafters that the counties may have some involvement in this area. More importantly, Hawaii Revised Statutes 342D-19 expressly permits counties to pass laws so long as they are not inconsistent with the statute or rules. So the conclusion I reached was that this bill is not inconsistent with the State bill because it encompasses it and is in compliance with it. So from a preemption legal standpoint, I've concluded that the State has not preempted this area. There was also some discussion at the last committee about legislative history. Senator Gabbard was the introducer of the State bill. He testified in Maui in support of Maui's bill and stated that it was not the intention of the Legislature, or at least his intention in submitting the State bill, to preempt the counties' ability to legislate in this area. MR. INABA: Thank you. Yeah, so again, the two active ingredients that we are allowing, if this bill passes, are the only two that are regarded as safe and effective by the FDA (Food and Drug Administration). There are a lot of efforts, as you might have heard, different organizations, especially in Kona at Kahalu`u with the Kohala Center, focused around taking care of our reefs. This is the good work that these organizations are doing to educate and not just, you know, put laws into place like we're doing right now, but to make sure that we're out in the community educating, providing resources so that we do have the most responsible use of sunscreens. Again, there is more than enough mineral sunscreens in the store for consumers to purchase and they are safe. So asking for your support and happy to answer any questions that this body may have. I don't know if Council Member Villegas has anything she might want to add in Kona. CHR. DAVID: Thank you, Mr. Inaba. Ms. Villegas, go ahead. MS. VILLEGAS: First off, I want to start by thanking all of the testifiers today. What an incredible grouping of experts on this subject who have studied, have gathered the data, and have brought forth the white papers and the science supporting a transition away from nonmineral sunscreens, not only for the health and safety of our reef ecosystems but for our own human health. Thank you so much for the activists, the ocean lovers, the reef ecologists, the athletes, and the water people who sent in over 200 written testimonies in support of this Page 31 Hawaii County Council-41 June 1,2022 legislation. The time is now for us to make this pivotal change and to prioritize the health and safety of our ocean ecosystems and ourselves for our future generations. A couple things I wanted to kind of—so many things were already covered by our testifiers today, but a few things that jumped out to me was the value of our reef, according to NOAA (National Oceanic and Atmospheric Administration), in Hawaii, is $33 billion, and another testifier said that it is estimated that 14,000 tons of sunscreen go into our oceans every year. I'm not sure, specifically, if that was just based on ocean. I'd also like to call attention to a couple of people who testified. I thought that the necessary protocol for those paid to represent different organizations when giving testimony as a lobbyist meant that they had to essentially declare that. So that was a little disappointing that those representatives of those groups did not present that when they were brought forward. Thankfully, in my perception, the arguments raised were weak and mediocre at best,but I understand that there are those whose jobs are to bring forth a message and communicate things regardless of whether or not they are based on truth. One of those being a written testimony, the person who works for Lynn Miyahira, who works for iQ360, which I did look up and it is a lobbyist PR communication organization, presented a list of sunscreens that would then be banned from use on the Big Island. There are 95 sunscreens listed here. As an example of why this legislation lists the only two minerals to be used as active ingredients, going forward if this legislation passed, is that the State already made oxybenzone illegal. However, chemical companies and sunscreen manufacturers changed one particle in oxybenzone and changed its name to avobenzone. When looking at this list of sunscreens that would no longer be able to be sold here on the Big Island, of 95 of them, 80 now have avobenzone. So this is a very telling example of what happens when we just ban a certain name of a chemical. I just also wanted to point out that four of the other sunscreens listed on this lists octinoxate as one of their ingredients, so they are already illegal based on the State legislation. Let's see. Our skin is our largest organ and the sunscreen that we use on our skin, whether or not we are spending time in the ocean or time on land, washes off and ends up in our oceans. Just the magnitude of scientific documentation where the responsibility lies these two, titanium dioxide and zinc oxide are the only two minerals that the FDA has said are GRASE(Generally Recognized as Safe and Effective) approved and so that provides that, you know, have an FDA's official review listed in here. I just hope that any members of our Council who still have questions or are confused by any of the information that has been presented would ask those Page 32 Hawaii County Council-41 June 1,2022 questions today. I know that myself and Mr. Inaba, and the other experts who have spoken and provided written testimony have explained, in broad detail, the need for this legislation, and their gratitude for us moving forward with Bill 167, with the intention of keeping our oceans alive and healthy, and for the safety of our families and future generations. With that, I yield. CHR. DAVID: Thank you, Ms. Villegas. I'm going to go to the other Council Members at this point in time. Anyone else want to weigh in? Mr. Kaneali`i- Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Thank you, Ms. Villegas and Mr. Inaba for opening that up and for the discussion at committees. One of the things that caught me today was the discussion around not all sunscreen is worn in the ocean. I worked on roofs for 10 years and I put sunscreen on every day, but I was not in the ocean. I didn't think about that, but the testimony from the supportive testifiers was also very compelling,you know, 14,000 tons of sunscreen on our reefs per year, effects on the reefs and given global warming and climate change, you know, output by NOAA. Just very compelling on the environmentally responsive end. I'm a little torn today. Thank you. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Ms. Kimball, go ahead. MS. KIMBALL: I just have a brief recommendation for the drafters. You know, the reason we're here is because the chemicals previously prohibited by the State have gotten new names and are marketed under those new names. So that's the reason we're having this conversation. Your bill refers to the definition of sunscreen in the HRS, and the definition there is "Sunscreen means a product marketed or intended for topical use to prevent sunburn. Sunscreen does not include products marketed or intended for use as a cosmetic, as defined in section 328-1 . . ." Maybe just think if there's potential for abuse or work around with what your objective is for this bill, which is to keep certain minerals from the ocean and access to coral reefs. I don't have the answer to that right now, but I'm just—as I was looking at it, I was thinking there might be a potential to—okay, this is not sunscreen anymore, this is topical sun prevention rub, I don't know. You know, there's a potential there, so just think about it. Thanks Chair, I yield. CHR. DAVID: Thank you, Ms. Kimball. Anyone else? Mr. Chung. MR. CHUNG: You know, I was contacted by three people during this interim period, one who was vehemently opposed to this measure. He's a doctor, he's a dermatologist of all things. Then