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HomeMy WebLinkAboutMIN COUNCIL 2022-12-21 2022-2024 Hawaii County Council 2nd Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii December 21, 2022 INVOCATION: Rabbi Levi Gerlitzky of Chabad Jewish Center gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:05 a.m., in the Council Chambers, Kailua-Kona, by Ms. Heather L. Kimball, Chair. ROLL CALL: Present: Ms. Heather L. Kimball, Chair Mr. Holeka Goro Inaba, Vice Chair Ms. Cindy Evans, Member Ms. Michelle M. Galimba, Member Ms. Jenn Kagiwada, Member Mr. Matt Kaneali`i-Kleinfelder, Member (came in later) Ms. Ashley L. Kierkiewicz, Member Ms. Susan L. K. Lee Loy, Member Ms. Rebecca Villegas, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, County Clerk Jon Henricks led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions, MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (Note: At this time, a moment of silence was observed for the passing of three EXPRESSIONS OF first responders of the County of Hawaii in the Alenuihaha Channel last week.) CONDOLENCE: 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: Hawaii County Council-2 December 21,2022 Kaleonani Kalauoka`ae`a-Kahele: Res. 14-22 (Comm. 2), in support. (representing Kekelaokalani) Keli`i Kalauoka`ae`a-Kahele: Res. 14-22 (Comm. 2), in support. (representing Kekelaokalani) Cory Harden: Bill 230 (Comm. 1060), comment. Peter Tui Silva: Res. 15-22 (Comm. 3), in support. (representing Kumukahi Health and Wellness) APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Motion to Approve: Ms. Lee Loy moved to approve the Minutes of November 16, 2022. Seconded by Mr. Inaba. Point of Information: MS. EVANS: Chair, point of information. CHR. KIMBALL: Go ahead, Council Member Evans. MS. EVANS: I wanted to ask if the three newly elected members can vote on a meeting that they were not official at and attended on November 17'h [sic]. CHR. KIMBALL: Mr. Clerk? MR. HENRICKS: That has been our past practice in previous transitions. I took the time to look in Robert's Rules, and it states that—it doesn't talk about status, but it does say that a member's absence from a meeting for which minutes are being approved does not prevent the member from participating in their correction or approval. CHR. KIMBALL: Okay. Thank you, Mr. Clerk. MR. HENRICKS: You're welcome. CHR. KIMBALL: Council Member Evans, I believe the three of you are able to vote on this. MS. EVANS: Okay. Thank you. Then I'm proposing an amendment to the meeting minutes. CHR. KIMBALL: Go ahead, Council Member Evans. Page 2 Hawaii County Council-2 December 21,2022 MS. EVANS: Okay. So the amendment that I would like is on the roll call. Currently, it has "Present," "Absent and Excused,"but it does not address the fact that District 9 had a vacancy. I believe that it should show in the roll call that that was a vacancy. I know when I was reading the rules CHR. KIMBALL: Council Member Evans, can you just actually state the motion and then we'll get a second and then you can MS. EVANS: Okay. The motion is to amend the roll call to include the language, District 9 vacancy. Motion to Amend: Ms. Evans moved to amend the roll call in the minutes to include a notation of a District 9 vacancy. Seconded by Ms. Galimba. MR. HENRICKS: Madam Chair? CHR. KIMBALL: Yes. MR. HENRICKS: This process, if you'd like it to be, it can be formal where motions and seconds are made, or it can just be seen as corrections that would then be put forward by membership. And then if there aren't any objections, then you would note that those corrections would be applied. CHR. KIMBALL: All right. I think that since we've already made the motion and have the second, we'll just proceed as a motion to amend and seconded from Council Member MR. HENRICKS: Then can you recite that for me? I wasn't prepared for that. CHR. KIMBALL: My apologies. Council Member Galimba seconded that. Council Member Evans, if you can just briefly—if you had any further explanation and then we'll go ahead and vote on the amendment to the amendment. MS. EVANS: Okay. It's just I notice under the rules of the committee that when you count the number of members to create a majority or super majority, a vacant seat is counted. So it's acknowledging there's nine members. That's why I'm proposing the amendment. Thank you. CHR. KIMBALL: Any other further discussion? Seeing none, all those in favor of amending the minutes to include a notation that Council position nine was vacant, say "aye." Page 3 Hawaii County Council-2 December 21,2022 Vote on Motion to The motion to amend the roll call in the minutes to include Amend: a notation of a District 9 vacancy was carried by the (Approved) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: We'll move to the main motion of the minutes. All those in favor of approving the November minutes MS. GALIMBA: Excuse me, sorry. I have a little correction. I don't think it needs an amendment, but on page 17 at the bottom, I believe it says, "Mr. Chung,"but I believe it should say, "Chair David." CHR. KIMBALL: Okay. For this one, we won't go ahead and do a full amendment. Mr. Clerk, can that modification be noted, correction to the minutes? Thank you. So these modifications will be made to the amendment [sic] for my signature and before the final submission to the record. MR. INABA: Sorry. Council Member Galimba, can you please repeat what we're amending? MS. GALIMBA: On page 17 of the transcript, the very bottom, it says, "Mr. Chung." He says, "Thank you, Mr. Inaba. Anyone else? In Hilo?" Etcetera. So it's pretty clear that that's the chair that's saying that, not Mr. Chung. MR. INABA: Done. Thank you so much. CHR. KIMBALL: All right. We will move forward, then, with the motion to approve the minutes, as amended and corrected. All those in favor? Vote on Approval The motion to approve the Minutes of November 16, of Minutes: 2022, as amended, was carried by the following voice (Approved) vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Page 4 Hawaii County Council-2 December 21,2022 CHR. KIMBALL: Mr. Clerk, we will now go to the order of business for the day. I'd like to take a couple of items out of order, starting with Resolution 18-22. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order: Res. 18-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF REAL PROPERTY FOR THE DEPARTMENT OF RESEARCH AND DEVELOPMENT Authorizes the Mayor to enter into a four-year and eleven-month lease agreement with an option to extend for three additional five-year terms at an estimated monthly cost of$7,029 for property maintained by WKSP Limited Partnership care of Day-Lum Rentals and Management, Inc., located at 88 Kanoelehua Avenue, Hilo, for approximately 4,686 square feet of office space for the American Job Center Hawaii One-Stop-Shop office. Reference: Comm. 8 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 18-22. Seconded by Ms. Villegas. CHR. KIMBALL: Any discussion? MR. KANEALI`I-KLEINFELDER: Chair, if I could, we do have the Director joining us today in Kona and Mr. Ventura. If the Council Members do have any questions, I would like to hear from our Director and Mr. Ventura first, but then answer the questions after. Thank you. Mr. Adams, go ahead when you're ready. (Note: At this time, Research and Development Director Douglass Adams and Property Manager Hamana Ventura of the Finance Department came forward to address the members of the Council.) MR. ADAMS: I apologize. This ear is completely blocked, so I'm having difficulty hearing you. Am I allowed to speak? All right. Great. Aloha, all, particularly to our new members of the Council. I am Doug Adams, Director of Research and Development, County. This particular resolution allows us to move our American Job Center from its current location out on Kilauea in Hilo, to a new location that we are working on the leasing for in Waiakea-Kai Plaza right on Highway 11, right there at the intersection. This is something that will expand the size of the American Job Center, one-stop center. It's part of our workforce development plan and will allow the partners who had the opportunity to see the site on Monday; and the Page 5 Hawaii County Council-2 December 21,2022 ones that were there are very excited about seeing that site. So we look forward to being able to make that move relatively quickly,probably by—assuming that we have the approval of the Council, we'll be able to get the lease worked out very quickly, and then all the work that is necessary to make that move so that we would have it up and running by the end of January. MR. KANEALI`I-KLEINFELDER: Thank you, Mr. Adams. Mr. Ventura, I just wanted to say mahalo for providing us the information that we need. In the past, we've asked, "Well, how much is it going to be? Where is it?" But you've got it all in here, so thank you. And thank you, Director Adams, for providing us the background. Thank you. I yield, Chair. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Council Member Evans. MS. EVANS: Thank you. Just a quick question. I notice 4,686 square feet is quite a large size. I'm just curious. Is it classrooms? That's a lot ofI suspect quite a few people that are employed, which is a good thing. MR. VENTURA: Aloha. Hamana Ventura, Property Manager. What we're actually doing is taking a space that's already been occupied by the State. So a combination: reception area; cubicles; ability to go in and work on square footage, as we deem necessary, with our partners. MR. ADAMS: Also, having been on the site as well, there are a number of separate rooms that can serve as classrooms as well as conference areas that will help with the separate nature of some of the training that may be going on as well. MS. EVANS: So will your partners have an opportunity to use these spaces? MR. ADAMS: Yes, they may. MS. EVANS: Thank you. CHR. KIMBALL: Council Member Evans, do you yield? MS. EVANS: I yield. CHR. KIMBALL: Just a reminder that when you're done: "I yield." Thank you. Looks like we have Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Good morning, Director Adams. Can you hear me okay? MR. ADAMS: Yes. Thank you. Page 6 Hawaii County Council-2 December 21,2022 MS. KIERKIEWICZ: I just want to make sure. Great to see you all. Hamana, thank you for your hard work in finding this space. I just want to make sure; this is the old McDonald's, right? Fun Factory, Waiakea Theaters? MR. VENTURA: Correct. MS. KIERKIEWICZ: Okay. If you could just help me orient myself as to what space exactly they'll be using, because there was the bottom floor where I think Med-QUEST was located, and then upstairs were Fun Factory MR. VENTURA: On the second floor where Spade is located, that's the space. It's, you know, Ken's pancake house MS. KIERKIEWICZ: Yes. MR. VENTURA: It's the building behind. So it's closer going towards the mall. MS. KIERKIEWICZ: Okay. I'm familiar with the space. Thank you. How many partners are we housing in this one-stop shop? MR. ADAMS: That's to be determined right now based on the number of cubicles and spaces that will be in there, but it's going to be an increase—looks like it will be an increase from the number that we have right now. MS. KIERKIEWICZ: How many do we have right now? MR. ADAMS: On the site, that would be—let me get back with a direct number on that. MS. KIERKIEWICZ: Okay. It would be helpful to know how many folks and what partners are there. Is it correct to assume that we just have one American Job Center on the entire island? MR. ADAMS: Yes. MS. KIERKIEWICZ: Are there plans to use some of the WIOA, that's the Workforce Innovation and Opportunity Act, money to expand job center footprint around the island,just considering how massive our island is? MR. ADAMS: Yes. MS. KIERKIEWICZ: Okay. Great. Thank you, Chair, I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council Member Inaba. Page 7 Hawaii County Council-2 December 21,2022 MR. INABA: Thank you, Chair. Just paperwork-wise, our B-52, attached to this reso (resolution), says four-year-and-eleven-month lease with no additional option of extension, whereas the transmittal letter and the reso are saying three additional five-year terms. MR. VENTURA: Actually, we do have options, so I'll correct it and amend it. MR. INABA: Mr. Clerk, how do we address this? MR. HENRICKS: So if I understand you correctly, the resolution includes the three five-year options. The B-52, that is erroneous. I don't know that there's a way to correct it. It's kind of a historical document. It's submitted with the package. So I think just noting on the record that there is an error is sufficient. MR. INABA: Okay. And we are doing the extension option of three additional five years MR. HENRICKS: Assuming that is what is desired and it's more important that it's in the resolution. MR. INABA: Yeah. Okay, I just want to make sure we're all voting on the reso before us. Thank you. I yield. CHR. KIMBALL: Thank you, Council Member Inaba. I believe we have somebody in the Hilo chambers that wanted to offer an additional response to Council Member Kierkiewicz' question. So, recognizing someone who I can't quite see clearly over there; I'm not sure who it is. (Note: At this time, Housing and Community Development Specialist Royce Shiroma came forward to address the members of the Council.) MR. SHIROMA: I can answer some of the questions that Ashley had. Currently right now, in the present location, there are about four partners, most of them Goodwill, State workforce development, housing; and actually State has two programs at offer. In the new location, we are hoping to have all I think 13 or 14 partners there representing their services to the public. CHR. KIMBALL: Thank you, specialist Shiroma. Any further questions, comments? Hearing none, all of those in favor of adopting Resolution 18-22, please say "aye." Page 8 Hawaii County Council-2 December 21,2022 Vote on Res. 18-22: The motion to adopt Res. 18-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: I would like to take one other item out of order: Bill 229, please. MR. ADAMS: Chair, may I? CHR. KIMBALL: Yes, go ahead. MR. ADAMS: Is it possible to, I'm not sure about the propriety of this, but are you able to ask for a five-day waiver? Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to suspend Council Suspend Council Rule 15 to waive the 5-day hold for reconsideration. Rules: Seconded by Ms. Villegas and carried by the following (Approved) voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. MR. ADAMS: Thank you, Chair. Merry Christmas, everyone. CHR. KIMBALL: Thank you, Mr. Adams. Okay, Mr. Clerk, back to the agenda. Bill 229,please. I'm sorry, 228 and 229. Bill 228: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE (2020-2022) COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE RURAL DISTRICT AT KAWAIHAE, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-2-009:015 First Reading: November 16, 2022 Page 9 Hawaii County Council-2 December 21,2022 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 228 on second and final reading. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Just asking for my colleagues' continued support on this. For our newer members, we do have a summary of the discussion that took place in Committee in your packets, but this is to support Arte McCollough and his `ohana in the State planning purposes. So again looking for everyone's support. Thank you. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else with questions? Council Member Evans. MS. EVANS: I have concerns on two things that came up when I read the whole report. Is anybody here from the Planning Department? CHR. KIMBALL: I'm not sure if we have anybody from Hilo from the Planning Department. I do know we have the applicant here in chambers, and we also have the applicant's representative Mr. Arai, I believe, in Hilo chambers. Do we have anyone in Hilo chambers or on Zoom from the Planning Department? Don't sound like it. Council Member Evans, why don't you go ahead and pose your question. Perhaps one of us or Council Member Kierkiewicz can respond. MS. EVANS: Okay, I have some concerns with Condition N of the ordinance. It's found on page 5 and it says, "An initial MS. KIERKIEWICZ: Chair, so sorry. We're on Bill 228, not 229. MS. EVANS: I'm sorry. Pardon? CHR. KIMBALL: We're on 228, which is the SLU (State Land Use) boundary amendment; 229 is the next item. You have to wait till the motion on that. MS. EVANS: Oh, I'm sorry. CHR. KIMBALL: There's two bills with respect to this rezoning. There's the State Land Use amendment, and then there's the rezoning ordinance. So you're referring to a condition on the rezoning ordinance, correct? MS. EVANS: Okay, so wait a minute. CHR. KIMBALL: You're referring to Bill 228 or 229? MS. EVANS: I'm sorry. The reason I'm confused is that they're the same tax map key. Page 10 Hawaii County Council-2 December 21,2022 CHR. KIMBALL: That's correct. MS. EVANS: So I need clarification for 228 and 229 because they're the same parcel. CHR. KIMBALL: This has two items associated with it: Bils 228 and 229. They were read in together. The motion on the floor right now is to approve Bill 228. So the recommendation that I would make at this point is to dispose of the item the motion on the floor, Bill 228 by taking the vote on it, and then you can ask your question once the motion has been made to approve Bill 229. If you look at the first— MS. irstMS. EVANS: Okay. So 228 is basically the change of the maps? CHR. KIMBALL: Yes. (Inaudible.) MS. EVANS: And then 229 is actually the ordinance allowing the change from five acres to two. Okay, I get it. Okay. Thank you. CHR. KIMBALL: Okay, so you'll yield at this time. We'll go ahead and—any further discussions on Bill 228? Okay, all those in favor of approving Bill 228 on second and final reading, "aye." Vote on Bill 228: The motion to pass Bill 228 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball –8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder– 1. Excused: None. CHR. KIMBALL: Bill 228 is adopted. We'll now MR. HENRICKS: Madam Chair, for the sake of efficiency, would you like to take up other matters while we try to locate somebody from the Planning Department to be available for questions? CHR. KIMBALL: That's an excellent recommendation, Mr. Clerk. Is that okay with you? Okay. Council Member Kierkiewicz has texted the Planning Department to see if we could get somebody. So, Council Member Kierkiewicz, if you would let me know when somebody becomes available then we can move to that item. Let's, at this point, take one more thing out of order: Bill 221, please. Page 11 Hawaii County Council-2 December 21,2022 Bill 221: AMENDS CHAPTERS 17 AND 26 OF THE HAWAII COUNTY CODE 1983 (Draft 3) (2016 EDITION, AS AMENDED), RELATING TO FIRE (2020-2022) Updates and revises the Hawaii County Fire Code to incorporate the 2018 National Fire Protection Association standards and adopt the 2018 Hawaii State Fire Code. Reference: Comm. 1029.9 Intr. by: Ms. Kierkiewicz (B/R) Approve: PWMTC-26 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 221, Draft 3, on first reading and adopt Public Works and Mass Transit Committee Report No. 26. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. For my new colleagues here on the Council, just some historical overview: This was introduced last term at the request of the Fire Department. There was a need to update the NFPA, that's the National Fire Protection Association regulations, to get our County Code in alignment with what's been adopted at the Federal and State levels because we were quite a bit behind. So this gets us to the standards that were adopted in 2018. The counties then have two years to then adopt what's been adopted at the State level. The Fire Department has used that opportunity to take a look at fee schedules and structures and has updated that. Now, we have a framework which the Fire Department can be using to regularly update these codes on a timely basis. Just for your edification, there were a few things that were, I think, a highlight, noteworthy in terms of changes. There was a request to do a fire plan review fee. That would be 15 percent of the building review fee. There was also an update to fee schedules for the various permits that are issued by the Fire Department. There was a requirement of a certificate of fitness for anybody that is installing, maintaining the various systems that are installed in buildings. At our first Committee meeting, there was a request by the Building Division Chief to meet and to discuss some of the concerns that they had regarding some of the language in the proposed ordinance. We met, addressed their concerns at last Committee, and that is reflected in the draft that you are viewing today. I have members of the Fire Department here to answer any questions that you might have, and we also have our legal advisor, Deputy Corporation Counsel Cody Frenz, in the Hilo chambers if you have legal questions. Thank you, Chair. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Any discussion or questions from my colleagues? Council Member Galimba. Page 12 Hawaii County Council-2 December 21,2022 MS. GALIMBA: Thank you. Just a simplistic question. Why did we need to change the chapter from what it was to a new chapter? Do all the other chapters then get renumbered? How does that work? Thank you. MS. KIERKIEWICZ: Chair, if I may respond to Council Member Galimba. CHR. KIMBALL: Go ahead. MS. KIERKIEWICZ: Thank you. That's an excellent question, Council Member. If you take a look at the way things are numbered now, working in partnership with Leslie Chow, who's incredibly brilliant at LRB, Legislative Review Branch, she suggested a movement into this particular chapter so that we can begin to align all of our different planning chapters and have one kind of cohesive block of those contents. That's the reason for the move. MS. GALIMBA: Thank you. CHR. KIMBALL: Council Member Galimba, do you yield? MS. GALIMBA: I yield. CHR. KIMBALL: Any further comments or questions? Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I know we have members of our Fire Department. I was actually driving right next to you guys the whole way over this morning. My question is more revolving around how the Building Code interacts with the Fire Code. What is the Building Department using as their Fire Code right now? What do they refer to? When they say is this in the guidelines of what when they look at the Fire Code, what are they referring to? (Note: At this time, Captain Royd Henderson and Battalion Chief Palani Kurashige, Fire Department, came forward to address the members of the Council.) MR. KURASHIGE: I think they're using the 2018 IBC, International Building Code, is what they're using. MR. KANEALI`I-KLEINFELDER: That's what they're using right now? MR. KURASHIGE: I believe so. MR. KANEALI`I-KLEINFELDER: When we do building permits, building inspections, it's to 2018 I'm sorry, one more time? Page 13 Hawaii County Council-2 December 21,2022 MR. KURASHIGE: The Code that they're using I believe is the 2018 International Building Code, which is separate from what we use. In terms of when we're doing our plan reviews, we're usually referring to National Fire Protection Association, NFP L But we can refer to other Codes, depending on what the subject is. MR. KANEALI`I-KLEINFELDER: Okay. So the Building Department uses a Code that we don't look at? Or is it same-same, matching-matching or what? MR. HENDERSON: I think I can clarify this, hopefully. In the Building Code, in Chapter 9, what they do is they refer to when an installation is needed. So the Building Code has sections in the Building Code to say, "Fire protection is needed for this particular building." So whether it's a big building, a gym, or it's a little restaurant, they determine, more or less, when things are needed. Our Code is mainly about maintenance, inspections, testing. So when it's determined in the Building Code that something is necessary, then we do the technical aspect of it. So that's why we look over the plans. We look over the sprinkler settings, the fire alarm drawings, those types of things. So the Building Code is more of a guideline as to when something is installed, and our expertise is more, "Okay, when it's required, how do we ensure that it's done properly and looked over properly?" MR. KANEALI`I-KLEINFELDER: Okay. Are the two in alignment with each other, or do we need to fix which one's referring to which one? Is there something that needs to be adjusted? MR. HENDERSON: For the most part, we always refer to the Building Code and it's just been past practice, unless there's certain situations. For instance, the Building Code may not require water for, let's just say, a sprinkler system because the building does not require a sprinkler system. But unfortunately, due to other Codes, which is the Planning Code and the Fire Code, they don't have enough fire-flow water for that project. So the developers would say, "Okay because we don't want to put in a 300-foot line of pipe and do the hydrant and those things, we'll sprinkler our building instead." So there are prescriptive measures they can use to make sure that the building falls in with alignment with what's necessary in the Building Code. MR. KANEALI`I-KLEINFELDER: Okay. MR. HENDERSON: Sorry if that's not clear enough. MR. KANEALI`I-KLEINFELDER: No, it's helpful. I'm just realizingI mean, we've got to make sure all these different Codes refer back to the right places. As I was understanding it, I think IBC—IBC or IRC (International Residential Code)? Page 14 Hawaii County Council-2 December 21,2022 MR. HENDERSON: The IBC is the driver. The IBC is the designer and we make sure that things are installed and designed correctly. That's more of our part in this. MR. KANEALI`I-KLEINFELDER: Does it flow back from Building Department to you folks in the right manner right now? They're referring back to the right Code that we currently adhere to? MR. HENDERSON: The issue is, as Codes, their Codes updated to the 2018; we were still using the 2006 Code. So there's discrepancies in there. What we've had to do is kind of prescriptively say, "Okay. Well, we'll let you use this Code." But what it doesn't do is it doesn't allow us to force those measures because we're not currently technically