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HomeMy WebLinkAboutMIN COUNCIL 2023-04-19 2022-2024 Hawaii County Council 101h Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii April 19, 2023 INVOCATION: Rabbi Levi Gerlitzky of Chabad Jewish Center gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:03 a.m., in the Council Chambers, Kailua-Kona, by Ms. Heather L. Kimball, Chair. ROLL CALL: Present: Ms. Heather L. Kimball, Chair Mr. Holeka Goro Inaba, Vice Chair Ms. Cindy Evans, Member Ms. Michelle M. Galimba, Member(came in later) Ms. Jenn Kagiwada, Member Mr. Matt Kaneali`i-Kleinfelder, Member (via videoconference from Hilo) Ms. Ashley L. Kierkiewicz, Member(via videoconference from Hilo) Ms. Susan L. K. Lee Loy, Member (via videoconference from Hilo) 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 (There were none.) EXPRESSIONS OF CONDOLENCE: STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Hawaii County Council-10 April 19,2023 Janice Palma-Glennie: Bill 194, Draft 3 (Comm. 898.25), in support. Cory Harden: Bill 194, Draft 3 (Comm. 898.25), in support. (representing Sierra Club (See Comm. 898.87) Hawaii Island Group) Babette Morrow: Res. 99-23 (Comm. 192); and (representing `O Ka`u Res. 107-23 (Comm. 200), in support. Kakou) Nadine Ebert: Res. 99-23 (Comm. 192); and (representing `O Ka`u Res. 107-23 (Comm. 200), in support. Kakou) Evanitta Paiva: Res. 106-23 (Comm. 199), in support. (representing Volcano Skate Park Organization) Tanya Power: Bill 194, Draft 3 (Comm. 898.25), in opposition. Maki Morinoue: Bill 194, Draft 3 (Comm. 898.25), in support. (representing HULI PAC) (See Comm. 898.119) Sue Aronson: Bill 194, Draft 3 (Comm. 898.25), in support. Ashley Raymond: Res. 101-23 (Comm. 194), in support. (representing Donkey Mill Art Center) Antu Harvey: Bill 194, Draft 3 (Comm. 898.25), in support. (See Comm. 898.89) Dennis Boyd: Bill 194, Draft 3 (Comm. 898.25), in opposition. (representing Kona-Kohala (See Comm. 898.67) Chamber of Commerce) Cindy Freitas: Bill 194, Draft 3 (Comm. 898.25), in support. (See Comm. 898.84) APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Page 2 Hawaii County Council-10 April 19,2023 Vote on Approval Mr. Inaba moved to approve the Minutes of March 22, of Minutes: 2023. Seconded by Ms. Galimba and carried by the (Approved) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: The March minutes are approved. At this time, we'll go to the first three resolutions, please. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 81-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF REAL PROPERTY FOR THE COUNTY OF HAWAII POLICE DEPARTMENT WAREHOUSE IN KEA`AU, DISTRICT OF PUNA Authorizes the Mayor to enter into a five-year lease agreement with an option to extend for two additional five-year terms with Milo Storage LLC, for approximately 7,440 square feet of warehouse space. Reference: Comm. 163 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-34 Vote on Res. 81-23: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 81-23 and (Adopted) Finance Committee Report No. 34. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Resolution 81-23 is adopted. Page 3 Hawaii County Council-10 April 19,2023 Res. 82-23: AMENDS RESOLUTION 388-22 AUTHORIZING THE OFFICE OF THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAII Seeks to increase the funding amount for the Kuleana Health project by $247,500 for a total of$447,500. Reference: Comm. 164 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-35 Vote on Res. 82-23: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 82-23 and (Adopted) Finance Committee Report No. 35. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Resolution 82-23 is adopted. Res. 83-23: ADOPTS THE 2023 COUNTY OF HAWAII ANNUAL ACTION PLAN FOR THE COUNTY OF HAWAII COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZES THE MAYOR OF THE COUNTY OF HAWAII TO EXECUTE AND SUBMIT THE ACTION PLAN AND ALL OTHER RELATED DOCUMENTS TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT The 2023 County of Hawaii Annual Action Plan describes the projects and activities that will be executed by the County to provide decent housing, suitable and safe living environments, and accessibility for disabled individuals to public facilities using the County's share of Community Development Block Grant program funds. Reference: Comm. 165 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-36 Page 4 Hawaii County Council-10 April 19,2023 Vote on Res. 83-23: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 83-23 and (Adopted) Finance Committee Report No. 36. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Resolution 83-23 is adopted. Can we now please go to Resolution 121-23? Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order: Res. 121-23: AUTHORIZES THE ACCEPTANCE OF A DONATION OF BIOASTIN SUPPLEMENTS AND HATS TO THE HAWAII FIRE DEPARTMENT The donation from Cyanotech Corporation, with an estimated value of$16,116.90, would be used by the department's lifeguards to support their health and fitness and limit exposure to the sun. Reference: Comm. 219 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Vote on Res. 121-23: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 121-23. (Adopted) Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Resolution 121-23 is adopted. Page 5 Hawaii County Council-10 April 19,2023 Res. 122-23: AUTHORIZES THE ACCEPTANCE OF THE DONATION OF A 2012 ACURA TSX FROM THE STATE OF HAWAII DEPARTMENT OF THE ATTORNEY GENERAL TO THE OFFICE OF THE PROSECUTING ATTORNEY The donation, with an estimated value of$9,000, would be used for law enforcement purposes. Reference: Comm. 220 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Vote on Res. 122-23: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 122-23. (Adopted) Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Resolution 122-23 is adopted. Res. 123-23: AUTHORIZES THE ACCEPTANCE OF A MONETARY DONATION OF $26,000 TO THE HAWAII POLICE DEPARTMENT The donation from Hawaii Island K9 Association would be used to purchase training aids and replace kennels, gates, and fences associated with canine shelters at the Kealakehe Police Station. Reference: Comm. 221 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Vote on Res. 123-23: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 123-23. (Adopted) Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Resolution 123-23 is adopted. At this point, we'll move to bills for first reading,please. Page 6 Hawaii County Council-10 April 19,2023 Bill 28: AMENDS CHAPTER 19, ARTICLE 7, SECTION 19-53 AND ARTICLE 10, (Draft 2) SECTION 19-71, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAXES Safeguards certain agriculturally productive properties which are also used as an owner's primary residence or as an affordable rental from rising assessment values. Reference: Comm. 113.2 Intr. by: Mr. Inaba Approve: FC-28 Postponed: March 22, 2023 (Note: There is a motion by Mr. Inaba, seconded by Ms. Galimba, to pass Bill 28, Draft 2, on first reading.) CHR. KIMBALL: Council Member Inaba. MR. INABA: Thank you, Chair. We've had discussion yesterday about our dedicated and nondedicated ag (agriculture)programs as we seek to change what we call them and how those programs operate. This bill before us right now is tied to current language. So I guess the question is for the body, if we really want to proceed with it, it would be a one-year benefit for those who are in these programsnondedicated, specifically that will be going away, and then we'll need to come back to visit. Or if we perhaps wait for these other bills to come through and then just have this bill be effective in line with the new language. So I'm not tied to either because, again, we want to provide benefit but not to those who are using loopholes in our system. So I'm happy to go with the will of the body on this bill and will make a motion to postpone if that's what the body wants. So, happy to hear from you folks. CHR. KIMBALL: Council Member Lee Loy, I see you have your light on. MS. LEE LOY: Yeah, Chair, thank you. And thank you to Mr. Inaba for filling out that conversation. Based on the two bills that we heard in Committee yesterday, I would support a postponement so we can look at all bills in totality and look at the various dates that they're going to be implemented because it will have an impact on Finance Department and the real property tax collection, along with their notification processes, which we all know to be kind of set and have very hard corners about the dates. And so I would support a postponement at this time until we can flesh out the other two bills that we heard in Committee yesterday. I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. I also support the postponement, mainly because I think it'll be very confusing to the public to have lots of different things Page 7 Hawaii County Council-10 April 19,2023 coming at them with these changes. If we can do everything at once, I think it's much more understandable by the public. So I support the postponement. Thank you. CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else? Council Member Villegas. MS. VILLEGAS: I share these opinions. I just want to thank Council Member Inaba for your humble leadership and recognizing the opportunity to, even by postponing this, allowing for more productive, effective policy that could be in more alignment with some of the other things that this body is working on. So thank you for that. I do hope that there can be synchronicity and alignment as things come forward so, as Council Member Kagiwada said, there is less confusion for the public, less fear created by any and all of this, and more opportunity for the process to be completely transparent and executable. So, with that, I yield. CHR. KIMBALL: Thank you, Council Member Villegas. Any other discussion? Checking there in Hilo, anyone else? Council Member Inaba. MR. INABA: Thank you. I'm going to make a motion to postpone so we have this bill following behind the other bills we discussed yesterday. Vote on Motion to Mr. Inaba moved to postpone Bill 28, Draft 2, to May 17, Postpone: 2023. Seconded by Ms. Galimba and carried by the (Approved) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Bill 28, Draft 2, is postponed to May 17. Page 8 Hawaii County Council-10 April 19,2023 Bill 36: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2023 Appropriates revenues