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HomeMy WebLinkAboutMIN COUNCIL 2023-02-08 2022-2024 Hawaii County Council 51h Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii February 8, 2023 INVOCATION: Pastor Daniel Tomita of Kinoole Baptist Church gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:00 a.m., in the Council Chambers, Hilo, by Ms. 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 Ms. Ashley L. Kierkiewicz, Member Ms. Susan L. K. Lee Loy, Member Ms. Rebecca Villegas, Member (came in later) 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: EXPRESSIONS OF 1) Ms. Lee Loy and Ms. Kierkiewicz expressed condolences for the passing of CONDOLENCE: Tre' Evans-Dumaran; 2) Ms. Kimball presented a certificate of welcome to Ballet Folklorico from Sister City La Serena, Chile; and 3) Mr. Inaba presented the February 2023 Haweo Award to Patrol Officer Robert McKay, Jr., of the Hawaii Police Department.) Recess: At 9:29 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:40 a.m. Hawaii County Council-5 February 8,2023 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: Janice Palma-Glennie: Bill 12 (Comm. 50), in opposition. (representing Sierra Club Hawaii (See Comm. 50.17) Island Group) Simmy McMichael: Bill 12 (Comm. 50), in opposition. (See Comm. 50.16) Clare Loprinzi: Bill 12 (Comm. 50), in opposition. Dwight Vicente: Bill 239, Draft 2 (Comm. 1085.2); Bill 240 (Comm. 1086); Bill 4 (Comm. 19); Bill 10 (Comm. 37); Bill 11 (Comm. 47); and Bill 12 (Comm. 50); comment. Maki Morinoue: Bill 12 (Comm. 50); in opposition. (See Comm. 50.21) Kualoa Brown: Bill 12 (Comm. 50); in opposition. APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Vote on Approval Ms. Lee Loy moved to approve the Minutes of of Minutes: November 2, 2022. Seconded by Ms. Kierkiewicz and (Approved) 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 2 Hawaii County Council-5 February 8,2023 Vote on Approval Ms. Lee Loy moved to approve the Minutes of January 5, of Minutes: 2023. Seconded by Ms. Galimba and 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're going to take the two reports out of order, get those cleared away, then we'll start at the top of the agenda. Bill 12 will be shortly after that. Thank you. 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: GOEAC-9 NOMINATION OF CHRISTOPHER HO TO THE BOARD OF ETHICS (Comm. 54): Requires Council Confirmation by: February 18, 2023 (Section 13-4(k), Hawaii County Charter) Vote on GOEAC-9: Ms. Lee Loy moved to adopt Governmental Operations and (Adopted) External Affairs Committee Report No. 9. Seconded by Ms. Kierkiewicz 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: The nomination of Christopher Ho to the Board of Ethics is confirmed. GOEAC-10 NOMINATION OF DESMON HAUMEA TO THE HAWAII COUNTY (Comm. 55): CULTURAL RESOURCES COMMISSION Page 3 Hawaii County Council-5 February 8,2023 Vote on GOEAC-10: Ms. Lee Loy moved to adopt Governmental Operations and (Adopted) External Affairs Committee Report No. 10. Seconded by Ms. Kierkiewicz 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: The nomination of Desmon Haumea is confirmed. Top of the agenda, please. 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. Res. 41-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO GRASSROOTS COMMUNITY DEVELOPMENT GROUP TO ASSIST WITH THE OLA`A SKATE PARK, PHASE 2 Transfers $6,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 79 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 41-23. Seconded by Ms. Galimba. CHR. KIMBALL: Any discussion? Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. As you may have noticed, I'm a little stingy with my contingency relief funding, but this one I really do like; and I have been funding them for a number of years now. They have done a tremendous job at creating a skate park on a broken-down tennis court in Kurtistown. I really appreciate this organization and the folks who are part of this project. Looking for everyone's support. CHR. KIMBALL: Thank you, Council Member. Any other discussion? Seeing none, all those in favor please say "aye." Page 4 Hawaii County Council-5 February 8,2023 Vote on Res. 41-23: The motion to adopt Res. 41-23 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: Resolution 41-23 is approved. Res. 42-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO GRASSROOTS CHURCH FOR EXPENSES RELATED TO ITS KULEANA PROJECT Transfers $15,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 80 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 42-23. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Matt Purvis, who owns Tin Shack Bakery and is head of Grassroots Church, reached out to our office. He's spearheading the Kuleana Pahoa Project, which is designed to foster workforce development, food sustainability, and just community-building in the heart of Pahoa. They were able to acquire some property behind Tin Shack and behind the little micro shelters in Pahoa. I've just been so incredibly impressed with all of the hard work that Matt and his team have put into this space. Got to check it out. There were little baby goats that were jumping around, bringing so much joy to my heart. But they've been able to host a number of community workshops that teach folks how to cultivate and how to process. This is quite a sizable grant to the nonprofit, but I think that it's going to be making a major positive impact. So just looking for everybody's support on this, and hopefully, one day we can invite you all out to experience Matt's project in Pahoa. Thank you, Chair, I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Any further discussion? Seeing none, all those in favor please say "aye." Page 5 Hawaii County Council-5 February 8,2023 Vote on Res. 42-23: The motion to adopt Res. 42-23 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: Resolution 42-23 is adopted. Res. 50-23: AUTHORIZES THE ACCEPTANCE OF A DONATION OF THREE LUCAS COMPRESSION SYSTEM DEVICES AND ACCESSORIES TO THE HAWAII FIRE DEPARTMENT This donation from the Hilo Medical Center Foundation with an estimated value of $52,761 would be used for emergency treatment involving chest compressions. Reference: Comm. 89 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 50-23. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member? MR. KANEALII-KLEINFELDER: No discussion. Thank you. CHR. KIMBALL: Any further discussion? Council Member Inaba. MR. INABA: Thank you. Just as we approve this, since this is the only reading, I want to express our mahalo to the Hilo Medical Center Foundation for this donation to our department. CHR. KIMBALL: Thank you, Council Member Inaba. Any further discussion? Seeing none, all those in favor please say "aye." Page 6 Hawaii County Council-5 February 8,2023 Vote on Res. 50-23: The motion to adopt Res. 50-23 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: Resolution 50-23 is adopted. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): Bill 12: AMENDS SECTION 25-8-6 (KAILUA-HONALU URBAN ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—FIVE ACRES (A-5a) TO FAMILY AGRICULTURAL—ONE ACRE (FA-la) AT KEAUHOU, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-7-008:062 (Applicant: Shawn Maile Nakoa, Esc.) (Area: 5.292 acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to subdivide the property into three lots of at least one acre. The property is located approximately a quarter mile northwest of its intersection with Kamehameha III Road, Pahoehoe I"-Kapalaalaea 2nd in North Kona. Reference: Comm. 50 Intr. by: Mr. Inaba(B/R) Approve: LAAC-9 (Note: Comm. 50.3, from Council Member Ashley L. Kierkiewicz dated February 7, 2023, transmitting proposed amendments to Bill 12, was circulated.) Motion to Approve: Mr. Inaba moved to pass Bill 12 on first reading and adopt Legislative Approvals and Acquisitions Committee Report No. 9. Seconded by Ms. Lee Loy. (Note: At this time, Shawn Maile Nakoa, applicant, came forward to address the members of the Council.) CHR. KIMBALL: Council Member Inaba. Page 7 Hawaii County Council-5 February 8,2023 MR. INABA: Thank you. I believe we have Ms. Nakoa joining us via Zoom. Good morning, Ms. Nakoa. MS. NAKOA: Good morning. MR. INABA: We also have Mr. Pipan and the applicant; if you folks would like to come forward. (Note: At this time, John Pipan of Land Planning Hawaii, LLC, and property owner Jeannie Clement came forward to address the members of the Council.) MR. INABA: We did hear this in Committees, and I'm not sure if there are any there are some proposed amendments to the bill that Council Member Kierkiewicz has brought forward. So perhaps you had discussions, and you can take it away. CHR. KIMBALL: Council Member Kierkiewicz,would you like to take it from here? MS. KIERKIEWICZ: Thank you, Chair. Motion to Amend: Ms. Kierkiewicz moved to amend Bill 12 with the contents of Comm. 50.3. Seconded by Ms. Lee Loy. CHR. KIMBALL: On the amendment, Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. At our last Committee meeting, we had robust discussion around this sort of court-mandated rezone and subdivision in order for Ms. Clement and her `ohana to get back to their land. So, wanted to find a way in which we could support you and help to defray the cost, and just recognizing the unique situation that you folks were in. We had a really open discussion, actually, at Committee about potential solutions related to wastewater disposal: connecting to the sewer system or perhaps leveraging a septic system. Mr. Pipan, I'll be asking you shortly to just kind of go through the cost of each, which are very different and borne by different