in that Code. So that's why we're desperately trying to make up ground and say, "Okay, we need to be on the same Code cycle so that when they change their Code, we're in alignment." Right now, we're not in alignment all the time. MR. KANEALI`I-KLEINFELDER: Okay. And then this bill brings us to the right spot— MR. potMR. HENDERSON: Yeah. MR. KANEALI`I-KLEINFELDER: Or do we need to tie it in somewhere within this Code language and the Building Code language so they're all MR. HENDERSON: Right. And so we've had meetings in the past with Building on—Council Member Kierkiewicz set meetings up so that we could work with the members of the Building Department. If there's discrepancies, we know the channels to work with now because in any Code cycle there's going to be a few things here and there that are kind of sticky, in a sense. And so we try to smooth that out so that we can move plans along better for the community. We do our best as much as possible to align with them. MR. KANEALI`I-KLEINFELDER: Okay. Thank you. And then, sorry, they asked for the record if you could identify yourselves for the minutes, for the reports. MR. HENDERSON: Okay. My name is Captain Royd Henderson. I am a Fire Prevention Captain within the Fire Prevention Branch. MR. KURASHIGE: Yeah, my name is Palani Kurashige. I'm the Battalion Chief for the Fire Prevention Branch. I must say this: Captain Henderson, prior to him being promoted to captain, he was the lieutenant, which is the fire plan reviewer for our department. He's been doing that probably at least two to three years as a plan reviewer. So he has a lot more knowledge in that area on how the Building and the Fire Code works in terms of plan review. Page 15 Hawaii County Council-2 December 21,2022 MR. KANEALI`I-KLEINFELDER: I had a feeling he was very knowledgeable on that, and that's why I asked the question because, if I remember right from my memory, he is in charge of doing a lot of our plan reviews. From my past experiences, his knowledge and his reviews were crucial to our systems on roofs. But I know there's some discrepancies on how it all fits together. Just making sure we're all MR. KURASHIGE: That is correct. He and Lieutenant Ed Kawasaki are the plan reviewers. MR. KANEALI`I-KLEINFELDER: Awesome. Thank you very much. Appreciate it. And then very safe driving this morning too. Well done. Thank you, Chair. I yield. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. I have a question for Deputy Corporation Counsel Cody Frenz. At our last Committee meeting, there was a concern about the definition of our AHJ, which is our"authority having jurisdiction," and how that crosswalks between our IRC, IBC, and the Building Division, and the AHJ definition contained within the NFPA. Just to clarify, on the record, I just want to make sure that all of that has been smoothed out. If you could help me with that, Cody. Thank you. (Note: At this time, Deputy Corporation Counsel Dakota Frenz came forward to address the members of the Council.) MS. FRENZ: Sure. Good morning. Deputy Corporation Counsel Cody Frenz on behalf of Fire. We did actually discuss that in our meeting, that Captain Henderson and Chief Kurashige referred to with Council Member Kierkiewicz, and there were concerns as far as how that intersected with the Building Code as well. My understanding is that has all been rectified. Unless Building indicates otherwise, my understanding, Council Member Kierkiewicz can confirm, is that there are no longer any concerns about conflicts in that regard. MS. LEE LOY: Thank you. Chair, I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Any other discussion? MS. EVANS: Just a question about I went back and read the State law again on this issue about County having to adopt the Building Code. Is the trigger,just for me and everybody, is the trigger the Fire Council adopting it and then you have two years? Or if you don't do it within two years, it's automatically you have to accept it? That's the way I read the State law. Page 16 Hawaii County Council-2 December 21,2022 MR. KURASHIGE: Yes, that is correct. According to that, it's the State Fire Council. They look at these Codes. But, yeah, you have the two-year time limit from the time that it gets adopted by the County agencies. So when the State adopts it or even by default, the County has two years from that point to adopt or it'll be adopted by default. MS. EVANS: You can adopt it but can you amend what the State Fire Council approved? Can you do more amendments to it? MR. KURASHIGE: Yes, you can do amendments CHR. KIMBALL: Can I ask you to speak right into the mic? We're having trouble hearing. MR. KURASHIGE: Yes, you can do amendments for our County, which is what this process is, is we have our own amendments for the 2018 State Fire Code with our amendments written in here. MS. EVANS: Got it. Okay. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Any further discussion? Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I just want to thank my colleagues for being so curious and asking these questions and sharing that there is alignment between all the departments within the County. Because, at the end of the day, the end user is our community and we want to make sure that the process is really working for them, and just want to acknowledge that these Codes are in place to ensure that buildings are safe, our community is safe, and that our firefighters can do their jobs efficiently and effectively. So thank you, everyone. I appreciate your support. I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Moving forward with the vote, all of those in favor of passing Bill 221, Draft 3, on first reading please say "aye." Vote on Bill 221: The motion to pass Bill 221, Draft 3, on first reading and Draft 3 adopt Public Works and Mass Transit Committee Report (Approved) No. 26 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Page 17 Hawaii County Council-2 December 21,2022 CHR. KIMBALL: We'll return now to Bill 229,please. Bill 229: AMENDS SECTION 25-8-7 (NORTH AND SOUTH KOHALA ZONE MAP), (2020-2022) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—FIVE ACRES (A-5a) TO RESIDENTIAL AND AGRICULTURAL—TWO ACRES (RA-2a) AT KAWAIHAE, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-2-009:015 (Applicant: Arte McCollough) (Area: 5.848 Acres) The Leeward Planning Commission forwards its favorable recommendation for this amendment to the State Land Use Boundaries Map and a change of zone, which would allow the applicant to subdivide the property into two lots with an existing single-family dwelling on each lot, for estate planning purposes. The property is located at 62-2225 and 62-2239 `Ouli Street, at the southwest corner of its intersection with Kawaihae Road, Kanehoa Subdivision in South Kohala. Reference: Comm. 1054 Intr. by: Ms. Kierkiewicz (B/R) First Reading: November 16, 2022 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 229 on second and final reading. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. This is the companion measure to Bill 228, which facilitated the amendment to the State Land Use Boundary Map. This is to facilitate the rezone from A-5a to RA-2a. I believe Council Member Evans has a question. Jeff Darrow from our Planning Department is in Hilo chambers or joining us via Zoom. Chair, for now I'll yield the floor. Thank you. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council Member Evans, if you would like, you may proceed with your question to the Planning Department. MS. EVANS: Okay, thank you. I am looking at the ordinance on page 5 under (Condition) N. It's talking about allowing for extensions, you know, if they need an extension. What caught my interest was the term, an initial extension of time for the performance within the map be granted upon the following conditions. It's the word "initial"because what I'm asking is what happens if they come in for a second extension, since your language here clearly is about the first time. (Note: At this time, Planning Deputy Director Jeffrey Darrow came forward to address the members of the Council.) Page 18 Hawaii County Council-2 December 21,2022 MR. DARROW: Aloha, Council Member Evans and Chair Kimball and all the other Council Members. This is a standard condition that has been placed in our rezoning applications. The term "initial administrative time extension" means that once the time has passed that is granted for whatever the action is in this particular case, under Condition F it requires the applicant to comply with receiving final subdivision approval within five years from the effective date of the ordinance. Once that five years pass, the applicant, if they have not complied with that, can request one initial administrative time extension for a period not to exceed what was originally granted, which is under that Condition N, No. 4, and then additionally. So we look at these administrative time extensions with certain conditions in mind. Those are stated under Condition N, which is Nos. 1, 2, and 3. So as long as those conditions apply, the Planning Director can allow an administrative time extension for that period originally granted, or up to that period. If they come in for a second time extension, then No. 5 applies under (Condition)N, which says, if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for further action. So basically, they need to come back in for an amendment that goes through the similar process that they came in originally for the request. They would submit to the Planning Department. The Planning Department would submit a recommendation to the Planning Commission, and the Planning Commission would forward a recommendation to the Council for final approval on that time extension request. MS. EVANS: I think it's important to point out because it's been in the newspaper quite a bit lately about these extensions, and people have been commenting. So I think it's important the public know that initially it's going to be administratively; the second time, it will be the Council that makes the decision. It would be through an ordinance at that point in time? MR. DARROW: Correct. MS. EVANS: Okay, thank you. Chair, I have another question. CHR. KIMBALL: Go ahead. You have the floor. MS. EVANS: Okay. This is under the County environmental report and it's on page 19. It says the applicant is receptive to establishing restrictive covenants in the deeds of the proposed lots within the subject property that will give notice that the terms of the zoning ordinance prohibit the construction of the second dwelling unit and condominium property regimes on each lot. I notice that did not end up Page 19 Hawaii County Council-2 December 21,2022 in the conditions that were submitted, and I wanted to just explore that for a minute. It's interesting because I just wanted to make sure the second dwelling unit—right now, there's two. It's a condominium property regime. For the public that don't understand what it is, it was a piece of land. They went in and condominiumized it into two lots. My understanding is, under the original zone, I think they probably were allowed only one residential housing. But when they condominiumized it, they ended up with two residential housing. One of the residential houses right now has an `ohana according to the tax records. Okay. So what does it mean that they can't do another dwelling unit? Because, is `ohana considered a dwelling unit by the Planning Department? MR. DARROW: It is. What happened was, in this particular case, even though the property is CPRd (condominium property regimed), the mere action of the CPR does not create separate lots. It creates units. But basically, as far as the Planning Department, we look at the property still as one lot or one parcel. So they still have to comply with the requirements of whatever is allowed for that zoning. In this case, being that it was agriculture, to do the second dwelling they would have needed, at the time that this applicant applied for, was to apply for an additional farm dwelling. Looking in the file, it appears that that was what was approved for the second dwelling. Being that there were two dwellings on the property, the owner is now currently trying to create a fee simple ownership that's possible through the rezoning to be able to create two lots and be able to have fee simple, and to disband the CPR. So in this particular case, now that you're creating two lots, the owners of each lot could have the ability to do a second unit, which could be an `ohana dwelling. There have been cases in the past where the Planning Director or the Council approved conditions in the ordinance restricting the construction of any second dwelling unit on the property through these rezoning actions. In this particular case, it was not placed in the ordinance. MS. EVANS: Okay, so the next question is, when I look on the tax map, each one is a lot. It's 2.975 acres of 5.8 or whatever, and each one of the condominium regimes is a tax map key, which meant someone had to survey and create that square footage so that there could be a tax map key and taxes paid on each individual lot. So you say they weren't separate