in the Federal —Block Grant account($2,680,506) and the Block Grant—Program Income account($100,000); and appropriates the same to the following accounts: West Hawaii Domestic Abuse Shelter Phase 2 Improvements ($252,615), Hawaii County Economic Opportunity Council — Certified Kitchen Conversion ($580,001), Hamakua Youth Community Center Phase 2 Improvements ($650,000), Hale `Ohana Domestic Abuse Shelter Phase 2 Improvements ($162,000), Mental Health K6kua—Hilo Hale Residence Improvements ($175,000), Ka`u and Puna Volunteer Fire Station Brush Truck Acquisition ($370,000), Mental Health K6kua—Van Transportation Acquisition ($74,000), and Administration, Planning and Fair Housing ($516,890). Reference: Comm. 165 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-37 Vote on Bill 36: Mr. Kaneali`i-Kleinfelder moved to pass Bill 36 on first (Approved) reading and adopt Finance Committee Report No. 37. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Bill 37: AMENDS ORDINANCE NO. 22-63, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2023 Increases revenues in the Fund Balance From Previous Year account($3,500,000), and appropriates the same to the General Excise Tax Mass Transit Other Current Expenses account. Funds would be used to cover additional costs related to fixed route operations. Reference: Comm. 166 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-38 Page 9 Hawaii County Council-10 April 19,2023 Vote on Bill 37: Mr. Kaneali`i-Kleinfelder moved to pass Bill 37 on first (Approved) reading and adopt Finance Committee Report No. 38. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Bill 37 is approved at first reading. Bill 38: ADOPTS A PAY PLAN FOR PERSONS EMPLOYED BY THE COUNTY OTHER THAN THOSE WHOSE PAY IS OTHERWISE PROVIDED FOR, DESIGNATES PAYROLL PERIODS, PAY DAYS, PRESCRIBING REQUIREMENTS WITH RESPECT TO OFFICIAL FIDELITY BONDS, AND REPEALS ORDINANCE NO. 22-51 AND ALL AMENDMENTS THERETO, SAID ORDINANCE TO BE KNOWN AS THE SALARY ORDINANCE OF 2023 Establishes rates of compensation for appointed employees in the Legislative Branch and the Office of Housing and Community Development, the County Physician, Student Helpers, and Senior Community Services Aids for various County agencies, and reflects the current minimum wage of$12 per hour through December 31, 2023, and the minimum wage increase to $14 per hour effective January 1, 2024. Reference: Comm. 167 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-39 Vote on Bill 38: Mr. Kaneali`i-Kleinfelder moved to pass Bill 38 on first (Approved) reading and adopt Finance Committee Report No. 39. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Bill 38 is approved at first reading. Page 10 Hawaii County Council-10 April 19,2023 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) First Reading: April 5, 2023 Vote on Bill 33: Mr. Kaneali`i-Kleinfelder moved to pass Bill 33 on second (Adopted) and final reading. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Bill 33 is adopted at second and final reading. 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) First Reading: April 5, 2023 Note: Requires 2/3 vote of the entire membership, pursuant to Section 47-5, Hawaii Revised Statutes Page 11 Hawaii County Council-10 April 19,2023 Vote on Bill 34: Mr. Kaneali`i-Kleinfelder moved to pass Bill 34 on second (Adopted) and final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Bill 34 is adopted at second and final 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) First Reading: April 5, 2023 Vote on Bill 35: Mr. Kaneali`i-Kleinfelder moved to pass Bill 35 on second (Adopted) and final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Bill 35 is adopted at second and final reading. Page 12 Hawaii County Council-10 April 19,2023 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) First Reading: April 5, 2023 MR. KANEALII-KLEINFELDER: Chair,just to put it out there, I have to recuse myself from this one because I'm on the committee. CHR. KIMBALL: Oh, great, thank you for the reminder. Can I have a motion, then, by someone else? Vote on Bill 39: Ms. Lee Loy moved to pass Bill 39 on second and final (Adopted) reading. Seconded by Mr. Inaba and carried by 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. CHR. KIMBALL: Bill 39 is adopted at second and final reading. Page 13 Hawaii County Council-10 April 19,2023 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) First Reading: April 5, 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 40: Mr. Kaneali`i-Kleinfelder moved to pass Bill 40 on second (Adopted) and final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Bill 40 is adopted at second and final reading. At this time, we will take up the matter of Communication 898.58. STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON BILL 194 The following individuals registered to speak and came forward when called by (DRAFT 3) the Chair: (COMM. 898.25): Janice Kerr: In support. (See Comm. 898.101) David Blancett-Maddock: In support. (See Comm. 898.65) Diane Blancett-Maddock: In support. (See Comm. 898.66) Page 14 Hawaii County Council-10 April 19,2023 Comm. 898.58: MAYOR'S VETO MESSAGE REGARDING BILL 194, DRAFT 3, RELATING TO CONDITIONS TO