parties at different times in the process. So I just want my Council Member colleagues to be able to understand what that looks like. But reached out to the Planning Department; also conferred with Environmental Management. And because of the uniqueness of this situation, we are proposing to provide the applicant with the option to connect to sewer, one per lot if that is the most feasible. If you are able to access grants and our Deputy from Environmental Management can talk to you about funds that are available to connect to sewer, if that is the most feasible, we would encourage you to go down Page 8 Hawaii County Council-5 February 8,2023 that route. But at this point in time, we just want to make sure that we're giving you every single possible option and tool to explore in order to get you back on your property as fast as possible. So, with that being said, Mr. Pipan, if you could just give us the high-level overview of cost, and then I would like to call up our leadership from Planning Department and Environmental Management to just confirm our discussion and their support for this proposed amendment. Mr. Pipan. MR. PIPAN: Thank you. Good morning, Council Members. John Pipan, Land Planning Hawaii. Really appreciate what you do for your communities, your dedication, your support for the people that you represent. Special thanks especially to Council Member Kierkiewicz, Council Member Villegas to help work with us on really seeing how we might be able to get additional options for wastewater disposal in this project. Also, many thanks to Council Member Evans for bringing it up at our last meeting and really pushing on the matter. So, again, the proposal is for Family Agriculture one-acre lots to allow this Hawaiian family to return to their land. Seems like we're all in agreement that this is the right thing to do, right; and we want it to happen sooner rather than later. So, with the cost of housing and cost of living escalating rapidly, many families are having to leave Hawaii. This is what we're trying to avert today. It's imperative that we do what we can to facilitate and expedite this process, and the court has ordered the County to do just as much. So, as Council Member Kierkiewicz said, the proposed amendment to Condition M would allow for one home on each lot to be built and served by a septic system consistent with Department of Health rules; HAR 11-62 (Hawai`i Administrative Rules Title 11, Chapter 62). These are all one-acre-or-greater lots. If there are additional dwellings built on any of the lots in the project, those homes would have to be served by the sewer system. We do prefer that, if we can, the entire project is served by a sewer system; no septic systems whatsoever. But I think it is important to allow that flexibility at this point. Our initial cost estimates ranged from 50,000-100,000 the last time I talked to you. Those were based on outdated estimates and different starting conditions. So, if you're digging through soil that hasn't yet been developed into a county- dedicable road, it's much cheaper to install a sewer line. So that's where the 50,000-100,000. I came back to engineers that we work with real frequently, engineering partners based here in Hilo. They said based on the 200-plus—around 215 lineal feet of sewer line, we'd have to extend digging up that existing county-dedicable road; it's looking more like 200,000-300,000. Now, if there are funds available to Page 9 Hawaii County Council-5 February 8,2023 assist with that, we're all over it. Let's go. Let's put in the sewer. Great. But if we're asking the landowner to front that, that's a tremendous burden. I think you can recognize that. The alternative of allowing septic systems is, for Ms. Clement, she wants to build one home on the one lot that she would retain in the subdivision. That's a $15,000 expense versus a $200,000-$300,000 expense. Very different. Very apples and oranges. If the other two lots are developed with homes, those owners would be responsible for their own septic systems. Again, best-case scenario is the sewer, but with great efforts and it seems like all the departments. I prepared really trying to make our point in front of like a firing squad today. And I was overjoyed, humbled, elated to learn that kind of in the last 24 hours or so, the case had been made clearly enough to department heads that this is a very special circumstance, and there is enough flexibility in our Codes to permit what we're asking for. So the Council is able to provide some measure of relief in this instance and an already very harrowing experience for Ms. Clement. It's the right thing to do, and we greatly appreciate your support in this amendment. MS. KIERKIEWICZ: Thank you, Mr. Pipan. If I could call forward our Deputy Planning Director and Deputy for Environmental Management. I just want to make sure we're capturing your thoughts for the record. (Note: At this time, Environmental Management Deputy Director Brenda Iokepa-Moses and Planning Deputy Director Jeffrey Darrow came forward to address the members of the Council.) MS. KIERKIEWICZ: Deputy, you look amazing. Don't worry. MS. IOKEPA-MOSES: I'm going out in the field. I'm a field worker. Anyway, I ran down here because MS. KIERKIEWICZ: So sorry. Could you just introduce yourself? MS. IOKEPA-MOSES: I'm sorry. Brenda Iokepa-Moses. I'm the Deputy Director of Environmental Management, proudly serving with Ramzi Mansour. He's meeting with staff today. Our concerns are, and of course we have sympathy and can understand the financial hardship that going to 200 feet, which is very close. Our Code says within 300 feet. And sometimes we, even outside of 300 feet, we say you're still close enough to hook up into a sewer line. So the numbers seem really high for that amount of distance. We do have a stub there. We have a stub at a different location as well. It's a little ways up. We work with EPA (Environmental Protection Agency) a lot as well. I kind of would like to see those numbers myself to see why the huge cost. That's concerning for sure. Page 10 Hawaii County Council-5 February 8,2023 Septics are temporary solutions. So they could put a septic in, and maybe you guys would support that. I think DEM (Department of Environmental Management) would still probably reserve our right to say we don't go along with that because of the close proximity to our line. But if a sewer line runs in front of them sometime—and there's a lot of vacant land around there—as they develop, they're going to be mandated to hook up to a sewer line. That's the most improved method of handling disposal of waste and that's Department of Health. I've been talking to John, I mean, surely trying to have the communication open there. He did forward over something from Department of Health but from a different—not from Sina or from Jonathan Nagato. They referred him back to talk with Sina, a center from Department of Health. That's our No. 1 person that we talk with. We make sure we collaborate with them and we understand we both are working together. I don't know if he's talked to Sina, but that would be the person that he should get support from from the Department of Health. But our stance is that it's too close to say septic is okay on that one. I really need to see the numbers on how 200 linear feet— MS. eetMS. KIERKIEWICZ: Deputy, I'm so sorry. I was conferring with your Director this morning, and he did convey to me and to the Deputy Planning Director support for this situation. Perhaps you didn't have a chance, because you were in the field, to see the condition that we are discussing. And so just want to confirm the department's support for allowing the applicant to explore this option. You also come with a very rich background on how to leverage funding and financing tools for sewering. And so, want you to be able to share that information with the applicant because that is the preferred solution. However, because of this extenuating circumstance, it was my understanding from Director Mansour that there was support for this amendment. So just want to make sure that we are on the same issue. MS. IOKEPA-MOSES: Yeah, I'm trying to get there. MS. KIERKIEWICZ: Thank you. MS. IOKEPA-MOSES: So I'm getting there, and I think the reason I'm going there in a slow curvy route is because we have 55,000 systems that we need to convert very short term. So we need to make sure those circumstances are validated with the number in front of us now, which is a large number. And of course, nobody, one person or one landowner, can bear that number if that's a true number. I would just be curious to see that. If we do approve that, I think just knowing that if a sewer line goes in front of that property, that they'll be touched, that they have to convert at another point, if they understand that. I don't want them to come back to County and say, "Well, you guys approved me. Now I've got to hook up into a different, improved sewer Page 11 Hawaii County Council-5 February 8,2023 line." So, as long as our understanding of that. I think Ramzi has respect for the Council and understands that you guys ultimately looked at this and feel comfortable with it. One-acre lots normally can have a septic because they're just one system, but the proximity of this 200 feet is a little bit concerning. I think given that, we are going to go along with the Council's recommendation. Just had a reserve; those things are concerns to us: the close proximity, the numbers that were brought in front of us. As well as if anything comes up in the future, they may need to hook up to a sewer line, and that'll be an additional