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HomeMy WebLinkAboutMIN COUNCIL 2023-04-05 2022-2024 Hawaii County Council 91h Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii April 5, 2023 INVOCATION: Pastor Ron Brav of Calvary Chapel Hilo gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:01 a.m., in the Council Chambers, Hilo, by Ms. Heather L. Kimball, Chair. ROLL CALL: Present: Ms. Heather L. Kimball, Chair Mr. Holeka Goro Inaba, Vice Chair Ms. Cindy Evans, Member Ms. Michelle M. Galimba, Member Ms. Jenn Kagiwada, Member Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member Ms. Susan L. K. Lee Loy, Member Ms. Rebecca Villegas, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, County Clerk Jon Henricks led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions, MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (Note: At this time: EXPRESSIONS OF 1) Mr. Kaneali`i-Kleinfelder presented Certificates of Merit to the Kamehameha CONDOLENCE: Schools' boys' soccer team and wrestler Lainey Eckart for their HHSAA (Hawai`i High School Athletic Association) championship wins; 2) Ms. Lee Loy presented a Certificate of Merit to Wendy Botelho-Cortez for being a finalist for Remarkable Woman; 3) Mr. Inaba presented Certificates of Merit honoring the Hawaii Police Department and its Dispatch and the Hawaii Fire Department and its Dispatch for the 2023 First Responders Appreciation Weeks in Hawaii County; and 4) Mr. Inaba presented the April 2023 Haweo Award to Hamakua Patrol Officer Ellsworth Fontes of the Hawaii Police Department.) Hawaii County Council-9 April 5,2023 (Note: Following Mr. Kaneali`i-KI einfelder's presentation, the meeting went into recess at 9:19 a.m. and reconvened at 9:26 a.m. Following Mr. Inaba's presentation of the Haweo Award, the meeting went into recess at 9:49 a.m. and reconvened at 9:55 a.m.) STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Cory Harden: Bill 34 (Comm. 154), comment. (representing Sierra Club — (See Comm. 154.2) Hawaii Island Group) Toby Hazel: Res. 91-23 (Comm. 175); Res. 92-23 (Comm. 176); and Bill 33 (Comm. 153), comment. Timothy Rowan: Res. 91-23 (Comm. 175), in support. (representing Black Sands Beach Property Owners Association) John Olson: Res. 91-23 (Comm. 175), in support. (representing United States Coast Guard Auxiliary Flotilla 3-19) Amedeo Markoff: Res. 91-23 (Comm. 175), in support. (representing Mainstreet Pahoa Association) Philip Ong: Res. 91-23 (Comm. 175), in support. Dane duPont: Res. 91-23 (Comm. 175), in support. (representing Hawaii Tracker) Patti Pinto: Res. 96-23 (Comm. 180); and Bill 39 (Comm. 180), in support. B. J. Penn: Bill 230, Draft 2 (Comm. 1060.11), in opposition. (representing J.B.R. Enterprises, LLC) Page 2 Hawaii County Council-9 April 5,2023 Lorraine Shin: Bill 230, Draft 2 (Comm. 1060.11), in opposition. (representing M.S. Petroleum Corporation) Jay Penn: Bill 230, Draft 2 (Comm. 1060.11), in opposition. (representing M.S. Petroleum Corporation) Les Estrella: Res. 86-23 (Comm. 170), in support. (representing Going Home Hawaii) Nancy Cabral: Bill 230, Draft 2 (Comm. 1060.11), in opposition. (representing Day-Lum Rentals and Management, Inc.) APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Vote on Approval Ms. Lee Loy moved to approve the Minutes of March 8, of Minutes: 2023. Seconded by Mr. Inaba and carried by the (Approved) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Now, if we can go to business of the day, starting with our reports, please. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order: GOEAC-29 NOMINATION OF SCOTT F. MARTIN TO THE BOARD OF APPEALS (Comm. 142): Requires Council Confirmation by: April 15, 2023 (Section 13-4(k), Hawaii County Charter) Page 3 Hawaii County Council-9 April 5,2023 Vote on Ms. Lee Loy moved to adopt Governmental Operations and GOEAC-29: External Affairs Committee Report No. 29. Seconded by (Adopted) Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: The nomination of Scott F. Martin to the Board of Appeals is approved. GOEAC-30 NOMINATION OF THOMAS BROWN TO THE WATER BOARD (Comm. 143): Requires Council Confirmation by: April 15, 2023 (Section 13-4(k), Hawaii County Charter) Vote on Ms. Lee Loy moved to adopt Governmental Operations and GOEAC-30: External Affairs Committee Report No. 30. Seconded by (Adopted) Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: The nomination of Thomas Brown to the Water Board is confirmed. GOEAC-31 REAPPOINTMENT OF PALANI GREENWELL TO THE KAILUA VILLAGE (Comm. 144): DESIGN COMMISSION Requires Council Confirmation by: April 16, 2023 (Section 13-4(k), Hawaii County Charter) Page 4 Hawaii County Council-9 April 5,2023 Vote on Ms. Lee Loy moved to adopt Governmental Operations and GOEAC-31: External Affairs Committee Report No. 31. Seconded by (Adopted) Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: The reappointment of Palani Greenwell is confirmed. Thank you. GOEAC-32 NOMINATION OF TSING YOUNG TO THE KAILUA VILLAGE DESIGN (Comm. 145): COMMISSION Requires Council Confirmation by: April 16, 2023 (Section 13-4(k), Hawaii County Charter) Vote on Ms. Lee Loy moved to adopt Governmental Operations and GOEAC-32: External Affairs Committee Report No. 32. Seconded by (Adopted) Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: The nomination of Tsing Young to the Kailua Village Design Commission is approved. GOEAC-33 NOMINATION OF COLEMAN KEALOHA KA`OPUA TO THE KAILUA (Comm. 146): VILLAGE DESIGN COMMISSION Requires Council Confirmation by: April 16, 2023 (Section 13-4(k), Hawaii County Charter) Page 5 Hawaii County Council-9 April 5,2023 Vote on Ms. Lee Loy moved to adopt Governmental Operations and GOEAC-33: External Affairs Committee Report No. 33. Seconded by (Adopted) Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: The nomination of Coleman Kealoha Ka`opua is confirmed. GOEAC-34 NOMINATION OF REBEKAH LUSSIAA TO THE KAILUA VILLAGE (Comm. 147): DESIGN COMMISSION Requires Council Confirmation by: April 16, 2023 (Section 13-4(k), Hawaii County Charter) Vote on Ms. Lee Loy moved to adopt Governmental Operations and GOEAC-34: External Affairs Committee Report No. 34. Seconded by (Adopted) Ms. Villegas and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: The nomination of Rebekah Lussiaa to the Kailua Village Design Commission is confirmed. GOEAC-35 NOMINATION OF BRONSTEN KOSSOW TO THE KAILUA VILLAGE (Comm. 148): DESIGN COMMISSION Requires Council Confirmation by: April 16, 2023 (Section 13-4(k), Hawaii County Charter) Page 6 Hawaii County Council-9 April 5,2023 Vote on Ms. Lee Loy moved to adopt Governmental Operations and GOEAC-35: External Affairs Committee Report No. 35. Seconded by (Adopted) Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: The nomination of Bronsten Kossow is confirmed. I just want to take a moment to thank any of our nominees that were either present in Kona or here today, and of course our representative from the Mayor's office, Pomai Bartolome. Thank you for being here today. We appreciate it. We're going to take just a couple of items out of order, starting with Bill 33. Bill 33: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2023 Appropriates revenues in the State Grants —Senior Activities account($100,000) and the State Grants —Senior Activities Program Income account($15,000); and appropriates the same to the Senior Activities account($100,000) and the Senior Activities Program Income account($15,000). Reference: Comm. 153 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-31 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 33 on first reading and adopt Finance Committee Report No. 31. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Thank you. I know we have joining with us folks from our Administration and different departments. Mr. Farr was able to give us a good explanation of this funding, the source, and how to use and why we have existing contracts, and a plethora of other information. And then he also followed up with me regarding some of my questions in a meeting in my office. So I have no further questions regarding this bill. I look for everyone's support. Thank you. CHR. KIMBALL: Thank you, Council Member. Any other discussion on this item? All right, seeing none, all those in favor of adopting Bill 33 at first reading, please say "aye." Page 7 Hawaii County Council-9 April 5,2023 Vote on Bill 33: The motion to pass Bill 33 on first reading and adopt (Approved) Finance Committee Report No. 31 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kagiwada— 1. Excused: None. CHR. KIMBALL: Bill 33 is adopted at first reading. We're going to now move to take Bill 230 out of order as well. Thank you. Bill 230: PROVIDES FOR THE ESTABLISHMENT OF THE COUNTY OF HAWAII (Draft 2) DOWNTOWN HILO BUSINESS IMPROVEMENT DISTRICT NO. 2, AS (2020-2022) AUTHORIZED BY CHAPTER 35 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO BUSINESS IMPROVEMENT DISTRICTS Proposes the formation of a Business Improvement District to finance certain supplemental public safety, sanitation, landscaping, and maintenance services and infrastructure improvements in Downtown Hilo, to be funded by assessments on 313 commercial properties within the district boundaries at an assessed rate of $1.50 for every $1,000 of"Total Net Taxable Value" of each parcel of land, for a total estimated budget of$367,000 for the first operating year of the proposed Business Improvement District. Reference: Comm. 1060.11 Intr. by: Ms. Kimball Approve: FC-228 Postponed: November 16 and December 21, 2022, and March 8, 2023 Public Hearing: February 7, 2023 (recessed to February 24, 2023) (Note: There is a motion by Mr. Chung, seconded by Mr. Inaba, to pass Bill 230, as amended, on first reading.) (Note: Comm. 1060.27, from County Clerk Jon Henricks dated March 31, 2023, transmitting a report on the public hearing and protest results for Bill 230, Draft 2, was circulated.) CHR. KIMBALL: Thank you so much, Mr. Clerk. I'll pass it to Council Member Kagiwada at this point to give us the lay of the land for the next steps. Page 8 Hawaii County Council-9 April 5,2023 MS. KAGIWADA: Thank you, Chair. Sure. Just briefly, for all my colleagues here and anybody who might be listening, to just quickly go over again where this is since it's been taking a long time. And I want to just talk about how we got here and where it might go after this. In November, it was introduced in Finance Committee by former Councilman Aaron Chung. In December, we heard it in Council, first reading, and it was postponed in order to follow the steps dictated to us by Chapter 35 for the public hearing for the ability to collect protest votes. We had one hearing that was over two days in February, and the Clerk of the Council's office took the lead on that. They collected all the protest votes and were able to compile that into a report, which our Clerk will detail in a minute. But basically, where we are today is if and when we adopt this report is what we're hoping to do today. Basically, Chapter 35 says that at that point, no proceedings to create a district shall be undertaken again for a period of 90 days. So, at that point, that puts us close to the July 6h Council meeting, and at that Council meeting, we will have all of the choices we normally have for a bill to decide what to do. I think the intent there is to give the community a chance to kind of talk more about this and figure this out. If they want to proceed, obviously we've heard quite a bit of testimony saying that a lot of people do not want that. So, anyway, I want to turn it over to the Clerk to just talk about the report and then we can, hopefully if that's okay, Chair, have discussion or questions after the report. Is that okay with you? Okay. MR. HENRICKS: Thank you, Council Member Kagiwada. The Clerk's office submitted a report identified as Communication 1060.27. It essentially provides a recitation of the processes we went through to follow the requirements of Section 35-12 of the Hawaii County Code at 35-13. Of course, you were all present for the public hearing. You're very familiar with that. The public hearing process included a protest procedure where all landowners will be subject to assessment, including condominium owners in the CPR (Condominium Property Regime)were allowed to submit protests. That period ended at the adjournment of the hearing on February 24. We collected protests. We counted them up and the numbers are provided in the report that I referenced earlier that is before you today for your consideration. Chapter 35, under 35-13, provides two avenues for the protest to essentially create a halting period that Council Member Kagiwada mentioned, which is a 90-day period where the Council cannot proceed to establish this district. Those two methods are outlined in the report. Quite simply, there is a method where the number of protests for—you look at the value of the parcels of the land that have submitted protests. If that value is at least 51 percent of the total value of land that would be assessed, then the proceedings are to cease, and that was surpassed by I think it was 58.3 percent when you look at the value of land. Page 9 Hawaii County Council-9 April 5,2023 The other method to look at—it's not an "and"thing; it's an "or"thing—is just a simple majority of parcels that would be assessed with a fraction element for condominiums in the CPR. When we looked at that, we had 201.11 valid protests with a denominator of 313, which is some 60-plus percent. So that was also surpassed. So, under those two formulations, if you will, both were accounted for. Therefore, the report that is