CHANGE OF ZONE From Mayor Mitchell D. Roth, dated March 30, 2023, returning Bill 194, Draft 3, and stating his reason for disapproval. ; and Comm. 898.59: REQUEST TO RECONSIDER BILL 194, DRAFT 3, RELATING TO CONDITIONS TO CHANGE OF ZONE From Council Member Holeka Goro Inaba, dated March 30, 2023, requesting that Bill 194, Draft 3, be placed on the April 19, 2023, Council agenda for reconsideration and a potential override of the Mayor's disapproval. ; and Bill 194: AMENDS CHAPTER 25, ARTICLE 2, DIVISION 4, SECTION 25-2-44, OF THE (Draft 3) HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATED (2020-2022) TO CONDITIONS ON CHANGE OF ZONE Provides the County Council exclusive authority to grant an initial time extension for the performance of conditions within a change of zone ordinance and increases the filing fee from $250 to $500 for any request for a time extension, change, or alteration of conditions within a change of zone ordinance. Reference: Comm. 898.25 Intr. by: Mr. Inaba First Reading: February 22, 2023 Second Reading: March 8, 2023 Mayor Veto: March 30, 2023 Note: Requires 2/3 vote of the entire membership to override the Mayor's veto, pursuant to Section 3-12, Hawaii County Charter Motion to Mr. Inaba moved to reconsider the vote taken on Bill 194, Reconsider: Draft 3, on March 8, 2023. Seconded by Ms. Galimba. CHR. KIMBALL: Again, this is just a motion to start the discussion around the bill. MR. HENRICKS: That is correct. Very quickly, this is a one-motion, two-vote process. This motion is pursuant to Section 3-12 of the County Charter. It's a reconsideration motion. When the vote is taken, if there are five votes, that will bring Bill 194, Draft 3, on the floor for reconsideration and override of the Mayor's veto. CHR. KIMBALL: Thank you, Mr. Clerk. Any discussion on the reconsideration motion? Seeing none, all those in favor please say "aye." Page 15 Hawaii County Council-10 April 19,2023 Vote on Motion to The motion to reconsider the vote taken on Bill 194, Reconsider: Draft 3, on March 8, 2023, was carried by the following (Approved) voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Mr. Clerk, Bill 194, Draft 3, is returned to the table for discussion. Mr. Inaba. MR. INABA: Thank you, Chair Kimball. Being that this proceeding has been started by the Mayor's veto message, I'd perhaps ask the Mayor to share any thoughts he'd like to share with this body and explain the reason for the veto if he is in Hilo chambers. Thank you. (Note: At this time, Managing Director Lee Lord, Office of the Mayor, came forward to address the members of the Council.) MR. LORD: Good morning, Chair Inaba. I'm sorry that the Mayor could not be here. He is at a doctor's appointment, which he thought would be completed at this point in time, but it's taking an extended amount of time. So he does apologize for that. I will share his message that he wanted to be shared, that, first of all, he understands the intent of the County Council for what you all are doing. But he also wanted to share these thoughts also in addition to the communication that was sent to the Council: The Administration firmly believes that this bill limits the Council's flexibility and makes it even more difficult for us to build housing for local families. This bill will add expense, uncertainty, and difficulty to the rezoning process. We are already the most-regulated county in the U.S. (United States) with too many roadblocks to count. This just adds another roadblock and draws out the process. At the end of the day, Mayor Roth is committed to getting our local families in homes, and that's the reason for the veto. Taking the current process from subject-matter experts and placing it into a political body doesn't make sense, particularly as it relates to subtle nuances of zoning and planning. This is about local families and local builders. And I forgot to introduce myself. I'm Managing Director Lee Lord. Also, today we have Director Zendo Kern and we have Jean Campbell available if there would be any questions at this time. But thank you for letting me share that for the Mayor. I appreciate it. Page 16 Hawaii County Council-10 April 19,2023 MR. INABA: Thank you, Managing Director Lord. Well, here we are again with Bill 194. First of all, I want to mahalo those of our community members who are here today who testified live to the overwhelming testimony in support of this bill that we received as well. As we know, Bill 194 essentially adds a level of transparency that we're currently lacking with regards to initial time extensions. This bill allows the Council to grant initial time extensions via resolution rather than allowing that authority to continue to lie within the Planning Director's authority. By doing it this way, we really ensure that the conditions of the initial approval remain intact, that we're not moving goal posts for applicants. The same qualifications for these extensions are going to be used by the Council to determine whether or not an extension is granted, with the exception of applicants needing to have to come in prior to the expiration of the ordinance, not five years or three years after and then still being granted an extension. Most concerning, I