lots, but in a way they are. So what you're saying is Planning doesn't think of them as lots but the tax department does? MR. DARROW: Well, what happens is when you go to the real property tax site and look at a CPR unit, you'll see the tax map key parcel, and then you'll see additional numbers after that parcel number. For instance, in this particular case, it would be, let's see here, I apologize, 6-2-009:015 is the parcel number. Then you would have an additional four numbers, which would be 0001 for Unit 1 and 0002 for Unit 2. They're both of Parcel 15. So it is not separate lots; it's just Page 20 Hawaii County Council-2 December 21,2022 separate units of that particular lot. The Planning Department still looks at it as one lot. The CPR created separate units. As far as taxes go, they're able to tax those units separately by those additional unit numbers through the tax mapping. You'll see this quite a bit in apartments or hotels or condos or things like that; you'll see that additional number. In this particular case, what's going to happen now is if this is approved, they'll be able to subdivide the property into two lots, and each lot owner will have their own separate tax map key. MS. EVANS: I think this is really important discussion because we're talking about housing and how do we get housing in Hawaii. The question was in 1998 when they did this condominium property regime, according to looking up tax records, that zoning would not have allowed for two houses. It ended up getting two houses because they did the condominium property regime. So the question was, for all of us, should we go the route of condominium property regimes all over the island because then we can double our housing just like that. But the question on condominium property regimes in this case is that they ended up where the requirements for lot sizes or whatever change when you do condominium property regimes. So basically, they got two houses on one lot by going that route. When I looked it up, it looked like they could sell those units as fee simple, and maybe I'm wrong. Can they sell those condominium property regime units? MR. DARROW: Council Member Evans CHR. KIMBALL: Deputy Darrow, the applicant's representative has his hand up, and I'm thinking that he may be the most appropriate person to respond to Council Member Evans' question at this time. So, Mr. Arai, you can go ahead and respond if you would. (Note: At this time, Daryn Arai, applicant's representative, came forward to address the members of the Council.) MR. ARAI: Good morning, Chair Kimball and members of the County Council. Happy Holidays. My name is Daryn Arai. I reside in Hilo and I'm assisting the applicants, the McColloughs, this morning. If I could try my best to answer the question. Well, first of all, I just wanted to make sure certain representations are clear or clarified. If I remember correctly, this is a proposed change of zone to an RA (Residential Agriculture) zoning district. And if I remember correctly, RA zoning districts only allow one single-family dwelling per building site, which means that if this 5.9-acre property is chopped up into two pieces with each piece accommodating an existing home, I don't believe that an `ohana or any other farm dwelling or any other dwelling,period, is permitted because of the Code restriction to one dwelling per building site. Page 21 Hawaii County Council-2 December 21,2022 As far as the CPR, it was something that was allowed for many years. It was pretty much unchecked. In early 2000, the Planning Director introduced an amendment to the Hawaii County CodeI'm sorry, the Subdivision Code, which now, ever since adoption, it basically says CPRS have to follow the same standards as a subdivision, which means that it has to comply with minimum building area, adequacy of water, adequacy of access—all the things typical of a pure subdivision action. So should this change of zone request be approved, it will not permit any further subdivision of these roughly 2.9-acre sized lots into anything smaller. Hopefully that provides some clarity on some of the questions being raised. MS. EVANS: So what you're saying is they could not do a condominium property regime on 2.9 acres. MR. ARAI: Correct. That's my understanding and you can confirm it with the Deputy Director. MS. EVANS: Please? MR. DARROW: Thank you, Council Member Evans. Aloha, Daryn. Even though—if I could just go back to the issue of`ohanas in the rural zoning. It does say under the Zoning Code that, under the list of permitted uses, it allows for one single-family dwelling. But it also, in the Zoning Code, does allow for `ohanas in the RA zoning. So there will be that ability to be able to do an `ohana. As Daryn mentioned, even though a property is CPRd, that's not what allows an owner or several owners to be able to build the second dwelling or third dwelling or whatever. They still have to comply with current Code, whatever that requirement may be. In this particular case, the property was zoned Agricultural –5 acres. They created two separate units for ownership. But to be able to get that second dwelling, they had to apply for the additional farm dwelling, which meant that they had to show proof of agricultural activity on the property to generate the need for the second dwelling. There was a period of time in the past in the ag district that`ohanas were allowed, but at the time the owner applied, that had passed and they had to comply with the additional farm dwelling agreement. So just to clarify on the fact that even though you did a CPR, it does not allow you to just build dwellings. You still have to comply with current Code. It's just a form of separate ownership. MS. EVANS: Right and that's the bigger question here because I know they have to follow zone. The bigger question is, can they CPR the 2.975 acres? MR. DARROW: At this point, they cannot, as Daryn mentioned, because of the loophole that was occurring back in the past in the agricultural district mainly for Page 22 Hawaii County Council-2 December 21,2022 creating separate units but not meeting the minimum lot size. Our Planning Director changed the rules and the Subdivision Code, that if you wanted to do a CPR in the agricultural district, you have to meet minimum lot size requirements. So in this case, if you're in the Agricultural—5 acres, you would have to have ten acres to be able to CPR. If you apply it to this current zoning, RA-2, you would have to have four acres to CPR. Each lot only consists of two-plus acres, so they would not be able to do a CPR. MS. EVANS: So basically, we're changing that from ag to rural and going down from five acres to four acres. MR. DARROW: Two-plus acres each. MS. EVANS: Got it. Okay. Okay, that's all I have right now. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Thank you. At this time, we're going to take a ten-minute break. We have a little technology problem. So we will recess here for ten minutes, until 10:20. Thank you. Recess: At 10:10 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:19 a.m. CHR. KIMBALL: Welcome back, everyone. I believe, Mr. Kaneali`i-Kleinfelder, you had your light on for a question. Go ahead. You have the floor. MR. KANEALI`I-KLEINFELDER: Thank you very much, Chair. Thank you for being here today, Mr. Darrow. Are you still on with us? Yes, you are. Good. Ms. Evans actually jogged my memory a little bit, and I pulled up this property on Google Earth, and albeit that may be an old, outdated photo. But what you said caught my attention. Given the satellite picture of this property, I would estimate there to be four to five large buildings on this property, a number of which could be residences. I'm just looking for some clarity. Given our discussion on condominium property regimes, Ag-5, `ohana dwellings, and residences, I'm trying to wrap my head around how many residences are on this property currently. Maybe you can provide some clarity for me on that. MR. DARROW: If I could, Council Member Kaneali`i-Kleinfelder, if I could defer that to representative Daryn Arai. My understanding is there are only two permitted dwellings on this property. I am not familiar with the additional accessory structures, which could be garages and farm sheds and maybe a guest house. But he could clarify that. MR. ARAI: Thank you. Council Member, yes, I can confirm there are two existing single-family dwellings on the entire 5.9-acre property. If you're looking Page 23 Hawaii County Council-2 December 21,2022 at the map, the exhibit that shows the proposed subdivision layout, CPR Unit 1 is on the bottom. CPR Unit 2 is on the top of the map. Unit 1 is basically a three- bedroom, 1,600-square-foot dwelling that was built in 1990. There's some other structures on the property, like a steel storage building that was built in '93, a swimming pool, and there are a few shipping containers that they use for storage of their agricultural-related equipment. CPR Unit 2, which is owned by Mr. and Mrs. McCollough who's in the audience with you today, is at the top of the map. That's the unit that adjoins Kawaihae Road. That unit has a one-bedroom, roughly 1,000-square-foot single- family dwelling. There's also an 864-square-foot garage and carport that was constructed in 2000. There is also a one-bedroom, 480-square-foot guesthouse that is located near the existing single-family dwelling, as well as greenhouses and a boat shed. So hopefully that clarifies the type of structures that are located on these units. MR. KANEALI`I-KLEINFELDER: Can you do a share screen, Mr. Arai? Do you know how to do that? MR. ARAI: I'm not as technologically savvy as you are. I have no idea how to accomplish that. Sorry. MR. DARROW: I can do that. MR. KANEALI`I-KLEINFELDER: Mr. Darrow, can you do that from yours? MR. DARROW: Yeah. MR. KANEALI`I-KLEINFELDER: Can you Google Earth the address of this property for me? MR. DARROW: Can you see that? MR. KANEALI`I-KLEINFELDER: Yes, sir. You've got`em right there. Good. You're looking at the same thing I'm looking at. MR. DARROW: Okay. MR. KANEALI`I-KLEINFELDER: Zoom in for me. MR. DARROW: All right, we'll go to the top portion first. MR. KANEALI`I-KLEINFELDER: Okay. This is what I'm looking at. So I see one, two, three; minimum, three major structures. And if you go down to the Page 24 Hawaii County Council-2 December 21,2022 bottom of the property, there's the farm. And I see another structure at least, and then possibly an agricultural building, given the PV on the roof and the skylights. That sound about right? MR. DARROW: Yeah. MR. KANEALI`I-KLEINFELDER: Okay. MR. DARROW: Daryn, do you want to ? MR. ARAI: Yeah. If you want clarification, if the Deputy Director points to each structure, I'll do my best to identify each one. So right now, where the pointer is on, that's an existing one-story home. And then that is the agricultural steel building and that's the swimming pool. If you move up to the top. This is the McCollough property and looks like he manicures it very well but that is the one- story, single-family dwelling. That structure is an existing garage. That is an existing boat shed. That is a shipping container and that is the 480-square-foot guesthouse. If I misidentified something, I'm sure Mr. McCollough will be waving his hand. MR. KANEALI`I-KLEINFELDER: Nope. He gave you a thumbs-up. MR. ARAI: Okay. MR. KANEALI`I-KLEINFELDER: So my question goes kind of back toI'm going to wrap all this up if I can but to Ms. Evans' comments and questions, in our discussion regarding the change in zoning to two-plus-acres lots. They can or they cannot create `ohana dwellings on these properties if given the—or actually, question No. 1, we already have two residences and an `ohana. Correct? MR. DARROW: No. MR. ARAI: That is not correct. MR. KANEALI`I-KLEINFELDER: No? It's a guesthouse? MR. DARROW: Yes. MR. KANEALI`I-KLEINFELDER: Okay, we're going to subdivide but there is no allowance for `ohana units after the subdivision? MR. ARAI: I'll try my best to clarify. So what happened is when the property is ultimately subdivided into two 2.9-acre parcels, each of them accommodating only one single-family dwelling right now, each of them could apply for an ohana dwelling. The Deputy Director did clarify for me. I sort of misinterpreted Page 25 Hawaii County Council-2 December 21,2022 the State Land Use law, but they will be able to apply for an `ohana dwelling, a second dwelling, on each lot should the rezoning ordinance be approved in its current configuration. MR. KANEALI`I-KLEINFELDER: Mr. Darrow, concur? MR. DARROW: Yes. MR. KANEALI`I-KLEINFELDER: Okay. What's the difference between guesthouse and `ohana? MR. ARAI: A guesthouse MR. DARROW: A guestoh, go ahead, Daryn. MR. KANEALI`I-KLEINFELDER: You go, Jeff. Jeff, let's hear from you. MR. DARROW: Daryn was my boss for a long time. MR. KANEALI`I-KLEINFELDER: I know but we've got to see how did the student do. MR. DARROW: A guesthouse is basically almost like a detached bedroom. It's only allowed to be no more than 500 square feet in size and it cannot have a kitchen. That's what separates it from being a dwelling versus a guest bedroom, detached bedroom, type of structure. MR. KANEALI`I-KLEINFELDER: Okay. MR. DARROW: These are actually allowed on lots in the residential zoning, in the agricultural zoning. But if you do have an `ohana or you have a guesthouse, you can only have one or the other. So you cannot have an `ohana if you have a guesthouse, and you cannot have a guesthouse if you have an `ohana. MR. KANEALI`I-KLEINFELDER: So then building from that, if this bill passes, this will become two different lots. One lot is completely built already, given what you said, because you have a guesthouse and you have a dwelling. Right? MR. DARROW: That wouldn't prevent them from possibly applying to change the guesthouse to a dwelling to an `ohana by allowing them to put in a kitchen. MR. KANEALI`I-KLEINFELDER: Okay. But can't have guesthouse and an `ohana and a dwelling. MR. DARROW: Correct. Page 26 Hawaii County Council-2 December 21,2022 MR. KANEALI`I-KLEINFELDER: Okay. And then the other property could have an additional `ohana or a guesthouse. MR. DARROW: Correct. MR. KANEALI`I-KLEINFELDER: Okay. That applies to anything agricultural as well? MR. DARROW: Yes. MR. KANEALI`I-KLEINFELDER: How many guesthouses could an agricultural lot have? MR. DARROW: One. MR. KANEALI`I-KLEINFELDER: One guesthouse. MR. DARROW: Every lot, only one guesthouse. MR. KANEALI`I-KLEINFELDER: One guesthouse max. You can't have seven or nine. MR. DARROW: No. MR. KANEALI`I-KLEINFELDER: Okay. Right now, everything's above water. I think the bill is fairly straightforward. I like the questions that were brought up by Ms. Evans. Thank you. Thank you for your answers today. Thank you, Mr. Arai. Thank you, Mr. Darrow. MR. ARAI: You're welcome. Thank you. MR. KANEALI`I-KLEINFELDER: Thank you to the applicants. I yield. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Anybody else? I'm just waiting to see if anybody else has any questions. MS. EVANS: Thank you, Chair. CHR. KIMBALL: Go ahead, Council Member Evans. MS. EVANS: Just a follow-up question. When we did the Google Earth, the Zoom, it looked like the agricultural with all the trees and stuff would fall on one lot. The other lot will not have any agriculture on it. Is that going to be a problem given that we're going from this ag to rural district? Do they still have to have some ag component? Page 27 Hawaii County Council-2 December 21,2022 MR. DARROW: If I could answer that. The rural district does not have the agricultural requirements that the agricultural district has. MS. EVANS: Well, that's important to know because they could decide not to have those trees anymore, basically, because they don't have to have ag anymore to qualify. Okay. I think that's important to note. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? Okay, moving forward with the vote, all of those in favor of approving Bill 229 on second and final reading,please say "aye." Vote on Bill 229: The motion to pass Bill 229 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Thank you for being here. MR. ARAI: Happy holidays, everyone. MR. DARROW: Thank you. Aloha. CHR. KIMBALL: Thank you, Deputy Darrow and Mr. Arai. MR. ARAI: Thank you. CHR. KIMBALL: I appreciate you and your time. Mr. Clerk, if we could, I'd like to request a couple more items out of order starting with you're excused. Thank you very much. Appreciate it. If we could go to Bill 1,please. Page 28 Hawaii County Council-2 December 21,2022 Bill 1: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2023 Increases revenues in the Federal Grants —High Intensity Impact Grant account ($219,900); and appropriates the same to the High Intensity Impact Grant account, bringing the total appropriation to $610,000. These additional funds would be used by the Hawaii Police Department for overtime, travel, training, services, a vehicle, and related equipment for its High Intensity Drug Trafficking Areas Program. Reference: Comm. 4 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 1 on first reading. Seconded by Ms. Lee Loy. CHR. KIMBALL: I believe we have members of the HPD (Hawai`i Police Department) here to answer any questions but, Mr. Kaneali`i-Kleinfelder, anything to start? MR. KANEALII-KLEINFELDER: Thank you, Chair. A pretty straightforward bill. We do have the Police Department here. Mr. Serrao, if you could come up, if you want to, and give us a little background. If not, we can go for the vote. Okay. I yield, Chair. CHR. KIMBALL: Thank you, Mr. Kaneali`i-Kleinfelder. Any questions? Council Member Galimba. MS. GALIMBA: Could I just ask a more general question, given the topic area? CHR. KIMBALL: Yes. MS. GALIMBA: If you could just identify yourselves and get that out of the way, for the record. (Note: At this time, Lieutenant Royce Serrao and Lieutenant Edwin Buyten, Police Department, came forward to address the members of the Council.) MR. SERRAO: Lieutenant Royce Serrao, Area 1 Vice. MR. BUYTEN: I'm Lieutenant Ed Buyten. I'm Area 2 West Hawaii, Vice Narcotics Lieutenant. Page 29 Hawaii County Council-2 December 21,2022 MS. GALIMBA: Thanks. I've been reading a lot of newspaper stories about fentanyl, especially it being manufactured in Mexico. I just wanted to ask about that. So with your boots on the ground, are you seeing a lot of that coming in from Mexico versus China? Could you give me a little bit of info on that? It would be much appreciated. MR. BUYTEN: We just had this topic out in the courtyard there. Yes. Just last night, we had three fentanyl cases in West Hawaii. We currently have vice officers working on their day off addressing those with search warrants and different investigative techniques. Talking about HIDTA (High Intensity Drug Trafficking Areas), who's kind of a Federal clearinghouse for State, County agencies, give them money, they also keep data. Data on trends, distribution. The truth of the matter is if you look at the data and you talk to Director Yobuta of HIDTA, West Hawaii leads in fentanyl investigations in the entire State—West Hawaii. It's here in your community. It is a problem. It does come from Mexico. If you really want to take a deep dive on it, I'd be more than happy to come back up with my team, and we could talk about it a little bit further in how we address it. But it is believed to be manufactured in China the DEA (United States Drug Enforcement Administration) can almost break it down to the province of China—and is pushed down through Mexico and then over the borders into California, and then it comes back to Hawaii. I hope that answers your question. MS. VILLEGAS: Chair? CHR. KIMBALL: Council Member Galimba still has the floor. MS. VILLEGAS: Sure. MS. GALIMBA: Thank you. I yield. CHR. KIMBALL: Thank you, Council Member Galimba. Council Member Villegas. Point of MS. VILLEGAS: Sure. Just as a point of clarification, Chair. Member Galimba, Clarification: we do have a communication coming forward. Officer Buyten will be joining us later this month to do a presentation to Council about the status of the fentanyl crisis in our community, and what can be done is being done and should be done. We look forward to having him join us here later this month and share what unfortunately is not good news. But knowing is a first step in combatting what we are dealing with. So thank you for your service and your willingness to come Page 30 Hawaii County Council-2 December 21,2022 and present to us. So thank you for that question, Council Member Galimba. I'm grateful to say that we'll have some more information to be shared in the next couple weeks. I yield. CHR. KIMBALL: Thank you, Council Member Villegas. We look forward to that next month, right? Not later this month? Any further questions or comments from my colleagues? Seeing none, we'll go ahead and take the vote on Bill 1. All of those in favor? Vote on Bill 1: The motion to pass Bill 1 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Now, if we could take Bill 232, please. Bill 232: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING (2020-2022) BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2023 Increases revenues in the Block Grant Program Income account($250,000); and appropriates the same to the West Hawaii Emergency Shelter and Facility Energy Efficiency Improvements account, bringing the total appropriation to $400,000. These additional funds will be used to renovate the facility in accordance with the Fiscal Year 2021 Community Development Block Grant Annual Action Plan. Reference: Comm. 1067 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: November 16, 2022 Vote on Bill 232: Mr. Kaneali`i-Kleinfelder moved to pass Bill 232 on (Adopted) second and final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Can we please go to Bill 233? Page 31 Hawaii County Council-2 December 21,2022 Bill 233: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING (2020-2022) BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2023 Appropriates revenues in the Home Program —Tenant Based Rental Assistance Fraud Recovery Income account($5,000); and appropriates the same to the Tenant Based Rental Assistance (TBRA) Fraud Recovery Income account. Allows for the receipt of funds recovered from tenants who have committed fraud. Reference: Comm. 1068 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: November 16, 2022 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 233 on second and final reading. Seconded by Ms. Lee Loy. CHR. KIMBALL: Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: We had good discussion in Committees regarding this measure, and I will be supporting this today. I look for everyone's support. CHR. KIMBALL: Thank you, Mr. Kaneali`i-Kleinfelder. Any further discussion or comments from my colleagues? Seeing none, all of those in favor of adopting Bill 233,please say "aye." Vote on Bill 233: The motion to pass Bill 233 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Last item out of order, Mr. Clerk, if we may. Resolution 17-22. Res. 17-22: CREATES ONE NEW CLERK-DISPATCHER I POSITION FOR THE HAWAII POLICE DEPARTMENT Establishes a Clerk-Dispatcher I SR-12 position for the Animal Control Program. Reference: Comm. 7 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Page 32 Hawaii County Council-2 December 21,2022 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 17-22. Seconded by Ms. Villegas. CHR. KIMBALL: Any discussion? Go ahead. You have the floor, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. This measure was waived from Committee to Council to expedite getting this position for a clerk- dispatcher moving, understanding the need we have in our animal control program for Hawaii County. Given the rollovers, for some of our new Council Members, who I'm sure are aware of what's going on, I agreed to waive it into the Committee. I look forward to everyone's support. I hope we have someone from HPD, though, here to answer some questions. Is Major Wanaoh, I see you right there, okay. Major Wana, if you could,just give us a quick background on this so we understand. The position's straightforward, but what that'll do for the department as far as getting things moving and helping you folks. (Note: At this time, Major Aimee Wana, Police Department, came forward to address the members of the Council.) MS. WANA: Good morning, everybody. For this clerk-dispatcher position, what this will allow us to do is be able to answer calls more timely. Currently, we have a clerk position that is assisting in the call, but it is just one body. This will enable us to provide seven-days-a-week service. At some point, we will need to look at being able to answer calls 24 hours a day. Currently, police dispatch does handle emergency calls as well as after-hours calls for animal control. This particular position will be able to assign animal control staff to respond to these various calls for services as well as document what the calls for services are, and even include providing various resources to our community members. MR. KANEALI`I-KLEINFELDER: Okay, thank you. Thank you, Major. What is the pay scale for an SR-12? MS. WANA: SR-12, according to the County website, starts at 18.95 hourly. The maximum would be 28.08 hourly. MR. KANEALI`I-KLEINFELDER: Okay. Beautiful. MS. WANA: I have the annual and monthly if you need that, sir. MR. KANEALI`I-KLEINFELDER: No, that's good. Thank you, Major. I appreciate it and I'll be supporting this today. Thank you. MS. WANA: Thank you. Page 33 Hawaii County Council-2 December 21,2022 CHR. KIMBALL: Thank you, Mr. Kaneali`i-Kleinfelder. Any further discussion or comments? Thank you, Major Wana, for being here andI'm not sure who that is with you; I can't see from here but thank you for being here today. All of those in favor of approving Resolution 17-22,please say "aye." Vote on Res. 17-22: The motion to adopt Res. 17-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Thank you very much. Thanks again for being here. I was premature in saying that was the last thing we're taking out of order. We are going to take Bill 230,please, as the next item. Bill 230: PROVIDES FOR THE ESTABLISHMENT OF THE COUNTY OF HAWAII (2020-2022) DOWNTOWN HILO BUSINESS IMPROVEMENT DISTRICT NO. 2, AS AUTHORIZED BY CHAPTER 35 