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HomeMy WebLinkAboutMIN COUNCIL 2023-02-22 2022-2024 Hawaii County Council 61h Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii February 22, 2023 INVOCATION: Kahu Kealoha Ka`opua of Calvary Community Church in Kona gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:07 a.m., in the Council Chambers, Kailua-Kona, by Mr. Holeka Goro Inaba, Acting Chair. ROLL CALL: Present: Ms. Heather L. Kimball, Chair(via videoconference from Hilo; came in later) Mr. Holeka Goro Inaba, Vice Chair Ms. Cindy Evans, Member Ms. Michelle M. Galimba, Member Ms. Jenn Kagiwada, Member Ms. Ashley L. Kierkiewicz, Member(via videoconference from Hilo) Ms. Susan L. K. Lee Loy, Member (via videoconference from Hilo) Ms. Rebecca Villegas, Member Absent& Excused: Mr. Matt Kaneali`i-Kleinfelder, Member PLEDGE OF The Acting 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 Acting Chair directed the Council to proceed to the next order of business, MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (Note: At this time, Ms. Villegas presented a Certificate of Merit to the EXPRESSIONS OF Konawaena High School Varsity Football Team for capturing the Hawaii High CONDOLENCE: School Athletics Association Division 1 State Football Championship.) Recess: At 9:18 a.m., the Acting Chair called for a recess. Reconvene: The meeting reconvened at 9:25 a.m. Hawaii County Council-6 February 22,2023 STATEMENTS The Acting 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 Acting Chair: Micah Perrin: GOEAC-15 (Comm. 73), in support. Pane Meatoga III: GOEAC-15 (Comm. 73), in support. (See Comm. 73.3) Lauren Foo: Bill 22, Draft 2 (Comm. 91.38), in opposition. (representing Hawaii Island (See Comm. 91.47) Pets Alive) Lori Johnson: Bill 22, Draft 2 (Comm. 91.38), in opposition. (See Comm. 91.53) Cory Harden: Bill 12 (Comm. 50), comment; and (representing Sierra Club Bill 194, Draft 3 (Comm. 898.25), in support. Hawaii Island Group) Tuesday Frias: GOEAC-15 (Comm. 73), in support. Michael Doolittle: GOEAC-11 (Comm. 69), in support. Dwight Vernes: GOEAC-15 (Comm. 73), in support. Lokelani McMichael: Bill 12 (Comm. 50), in opposition. (See Comm. 50.31) ACTING CHR. INABA: We'll move on to reports and communications, please, Mr. Clerk. Communication 69. Change Order As directed by the Acting Chair and with no objection from the Council of Business: Members, the following items were taken out of order: GOEAC-11 REAPPOINTMENT OF MARCIA BRINKLEY TO THE VETERANS (Comm. 69): ADVISORY COMMITTEE Page 2 Hawaii County Council-6 February 22,2023 Vote on GOEAC-11: Ms. Villegas moved to adopt Governmental Operations and (Adopted) External Affairs Committee Report No. 11. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. ACTING CHR. INABA: The nomination is confirmed. GOEAC-12 REAPPOINTMENT OF DAINA SAIKI TO THE BOARD OF APPEALS (Comm. 70): Requires Council Confirmation by: March 5, 2023 (Section 13-4(k), Hawaii County Charter) Vote on GOEAC-12: Ms. Kagiwada moved to adopt Governmental Operations (Adopted) and External Affairs Committee Report No. 12. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. ACTING CHR. INABA: The reappointment is confirmed. GOEAC-13 REAPPOINTMENT OF KELLY VALENZUELA TO THE BOARD OF (Comm. 71): ETHICS Requires Council Confirmation by: March 5, 2023 (Section 13-4(k), Hawaii County Charter) Motion to Approve: Ms. Villegas moved to adopt Governmental Operations and External Affairs Committee Report No. 13. Seconded by Ms. Kierkiewicz. ACTING CHR. INABA: Any discussion? If not,thank you, Ms. Valenzuela, for being here and any other nominees. All those in favor of approving the reappointment, please say "aye." Page 3 Hawaii County Council-6 February 22,2023 Vote on GOEAC-13: The motion to adopt Governmental Operations and (Adopted) External Affairs Committee Report No. 13 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. ACTING CHR. INABA: The reappointment is confirmed. GOEAC-14 NOMINATION OF MYLES MIYASATO TO THE WINDWARD PLANNING (Comm. 72): COMMISSION Negative Recommendation: Due to a vote of 4-ayes, 5-noes Requires Council Confirmation by: March 5, 2023 (Section 13-4(k), Hawaii County Charter) and Comm. 72.5: From Mayor Mitchell D. Roth, dated February 13, 2023, transmitting Myles Miyasato's request that his nomination to the Windward Planning Commission be withdrawn. (Note: Comm. 72.6, from Mayor Mitchell D. Roth dated February 21, 2023, withdrawing Mr. Miyasato's nomination to the Windward Planning Commission, was circulated.) ACTING CHR. INABA: We will not be taking this matter up. MR. HENRICKS: As it is in the Council's purview to either reject or confirm this nomination, and the Mayor's made his request for his withdrawal,just to confer with your fellow membership if there are any objections to the matter being withdrawn. Withdraw ACTING CHR. INABA: Thank you. Are there any objections to the withdrawal Nomination: of his nomination? There being none, thank you. Communication 72.6 officially requests the nomination by Mayor Roth (be withdrawn). (Note: Due to the negative recommendation in Governmental Operations and External Affairs Committee Report No. 14, the report was adopted.) Page 4 Hawaii County Council-6 February 22,2023 STATEMENTS The Acting Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON GOEAC-15 The following individual registered to speak and came forward when called by (COMM. 73): the Acting Chair: Claire Loprinzi: In support. GOEAC-15 NOMINATION OF CHANTEL PERRIN TO THE WINDWARD PLANNING (Comm. 73): COMMISSION Negative Recommendation: Due to a vote of 3-ayes, 6-noes Requires Council Confirmation by: March 5, 2023 (Section 134(k), Hawaii County Charter) Motion to Approve: Ms. Kagiwada moved to adopt Governmental Operations and External Affairs Committee Report No. 15. Seconded by Ms. Evans. ACTING CHR. INABA: Opening it up to discussion. Ms. Perrin, I see you are there in Hilo chambers; if you'd like to say anything first. Pomaika`i Bartolome from the Mayor's office, if you're there, please go ahead. (Note: At this time, Chantel Perrin, nominee, came forward to address the members of the Council.) MS. PERRIN: Aloha, County Council Members. Thank you for having me back again for Round 2. I just want to say that February 7, when I first made my initial testimony before all of you here at the Hilo chambers, I have to ask for your forgiveness. I was truly nervous. I let my nerves get the best of me. Mind you, I've been out of commission for eight years. I've been at home raising my children so they come on into this community as community-contributors. As you see before me this morning, I have two-thirds of my clan sitting behind me. I have the youngest of my eldest of my three daughters; and I have my four boys, ages eight, six, and my two five-year-olds. I wanted you all to see what it is that I do. Yes, you may see them all sitting nicely dressed, behaving—it takes a lot. It does. A lot of consistency. A lot of planning. A lot of discipline. And a lot of leading by example, which is hard for a lot of people. Everyone likes to talk a lot of talk, but when it comes push to shove, it's hard to walk the walk. And I've walked the walk for nearly two decades as a parent. Page 5 Hawaii County Council-6 February 22,2023 This morning, I humbly come before you and ask for your favorable nomination. And as I've said, I had a lot of time to reflect from two weeks ago to now. I had a lot of time to sit back and reflect. Thank goodness for modern-day technology. We can sit and we can replay and see where the miscommunication, where the disconnection was. I had to sit there and I had to see what was wrong. Why am I not connecting it? I have to ask for you folks to forgive me because, like I said, I've been out of this for eight years. I want to get my feet back in it because there's nothing more that I love than to lead by example and let my children see what it is that any male or female, no matter where you come from, what you do in your life, who your parents are, it doesn't matter. What matters the most—I'm going to quote someone: The essence of leadership is caring. It matters what you care about, where your na`au is, what's your kuleana. I have a lot of kuleana, as you can see, times 12. I wanted to kind of reflect on some things that were brought up from two weeks back. Mr. Inaba, you came forward asking about a possible conflict of interest. For lack of a lengthy explanation, my husband who works for the union as a representative, ensuring our brothers and sisters, aunties and uncles, etcetera, are paid their proper wages is what he does. There is no financial gain for myself, nor my husband, should I obtain a spot on this Windward Planning Commission. He will continue to go to work and do his job, and I will continue to rise every morning and raise my children as members of this community. I have no direct or indirect financial interest to any project. One construction job does not makeup the whole construction industry. There is no financial benefit at all. My family and I will continue to live and work whether any project is passed or not. There is no conflict of interest. Ms. Kimball, I hope you're feeling better. I'm so sorry you have to push through this but I'm sure, as a mom, you know there is no time off. We're on call 24/7, 365. I applaud you for being here. I thank you. I really wanted to personally tell you, face to face, I'm sorry for not being prepared. I hope you can find it in your heart to allow me to be a part of this commission. As you can see, my youngest is five. I'm not going anywhere. I have to make sure our shorelines, our public parks, even the forest is maintained and protected, and we always have access to it as people who live in this community. Even for our visitors, you want to maintain that access. You want to share because that's why they come to Hawaii. Like the saying goes: "Lucky you live Hawai`i." I'm so blessed and so proud. I'm born and raised a Hawaii girl. My roots, if I wanted to go as far back, I could go all the way back to Ka`u. I can go as far back as England if I wanted to trace my genealogy and really see where it is my people came (from). But I'm born and raised Hawaii girl. Page 6 Hawaii County Council-6 February 22,2023 The problems we face on Oahu, they're going to come here whether we want it or not. We live on an island. It's going to happen. Global warming. Infrastructure that we built back in the '80s, '70s. We're going to see them start to crumble. They're going to need to be updated in the best way possible to protect our land, and not have an incident like over at Red Hill. Heaven forbid that happened here. Again, I thank you for being here and allowing me to talk to you face to face and just tell you I am sorry for not being prepared. And for all the County Council Members, I ask for your favorable nomination to allow me to be a part of this planning commission. My kuleana has never been so grateful. I sat here in this room, and I listened to all those that came forward for me. For me to bow down and back up wasn't what I was bred for. I only know one direction that's to come forward. With that, you will not be disappointed in what I can do. My resume speaks for itself. Every opportunity that was given to me, I succeeded. There was no "No." It was "How can we?" Or "Who do we have to talk to?" "Where do I have to go?" "What certification do I need?" "What can we do to make good out of this?" There's no "No." Thank you again for allowing me to come before you folks. I look forward to serving. I hope I can gain your trust to lead my community and plan alongside all of you what is best for us now and the future. Mahalo. ACTING CHR. INABA: Mahalo, Ms. Perrin. Opening it up to any discussion from Council Members, starting in Hilo. Okay, if not— MS. otMS. KIERKIEWICZ: Chair? ACTING CHR. INABA: Council Member Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you. Sue and I were just