cost to them. And USDA (United States Department of Agriculture) Rural Development. I (inaudible) the State director for them. They do have a program under their housing program there: $10,000-$20,000 grants. Sometimes you qualify for grants. Sometimes you qualify for a low-interest loan, which is normally 1 percent, 40 years. Very low. Very reasonable. So there are things out there happening to encourage people to do the right thing and convert out of cesspools into different solutions. I'm not sure if those were entertained. This is a Native Hawaiian family; there might be some other options for them as well, as far as funding. But like John said, ultimately, the sewer line would be the best option. Once they hook up to the sewer line, anybody that hooks up later on, they could share the cost and that expense of their portion that they brought to their property. As long as all of those things are vetted, we're in support of what the Council recommends for this family,just understanding the scenario that we're in right now. MS. KIERKIEWICZ: Thank you. MS. IOKEPA-MOSES: Thank you. MS. KIERKIEWICZ: Deputy Planning Director Mr. Darrow, would you like to weigh in? MR. DARROW: Aloha, Council Members. Thank you. As you had mentioned, this morning we reached out to the Department of Environmental Management and just tried to see if there was an avenue available through a variance process or any other means. In discussion with the Director, there appeared to be understanding of this particular situation, the uniqueness of this situation. I expressed to him that in the years I've been working in Planning, I don't ever recall a similar situation: court-ordered partition that needed to go to a rezoning to have to be able to resolve this situation. I'm sure it's happened in other situations where they might have existing zoning or something to that extent, but as far as having to come through a rezoning process, I don't ever recall that. Page 12 Hawaii County Council-5 February 8,2023 And so, in that discussion, as mentioned, it sounded like he was understanding and flexible as allowing this particular situation. I think all of our concern is whether or not this would set a precedent, right? And I don't believe it would. But, again, that's to be seen. This condition is very strict. These properties are over one acre in size. So, normally, as mentioned by the Deputy Director that they usually allow a septic system on larger lots over one acre. But, additionally, if there is the request to build another dwelling on these properties, they're automatically required to connect to sewer, and at that point, there will be sewer in the area. The other thing that I think maybe the Deputy Director could touch upon was we had a lengthy discussion this morning about the availability of funds that could be possibly provided to allow this connection. I'm not sure how much of that is available or if that is applicable in this case. So it might be good to hear a little bit more regarding that. There were several references to the Kahaluu Historic District through our testimony this morning. I would just like to mention that this particular property is just north of the historic district. It is not located within there. If it was located within the historic district, the applicant or the representative would have been required to do an environmental assessment prior to going forward. So just wanted to mention that. It is close but it is located outside. MS. KIERKIEWICZ: Thank you, Deputy Darrow and Deputy Iokepa-Moses, for being here for your presence again. Just putting this forward so that all options for the applicant are on the table. Again, going to be encouraging Ms. Clement to find any funding and financing available to connect to sewer, but just want to make sure that you're able to explore all options, and this amendment would allow you to do that. Thank you, Chair, I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council Member Inaba. MR. INABA: Thank you. Corporation Counsel, could you please come weigh in on this amendment as it pertains to, what is this, Section 23-85 of our Code? (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Good morning, Council. This is Elizabeth Strance, Corporation Counsel. I just received a copy of this proposed amendment this morning, so I'm working through the language itself and have not had a chance to compare it against the County Code. I can and will. It's just that given the short time since I've had an opportunity to review it, I haven't. Page 13 Hawaii County Council-5 February 8,2023 MR. INABA: Okay. I mean, again, thank you, Council Member Kierkiewicz, for bringing this forward and giving us options in the discussion. Just in reading our Code, it says any sewer lines established after 1966 shall be installed where the subdivision is within 300 lineal feet of the existing sewer system. I don't see that we have wiggle room or room for special cases or circumstances as it relates to this amendment. Unless legally we are exempt from following this section of Code, I'm not sure that it's going to work. MS. STRANCE: You correctly point out normally "shall" means shall. Well, the reason I say that is that sometimes there are exceptions built into the Code. So that's what needs to be evaluated whether there are any exceptions to the Code. Another rule of statutory construction is to read provisions in the context of other provisions. So if there's another provision that says or allows something else, then you'll have to harmonize them. That's the exercise that I haven't been able to go through, given the short time I've had to review the proposed amendment. MR. INABA: Okay, thank you very much. Mr. Pipan, you had something to say? MR. PIPAN: Thank you for your question. We touched upon this briefly at our last meeting. And the way "Section 23-85. Sewage disposal systems" of the Subdivision Code is written, it's a two-part: "A,"which you read, which requires sewer connection if you're within 300 lineal feet of an existing sewer line. Part"B" of that same section says, "In subdivisions where sewer connections cannot be made to an existing sewer system under the requirements of this chapter, the subdivider shall meet the minimum requirements of the State health department relating to sewage disposal." So, a two-part section. So, if you cannot do "A,"which we can demonstrate that financially right now it seems impossible, then we can do `B." We can satisfy the minimum health requirements; Department of Health. Another factor I think we should consider when looking at the appropriateness of any condition on the land use entitlement is the test of rational nexus and proportionality. The rational nexus is pretty clear here. The sewer line would be related to direct impacts from the proposed development. However, the proportionality to require a three-lot subdivision to extend the sewer line to service those three lots, in my eye, is not proportional to the impact of those three lots. If we were proposing something like a higher-density residential development or many more lots, yes, I would see a sewer line extension as appropriate. But proportional to the impact of three homes, I think not. MR. INABA: Corporation Counsel, any thoughts on what the Code means when it says where sewer connections cannot be made? Is that a matter of financial ability, or is that a matter of physical condition of the land or other obstacles that might prevent an applicant from connecting to the sewer line if they're within the 300 lineal feet? Page 14 Hawaii County Council-5 February 8,2023 MS. STRANCE: I would need to research that in the context of this Code provision. MR. INABA: Okay. Yeah. Until we get an answer for that, I don't think I can support this. We are in the SMA (Special Management Area), and while it might be financially burdensome, I'm not sure that that qualifies Subsection B to get out of connecting to the sewer line. So I'm going to yield to hear from others, but I can't support this amendment until we get an answer as to what qualifies connections not being able to be made. CHR. KIMBALL: Thank you, Council Member Inaba. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. With all due respect to the applicant, thank you for being here this morning and for last time. We approved the minutes this morning. I was listening to this conversation, and I can't believe we're here again. In the minutes we approved this morning was this exact same conversation word for word. So, if anyone has questions on where we stand with this, pages 20-28 has this exact same conversation in it. Understanding the circumstances, we have a law in place and it requires that dry sewers must be put in. There are funding opportunities for you to find the funding for that. And there's a difference in the amount of funding that we've heard it's going to cost for this project and the last project, and it's in here. These are your words, Mr. Pipan. So I want to agree with Mr. Inaba, and I'm just—there's a point in this conversation we had last time. Our Council Member previous to this term said, "That's 30 minutes of my life I can't get back,"because we've been here. We've done this. We've discussed this. The Director provided his comments. You provided your comments. We provided ours. So, I don't know why we're back to trying to wrap our heads around why this is law and whether it is or is not. It's the law. I yield. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Council Member Evans. MS. EVANS: Thank you. I would like to have Environmental Management and Planning Department to come up to the mic,please. We, the Council,just approved Ramzi wanted money for a feasibility study to look at cesspool conversions. He was really focusing on the disadvantaged and low-income people, and he made a statement to this body that he could see that low-income people would not be required to attach to a sewage treatment plant. In fact, they would be very amenable to doing individual wastewater systems based on Department of Health's approval. But he made that statement publicly to all of us yesterday, I believe it was. So the question being, Ramzi said that to us, that he'd Page 15 Hawaii County Council-5 February 8,2023 be okay not connecting to the sewer treatment plant if it was a problem for affordability. Were you involved in that discussion on the feasibility study and why he wants the money? What he's going to use it for? MS. IOKEPA-MOSES: Yeah, that's the Department of Health grant that I initiated way back last year. Kelly took it over. We kind of changed the look of it to meet the grant qualifications. So it's not an ask for money. They're giving us money for that. Of course, with this grant, there were things that we needed to meet, and one of those was to look at that kind of community. I did listen to yesterday'sI don't recall Ramzi saying that, financially, that he would let anybody get out of doing an upgrade. So maybe that was a misunderstanding or misinterpretation. It's definitely going to be a hardship on some of these communities, fiscal hardship. So we need to figure out how that's going to look for these communities, and that's why we're trying to be proactive. (Year) 2050 is a few years away, but when you're talking about planning and trying to help these communities, we need to do it now. So that's what the intent is. Fiscally, EPA, and environmentally, we have to make it right. And we have to figure out a way fiscally to make that happen, whether it be a sewage treatment plant or help homeowners, like the Federal and State governments are doing incentive programs right now of$10,000 or $20,000 to a homeowner. They're trying to pass that so we can make people do the right thing earlier by having incentives and it's not a hardship on them. So, like I said, I can't see Ramzi saying that that would be the case, but I'm not sure; I wasn't here physically in the room. Maybe some other MS. EVANS: No, he did. He did. He did say that when you do the feasibility study, it will show people that are disadvantaged and low income. And it may be we will do individual treatment plants and not require to go to the sewage treatment. But the reality is, I mean, if you're—are you totally a hundred percent against individual wastewater systems? MS. IOKEPA-MOSES: Oh, no, not at all. Not at all because this island is big. We have places in Kohala that don't have it. They're way out in the boonies. They're never going to be closer to infrastructure. So why would it make sense for you to hook up to a sewage treatment plant? So IWS (individual wastewater system) is clearly an option, but you need to be careful. Like with this subdivision, me and Ramzi may be a little bit apart on that. But at the end of the day, we're going to go with what the law—Corporation Counsel tells is appropriate, as well as being on board with Department of Health here locally. We want to collaborate with them for sure. But there's going to be scenarios where you're not close to infrastructure, and IWS is the appropriate thing to do, yeah; where you're not close to the ocean and those kinds of coastal impacts, yeah. Page 16 Hawaii County Council-5 February 8,2023 MS. EVANS: Okay, thank you. Department of Planning. When it comes down to the condition that you put on this and the way it was originally written, did that come from the recommendations by the Planning Commission? Or was it floated to the different departments and then that came back as that language? MR. DARROW: So, normally, when we receive an application, we'll send it out to all affected government agencies, including Department of Environmental Management, Department of Health, so on and so forth. The comment letter we received back, which is Exhibit 4 in the Background Report, was a standard condition backed from DEM. Because this application fell within 300 feet of an existing sewer system, the condition said connect to sewer. So the Planning Department takes that and reflects it within the conditions. So that's our current condition. MS. EVANS: Okay. So, in your discussion with this language, this amendment, were you at any time, did you have a discussion with Ramzi on this language? MR. DARROW: Yes. This morning, I felt I wasn't reaching out to talk to him about it. I was reaching out to see if he could be available today to discuss because this issue is very unique. I think all of us feel uncomfortable because we feel like this is likeI mean, it's unique. I don't think we've come here before. And I think it's been brought up again by Council to try to see if there's a way, based on the unique circumstances of this, to help this situation. We may not be able to. We're exploring that right now. There has been discussion that the law is the law, and we cannot deviate from that. There are options available. Normally, in a rezoning, we don't allow those options. Those options are the variance process. When you look at the actual law or Code relating to sewers and connection, they have a Sewer Code within our County Code—Chapter 21 that basically gives direction on when and where you've got to connect and all the requirements. The actual language of 300 feet comes from the Planning Department's Subdivision Code, and that's the reference to 23-85. Also within the Subdivision Code is a variance process. My understanding in speaking with Ramzi this morning is they also have a variance process. So that is what the discussion was. When he heard that these lots were over one acre and the unique circumstances, he had mentioned, well, there is that consideration that could be looked at. But, again, I don't recall a situation like this with a rezoning moving forward with water and wastewater and other requirements from Planning. We normally will say, "You cannot get a variance for those requirements in the rezoning. Those are required by ordinance for you to do, so you can't override it." But if the ordinance has language that provides that option, then we could consider that. And so that's the uniqueness that we're looking at at this point. Page 17 Hawaii County Council-5 February 8,2023 MS. EVANS: Sorry for the—when you said that, Council Member Inaba was looking at the Subdivision Code, and what we're looking at is a change of zoning. So, when you make these decisions, you look at both? MR. DARROW: This application is coming in for a change of zone, which will ultimately be a subdivision. They're proposing to create three lots, so that subdivision will be required. MS. EVANS: Right. So the thing of wastewater and water, you would not—so, at that point in time, you will address water and wastewater? I'm thinking you're going to have to go through the process of subdivision MR. DARROW: Correct. MS. EVANS: And now we're going through the process of change of zone. MR. DARROW: Right. MS. EVANS: So, is this going to be visited again a second time? A septic issue? MR. DARROW: Well, as mentioned, if the ordinance, which is law, allows for an option available for the subdivision, then the Planning Department can allow that at that time. But, normally, it's the language that you see currently under Condition M. MS. EVANS: Right. MR. DARROW: And when it comes to subdivision, it's a requirement in the tentative approval for a subdivision. MS. EVANS: Got it. Okay. I want to go back to Environmental Management. If you look at the language the way it was written,the requirement would be to extend the sewer system, not connect to the sewer system. And then in your discussion, it sounded like the sewer system may be like at 200 feet, but it's not really on the—it hasn't been extended, which means what? You have to tear up the road? Put it down? Get it down in the road? Get it down to a place where they can actually connect to it? So you're asking them to extend the system basically, more than just connect to it. Is that correct, the way I read it? MS. IOKEPA-MOSES: That's how it is for everyone in the State of Hawaii. They have to just extend MS. EVANS: Build the 200 feet. MS. IOKEPA-MOSES: Mm-hmm. They have to extend. Page 18 Hawaii County Council-5 February 8,2023 MS. EVANS: If there's 200 feet, they have to build the 200 feet. MS. IOKEPA-MOSES: Right. Exactly. MS. EVANS: Right. Okay. Well, I think the—have you read this language? Did you see the language? The amendment? MS. IOKEPA-MOSES: I did see the amendment. That's why—Ramzi has talked in general about his ideas. I'm not going to speak to Ramzi's ideas. Corporation Counsel's in-house and I always refer to her. What's in writing with this 300 feet is the same thing I had from Council Member Kaneali`i-Kleinfelder, is that we need to be comfortable that we're not making an extreme exception that will open the door for a lot of other developers per se and/or homeowners that say, "I'm going to have a septic instead of hooking up to the sewer line." So I just want to be comfortable. I'll let Corporation Counsel review that. I'd also like to have Department of Health speak to this and Sina, our local Department of Health, to see her ideas about that as well. MS. EVANS: I hear you. But again, Ramzi yesterday said with this feasibility study, wanting the money for it, they'll be identifying people that cannot do sewage treatment; he would