would say, is over the last 40 years, there's no way for the public or for us to know who has been granted initial time extensions by planning directors and for what reasons, and ensuring that those reasons are in line with unforeseen circumstances outside the control of the applicant. And I just want to respond to thoughts just shared by Administration. This bill does not limit our ability to condition rezoning ordinances. It doesn't add expense. It doesn't prevent facilities like hospitals, schools,job centers from being created. It doesn't even remove an opportunity for a mid-point check-in or adjustment of conditions because the only way that could happen is via a new bill that would amend the original rezoning ordinances. So a lot of these statements are simply untrue. And to say that this Council lacks the background or expertise is not only senseless, it's disrespectful in the roles that we serve as County Council Members. We are the body and the authority at this County to grant change of zones. And it only makes sense for us to reconsider and to look at whether an applicant truly didn't meet their conditions due to circumstances out of their control. So, bringing it back, anyone who has already secured a change of zone with that option of a planning director extension still gets that extension and can still exercise that option. Bill 194 is for future rezones. And, again, this is really for transparency and accountability, not only on the part of applicants but on our side as well in looking at our records and keeping things nice and clean. So really do ask for everyone's support in seeing Bill 194 through. Mahalo. CHR. KIMBALL: Thank you, Council Member Inaba. Council Member Galimba. MS. GALIMBA: Thank you, Chair. I wanted to kind of give aI have voted "no" in the past, and I will vote "no" again. And I wanted to kind of give an Page 17 Hawaii County Council-10 April 19,2023 extended reason for doing so, given the controversy around it. So I understand the impetus for the bill and the desire to increase transparency by bringing the decision-making about extensions into the public forum of the County Council. This is a difficult decision because there are meaningful arguments on both sides of the question. However, unbalanced, I cannot support this bill because, No. 1, this bill lessens the tools that are at the disposal of the Council in managing land use decision- making and processing. Used carefully and with greater coordination between the Planning Department and the Council, these administrative approvals are an appropriate way to check in on the progress of a project partway through the time allotted. This bill moves towards micromanaging the land use approval process rather than using all of the resources of the Administration and civil service knowledge to effectively manage the process. Number 2. The bill strays over the boundary between the proper oversight function of the Council into direct management of the processes, which is a questionable path to be heading down as a matter of governance practice, in my opinion. Furthermore, there are many who argue that this bill is necessary due to a perception that our current director of Planning is unilaterally authorizing extensions. I have not seen any actual evidence of this in the public record, and I don't think that making policy based on personal animus is a sound practice. Number 3. This bill increases the uncertainty involved for potential developers of housing projects. This is especially onerous for our affordable housing projects that must work within tight budgets and timelines in order to make use of tax credits and other subsidy programs for affordable housing, which we so desperately need, especially here in Kona where if you come by in the middle of the night, which I did once, there were like 40 or 50 people living in their cars on this very road. It is my understanding that it can easily take an affordable developer close to five years just to get the financing and permitting done for a project. And that is if all goes well. Number 4. Some in the environmental community would find that the argument that this bill increases uncertainty for developers to be a feature rather than a bug of the bill, and perhaps support the bill precisely because it would slow development on this island. I love open space as much as anybody, but I feel that this is a mistaken position. Creating uncertainty in the development community will disproportionately impact affordable housing development, making it hard for them, making conditions even harder for them given the skyrocketing prices of materials, insurance, and land. By impeding affordable housing, we are pushing more people out to our sprawling substandard subdivisions, causing more emissions and traffic on the road and decreasing well-being and affordability on this island; by decreasing the opportunity for young people to start out in life by getting an affordable rental near their job, for instance. Page 18 Hawaii County Council-10 April 19,2023 Number 5. Finally, there are other less problematic ways for the Council to exercise oversight, which have not been explored, such as asking for quarterly or annual reports