junk-and-po'ing over here over who's going first. Thank you. Thank you, Ms. Perrin, for being here today, bringing all of your `ohana. My support for you has not wavered. I think after our Committee meeting, I have to tell you that was probably one of the hardest Council meetings I was part of. I left with a profound sense of sadness and a little bit of shame over how some of my colleagues had addressed you. Mother of 12, local girl. This Council asked for women and diversity, and the Administration sent us that. And it hurt my heart to no end to hear folks say no. But I know what you're capable of. You're committed to this community. And I think when we have folks like you, every single perspective, working-mom perspective, you make County government more accessible. I think it's important to have your perspective as part of planning, shaping, designing our community so that we are ensuring fair, sustainable, and equitable outcomes. I'm behind you 100 percent. So proud of your son being here testifying in support of you. Page 7 Hawaii County Council-6 February 22,2023 You're showing him the way. You're showing him that every one of us has the skills to step up and serve community. So I've got you 100 percent, and I look forward to working with you as a member of the Windward Planning Commission. I encourage my colleagues to give Chantel a chance. We cannot make standards for serving in these volunteer commissions and boards so incredibly high we're going to not entice anybody to want to be able to serve. Again, you're going to have so much support from Corporation Counsel,Planning Department to walk you through every single step of the way. And so I'm confident that you have the skills and the ability to serve with integrity, and to make good long-term decisions for our island. Thank you, Chair. ACTING CHR. INABA: Thank you, Council Member Kierkiewicz. Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. Yeah, like my colleague, my support has not changed at all. I took a long time to reflect on the last two weeks. For many of my colleagues, they know that I've actually been around this chamber for the last 30 years. I was a staffer here, did my work in the private sector, and then came back. And I began to reflect because sometimes, and we hear this all the time: "What you don't know, you don't know." And so I have to share something for my colleagues who are very brand new to this stage: Thirty years ago, Helene Hale, former Councilwoman, one of just two who sat at this dais, would beg the Administration to advance women. Because, all too often, those board and commission seats were being filled by men. And so when we talk about equity, 30 years ago Helene Hale championed that message. And here today we have a woman being advanced and being told she's not good enough. That no wasn't"No." It was, "No, you're not good enough." And it hurts me to think we as women have not made any progress in the last 30 years of me being around this room, this chamber, this dais. Helene Hale and Merle K. Lai—everybody can go look back through the archives, and I see some old-timers in the room right now nodding their heads not only would they beg for women, they would even entice the Administration, at least maybe their wives. And here we are 30 years later judging a wife by what her husband does. We're not moving forward at all. And it is a huge disappointment. Just yesterday, we advanced a resolution about midwives and how we wanted equity for women: given them opportunities, having them raise their kids, make choices about their bodies. And here we have an opportunity to have them make a choice for the future of our island, and we're saying she's not good enough. Page 8 Hawaii County Council-6 February 22,2023 Chantel, I've got you 110 percent. I share all of this, and I'm so proud that you've brought your family because this is the time that will mold and shape them to stand up and do what's right for our community and stand in the void when so many people are telling you you're not good enough. You're great, Chantel. You're a great example of what it is to stand up and speak up for what's right and push back on the challenges of not being good enough. You're great and I look forward to working with you on the Planning Commission. And as my colleagues have shared, you going get plenty support. I was once you. I sat on the water board; didn't know anything. Learned a lot. Ms. Galimba sat on the Planning Commission. She sits here on the dais with me. If we're looking to grow leadership, we've got to give them a shot. And I'm going to ask my colleagues to seriously reconsider what this decision does for the future of our island, but the future of women having equity in these spaces. I yield. ACTING CHR. INABA: Thank you, Council Member Lee Loy. Council Chair Kimball or anyone here in Kona? Ms. Kimball. MS. KIMBALL: Thank you, Chair. I appreciate, Chantel, how difficult it is to come before us. I was actually sitting in your seat not too many years ago; what a scary bunch of people. And so I certainly understand how intimidating it must have been. I think that my hesitation last time was I had asked you some very specific questions on perspectives because the CDPs (Community Development Plans), for example, are very important to my community and following those guidelines. A lot of it has to do with access to open space, which you've spoken about today, and preserving agricultural land. Without a clear response of where your positions were on those things andI'm sure you reviewed your response, and you can agree with me that I couldn't understand from your presentation that first time where you sat on those things. And so that was my concern. In response to my colleagues' impassioned pleas, I do support women in positions of leadership; that I wanted you to succeed, right. I was concerned that you would be placed on the planning commission and just get eaten alive because, honestly, let's be frank, that's the way you presented yourself last time. But everybody gets a second chance, thankfully, and you did a really wonderful job today. I think you really made it clear what your positions were, in a way that I needed to hear to feel comfortable that I was making the right choice for my community. I think you are an amazing woman, and I didn't not think that the last time. Raising 12 kids—and I think I may have said 9, but raising 12 kids, that's a feat in and of itself. And I take it you have twins, yeah? A couple of pairs of twins in there. Go ahead. MS. PERRIN: Sorry. I wasn't sure if I could touch or not touch. Page 9 Hawaii County Council-6 February 22,2023 MS. KIMBALL: Yeah. MS. PERRIN: My Makua, who's sleeping over there, Makua is actually adopted. He is the half-brother to my Taylor, who is the daughter of my husband. We lost his mom when he was nine months old to, unfortunately, a long-term use of drugs. We became friends, believe it or not. She was my best friend after we got over ourselves. When she started to get sick, she asked my husband and I, "Can you folks take care of Makua for me," as we did with her older two boys and Taylor. She's no longer here with us. Her will lives on through her children that reside with us. So it meant a lot for, especially Taylor, to see this. One, I'm a wahine. I'm her mom. I wanted her to see this and how important it is to go to school and get educated. That's the time where it means the most. Even if it's just a yearning in your heart, a gut feeling, as we never know where those instincts take us. ACTING CHR. INABA: Ms. Perrin? MS. PERRIN: Sorry, yes, go ahead. ACTING CHR. INABA: Thank you. We have some members here in Kona who want to chime in as well. Chair Kimball. MS. KIMBALL: Thank you, Chair. Thank you for hanai'ing somebody in need. That's a really important thing. I just want to wrap up by saying actions speak louder than words in many cases, and I was concerned about your ability to fight on that planning commission and stand up. I mean it's going to be hard. You came back. You did some research. You obviously took some time to think about this, and that speaks a lot to me. So I will be supporting your nomination today. Thank you. ACTING CHR. INABA: Thank you. Council Member Evans. MS. EVANS: Thank you. Well, it was a great impassioned speech today. I really thank you for that. I supported you last time and I support you today. The reason I wanted to talk is I wanted to ask the Clerk a point-of-order question. Just for people's background, I was majority floor leader at the State House of Representatives for 16 years. I served in that position for many years. And the point of order would be you do not imply what other legislators are thinking and why they vote the way they vote. And I'm a little disturbed by a statement that the "no"vote that was done in February is because the legislators here felt that Ms. Perrin was not good enough. So that is actually telling what another person's intent is. That would be out of order if I was the floor leader. I want to know is it out of order here in the Council to imply what another person's vote is. Page 10 Hawaii County Council-6 February 22,2023 MR. HENRICKS: Council Member Evans, at the time that that occurred, it would have been appropriate for you to bring that forward to the Chair and ask for the Chair to rule on that. Generally speaking, parliamentary procedure MS. EVANS: Thank you because I wanted to but I'm new to this. MR. HENRICKS: Yeah, understood. But it would be at the point in time that it occurred if you felt that was the case. MS. EVANS: I did feel it was the case. I just wasn't sure. So thank you. So it's too late to ask for a point of order, which is fine. But I wanted everybody to hear this: I felt very uncomfortable with implying what other people's vote—why they voted the way they did. So thank you. ACTING CHR. INABA: Thank you, Council Member Evans. And let us remember that for the rest of the discussion today and going forward. Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. Thank you, Ms. Perrin, for coming back and for showing your grit. I really do appreciate you coming back into this difficult situation. I'm going to still be voting "no," and I want to explain why. I really do believe in women, especially local and Hawaiian women, coming up to the ranks. I want you to succeed. And I really think in order to, as Council Member Lee Loy said, if we're going to grow leadership, that we put you in a situation where you can have success. I'm going to tell you right now, if you come back and are up for any other position on a board or commission where I think you can get a little more experience, I will be voting "yes" for you at that time. But, right now, I think this is just too big of a leap, having, as you say, kind of been out of the loop for a little while doing other extremely important things like raising your family, and I just want you to succeed. I'm pretty sure there are positions available on the Puna CDP Action Committee, and I think that is a perfect place for you to step in and really grow your potential. And then I would love to see you back here at some other time for this position. But I'll be voting "no" on your confirmation today for that reason. Thank you. ACTING CHR. INABA: Thank you, Council Member Kagiwada. Council Member Galimba. MS. GALIMBA: Hi, Chantel. Thank you for coming back and for that very eloquent talk that you gave about your reasons for wanting to serve and your background. I feel like you definitely helped a lot of us to understand where you're coming from. I think that—and I did vote "no" last time; I didn't explain at the time, but I think you inferred why. The situation has changed a little bit. Page 11 Hawaii County Council-6 February 22,2023 And my reasons then for voting "no" had nothing to do really with you, but really about the diversity on the Windward Planning Commission, which is really important. Because, although we really need people to