be okay with individual wastewater systems. So I just want to make that on the record reflected in the minutes. Thank you. Thank you, Chair. MS. IOKEPA-MOSES: Yeah, well, we might want to have Ramzi here at the next meeting because I didn't hear that, and I think some of the Council Members didn't hear that as well. So we might want to have Ramzi defend himself on that. I don't see my boss saying that. CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? Council Member Villegas, you haven't spoken yet. MS. IOKEPA-MOSES: Sure, can ICorporation Counsel would like to have a comment. MS. VILLEGAS: Yeah, please. MS. STRANCE: I don't want to put words in the Department of Environmental Management Director's mouth, but there are provisions in Chapter 21 regarding sewers that have variance provisions. So that's Department of Environmental Management. There are other provisions when we're dealing with subdivisions that apply to all subdivisions. So it's possible Ramzi made a comment about individual property owners on a single residential lot, that there are certain variances that can be sought for those individual lots. But this bill is about a subdivision and the rules applicable to subdivisions. Page 19 Hawaii County Council-5 February 8,2023 And so, whether there's any crossover in looking at the variance provisions within the sewer chapter as they apply to subdivisions, that's the legal question that has to get researched and sorted out. So I don't want to have a director be placed in an unfair light if we're talking "apples and oranges," and it's very possible that Ramzi was talking "apples" and this is an "oranges" situation. CHR. KIMBALL: Council Member Villegas, go ahead. I'm just going to remind folks that at 11:15, we have to take up the legislative approvals committee real quickly. We're kind of talking here of what we're going to do as far as moving between that Committee and Council, but we will have to recess at least to address that issue. So let's try to keep on time. Thanks. Council Member Villegas, go ahead. MS. VILLEGAS: Thanks for that reminder, Chair Kimball. And thank you for being here, Jean. You've navigated a long path to returning home. I just have a quick question for you, if you wouldn't mind coming up. In our last meeting when you sat before us, and you and your `ohana presented your story and this journey and how far you've come and the extenuating circumstances of it actually being related to a court order, which is not something we see every day, and the direction of the law pushing for this subdivision in an area where rezoning would otherwise be a red flag for myself and potentially for other members of the Council, but you captured our heart and minds, right. And that's where the intention from Council Member Kierkiewicz and others, Council Member Evans, to research any other potential options. Before those things were mentioned, and correct me if I'm wrong, but it was a relief and a victory already, to have it look as if this rezoning and subdivision would be approved by the Council. Prior to that, did you have intentions to ask for exceptions for sewer? MS. CLEMENT: No. I'm glad you asked that question. My family and I, we came in just hoping you would allow us to mahele. But it was your good nature that recognized the cost. We were only given two options: sell the land or I go through court. Well, I want to live at home. Imagine a Hawaiian person being told, "Here are your two options. You want to go home? Sure. You sell it because you have a tax lien"that I didn't create; that a family member did—"or I pay hundreds of thousands of dollars for an attorney, for a commissioner, for a judge, for everything in the Planning Department so I can just go home. MS. VILLEGAS: Yup. I honor that and I appreciate it. MS. CLEMENT: It doesn't make any sense. MS. VILLEGAS: I know. Page 20 Hawaii County Council-5 February 8,2023 MS. CLEMENT: But we were willing. When we walked in: "Fine. Tell me what I've got to do. I'll find a way." I never asked anybody, not any of you. That wasn't the intention to ask you or you, "Can you help me with this?" I never did that. MS. VILLEGAS: No, you hired him to do that. That's his job. MS. CLEMENT: I hired him to get me through this process. Right? MS. VILLEGAS: Yes. MS. CLEMENT: But because you recognized you and you and you and you that this is such a hardship for the Hawaiian people, we're setting a precedence. You know how many people are behind me that are wondering, "How can I save my land? How am I going to save it?" MS. VILLEGAS: I do and I'm just going to have to interrupt you for a minute. MS. CLEMENT: I'm sorry, I just want to finish that, okay MS. VILLEGAS: Yup. Okay. MS. CLEMENT: That thought. Your precedence in how we do this and whatever rules come out of here, whatever conditions or changes for the Hawaiian ancestor will make a difference for those behind me. Because, trust me, there's people behind me that are going through exactly what I am going through. Maybe they don't have a commissioner like I do, but I had to have it. For why? Why? So I can go home. I just want to go home. I don't want to buy somebody's land. I don't want to develop it so somebody else can live there. I want to go home. MS. VILLEGAS: Thank you, Jean, and we want to get you home. MS. CLEMENT: Thank you. I appreciate you. I do. MS. VILLEGAS: However, unfortunately, the representative that you hired, or fortunately, has a very strong belief about the opportunity to bypass the need to connect to sewer. And it historically has been one of the asks from some of his other clients. MS. CLEMENT: Can I say something about that too? MS. VILLEGAS: Actually, no, if you'll just wait a minute. I just want to get through my Page 21 Hawaii County Council-5 February 8,2023 MS. CLEMENT: Okay, all right, that's fine. But as long as I get to say something after. MS. VILLEGAS: Yeah. And I just want to provide, for me,perspective. I feel that we're already, if approved, providing allowances and exceptions for a zoning change in a subdivision and to get you home, and that is the intention there. Unfortunately, the addition of not requiring connection to sewer goes above and beyond and is questionable regarding the law, and I'm not comfortable with that, nor am I comfortable with setting precedent with that. And as I mentioned before, there's a pattern. I was a little disappointed that I didn't hear back from anyone other than Mr. Pipan in the emails that ensued after the last meeting with advice or perspective. But I did have lengthy conversations with Mr. Mansour on a number of other issues, a lot of them related to sewering Kahaluu and that whole southern part of Alii Drive. I take it into high regard that the Deputy Director of the Department of Environmental Management is questioning the estimated cost for the connection. I also recognize what she's saying: DEM did not say they support this amendment; they said they will support the decision of the Council, which goes without saying. That's just a given. This is within 200 feet. We're in an SMA. There are three lots. With my humble respect, there are as many, I feel, lineal descendants and kupuna from that property that want for sewer and management of our wastewater and those ecosystems to be managed at the highest, best precedent. Department of Health has also come forward and said that septic systems are not the goal. In California, they're already trying to undo those. That's like the next level of a cesspool. So I don't see the wisdom in making an allowance for this. I think there will be funding for you. Unfortunately, I think Council Member Evans might have misinterpreted what Director Mansour had intended for his statements about connections for those that find themselves in financial hardship. So I suppose, from me to you, woman to woman, having had many excuse me, Chair,just one second. CHR. KIMBALL: I'm trying to keep us on this time, so real quick. A summary. MS. VILLEGAS: Woman to woman, I just want to go back to prior to this being brought forward. It was a victory, correct, to get the rezoning and the subdivision approval. And I think that this is an overreach that jeopardizes the Council and does not have the full support of the Department of Environmental Management, and should have gone through another process. But I've seen a pattern here. So thank you. Page 22 Hawaii County Council-5 February 8,2023 CHR. KIMBALL: Thank you, Council Member Villegas. Anyone else before I go to Council Member Kaneali`i-Kleinfelder? Okay, Council Member Kaneali`i- Kleinfelder, back to you. MR. KANEALI`I-KLEINFELDER: I want to apologize. Sorry. We've had these discussions before and it was not you. I apologize for the way that I spoke because I understand there's a lot going on. It's not just sewer connections. So I apologize to you for the way I spoke before. MS. CLEMENT: Yeah, that was kind of rude. MR. KANEALI`I-KLEINFELDER: I'm sorry. There has been a, as Ms. Villegas said, there's kind of a history of going through this process, and it just feels like we're right back at square one. A different applicant, a different person, and I didn't give you that respect. So I apologize. I also need to say that some of the reasoning behind this is next door to your property, to the property that we're looking at right now, it's zoned RS-15, which means that in the future, we may have a more dense zoning type. So decisions that we make today affect generations to come, and the infrastructure we put in the ground now affects generations to come. So we have to kind of balance what is good for us now but also what is good for us in