submitted to you recommends that the Council adopt the report and the findings of the Clerk's office that are twofold, essentially: First of all, under Section 35-12(c), that the Clerk's office provided more than reasonable efforts to provide notice of these proceedings and the opportunity for people to protest so the Council can proceed if it so desires how it desires. And secondarily, that the numbers that we're providing to you as far as protests, you're verifying those to be accurate and part of these proceedings. And, therefore, if and when you do adopt this report today, that would put this on hold with no further actions until July 6, which would be approximately 91 days from now. That's where we're at as far as that goes. If you have any questions about the report, I'd be happy to answer them now. CHR. KIMBALL: Thank you. I'll actually see if there's any questions first about process from the body, and then I believe we need a motion to adopt the report. Is that correct? MS. KAGIWADA: That's correct but can we also have any questions people have or comments people ? CHR. KIMBALL: Yeah, after we have the motion about the—so let's just ask questions about process, and then we'll take the motion to adopt the report and then have a discussion on the adoption of the report. So the details of the report. MS. KAGIWADA: Okay. Actually, I'd like to call Corp. (Corporation) Counsel to the table to make sure that we're doing that in correct order because we've had some discussion about this. MR. HENRICKS: Madam Chair, while Judge Strance is making her way up, I would be remiss and I want to be civil. I'm very thankful and gratitude for Judge Strance and also the Real Property Tax Division—Lisa Miura and Keita Jo—for helping guide us through this. It's a complex labyrinth of provisions. It's not the most easiest provisions to follow. I feel confident that we did a good job, but we wouldn't have been able to without excellent guidance from our Corporation Counsel and also our Real Property Tax Division. So I thank them very much. CHR. KIMBALL: Yeah, thank you, Mr. Clerk. Go ahead, Judge Strance. Thank you. Page 10 Hawaii County Council-9 April 5,2023 (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Good morning. Elizabeth Strance, Corporation Counsel. The Clerk's office is being modest. They really undertook a very thorough effort to provide notice and make sure that the calculations were correct. And there were a handful of people involved with it, that they really took the effort. I appreciated their diligence and thoughtfulness in the process. The Council's at kind of a unique crossroads for bills because you have a bill pending, and then County Code Chapter 35 has this carve out provision regarding protest. So the protest hearing took place kind of outside the normal meeting process on a bill. And so the Code—Chapter 35-13, I think, is the protest provisions—it provides that if you have the majority, as the Clerk described, it uses the words "the proceedings shall cease for a period of 90 days." And so if the Council adopts the report, which is the recommendation, then the proceedings just cease. There is not a vote to postpone or anything like that. It's just a stop. And so it's a little bit unusual in that respect because usually you have a process to roll over bills. But the cessation provision itself acts as a continuance, but it is a little bit awkward. It took some looking through Robert's Rules because the Code in itself is not that helpful in providing that kind of granular analysis. But the process is that once the votes are counted, if there is that majority in which the—if the Council approves the report, that will trigger the 90 days' cessation period. And as the Clerk said, that would be at the July 6h hearing. CHR. KIMBALL: Thank you, Judge Strance. Council Member Kagiwada. MS. KAGIWADA: Yeah,just a clarification. If anybody wants to ask any questions or make any statements about this now, we need to do that before we adopt the report. Is that correct? Because then things cease. MS. STRANCE: Correct. For this body, as a body, yes. MS. KAGIWADA: Right. So that was just my clarification, Chair. If anybody wants to make comments or ask questions, we need to do it before we adopt the report. CHR. KIMBALL: Go ahead, Council Member. MS. LEE LOY: Yeah,process-wise because I do have questions about the report. And so my question actually is, do we motion the report in and then have that discussion? Or do we do that right now? Page 11 Hawaii County Council-9 April 5,2023 MS. STRANCE: Once the motion on the report is made, then you can have discussion about the report. I think what Council Member Kagiwada is concerned about is that if you adopt the report, this body can't talk about the bill anymore, or at least until July. CHR. KIMBALL: Thank you. Council Member Inaba. MR. INABA: Yeah,just process-wise. So the 90-day hold is just a provision of the Code that says we can't talk about it. I'm just wondering what the point is. If we got 58 or whatever percent in opposition, it's just a 90-day hold? MS. STRANCE: The Code doesn't tell you why. My supposition is that it allows the community itself to determine whether it can coalesce around an idea that would you would have greater community support for the bill. This is a bill just like any other bill. I don't know how wise it would be, but the Council could choose to proceed with adoption of the bill despite community opposition to it. And so there is a huge component of this business improvement district. If it were passed, once it's passed it leaves Council and a corporation is created, and it operates independently of this Council. And so I believe that this 90-day period is for the community to decide whether they can coalesce around the ideas. There were things in the public testimony around objections to it. And so it really is, I think, a period for the community to work on it independently of the Council. That doesn't mean that, for example, Council Member Kagiwada could not go to a community meeting, but it does mean that this body just has to stop and allow any process to take place outside of it, and then it'll come back in July and proceed accordingly. That's what it is. The Code doesn't say if you have the 51 percent or a majority vote of protests that the bill dies. It is just information for the Council to consider along with the bill. MR. INABA: Okay. And then the 90-day hold is triggered, you folks are saying, if we approve the report. I'm just not seeing that in the Code. So what part of the Code says we have to approve? I'm just seeing if we get that 51 percent, the proceedings to create the district shall cease. MS. STRANCE: And then there's language "for a period of at least 90 days." We did have some discussion about whether the report itself,just a submission by the Clerk, triggers the 90 days. But there are also provisions within the Code that would imply that this body needs to affirm, essentially, or adopt the work of the Clerk. There's some provisions in the Code that if somebody came forward and they were upset with the method of County or something like that, that you folks would have a chance to consider it or find that the Clerk used their best efforts and adopt the report. So we thought it was more prudent to have this body adopt the report, and then that is the trigger of the counting that the votes are counted. Page 12 Hawaii County Council-9 April 5,2023 I don't disagree that the language of 13 is confusing. I'm not sure how much time we spent kind of testing out the provisions of it—it was quite a bit of time—and trying to fit it in with the rest of the Code. And I think what we ended up with is something that we all agreed to and fit within the overall chapter of Chapter 35. MR. INABA: And then just to confirm: So you said if we don't approve the report, we could continue with the bill today not that I intend or want that. MS. STRANCE: Don't you dare, no. I guess if this body didn't approve the report, it would depend, I think, on what it disapproved of. For example, we would have to look at what the reasons were, but the counting of protests is a required step in the process. MR. INABA: Okay, thank you, Corporation Counsel. Obviously in support of approving the report. I think, conceptually, the more I look at the business improvement district model, I think there could be some changes not to what's specific to Hilo but just the model of our County. If we had to vote on this today, I think I would vote "no"based on the community the majority input of property owners. But in the 90 days, maybe more could be ironed out. So I'll just leave it at that, I guess; approve the report and see everybody in 91 days, perhaps. Okay, thank you. CHR. KIMBALL: Thank you, Vice Chair Inaba. Council Member Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Betsy, what you just said is we can actuallyChapter 35 allows us to move forward even if it's against the community's will? MS. STRANCE: This is a bill and so the Council's prerogative is to move forward with a bill. It would be—well, the legal answer is yes. MR. KANEALI`I-KLEINFELDER: Wow. I wouldI mean, in these processes, I've always assumed that if the community comes back with a no, that's a no for us. It's interesting that that chapter actually allows the proceeding of a bill even if it's found the majority voted against the development of a business improvement district. That's interesting. Okay. Well, I think overall I appreciate that Mr. Chung started the conversation. I'm not sure if Jen feels the same way. But I thinkI mean, the overall purpose was to try and get a handle on what's going on downtown and in Hilo. So if this begins to bring together everyone and get them to the table and we start to find solutions with or without coming back in 90 days, then great. But I do applaud his and Ms. Kagiwada's efforts to try and do something to get a grasp on what we have going on in Downtown Hilo so that we can see the town we all want to see. It's our home. Page 13 Hawaii County Council-9 April 5,2023 I'll be supporting the community's votes. That's what makes sense to me. But I am just interested in that we would still be allowed, if we wanted to, to go against what the community was saying. That's an interesting twist. So thank you for looking into that. And I do appreciate the Clerk's office for their work here as well. I know it's a lot of notifications and hearings and such, so thank you. I yield, Chair. MR. HENRICKS: Madam Chair, I just think Mr. Kaneali`i-KI einfelder's question or perspective being common sense, but the Code clearly saysI'm not endorsing it—but it clearly says that after considering all of the protests and the General Plan and community development plans and things of that nature, the Council can proceed. So it's not an interpretation that Corporation Counsel doesn't have to really seek anything other than the plain reading of the County Code. So when you look at the protest procedure or process, when I looked at it, the distinct purpose is if a certain percentage or amount protests, the direct result is a 90-day hold. But the other part of that process I think is important. Unlike most legislation which might affect a small group of people or the entire County, this one affects a certain group of people much more than anybody else. And what that procedure requires is for the County to reach out directly to each affected person and notify them of what could happen, and to give them a chance to directly communicate back to us not just a"no"vote, but we also provide a space for comments to allow for that additional context so people could provide their specific concerns or desires to see things change. So I think that's a very important way of looking at that protest procedure, that it does more than just create the opportunity to put a 90-day pause on things. It's the requirement to work directly with the community that would likely be most affected, and I think that's important to note. CHR. KIMBALL: Thank you, Mr. Clerk. Council Member Evans. MS. EVANS: Thank you. My take on it, my perspective, is if this report was not shared publicly, especially with those that support the improvement district, this is clearly an opportunity, 90 days, for them to know where their community stands and maybe reach out, talk to all those that have protested. So I can see why the 90 days was added, personally. Because, I don't know if those results, unless you mailed it to everybody, maybe tomorrow on the newspaper's front page is when all the people in the improvement district will see the results. So I can see why there would have been time added just because it's another piece of information. And the ones that aren't here today—we don't have anybody here today supporting Bill 230, and I'm kind of surprised. I would think they would be here, too, today but they're not. So I kind of like the little extra time so everybody publicly understands where we're at on this. So anyway I really support that. Page 14 Hawaii County Council-9 April 5,2023 And, Chair, when the time is right, I'd like to ask a couple of questions of people that showed up today before we take the vote because I understand we can't ask anybody till after we take the vote. CHR. KIMBALL: If it's regarding the report, we will have to wait until the motion on the report is made. But I just wanted to make sure we exhausted any conversation about the bill, which is what's on the table right now. And the process, I did have one quick comment to make. Anyone else? Okay. Yeah, I just wanted to respond to Council Member Kaneali`i-KI einfelder's comment, and