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO BUSINESS IMPROVEMENT DISTRICTS Establishes a Business Improvement District to finance certain infrastructure improvements and supplement public safety, sanitation, transportation, and landscaping services in the Downtown Hilo area, to be applied to 183 parcels assessed at$500 per parcel each year. Reference: Comm. 1060 Intr. by: Mr. Chung Approve: FC-228 Postponed: November 16, 2022 (Note: There is a motion by Mr. Chung, seconded by Mr. Inaba, to pass Bill 230 on first reading.) ; and Comm. 1060.5: From Council Member Aaron S. Y. Chung, dated December 5, 2022, transmitting proposed amendments to Bill 230. (Note: Comm. 1060.6, from Council Member Jenn Kagiwada dated December 16, 2022, transmitting proposed amendments to Bill 230, was circulated.) Page 34 Hawaii County Council-2 December 21,2022 CHR. KIMBALL: Thank you, Mr. Clerk. As Mr. Clerk mentioned, there is already a motion on the floor for this item. It was just postponed. At this time, since, Council Member Kagiwada, you have taken over the District 2 representation, would you like to begin discussion on this piece of legislation? MS. KAGIWADA: Thank you, Chair. Motion to Amend: Ms. Kagiwada moved to amend Bill 230 with the contents of Comm. 1060.6. Seconded by Ms. Kierkiewicz. CHR. KIMBALL: Council Member Kagiwada, go ahead with discussion. MS. KAGIWADA: Yes, thank you. As you may remember from the November meeting when former Council Member Chung introduced this bill, he talked about the fact that we needed to refine and update Exhibits B and C, and that is what we've done here in your new information there. If you turn to the map, you'll see that it has been updated. It's also nicely in color so that you can see the three different business improvement district zones that are referred to, as well as updating Exhibit C, which is the list of property owners affected. I believe we have our community member Roy Takemoto in the Hilo chambers, and I think he might be able to give a little update on the whole project as well as Exhibit A, which defines the project. (Note: At this time, former Managing Director Roy Takemoto came forward to address the members of the Council.) MR. TAKEMOTO: Roy Takemoto. I'm a member of the Steering Committee formed to help set up this business improvement district for Downtown Hilo. For the new members, the business improvement district is something that was kind of started years ago. The purpose is to just revitalize the Downtown Hilo by cleaning, offering security, doing improvements. It's a way for the business owners to self-help themselves through the formation of a nonprofit corporation. The proposed amendments do basically four things. One, it expands the boundaries that were originally proposed. Currently, 183 parcels get expanded to about 400, and the area expands from the core of Downtown Hilo to along Kilauea to almost to the flood channel across from Just Cruisin Coffee. The second major amendment is that the assessment formula was changed from a flat rate of 500 to $1.50 per 1,000 net tax assessed value. This is comparable to the existing Kailua Village's formula where they tax at$1.75 per 1,000 for the highest tax zoning within the district. For Downtown Hilo, it's slightly lower at $1.50 per 1,000. The third major change was that the properties that are exempt from the assessment, we took out the nonprofit and we added residential properties. So the Page 35 Hawaii County Council-2 December 21,2022 properties that are exempt from the assessment now would include governmental and residential properties, including homeowners and the affordable rent tax classes. The fourth major change was that Hilo Lagoon and the annex were deleted from the boundaries. So those are the major amendments. I'm open for questions. MS. KAGIWADA: Thank you, Mr. Takemoto. I was wondering. One question I had is we had several testifiers that wrote to us and talked about the concerns about the homeless population and making sure that we are not planning to do any kind of sweeps or removing people when they don't have a place to go to. Is that something that's been discussed, and what is the group feedback on that? MR. TAKEMOTO: Oh, yeah, most definitely. Within the budget, there is proposed to hire an outreach coordinator. Currently, we've been talking with HOPE Services where we're supporting their application for a grant with the new homeless funds provided by the County. We're supporting HOPE Services for them to be able to expand their capacity to hire an outreach coordinator that could be dedicated to Downtown Hilo. In the process of this outreach for Downtown Hilo, we'll be exploring within the possibility of hiring the homeless either on a daily basis or long-term to be on the crews for either the security and/or the cleanup. The outreach would include not just moving them, but helping them find homes or a better place for them to be generally, and that is to connect them with the assessment center that's at the old Hilo Hospital right now. MS. KAGIWADA: Thank you, Mr. Takemoto. Chair, I yield so my colleagues can ask questions. CHR. KIMBALL: Thank you, Council Member Kagiwada. Any other comments or questions from my colleagues here on the dais? Council Member Galimba. MS. GALIMBA: Just a clarifying question. Does the exemption of government buildings also extend to the first district? Or is it only in the second district? MR. TAKEMOTO: The exemptions are for the assessments, so I'm not sure. On the map, there are three zones—Zones 1, 2, and 3-that have been established. But the assessment will be, for the Year 1, would be applied equally to the three zones. Those zones were set up for flexibility in the future. If the board of directors wanted to differentiate the level of services to these three separate zones, they had the ability to do so. But for Year 1, the assessment will apply equally to all three, meaning that the level of services should be equal to all three. MS. GALIMBA: Sorry. Thank you. I was getting the zones and the but it's District No. 2 (inaudible). The district is the second on the island and it has three zones. Clarified. Thank you very much. I yield. Page 36 Hawaii County Council-2 December 21,2022 CHR. KIMBALL: Thank you, Council Member Galimba. Go ahead, Mr. Takemoto. MR. TAKEMOTO: I see your question now. The first Business Improvement District No. 1 is Kailua-Kona. So this is the second business improvement district on the island. CHR. KIMBALL: Thank you very much for that clarification. Any other questions or comments? Mr. Kaneali`iCouncil Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Okay, okay. I was going to say maybe we should hold it the other way too, you know. Cannot just be only the misses-es get the "Council Member"title. Mr. Takemoto, what would you think about putting the County as being, or can we put the County in as stakeholders for the County-owned properties? Is there a legal reason we cannot have the County inputting into this business improvement district fund, or is it just because it's a government building? MR. TAKEMOTO: Okay, so it's not just the County. It's the Federal and State properties as well that would be exempt. The County is contributing, you could say, in kind by being on the Finance Director, the Council Member, and I think Public Works, and there may be a fourth person—who sit, some as voting, some as non-voting, members of the board of directors. We're also seeking grants from the County that we hope to get. One, of course, is indirectly through HOPE Services on the homeless. But we may be seeking other grants where the County, hopefully, can help finance some of the operations of the business improvement district. Did that answer your question? MR. KANEALI`I-KLEINFELDER: Yes and no but, I mean, you're giving me what I expected you to give me. I guess what I am saying is I would love to see the County have some input here financially because this really is something that we need to help with our community just as much as the businesses do, where we should be partners in this. So I really would hope that it's a very much even match going into this. I do commend Ms. Kagiwada for taking this on and helping this move forward because this is incredibly important. I mean, we all live and breathe in Hilo different times of our lives, some more than others. We also know it lacks parking. We have homeless issues. We have a lot of things that we can improve for the community, but actually the County should be a really heavy partner in this, not just board members. That's my general feeling. Mr. Takemoto, do we have to exempt government buildings? Is that a question for our Corp. (Corporation) Counsel? Page 37 Hawaii County Council-2 December 21,2022 MR. TAKEMOTO: I would have to look at your County Code Chapter 35. MR. KANEALI`I-KLEINFELDER: Let me ask, because we have our Corporation Counsel here, let me ask Ms. Strance. Ms. Strance, do we have to exempt government buildings from the business improvement district? (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Good morning, Council Members. Elizabeth Strance, Corporation Counsel. I don't know the direct answer to that question. This legislation and the purpose of it has raised a couple of interesting questions, and actually one that is implied in the earlier question that you asked about the service of Council Members and other employees of the County serving on the board of directors, and the anticipation that the organization that's created will be coming before this body and the County for funding. So there's a couple of things to sort out. I can add that to the list, and I expect that between now and the next hearing on this legislation that we'll sort it out a little bit more, and if there are recommended amendments that they will be made. MR. KANEALI`I-KLEINFELDER: Okay. That's helpful because I want to make sure that we're a partner in this; we're going to build community and do it right. I fully support this measure. I'm not going to vote against it. I like the intent but we should be a partner in this. But, yeah, given that we have board members from the County, that does raise some questions as well, yeah. Okay. MS. STRANCE: In fairness to the drafters of the legislation, Chapter 35 of the County Code directs the membership on the board. MR. KANEALI`I-KLEINFELDER: Okay. MS. STRANCE: So it wasn't something that somebody thought of separately. But the existing County Code requires it, and that's one of the reasons I want to vet it out a little bit more. I'm hopeful that there was discussion on that. Either there was discussion on that at the time that the legislation was adopted, or we know whether or not the interpretation of the ethics provisions have evolved and then the Code didn't keep up with it. I will look at both the direct question that you asked and then the ones that are related to it before the next reading. MR. KANEALI`I-KLEINFELDER: Beautiful. Thank you, Ms. Strance. Appreciate it. Okay, Mr. Takemoto, you're off the hook. We got a good answer on this. Thank you, Mr. Takemoto, for your input on this. I know you helped Mr. Chung. You've been a solid part of this committee since the beginning and, as usual, still going even though you're retired. Thank you. Thank you, Ms. Kagiwada, I'm sorry, Council Member Kagiwada, as well, for becoming a driving force for this measure. It's important. Chair, I yield. Page 38 Hawaii County Council-2 December 21,2022 CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Any further discussion or comments? Council Member Kagiwada. MS. KAGIWADA: Chair, yes, I'm just wondering if we could ask the Clerk to detail the next steps on this before we close this item. I will be asking to postpone this once again, but the Clerk can talk about, I believe, the next steps that we need to fulfill. Thank you. MR. HENRICKS: I'd be happy to do that. If you want to—if it's time to take a vote on the amendment first, that will be appropriate just to clear that up. CHR. KIMBALL: Thank you for the reminder that we have an amendment on the table. So we have the amendment to amend Bill 230 with the contents of Communication 1060.6. All of those in favor,please say "aye." Vote on Motion to The motion to amend Bill 230 with the contents of Amend: Comm. 1060.6 was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball–9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: The motion to amend passes. If you want to go ahead and respond to that question now, Mr. Clerk. MR. HENRICKS: Now that the bill has been amended to provide updated assessment rolls and addresses and whom we're to contact, the Council, in November, set a public hearing date for February 7h of 2023, which is required per Chapter 35. Now we'll be able to the Clerk's office is responsible to reach out to every potential landholder that would be assessed by registered mail to notify them of the public hearing, but also provide the opportunity to protest the formation of this business improvement district, which is really the essential purpose of the public hearing because obviously you're going to be collecting money from people. You need to give them