get onto the Windward Planning Commission right now because we're missing seats, it's also really important that we be very thoughtful and careful about making sure that there is diversity. Because just having people on there, if we're not thoughtful about that, it can cause problems as well, as it currently is happening with an issue there. So the situation has changed, and my vote will change along with that. You did mention that you can trace your lineage back to Ka`u. As the representative of the district that contains Ka`u, I just wanted to sort of talk about that a little bit. As you know, in Ka`u we are very proud and protective of our place and the way it is. And so I hope that you can remember that and help us in protecting Ka`u. So, yes, I will be supporting you this time around. And thank you for serving and—well, if you get in—and definitely respect your motherhood and all of the work that goes into that. I can't even imagine. Just being a mother of one, it was crazy. So I can't even imagine 12. ACTING CHR. INABA: Council Member Villegas. MS. VILLEGAS: Aloha, Mrs. Perrin, and thank you for being here again today. Wow! What an interesting half hour in conversations here. Really touching. Some of it heart-wrenching. And some of it feels a little bit like gaslighting. I did not vote in support of your confirmation when it came before Committee, and I will not be supporting it today either. It has nothing to do with who you are or you being worthy or you being enough. You are obviously even more than enough. It has to do with experience and, in my mind, having dealt with what we have been trying to navigate in the last few years of the Leeward Planning Commission, folks that have experience directly in line with planning, land use, County government, or CDP action committees and whatnot. This commission is kind of the vehicle of a lot of those things, and we are at an unprecedented time. Yes, I think you're capable. Yes, I think you're worthy. Yes, I think that you're enough, obviously. But I share the sentiments of my counterpart on the Council, Council Member Kagiwada, in the desire—and I felt the same way for someone that the Mayor's office brought forward for the Leeward Planning Commission, in my hope that that person would serve on another commission before moving into this role. It's obvious you will have the votes today, and so I wish you the absolute best. I recognize that you have the tenacity and the diligence and the desire and the support of your whole `ohana for you to serve in this role, and I wish you the absolute best. Page 12 Hawaii County Council-6 February 22,2023 Thank you for honoring where I have to sit in my role and the decisions I have to make and how challenging they are, and how your confirmation or lack of confirmation affects a larger ecosystem, for lack of a better word, within government. There are just so many things at play. And so I won't be supporting you today in your confirmation; however, I do support your worth and your value and that you are enough, and would never want that to be misunderstood. So thank you for your gracious understanding and respect for the roles we have to play here on the Council as well. And with that, I yield. ACTING CHR. INABA: Thank you, Council Member Villegas. Coming to the end of this discussion, Ms. Perrin, as it relates to the kuleana that you'll have on the Windward Planning Commission, how do you see your community CDP and the CDPs of all of the communities that the Windward Planning Commission covers guiding your decisions on the commission? MS. PERRIN: I'm sorry, could you repeat one more time? I just want to make sure I heard you correctly. ACTING CHR. INABA: Sure. How do you see the CDPs guiding your actions, your decisions in your kuleana on the commission? MS. PERRIN: I see the CDPs as almost a foundation of what our community wants to see done, if not now, eventually down the road as time progresses in a respectable manner. ACTING CHR. INABA: Okay. And how will you balance your mana`o and community voice as it comes to decisions you will need to make on the commission? MS. PERRIN: I will balance it by listening to my community before I speak and making sure I have done the utmost investigation,whatever matters come to the table. And making sure when I deliberate, I have every piece of information I can possibly gather, whether it be from the community, whether it be from my colleagues, whether it may be from past experiences within the community. There is an array of resources available. And, of course, colleagues that will be there by my side, our side, as a community to make sure we make the correct decision for our communities to live on Hawaii Island and progress. ACTING CHR. INABA: Thank you. So, with that, I'll just address something you said earlier regarding conflict. We may disagree there. Sometimes it just needs to be said just so that the air is clear. But I think what we can agree on is kuleana and, ultimately, I think this is going to go for some other things we have to discuss today at Council, is our kupuna are watching. So, with that, I'm going to be supporting your nomination today with the trust that you take on the kuleana to respect not just your kids and their kids, but the kupuna who came before us. Thank you. With that, there's a motion on the floor to close file on Page 13 Hawaii County Council-6 February 22,2023 Communication 73 and confirm Chantel Perrin to the Windward Planning Commission. All those in favor, please say "aye." Oh, kalamai. Roll call vote, Mr. Clerk. Vote on GOEAC-15: The motion to adopt Governmental Operations and (Adopted) External Affairs Committee Report No. 15 was carried by the following roll call vote: Ayes: Council Members Evans, Galimba, Kierkiewicz, Kimball, Lee Loy, and Acting Chair Inaba—6. Noes: Council Members Kagiwada and Villegas —2. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. ACTING CHR. INABA: The nomination of Ms. Perrin is confirmed. Mahalo, Ms. Perrin, for being here today, and we look forward to your service on the commission. MS. PERRIN: Mahalo. GOEAC-16 NOMINATION OF DAVID R. GREENWELL TO THE LIQUOR (Comm. 74): COMMISSION Requires Council Confirmation by: March 5, 2023 (Section 13-4(k), Hawaii County Charter) Vote on GOEAC-16: Ms. Lee Loy moved to adopt Governmental Operations and (Adopted) External Affairs Committee Report No. 16. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. GOEAC-17 NOMINATION OF WIL OKABE TO THE LIQUOR COMMISSION (Comm. 75): Requires Council Confirmation by: March 5, 2023 (Section 13-4(k), Hawaii County Charter) Page 14 Hawaii County Council-6 February 22,2023 Vote on GOEAC-17: Ms. Galimba moved to adopt Governmental Operations (Adopted) and External Affairs Committee Report No. 17. Seconded by Ms. Kagiwada and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. ACTING CHR. INABA: The nomination is confirmed. GOEAC-18 NOMINATION OF DAVID A. WISEMAN TO THE MERIT APPEALS (Comm. 76): BOARD Requires Council Confirmation by: March 5, 2023 (Section 13-4(k), Hawaii County Charter) Vote on GOEAC-18: Ms. Galimba moved to adopt Governmental Operations (Adopted) and External Affairs Committee Report No. 18. Seconded by Ms. Kagiwada and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. ACTING CHR. INABA: We're going to be taking some things out of order, and we'll start with Bill 12, please. STATEMENTS The Acting Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON BILL 12 The following individuals registered to speak and came forward when called by (COMM. 50): the Acting Chair: Cindy Freitas: In opposition. (See Comm. 50.27) Thomas Clement: In support. Page 15 Hawaii County Council-6 February 22,2023 Simmy McMichael: In opposition. (See Comm. 50.32) Claire Loprinzi: In opposition. (Note: At this time, Ms. Loprinzi also spoke to Bill 194, Draft 3, being in support.) Ginger Hall: In support. 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) First Reading: February 8, 2023 Motion to Approve: Ms. Villegas moved to pass Bill 12 on second and final reading. Seconded by Ms. Kierkiewicz. ACTING CHR. INABA: Ms. Nakoa and applicants, if you'd like to come forward. This is our final reading on this matter. If you'd like to share anything, please go ahead. And I would actually like to start by reminding Council Members that any questions regarding court proceedings are outside the scope and duties of this Council. So that would be taken up as part of the court proceedings. Thank you. (Note: At this time, John Pipan of Land Planning Hawaii, LLC, and Shawn Maile Nakoa, applicant, came forward to address the members of the Council.) MS. NAKOA: Aloha and good morning, Honorable Chair and Council Members. I just wanted to put your minds at ease with regard to voting and hopefully improving Bill 12 with regard to any title-related issues. I wanted to let you know, specifically, that Judge DeWeese specifically analyzed title and made a specific determination that title was vested in the parties of the underlying lawsuit Page 16 Hawaii County Council-6 February 22,2023 and no one else. The judge's ruling was documented in a court order that was filed on July 6, 2021. So I wanted to just put your minds at ease regarding that and to thank you all. ACTING CHR. INABA: Thank you, Ms. Nakoa. Just to keep it short, unless it's anything new, we understand where we stand with the project. So, Mr. Pipan. MR. PIPAN: Aloha kakou. Thank you, Chair Inaba. Going back to where we started at the first Committee meeting with this proposed bill vetted by the Planning Department, the Planning Commission, the proposed amendment that we were grateful to have some support from the Council, that is no longer being considered. This project will be required to connect to the sewer system. There were some public testimony relating to archeological resources. We have to engage with further reviews by the State Historic Preservation Division (SHPD) before every further step, before subdivision, before the SMA (Special Management Area) assessment permit, before building permits. Before any ground disturbance has to occur on this lot, we have to get permissions by SHPD. With that, something you said, Chair Inaba, really struck me. This is a project about a grandmother wanting to raise her grandson on the land that her kupuna lived on prior to the Great Mahele. So these kupuna are watching us, and we would very greatly appreciate your support on this bill. Thank you. ACTING CHR. INABA: Thank you, Mr. Pipan. Opening it up to discussion from Council Members at this time. Council Member Kagiwada. MS. KAGIWADA: Hi. Sorry. I may have missed this, but it came to my attention that the property south of yours, are you going to have an easement from the Pomaika`i Street entrance to your property that would connect with the property to the south of you? Because, I don't see another way that that property will be connected with any roads. MR. PIPAN: Yes. Thank you, Council Member Kagiwada. Those issues will be addressed at the subdivision application phase. We understand we do have to provide for some access to that parcel, be it by easement or otherwise. We cannot have it remain landlocked. So, yes, that would be addressed at the next permitting stages. MS. KAGIWADA: Okay, thank you. I didn't see that anywhere. Thanks so much. I yield. ACTING CHR. INABA: Going over to Hilo. MS. KIERKIEWICZ: Chair Inaba? Page 17 Hawaii County Council-6 February 22,2023 ACTING CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. I don't have any amendments to put forward at this time. Really tried hard with the Planning Department and Corporation Counsel to work with DEM (Department of Environmental Management) to try to find a way forward to alleviate some of the cost. Unfortunately, it's not appropriate to be addressing as part of this rezone application, and so I trust that the Planning Department and DEM will be working with the applicant to find ways in which they are