of project deadlines so that the Council and, thus, the public can stay informed and engaged with project deadlines. So, for these reasons, I will vote "no" on overriding the Mayor's veto. Thanks. CHR. KIMBALL: Thank you, Council Member Galimba. I'm going to quickly go to Hilo and take a couple. Does anybody over there have any comments? MS. KIERKIEWICZ: Hi, Chair. CHR. KIMBALL: Go ahead, Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you very much. Mahalo nui again, Council Member Inaba, for taking this issue on. I think you know that I have tremendous respect for you and really enjoy working with you. And I appreciate that there are differences of opinion and recognize that at the end of the day, we are all working hard to support and improve our island community. As Council Members, our charge is legislation and public policy formulation. And so the exactness and precision of our words matter because they direct departments in their work, and it gives community a clear set of guidelines as far as what is expected of them. When Bill 194 was originally introduced, I was in support of the measure. It was simple and would codify an action that Council Members could already do amend bills for ordinance; and in this case, remove language related to administrative time extensions for rezoned properties. I want to stress that a bill for ordinance may be amended by the Council at any time. This bill in its original form would not have granted Council Members with a new power. There was and is nothing that prohibits or precludes us from removing administrative time extensions or requiring the applicant to come back to Council for an update or to ask for more time. This tool is already in our toolbox. I know this because, as Planning Chair, I work diligently on numerous bills to address Council and community concerns for a variety of applications. Both planning commissions, the Planning Department, and Administration agreed with the original language of Bill 194, but then there were multiple amendments made during Committee and at Council that significantly altered the nature of the bill. These changes highlighted the complexity of the issue at hand, which is really the overall development process and ecosystem, and begs us to answer several questions. If Council is granting a rezone, shouldn't it be good in perpetuity? Why are we putting a timer on how long a rezone is good for? And how much time is enough time to complete a project when we think about Page 19 Hawaii County Council-10 April 19,2023 everything that's required to pull together financing, go through the permitting process? And we think about whose responsibility it is to invest in infrastructure; the developer or government? What I appreciated about the original bill was the simplicity and the singular focus. The third and final draft, in my humble opinion, went too far in creating additional layers of bureaucracy. If we want information and transparency, then let's invest in systems that track applications and where they are in the development process. The current process of laws and regulations is already difficult and expensive. This would add to the complexity of getting a project over the finish line and infuse an element of politics into the decision-making process. Frankly, a little deregulation would actually be helpful to ensure more homes are built faster for our residents and at a price point that our residents can afford. As a legislator, I would like for us to continue to be able to refine conditions of approval in relation to rezone requests. Bill 194, Draft 3, would severely hamstring our ability to do so and create an air of uncertainty, making it even harder to get things done here in the islands. With that said, I will be supporting the Mayor's veto of this legislation. Thank you, Chair, I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Coming back here to Council Member Evans in Kona. MS. EVANS: Thank you, Chair. I support the veto override, and I ask my colleagues to support me in that vote. This is a new beginning for our County and our County's reputation on how difficult and expensive it is to develop property. In fact, I believe this bill will help to identify regulations, external influences, and red tape that create barriers to building housing. Let me point out my reasons for supporting the override. First, those who contacted me to oppose the override argued the Council is political, and if this bill passes, it will create more uncertainty. This is not logical when the Mayor is an elected official and the Planning Director is handpicked and reports to the Mayor. Either way, an individual or business is dealing with the possibility of changes to conditions for extension or denial of extension by the Planning Director or the County Council. But on the plus side, the requirement to get an extension by resolution of the Council is a public process and transparent, something I believe is important to the integrity and reputation of doing business in our County. Second, the Council recognizes the work of the planning commission and Planning Director when considering and voting on the initial conditions of the change of zone ordinance. This bill we are