a chance to say no first. So it depends upon that outcome whether or not the Council will be able to move forward after February 7. So I'm hoping the Council will postpone this measure to the first meeting in March so that after the completion of that public hearing, we'll be able to gather the data from the protest and give the Council a clear picture on how many people protested, what the percentages are, and then if that would allow the Council to move forward to continue this process to pass this as an ordinance and then lawfully establish this improvement district. Page 39 Hawaii County Council-2 December 21,2022 The work is in our hands now. Other than that, we would expect to see the Council in Hilo chambers on the 7h of February for that public hearing, for the opportunity—and the public hearing will be noticed in the newspapers also for any interested persons, not just those who would be impacted through assessments. CHR. KIMBALL: Thank you, Mr. Clerk. So, Council Member Kagiwada, would you like to make the motion to postpone? Vote on Motion to Ms. Kagiwada moved to postpone Bill 230, as amended, to Postpone: March 8, 2023. Seconded by Ms. Villegas and carried by (Approved) the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball–9. Noes: None. Absent: None. Excused: None. MR. HENRICKS: From the top? CHR. KIMBALL: From the top, Mr. Clerk. MR. HENRICKS: Alrighty. Return to Order The Chair directed the Council to return to the order of business. of Business: ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. (Note: Items in this category were taken up previously, out of order.) Res. 605-22: AUTHORIZES THE ACCEPTANCE OF A DONATION OF NALOXONE (2020-2022) KITS TO THE HAWAII FIRE DEPARTMENT This donation of 200 Naloxone kits from Hawaii Health & Harm Reduction Center with an estimated value of$15,000 would be used by the Hawaii Fire Department for emergency treatment of opioid overdose. Reference: Comm. 1094 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-234 Page 40 Hawaii County Council-2 December 21,2022 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 605-22 and Finance Committee Report No. 234. Seconded by Ms. Villegas. CHR. KIMBALL: Go ahead, Mr. Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: We had a good discussion in Committee for those of us—for our new Council Members. This is a very straightforward resolution coming from the previous Council term to this one. I look forward to everyone's support. Mahalo, Chair. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Any further discussion? Seeing none, all those in favor of approving Resolution 605-22, please say "aye." Vote on Res. 605-22: The motion to adopt Res. 605-22 and Finance Committee (Adopted) Report No. 234 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball–9. Noes: None. Absent: None. Excused: None. Res. 607-22: ACCEPTS THE DEDICATION OF THOSE CERTAIN ROADWAY PARCELS (2020-2022) IDENTIFIED AS TAX MAP KEYS: 2-4-039:060 AND 2-4-039:027 (KIKAHA STREET, HO`OLALA STREET, PUAKEA PLACE, AND A ROAD LOT RESERVE), AND DRAINAGE EASEMENTS IDENTIFIED AS TAX MAP KEYS: 2-4-039:025 (POR.) (EASEMENT D-1), 2-4-039-028 (POR.) (EASEMENT 1), 2-4-039:034 (POR.) (EASEMENT 2), 2-4-039:035 (POR.) (EASEMENT 3), 2-4-039:038 (POR.) (EASEMENT 6) AND 2-4-039:057 (POR.) (EASEMENT 17), SITUATED AT WAIAKEA, DISTRICT OF SOUTH HILO, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, FROM HILO ONE INCORPORATED, A HAWAII CORPORATION The landholder seeks to dedicate the roadways and all improvements for public roadway purposes, and grant easements for drainage and maintenance purposes. Reference: Comm. 1097 Intr. by: Ms. Lee Loy (B/R) Approve: PWMTC-25 Motion to Approve: Ms. Lee Loy moved to adopt Res. 607-22 and Public Works and Mass Transit Committee Report No. 25. Seconded by Ms. Galimba. Page 41 Hawaii County Council-2 December 21,2022 CHR. KIMBALL: Council Member Lee Loy. MS. LEE LOY: I ask for my colleagues' support. This is just kind of a function for when we have subdivisions and the dedication of the various roadway lots so that the various applicants can satisfy their conditions of approval. Chair, I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Any further discussion or comments from my colleagues? Council Member Inaba. MR. INABA: Chair, I just want to make a note that the professional land surveyor for this project is a relative of mine, so I will actually recuse myself from this one. Thank you. CHR. KIMBALL: Thank you, Council Member Inaba. I don't know that that's necessary. I think that the surveyor is providing a function, and you're not voting on paying them or anything like that. So I will leave the decision to you, but I don't think you need to recuse yourself from this,personally. All of those in favor then of approving Resolution 607-22, please say "aye." Vote on Res. 607-22: The motion to adopt Res. 607-22 and Public Works and (Adopted) Mass Transit Committee Report No. 25 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: None. Excused: Council Member Inaba— 1. Res. 14-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KEKELAOKALANI FOR A REIMBURSEMENT OF EXPENSES ASSOCIATED WITH THE CHRISTMAS CARNIVAL Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 2 Intr. by: Ms. Kimball Motion to Approve: Ms. Lee Loy moved to adopt Res. 14-22. Seconded by Mr. Kaneali`i-Kleinfelder. Page 42 Hawaii County Council-2 December 21,2022 CHR. KIMBALL: With the leeway of my colleagues here, we had some testimony earlier from folks that put on this wonderful event in Hamakua. It was just great to see so many people there gathered together in unity and collaboration. We appreciate the others' support. I did want to make note that this event took place prior to the reading of this resolution, obviously, today. I did actually get approval from Finance. For this particular situation, the contingency relief request actually had gone out prior to the event and moved just because of inauguration and everything else going on; it wasn't possible to get it on the agenda in time. I ask for everyone's support today on this item. Any further discussion? All right, all those in favor of adopting Resolution 14-22, please say "aye." Vote on Res. 14-22: The motion to adopt Res. 14-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Res. 15-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII ISLAND HIV/AIDS FOUNDATION TO ASSIST WITH EXPENSES RELATED TO ITS PUNA COMMUNITY OUTREACH PROGRAMS Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 3 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 15-22. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I really appreciate Tui Silva from Kumukahi Health and Wellness for coming out and lending support for this measure, and sharing a little bit more about what the organization does. I also wanted to thank my colleague Council Member Kaneali`i-Kleinfelder and his team for putting Tui in touch with our office. We're going to be hosting Kumukahi wellness in Pahoa for an outreach event on January 25h from 10 to 4, Page 43 Hawaii County Council-2 December 21,2022 but then they'll be there in Pahoa regularly every other Monday, 2 to 4 p.m. So the Pahoa office is really shaping up to be a hub of services and support for the Pahoa community. Thank you, Chair. I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Thank you, Ms. Kierkiewicz. They contacted us and then we had the District 4, 5 office in Pahoa, and I suggested that as a good use and wasn't sure what happened. So I'm super glad to see this coming together because this is perfect for the community, and it's a really awesome nonprofit. Good job. Thank you. I'll be supporting this today. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Anybody else? Okay, all of those in favor of adopting Resolution 15-22, please say "aye." Vote on Res. 15-22: The motion to adopt Res. 15-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Res. 16-22: CREATES TEN NEW FIRE EMERGENCY MEDICAL SERVICES RECRUIT (TEMPORARY) POSITIONS FOR THE HAWAII FIRE DEPARTMENT Allows for the hiring of paramedics to directly fill vacancies in a newly-created job class. Reference: Comm. 6 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 16-22. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Just for our members, when we do positions, they come in as a resolution like we've seen already. I'm just going to say that because I know when I first started, it was kind of a learning curve. So it's helpful. But, for us, we were doing this for four years, so it's kind of already there. But for the new members, resolutions are required to bring in Page 44 Hawaii County Council-2 December 21,2022 new positions. These are temporary positions, so they're already in our budget. They use existing funding to bring in new recruits and then roll them over into new personnel. I'm sure we have someone from our Fire Department there who can probably explain it better than I did. Go ahead when you're ready. CHR. KIMBALL: Do we have anyone from Fire? I see we have Deputy Corp. Counsel Frenz, if you have anything to add to this. Thank you. (Note: At this time, Deputy Corporation Counsel Dakota Frenz came forward to address the members of the Council.) MS. FRENZ: Yes, thank you. Good morning again. Deputy Corporation Counsel Cody Frenz on behalf of Fire. Unfortunately, both of my anticipated representatives from Fire are out sick, and so they cannot be here. I believe, as Council Member Kaneali`i-Kleinfelder has already indicated, this is to assist the Fire Department in trying to get what is currently short-staffed paramedic positions filled sooner rather than later, if at all possible. So I'm hoping that this one can be supported by all Council Members today. Thank you. MR. KANEALI`I-KLEINFELDER: Thank you, Ms. Frenz, for being here. I'm sorry that our other representatives could not. But you are a force of nature. Thank you for being here. MS. FRENZ: You're welcome. MR. KANEALI`I-KLEINFELDER: I yield, Chair. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Council Member Inaba. MR. INABA: Good morning, Ms. Frenz. Looking at this, it's a new class of employees. Is it accurate to say that for these ten new positions, they'll be on the line strictly as paramedics, unlike others in the department currently who run as firefighters and paramedics? MS. FRENZ: That's my understanding. MR. INABA: Okay. Then do you know if this is going to be temporary, or are we looking to transition these recruit positions into full-time positions later and then we'll have that continuation of the pay scale strictly as paramedics? MS. FRENZ: Unfortunately, I don't have that specific answer right now. I could get someone to come downstairs and assist in case they know whether or not we intend for this to be a permanent sort of situation like you're asking about. Would you like me to haveI believe I could get Chief Okinaka to assist. Page 45 Hawaii County Council-2 December 21,2022 MR. INABA: I'm going to be supporting this anyway. I know it's a need for the department and our community. I just wanted to point that out. I know Council Member Kierkiewicz and myself were a little familiar with this, but just a little change up. I think it's kind of a recruitment strategy that we haven't tried yet that hopefully might have us sufficiently staffed on our medics. Thank you. Chair, I yield. MS. FRENZ: Actually, Council Member Inaba, if possible I have Chief Okinaka, who was graciously watching and has joined me. (Note: At this time, Assistant Fire Chief Darwin Okinaka came forward to address the members of the Council.) MR. INABA: Good morning, Chief Okinaka. I think you heard the question just regarding whether these positions will be converted to just full-time paramedic positions later. MR. OKINAKA: Hi. Good morning, everyone. Darwin Okinaka, Assistant Chief of the Hawaii Fire Department, Operations Division. What these positions are going to do is allow us to hire paramedics directly into our department. Right now, we hire for firefighter recruits. Once they become firefighters, after they finish their training, they have the opportunity to go and get trained to become a paramedic. Because we have some rules or stipulations that we are not able to selective-hire paramedics, this opportunity—Battalion Chief Chris Honda, from our EMS (Emergency Medical Services) Bureau, along with Chief Todd and a lot of our staff have worked tirelessly with the Department of Human Resources to create an opportunity to hire already-trained paramedics who have gone through the entire year of paramedic school, became paramedics, and now gives us an opportunity to essentially selective-hire paramedics into our department. Right now, our current firefighter recruit temporary positions, when we hire our recruits in, didn't afford that opportunity, even with this new program that we started. I believe Chief Todd requested to create temporary positions for these paramedic recruits or EMS recruits that can come in, and we can hire them directly off of the hiring process. I hope that answers your question. MR. INABA: Thank you, Chief Okinaka. MR. OKINAKA: I don't believe these will be converted into permanent