able to just get some financial support with the wastewater system as part of the subdivision process. So, `Anake, really tried hard to fight for you but it's really out of my hands at this point. Again, tried and really sympathize, but I think it's going to be better handled as part of the subdivision process. You have my support for the bill as it's written. Thank you, Chair. ACTING CHR. INABA: Thank you, Council Member Kierkiewicz. Council Member Villegas. MS. VILLEGAS: Aloha and thank you for being here again, all of you. What a day. We've heard on both sides very passionate and heartfelt reasons on both sides where the concerns lie. I am comfortable in approving the rezoning. There are extenuating circumstances with this property, and we've had conversations about it for years. I honor your dedication and tenacity that it's taken to get it through to this far and all that you've sacrificed in doing so. I'm thankful to the judge for clarifying and simplifying some of these things that historically can just go on for generations. Some talk about kupuna and kupuna watching, and some of the reasons I sit up here because I hope my kupuna are watching because they were some of the people that caused the pilikia that your `ohana suffers from now. So, in my own small way, I hope to be a part of the remedy. And in this circumstance, it's different than a zoning change request for other properties in this area in District 7. So I'll be supporting this today. And also very grateful for the wisdom of pulling that proposed amendment because it opened a whole other can of worms that I don't think we need to be going down that route. After being in D.C. last week and meeting with a number of different representatives from Hawaii that serve us on the Federal level, there are monies coming. There is support and there is a way to get you where you need to go. And there's trust here for your `ohana's intention, commitment, and long-term vision for this property and returning your `ohana back to the home where your kupuna and their iwi reside. Also,just want to say publicly this does not set a precedent for other landowners under other circumstances. And so I just thank you for your patience and your love for this place, and your accountability to serve this land and malama this place and connect to sewer. We had a huge presentation about it yesterday. It is Page 18 Hawaii County Council-6 February 22,2023 complex. You are not alone in the challenges related to dealing with all of our kukae. So I wish you the best and I'll be supporting this change today. I yield. ACTING CHR. INABA: Thank you, Council Member Villegas. Any further discussion on Bill 12? All right. With that, then, I hope that these conditions are met in the time frame allotted here. Thank you, Ms. Nakoa and Mr. Pipan, for your k6kua. We'll do a roll call vote, please, Mr. Clerk. Vote on Bill 12: The motion to pass Bill 12 on second and final reading was (Adopted) carried by the following roll call vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. ACTING CHR. INABA: Bill 12 is adopted at second and final reading. Mahalo nui. We'll move on, then, to Bill 194,please. MS. NAKOA: Mahalo. STATEMENTS The Acting Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON BILL 194 The following individual registered to speak and came forward when called by (DRAFT 3) the Acting Chair: (COMM. 898.25): Cindy Freitas: In support. (Note: Claire Loprinzi provided testimony in support, previously during public statements for Bill 12.) Bill 194: AMENDS CHAPTER 25, ARTICLE 2, DIVISION 4, SECTION 25-2-44, OF THE (Draft 3) HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATED (2020-2022) TO CONDITIONS ON CHANGE OF ZONE Provides the County Council exclusive authority to grant an initial time extension for the performance of conditions within a change of zone ordinance and increases the filing fee from $250 to $500 for any request for a time extension, change, or alteration of conditions within a change of zone ordinance. Reference: Comm. 898.25 Intr. by: Mr. Inaba Approve: PCPLUD-2 Page 19 Hawaii County Council-6 February 22,2023 Motion to Approve: Ms. Villegas moved to pass Bill 194, Draft 3, on first reading and adopt Policy Committee on Planning, Land Use, and Development Report No. 2. Seconded by Ms. Kagiwada. ACTING CHR. INABA: This is something I introduced. We had a lot of discussion about it already in Committee. It's in its third draft, and I just ask for my colleagues' support in moving it to second and final reading. Happy to have any questions or discussion at this time, starting in Kona. All right, I'll go over to Hilo. MS. LEE LOY: Mr. Inaba? ACTING CHR. INABA: Council Member Lee Loy, go ahead. MS. LEE LOY: Thank you. I had been tinkering with it and actually put it all down, something Council Member Kaneali`i-Kleinfelder mentioned the last time, which gave me pause to think about the process and how this has truly evolved from what was unanimous support on both the Leeward and Windward Planning Commissions to where we are now. I'm very concerned that there is too far of a deviation from where this original bill started to where we are now. I'm going to leave it there, but I will be voting against this bill at this time and have maybe some offline discussions with the Planning Department about this entire process. We advanced a piece of legislation to be vetted by both the Windward and Leeward Planning Commissions. It's come to us as changed, and I'm just wondering if there's another process to get more input from both the Windward and Leeward Planning Commissions. I think we've heard and it has been stated on the record that the Planning Director continues to support the original bill, and here we are at Draft 3. So thank you. I yield. ACTING CHR. INABA: Thank you, Council Member Lee Loy. Anyone else in Hilo? MS. KIERKIEWICZ: Chair? ACTING CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you for the opportunity, and again, thank you for your hard work on this bill. My sentiments have not changed. I was in full alignment and agreement with the initial draft that you had put forward, the draft that was reviewed and vetted by the commissions and the Planning Department. But it's, as I shared in Committee, morphed to a point where I just can't support it. It's already so difficult to get things done here in Hawaii, and we've just added another layer of bureaucracy and I just can't support that. Thank you. I yield. Page 20 Hawaii County Council-6 February 22,2023 ACTING CHR. INABA: Any other—Council Chair Kimball, any thoughts before we bring it back to Kona? MS. KIMBALL: Thank you, Chair. I was ruminating about this one this morning, and one of the things that occurred to me is that this is largely about transparency. And one of the things that came to mind was the concerns that Council Member Lee Loy had about stopping the clock and the true time that projects actually take. In my mind, it's actually going to be better if in our original zoning ordinances we get the time right. I think this forces that to happen a little bit more. And while I understand the concern that this has deviated some from the original language, I think it's been more to clarify and to add claritysorry, I'm a little swimmy today. It's made the process clear. I think the resolution mechanism is pretty straightforward. It's simple. It's not as burdensome as this whole process. I think what you've come up with, in my mind, is a nice compromise. So I'm going to be supporting it just because of the transparency. I think it lends to the process. Thank you. ACTING CHR. INABA: Thank you. Bringing it back here to Kona. Council Member Villegas. MS. VILLEGAS: Thank you. Yeah. For the same reasons as mentioned by Chair Kimball, I will be supporting this today as well. I suppose I'm a little confused because, in my recollection, in the other versions that were brought forth, the reason that you made these amendments was because other members on the Council had concerns and pointed out things that needed to be changed. And so you've done those things and followed through. So it's a little confusing to me. I feel the term of the day feels a bit like gaslighting, that now it's too far away even though the things that you've done have been to make improvements based on the prior concerns stated. So I honor this process that you've made and taking all of those suggested and recommended changes for improvement of the bill into consideration, incorporating that language which still serves to perpetuate and align with the original intention and what this bill makes happen, which is more transparency and better improvements for this process. So I'll be supporting this today, and thank you for your diligence regardless of the moving target. Thank you. ACTING CHR. INABA: Thank you. Council Member Evans. MS. EVANS: I'm in support and I appreciated the work of the planning commissions and their comments on time extensions and initiating time extensions. I believe their recommendation was brought to the Council to have a lot of public debate, which I think we had really good debate, actually. This has Page 21 Hawaii County Council-6 February 22,2023 been extremely transparent. I think what we've done is moved it along, and I don't believe we need to go back to the commissions. So I'm in favor of the work that's been done and where we are at today. I'm in strong support. Thank you. ACTING CHR. INABA: Thank you, Council Member Evans. Any other discussion on Bill 194, Draft 3? Council Member Galimba. MS. GALIMBA: I also want to thank you for your work. I know I voted for the amendment and then sort of went backwards I think basically because I more support the original language unclear of the "why's." I just have to chalk that up to being sort of a newbie, not knowing exactly what I was doing. But I do think it is more clear, actually, than the original language. So I just want to thank you for all the work that you did. That will be (inaudible) against this, though. ACTING CHR. INABA: Thank you, Council Member Galimba. With that, I just want to thank, again, the Council for our work in Committee. Again, I don't know how many times I can repeat this, that it does increase transparency for development across our island. It gives community the opportunity to submit their mana`o when conditions aren't met in the time agreed in the original rezoning ordinance, while also giving applicants the opportunity to come back with just the two-step process via resolution. So, with that, I ask for support on this matter. Mr. Clerk, if we can please do a roll call. Vote on Bill 194: The motion to pass Bill 194, Draft 3, on first reading and Draft 3 adopt Policy Committee on Planning, Land Use, and (Approved) Development Report No. 2 was carried by the following roll call vote: Ayes: Council Members Evans, Kagiwada, Kimball, Villegas, and Acting Chair Inaba—5. Noes: Council Members Galimba, Kierkiewicz, and Lee Loy —3. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. ACTING CHR. INABA: Bill 194, Draft 3, is approved at first reading and moves on to second reading. We'll move on then to Bill 22, please. Page 22 Hawaii County Council-6 February 22,2023 Bill 22: AMENDS CHAPTER 2,ARTICLE 2;ADDS A NEW ARTICLE TO CHAPTER 2; (Draft 2) AND AMENDS CHAPTER 4,ARTICLES 2, 3,4,AND 9, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), TO CREATE AN ANIMAL CONTROL AND PROTECTION AGENCY Establishes an independent agency to provide for the care and maintenance of impounded animals and to fulfill the functions and requirements of Hawaii Revised Statutes, Chapters 143 and 711 relating to the protection of animals. Reference: Comm. 91.38 Intr. by: Ms. Kimball and Ms. Evans Approve: GOEAC-19 Motion to Approve: Ms. Kimball moved to pass Bill 22, Draft 2, on first reading and adopt Governmental Operations and External Affairs Committee Report No. 19. Seconded by Ms. Evans. ACTING CHR. INABA: Council Member Evans or Council Chair Kimball. MS. KIMBALL: Chair, I'll have Council Member Evans kick us off today. Thank you. ACTING CHR. INABA: All right, Council Member Evans, go ahead. MS. EVANS: Thank you very much. In strong support of this bill that will stand up this agency, which I think is really going to be important because our community has real concerns about animal control and protection right now. And I think putting it into this agency reporting to the Deputy Managing Director, whom we have in the Hilo chamber, Lee Lord, welcome to the chamber. I think the message is loud and clear from the testifiers today and some of the emails that I've gotten in the last week, is we really want transparency. We want accountability. We want to make sure that we deal with proper shelter management. We want the ability to have a task force or ability for the public to feel that they can weigh in and oversee what's being done. I think the message has been loud and clear. I'd really like to turn it over to Lee Lord to tell us how in fact are we going to address people's, obviously, mistrust of what's been going on. Real unhappy with what happened with Rainbow Rangers and how can we get back the trust of our community. So I'll turn it over to you, Lee. ACTING CHR. INABA: Managing Director Lord. (Note: At this time, Managing Director Lee Lord, Office of the Mayor, came forward to address the members of the Council.) Page 23 Hawaii County Council-6 February 22,2023 MR. LORD: Thank you, Chair. Regarding trust, I think one of the best things we can do is be as transparent as possible. What's happened in the past and the reason that we decided to do a one-year pilot program where the County took it over was because what was happening wasn't good. And people weren't knowing, the County wasn't knowing, exactly what was going on unless we made visits to the sites. So, to be transparent, I think, first of all, in the County website we can and we will, and we're planning and we're already talking about it, be posting our statistics and metrics about what's happening at the animal shelter. I would like to, and I've already spoken to the Mayor and I've already spoken to our group of people about creating a task force including community members that are concerned to help us look at what are the best metrics to put on there and also to give us input on what we're doing, and give us support and recommendations about where we're going. To pull that up, we have to have a task force, and the Mayor's agreed to that. We can do that as soon as this bill passes. We also need to hire somebody to be the shelter administrator, I'm sorry, the agency administrator, and we need to do that very thoughtfully. We have a draft of a job description that we worked very closely with Human Resources and the Police Department, who's been doing all the work up until this point since we took it over, so that we get somebody in there that has the breadth and depth and knowledge and expertise on the subject to ensure we're doing the best for the community and for the animals. The other issue we would want to address is creating—and we can't create it but we can certainly encourage people in the community to create a"friends of the animal protection agency" so that people that do want to help can come in and help. It's not exactly a part of the County, but it's like the "Friends of the Zoo"; they're a private nonprofit type of thing and they can come in if we need volunteers to do things that regularly scheduled union people don't do, and they want to step up and help us. Then there's going to be some activities that we can certainly use some help on. So, for us, it's the "Friends of the Animal Control and Protection Agency." It's having that task force where we have community input from a variety of community members helping us look at what we're doing and giving us input on what I said, first of all, was ensuring that we're providing information on the website—reports—and tailoring that to what the community wants to hear about. Because, our goal is to be as transparent as possible. Previously here with the Council, anytime you've all wanted numbers or reports, we've gotten those to you as soon as possible. We would continue to do the same and tailor those to your needs. MS. EVANS: Thank you. Just one follow-up question to that. When you do the task force and create it in terms of what are the outcomes or duties of the task Page 24 Hawaii County Council-6 February 22,2023 force, how do you plan on coming up with that? Because, one of the things that just came to mind was one of the testifiers earlier today was talking about spay and neuter and population management, about maybe shelter management plans. I mean, how do you plan on determining what the task force is going to do? MR. LORD: I think, first and foremost, the task force is the voice of the community. So listening to them and tailoring and seriously taking into consideration some of the recommendations that might come to the task force, but also using the task force as a partner at the table when we're talking about what's going on. So having some regular meetings with the task force so there can be discussions, so we can hear from the community what's being discussed in the community about animal protection and control, as well as sharing with the task force what we're doing at the shelter, what our challenges are, what our successes are, and what our needs are. For example, making sure that people know currently what's going to be in the Code and how the County addresses spay and neutering. Because at this point in time, our job is not defined as spay and neutering, although the County Council has distributed money a lot during this past year to agencies that do spay and neutering. Educating the community about what exactly our task and our jobs are at animal control can only help people understand what we do. And then, if there are other needs, directing them to where those needs are being met. But, having that information out there, that could be done with the task force. That can be done on our website, giving information out. But we're going to hear from the task force what information is wanted. MS. EVANS: Thank you. I guess what I'm hoping is this is a huge island. I hope you pick someone from each district because it'sI know my end of the island, it's a long distance, two-hour-plus drive to Hilo. So the challenges, geographically, are there. I guess the final thing is how are you going to deal with, like, the shelters? Waimea's shelter got shut down. How are we going to have enough shelter space, and are you working on identifying locations? MR. LORD: Yes. The majority of our time right now is getting the East Hawaii shelter up and running. But we've been evaluating and have already talked as a group about what's happening in Waimea and expanding there. There's a lot of challenges with that site. But we need to look at that. We might be able to use it temporarily going forward. And same with the West Hawaii site. It's going to need a lot of work. So we have to get our Public Works in there and evaluate. We need to be at the table. Major Wana and her staff at the Police Department know exactly what's kind of needed. Plus there's examples about what's needed for the animal control and practice like we're talking about. So getting that all up and running. Page 25 Hawaii County Council-6 February 22,2023 So what we need to do once this bill is passed, of course we need to get the administrator on board, but we also need to come up with a plan. So we need to sit down and say what are our priorities and where are we going to spend our effort and our money and go from there, or what resources are we going to need, what assistance are we going to need. But we need to have a plan, especially for that administrator to know what we're looking at them to do, where we want to go, and how we're going to get there. So, of course, on that plan is going to be expanding the West Hawaii end to Waimea. And we've gotten a great response from Public Works. We just had a meeting last week with Public Works. And we're visiting the Barking Kennel this coming Thursday with DIT (Department of Information Technology), Public Works, Finance, Human Resources so that we can look at exactly what changes need to be made to the current facility so that we're providing a great place for the workers to be, but also providing the best place and safest place to work with the animals that we're going to be helping. ACTING CHR. INABA: Thank you. Sorry, Council Member Evans, I just want to make sure that weI know there's facilities discussion, but I want to keep us to the content of the bill, which is the standing up of the agency. MS. EVANS: The only link to it is would it help get this bill done ASAP (as soon as possible) so you can do all the things we just talked about. I'm in support of this passing. Thank you. ACTING CHR. INABA: Thank you, Council Member Evans. MR. LORD: Yes. ACTING CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you. And thank you, Managing Director. I think your assurances and some of the things you've said, like making sure there's a task force, having the information on the website, and a clear description of what this agency will and will not be doing, but partner agencies in the community will be doing, is super important. And all those things are things that I'm very excited that you're talking about. The only other thing I want to say is I will be proposing an amendment, working with the co-introducers to propose an amendment that says that at least two times a year, the agency comes before the Council and reports out. Because, what that does different than, say, the website information or reporting directly to you is it really, I think, helps get it out to the public more. We may have the newspaper writing about it. You may have those kinds of things happening that aren't really done when things are just on a website or reported to the Mayor's office. So I hope you'll understand that I just think that that's important given everything Page 26 Hawaii County Council-6 February 22,2023 that's gone on to keep the public informed about what's going on. And it's not anything back on you. I just think it's just an added way we can show that we're going to be very transparent, as Council Member Evans said before, and make sure the public knows what's going on. So thank you so much for your work on this, and I will be proposing that amendment. Thank you. ACTING CHR. INABA: Thank you, Council Member Kagiwada. Anyone? MR. LORD: Could I respond, Chairman? ACTING CHR. INABA: Director Lord, go ahead. MR. LORD: Thank you, Chair. Council Member Kagiwada, absolutely we agree with you. And if the amendment doesn't pass, I just assure you that just like Mass Transit,just like Civil Defense, when the Council asks for reports, and usually it's more than twice a year, we'll be absolutely willing to come forward to answer questions. I agree you can't get that conversation happening on a website where we're just reporting the metrics, but having the conversation. So even if it doesn't pass, we're fully committed to coming and, at least twice a year, reporting and answering questions about what's happening at the animal control. MS. KAGIWADA: Thank you so much. I yield. ACTING CHR. INABA: Thank you. Council Member Galimba. MS. GALIMBA: I just wanted to say thank you to all of the folks who are currently working in this area who are helping our animal friends every day, the animal friends that get in trouble, including the people in the County, people in the nonprofit world. I know that they just work so tirelessly to try and make things better. We're not in a very good situation right now; we hear all of the concerns. But I feel that time is of the essence to get this first step through, and so don't want to mess around with a lot of amendments. We can go back and do iterations, work on Chapter 4, work on this language. But