the future. That is really kind of the unfortunate aspect of this that I understand is going to be extremely costly. But, on the back end, we've got to look at our kids' kids' kids' kids. MS. CLEMENT: That's exactly what I'm doing. MR. KANEALI`I-KLEINFELDER: I agree. And that's why we have MS. CLEMENT: It's not about sewer. I'm sorry to interrupt you. It has never been about sewer or cesspool. It's when. For me to do the mahele, to separate the three properties, I have to pay for this first. Why not put the sewer on each of those pieces when they divide—when they disturb the land? Then each parry is responsible for the cost—not me having to pay for all three of them right up front. I don't want septic. I want sewer. But if I have to pay 200, 150, 50, whatever, for each time I have to connect to the sewer, I can't do that. So that's the issue, is when. Can I do it on my property when I build a house? Yeah. I'll include it. But it's not about septic. I don't want to destroy my `aina. That `aina belonged to me for 190 years. So, yeah, I just need help with that. Sorry to interrupt you but everybody's kind of missing the point. MR. KANEALI`I-KLEINFELDER: No, not at all. I think you are going to finally have some good people willing to help you figure that out. MS. CLEMENT: I'd love that. Page 23 Hawaii County Council-5 February 8,2023 MR. KANEALI`I-KLEINFELDER: And for the time being, we have to follow our Code, and the reasoning for that is deep. There's a deep reasoning behind why we're doing what we're doing. MS. CLEMENT: I understand. MR. KANEALI`I-KLEINFELDER: But I just wanted to offer my apologies for the way I spoke earlier, and out of just the frustration of kind of repeating something we've done in the past again and again and again. So, I look for yourI apologize. MS. CLEMENT: Thank you. I appreciate that. MR. KANEALI`I-KLEINFELDER: Thank you. Mr. Pipan, unfortunately for you it's in our minutes. Everything that we spoke about last time. If you have any questions, Code sections, it's all in here. The cost of how far we're going to trench, everything, it's right in here. It's the same conversation we had last time. So I'm just—my frustration level kind of went up because we're right back to square one on trying to figure out what it is we're doing here. Actually, I'm going to yield because of our time frame and Chair gave me that and I'm yeah, thank you. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Council Member Inaba, real quickly. MR. INABA: Yeah, thank you. I didn't discuss this and everyone has their ideas on this amendment. So I'd like to hear from you and take the vote. CHR. KIMBALL: Council Member Lee Loy. Again, let's try to give us a little time, but go ahead,please. MS. LEE LOY: Yeah, I actually have questions for our commissioner, Ms. Nakoa. This all started with a court case. Again, the court provided direction to entertain this process, which our applicant in front of us is doing. I'm back to the same questions because I hear the applicant loud and clear: She wants to get back to her one part, right. One of these lots. Is there any wiggle for you within your role as commissioner overseeing this subdivision application to put on deed restrictions where at least our applicant can get home, do her part, while not having to shoulder the cost of everybody else's lot? MS. NAKOA: Shawn Nakoa, court-appointed commissioner. Thank you. That is not within the purview of the stipulated order from Judge DeWeese. MS. LEE LOY: Thank you. Chair, I yield. Page 24 Hawaii County Council-5 February 8,2023 CHR. KIMBALL: Thank you, Council Member Lee Loy. I actually will make some quick comments. I support the rezone. I have concerns about this amendment in that I don't feel like there's enough information. We have a couple of outstanding questions. I would like to hear from Director Mansour. I would like to hear again from Corporation Counsel. I'd also like to get more detail on the estimate you got. And I have some questions for the Planning Director. So I can't support this amendment right now. I'm not sure. I'm not saying that I wouldn't without more information. But at this point, I feel like I have a few questions that need to be answered by those individuals before I can proceed. Council Member Kierkiewicz, you want to go ahead and proceed with the vote on the amendment or ? MS. KIERKIEWICZ: Chair, if there's more discussion on the amendment, such as consultation with DEM and Planning, I would like the opportunity to continue having this discussion. And so, Mr. Clerk, would the best thing be to postpone this particular amendment or withdraw it? Because, I certainly want to make sure that we still have the opportunity to discuss it at a future time, either today or the next Council meeting. MR. HENRICKS: If the Council anticipates continuing on with Bill 12, then you should withdraw your motion and then the amendment, 50.3, is still viable in the future. Withdraw Motion MS. KIERKIEWICZ: Okay, thank you. Chair, I withdraw my motion to amend. to Amend: CHR. KIMBALL: Thank you, Council Member Kierkiewicz. The motion to amend Bill 12 with the contents of 50.3 is withdrawn. Mr. Clerk, at this time, I would like to recess the Council. Are we recessing to a particular time, Council Member Inaba? Okay. At this time, we're going to recess the Council until 11:45 so that we can go to the Legislative Approvals and Acquisitions Committee, which was recessed yesterday to 11:15. So this Council meeting is in recess until 11:45. MR. DARROW: Are we returning to Bill 12 when ? CHR. KIMBALL: We are returning to Bill 12, yes. MS. NAKOA: I'm sorry. May I ask, can I use the same Zoom link when we reconvene? CHR. KIMBALL: Yes. MS. NAKOA: Thank you. CHR. KIMBALL: Thank you. All right, we are recessed. Thank you. Page 25 Hawaii County Council-5 February 8,2023 Recess: At 11:10 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 11:45 a.m. CHR. KIMBALL: Just to orient everyone where we are: Bill 12 is on the table with a motion to forward to second reading. We had an amendment that was proposed that has now been withdrawn. I will actually recognize Council Member Kierkiewicz at this time to take it from here. MS. KIERKIEWICZ: Thank you very much, Chair. I appreciate my colleagues and Planning Department, Environmental Management for being part of the discussion. I'd really like for the Director of DEM, Ramzi Mansour, to be part of the discussion. It's my understanding that he is at a series of emergency meetings right now. And so, Chair, if you'll indulge me, I'd like to be able to move Bill 12 forward to second reading and entertain conversations about potential amendments and ensure that all relevant department leadership is present to field any questions from the Council. Thank you, Chair. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. All right, any other discussion on Bill 12 before we proceed to the vote? Okay, seeing none, all of those in favor of passing Bill 12, unamended, at first reading. Vote on Bill 12: The motion to pass Bill 12 on first reading and adopt (Approved) Legislative Approvals and Acquisitions Committee Report No. 9 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 12 moves to second reading. Thank you to the applicants, Mr. Pipan, and our Deputy Director of Planning for being here, and your patience during that recess. Mahalo. We'll see you at our next meeting. MS. CLEMENT: Thank you very much. CHR. KIMBALL: All right, thank you. Page 26 Hawaii County Council-5 February 8,2023 Bill 13: 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 Fund Balance from Previous Year account($300,500); and appropriates the same to the Geothermal Fire Equipment account. Funds would be used to purchase essential fire equipment to be utilized in Pahoa and other sectors within the lower Puna area. Reference: Comm. 56 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-10 Motion to Approve: Ms. Lee Loy moved to pass Bill 13 on first reading and adopt Finance Committee Report No. 10. Seconded by Ms. Galimba. CHR. KIMBALL: Any discussion? Council Member Kierkiewicz. MS. KIERKIEWICZ: Chair, thank you. Just asking for everyone's continued support on this. This was an allocation that we made in the last fiscal year to acquire critical equipment for the Pahoa Fire Station. So, looking for everyone's support. Thank you. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else? Discussion? Seeing none, all of those in favor of approving Bill 13 at first reading, please say "aye." Vote on Bill 13: The motion to pass Bill 13 on first reading and adopt (Approved) Finance Committee Report No. 10 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 13 is approved at first reading. Page 27 Hawaii County Council-5 February 8,2023 Bill 14: AMENDS ORDINANCE NO. 22-64, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2022 TO JUNE 30, 2023 Adds the Public Works Kilauea Avenue/Keawe Street Rehabilitation—County Department of Water Supply project($1 million)to the Capital Budget. Funds for this project shall be provided from Capital Contributions —Department of Water Supply account, and would be used to construct water main improvements. Reference: Comm. 57 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-11 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Motion to Approve: Ms. Kagiwada moved to pass Bill 14 on first reading and adopt Finance Committee Report No. 11. Seconded by Mr. Inaba. CHR. KIMBALL: Any discussion? Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. Just looking for all your support for this is necessary roadwork. Thank you. CHR. KIMBALL: Thank you. Any further discussion? All right, before we take the vote, please let the record reflect that Council Member Kaneali`i-Kleinfelder has joined us. All those in favor, please say "aye." Vote on Bill 14: The motion to pass Bill 14 on first reading and adopt (Approved) Finance Committee Report No. 11 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: Bill 14 is approved at first reading. Page 28 Hawaii County Council-5 February 8,2023 Bill 15: AMENDS ORDINANCE NO. 22-64, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2022 TO JUNE 30, 2023 Adds the Mass Transit Bus Stop ADA (Americans with Disabilities Act) Compliance—SP&R (State Planning and Research) Federal project($162,556) and the Kailua-Kona Maintenance Facility —SP&R Federal project($295,200) to the Capital Budget. Funds for these projects shall be provided from Federal Grants Receivable. Reference: Comm. 58 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-12 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 15 on first reading and adopt Finance Committee Report No. 12. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder, any comments? MR. KANEALI`I-KLEINFELDER: No comments. Thank you, Chair. CHR. KIMBALL: Thank you. I believe we have Mass Transit Administrator Andoh on the line, too, if there's anyone with questions for him. Any further discussion? Seeing none, all of those in favor please say "aye." Vote on Bill 15: The motion to pass Bill 15 on first reading and adopt (Approved) Finance Committee Report No. 12 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: Bill 15 is approved at first reading. Thank you, Administrator Andoh, for being available to us. I appreciate it. Page 29 Hawaii County Council-5 February 8,2023 Bill 16: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2023 Decreases revenues in the Fire Volunteer Other Current Expenses account (-$62,500); and appropriates the same to the Fire Volunteer Equipment account ($62,500). Funds would be used to supplement the purchase of a brush truck for a volunteer station. Reference: Comm. 59 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-13 Vote on Bill 16: Mr. Kaneali`i-Kleinfelder moved to pass Bill 16 on first (Approved) reading and adopt Finance Committee Report No. 13. 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. CHR. KIMBALL: Bill 16 is approved at first reading. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): Bill 239: AMENDS CHAPTER 15, ARTICLE 1 AND ARTICLE 2, DIVISION 1 AND (Draft 2) DIVISION 2, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS (2020-2022) AMENDED), RELATING TO THE OPERATION OF PARKS AND RECREATIONAL AREAS Sets hours of operation for all parks, beach parks, cemeteries, and recreation facilities, and amends provisions for prohibited activities in park areas. Reference: Comm. 1085.2 Intr. by: Mr. Inaba(B/R) First Reading: January 25, 2023 Motion to Approve: Mr. Inaba moved to pass Bill 239, Draft 2, on second and final reading. Seconded by Ms. Galimba. CHR. KIMBALL: Any discussion? Council Member Inaba. Page 30 Hawaii County Council-5 February 8,2023 MR. INABA: No further discussion. I ask for everyone's support. Thank you. CHR. KIMBALL: Any additional discussion? Council Member Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: I was looking over this Draft 2, and I was happy to see that if one did want to gather a small amount of rocks or pebbles by hand, that they could. I like that. Thank you. CHR. KIMBALL: Thank you, Council Member. Any further discussion? Okay, all of those in favor please say "aye." Vote on Bill 239: The motion to pass Bill 239, 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. CHR. KIMBALL: Bill 239, Draft 2, is approved at second and final reading. Bill 240: AMENDS CHAPTER 15, ARTICLE 2, DIVISION 1, SECTION 15-26, OF THE (2020-2022) HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO USE OF VEHICLES AND PARKING RESTRICTIONS AT COUNTY PARKS AND RECREATIONAL FACILITIES Clarifies and adds provisions for the parking of vehicles at County parks and recreational facilities. Reference: Comm. 1086 Intr. by: Mr. Inaba(B/R) First Reading: January 25, 2023 Vote on Bill 240: Mr. Inaba moved to pass Bill 240 on second and final (Adopted) 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 31 Hawaii County Council-5 February 8,2023 CHR. KIMBALL: Bill 240 is approved at second and final reading. Bill 241: AMENDS CHAPTER 15, ARTICLE 4, SECTION 15-39, OF THE HAWAII (2020-2022) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO CAMPING AND TRAILER AREAS Clarifies provisions for the parking of recreational vehicles and camper units at County beach parks. Reference: Comm. 1087 Intr. by: Mr. Inaba(B/R) First Reading: January 25, 2023 Vote on Bill 241: Mr. Inaba moved to pass Bill 241 on second and final (Adopted) reading. Seconded by Ms. Galimba 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: Bill 241 is approved at second and final reading. Bill 242: AMENDS CHAPTER 15, ARTICLE 8, SECTION 15-68.1 OF THE HAWAII (Draft 2) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE (2020-2022) PARKS AND RECREATIONAL FACILITY SCHEDULE Adds and removes parks and cemeteries, consolidates certain parks under a single park, adds geographical categories of park locations, and adds tax map key parcel identifiers. Reference: Comm. 1088.2 Intr. by: Mr. Inaba(B/R) First Reading: January 25, 2023 Motion to Approve: Mr. Inaba moved to pass Bill 242, Draft 2, on second and final reading. Seconded by Ms. Lee Loy. CHR. KIMBALL: Any discussion? Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Just following up on Ms. Galimba's request for the Whittington Beach Park and the proper naming of—did the department address your concerns? Page 32 Hawaii County Council-5 February 8,2023 MS. GALIMBA: It's complicated because there's sort of two parks. But I think at another time I will come back and address the renaming of the park that's called "Whittington Park" and make it more like some of the other parks where it's "Whittington at Honu`apo." But it's fine. MR. KANEALI`I-KLEINFELDER: Okay. Good. MS. GALIMBA: Thanks for checking. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Council Member Kierkiewicz. MS. KIERKIEWICZ: Chair,just very quickly. I just wanted to speak globally and mahalo nui Mr. Inaba and all the many hands at Parks and Rec. (Recreation), and even his predecessors, that worked really hard to update these sections of Code. Now the community and Council Members can see the totality of all of the different assets and resources that our County takes care of. That's incredibly helpful as we walk into budget season and figure out how we make sure that we are preserving these critical assets that our community uses day in and day out. So, mahalo nui, Mr. Inaba, and everybody that was involved. I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Any further discussion? I just want to also add my mahalo to Council Member Inaba and the Parks and Rec. department. This was a heavy lift and it's something that's been needed for a long time. So, really appreciate the efforts to put this together. So thank you. Council Member Lee Loy. MS. LEE LOY: Yeah, I really want to take a moment to personally thank Peter Sur because he actually started the matrix. There was a lot of discussion about what to do, but he really put it into action: TMK (tax map key)numbers. It was amazing. So thank you, Peter Sur, for your hard work. Thank you, Chair. CHR. KIMBALL: Thank you, Council Member Lee Loy. All right, any other discussion? Seeing none, all those in favor of approving Bill 242, Draft 2, at second and final reading,please say "aye." Vote on Bill 242: The motion to pass Bill 242, 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 33 Hawaii County Council-5 February 8,2023 CHR. KIMBALL: Bill 242, Draft 2, is approved. Bill 3: AMENDS ORDINANCE NO. 22-64, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2022 TO JUNE 30, 2023 Appropriates excess fuel tax revenues collected from 2020-2022 by establishing the following fuel tax program appropriations to the Capital Budget: Roadway Projects (Engineering) ($252,043.47); Bridge Inspection, Repair and Replacement Program (Engineering) ($177,913.04); and Local Road Improvements (Highways) ($429,956.52), for a total appropriation of$859,913.03. Reference: Comm. 18 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: January 25, 2023 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Vote on Bill 3: Mr. Kaneali`i-Kleinfelder moved to pass Bill 3 on second (Adopted) and final reading. 