positions. This is just the recruit process, and we just wanted the opportunity to hire our EMS paramedic recruits. I hope that helps. MR. INABA: Okay. Two questions, then, for these positions: Ten of them, is that adequate to cover what our shortages are typically over the last few years? Page 46 Hawaii County Council-2 December 21,2022 MR. OKINAKA: Right now, we have a couple of different shortages. We have personnel who have gone through paramedic school but don't meet the MQs (minimum qualifications), minimum requirements, to be promoted into a permanent fire medical specialist position. So our net vacancy that we have is somewhere around five, I think, off the top of my head. So if we're able to hire into these positions, then, yes, it would definitely assist us with filling the current vacancies. However, they're going to have to go through the process and the years of service to meet the requirement. We also, aside from the hiring process, will continue to send our personnel to paramedic school that have come in through the regular firefighter recruit process. We've made some really good strides over the past couple of years in filling the vacancies that we have had, but this will help. Definitely, it will help. MR. INABA: Thank you. Last question. These temporary positions, they're going to be running on the normal 24-hour shifts like the rest of the department? MR. OKINAKA: These temporary positions will be while they're in the recruit process. So once they complete the recruit process, and if they complete it before the one-year timeline where our temporary positions are held for, then they will be converted from 40-hour to 24-hour. But they will initially start off as 40-hour personnel. MR. INABA: Okay. Thank you for coming downstairs, Chief Okinaka, and thank you to leadership for getting these positions filled for us and our community. Mahalo, Chair, I yield. MR. OKINAKA: You're welcome. My pleasure. CHR. KIMBALL: Thank you, Council Member Inaba. Any further comments or discussion? All right. All of those in favor of adopting Resolution 16-22, please say "aye." Vote on Res. 16-22: The motion to adopt Res. 16-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Page 47 Hawaii County Council-2 December 21,2022 Res. 19-22: AUTHORIZES THE ACCEPTANCE OF A DONATION OF FOOTWEAR FOR USE BY THE HAWAII FIRE DEPARTMENT This donation from OluKai with an estimated value of$19,840 would provide three pairs of footwear for each Water Safety Officer to utilize while on duty. Reference: Comm. 9 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 19-22. Seconded by Ms. Kagiwada. CHR. KIMBALL: Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: As this is a donation, a resolution is required to accept the donation to the County. As such, that's what we have in front of us. I'll be supporting this today. Fire Department, any comments on the footwear donation? (Note: At this time, Assistant Fire Chief Darwin Okinaka came forward to address the members of the Council.) MR. OKINAKA: Sure. Again, Darwin Okinaka, Assistant Chief of Hawaii Fire Department. This has been a partnership between OluKai and the Hawaii Fire Department for, gosh, well over eight years,possibly ten. Every year, these footwear are specifically designed for our ocean safety personnel across the State. OluKai has been so gracious to provide footwear for our personnel. So, it's a statewide donation across all four counties for our beach lifeguards. They get two pairs of slippers and one training shoe, like I said, specifically created for ocean safety personnel. They don't sell these pieces of footwear specially designed for ocean safety lifeguards. Like I said, every year they donate this for our guards and everyone truly appreciates it. Awesome set of footwear and we can't thank them enough. That's basically what it is. We have 57 ocean safety positions, including the oversight of their positions. So all of that times three is what comes out to 174 pieces of footwear, estimated, I think, if I (inaudible)right. MR. KANEALI`I-KLEINFELDER: Mahalo, Mr. Okinaka. I really do appreciate that because it helps us understand the donation and the very awesome opportunity from OluKai and donation to the County for our Fire Department personnel. So a big mahalo to OluKai and also for the work that was done on the back end to make sure this collaboration exists. Thank you very much, sir. I yield, Chair. Page 48 Hawaii County Council-2 December 21,2022 CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Any other comments? All right, seeing none, all of those in favor of approving Resolution 19-22, please say "aye." Vote on Res. 19-22: The motion to adopt Res. 19-22 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order.) Bill 2: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2023 Increases revenues in the Federal Grants —Substance Abuse Prevention Coordinator account($90,000); and appropriates the same to the Substance Abuse Prevention Coordinator account, bringing the total appropriation to $200,000. These additional funds would be used by the Office of the Prosecuting Attorney for substance abuse prevention systems on Hawaii Island. Reference: Comm. 5 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Vote on Bill 2: Mr. Kaneali`i-Kleinfelder moved to pass Bill 2 on first (Approved) reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Page 49 Hawaii County Council-2 December 21,2022 ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): (Note: Items in this category were taken up previously, out of order.) Bill 231: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING (Draft 2) BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR (2020-2022) ENDING JUNE 30, 2023 Increases revenues in the Transfer from General Fund account($3,000); and appropriates the same to The Food Basket, Inc. account. Funds would be used to provide a grant to the Hawaii Island Food Basket to purchase food for its Kona warehouse. Reference: Comm. 1066.2 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: November 16, 2022 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 231, Draft 2, on second and final reading. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Given our discussion at first reading and in Committees, there was an amendment made to this to drop it to $3,000 to accommodate Mr. Inaba's good catch on the clerical error. As such, I'll be supporting this today. Thank you. CHR. KIMBALL: Any other further comments or discussion? Seeing none, all those in favor of approving Bill 231,please say "aye." Vote on Bill 231: The motion to pass Bill 231, Draft 2, on second and final Draft 2 reading was carried by the following voice vote: (Adopted) Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Page 50 Hawaii County Council-2 December 21,2022 Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to suspend Council Suspend Council Rule 15 to waive the 5-day hold for reconsideration. Rules: Seconded by Ms. Lee Loy and carried by the following (Approved) voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Bill 234: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING (2020-2022) BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2023 Appropriates revenues in the Federal Grants —Fiscal Year 2021 Assistance to Firefighters Grant account($494,900); and appropriates the same to the Fiscal Year 2021 Assistance to Firefighters Grant account. Funds would be used towards the department's purchase and installation of washer/extractor/dryers for personal protective equipment, and for grant writer fees. Reference: Comm. 1069 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: November 16, 2022 Vote on Bill 234: Mr. Kaneali`i-Kleinfelder moved to pass Bill 234 on (Adopted) second and final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Page 51 Hawaii County Council-2 December 21,2022 Bill 237: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING (2020-2022) BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2023 Decreases revenues in the Federal Transit Administration Fiscal Year 2021-2022 (-$2,422,928) and the Section 5339 Capital Grant Fiscal Year 2021-2022 (-$1,861,345) accounts; and appropriates the same to the Federal Transit Administration Fiscal Year 2022-2023 ($2,422,928) and the Section 5339 Capital Grant Fiscal Year 2022-2023 account($1,861,345). Reference: Comm. 1072 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: November 16, 2022 Vote on Bill 237: Mr. Kaneali`i-Kleinfelder moved to pass Bill 237 on (Adopted) second and final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Bill 243: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING (2020-2022) BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2023 Increases revenues in the Fund Balance from Previous Year account($7,000,000); and appropriates the same to the Roadside Maintenance Service account ($3,000,000) and Transfer to Capital Projects Fund-Highway account ($4,000,000). The additional funds would be used to purchase asphalt concrete pavement materials and for the Pauahi Street Bridge Rehabilitation project. Reference: Comm. 1095 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: November 16, 2022 Page 52 Hawaii County Council-2 December 21,2022 Vote on Bill 243: Mr. Kaneali`i-Kleinfelder moved to pass Bill 243 on (Adopted) second and final reading. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There were none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. CHR. KIMBALL: At this time before I take a motion to adjourn, I just want to personally wish everyone a very happy holidays and all the best wishes for a happy and healthy new year. I'd like to open the floor up to my colleagues if anybody else would like to express some good wishes to the members of the public and the folks on the County that are watching today. Vice Chair Inaba. MR. INABA: Thank you, Chair. Just a word of aloha and appreciation to all of our County workers. As the County Council, we know that you folks carry out all the good work on behalf of the people of this County. So without you folks, it wouldn't be the same. We wish you all a Merry Christmas and Happy New Year. Mahalo. CHR. KIMBALL: Thank you, Council Member Inaba. Council Member Villegas. MS. VILLEGAS: I echo those sentiments and want to wish all my colleagues here on the Council, all of your staff and Clerk's office and all of your staff and the Administration and everyone that helps us keep what people like to call "the County"rolling, but we are the County. It takes each and every one of us and our relationships and the humans that are playing the roles that we have the honor, the privilege, and the responsibility to play. I chuckled to myself, I had this hope of this much smoother, less traumatic or crisis (inaudible) touched potential term. Started out with the volcano, and now we've had one of the largest thunder-and-lightning storms I think I've ever witnessed, along with flooding, here on the island. So I think that this next year Page 53 Hawaii County Council-2 December 21,2022 we are also going to continue to see some turbulence, and so our ability to—well, I notice for myself that instinct for fight, flight, or freeze. But myself am really claiming the opportunity to remain inflow. I think Tutu Pele taught us that and goddess Poli`ahu also teaches us that, as we've seen these unprecedented flow of snow and ice off of Mauna Kea. So as each and every one of us enter this time of celebration but also often sprinkled with sadness, a time of loss for many and sometimes loneliness, that we walk softly, speak gently, and continue to care for one another from that deepest part, that humble part of our empathetic souls. Stay safe out there because it is a bit of a wild world, but we are grateful to be living it and serving our communities and our villages here on the Big Island. It's an honor and a privilege to sit here with all of you, and I look forward to continuing to do so in the new year. Let's all stay safe and healthy and continue to care for all those around us. I yield. CHR. KIMBALL: Thank you, Council Member Villegas. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you for the opportunity, Chair. You have one heck of a December. I'm sure it will be a brand new year and a brand new Council and just a lot of change, but I think so far it's been very positive. I wish a happy and a Merry Christmas to everybody and a Happy New Year because we won't see each other until early January. Just from my observations in the last few days, please drive safely, everybody; that's all I can say. CHR. KIMBALL: Thank you for that very important reminder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I yield. CHR. KIMBALL: Anyone else? All right, with that, I will take a motion to adjourn. ADJOURN- There being no further business, at 11:33 a.m., Ms. Lee Loy moved to adjourn the MENT: meeting. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball–9. Noes: None. Absent: None. Excused: None. Page 54 Hawai`i County Council-2 December 21,2022 CHR. KIMBALL: We are adjourned at 11:33 a.m. Thank you, everyone, and happy holidays. JAN 2 5 2023 Council Approval: COUNTY LERK JH/dg Page 55