we really need to get this agency and this administrator set up so that we can do all the good things that we want to do for the animals. ACTING CHR. INABA: Thank you, Council Member Galimba. Any other discussion on Bill 22, Draft 2? Okay, there being none, mahalo again to the introducers. I'll be supporting this as well and look forward to seeing it at second and final reading. All those in favor of approving Bill 22, Draft 2, at first reading, say "aye." Page 27 Hawaii County Council-6 February 22,2023 Vote on Bill 22: The motion to pass Bill 22, Draft 2, on first reading and Draft 2 adopt Governmental Operations and External Affairs (Approved) Committee Report No. 19 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Lee Loy —2. Excused: None. ACTING CHR. INABA: Taking us back, I missed the minutes. Return to Order The Acting Chair directed the Council to return to the order of business. of Business: APPROVAL The Acting Chair directed the Council to proceed to the next order of business, OF MINUTES: Approval of Minutes. Vote on Approval Ms. Galimba moved to approve the Minutes of of Minutes: January 25, 2023. Seconded by Ms. Kagiwada and carried (Approved) by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Lee Loy —2. Excused: None. ACTING CHR. INABA: Motion carries. We'll head to Resolution 43-23, please. MR. HENRICKS: Is there any testimony for Resolution 43-23? ACTING CHR. INABA: Are you folks here for ? Okay, Resolution 43-23 is now. MR. HENRICKS: You'd like to testify? Yeah, I don't have a registration form. Perhaps it'd be easier if we read it in, make a motion, and then Council Members can just ask them to make some comments at this point, if that's acceptable. It's not for me to say but maybe you could. Page 28 Hawaii County Council-6 February 22,2023 ACTING CHR. INABA: Sure. We'll have one representative from the organization speak to it after it's on the floor. ORDER OF The Acting Chair directed the Council to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Res. 43-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO PULAMA IA KONA HERITAGE PRESERVATION COUNCIL TO ASSIST WITH EDUCATIONAL EXPENSES FOR ITS 1925 MONUMENT RESTORATION PROJECT IN HOLUALOA Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 81 Intr. by: Mr. Inaba Motion to Approve: Ms. Villegas moved to adopt Res. 43-23. Seconded by Ms. Kagiwada. ACTING CHR. INABA: This is a CRF (Contingency Relief Fund)resolution from my office, and we have Ms. Harvey here from Pulama Ia Kona today. Ms. Harvey, if you'd like to make a statement on behalf of the organization, you can come to the front table,please. (Note: At this time, Project Manager Antu Harvey of Pulama Ia Kona Heritage Preservation Council came forward and spoke in support of Res. 43-23.) ACTING CHR. INABA: Thank you, Ms. Harvey. Mr. Clerk, was there any further testimony on this item? No? Okay. All right. With that, thank you, Ms. Harvey, and hope to be a part of seeing this project through its completion. Is there any further discussion on Resolution 43-23? Council Member Villegas. MS. VILLEGAS: I'm excited and honored to support this resolution and the funding for this project. I'm also looking forward to some of my own coming forward. My apologies in a bit of delay there. But I'm extremely grateful for Vice Chair Inaba and his recognition of the historical significance and value of this piece of history in H6lualoa Town. His lineage is very connected to this area, and so I'm grateful for his contribution and look forward to also supporting you guys as soon as we figure out where it is in the process. So hopefully we'll see you again soon, and I just thank my colleagues for their support. I yield. Page 29 Hawaii County Council-6 February 22,2023 ACTING CHR. INABA: Thank you, Council Member Villegas. And with that, thank you so much, you folks, for your patience today. I know we had to take a lot of things out of order, and you've been here for two-and-a-half hours. So mahalo. With that, there's a motion on the floor to approve Resolution 43-23. All those in favor,please say "aye." Vote on Res. 43-23: The motion to adopt Res. 43-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Lee Loy —2. Excused: None. ACTING CHR. INABA: We're going to continue taking other things out of order at this point per request from the department. So we'll head over to Resolution 47. Change Order As directed by the Acting Chair and with no objection from the Council of Business: Members, the following items were taken out of order: Res. 47-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF SIX SEMI-TRACTORS FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$25,800 for equipment to transfer refuse from the East Hawaii Regional Sort Station to the West Hawaii Sanitary Landfill. Reference: Comm. 86 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-17 Motion to Approve: Ms. Kagiwada moved to adopt Res. 47-23 and Finance Committee Report No. 17. Seconded by Ms. Galimba. ACTING CHR. INABA: Discussion? We have Director Mansour here in Kona chambers today. Okay, no discussion with that, Director Mansour, if you could come up, please, and share the information that Council Member Kaneali`i- Kleinfelder requested of your department at Committee hearing. (Note: At this time, Environmental Management Director Ramzi Mansour came forward to address the members of the Council.) Page 30 Hawaii County Council-6 February 22,2023 MR. MANSOUR: Good morning and thank you. Let me start with the information that Council Member requested. On the tractor itself, we're asking for six tractors. Currently, we have about 27 current working tractors, 44 original inventory. That gives you about 17 tractors that were disposed of and taken out of operation. So in '21-'22 fiscal year, we asked for 3 and we're going to receive them in August of this year. That gives you an idea of the time that would take just to get this type of equipment on the island. In '22-'23, we asked for 6 and I'm here before you, through that B-52, to get it approved so we could order the equipment. We anticipate, if it gets approved today, the order would take place and we may receive it in '24. So it's going to take about 365 days just to receive these equipment. We're going to be coming before you in '23-'24 fiscal year budget, and we're going to be asking for 6 more. We're trying to make up the difference in the equipment we lost from our inventory to be able to deliver the services requested. And that's for the tractors. ACTING CHR. INABA: All right. Thank you, Director Mansour. Any questions? Council Member Galimba. MS. GALIMBA: Thank you. Thanks for being here. I just have to ask, given our discussion yesterday about the hydrogen, do you know of any hydrogen tractors, trailers, rigs? Are they available yet? MR. MANSOUR: I think we looked into it during our request. Actually, within the last two years, we've even looked at trying to figure what we could do from equipment with electrical hydrogen. I know Council Member Villegas, last meeting she brought the biodiesel as well, as an option. As far as the hydrogen, I have not seen the semi-trucks, these heavy equipment, yet being operating in hydrogen. We looked into it. And currently, we don't have the supply of hydrogen here on the island. But as I mentioned, we've only got 23 to 27 working trucks. We've got 21 transfer stations, and we've got a reload facility at Hilo and we've got the landfill. So if you do the math, that's one truck per facility currently, and that's why we're struggling. The number's not adding up. And the 27 that are working, they're not in good condition either; that's why we've been closing services. Hopefully that answers your question. ACTING CHR. INABA: Thank you. Any further discussion on this resolution? MS. KIERKIEWICZ: Chair Inaba? ACTING CHR. INABA: Council Member Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thanks for the opportunity. I just wanted to extend my support to DEM for this and the subsequent resolutions. I know that our Page 31 Hawaii County Council-6 February 22,2023 mechanics and our equipment operators know their machinery best, and so I certainly don't want to have them be put in a situation where their safety is being compromised. I want to make sure that they have all the tools and equipment that's needed to do the best job and to do so effectively and efficiently. So I will be supporting investment in this equipment. Thank you, Chair. ACTING CHR. INABA: Thank you. Council Member Evans. MS. EVANS: Thank you. Just a follow-up. Actually, my question was about the mechanics and parts and support. You were telling us that these machines, some of them are old and so you're trying to update as time goes. So how soon do you think you'll be back asking for the next 3 or 5 or ? MR. MANSOUR: Yes, I mean, these tractors, we're going to bid them out. There's few manufacturers that they're making international: Better Build, Kenworth. These are heavy trucks. You see them on the highways. So we're going to get one of the four that's going to be lease-to-own. And the equipment, our mechanics here on the island have been working on these equipment. So my challenge was, as the current equipment, if it goes down, the parts that we need are taking forever to get because the backlog, trying to bring these parts from the Mainland. COVID (coronavirus disease) had done its job by delaying the supplies, the demands-on-the-supplies equation; it's just so much behind. That's why we did the order in '21-'22; we're not going to receive it till August of this year. Our staff, kudos to them because, like I said, if you do the math, we've got 27 working trucks, 21 transfer stations, and a landfill. And each transfer station has at least one trailer to four or five trailers because we do the green waste. We do the white goods. We do the rubbish itself. And we're constantly moving the trailers when they fill up, and we don't have enough trucks. So they've been literally working the truck on three, four different trips in one day trying to just— and ustand they kept these trailers from these transfer stations. So it literally has been a challenge. And the mechanics MS. EVANS: I look forward to our budget talks when we see it coming up here in the next couple months how we're going to look into the next year. Thank you. MR. MANSOUR: Thank you. ACTING CHR. INABA: Thank you, Council Member Evans. With thatoh, Council Member Kagiwada. MS. KAGIWADA: Sorry,just a quick thing. Following up on what you just mentioned with the biodiesel. Is that something that is possible or in your discussions? And how much—what is the difference between the trucks that are available to use the biodiesel versus regular diesel? Page 32 Hawaii County Council-6 February 22,2023 MR. MANSOUR: Yes. I think after our last meeting Council Member Villegas brought it up. So I went back to the office and talked to staff. They said, "Keep it away!" The reason is they have tried it. I did not know that. Here on the island, Council Member Villegas, they tried it and they had a nightmare with it. You have to convert the engines, and going up Saddle Road, it just did not cut it for my staff and it was a loss. So that's why they went back to these types of equipment. So I wouldn't recommend biodiesel, given the fact that it's been tested and proven that it's not a good option. MS. KAGIWADA: Okay, thank you. And thanks for at least researching that and letting us know. Hopefully, we can get on to cleaner options soon. Thanks. MR. MANSOUR: You're welcome. Thanks. ACTING CHR. INABA: Thank you. That brings us to the end of discussion. Resolution 47-23, there's a motion on the floor. All those in favor of approving, please say "aye." Vote on Res. 47-23: The motion to adopt Res. 47-23 and Finance Committee (Adopted) Report No. 17 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Lee Loy —2. Excused: None. ACTING CHR. INABA: Moving on to Resolution 48. Res. 