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. CHR. KIMBALL: Bill 3 is adopted at second and final reading. Bill 4: AMENDS ORDINANCE NO. 22-64, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2022 TO JUNE 30, 2023 Reappropriates lapsed fuel tax funds from prior fiscal years by establishing the following fuel tax program appropriations to the Capital Budget: Roadway Projects (Engineering) ($1,288,729.07); Bridge Inspection, Repair and Replacement Program (Engineering) ($15,892.03); and Local Road Improvements (Highways) ($214,385.57), for a total appropriation of$1,519,006.67. Reference: Comm. 19 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: January 25, 2023 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Page 34 Hawaii County Council-5 February 8,2023 Vote on Bill 4: Mr. Kaneali`i-Kleinfelder moved to pass Bill 4 on second (Adopted) and final reading. Seconded by Ms. Galimba 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: Bill 4 is adopted at second and final reading. Bill 5: AMENDS ORDINANCE NO. 22-64, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2022 TO JUNE 30, 2023 Adds the Public Works Kalaniana`ole Avenue Reconstruction -Private project ($100,000)to the Capital Budget. Funds for this project shall be provided from Private Contributions. Reference: Comm. 20 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: January 25, 2023 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Vote on Bill 5: Mr. Kaneali`i-Kleinfelder moved to pass Bill 5 on second (Adopted) 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: Bill 5 is adopted, gratefully by Council Member Lee Loy, at second and final reading. Page 35 Hawaii County Council-5 February 8,2023 Bill 6: AMENDS ORDINANCE NO. 22-64, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2022 TO JUNE 30, 2023 Appropriates the eighth increment of the fuel tax revenues established by Resolution No. 504-08 and collected from 2022-2024 to the following programs: Roadway Projects - Engineering ($2 million); Bridge Inspection, Repair and Replacement Program - Engineering ($1.4 million); and Local Road Improvements - Highway ($3.4 million), for a total appropriation of$6.8 million. Reference: Comm. 21 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: January 25, 2023 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 6 on second and final reading. Seconded by Ms. Galimba. CHR. KIMBALL: Any discussion? MS. EVANS: Question. CHR. KIMBALL: Council Member Evans, yes. MS. EVANS: So the way he stated the motion, he said, "approval for second reading." He didn't say, "final reading." So, I had a question on that. CHR. KIMBALL: It's a matter of semantics. It's second and final reading. It's the same. They're interchangeable terms. MS. EVANS: Okay. Thank you. CHR. KIMBALL: Yeah. Thank you. All right, any further discussion? Seeing none, all those in favor please say "aye." Vote on Bill 6: The motion to pass Bill 6 on second and final reading was (Adopted) 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 36 Hawaii County Council-5 February 8,2023 CHR. KIMBALL: Bill 6 is approved on second and final reading. Bill 8: AMENDS CHAPTER 15, ARTICLE 7, SECTION 15-62, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE MEMBERSHIP OF THE VETERANS ADVISORY COMMITTEE Removes the Disabled American Veterans' representative and increases at-large membership from seven to eight members. Reference: Comm. 29 Intr. by: Ms. Lee Loy First Reading: January 25, 2023 Vote on Bill 8: Ms. Lee Loy moved to pass Bill 8 on second and final (Adopted) reading. 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. CHR. KIMBALL: Bill 8 is adopted at second and final reading. Bill 9: AMENDS CHAPTER 11, ARTICLE 1, SECTION 11-19, OF THE HAWAII (Draft 2) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO AFFORDABLE HOUSING Requires that all affordable housing agreements be submitted to the Council by the Housing Administrator within 30 calendar days following the date of execution, and quarterly activity reports beginning on March 1, 2023. Reference: Comm. 30.2 Intr. by: Mr. Inaba and Ms. Kimball First Reading: January 25, 2023 Motion to Approve: Mr. Inaba moved to pass Bill 9, Draft 2, on second and final reading. Seconded by Ms. Galimba. CHR. KIMBALL: Any discussion? Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. More process-related. I'm looking at Draft 2 and I'm looking at Draft 1, and given the formatting, it's hard to track changes, if any, in Draft 2 and Draft 1. I'm just wondering about the way that we are providing this in format. Page 37 Hawaii County Council-5 February 8,2023 CHR. KIMBALL: If I can give some guidance and ask Council Member Inaba, who submitted the amendment, which is the difference. It was a clarifying amendment, which would have been communicated in the communication attached. MR. KANEALI`I-KLEINFELDER: Understood. I guess my question is we would have had Draft 1, Bill 9, and then amendments to Bill 9 in Draft 2. If there was a change, should be with the ramseyered format, correct? CHR. KIMBALL: No. When it's provided in Draft 2 in your packet, it's with the amendments that are included that had been amended to Draft 1. So Draft 2 should represent the full text of the bill post amendments, so after the amendments have been added. So you would look at the communications that contained the contents of the amendments to pull out the differences between the two bills. MR. HENRICKS: Madam Chair, pardon me. CHR. KIMBALL: Yes. Go ahead. MR. HENRICKS: Bill 9, itself, was drafted with Ramseyer format, respect to this, the current contents of Section 11-19 of the Code. Communication 30.1 proposed an amendment, which I believe added one or two words: the word "excess,"which may be difficult because there wasn't many changes between Draft 1 and Draft 2. So that was drafted with respect to the contents of the bill itself so you could see only what was being proposed to be changed. And then Draft 2 incorporates those changes as they reflect against the County Code. MR. KANEALI`I-KLEINFELDER: Understood, I guess. I understand but I guess it's hard to track the changes given usually format I guess what I'm saying is Draft 1, Bill 9, originally proposed would be the changes and be completely underlined in our normal formatting because that's the change that's being submitted to the Council. Upon approval of Bill 9, Draft 1, wouldn't those have beenI guess it's hard to see what's changed between Draft 1 and Draft 2. MR. HENRICKS: You are correct. In all of these circumstances, including sometimes we have bills that go to Draft 5, Draft 6, it requires a careful analysis of looking at the communications that set forth the amendments, and then looking at those and analyzing what those changes are in a cumulative way. It is not a simple process to quickly identify the changes between drafts of bills. That is a fact. CHR. KIMBALL: So, Council Member Kaneali`i-Kleinfelder, I'd like to move the discussion beyond the formatting processes maybe to offline unless you had a specific question about the differences between Draft 1 and Draft 2 of this bill. Page 38 Hawaii County Council-5 February 8,2023 MR. KANEALI`I-KLEINFELDER: I'll take it offline. CHR. KIMBALL: Great. Thank you so much. Any further discussion? Council Member Lee Loy. MS. LEE LOY: Thank you. And thank you, Mr. Inaba. Just highlighting some information that came out recently with our Housing audit. And just double- checking, Mr. Inaba, because there was definitely a number of recommendations. I know we'll have that communication separately,but I just don't want to not take into account some really good information in that audit that might help even refine this to a place that's helpful to satisfy some of the deficiencies contained in that audit. Not that I don't want to move it along. Absolutely. I just want to make sure this is a perfect vehicle to again address some of the deficiencies in the audit. CHR. KIMBALL: Council Member Inaba, you may respond. MR. INABA: Just to respond to that. The County Auditor was here, I believe, at Committee reading. And knowing the scope of what he was about to share, didn't have any concerns with the contents of Bill 9 in its current form, yes. MS. LEE LOY: Thank you. CHR. KIMBALL: Thank you, Council Member Lee Loy. Any additional conversation? Seeing none, all those in favor of passing Bill 9, Draft 2, at second and final reading, please say "aye." Vote on Bill 9: The motion to pass Bill 9, 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. CHR. KIMBALL: Bill 9, Draft 2, is adopted at second and final reading. Page 39 Hawaii County Council-5 February 8,2023 Bill 10: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2023 Appropriates revenues in the Federal Grants —National Instant Criminal Background Check System Act Record Improvement Program ($75,000); and appropriates the same to the National Instant Criminal Background Check System Act Record Improvement Program account. Funds would be used to cover overtime expenses incurred by multi-agency law enforcement to follow-up on persons ordered by the court to surrender firearms. Reference: Comm. 37 Intr. by: Ms. Evans (B/R) First Reading: January 25, 2023 Vote on Bill 10: Ms. Evans moved to pass Bill 10 on second and final (Adopted) 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: Bill 10 is adopted at second and final reading. Bill 11: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2023 Appropriates revenues in the State—2022 Ohana Zone Funding account ($2 million); and appropriates the same to the 2022 `Ohana Zone Funding— Program account($1,800,000); and 2022 `Ohana Zone Funding—Administration account($200,000). Funds would be used to support new and existing programs that connect individuals and families experiencing homelessness to appropriate services and resources. Reference: Comm. 47 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: January 25, 2023 Page 40 Hawaii County Council-5 February 8,2023 Vote on Bill 11: Mr. Kaneali`i-Kleinfelder moved to pass Bill 11 on second (Adopted) and final reading. 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. CHR. KIMBALL: Bill 11 is adopted at second and final reading. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (Note: Items in this category were taken up previously, out of order.) 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. (There were none.) ADJOURN- There being no further business, at 12:13 p.m., Mr. Kaneali`i-Kleinfelder moved to MENT: adjourn the 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 41 Hawaii County Council-5 February 8,2023 CHR. KIMBALL: We are adjourned at 12:13 p.m. Thank you, everyone. Council Approval: MAR 0 8 2023 Mi mtw,, COUNTY CLERK JH/dg Page 42