by another doctor at the gym, Kauai, who was in support of it. Then another person, a Stanford graduate, so must be really Page 33 Hawaii County Council-41 June 1,2022 smart, who just offered a news article or some kind of article from I think it was the New York Times, that indicated that the research on this was inconclusive, both ways. I will say this, I can find a lot of reasons to not like this piece of legislation. Some of these are, and I stated it earlier, this is really a supply-side type of legislation where you're onlyI mean, for lack of a better phrase—and you know, you're only really, for all intents and purposes,just prohibiting the sale. It does mention distribution or distribute so that means I can't hand this thing over to Sue, but it's going to be really difficult to enforce. I think people will be bringing things from outside so that they can use and perhaps feel that they're better protected. There are other elements over here, I don't even know why any monies generated from violations have to go to a Solid Waste Fund. I don't see the nexus. There might be one, I mean I can see if it was for more ocean pollution education or something, then fine. I also disagree with both, I think his name was Mr. Bollinger, former Deputy Attorney General. And no offense to our Corporation Counsel, but I think a strong argument could be made that this is preempted by State law, and I will explain why. Now, the statutes that were mentioned by our Corporation Counsel, first of all, the first one we have to look at is section 342D-21, and that is the one where the State has prohibited the sale or distribution for sale of those two things, oxybenzone and that other one, octinoxate. But is says that"No county shall enact any ordinance or regulatory restriction to prohibit the sale, use, labeling, packaging, handling, distribution, or advertisement of sunscreens containing . . . " those two elements, prior to January 2021. It only relates to those two elements. They have preempted, I believe, this area. But that's only my opinion. Then you go to 342D-19, it says, "Effect of laws, ordinances, and rules (b) Any county may adopt ordinances and rules governing any matter relating to water pollution control which is not governed by a rule of the department. . . " It doesn't say this State statute, it's only a rule, an administrative rule. I'm guessing it's the Department of Health, but some administrative department. But I'm not going to say that it is preemptive like one speaker said no, it's not preempted. I don't think any person can really say this is either preempted or not. We can just say what we think, right? Because ultimately, as we all know, it will be the Supreme Court that makes the decision. So I've said all those reasons why I could vote against it but at the same time, my good sense tells me there are reasons to really protect our coral reefs. You know, I don't like where one county is going to have a set of laws, another county another, and I really think this should be the State who steps in and does something. Having said that, I think tantamount to all of this is trying to protect our coral reefs, and I'm just going to air on the side of the poor coral polyps who Page 34 Hawaii County Council-41 June 1,2022 might be getting hurt. Really, this is of greater global concern, so I'll go that way today, again. I'm going to vote in favor of this, but there are some serious concerns in my opinion. Thank you. CHR. DAVID: Thank you, Mr. Chung. Ms. Lee Loy, go ahead. MS. LEE LOY: Thank you. I'm a sunscreen user every day. I run every day. So like Mr. Kaneali`i-Kleinfelder mentioned, he puts it on because he gets up on the roof. I put it on my kids because they're outside. And so for me, this felt like a huge stick; and there are different ways to write policy, carrots and sticks. During testimony, there was one testifier that mentioned that they actually created stations in which visitors could get the type of sunscreen protection that helped that particular site. So it got me thinking, what are we trying to do? Are we trying to encourage a better behavior or are we just taking a dull axe and saying "no"to sunscreen? That's where I fall down because I know many who struggled with skin cancer because of the sun. So this idea of it's not permitted here in Hawaii County really goes against my good sense that we need people wearing sunscreen for many reasons, and when we take those tools away from them, we run a bigger health risk. To the maker of these bills—of this particular legislation, I would love to support it if we could also stand up alongside it, specific beaches that we know are heavily used, a pilot program that provided this type of mineral sunscreen protection and we would achieve it all, right? We would get the behavior that we want. at the beaches is where we want it to happen, but still allow others to use sunscreen protection in their daily lives, whether they're up on a roof working on construction or our kids on the soccer field. So, I continue to be on the fence on this one, and I would love to see more carrots in this policy rather than just a real big dull axe. I want to support it, but if we're taking a stick to people's behavior, we're not going to get the result that we want. With that, I yield. CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else? Mr. Inaba, I'll go to you and then Mr. Chung. MR. INABA: Like I said, we have organizations doing the good work. Happy to support them further. But if we provide people the opportunity to buy this, by the time they get to the beach they would have already put on this stuff. So at what point do we help people to make better decisions? By providing them with safe sunscreens, numerous options in the stores? Then we can follow up on the back end with education and providing those resources and partnering with those organizations as well. But if we continue to allow, they will continue to buy and continue to use that. I use sunscreen every day too. I try to use these mineral sunscreens because I know it's going to be safer, whether I'm swimming in the water or I'm taking a Page 35 Hawaii County Council-41 June 1,2022 shower at the Naniloa Hotel where there might be potential for that to end up in the water. In the ocean, in the ponds there that we care about, or fishponds. So I definitely hear where there is concern, but like the testifier said, we have the opportunity to wear protective clothing and when we provide adequate options with mineral sunscreens, I don't see that we're preventing anyone from getting their safety the skincare that they need. Will be following up though and looking through some of the concerns that were expressed today as well, regarding the definition and some of what Mr. Chung brought up. CHR. DAVID: Thank you, Mr. Inaba. Mr. Chung, you had your light on? MS. VILLEGAS: I also, from over here when you have a moment. CHR. DAVID: Do you want to go, Mr. Chung? No? Ms. Villegas, go ahead. MS. VILLEGAS: Thank you so much. Thank you for mentioning that, Ms. Lee Loy. I'd like to also say and just point out that Kahalu`u is a facility and a County park that has been working on this and providing, I'm sorry, allowing people to exchange their nonmineral sunscreens for mineral sunscreens. They have installed an application station where people can utilize mineral sunscreens. I want to very much also clarify that this law applies to stores and the intentionality is to significantly remove any nonmineral sunscreens that are available for purchase on the Island of Hawaii. I also—as Ms. Kimball stated, sunscreen is in facial products, a lot of us who have facial regimentsI wish mine was better, I don't do it as often as I should,but there are sunscreens and it's my understanding that's not directly affected. I want to go back to something that I've utilized, and that Vibrant Hawaii utilized, and that the `Rina