discussing today is an extension of the Page 20 Hawaii County Council-10 April 19,2023 initial time. During the hearings on this proposed bill, we discussed the initial time recommended by the Planning Director. The Planning Director said his department determines what is a realistic time. This bill is a new beginning. If developers truly believe the initial time condition is unrealistic and fear this bill is another barrier, then we can now use this regulation to inspire us to fix whatever are the barriers to complete the development in the initial time that is determined by the Planning Department, and ensure our County professionals recommend a realistic time to complete conditions for change of zone. Third, our community is demanding we get more housing in the pipeline; housing that helps, for example, local families and our workforce achieve homeownership, and rental housing that provides for our low-income seniors and agricultural workers. This bill is a new beginning, lighting a fire to motivate developers to get the job done, ask for assistance, and waivers to achieve the initial time proposed by the Planning Department and agreed to by the Council. We need to stop talking about red tape and barriers. We need to find solutions to improve our business environment. We need to create a culture of"can do." Let us change our course. Bill 194 is the change we need. CHR. KIMBALL: Thank you, Council Member Evans. I'll send it back to Hilo. Anyone over there? No? Anybody here in Kona chambers? Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. I will also be supporting the override. I haven't written out a long thing, but I agree with most of what my Council Members—colleagues Council Member Evans and Inaba have said. For me, the issues are the transparency and the public being able to know what's going on, as well as the County Council being able to know what's going on, that we should be setting the original timeframes more accurately. And this whole discussion about uncertainty for developers just, to me, makes it obvious that most of these time extensions are automatically given, and that's why they say they have certainty. Well, then, why are we not setting the original time frames for the accurate length of time? It doesn't make any sense if they're automatically given. And that's why developers have certainty with the current process. So I believe there should be some uncertainty because it matters why you're asking for another time extension. It shouldn't be automatic. Also, interesting that kind of both sides of this argument are alluding to needing to develop more housing for the island. I think that there are definitely reasons why this could help with developing the kind of housing we want to see get developed. As stated by some of the testifiers today, we want to make sure that our low-income housing is getting developed alongside other housing that's more Page 21 Hawaii County Council-10 April 19,2023 profitable for our developers, and our properties are not being just simply flipped because they've got a time extension that has been granted and, therefore, seen as a more favorable property, and people making a lot of money on just continually flipping the property. So I will be voting to override the veto and thank you very much, Chair. CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Villegas. MS. VILLEGAS: Wow! What a time. What an era. We're at a tipping point. We are navigating our way out of a global pandemic where we were in a lockdown. Our economy was in a nosedive because of our overreliance on tourism and external resources. We've lost 25,000 people off the island in that time frame—our workforce. And in the interim, we gained a whole other socioeconomic component to our community of people that bought homes over asking price, sight unseen, for cash. I can't help but see the irony in so many parts of the veto letter that wasI humbly just say it was cockamamie—about Bill 194 and the constant claims about Bill 194 creating uncertainty in our housing market. Our housing market is totally uncertain,period, because it's been fundamentally founded upon overreliance for external resources, and homes being built here with the manini percentage requirement for affordable housing, which is not the precedent in the Mainland. Many of the counties that were included in—and I just want toI was just looking up the UHERO (University of Hawaii Economic Research Organization) Measuring the Burden of Housing Regulation in Hawaii. I just want to point out the first line in this report is that"UHERO briefs are circulated to stimulate discussion and critical comment. The views expressed are those of the individual authors. While briefs benefit from active UHERO discussion, they have not undergone formal academic peer review." So these are opinions of very intelligent people who do an immense amount of research. But as we all know, when you do research, if you're gathering data, you can also present data in a million ways to create a number of different messages. So I feel, for myself personally, you know, the irony of the Honolulu planning department, all of the Federal investigations and people continually getting busted for