I think the Clerk mentioned the purpose of the report. But I think what it boils down to is that this body of nine is the only body that has the ability to vote "yes" or "no" on a bill. So, regardless of the fact of what the report says, we still have that. Now, as was indicated by Judge Strance and others, that would be unwise, but it's just a matter of the fact that we're really the only body that has the authority to do that, and that's why that remains an option but not a good one. With that, I will take the motion on the report. MS. KAGIWADA: Can I say a couple more things before that? Sorry. CHR. KIMBALL: Yes, go ahead. MS. KAGIWADA: Sorry. Just before we close all discussion until July, I just want to just a couple things that were mentioned by testifiers today. I think there's a big distinction between what is in Chapter 35 and what is in Bill 230, and what could be in a Bill 230 that's amended. I think those are very different things. We can't do anything that is not allowable in Chapter 35, but we can also put a lot more parameters around things. So if things like liens and bonds, things like that, are not desirable, we can certainly put that in the bill saying that that will not be allowed in a Hilo downtown BID (business improvement district), things like that. So I just want to say that hopefully because we do have a lot of energy and interest around this, and I heard some people talking about possibly working with the Downtown Improvement Association, which I think is a great possible solution, but just to think about if you, as you continue to meet, talk about this and lean in because, as several testifiers said, we do need improvements in the Downtown Hilo area. I think everybody can agree on that, that we'd like to see improvements for Downtown Hilo. So I just hope that we keep in mind that there's still this possible tool on the table to seriously amend the bill to be something that could be something that the community would be happy with, before July. And I'm here to work with the community around that if that's so desired. So thank you all for your input and time. I yield. CHR. KIMBALL: Thank you. Go ahead and make the motion, please. Page 15 Hawaii County Council-9 April 5,2023 Motion to Approve: Ms. Kagiwada moved to adopt the report contained in Comm. 1060.27. Seconded by Ms. Lee Loy. CHR. KIMBALL: So now we are onto discussing the report. I'll recognize Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. Yeah, great work. I just curiously could not figure out how you get to 201.11 valid declarations. Could you please explain that number? MR. HENRICKS: So if you look in Section 35-13, I think it's Subsection (c), it talks about how to treat condominiums in a condominium property regime. So there is a fractional element and essentially—for instance, we have Kukuau Plaza, which I think I believe there were 56 condominiums in there that were subject to assessment. And then you divide that by the total amount of—say we received "x" amount of protests for those 56. You divide it by the 56 and you come out with a number. We put that on the side. And there were three other TMKs (tax map keys) that were also CPRS. Performed that same exercise: number of protests submitted from those condominiums divided by the amount of condominiums there. We add those up and I got 1.11. So that 1.11 added to the 200 that were much more simple to calculate because they were for a particular parcel that was not a CPR. Then our denominator of the total was 313 because there's—it's those four CPR parcels and then 309 that are not CPRS. So then it was 201.11 divided by the 313, which gets you to 64.2 percent, correct, yeah. And I want tooriginally, we weren't looking at it that way as far as Kukuau Plaza and the others that were condominiums in a CPR. But I thank Judge Strance for having us take a second look and also just making sure that we were following the Code as closely as possible to what is intended. So I appreciate her secondary review of that and giving us confidence that that was the right way to view those protests and then to do those calculations. MS. STRANCE: Mr. Clerk, can you describe how you decided which were the units subject to assessment? Because there is a MR. HENRICKS: Sure. MS. STRANCE: So if somebody were to go look at how many units there are, they might come up with a different number than the Clerk, but there's a rationale for that. MR. HENRICKS: Some of those units are leased, or owned I should say, by either the State or another entity that then leases them out to nonprofits, and they would not be subject to assessment. And also we talked with Real Property Tax, and essentially some of those parcels, they don't tax. They don't have an assessed value due to their usage. And because they wouldn't have an assessed value, they Page 16 Hawaii County Council-9 April 5,2023 wouldn't be subject to assessment. And once we determine you're not subject to assessment, then you're not eligible to protest the formation. It's only those properties that would be subject to assessment. And if you'll notice, another part of the report talks about the total value of land not coming out to the same figure that's provided in the bill. And that's because we asked RPT (Real Property Tax)—Lisa Miura and Keita Jo to look at all of those parcels individually and say, "Does this match what's in the bill?" They said it doesn't. This is the number that the RPT got to. They said if the bill passes today, these are the figures that we would use and they don't align. So, with Corporation Counsel's guidance, it wasn't that hard of a decision to say, "Don't use what's in the bill. Use what the County would use if this were in effect today." So that's why there's a discrepancy in the total valuation of properties of what we use to make the calculation and what is provided in Exhibit C of the bill right now. MS. LEE LOY: Thank you. I learn something new every day. This was actually fascinating to exercise a muscle like this. Yeah, thank you for that information. I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Council Member Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you, Chair. This has been quite an enlightening process. We've got one business improvement district in Kailua-Kona, which seems to be working for that community. But it was great for, I think, this body to go through this process and really understand just how complex it is. And I think, in Council Member Chung's wisdom in recognizing the complexities and challenges that are being faced by the Downtown Hilo community, local businesses, he wanted to leverage a tool that the Council had in its toolbox to foster discussion. This tool may not make sense for all communities, but what I appreciated was how many folks came out during this protest opportunity to weigh in. Some members of the community were in support. Others neutral. Very clear opposition on the part of most small business owners. But what I think it has done is it's brought community together, and hopefully, we are going to think through what is the best solution. I'll be adopting the report today, and I just appreciate the leadership that's being extended by Council Member Kagiwada to work closely with the community to figure out what is the best solution. What makes the most sense for our community. So I've appreciated this process. It's kind of come up in Mainstreet Pahoa Association meetings. Going to tell them maybe we pump the brakes on this one. There might need to be some Page 17 Hawaii County Council-9 April 5,2023 refinement so that small businesses and property owners aren't feeling the burden and the weight of having to front all of the costs for a lot of these social issues. So thank you again for the opportunity. Chair, I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Any further discussion on the approval of the report? Okay, seeing none, I just want to weigh in and say, also, thank you, Clerk Henricks, and your team for all the work that went into this. I know that you wanted to make sure that we got this right: dotted all the "I's," crossed all the "T's." And having had discussions with you through the process, I know that a lot of work was put into it. Judge Strance, as always, thank you for your help in interpreting the correct process and the Code, as ambiguous as it is sometimes. And, of course, our friends over at RPT; I really appreciate their input and time on this. And I'll echo my colleague in just thanking the community that has come out and participated in this process. I have to say, as a Council Member, we always appreciate when the public comes out and shares with us their perspective. That's our job, is to represent you, and we are best able to do that when we actually hear from you. So we appreciate you making the time to be out here and to participate in this conversation. If there's no further discussion, I'll go ahead and take the vote on the approval of the report. MR. HENRICKS: Prior to that, I just want to be clear on what the adoption of the report, the results or the outcome of that, would be and it's twofold. The first is, Ms. Lee Loy kind of said it in my ear, it kind of certifies the results of the election, if you will, over the vote. I think that's an appropriate way to look at that. And then that would trigger that 90-day cessation period. But secondarily, it also finds that the Clerk's office did provide a reasonable effort to provide notice, which is an important part of the Code, too, to allow this process to move forward. So those are the two outcomes that would result in adopting this report, and I just want to get that on the record for certain. Thank you so much. CHR. KIMBALL: Thank you very much, Clerk Henricks. It's very important. All right. Seeing no further lights on, we'll go ahead and take the vote. All of those in favor of adopting the report provided for in Communication 1060.27, please say "aye." Vote on Report: The motion to adopt the report contained in (Approved) Comm. 1060.27 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Page 18 Hawaii County Council-9 April 5,2023 CHR. KIMBALL: The approval of the report is approved. Thank you. At this time, I will ask you to go to the top of the agenda,please. MS. STRANCE: Madam Chair, I would ask that two statements be made. One is the adoption of the report, which you've done, and that the proceedings shall be ceased. CHR. KIMBALL: Thank you. I will. Okay. So the report has been adopted. And because of that action, any further proceedings on Bill 230, Draft 2, have been ceased for 90 days. MS. STRANCE: And then it's the plan to place this on the calendar, then, July 6, which is at the conclusion of that period. CHR. KIMBALL: All right. Thank you. So this will return to the Council's agenda on July 6h. Thank you. All right, moving forward. Well done, everyone. Mr. Clerk, we'll go to the top of the agenda,please. Return to Order The Chair directed the Council to return to the order of business. of Business: ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 75-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF HUMAN SERVICES The Department of Environmental Management seeks to provide financial assistance through the Low-Income Home Water Assistance Program by applying direct credits into eligible participants' wastewater accounts. Reference: Comm. 152 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-30 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 75-23 and Finance Committee Report No. 30. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member, go ahead. MR. KANEALII-KLEINFELDER: We had discussion in Committees. I look forward to everyone's support. CHR. KIMBALL: Any additional discussion on Resolution 75-23? All of those in favor, please say "aye." Page 19 Hawaii County Council-9 April 5,2023 Vote on Res. 75-23: The motion to adopt Res. 75-23 and Finance Committee (Adopted) Report No. 30 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, and Chair Kimball —7. Noes: None. Absent: Council Members Kierkiewicz and Villegas —2. Excused: None. CHR. KIMBALL: Resolution 75-23 is adopted. Res. 78-23: 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 HALE MUA CULTURAL GROUP TO PURCHASE YEARBOOKS FOR EIGHTH GRADE STUDENTS AT KEALAKEHE INTERMEDIATE SCHOOL Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 158 Intr. by: Mr. Inaba Postponed: March 22, 2023 (Note: There is a motion by Mr. Inaba, seconded by Ms. Galimba, to adopt Res. 78-23.) CHR. KIMBALL: Mr. Inaba. Withdraw MR. INABA: Thank you. As we kind of get more clear on what is appropriate use Res. 78-23: of public funds, this didn't pass the test, so I'm going to be withdrawing the motion. But thank you to Corporation Counsel, too, for making sure that we're using our funds properly. Thank you. CHR. KIMBALL: Thank you, Vice Chair Inaba. Resolution 78-23 has been withdrawn. Page 20 Hawaii County Council-9 April 5,2023 Res. 84-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO EQUALITY HI TO ASSIST WITH PURCHASING FOOD FOR A YOUTH SUMMER THEATER CAMP Transfers $3,000 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. 168 Intr. by: Ms. Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 84-23. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: Thank you. This is an effort to make youth summer camp affordable, and also just really supportive of all-income children. So I hope that you will support. Thank you. CHR. KIMBALL: Thank you, Council Member Kagiwada. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 84-23: The motion to adopt Res. 84-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. CHR. KIMBALL: Resolution 84-23 is adopted. Res. 85-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO DOMESTIC VIOLENCE HURTS ANIMALS AND PEOPLE TO ASSIST WITH CONSTRUCTION AND DISTRIBUTION OF DOG SHELTERS Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 169 Intr. by: Ms. Kagiwada Page 21 Hawaii County Council-9 April 5,2023 Motion to Approve: Ms. Kagiwada moved to adopt Res. 85-23. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: This is kind of a little quirky one, but I think it'll be good for our community. They're looking to enlist support of high school students in doing some of this work and just get all the community involved. So asking for your support. Thanks. CHR. KIMBALL: Thanks, Council Member Kagiwada. Any additional discussion? MS. EVANS: Yeah, Chair. CHR. KIMBALL: Council Member Evans. MS. EVANS: I don't believe this is a conflict of interest, but I was on the board of this organization up till about a month ago where I resigned. And so I'm intimately involved with this, knowing about this project, and I really am very supportive of this idea. It's working with the high schools and teaching our youth how to build these dog shelters. But what they're going to do is try to recycle pallets. So they're going to go out and get the pallets because they're trying to teach recycling at the same time. But more importantly, they want to find families across the whole island that are struggling financially. They're hoping that dogs that are chained up all day and have no shelter, they're just on chains, because of the rain and the sun and the heat, they're going to try to identify—work hard to identity people that could use these shelters, too, and then they will deliver it to their homes. I think it's a fabulous program. And again, because I resigned a month ago, I don't think it's a conflict of interest, but I definitely am very supportive of this. CHR. KIMBALL: Great. Thank you. Council Member Evans, I don't think it's a concern either but I'll put it out to the body. Anyone have concerns about Council Member Evans voting on this idea? All right. Seeing none, all those in favor please say "aye." Page 22 Hawaii County Council-9 April 5,2023 Vote on Res. 85-23: The motion to adopt Res. 85-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. CHR. KIMBALL: Resolution 85-23 is adopted. Res. 86-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO GOING HOME HAWAII FOR ITS 2023 REENTRY SUMMIT Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 170 Intr. by: Ms. Galimba Motion to Approve: Ms. Galimba moved to adopt Res. 86-23. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Galimba. MS. GALIMBA: I'm sure most of you are aware of Going Home Hawaii, and we had Les Estrella in here earlier. So just wanting to support their work with justice-involved people and getting them back to being part of the community. So I ask for my colleagues' support. CHR. KIMBALL: Thank you, Council Member Galimba. Any additional discussion? Seeing none, all those in favor please say "aye." Vote on Res. 86-23: The motion to adopt Res. 86-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Page 23 Hawaii County Council-9 April 5,2023 CHR. KIMBALL: Resolution 86-23 is adopted. Res. 87-23: 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 ISLAND OF HAWAII YMCA FOR ITS FAMILY VISITATION CENTER Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 171 Intr. by: Ms. Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 87-23. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: Sure. We had the honoree here today, Wendy Botelho, who is head of the YMCA. Family Visitation Center is a really important part of the work they do, so I hope I can count on your support. Thanks. CHR. KIMBALL: Thank you, Council Member Kagiwada. Any additional discussion? Seeing none, all those in favor please say "aye." Vote on Res. 87-23: The motion to adopt Res. 87-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. CHR. KIMBALL: Resolution 87-23 is adopted. Page 24 Hawaii County Council-9 April 5,2023 Res. 88-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAMAKUA YOUTH FOUNDATION, INC., FOR THE 2023 HONOKA`A WESTERN WEEK FESTIVAL Transfers $5,000 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. 172 Intr. by: Ms. Kimball Motion to Approve: Ms. Lee Loy moved to adopt Res. 88-23. Seconded by Ms. Galimba. CHR. KIMBALL: With my colleagues' allowance, I'll just quickly mention this is an annual event—tradition for many years. You are all invited, of course, to attend. Michelle,please bring your horses; we'll do the parade. It'll be wonderful. Yeah, so just asking for support for this excellent community event. Any further discussion? MS. EVANS: A question. CHR. KIMBALL: Yes. MS. EVANS: It says the youth foundation. So does the youth foundation put the whole event on, or is there a specific ? CHR. KIMBALL: No. They're the fiscal sponsor. Yeah. MS. EVANS: Oh, okay. Thank you. CHR. KIMBALL: Any additional discussion? Seeing none, all those in favor please say "aye." Vote on Res. 88-23: The motion to adopt Res. 88-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball –8. Noes: None. Absent: Council Member Villegas – 1. Excused: None. CHR. KIMBALL: Resolution 88-23 is adopted. Page 25 Hawaii County Council-9 April 5,2023 Res. 89-23: 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 BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST THE BIG ISLAND INVASIVE SPECIES COMMITTEE WITH EXPENSES TO CONTROL MICONIA CALVESCENS IN HAMAKUA Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 173 Intr. by: Ms. Kimball Motion to Approve: Ms. Lee Loy moved to adopt Res. 89-23. Seconded by Ms. Galimba. CHR. KIMBALL: With my colleagues' allowance, I'll just quickly mention always supporting the efforts of BIISC (Big Island Invasive Species Committee) to identify and help deal with invasive species in our community. Miconia; we do know it well. Council Member Kierkiewicz, I see you nodding your head. We still have a chance to get ahead of it. So I'm happy to support their efforts to try to deal with this particular plant. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 89-23: The motion to adopt Res. 89-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Resolution 89-23 is adopted. Page 26 Hawaii County Council-9 April 5,2023 Res. 90-23: 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 MERRIE MONARCH FESTIVAL FOR EXPENSES RELATED TO THE 60TH ANNUAL MERRIE MONARCH FESTIVAL Transfers $18,000 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 174 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 90-23. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Lee Loy. MS. LEE LOY: Thank you. This is a big chunk of money right out of my contingency account, but a very worthwhile event. Really excited this year, as it's the 60'h annual and just bringing back all of the festivities. I'm actually really excited for all my colleagues this year because we'll all be here doing budget during the week of Merrie Monarch. So please take out your checkbooks, hit the craft fairs, all the good food booths, and walk through everything that Hilo has to offer during this time of year. I'm going to challenge my colleagues. I know we all are on social media to really activate aloha there; hashtag Merrie Monarch photos there. But, yeah, looking forward to all of it and the parade especially this year, bringing it back. So, looking forward to my colleagues' support. CHR. KIMBALL: Thank you, Council Member Lee Loy. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. Just wanted to quickly chime in and mahalo nui Council Member Lee Loy for her very generous contribution to supporting this year's festival. Hard to believe it's the 60'h annual. I know that it's going to be a very tender moment for folks that danced for Uncle Johnny. I danced for him when I was a youth and actually went back with Council Member Lee Loy to start dancing again. But a special shoutout to my legislative aide, Ku`uhiapo Jeong, who has danced for Uncle Johnny his entire life and will be performing with members of the halau on Wike night. So a very special tribute is being planned, and I just appreciate and love the fact that this incredible event is something that happens right here in our hometown of Hilo. Thank you, Chair. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Just a friendly chime in to just say it's such a wonderful event, and it's something that's Page 27 Hawaii County Council-9 April 5,2023 certainly—as a Hawaii County resident, I'm so happy that this is part of our community and our culture. So thank you, Council Member Lee Loy, for your generous support. I wanted to mention, I don't think you were here yesterday when we were talking, but we're all doing a contingent next year in the parade with horses that Michelle's going to bring. And Council Member Inaba volunteered to do the pooper scooper so we're all set. I'm going to just voluntold you to do—you're in charge of getting that set up for next year. So we want to represent our community well. Again, thank you for supporting this great cultural cause in our community. I really appreciate it. Any further discussion? All right, seeing none, all those in favor of adopting Resolution 90-23, please say "aye." Vote on Res. 90-23: The motion to adopt Res. 90-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Resolution 90-23 is adopted and you're allowed to join us in the parade as well. Just so you know. MR. HENRICKS: I think I'm the real pooper scooper, so I'm more qualified than Mr. Inaba perhaps, but I'm happy to join him in that role. We'd make a great team. Res. 91-23: STRONGLY URGES THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND THE HAWAII STATE LEGISLATURE TO ALLOCATE SUFFICIENT FUNDING TO RESTORE THE POHOIKI BOAT RAMP IN PUNA Reference: Comm. 175 Intr. by: Ms. Kierkiewicz Waived: GOEAC Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 91-23. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. Chair, I wanted to mahalo you and Committee Chair Evans for waiving this out of Committee and recognizing the sense of urgency and importance of this critical issue. It means a lot to me and my Page 28 Hawaii County Council-9 April 5,2023 community. But before I begin, I just would like for everybody to send prayers to our security guard at the Isaac Hale Beach Park, Pohoiki, area. He's the victim of a hit and run and was medevacked to Queens last night. As security down there, he often goes and checks on the road to make sure that there's no funny business happening in the cars. It was very tragic that he was hit and likely dragged by a vehicle. And so just hearts and prayers to him and his `ohana at this time. Thank you. We're coming up on the fifth anniversary of the eruption in May, and my heart continues to break for my community. Folks that have been on the Council with me for a number of years, we've had a lot of conversations about Puna's recovery. Our community is still in recovery mode, and a critical component of that is restoration of our boat ramp. And I want to appreciate efforts that have been made by our State delegation to introduce bills this session that would allocate funding to restoring the boat ramp. We have an excellent recommendation and report that's been put forward by Limtiaco Consulting Group, headed by John Katahira, who has worked so diligently with community members, hand in hand with lawai`a lineal descendants, Puna residents, the County, to really hone in on potential solutions. And several were put forward: a temporary dredge; a larger dredge with some, they call it, slope stabilization; very intrusive jetties, which I think would really just alter the makeup of our bay there. But the lawai`a spoke very strongly about "restore what we had." The boat ramp is still there, and the commitment by the County to restore Pohoiki Road just makes sense for us to invest our time and energy in restoring the bay to pre-eruption conditions. And so bills at the Leg. (Legislature) have stalled, and I've been asked to make sure that our legislators know that this is a very important project for Puna and our Hawaii Island community. We want our icebox back. We really do. So many folks have fed their families fishing out of Pohoiki's waters. And so the impetus of this bill is really to put forward that a solution has been identified. Again, no bills have advanced on the State side, but there is still time to ensure that this money, the 40 million, which is what the consultant is recommending it's going to cost to restore the boat ramp, that it's included in the State's budget as a line item. And to this day, there's been no formal commitment by our Federal partners for disaster recovery money. But there's still time and I think now is the time to act with a sense of urgency considering a proposal has been put forward. And so I just would like to ask my colleagues to kindly consider supporting this resolution. I appreciate everybody that's come out to testify. I think a couple of our testifiers hit the nail on the head when they said folks aren't coming up because they're tired. I think we're all tired and we want action, but we can't give up. We have to make sure that we are still advocating, and I'm still here fighting for my community and making sure that we have access back to our water. So just encouraging everybody for their support today. Thank you, Chair, I yield. Page 29 Hawaii County Council-9 April 5,2023 CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Any other discussion? Council Member Kagiwada. MS. KAGIWADA: I just want to say I'll be enthusiastically supporting. And to just let you know, Council Member Kierkiewicz and other people here, when we are trying to work and move the State and the Feds on some of these things, please reach out so that we can help in any way we can with calls or letters. So would love to help any way I can. Thank you. CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I'll be supporting this resolution today. The testimony was pretty clear. It's unfortunate that some of the members in the State don't understand the importance of the harbor and the boat ramp and what we've lost. I mean, you shouldn't have to put this resolution forward, honestly, and they shouldn't need a reminder of what they've lost. I know our representatives from our district are working hard to get that money and it's been their priority. And I cannot stress enough the importance of this to the community. And I think it was Mr. duPont saying they just don't want to come in anymore. And when you see the community get to that level where testimony just isn't felt to be worth its while, that is a clear message back to us and to the State and to the Feds that we are failing. Because if the community gives up and they don't want to testify anymore because they've given up, then we have failed. At the back end of that, there's promises that were made for different things in Puna that are 30-plus years old that have never been fully kept. And so I hope that the State and the Feds are listening and they understand that we have a history in Puna of making promises and not fulfilling, and this cannot be one of them. So I'll be supporting this today, and I hope that it does carry some weight with our State and Federal partners. Thank you. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Council Member Evans. MS. EVANS: Thank you, Chair. From my personal experience at the State Legislature when this came up, I think there was some confusion at the time on do you repair the boat ramp and turn it into a place, and I think people wanted that. One message was "a place for the children and the families just to enjoy it,"but there were problems in terms of making sure the depth was correct and did they need it for boats. So there was always a confusion. If it's for boats and fishing and you need to dredge it, like you said, maybe put up a jetty so that you get it back to a hundred percent of what it was, that it was going Page 30 Hawaii County Council-9 April 5,2023 to be a really expensive proposition. And within the Department of Land and Natural Resources, which is the lead agency, they were looking at do we put that kind of money and get it back to exactly where it was, and the price tag was so huge that theyI believe they were reluctant because it was so huge. So then the question was, "Well, can we bring it partially back?" And I believe that you did have leadership in the State Legislature on having some town meetings to try to figure out was there a compromise, at least from my perspective, was there a compromise position. Let's get the boat ramp back, but would it ever get back to what it was? So do we get it 50 percent back to what it was or 100 percent? And there was always this kind of how far are we going to go. Because every time you went farther, it was getting really expensive. And I believe the consultant—whatever the consultant did, I would love to see that report because maybe the report does have multiple options of: maybe bring it back to here, maybe bring it back and put a pier out, make sure boats get in, what level of boats, how deep is the hole. What is it—does the depth have to be 20 feet down or ? All those things get worked out by your consultant. It'd be curious to see if the consultant allowed for variations there. And then did that consultant—and I'm sure you were there—did the consultant and the community look at all the different options and the price tag and say where were they at on the meter? I mean, did they want it all the way or not all the way? It's a really tough lift at the Leg. when it's a huge price tag, but I think this is really good what you're doing. I think the timing is perfect to get this in front of them right now. When they're negotiating the two sides are now negotiating where they want to put the the Senate is negotiating with the House on where they put the money, but we have new players in town and that's the head of DLNR (Department of Land and Natural Resources) and the Governor. So whatever happens here, I'm hoping it advances and there's money put in it. But if not, I think we need to get the new Governor and the new head of the Department of Land and Natural Resources, we need to bring them out, invite them to your community. I'd love to be there and help you support that if that's what you've got to do. Bring the new people on board. They've got to step up and help this community. Anyway, good luck. I hope something happens for you. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. This one's close for me, too, because I think the work that myself, Council Member Kierkiewicz, and at that time I think it was Council Member Richards, who's now our Senator, went to the Leg. to get money after the lava flow. And here we are five years later still pushing them to do this work. I think, for me, I wholeheartedly support this resolution. Page 31 Hawaii County Council-9 April 5,2023 What the Legislature isn't feeling is how not only the boat ramp's closure for our Puna residents but how it's bowing out our resources, specifically ocean resources, in my district. They don't have any place to go. They don't have places to take their keiki to go swimming, fishing, whatever it is, and they're coming in to Keaukaha because that's the closest ocean recreation that they can get to. And so when we talk about resources and the price tag for dredging this boat ramp, I'd like to put together a list of resources that the County is shouldering with the overburdening of our beach parks in Keaukaha to demonstrate back to the Legislature why this is so critically important to get done. On top of which, and I'm glad Council Member Evans brought this up, we do have a new director at Department of Land and Natural Resources. And I have had a number of conversations already with her as it relates to Banyan Drive, and actually have her, and if it's okay with you, Ms. Kierkiewicz, scheduling a meet with her when she comes out. I would love for both of us to take her out to Pohoiki to show her how this failure on the part of Department of Land and Natural Resources is impacting all of East Hawaii. I share that because, as Ms. Kagiwada mentioned,when we start championing ideas and resources and funding, I think we have to really fill out and color in what is really going on for our members at the Legislature so they get a clear picture. It's not just a$40 million ask. It's a whole lot more. Just food for thought for members of the dais: DLNR is sitting on a $20 million fund balance that they didn't spend already. And so I'm a little frustrated when we have to beg for money when they've got it and they're not spending it. Ms. Kierkiewicz, in wholehearted support of this particular resolution and anything we can do to continue to champion the needs of not only the boat ramp but all of the other projects that have to happen here on the Big Island. I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I just wanted to respond. Council Member Lee Loy, you're getting me really excited right now because DLNR is upsetting me in so many ways. I just don't want to go there, but happy to meet with the new chair and enlighten her around not just the issues that we're facing in Puna, but around Hawaii Island. Council Member Evans, you had mentioned you asked a number of things about community meetings. We've had community meetings. We've had to convene community meetings as a County because DLNR was not acting. And this boat ramp, it's not our kuleana but we are one community. And so there was a direct need to provide leadership and direction because this is such a critical asset. And Page 32 Hawaii County Council-9 April 5,2023 so you bring up the need to compromise. Folks want a safe swim area. We've been able to navigate boaters, swimmers. There were a few close calls, but all of that is being taken into consideration. While this is a huge ask, the beauty of this ask is we can get reimbursed by FEMA (Federal Emergency Management Agency) for up to 75 percent. So while the price tag is 40, the State fronts the cost. They'll get reimbursed once the project is done. So we're just asking them to make that initial commitment and front the bill. And, yes, it is expensive but there's a huge cost if we don't act. Folks are going to lose their livelihoods. We're not going to be able to access the ocean for a number of things: ocean tours, commercial services. What if there's a need to deploy emergency boaters because there's folks out in distress? This is a critical asset that we have to restore. And so this is something that I'll be taking not just to State partners, but I've been in close communication with Senator Schatz's office and the Gov's (Governor's) policy advisor so that they're aware that Hawaii County is really championing making sure that we get this funding to restore the boat ramp. And I will be calling on you to call in your contacts, and appreciate your advocacy for this too. Appreciate the latitude, Chair. Thank you. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Any additional discussion? MS. EVANS: Chair, may I add(inaudible)? CHR. KIMBALL: Go ahead, Council Member. MS. EVANS: There are some fishing associations across the island that do the whole State, and they lobby at the Legislature. They might be another potential advocate for you because you're right. It is about commercial shipping. It's about livelihoods, subsistence, I mean all of that. And so I would think it would be nice to get them on your side because they have a presence at the Legislature. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Any other discussion? I just had a couple really quick questions for you, Council Member Kierkiewicz, and just only for my clarification. Is there nothing in the budget at all at the State level right now? MS. KIERKIEWICZ: Not that I'm aware of. Bills that were being advanced, no more discussion. CHR. KIMBALL: Okay, but there's not even a line item in their budget (inaudible)? Page 33 Hawaii County Council-9 April 5,2023 MS. KIERKIEWICZ: Not that I've seen. CHR. KIMBALL: Okay. The report that was proposed by the consultant, was there any sort of phasing indicated in there, like you could do half now and half next year? Or was it like you needed the 40 upfront to guarantee the project would be ? MS. KIERKIEWICZ: There is no phasing. We have to stage all of the excavation equipment and all of that and get all of the sand out of there and stockpile all at one time. CHR. KIMBALL: Thank you for that clarification. And I'm also happy to support this resolution today. It's kind of funny. We were just hanging out with my paddle sisters. When we paddle, we always sit around and talk about all the great races we ever had. And we were actually talking about, oh, we remember Pohoiki and that race from there, and we were just kind of heartbroken that we can't do it(inaudible). We can't get out anywhere down there to go do that sort of thing. So, happy to support that. I do see we have our Deputy from Parks and Rec. (Recreation) here. Anything you want to say on this since it's adjacent to a Parks and Rec. facility? I know you're here for another item, but if you want to say anything on this? No? You're good, okay. Thank you. All right, we'll go ahead and proceed with the vote. All of those in favor of adopting Resolution 91-23, please say "aye." Vote on Res. 91-23: The motion to adopt Res. 91-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Resolution 91-23 is adopted. Res. 92-23: SUPPORTS LEASE REFORM AND WATER INFRASTRUCTURE FOR AGRICULTURAL PARKS Supports funding to determine water infrastructure feasibility at Pana`ewa Agricultural Park and ensuring farmers have access to long-term agricultural parks leases. Reference: Comm. 176 Intr. by: Ms. Kierkiewicz Waived: GOEAC Page 34 Hawaii County Council-9 April 5,2023 Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 92-23. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I just wanted to rally support in my capacity as Committee Chair for policy, land use, and development. There are a couple of bills in the Legislature that would have an impact on our island's agricultural system. The first is (House Bill) 1182, which would appropriate funding to the Department of Agriculture. There is a need to basically, if you want water, you have to do an EIS (Environmental Impact Statement). And when you think about the profit margins that our farmers are making, that is a tall order. And so this would be directing funding to the Department of Agriculture to do an environmental assessment to understand water feasibility for farmers that are there. This bill is still alive, and so I'd like for our Council to be able to signal support. And I know this park is in Council Member Lee Loy's district, but I think we have some farmers here on the Council as well. I think we all understand the importance of supporting our farmers that are currently actively producing. The other is related to a measure regarding agricultural park leases. This was something that actually passed the Legislature last year, but the Governor, I don't know why, had vetoed this particular measure. It would allow for farmers that currently hold agricultural leases, if they have 15 years or less left on their term and if the lot is less than 25 acres, they would have the ability to negotiate a lease extension. And this is really important because you can't just uproot your ag (agriculture) operation. It's not feasible. And so we have a lot of farmers that want to continue farming, and this would provide them assurances to make investments to ensure that their lands are still in full production. So just looking for everyone's support on this. Just looking at Pahoa Agricultural Park on the website, DOA (Department of Agriculture) is advertising that there are currently ten vacancies. So there are open lots available. Beyond that, there's also a lot of lots that are currently being leased that are not being used because of the infrastructure. To doze to put in water, so cost-prohibitive. So we want to make sure that we are supporting folks that are actively producing, and then also work with the Department of Ag to find ways how we can make it easier for folks that are interested in farming to get into that business. Thank you, Chair, I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Any additional discussion on this resolution? Council Member Lee Loy. MS. LEE LOY: I want to thank Ms. Kierkiewicz for pushing this. I think all of us are tracking all kinds of things at the Leg., and just sometimes there's not Page 35 Hawaii County Council-9 April 5,2023 enough hours in the day. And I think what I really appreciate about this resolution and its identification of the two bills, I feel like there's this huge disconnect of the decision-makers within the various agencies when we talk about farm and farm-to-school, and Hawaii Island being the breadbasket. There is that piece and everybody's championing that part, but then when we try and get the farmers to stay on their property or continue with the investment of it, there's this kind of clunkiness about it. And so I just feel like we have these goals to be food sufficient here, but then there's these mechanics. So I really do appreciate this resolution. And hopefully, the thought process of how we achieve our goals for those things kind of filters down into the workings of the lease and making those properties viable. So thank you for advancing this. I will be in support. CHR. KIMBALL: Thank you, Council Member Lee Loy. Council Member Galimba. MS. GALIMBA: I definitely will be supporting this resolution, and I want to thank Council Member Kierkiewicz for bringing it forward. I guess just to—and from my experience of being on the Board of Agriculture, as far as the lease part, I think it's a good thing. But I guess,just to sort of give a little bit more nuance to it, there's—it's sort of a case-by-case basis because there are actually cases where people kind of just sit on their lease and they don't actually use it but they just kind of sit there. And so that kind of keeps other people from being able to get the lease and do something with it. But I think on the unbalance, I think it's more important to help the good ones than to sort of make the good ones pay for the bad ones, right. So I think that's possibly why it got denied last term, but hopefully, it will be approved this year. Thanks again. CHR. KIMBALL: Thank you, Council Member Galimba. Any other discussion? Seeing none, all of those in favor of adopting Resolution 92-23, please say "aye." Vote on Res. 92-23: The motion to adopt Res. 92-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball–9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Resolution 92-23 is adopted. Page 36 Hawaii County Council-9 April 5,2023 Res. 93-23: 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 MEN OF PA`A FOR A REIMBURSEMENT OF EXPENSES RELATED TO THE 2023 BRUDDAH KUZ YOUTH JAMM EVENT Transfers $2,500 from the Clerk-Council Services –Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 177 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 93-23. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Key word in the resolution title is "reimbursement," and I know that we've had a lot of back and forth by this body on whether we can or should be reimbursing for events that have already taken place. This request—this whole event, actually, was organized very quickly by Men of Pa`a with some youth leaders here at the County. And there was a need for some financial support, and so the request was made about a month ago. And so I checked in with Corporation Counsel about whether or not we could process this request because the next possible Council meeting where we could hear and make a determination on the resolution is a few days after the event. Corporation Counsel and Council Chair agreed that we could hear this resolution, given that I had provided funding and approval for this event prior to it taking place. So just asking everyone for their support on this measure as we work to update and refine our Code as it relates to expenses coming out of our contingency funds. That being said, this was an awesome event. I appreciate all of the community partners that came out to support our youth, and a special shoutout to Iopa Maunakea, Rick Parrish, Hokulani Fortunato, and Malia Olani for really working hard to pull this event together and create a safe and welcoming environment in Pahoa Town. Thank you, Chair, I yield. CHR. KIMBALL: Thank you. Any further discussion on this resolution? Seeing none, all those in favor of adopting Resolution 93-23, please say "aye." Page 37 Hawaii County Council-9 April 5,2023 Vote on Res. 93-23: The motion to adopt Res. 93-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Resolution 93-23 is adopted. Res. 94-23: AUTHORIZES THE ACCEPTANCE OF A DONATION OF A SOD CUTTER TO THE DEPARTMENT OF PARKS AND RECREATION The donation from West Hawaii Veterans Cemetery Development and Expansion Association, with an estimated value of$6,400, would be used for maintenance of the West Hawaii Veterans Cemetery in Kailua-Kona. Reference: Comm. 178 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 94-23. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. We do have the Deputy Director here with us in chambers who's been waiting very patiently. This resolution and the next were both waived to Council to expedite the process. If there are any questions, she is here to answer them. I yield. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Any questions for our Deputy Director from anyone? Thank you, Deputy, for being here. We appreciate your patience with us and, you know, we're fun to hang out with. So it wasn't a total waste of a couple of hours. Oh, look, Deanna is agreeing. Yeah, so, thank you. Thank you both. All right. With that, we'll go ahead and take the vote. All of those in favor of adopting Resolution 94-23, please say "aye." Page 38 Hawaii County Council-9 April 5,2023 Vote on Res. 94-23: The motion to adopt Res. 94-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Resolution 94-23 is adopted. Res. 95-23: AUTHORIZES THE ACCEPTANCE OF A DONATION OF EIGHT BENCHES TO THE DEPARTMENT OF PARKS AND RECREATION The donation from an anonymous benefactor, with an estimated total value of $28,000, would replace deteriorating benches at Lili`uokalani Gardens in Hilo. Reference: Comm. 179 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 95-23. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Mahalo, Chair. This is fairly straightforward. Again, Deputy Director is here. This is, I think, maybe a little more interesting than a sod cutter, and I'm actually really excited to see these get installed. There was a fairly large donation, the $28,000, from the anonymous benefactor, whoever they may be. I'd like to mahalo them if they are watching, and I look forward to seeing these be installed at the gardens. A lot of the ones that we do have are not in the best shape, but I'm sure these will be absolutely gorgeous. Thank you for your work on this. I appreciate it. I yield. CHR. KIMBALL: Thank you, Council Member. Council Member Lee Loy. MS. LEE LOY: Thanks. Happy to support. Just so lucky that that park is in the district that I represent. But what's really unique about these benches is the polished gray stone. It matches so much of the other stuff that's going on in that park as it relates to a Japanese garden. And so really want to mahalo that anonymous benefactor. Thank you, I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Council Member Kierkiewicz. Page 39 Hawaii County Council-9 April 5,2023 MS. KIERKIEWICZ: Thank you, Chair. I don't know what Council Member Kaneali`i-Kleinfelder is talking about, but sod cutters are pretty sexy you know. No, but then just wanted to appreciate and recognize the generosity in our community, to make sure that we have features that are installed so that our community feels like it's a welcoming and inviting space. And appreciate that equipment so that our hardworking park caretakers have what they need to maintain facilities, most especially our cemeteries. So thank you for helping to facilitate these donations. Thank you, Chair, I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. All right. Thank you again to both of our donors for both of these items. Really appreciate it, as Council Member Kierkiewicz put it so nicely. So we'll go ahead and move forward with the vote here. All of those in favor of adoption of Resolution 95-23 please say "aye." Vote on Res. 95-23: The motion to adopt Res. 95-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Resolution 95-23 is adopted. Thank you, Deputy, for being here. Come any time. It was worth the time. Res. 96-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF ACCOUNTING AND GENERAL SERVICES Allows for the receipt of$100,000 for the convening of a working group to examine and address the challenges of infrastructure repair and maintenance in planned housing subdivisions that do not have compulsory homeowner associations. Reference: Comm. 180 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 96-23. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. Page 40 Hawaii County Council-9 April 5,2023 MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Before we get too far, I'm in total support of this resolution, but I have to ask Corporation Counsel a question on the record. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MR. KANEALI`I-KLEINFELDER: Thank you, Ms. Strance. Just for everyone's information, I am actually on this working group as the Chair. I was appointed by Ms. Buenaventura, our Senator, and I just want to make sure that I do things correctly. This is a tremendous opportunity for our community. But as a Council Member who is sitting on the working group, I don't know if I should be necessarily voting to bring funding to the working group and then make decisions on what to do with that funding. MS. STRANCE: It would probably be safer to recuse yourself. If it's a legislatively-appointed working group, there's some question about whether those create conflicts or not. But if it's not a close vote, it'd probably be safer just to recuse. MR. KANEALI`I-KLEINFELDER: Thank you. Appreciate that. With that in mind, I will be recusing myself. I would like to say a few things. We did have a first meeting, and it was actually very informative. There's a number of people on the group that are very proficient in their own fields. And then, as well, we have members of our State Legislature and different folks from the community. And I think it'sI mean,just within the first meeting, we made some really good progress. I'm looking forward to seeing what happens at our next meeting. I would ask for everyone's support on this. This is—it's interesting. It's definitely worth looking into if you're not aware of what this is or what the enabling legislation is or what the history is. But I look forward to everyone's support. I yield, Chair. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Council Member Kagiwada. MS. KAGIWADA: Thank you so much. I actually don't know a whole lot about this and I was just wondering. A hundred thousand dollars for a working group. What kind of large expenses does a working group have? MR. KANEALI`I-KLEINFELDER: I will answer in lieu of probably someone who created the bill at the State answering your question better. Right now, the funding is being moved to the County in the event that there should be expenditures. The purpose of the working group is to look at the way our private subdivisions which do not have mandatory road dues are functioning, which involves anywhere from how they take care of their roads to what their bylaws are. There's a lot of different characteristics of each community that are different Page 41 Hawaii County Council-9 April 5,2023 and unique and cause their own set of problems and challenges down the line. So the working group is tasked to look at all these different challenges and find solutions, whether it be legislative, whether it be individual bylaws that each community has. And then once those findings have been established, report back to the State with the report. And if there should be the need for funding to do further work or legal work or legislative work, then those funds would be there. For now, we've kind of decided, as a group, we can have meetings via Zoom. It doesn't cost anything to have a meeting. It's just our time and we're the representatives for the area. So it makes sense. And the want is to keep the funds there should we need them in the future for doing some further work to look into how to find ways forward upon the findings of the group. Hope that helps. MS. KAGIWADA: So the money for the working group is not actually for the working group to do its work. It's for potential actual things that you need to do that come out of that? MR. KANEALI`I-KLEINFELDER: Correct. MS. KAGIWADA: Okay. Thank you. And then can you just explain a little bit about are there just a few subdivisions that meet this criteria? Or is this you said you're on it, and I guess that that means that there's a specific subdivision that's kind of in your district or more than one. What does this definition mean? MR. KANEALI`I-KLEINFELDER: I would urge you to actually contact the State Senator, Ms. Buenaventura, who created the bill and the working group. The reason for that is she's going to explain it better than L But I would say that within my community, we have CHR. KIMBALL: I'm going to actually suggest that this time because we're kind of—I've given a lot of leeway here. Technically, once you've recused yourself on a vote, you're actually not supposed to contribute to the conversation, but you're really the only one that knows a lot about this so I've allowed that to this point. I don't know if maybe, Director Sako, you can respond to these questions from Council Member Kagiwada. I would also just—at this point, the debate is about whether or not to receive these funds. I think some of the detail is contained within the Act, as you mentioned, Council Member Kaneali`i- Kleinfelder. But I prefer to have you respond at this point. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: Yeah, that's what I just was going to say. Act 200 kind of defines what the working group's supposed to do. We do have a lot of private roads and a lot of those subdivisions. So this is to kind of help determine what the direction forward is if there is a role for the County. If there's not, the State would like to Page 42 Hawaii County Council-9 April 5,2023 see us more involved. But that's really the purpose of the working group. And it's possible the working group may need a consultant, lawyer, or whatever. But we did write a letter to the Governor asking to release the funds, but we do need Council permission basically. So we just kind of need, yeah, Council approval so that the Governor will release the funds. MS. KAGIWADA: Okay. I know there was a bill going through this legislative session that would allow counties to fund non-county roads. Is this in relation to that bill and ? MS. SAKO: I'm not sure how they interrelate. I do remember seeing a bill. I don't think I read all the way through that. So there'll be a lot of different things I think because a lot of the private subdivisions have those road maintenance groups. Some do, some don't. So it's to kind of work out all the different things and the ways things could be accommodated. MS. KAGIWADA: Okay, great. Last question. Does this in any way commit the County to paying for any of these ? MS. SAKO: No, it's just to accept the funds from the State. MS. KAGIWADA: Okay. Thank you so much. CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. I'll be supporting this resolution considering the subdivisions in my district are private and there's no real County oversight over the owners' associations. It's a very tricky situation, Council Member Kagiwada. So I appreciate Council Member Kaneali`i-Kleinfelder serving as our voice in that arena. Just to kind of give you a little bit of background thank you, Chair, for some of the latitude herein HPP (Hawaiian Paradise Park), for instance, we have an owners' association that is tasked with maintaining roads. And usually that's their primary function, to make sure there are roads that folks can run and walk and drive on. There is internal debate on whether or not this body can also facilitate the installation of post office boxes. The owners' association received a donation of 8,800 boxes from USPS (United States Postal Service) that are just sitting in a warehouse because we're not quite sure whose responsibility it is. So I think this working group will help to suss out a lot of issues that our residents are confronted with and may not have necessarily the legal expertise to deal with it. So I don't know who the makeup is of this group,but I do look forward to their findings and recommendations and just hope that the recommendation is "County, you figure it out,"because that's often the case, is the State just mandates the Page 43 Hawaii County Council-9 April 5,2023 County to come up with the solutions. I hope that this is a kakou effort. So, again, appreciate the funding and the attention on this issue. I'll be supporting it today. Thank you, Chair. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council Member Lee Loy. MS. LEE LOY: Thank you. Deanna,just plain and simple, this is a way to get the money from the State and park it in our budget. Yeah, absolutely in support of this. My district got redrawn so I've got portions of HPP now. But in my past life, I spent a lot of time doing a lot of legal work around homeowners' associations, and there can be just a lot of fighting amongst the associations themselves. And oftentimes, the mechanics of their bylaws and what the goals and objectives of those homeowners' associations are, everybody's just learning. And so I really do look forward to kind of receiving this money and hoping that this money, through the working group, kind of helps build the capacity for these homeowners' associations so that they can get the work done for their subdivisions. I mean, right down to there's times where there's even fighting as to who the real homeowners' association presidents are or which association is the correct association, and spent a lot of time at court kind of advocating for one side of that association. And so look forward to this money coming in and doing the work that needs to happen so that the community can get what they need in their areas. I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Anyone else? All right, Council Member Kaneali`i-Kleinfelder, you got your direction? Don't get voluntold. One more light; Council Member Galimba. MS. GALIMBA: I just wanted to find out. Obviously, the money's coming to us. Are we the only County that is getting funding, and are we the only ones that—? MS. SAKO: Yeah, we're primarily the only ones that have this issue, I believe, yeah. So Senator put in the money last legislative session. Lots of times the money is spent off the State books and everything, and we didn't realize we needed the approval. We thought it was just a State appropriation, and they were going to take care of it. But in order for the Governor to release the funds, yes. So we will figure it out with the State on how the accounting is going to be done. MS. GALIMBA: Thank you. I guess that is a caution to us going forward, that our predecessors did some interesting things in the past that we're having to deal with. I yield. CHR. KIMBALL: Thank you, Council Member. Anyone else? All right, with that, we will go ahead and take the vote on Resolution 96-23. All of those in favor,please say "aye." Page 44 Hawaii County Council-9 April 5,2023 Vote on Res. 96-23: The motion to adopt Res. 96-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: None. Excused: Council Member Kaneali`i-Kleinfelder— 1. CHR. KIMBALL: Resolution 96-23 is adopted. Res. 97-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR EMPLOYMENT CONTRACTS FOR THE DEPARTMENT OF RESEARCH AND DEVELOPMENT Authorizes the Mayor to enter into three-year employment contracts for an Early Childhood Resource Coordinator position and an Early Childhood Resource Associate position, utilizing American Rescue Plan Act funds. These positions would be utilized to increase access to affordable, high-quality childcare and education. Reference: Comm. 182 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 97-23. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. We do have Deputy Director Agres here to answer questions. This was waived to Council to expedite the process. Pretty straightforward. Deputy Director, if you want to come up. I know you were waiting and you came. Give us a little background on this, and we'll go to questions from the Council. Thank you, Chair. (Note: At this time, Research and Development Deputy Director Robert Agres, Jr., came forward to address the members of the Council.) MR. AGRES: Aloha. This position, right now Angela Thomas has been providing the leadership for this area of early childhood care and education, and has been laying the groundwork for some initiatives to push on establishing a coordinated system of child services for the County. Now that things are beginning to move, we want to make sure there's continuity and consistency in Page 45 Hawaii County Council-9 April 5,2023 pushing on this work, especially with the Lieutenant Governor's initiative and making this a priority area so that we are a true partner with the State in addressing some of these issues. And so because the ARPA (American Rescue Plan Act) dollars, you know, we have until December 31", 2026, to expend, we feel like we're trying to make this investment over three years rather than just do a one-year contract. That's the reason why we're in front of you so that we can actually push on that and, as I've said, have that continuity so we can see some outcomes over the next three years. CHR. KIMBALL: Thank you, Deputy. All right, any further questions? Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. Thank you for being here, Deputy. So this is a request for two positions, and is one of those the current position already being filled and another one is a new position? Is that correct? MR. AGRES: That is correct. So the second position is an associate position, but basically, it's a high enough level so that we have two people who have expertise and experience. So it isn't like a clerk position because there's so many things that need to happen with this, and our island is so large. But, yeah. So it's two positions both contract—and then for three years with ARPA support. MS. KAGIWADA: Thank you. I know you have a lot of things in the works, including supporting what the Lieutenant Governor is doing with the rollout. I'm wondering, are we going to have a presentation with all the different kinds of projects that you guys are fielding around early childhood education fairly soon? MR. AGRES: We can certainly organize that. MS. KAGIWADA: Sometime after budget season, maybe? MR. AGRES: Yeah, and definitely after the conference that's coming up by theI don't know if you're aware, but on April 22nd, there's going to be a conference, but it's actually not just a conference. It's really getting teachers and families prepared for this pre-kindergarten assessment, which is going to be critical. That's such a critical time in a child's development trajectory. So it's important work that's going to actually happen (inaudible). MS. KAGIWADA: Yeah, that's my understanding. It's a bit of a training/conference, right? MR. AGRES: Exactly. Yes. MS. KAGIWADA: Okay, great. All right. Well, I'll definitely be supporting that. Thank you so much for your time. Page 46 Hawaii County Council-9 April 5,2023 CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Mahalo nui, Deputy Agres, for being here. When did you say we can expect the strategic and multi-faceted plan to be completed? MR. AGRES: She has like a ten-page work plan right now. But then I think what we can do is sort of organize, like after your budget season, to actually give you updates on what's actually in play and what will be in play over the next couple of years. MS. KIERKIEWICZ: Okay, because I think the Administration had committed around 15 or so million, which is a huge chunk of our ARPA money, to childcare. And I think most of us are parents. But if we can't get childcare, it's very hard to go to work. And so this is definitely a challenge that many folks even here within the County are facing is making sure that there are enough qualified childcare providers out there. So this issue hits home for a lot of us. I just question the spend of money over a three-year period. Fifteen is a lot but it's not that much, and I can think of a handful of folks that need to expand operations or footprints at campus in order to accommodate more kids. And so I look forward to the strategic plan and hope that there is dialogue between the Council and your early aging resource coordinator in R&D (Research and Development) about the timeline of expending money, considering there is still so much to be leveraging on the Federal side. MR. AGRES: Yes, definitely. And I think we would really appreciate the opportunity to share this with you because it's such a complex issue. I mean, it goes from workforce development toI mean, there's so many parts to it. And I think the strategic part is going to be critical in terms of how to invest, but how to invest and leverage with both State and Federal resources. So, yeah. I look forward to sharing that game plan with you. MS. KIERKIEWICZ: Thank you, Deputy. Chair, I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council Member Lee Loy. MS. LEE LOY: Thank you. Yeah, I think—looking forward to that strategic plan. And I think you mentioned it, right? It's complex. I think that's the critical path, right? Oftentimes, workforce is relying on childcare. I'd also like to see, maybe, a presentation at some later date. We always talk about three- and four-year-olds, but they're in the typical kind of path for education. And I'm always looking out for our special needs kids and Page 47 Hawaii County Council-9 April 5,2023 how we actually integrate some of that into the strategic mapping of childcare, but the specialized childcare that is very much needed for all of our kids. But taking care of a special needs child, you can't find a babysitter that will do it for you. So if there are ways that we could get that into the plan because there's other dollars out there that will help train that kind of level of care that we need. So thank you. Thank you for letting me share that. I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Any additional discussion? Seeing none, all those in favor of adopting Resolution 97-23, please say "aye." Vote on Res. 97-23: The motion to adopt Res. 97-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball–9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Resolution 97-23 is adopted. Deputy Director, thank you for being here and contributing to our conversation. I'm just going to check in with everybody. We have five items left. We can plow through. We're ready to keep—nobody needs a break? Okay. Here we go. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order.) Bill 34: AMENDS ORDINANCE NO. 22-125, WHICH AUTHORIZES THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR A STATE WATER POLLUTION CONTROL REVOLVING FUND LOAN FOR WASTEWATER PUBLIC IMPROVEMENT PROJECTS AND AUTHORIZES THE ISSUANCE OF $17,000,000 GENERAL OBLIGATION BONDS FOR THE PURPOSE OF FINANCING QUALIFIED WASTEWATER PUBLIC IMPROVEMENTS OF THE COUNTY OF HAWAII Separates the Hilo Wastewater Treatment Plant Upgrade project into two phases. Reference: Comm. 154 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-32 Note: Requires 2/3 vote of the entire membership, pursuant to Section 47-5, Hawaii Revised Statutes Page 48 Hawaii County Council-9 April 5,2023 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 34 on first reading and adopt Finance Committee Report No. 32. Seconded by Ms. Kierkiewicz. CHR. KIMBALL: Discussion, Council Member Kaneali`i-Kleinfelder? Do we have anybody from DEM (Department of Environmental Management)? I don't know if anyone has questions. All right, seeing none, all those in favor of approving Bill 34 at first reading, please say "aye." Vote on Bill 34: The motion to pass Bill 34 on first reading and adopt (Approved) Finance Committee Report No. 32 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Bill 34 is approved at first reading. Bill 35: 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 State Grants —Beverage Container Deposit Program account($22,709); and appropriates the same to the Beverage Container Deposit Program account, bringing the total appropriation to $597,099. These additional funds will be used to cover increased costs required to operate Certified Redemption Centers at designated Solid Waste transfer stations. Reference: Comm. 155 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-33 Vote on Bill 35: Mr. Kaneali`i-Kleinfelder moved to pass Bill 35 on first (Approved) reading and adopt Finance Committee Report No. 33. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Page 49 Hawaii County Council-9 April 5,2023 CHR. KIMBALL: Bill 35 is approved at first reading. Bill 39: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2023 Appropriates revenues in the State Grants —Housing Subdivision—Infrastructure Repair/Maintenance, Working Group account($100,000); and appropriates the same to the Housing Subdivision—Infrastructure Repair/Maintenance, Working Group account. Funds would be used for the convening of a working group to examine and address the challenges of infrastructure repair and maintenance in planned housing subdivisions that do not have compulsory homeowner associations. Reference: Comm. 180 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Ms. Lee Loy moved to pass Bill 39 on first reading. Seconded by Mr. Inaba. CHR. KIMBALL: Any discussion? Go ahead and state you're recusing yourself. MR. KANEALII-KLEINFELDER: Chair, I'll be recusing myself on this vote as well. Thank you. CHR. KIMBALL: Thank you. Any other discussion? All right, seeing none, all those in favor of adopting Bill 39 on first reading,please say "aye." Vote on Bill 39: The motion to pass Bill 39 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: None. Excused: Council Member Kaneali`i-Kleinfelder— 1. Page 50 Hawaii County Council-9 April 5,2023 Bill 40: 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 Pavement Preservation project($11,000,000)to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or Other Sources account, and would be used for construction of the Waikoloa Road Rehabilitation project and the Kilauea Avenue/Keawe Street Rehabilitation project. Reference: Comm. 181 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 40 on first reading. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. This bill was waived to Council to expedite processing. We do have the Director joining us today; if you could come up, Director. Thank you for being here today. I appreciate it. Give us a little background and then we'll go to questions. I may have one question after your summary. (Note: At this time, Public Works Director Stephen Pause came forward to address the members of the Council.) MR. PAUSE: Good afternoon. Steve Pause, Director of Public Works. We've got a program that we work with the State Highways, called STIP. It's the Statewide Transportation Improvement Program, and it's really the means that the Federal Highway funds are forwarded to us through the State. We've got two projects underway. The first is the rehabilitation of Waikoloa Road, which is about a $26 million project. And the second is the rehab of Kilauea/Keawe, which is a little over 12 million. We receive a certain amount of funding, somewhere between $8 million to $10 million a year. This ordinance is really related to providing funds for the advanced construction. In other words, we've been encouraged by the State to get in line for more funding for additional projects, but they pretty much stick to that $8 million to $10 million a year. So what we're doing, it's my understanding that we're just asking to be able to have that money available to fund those projects in advance of being reimbursed by the State. Page 51 Hawaii County Council-9 April 5,2023 MR. KANEALI`I-KLEINFELDER: Okay. So this funding is specific to those two projects? I was looking at the Financial Impact Statement that came with this, and it says all districts, all island. But it seems like it's more specific to the two projects we already have ongoing. MR. PAUSE: Those are the two that we have underway. We've got a couple of others in the queue. I believe we have one for Old Mamalahoa on Highway 180 on the Kona side to do repaving. I think we're looking to try to get that one out and bid towards the end of this year. We're also working on Lanikaula, also a rehab project as well. That will likely roll into next year. So what this does is it allows us to continue with applying for and receiving funding from the State for those Federal Highway monies. MR. KANEALI`I-KLEINFELDER: Okay. Beautiful. Thank you, Director. I've been driving on a lot of repaved roads, and I'm very much enjoying it. Thank you for your work. MR. PAUSE: Thank you. MR. KANEALI`I-KLEINFELDER: Chair, I yield. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. Thank you for being here, Director. Just wondering about these Federal funds. Do they have a lot of restrictions on how you can use them in a project? Or, like, for instance, are these the funds that were discussed that you have to only replace what was there, or is there more flexibility with these funds? MR. PAUSE: There's a host of requirements that come with this, but the application for the STIP funds are pretty specific in terms of I think that's a very general statement. You can only fix what's there. In other words, if you were looking to expand, say, drainage or some other things, that would not be part of what's allowed by the STIP funding. MS. KAGIWADA: Can you use other funding to do that work on the same project, or does this restriction apply to the entire project if you use some STIP funding? MR. PAUSE: No, I believe we'd be able to use County funding as a means to augment those projects. MS. KAGIWADA: Okay. Thank you so much. Page 52 Hawaii County Council-9 April 5,2023 CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Evans. MS. EVANS: Thank you. Hi. Real happy Waikoloa Road is about ready to get repaved. But my question is MR. PAUSE: You and lots of other people. MS. EVANS: It's kind of a technical question. The way it's presented is the County's going to pay, and then they will get the reimbursement from what you would get in the normal next fiscal year. But it is on STIP and yet we're not seeing the STIP page that tells us what the projects are and how they're because, normally, if you look at the form that was given to us, it shows one, two, three, four, five, six—six. So you're always looking at six years on a STIP, right. Six years out. So this is saying 11 million for the construction of this. But how is it going to impact what's going to happen out into the future? Because, isn't your STIP going to have to be adjusted because you're moving it away from one year? MR. PAUSE: Yes. And we do add projects to the STIP. As other projects are completed, we add new ones. And actually, our Engineering Division Chief just had a meeting with the Oahu folks today, talking about what next projects we'll be adding. So it's kind of like a rolling "what projects are ready." We've got—at least the Mamalahoa project is shovel-ready, but then it becomes a matter of timing. It's timing for our own capacity, right. We have engineering folks and inspectors, and we can the Waikoloa project will take up a lot of our resources because we have to go out. There's paperwork. There's quality testing. There's all sorts of things that go with it. So some of it is also to benefit us in not taking on more than we can handle. The other part of it is with the funding. So the STIP funding is 80/20, right. Eighty percent is coming from the Feds through the State. The other 20 percent contribution is from the County. But it's also a matter of when the money goes out the door, right. So we don't need all the money to just spend it. The Waikoloa project is a $26 million project that will go on for about the next year 12 months. So it's cash out the door. And when we look to the State for reimbursements, my understanding is this will just supplement when we've used up our allotment for this fiscal year. But then on October 1st, we start all over again. MS. EVANS: Okay. MR. PAUSE: So if you're looking for an updated STIP list, that's something that we can provide. Page 53 Hawaii County Council-9 April 5,2023 MS. EVANS: That would be nice to see. We all know kind of what are the next priorities and how you're going to roll it out because there's still a lot of roads that need work on the island. But I guess MR. PAUSE: Especially on the Kona side, right, Council Member? MS. EVANS: Thank you, Chair, for the latitude. Just one other technical question. So, if we pass this, and basically it's County funding, is there some, like, written agreement between you and the State that in fact you're kind of prepaying and expecting it to come out of the next round of fiscal year, whatever their appropriation—however they do their appropriation amount? MR. PAUSE: There is an agreement. I'm not quite sure what it looks like, but that would be another matter that I'd follow through on and can give you that information. MS. EVANS: I'd be curious to see that technical MR. PAUSE: And also just to let you know, another project, we've got a couple of bridge projects that are STIP projects, but they're coming in through IIJA (Infrastructure Investment and Jobs Act) funds. So they're actually a hundred percent funded. So, again, the STIP program is a mechanism to get that funding to us from the State through the Feds. MS. EVANS: All right, thank you. MR. PAUSE: Thank you. MS. EVANS: Thank you, Chair. CHR. KIMBALL: Thank you, Council Member Evans. Any other discussion? Seeing none, all those in favor of adopting Bill 40 at first reading,please say Ic aye. Vote on Bill 40: The motion to pass Bill 40 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball–9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Bill 40 is approved at first reading. Thank you, Director, for joining us here today. Page 54 Hawaii County Council-9 April 5,2023 MR. PAUSE: Thank you all. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): Bill 29: 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 Agency —Hub and Spokes Construction—State project ($400,000)to the Capital Budget. Funds for this project shall be provided from State Grants Receivable account, and would be used for a site analysis and environmental assessment for a new transit hub in Kailua-Kona. Reference: Comm. 134 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: March 22, 2023 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Vote on Bill 29: Mr. Kaneali`i-Kleinfelder moved to pass Bill 29 on second (Adopted) and final reading. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Bill 29 is adopted at second and final reading. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (Note: Items in this category were taken up previously, out of order.) OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There were none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. Page 55 Hawai`i County Council-9 April 5,2023 (There were none.) ADJOURN- There being no further business, at 12:34 p.m., Mr. Inaba moved to adjourn the MENT: meeting. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: We are adjourned at 12:34 p.m. Thank you all. Great job today. Council Approval: 1 7 2023 COUNTYERK JH/dg Page 56