Aloha initiative utilizes, which is, "He `ike ana is ika pono;" "To see the right thing to do and do it." I'm asking for my colleagues' support in having the courage to take this stand. I'm hearing terms like "blunt axe," and yet when we sit here for other pieces of legislation, we're asked to accept a blunt axe until a sharper axe can be brought forth. So once again, as I've stated on this dais before, I'm asking for the same standards and expectations to be respected for all of us when we bring forth good pieces of legislation for the health and safety and the future of our island home, which we all love and care for in finding solutions to mitigate the devastation that people that spend every day in our waters are seeing. So I urge each one of you—and thank you, Mr. Chung, for expressing some of your legal concerns. But also when you check with your na`au on what's best for our island and risk versus rewards, we have brought forth the science, we have Page 36 Hawaii County Council-41 June 1,2022 brought forth the evidence, we have brought forth the reasons, and the time to be courageous in a County that hosts sustainability summits and environmental TED talks, the time is now. I yield. CHR. DAVID: Thank you, Ms. Villegas. Mr. Chung, go ahead. MR. CHUNG: Well, Ms. Villegas might take back her thanks after what I'm about to say. I'm still going to vote for it. She mentioned something, and I brought it up earlier about this being directed to the stores. If you look at the language of this bill, there's nothing that says it relates only to stores, as opposed to the State legislation, which I will read again says, "it shall be unlawful to sell, offer for sale, or distribute for sale. . . ." This bill says, "to provide"which I can provide to Ms. Lee Loy, sorry to keep picking on you over there, "sell,"which relates to a store, "offer for sale, or distribute. . ."that doesn't need a store. So that—you know, if those things were taken out, I'd feel a lot more comfortable quite frankly. I wanted to address that. The second thing is more on a fundamental level. You know, I hear the word "right," "courageous,"now I'm on the right and courageous side. I don't think I've ever thrown that at anybody who was opposed to a piece of my legislation that, you know, you have to do what's right, or you have to do what's courageous. I think that's wrong. We all have to vote our conscience and you know, sometimes it's really courageous for people to vote in the face of vocal support or opposition, however you choose to look at it. So you know, I just have to make that point. I'm not really fond of, you know, those words "courageous" or "right" when it's directed against other people. I'll still vote for this. Thank you. CHR. DAVID: Thank you, Mr. Chung. Anyone else? Ms. Kimball. MS. KIMBALL: Thank you. Just a couple additional recommendations to the drafters. I think Council Member Chung is correct that you may want to align the prohibitions in Section 14-31 with the language in the HRS. Also, there was the comment made earlier that the money being used by DEM (Department of Environmental Management)just—there is probably a connection there but maybe with Council Member Lee Loy's suggestion about dispensers at some of our public parks, maybe actually the alignment is better to use that funding to pay for dispensers within the public parks. Then finally, I do want to acknowledge that I also received communications from folks that I respect very highly that had concerns about this bill, and it was primarily around that usage, the forest people usage versus beach people usage. I ruminated quite a bit about it, and I think—I just kind of thought how I would behave, which is I'm going to have one tube of sunscreen in my car, and I'm going to use it when I go the beach and I'm going to use it when I go to the forest Page 37 Hawaii County Council-41 June 1,2022 to hike. So I thinkI'm not a big fan of the precautionary principle actually. I actually prefer to have pretty definitive—and I'm learning in this job, as a scientist, it's very hard to deal with this law stuff, it's so gray. I think in this scenario,just thinking about natural behavior, people are just going to use one tube of sunscreen in both locations. So it kind of make sense to me if we want to make sure it's not going into the ocean—and I can talk about the science a little bit. There are some things there, but I think that gets too wonky, but for the most part, I think it makes sense to just say, "Okay, we're going to cut this off,"because I don't think we can expect people to have two different types of sunscreens or however you guys choose to define it in the future. Thanks Chair, I yield. CHR. DAVID: Thank you, Ms. Kimball. Anyone else? Ms. Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you, Chair. I just want to mahalo nui my colleagues for putting this forward, I think it's great to have the discussion. I'm really on the fence here. I think we're all on the same page in wanting to protect our coral reefs and our ocean ecosystem. I have been wearing sun block since I was 12 years old. My son is white as snow and so making sure he's always got sun block when we are at the beach is really important. But, you know, similar to what Council Member Chung said about the science and data being inconclusive is where I'm at now. I don't know if this is going to fix the larger issue that's at play when we think about the impact to coral reefs. There's the runoff from wastewater and pesticides, and coastal development, and the warming of our oceans with climate change, and I just don't know if this is that thing that is going to solve the issue we're trying to address. I was really compelled by the testimony that was sent to me by Dr. Ku`ulei Rodgers, I think the Coral Reef Ecology Lab, more than three decades of experience studying our coral reefs. And she talked about how she and her team study the various corals across the state. There was an assumption that because there was high visitor traffic at Hanauma Bay, folks using sun block, that that is where we were going to see the most decline of our coral reefs, and that wasn't the case. It was actually in spaces where the temperatures were the warmest. So that was really interesting to me. I'm also aware that there is a report that the National Academy of Science is working on that is due in the fall. An impartial assessment of this science that I hope the introducers of this bill really take into consideration, and perhaps delay further deliberation on this until the report is out so that we really have all the information that we need to make good and responsible decisions. Page 38 Hawaii County Council-41 June 1,2022 Also kako`o what Council Member Lee Loy is saying about the policy piece needs to ensure that it is accompanied by the educational piece. It cannot just be one-off these things, they have to be in coordination. So that's where I sit. I haven't made up my mind as to where I'm going to go with this. I wish we had a little bit more time. I think this could use a little bit more work and finesse based on all of the really great comments that my colleagues provided. So I hope the introducers take that to heart and work on this before we're having to vote on it again. Thank you, Chair, I yield. CHR. DAVID: Thank you, Ms. Kierkiewicz. Mr. Kaneali`i-Kleinfelder, go ahead, MR. KANEALI`I-KLEINFELDER: I have a question for Ms. Villegas. CHR. DAVID: Go ahead. MR. KANEALI`I-KLEINFELDER: Ms. Villegas, on that list of sunscreens that will not be continued or allowed to be sold, is Ocean Potion one of those? MR. KANEALI`I-KLEINFELDER: First off, I just want to clarify that this list, I'm not backing as being a complete and thorough list as it was brought forth by a lobbyist, but Ocean Potion is not listed on this. MR. KANEALI`I-KLEINFELDER: That's good. I love that sunscreen. It smells like orange Creamsicles. Okay, I yield. Thank you. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Ms. Kimball. I'm sorry, Ms. Villegas, did you want to say something more? MS. VILLEGAS: Yes. I first off wanted to thank Council Member Chung for the suggestions and recommendations in transitioning the verbiage under prohibitions to make sure that it aligns with HRS. I think that is a very wise clarification and I look forward to working with my colleague, Mr. Inaba, in doing so. I also want to, in case anyone didn't necessarily see it, it was provided to Corporation Counsel, and it's the letter from Mike Gabbard talking about the legislation not preempting. So we can provide this also for next testimony, as I know that myself and my colleagues revere and support some of Mike Gabbard's expertise in this capacity. I also want to point out that the National Academy of Sciences is unfortunately and disturbingly a panel that's heavily biased with nine of the 12 members closely tied to the chemical sunscreen industry. And no report by such a biased group could counter the hundreds of worldwide studies indicating risks associated with Page 39 Hawaii County Council-41 June 1,2022 nonmineral sunscreens. The FDA (Food and Drug Administration), not the National Academy of Sciences is the primary regulator of sunscreens. The FDA has found 12 nonmineral sunscreen ingredients to be not GRASE at this time. The only two that the FDA has found to be GRASE, and the definition of GRASE is Generally Recognized as Safe and Effective, are the two nonmineral sunscreen primary ingredients that we have listed on this piece of legislation. I suppose I really would love to encourage and ask for the members of this Council to read the 200 testimonies that have been provided and look at that broader voice from our community versus a couple of people, most of which were paid to bring up any and every reason they could think of for this legislation not to be passed. It's like throwing noodles at a wall, they're paid to do that. I also want to point out that Ku`ulei, who I understand is a really wonderful doctor and coral reef ecology scientist, it was stated by the woman who manages Hanauma Bay and works with the people there that she has not done a study on this. There is so much information here. I supposed I'm baffled by—I've been listening to a speaker recently and she pointed out the difference between lying and just claiming that a truth isn't a truth, and bullshit; and I call bullshit on much of the testimony from the lobbyists that have been brought forward. CHR. DAVID: Ms. Villegas, hang on. Ms. Villegas, I'd like to remind you that our comments need to be professional. MS. VILLEGAS: Yes, my apologies. I'm just channeling Val. CHR. DAVID: Thank you. Ms. Kimball, go ahead. MS. KIMBALL: I'll be super brief. I just, as a scientist number one, I have to just stand up and say let's trust the scientist, let's trust the National Academy of Science, first. In response to Council Member Kierkiewicz about the science being not entirely definitive, it is not, and it is not ever likely to be. That is because there are so many confounding factors in a reef ecosystem. What has been studied and has been proven effectively is that these particular chemicals, in a controlled environment where you can exclusively test the impact of those chemicals that has been proven to have an effect, when you throw it out into the ecosystem, there's heat, there's wastewater, there are other things that are confounding it. So my assessment would be that this contributes to the poor health of our ecosystems. To what percentage, to what extent? I don't know. What I want to encourage the rest of the body here is that. Do not let this legislation prevent us from enacting other legislation that addresses climate change, primarily because heating of the ocean and ocean acidification is a significant factor, and management of our wastewater and ensuring that doesn't Page 40 Hawaii County Council-41 June 1,2022 continue to go out onto our reefs. So just a brief comment there on the science behind it. I think it's inconclusive, but I think that's okay, and we've got to work with what we've got. Thanks. CHR. DAVID: Thank you, Ms. Kimball. Ms. Lee Loy, go ahead. MS. LEE LOY: Thank you, Chair. CHR. DAVID: I'm going to wrap this up pretty soon. MS. LEE LOY: I just want to explain that I'm going to be voting "kanalua, no," because I think there's room for improvement. I do have a question for the makers because there was a lot of conversation around the changing of a name so avobenzone, would that be permitted or unpermitted? MR. INABA: Unpermitted. Titanium dioxide and zinc oxide are the only two active ingredients that would be allowed. MS. LEE LOY: Okay. MS. VILLEGAS: Chair, may I answer that as well? MS. LEE LOY: It's been answered, thank you. CHR. DAVID: Hang on, Ms. Lee Loy has the floor. MS. LEE LOY: Maybe because Mr. Kaneali`i-Kleinfelder and I have lots of kids that use sunscreen, Ocean Potion actually does have avobenzone, so I know Ocean Potion is my favorite also. So I wouldn't be able to use it. But I also think we heard a robust conversation about how this bill can be improved, which is why I will be voting "kanalua, no." I'm going to take a motion out of this conversation and focus on the words on paper and what it's trying to achieve. And as of this iteration, it doesn't achieve what I think it could potentially achieve by second reading. That's why I will be voting "kanalua, no" on this matter. Thank you, Chair. CHR. DAVID: Thank you, Ms. Lee Loy. I think we're going to wrap this up already. MS. VILLEGAS: Chair David? I just had a quick clarification. CHR. DAVID: Okay, very quickly, Ms. Villegas. Go ahead. Page 41 Hawaii County Council-41 June 1,2022 MS. VILLEGAS: Avobenzone is the chemical oxybenzone, that the State made illegal to be used in sunscreens here. They changed the name to avobenzone. So just for clarification on that. That is greenwashing and a trickery game in the naming of chemical additives in sunscreens. CHR. DAVID: Thank you. Alright, go ahead, Mr. Inaba. MR. INABA: Real quick. Thank you everyone for your comments. I will be going through them and reviewing the bill prior to second reading. And for those of you on the fence, I would ask for your support today so that we can continue, and if after these amendments are made you still can't support it, then I understand. You do what you do for your reasons. But I do ask, if you're on the fence, that we move this forward today like we did for other measures. Thank you. CHR. DAVID: Thank you, Mr. Inaba for that. Okay, discussion is over. It's my turn, and I'm not going to take too long. Great discussion. I'm not a scientist. What I do notice is what I've noticed in my lifetime about our reef systems and our oceans. Whether I have a real hard time attributing our decline in our reefs, our fish and limu to just one particular item, which is sunscreen, I have to speak really clearly about Kahalu`u. Ten plus years ago before this ban came up, I took my family down there because that's where I grew up and used to swim there. I went in the water with goggles and a snorkel, and I immediately came out. It was like a slick of oil on the water. I've never gone back to Kahalu`u. I want to thank Cindy and her group, because that initiated such a concern and since then, they've been taking care of Kahalu`u and that place has been outstandingly improved. So to me, I definitely am on the fence because the legal issues that Mr. Chung speaks about, I think are really valid, and we need to consider this when we're drafting legislation. We need to consider everything in order to have something that comes before us that for me, I can make an informed decision. Thank you, Ms. Strance for your position also. And I think the suggestions that came out today, the positions and the heartfelt concerns are real, and this body