48-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF FOUR WALKING FLOOR TRAILERS FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$15,600 for equipment to collect and transport refuse. Reference: Comm. 87 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-18 Page 33 Hawaii County Council-6 February 22,2023 Vote on Res. 48-23: Ms. Galimba moved to adopt Res. 48-23 and Finance (Adopted) Committee Report No. 18. Seconded by Ms. Kagiwada and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Lee Loy —2. Excused: None. ACTING CHR. INABA: Resolution 48-23 is adopted. Resolution 49, please. Res. 49-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF FOUR COMPACTING REFUSE TRAILERS FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$17,600, to replace four trailers used to transport refuse from County Solid Waste transfer stations. Reference: Comm. 88 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-19 Vote on Res. 49-23: Ms. Galimba moved to adopt Res. 49-23 and Finance (Adopted) Committee Report No. 19. Seconded by Ms. Kagiwada and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Lee Loy —2. Excused: None. ACTING CHR. INABA: Resolution 49-23 is adopted. We shall now move on to Resolution 59-23. I believe our Director is in. Page 34 Hawaii County Council-6 February 22,2023 Res. 59-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT FOR SOFTWARE LICENSING Authorizes the Mayor to enter into a three-year agreement to continue the County's participation in the Microsoft Enterprise Agreement program to ensure all Microsoft software products remain operational. Reference: Comm. 109 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Ms. Kagiwada moved to adopt Res. 59-23. Seconded by Ms. Galimba. ACTING CHR. INABA: Go ahead. Almost afternoon, Director; apologies for the long wait. If you'd like to share anything about this resolution, go ahead. (Note: At this time, Information Technology Director Scott Uehara came forward to address the members of the Council.) MR. UEHARA: Thank you, Members. Scott Uehara, Director of Department of Information Technology. No, I'm just here to answer any questions about this resolution. Thank you. ACTING CHR. INABA: Thank you. Opening it up to discussion here in Kona. Council Member Evans. MS. EVANS: Thank you. In terms of software licensing, does this have anything to do with when I go onto the computer and I try to get onto the County's website to get information? Is that a software program? How you get onto the website and use the website, is that part of this? MR. UEHARA: No. That would be a different contract. That's with our Granicus vendor. MS. EVANS: Okay. That's what I need to know. Thank you. ACTING CHR. INABA: Thank you. Any further discussion? If not, there's a motion on the floor to approve Resolution 59-23. All those in favor,please say Ic aye. Page 35 Hawaii County Council-6 February 22,2023 Vote on Res. 59-23: The motion to adopt Res. 59-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Lee Loy —2. Excused: None. ACTING CHR. INABA: Resolution 59-23 is adopted. Last one out of order, Resolution 51-23. Res. 51-23: AUTHORIZES THE DIRECTOR OF FINANCE TO NEGOTIATE A SIXTY-FIVE YEAR LEASE WITH THE STATE OF HAWAII FOR THE PURPOSE OF THE DEVELOPMENT AND CONSTRUCTION OF A PUBLIC LIBRARY BY THE HAWAII STATE PUBLIC LIBRARY SYSTEM, SITUATED AT WAIKOLOA, DISTRICT OF SOUTH KOHALA, COUNTY AND STATE OF HAWAII, AND IDENTIFIED AS TAX MAP KEY: 6-8-041-020 AT A SET LEASE RENTAL AMOUNT OF $0.00 PER YEAR The property located within the County's Kamakoa Nui Subdivision is approximately 2.567 acres, and would be used for the purposes of developing, building, and operating a public library. Reference: Comm. 90 Intr. by: Mr. Inaba(B/R) Approve: LAAC-10 (Note: Comm. 90.6, from Housing Administrator Susan Kunz dated February 17, 2023, transmitting a proposed amendment to Res. 51-23, was circulated.) Motion to Approve: Ms. Galimba moved to adopt Res. 51-23 and Legislative Approvals and Acquisitions Committee Report No. 10. Seconded by Ms. Evans. ACTING CHR. INABA: We have friends from both DLNR (Department of Land and Natural Resources) and our State library system on board. Before we hear fromactually, I'd like to open it up. If you folks would like to share anything, Mr. Tsuji or Stacey? Mr. Tsuji, you can start. (Note: At this time, Land Division Administrator Russell Tsuji, Department of Land and Natural Resources, and State Librarian Stacey Aldrich, Hawaii State Public Library System, came forward to address the members of the Council.) Page 36 Hawaii County Council-6 February 22,2023 MR. TSUJI: Thank you, Chair Inaba, members of the County Council. Russell Tsuji for DLNR. We stand in support of this resolution, and I'm available to answer any questions that any of the Council Members may have. Thank you. ACTING CHR. INABA: Mahalo. Stacey, if you'd like to share anything,please go ahead. MS. ALDRICH: Aloha, Chair. Thank you so much and thank you, members of the Council. Again, we're in support of this resolution. We're so excited to finally have an opportunity to build a public library in Waikoloa. They have been waiting for a long time. We're very appreciative to the community, the Waikoloa friends, and especially Council Member Cindy Evans who has been working this from the very beginning, and Representative Tarnas and Russell from DLNR and also Harry Yada from the Office of Housing and Community Development. We're very grateful for your consideration to build this dream, a library in the community of Waikoloa. Mahalo. ACTING CHR. INABA: Thank you very much. With that, before there's any further discussion, there was an amendment submitted by the Office of Housing and Community Development to correct the name of our library system. So if I could please have a motion to amend Resolution 51-23 with the contents of Communication 90.6,please. Vote on Motion to Ms. Evans moved to amend Res. 51-23 with the contents of Amend: Comm. 90.6. Seconded by Ms. Kagiwada and carried by (Approved) the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Lee Loy —2. Excused: None. Page 37 Hawaii County Council-6 February 22,2023 Vote on Motion to Ms. Villegas moved to suspend Council Rule 24 to waive Suspend Council the holdover for the substantive amendment of Res. 51-23. Rules: Seconded by Ms. Evans and carried by the following voice (Approved) vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Lee Loy —2. Excused: None. ACTING CHR. INABA: Back to the main motion. Council Member Evans, go ahead. MS. EVANS: Thank you. In strong support and really appreciate the continuing efforts by Stacey, the State Librarian, by Russell Tsuji at DLNR. We have spent many years trying to find a site that would be workable. This ends up being, I believe, the third site that we've been trying to work on to make it feasible and move forward, and it looks like we have a site. So I want to congratulate everybody for their efforts in doing this, and look forward to, hopefully, the negotiations with Finance. I'm not sure, Russell, a question to you: Will you have to go back in front of the Board of Land and Natural Resources? MR. TSUJI: We already got approval for the lease. I don't anticipate a need to going back to the land board, yeah, once we get approval. MS. EVANS: Okay. So, once the lease is done, then there is no board or commission or the Board of Education, for example. You don't have to go, Stacey, in front of them again. MS. ALDRICH: We would definitely share with the board, but they have been aware of this project, and I think we'd be able to move forward. MS. EVANS: So it sounds like a"good to go." So, hopefully, everybody supports this today and we get it passed, and I'm sure the community will be celebrating tonight. Thank you. MR. TSUJI: Councilperson, I think, if anything, maybe the lawyers from both sides need to work out any issues. But as far as I heard, we turned over the draft form, I believe, to the County Council, which I understand is under review right now by the County Corporation Counsel. Thank you. MS. EVANS: Okay, thanks for the update. Page 38 Hawaii County Council-6 February 22,2023 ACTING CHR. INABA: Thank you, Council Member Evans. Thank you to State `ohana for being here and for your patience today. There is a motion on the floor to approve Resolution 51-23, as amended. All those in favor,please say Ic aye. Vote on Res. 51-23: The motion to adopt Res. 51-23, as amended to Draft 2, Draft 2 and Legislative Approvals and Acquisitions Committee (Adopted) Report No. 10 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Lee Loy —2. Excused: None. ACTING CHR. INABA: Thank you again, you folks. Top of the agenda,please, Mr. Clerk. Return to Order The Acting Chair directed the Council to return to the order of business. of Business: Res. 44-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII, DEPARTMENT OF HEALTH PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Allows for the receipt of$49,600 in federally derived funds, which would be used to complete a Wastewater Service Area Expansion Feasibility Study. Reference: Comm. 82 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-14 Vote on Res. 44-23: Ms. Galimba moved to adopt Res. 44-23 and Finance (Adopted) Committee Report No. 14. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Lee Loy —2. Excused: None. Page 39 Hawaii County Council-6 February 22,2023 ACTING CHR. INABA: The resolution is adopted. Res. 45-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT Transfers $3,000 from the Liquor Control/Public Programs account; and credits to the Contingency Relief account, to return Contingency Relief funds from the Department of Liquor Control. Reference: Comm. 84 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-15 Vote on Res. 45-23: Ms. Galimba moved to adopt Res. 45-23 and Finance (Adopted) Committee Report No. 15. Seconded by Ms. Kagiwada and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Lee Loy —2. Excused: None. ACTING CHR. INABA: Resolution 45-23 is adopted. Res. 46-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT FOR SOFTWARE MAINTENANCE AND USER SUPPORT Authorizes the Mayor to enter into a five-year agreement with Ventiv Technology, Inc. with an approximate cost of$17,094 for the first year and a gradual yearly increase ending at approximately $19,239 for the final year, for maintenance and user support for the Department of Human Resources, Workers' Compensation Division. Reference: Comm. 85 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-16 Motion to Approve: Ms. Galimba moved to adopt Res. 46-23 and Finance Committee Report No. 16. Seconded by Ms. Kagiwada. ACTING CHR. INABA: I believe we have our Director of Human Resources Mr. Leopoldino in Hilo chambers if anyone has questions. Any discussion? If not, there's a motion on the floor. All those in favor, please say "aye." Page 40 Hawaii County Council-6 February 22,2023 Vote on Res. 46-23: The motion to adopt Res. 46-23 and Finance Committee (Adopted) Report No. 16 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Lee Loy —2. Excused: None. ACTING CHR. INABA: Resolution 46-23 is adopted. Mahalo, Director. Res. 52-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE LIONS CLUB OF KONA COMMUNITY FOUNDATION, INC., FOR EXPENSES RELATING TO ITS MAINTENANCE PROJECTS AT THE HAROLD H. HIGASHIHARA PARK Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 98 Intr. by: Ms. Galimba Motion to Approve: Ms. Galimba moved to adopt Res. 52-23. Seconded by Ms. Kagiwada. ACTING CHR. INABA: Council Member Galimba. MS. GALIMBA: As we all know, the Higashihara Park is a wonderful resource for our community. I would just like to ask for my fellow Council Members' support for this. ACTING CHR. INABA: Mahalo. Any further discussion? All those in favor of approving Resolution 52-23, please say "aye." Page 41 Hawaii County Council-6 February 22,2023 Vote on Res. 52-23: The motion to adopt Res. 52-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Lee Loy —2. Excused: None. ACTING CHR. INABA: The resolution is adopted. Thank you. Res. 53-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ORCHIDLAND NEIGHBORS FOR ITS FOOD BASKET DISTRIBUTION PROGRAM Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Research and Development, Agriculture, Other Current Expenses account. Reference: Comm. 99 Intr. by: Mr. Kaneali`i-Kleinfelder Vote on Res. 53-23: Ms. Kagiwada moved to adopt Res. 53-23. Seconded by (Adopted) Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Lee Loy —2. Excused: None. ACTING CHR. INABA: Resolution 53-23 is adopted. Page 42 Hawaii County Council-6 February 22,2023 Res. 54-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE GRASSROOTS COMMUNITY DEVELOPMENT GROUP TO INCREASE ACCESS FOR DISABLED PERSONS AT THE KURTISTOWN PARK Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 100 Intr. by: Ms. Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 54-23. Seconded by Ms. Galimba. ACTING CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. This park is not in my district, but it is a skate park that services people from Hilo as we are working on the skate park in Hilo. I definitely want to support increasing ADA (Americans with Disabilities Act of 1990) access to the park as well. So I appreciate all your support on this resolution. Thank you. ACTING CHR. INABA: Mahalo. With that, there's a motion on the floor. All those in favor of approving Resolution 54-23,please say "aye." Vote on Res. 54-23: The motion to adopt Res. 54-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Lee Loy —2. Excused: None. ACTING CHR. INABA: Resolution 54 is adopted. Page 43 Hawaii County Council-6 February 22,2023 Res. 55-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND MEDIATION, INC., FOR ITS PEER MEDIATION PROGRAM Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 102 Intr. by: Ms. Kimball Motion to Approve: Ms. Kimball moved to adopt Res. 55-23. Seconded by Ms. Kagiwada. ACTING CHR. INABA: Chair Kimball. MS. KIMBALL: Thank you, Chair. Just asking for everyone's support. I think folks are familiar with this program and this organization. I hope to have everyone's support today. Thank you. ACTING CHR. INABA: Thank you, Chair Kimball. Any further discussion? I'll be recusing myself on this resolution being that I'm a volunteer board member of this organization. All those in favor of approving Resolution 55-23, please say Ic aye. Vote on Res. 55-23: The motion to adopt Res. 55-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, and Villegas —6. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Lee Loy —2. Excused: Acting Chair Inaba— 1. ACTING CHR. INABA: Resolution 55-23 is adopted. Page 44 Hawaii County Council-6 February 22,2023 Res. 56-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HILO EDUCATION ARTS REPERTORY THEATRE TO PURCHASE EQUIPMENT AND SUPPLIES FOR ITS THEATRE PRODUCTIONS 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. 103 Intr. by: Ms. Kimball Motion to Approve: Ms. Kimball moved to adopt Res. 56-23. Seconded by Ms. Kagiwada. ACTING CHR. INABA: Chair Kimball. MS. KIMBALL: Thank you, Chair. I always love supporting this program and the productions that they put on. I'll put a little plug in for the prom. Tickets are on sale now. I hope for everybody's support for this program. Thank you. ACTING CHR. INABA: Thank you. Any further discussion? There being none, all those in favor please say "aye." Vote on Res. 56-23: The motion to adopt Res. 56-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Lee Loy —2. Excused: None. ACTING CHR. INABA: Resolution 56-23 is adopted. BILLS FOR The Acting Chair directed the Council to proceed to the next order of business, ORDINANCES Bills for Ordinances (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order.) Page 45 Hawaii County Council-6 February 22,2023 Bill 17: AMENDS CHAPTER 19, ARTICLE 12, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAX APPEALS Amends Section 19-100 and repeals Section 19-101 to make the $50 deposit required for each appeal by a taxpayer to the County of Hawaii Tax Board of Review nonrefundable. Reference: Comm. 68 Intr. by: Mr. Inaba Approve: FC-20 Vote on Bill 17: Ms. Kagiwada moved to pass Bill 17 on first reading and (Approved) adopt Finance Committee Report No. 20. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Lee Loy —2. Excused: None. ACTING CHR. INABA: Bill 17 is adopted at first reading. Bill 19: REPEALS CHAPTER 6, ARTICLE 2, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO DANCE HALLS Reference: Comm. 78 Intr. by: Ms. Kagiwada Approve: PCPLUD-3 Motion to Approve: Ms. Kagiwada moved to pass Bill 19 on first reading and adopt Policy Committee on Planning, Land Use, and Development Report No. 3. Seconded by Ms. Galimba. ACTING CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Just looking for your support to help clean up the Code that we're not using. It's pretty obsolete. Thank you. ACTING CHR. INABA: Mahalo. Any further discussion? All those in favor, please say "aye." Page 46 Hawaii County Council-6 February 22,2023 Vote on Bill 19: The motion to pass Bill 19 on first reading and adopt Policy (Approved) Committee on Planning, Land Use, and Development Report No. 3 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Lee Loy —2. Excused: None. ACTING CHR. INABA: Bill 19 is adopted at first reading. Bill 20: 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 —Clean Water Act 604(b) account ($49,600), and appropriates the same to the Clean Water Act 604(b) account. Funds would be used to complete a Wastewater Service Area Expansion Feasibility Study. Reference: Comm. 82 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-21 Motion to Approve: Ms. Galimba moved to pass Bill 20 on first reading and adopt Finance Committee Report No. 21. Seconded by Ms. Kagiwada. ACTING CHR. INABA: Any discussion? Council Member Evans. MS. EVANS: I'm not sure if we have anybody in either chambers to discuss this from the Department of Environmental Management. Do we have anyone? ACTING CHR. INABA: We did have Director Mansour but he had a meeting, and this is a companion measure to Resolution 44-23. MS. EVANS: Right. Well, if there's no one here, I would love to have the discussion, but they're not present. So I will pass. Thank you. ACTING CHR. INABA: Okay. Thank you, Council Member Evans. Council Member Galimba. MS. GALIMBA: Oh, sorry, no. Page 47 Hawaii County Council-6 February 22,2023 ACTING CHR. INABA: Okay. There's a motion on the floor. All those in favor,please say "aye." Vote on Bill 20: The motion to pass Bill 20 on first reading and adopt (Approved) Finance Committee Report No. 21 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Lee Loy —2. Excused: None. ACTING CHR. INABA: Bill 20 is adopted at first reading. Bill 21: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAII FOR THE PURPOSE OF FUNDING ALL OR A PORTION OF THE COSTS OF VARIOUS IMPROVEMENT PROJECTS; FIXES THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDES FOR THEIR SALE TO THE PUBLIC; AND AUTHORIZES THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE BONDS Authorizes the issuance of up to $127,500,000 in General Obligation Bonds to fund certain Capital Improvement Projects including: Construction of Hilo Wastewater Treatment Plant and other facilities; Public Works Repairs and Maintenance (Aupuni Center Roof and Emergency Communication Center); Parks and Recreation Repairs and Maintenance (ADA Compliance and Papa`aloa State Match); Sewer Pipe Replacement(Kilauea/Keawe Street); and Animal Control infrastructure. Reference: Comm. 83 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-22 Page 48 Hawaii County Council-6 February 22,2023 Vote on Bill 21: Ms. Galimba moved to pass Bill 21 on first reading and (Approved) adopt Finance Committee Report No. 22. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Lee Loy —2. Excused: None. ACTING CHR. INABA: Bill 21 is adopted at first reading. Bill 27: 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 Parks and Recreation Hilo Bayfront Trails Phase IIA —Federal project ($1,250,000) to the Capital Budget. Funds for this project shall be provided from Federal Grants Receivable and would be used to complete the remaining scope of Phase II, including construction of Americans with Disabilities Act compliant parking stalls and a connecting walkway for access to the path that runs from Kumu Street to Pauahi Street. Reference: Comm. 107 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Vote on Bill 27: Ms. Galimba moved to pass Bill 27 on first reading. (Approved) Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Lee Loy —2. Excused: None. ACTING CHR. INABA: Bill 27 is adopted at first reading. Page 49 Hawaii County Council-6 February 22,2023 ORDER OF The Acting Chair directed the Council to proceed to the next order of business, THE DAY Order of the Day (Second or Final Reading). (SECOND OR FINAL READING): (Note: Items in this category were taken up previously, out of order.) 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) First Reading: February 8, 2023 Vote on Bill 13: Ms. Kierkiewicz moved to pass Bill 13 on second and final (Adopted) reading. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Lee Loy —2. Excused: None. ACTING CHR. INABA: Bill 13 is adopted at second and final reading. 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, and would be used to construct water main improvements. Reference: Comm. 57 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: February 8, 2023 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Page 50 Hawaii County Council-6 February 22,2023 Vote on Bill 14: Ms. Kagiwada moved to pass Bill 14 on second and final (Adopted) reading. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Lee Loy —2. Excused: None. ACTING CHR. INABA: Bill 14 is adopted at second and final reading. 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) First Reading: February 8, 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: Ms. Kagiwada moved to pass Bill 15 on second and final reading. Seconded by Ms. Galimba. (Note: At this time, Mass Transit Administrator John Andoh came forward to address the members of the Council.) ACTING CHR. INABA: Any discussion? I do see we have Administrator John Andoh on Zoom if anyone has questions. Administrator, thank you for joining. Is there anything you feel you need to add at this time? MR. ANDOH: I just want to mention that these grants are important to help us in bringing our bus stops compliant and to also start the processes of building transit hubs. Page 51 Hawaii County Council-6 February 22,2023 ACTING CHR. INABA: Thank you very much and thank you for your continued work on seeking this funding. All those in favor of approving Bill 15 at second and final reading, please say "aye." Vote on Bill 15: The motion to pass Bill 15 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Lee Loy —2. Excused: None. ACTING CHR. INABA: Bill 15 is adopted. 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) First Reading: February 8, 2023 Vote on Bill 16: Ms. Kagiwada moved to pass Bill 16 on second and final (Adopted) reading. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Lee Loy —2. Excused: None. ACTING CHR. INABA: Bill 16 is adopted. REPORTS: The Acting Chair directed the Council to proceed to the next order of business, Reports. Page 52 Hawaii County Council-6 February 22,2023 (Note: Items in this category were taken up previously, out of order.) OTHER The Acting Chair directed the Council to proceed to the next order of business, BUSINESS: Other Business. (There were none.) ANNOUNCE- The Acting 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., Ms. Kagiwada moved to adjourn MENT: the meeting. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Lee Loy—2. Excused: None. ACTING CHR. INABA: Mahalo, everyone. This meeting is adjourned at 12:13 p.m. Council Approval: BAR 2 2 2023 COUNT ' RK JH/dg Page 53