has a real tough job to do this. Like I said, I'm not a scientist but for today, I will honor Mr. Inaba's request that I'm going to vote in favor of it and move it forward. I really hope to see something that this body can embrace, because this is a really important issue for our ocean. So, saying that, Mr. Clerk, can we do a roll call? Page 42 Hawaii County Council-41 June 1,2022 Vote on Bill 167: The motion to pass Bill 167 on first reading and adopt (Approved) Climate Resilience and Natural Resource Management Committee Report No. 2. was carried by the following roll call vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kimball, Villegas, and Chair David—6. Noes: Council Member Kierkiewicz and Lee Loy —2. Absent: Council Member Richards — 1. Excused: None. Excused: None. (Note: Ms. Kierkiewicz and Ms. Lee Loy voted "kanalua"then "no;" and Mr. Kaneali`i-Kleinfelder voted"kanalua"then "aye.") CHR. DAVID: Okay, let's move on to Bill 168 please. Bill 168: INITIATES AN AMENDMENT TO ARTICLE XIV, SECTION 14-5 OF THE HAWAII COUNTY CHARTER(2020 EDITION), RELATING TO THE BOARD OF ETHICS Increases the membership of the board from five to seven members. Reference: Comm. 783 Intr. by: Ms. Lee Loy Approve: GOREDC-23 2/3 Vote: First of three required readings, Section 15-1(a), Hawai`i County Charter Motion to Approve: Ms. Lee Loy moved to pass Bill 168 on the first of three readings and adopt Governmental Operations, Relations, and Economic Development Committee Report No. 23. Seconded by Ms. Kierkiewicz. CHR. DAVID: Go ahead, Ms. Lee Loy. MS. LEE LOY: Thank you, Chair. At committee, we had Deputy Corporation Counsel, Cody Frenz, who is the County Corporation Counsel advisor to the Board of the Ethics. This is actually being advanced by them. There were some questions by my colleagues as to some of the stats that helped the Board of Ethics kind of arrive at their decision, and so I just wanted to share some of that information as it relates to where the other counties stand with their Board of Ethics and the size of their counties. So currently, Oahu, Kauai, and Maui have adjusted their membership along with the City and County of Honolulu. City and County of Honolulu and Kauai have seven members, and Maui County has nine Page 43 Hawaii County Council-41 June 1,2022 members, and this is based on basically their total population sizes along with the number of employees that they have in their county. So I just wanted to share that information for the record but continue to ask for everyone's support. CHR. DAVID: Thank you, Ms. Lee Loy. Anyone other discussion? Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Ms. Strance, I have a question. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Elizabeth Strance, Corporation Counsel. MR. KANEALI`I-KLEINFELDER: From your previous position as a judge, I was just thinking this morning as I was looking over the bill, a good direction, given the population, but I was thinking about the make up of the current board and wondering if it would be allowable, or in your eyes good, to require the make up be spread out amongst the island so there couldn't be all Hilo folks or all Kona folks. So there would be some equality amongst—and given that there are seven members, what do you think would be the best way to accomplish that? MS. STRANCE: Most of what you're asking is not a legal question but a policy question regarding the general regional composition of a board. So, you know, if it was written in the Charter, that type of composition, then that would be the direction because the Hawaii Constitution has given counties fairly broad authority in structuring their government. We had a discussion about that yesterday. I haven't specifically looked at this and whether there would need to be other language that would reference other portions of the Charter. I think most of what you're asking is a policy consideration and whether certain characteristics of membership is more important than geographic representation. Because a lot of the boards they have effect in different parts of the County. This particular board interprets the Ethics Code and so hopefully, that doesn't have geographic interpretation, but I think it would be a policy consideration of this body in terms of how it would want the composition of this board to be made. MR. KANEALI`I-KLEINFELDER: Okay. I kind of think about, this board in particular, as almost like the jury for our County in some instances. Okay, I appreciate the comments. I think for the maker of the bill, it would be interesting to see, if you're open to it, if we could do no less than, sorry, no more than a certain amount of residents of a single district would be seated at the board at the same time. So not district specific, but to just say no more than x amount of residence per district would be, or seated members of the commission would be Page 44 Hawaii County Council-41 June 1,2022 allowable at one time. I think that would be an interesting way to provide equitability across the board for this particular commission. Just my suggestion. Thank you, I yield. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? MS. VILLEGAS: Yes please, Chair. CHR. DAVID: Go ahead, Ms. Villegas. MS. VILLEGAS: I want to thank Council Member Kaneali`i-Kleinfelder for putting forth that idea. I know that coming from just having heard a number of constituents with concerns about equitable representation, and humans are humans, right? When we're all from the same community, it's easy to have a tendency to share similar opinions or be in on whatever is going on in that community, and I think it behooves us as a Council that asI just really like that suggestion that there be something as a stopgap in there and a safety measure to ensure that we don't end up with a stacked Ethics Commission with people from one area overly represented. One option is increasing this to nine members maybe and someone from each district being represented, but I think it behooves our County and our constituents to ensure that we aren't ever exposing ourselves to the potential of a stacked Ethics Commission in representation, too much of one area of the island. With that, I yield. CHR. DAVID: Thank you, Ms. Villegas. Anyone else on this end? Seeing none—Ms. Lee Loy, go ahead, you can wrap us up. MS. LEE LOY: Thank you. I'll actually take this back to Deputy Corporation Counsel Frenz, as again, this was being advanced from that membership. I'll take this back to her and see how she would like to deal with this with the Board of Ethics. I can speak to the current make up. We actually have two representatives from the west side and two from Hilo; one I believe is actually from Waimea, I would have to check. I think there's a nice balance right now, but who knows what happens going forward, and if we need these safeguards in place to ensure that equity. But will encourage my colleagues support and move it forward and have Ms. Frenz come and help us adjust it if necessary, going forward. Thank you, Chair, I yield. CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else? Alright, seeing none, I think that's a great suggestion, Ms. Lee Loy, taking into account the comments that were made by the members here. In that respect, Mr. Clerk,please do a roll call on this also. Page 45 Hawaii County Council-41 June 1,2022 Vote on Bill 168: The motion to pass Bill 168 on the first of three readings (Approved) and adopt Governmental Operations, Relations, and Economic Development Committee Report No. 23 was carried by the following roll call vote: Ayes: Council Members Chung, Inaba, Kierkiewicz, Kimball, Lee Loy, and Chair David—6. Noes: Council Members Kaneali`i-Kleinfelder and Villegas —2. Absent: Council Member Richards — 1. Excused: None. Bill 169: 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 Hawaii Island Bikeshare System —Federal account ($726,000); and appropriates the Hawaii Island Bikeshare System —Federal account. Funds would be used to add 15 Hawaii Island Bikeshare stations in Kailua-Kona and Hilo. Reference: Comm. 787 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-155 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 169 on first reading and adopt Finance Committee Report No. 155. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: We touched on this briefly via the resolution that we heard earlier. This is the federal grant portion, good discussion in committees, I yield. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor please say "aye." Page 46 Hawaii County Council-41 June 1,2022 Vote on Bill 169: The motion to pass Bill 169 on first reading and adopt (Approved) Finance Committee Report No. 155 was carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair David—6. Noes: None. Absent: Council Members Kierkiewicz, Kimball, and Richards —3. Excused: None. Bill 170: 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 Coordinated Services account($52,461); and appropriates the same to the Coordinated Services —Other Current Expenses account, bringing the total appropriation to $188,461. Funds would be used by the Department of Parks and Recreation's Coordinated Services Division for its Transportation and Outreach programs. Reference: Comm. 789 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-156 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 170 on first reading and adopt Finance Committee Report No. 156. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Deanna, I have a question for you, thank you. I'll try and keep it brief. If you could, ma'am,just provide me a real high- level overview of Coordinated Services. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: Coordinated Services is one of the divisions within the Department of Parks and Recreation's Elderly Activities Division. They provide a variety of services including some in-home services as well as transportation to the doctor, groceries, whatnot for many of our kupuna on the island. MR. KANEALI`I-KLEINFELDER: The white vans you see cruising around with our kupunas? Page 47 Hawaii County Council-41 June 1,2022 MS. SAKO: The four that were burned, yes, those would be the ones, yes. MR. KANEALI`I-KLEINFELDER: Okay. Then is this account normally over or is it just due to COVID? I mean, what was the reason behind this? MS. SAKO: I'm not sure where the extra funding came from. It does flow through the Department of Aging, so it's possible they just ended up with extra funds at the end of the year. We try to estimate the best we can but if somebody is going to give us extra money, we'll take it. MR. KANEALI`I-KLEINFELDER: Aging or Parks and Recreation? MS. SAKO: It comes from Aging to Parks and Recreation. MR. KANEALI`I-KLEINFELDER: So the Office of Aging gives the funds or transfers the funds over to Parks and Recreation to handle Coordinated Services? MS. SAKO: Yes, they get multiple sources but that's one of them. MR. KANEALI`I-KLEINFELDER: Then why, this may have been asked before but why not Mass Transportation? MS. SAKO: Right now, that's not the way it's set up in the federal guidelines. MR. KANEALI`I-KLEINFELDER: Okay, thank you, ma'am. I yield, Chair. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing none, all those in favor of approving Bill 170 at first reading, please say "aye." Vote on Bill 170: The motion to pass Bill 170 on first reading and adopt (Approved) Finance Committee Report No. 156 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. Page 48 Hawaii County Council-41 June 1,2022 Bill 176: 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 State—Public Library at Pahoa Transit Hub Study account($350,000); and appropriates the same to the Public Library at Pahoa Transit Hub Study. Funds would be used to conduct a feasibility study of co-locating a library at the future Pahoa Transit Hub. Reference: Comm. 815 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 176 on first reading. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I fully support this bill, look for everyone's support. Thank you. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of approving Bill 176 at first reading, please say "aye." Vote on Bill 176: The motion to pass Bill 176 on first reading was carried by (Approved) 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. Bill 177: 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($1,840,000); and appropriates the same to the following accounts: Police Administration Division—Other Current Expenses ($900,000), South Hilo Police-Other Current Expenses ($295,000), Investigation Cause of Death ($75,000), Planning Other Current Expenses ($300,000), Planning Equipment($20,000), Clerk-Council Services Other Current Expenses ($30,000), and Transfer to Solid Waste Fund ($220,000). Funds would be used for increases in cost and consumption as well as other unanticipated costs that have arisen throughout the year. Page 49 Hawaii County Council-41 June 1,2022 ;and Bill 178: 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($220,000); and appropriates the same to the Recycling Programs-County Other Current Expenses account. Reference: Comm. 816 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 177 on first reading. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair David. These were asked to be waived to Council to expedite the process. I do have a question for Ms. Sako, if you would. I'm going to ask you a strange question, Deanna. Let's just say we didn't pass this today, what would happen? (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: The departments would be over budget. MR. KANEALI`I-KLEINFELDER: And the funds would—where would the funds go? MS. SAKO: What do you mean, where do the funds go if they're over budget? I'm sorry. MR. KANEALI`I-KLEINFELDER: We're moving Fund Balance, correct? MS. SAKO: Yes. MR. KANEALI`I-KLEINFELDER: To each different account number that was listed by the County Clerk. So if we didn't make this transfer from the Fund Balance, would the funds just stay in the General Fund or roll over to the next year for the General Fund? MS. SAKO: Correct. Page 50 Hawaii County Council-41 June 1,2022 MR. KANEALI`I-KLEINFELDER: Okay, thank you. Can you speak to the Police Administration Division, OCE(Other Current Expenses) and why they're increasing the $900,000? MS. SAKO: Yeah, so that actually is primarily for fuel. There's also some electricity and water. The fuel went up way more than we anticipated, and I think part of that is more County vehicles are using the police tanks to fill up. I think people have been going to the closest fuel tank possible rather than driving down to the main base yards, so Police has been seeing a much higher consumption, but it's not all related to police vehicles, it's other County vehicles as well. MR. KANEALI`I-KLEINFELDER: I mean we do know how much the price of gas went up don't we? MS. SAKO: We do, yes. So we're glad they're not driving to the farthest one away. We want them to go to the nearest one. MR. KANEALI`I-KLEINFELDER: Thank you, and that's the biggest use of that $900,000? MS. SAKO: Yes, some electricity and probably a little bit of water as well, but primarily it was fuel. MR. KANEALI`I-KLEINFELDER: So basically, like utilities almost, yeah? MS. SAKO: Right. Anything related to the price of oil. MR. KANEALI`I-KLEINFELDER: Interesting. Okay, thank you very much, appreciate it, Deanna. Chair, I yield. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of approving Bill 177 at first reading, please say "aye." Vote on Bill 177: The motion to pass Bill 177 on first reading was carried by (Approved) 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. Page 51 Hawaii County Council-41 June 1,2022 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 178 on first reading. Seconded by Mr. Inaba. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Ms. Deanna Sako, if you could come up one more time,please. You may or may not be able to answer this but Recycling Programs for the County, we had a lot of people asking about what we're doing about recycling. We've had a lot of discussions about it. This funding is for what particularly? (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: So this is related to the previous bill, Bill 177. We were transferring $220,000 from General Fund to Solid Waste Fund and that's primarily for the HER (Hawaiian Earth Recycling) Contract or the composting contract. There's a consumer price index increase that we didn't budget for in the current year as well as they're starting work on Phase II of the project. MR. KANEALI`I-KLEINFELDER: Phase II of the HER project? MS. SAKO: Yes. MR. KANEALI`I-KLEINFELDER: So more mulch then? MS. SAKO: That's my understanding, yes. MR. KANEALI`I-KLEINFELDER: That would be nice. Okay, so this is not as a recycling like glass, bottles, cans, that kind of thing? MS. SAKO: Not that kind of recycling. Recycling greenwaste and other items, yes. MR. KANEALI`I-KLEINFELDER: Could these funds be applied to those areas if they wanted to? Is this the same account they would draw from? MS. SAKO: It's in that section, yes. But they have to spend it between now and June 30''. MR. KANEALI`I-KLEINFELDER: Good luck. MS. SAKO: Yes. Page 52 Hawaii County Council-41 June 1,2022 MR. KANEALI`I-KLEINFELDER: Okay, thank you very much, Ms. Sako. I yield, Chair. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of approving Bill 178 at first reading, please say "aye." Vote on Bill 178: The motion to pass Bill 178 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: Please proceed to Order of the Day. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): Bill 157: REPEALS ORDINANCE NO. 04-120, WHICH AMENDED SECTION 25-8-28 (KA`U DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL 20 ACRES (A-20a) TO AGRICULTURAL PROJECT DISTRICT (APD) AT PALIMA AND PA`AU`AU, KA`U, HAWAII, COVERED BY TAX MAP KEYS: 9-6-005:018 AND 9-6-006:004 (Planning Director Initiated) (Area: Approx. 171.782 acres) The Windward Planning Commission forwards its favorable recommendation to revert the zoning of two parcels of land to their original zoning designation of Agricultural-20 acres. The properties are located at 96-3090 Meyer Road, approximately 1.5 miles northwest of Hawaii Belt Road at Palima and P5'au`au in Ka`u. Reference: Comm. 742 Intr. by: Ms. Kierkiewicz (B/R) First Reading: May 18, 2022 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 157 on second and final reading. Seconded by Mr. Inaba. CHR. DAVID: Go ahead, Ms. Kierkiewicz. Page 53 Hawaii County Council-41 June 1,2022 MS. KIERKIEWICZ: Thank you. I have Mr. Greg Pile and Deputy Director Darrow on Zoom in case folks have questions, but this has been discussed in committee and at first reading, and it supports the Hester Trust Estate planning so looking for everyone's continued support on this. Thank you, Chair. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, I just want to thank the—Mr. Darrow and the owner for being here today. All those in favor of approving Bill 157 at second and final reading, please say "aye." Vote on Bill 157: The motion to pass Bill 157 on second and final reading (Adopted) was carried by the following roll call 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. Bill 158: AMENDS SECTION 25-8-7 (NORTH AND SOUTH KOHALA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL - 1 ACRE (A-la) TO SINGLE-FAMILY RESIDENTIAL - 15,000 SQUARE FEET (RS-15) AT WAIMEA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEYS: 6-5-007:045-0001 AND 0002 (Applicant: Dale Herbert Trefz) (Area: 33,738 square feet) The Leeward Planning Commission forwards its favorable recommendation for this change of zone, which would allow the applicant to seek subdivision of the parcel into two lots to remove the existing Condominium Property Regime designation and associated restrictions. The property is located at 65-1310 Lihipali Road, approximately 170 feet northeast of its intersection with Opelo Road, Waimea Homesteads in South Kohala. Reference: Comm. 743 Intr. by: Ms. Kierkiewicz (B/R) First Reading: May 18, 2022 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 158 on second and final reading. Seconded by Mr. Inaba. CHR. DAVID: Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I have Mr. John Pipan, representative for the applicant and members of the Planning Department on Zoom in the event Page 54 Hawaii County Council-41 June 1,2022 folks have questions, but this is just to provide clarity of ownership of homes that are existing on the property, so looking for everyone's continued support. Thank you. CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Mr. Kaneali`i- Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Thank you. Mr. Darrow, are you online? (Note: At this time, Co-applicant Yin Leung came forward to address the members of the Council.) MS. LEUNG: Hi, I'm Yin, I'm the neighbor of Dale Trefz and we're actually co-applicants for this application. It's really just to, it's like taking care of paperwork to—it's already a CPR(Condominium Property Regimes) unit and we're just trying to make it separate so that it's clearer TMKs (Tax Map Keys) and just clearer for any future sale of the property which we don't have plans for, but we just want to have that clarity of the property lines. MR. KANEALI`I-KLEINFELDER: Thank you for that explanation. My question was just more around the there's two homes currently on one parcel. MS. LEUNG: Right. So I'm in one of the homes and Dale is on the other property. So it's a CPR, and then in the old days, they used to condo-ize a lot in order to do the cheap way of subdivision I guess, and so we inherited—when Dale and I—Dale bought his property and I bought our property, we bought it as condos and so we have a CPR agreement. We're just using the same lines and the same survey marks and just making it into Residential. Just rezoning it so it's Residential. MR. KANEALI`I-KLEINFELDER: How big will each of the lots be when you're done? MS. LEUNG: They're one-acre lots so they're about approximately half an acre each. MR. KANEALI`I-KLEINFELDER: Okay, and in the notes, it says this is in accordance with the lots around the property. Is that true? MS. LEUNG: Yeah, there's another property just right next door that's also exactly they're both around half an acre each as well. Down the hill there are many other properties around the same size or even smaller. Page 55 Hawaii County Council-41 June 1,2022 MR. KANEALI`I-KLEINFELDER: Okay. Thank you for the explanation, I appreciate it. Excuse my questions, I wasn't here at the last meeting, I was out sick. MS. LEUNG: No worries. Dale might be having problems logging in because he and I have been waiting just in case you had questions. MR. KANEALI`I-KLEINFELDER: Well, I do appreciate you being here today. Thank you. Looks like there's some other people jumping online as well as we speak. MS. LEUNG: There's Dale. There he is. Okay. MR. KANEALI`I-KLEINFELDER: Actually, I don't have any further questions as this time. Thank you, I appreciate it. I yield, Chair. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing none, all those in favor of approving Bill 158 at second and final reading,please say "aye." Vote on Bill 158: The motion to pass Bill 158 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. Bill 161: AMENDS ORDINANCE NO. 21-39, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2021, TO JUNE 30, 2022 Reappropriates lapsed fuel tax funds from prior fiscal years by establishing the following fuel tax program appropriations to the Capital Budget: Roadway Projects (Engineering) ($451,774.22); Bridge Inspection, Repair and Replacement Program (Engineering) ($332,289.35); and Local Road Improvements (Highways) ($1,761,734.13), for a total appropriation of$2,545,797.70. Reference: Comm. 752 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 18, 2022 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Page 56 Hawaii County Council-41 June 1,2022 Vote on Bill 161: Mr. Kaneali`i-Kleinfelder moved to pass Bill 161 on (Adopted) second and final reading. Seconded by 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. Bill 162: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Increases revenues in the Fund Balance from Previous Year—Reserved account ($100,014.94) and the Fuel Tax—Designated Capital Improvement Projects account($600,000); and appropriates the same to the Transfer to Capital Projects Fund—Highway account. The appropriation of these excess revenues from prior fiscal year fuel tax collections is required to enable expenditure of the funds. Reference: Comm. 753 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 18, 2022 Vote on Bill 162: Mr. Kaneali`i-Kleinfelder moved to pass Bill 162 on (Adopted) second and final reading. Seconded by 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. Page 57 Hawaii County Council-41 June 1,2022 Bill 163: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Appropriates revenues in the Federal Grants —Workforce Innovation and Opportunity Act account($94,300); and appropriates the same to the following Workforce Innovation and Opportunity Act accounts: Rapid Response Administration/Planning 2021-2022 account($9,430) and the Rapid Response Program 2021-2022 ($84,870). Funds would be used for rapid response and layoff aversion activities. Reference: Comm. 754 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 18, 2022 Vote on Bill 163: Mr. Kaneali`i-Kleinfelder moved to pass Bill 163 on (Adopted) second and final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. Bill 164: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Increases revenues in the Federal Grants —Mainstream Voucher Administration account($30,000); and appropriates the same to the Office of Housing Other Current Expenses account, bringing the total appropriation to $81,679. Funds would be used for administrative costs to operate the housing voucher program. Reference: Comm. 756 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 18, 2022 Page 58 Hawaii County Council-41 June 1,2022 Vote on Bill 164: Mr. Kaneali`i-Kleinfelder moved to pass Bill 164 on (Adopted) second and final reading. Seconded by 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. Bill 165: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Increases revenues in the Real Property Tax Penalties account($720,000); and appropriates the same to the Transfer to Disaster/Emergency Fund account ($240,000) and the Transfer to Public Access/OpenSpace Preservation Fund account($480,000), to account for excess real property tax penalty revenue that must be appropriated into these special funds pursuant to the Hawaii County Charter. Reference: Comm. 757 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 18, 2022 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 165 on second and final reading. Seconded by Ms. Lee Loy. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Ms. Sako, I have one question for you and clarify for me, the two percent of the real property tax revenues go to the PONC (Public Access, Open Space and Natural Resources Preservation Commission) Fund? (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: Right. MR. KANEALI`I-KLEINFELDER: Then one percent of those revenues go the Disaster and Emergency Fund? MS. SAKO: Correct. Page 59 Hawaii County Council-41 June 1,2022 MR. KANEALI`I-KLEINFELDER: So two percent of the real property tax is? What's the value of that? MS. SAKO: For the current fiscal year, I think it's $7 million. MR. KANEALI`I-KLEINFELDER: And that one percent? MS. SAKO: So this is just we collected more than what we budgeted so we need additional appropriations so we can do the full transfer that's owed to these funds. MR. KANEALI`I-KLEINFELDER: Okay, and one more time. So two percent of our current budget is $7 million. Thank you. That's all I have, Chair, I yield. CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing none, all those in favor of approving Bill 165 at second and final reading,please say "aye." Vote on Bill 165: The motion to pass Bill 165 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. Bill 171: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Increases revenues in the Federal —Federal Emergency Management Agency — COVID-19 account($1,250,000); and appropriates the same to the Federal Emergency Management Agency —COVID-19 account, bringing the total appropriation to $4,500,000. Funds would be used to cover expenditures relating to the COVID-19 pandemic. Reference: Comm. 790 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 18, 2022 Page 60 Hawaii County Council-41 June 1,2022 Vote on Bill 171: Mr. Kaneali`i-Kleinfelder moved to pass Bill 171 on (Adopted) second and final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Chung, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair David—8. Noes: None. Absent: Council Member Richards — 1. Excused: None. Bill 172: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2022 Increases revenues in the Department Charges account($130,000); and appropriates the same to the Housing Ulu Wini Other Current Expenses account, bringing the total appropriation to $1,374,220. Funds would be used for operational costs of the Ulu Wini Family Assessment Center. Reference: Comm. 793 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 18, 2022 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 172 on second and final reading. Seconded by Mr. Inaba. CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Is Ms. Kunz online still? (Note: At this time, Housing Administrator Susan Kunz came forward to address the members of the Council.) MR. KANEALI`I-KLEINFELDER: Thank you for joining us today, Director. MS. KUNZ: I'm sorry for the delay. MR. KANEALI`I-KLEINFELDER: No, I just have kind of a last-minute question. I was thinking about this amendment to the budget but this account number, this department charges, what is that account used for? MS. KUNZ: This account is the Ulu Wini affordable housing project that we have in Kona. So this particular expense account is for operations of Ulu Wini. MR. KANEALI`I-KLEINFELDER: Okay, thank you, Ms. Kunz, appreciate it. Page 61 Hawaii County Council-41 June 1,2022 MS. KUNZ: Okay. MR. KANEALI`I-KLEINFELDER: What else you got? Sorry, I was interested. What can be ? MS. KUNZ: No, I was just going to say that the $130,000 appropriation increase is for a program that we run at this facility called the Family Assessment Center. MR. KANEALI`I-KLEINFELDER: Okay, I remember that from your last discussion. Okay, beautiful. Thank you, ma'am. I yield, Chair. CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of approving Bill 172 at second and final reading, please say "aye." Vote on Bill 172: The motion to pass Bill 172 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. Vote on Motion Mr. Kaneali`i-Kleinfelder moved to suspend Council to Suspend Rule 15 to waive the 5-day hold for reconsideration of Council Rules: Bill 172. Seconded by Ms. Lee Loy and carried by the (Approved) 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. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (There were none). 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 62 Hawai`i County Council-41 June 1,2022 OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There was none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) ADJOURN- There being no further business, at 12:25 p.m., Mr. Inaba moved to adjourn the MENT: meeting. Seconded by Mr. Kaneali`i-Kleinfelder 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: We are adjourned. Thank you. Approved: JUL 1 9 2022 \' -•...rte 1k CO • ERK JH/jm Page 63