underhanded, illegal activities is so tragic both for the administrations within our State and for us who sit in these roles that make our positions questionable as our levels of integrity and why and how we serve. But when we talk about restrictive land use environments, hell yes they are! We live on islands! We have restrictive lands! We do not have millions of acres to then, if they are destroyed, move on to the next area and leave that contamination (inaudible) and where it is to the degradation of future generations. Page 22 Hawaii County Council-10 April 19,2023 We have a finite precious resource, and it is our responsibility to defend that resource, to place the highest requirements for its use for the long-term regenerative capacity for our water, for our oceans, for our future generations. And while I appreciate the you can tell I get passionate about this. For me, this comes to its not so much about the "I's" and the "T's." I also have to kind of chuckle at the irony of the criticism of the overcomplication of the different versions of Bill 194 when it was my experience sitting there that it was those who now oppose it in its current form who asked for those amendments to begin with. One of my predecessors used the term "smoke and mirrors," and that used to always make me chuckle, especially as I continue in this crazy job. Because, uncertainty is a part of life, and it is not our job to remove uncertainty for developers. It's my job and my responsibility to remove as much uncertainty as possible for my constituents because they're the ones that hired me to sit in this seat, to do this role, and to serve our community. Just one more comment, very short. The testimony received, the written testimony today, there are 82 written testimonies in favor of overriding Bill 194. There are 10 testimonies in opposition of overriding Bill 194. It's our job to represent the people in our districts. For those reasons, and based on my na`au and my internal sense of right and wrong, and in my opportunity to serve and my legacy that I want to leave in this position of leadership, I will be supporting the override of the Mayor's veto. I yield. CHR. KIMBALL: Thank you, Council Member Villegas. Returning to Hilo chambers. MR. KANEALI`I-KLEINFELDER: Chair, if I could? CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I really appreciate everyone's perspective today, and from testimony to Council Members. I like the makeup of our Council right now because we all have a good perspective and a good background. So decisions that we've reached so far as a Council I think have been very fair. Just in looking at the veto, first off,politics is alive and well in both the Hamakua and the Puna side of this building. Let's just say that. We'll start with that. I voted to approve this bill the first time. I will be voting again to approve this bill. I'll not support the veto by the Mayor. In looking at the process, the idea that this will lengthen the process, that can be true. The process being by resolution, in my eyes, means a two-to four-week window of getting a resolution in front of the Council to amend the original bill. I mean, we're talking 5, 10 years, 20 years for projects. Even one of our testifiers, Page 23 Hawaii County Council-10 April 19,2023 40 years, 60 years for a project. Two to four weeks, that's a month to get something in to Council—in front of Council and then approved. And I did notice this morning, looking over the bill, it doesn't state how many readings at Council. So that means that it could be waived to Council, one reading. That can be a fairly short process. So, given our previous discussion on this, my original standpoint and my vote stays. I'm going to be supporting the bill as written. But I do appreciate everyone's input today and perspective/testimony across the board, the departments and Mayor's office. Thank you. Thank you for the conversation. I yield. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Any additional discussion? Council Member Lee Loy. MS. LEE LOY: Sure. Thank you, Chair. Like Mr. Kaneali`i-Kleinfelder, I really am appreciating all the different perspectives and the lenses. And I think it just lends itself to the complexities of land use and approvals, whether it be in Puna, Hilo, or West Hawaii. Like my other colleague, out the gate this bill was right on par to where I wanted it to be. But as things began to move forward, it was Mr. Kaneali`i-Kleinfelder who reminded me that it had unanimous approval out of both planning commissions, but that was a very different bill at that time. I continue to support kind of the "stop the clock"because there are so many complexities with land use and approvals that are outside of the applicant's control. If we think our building permit process is long, I would urge my colleagues to look at the need of getting a CLOMR (Conditional Letter of Map Revision) from our Federal Government, along with the Department of Transportation, and then a signalization to get approved. Those things can really eat up a lot of an applicant's time for approving development. So, for those reasons—it was good when we started, but it's not where we landed. And for those reasons, I'm going to be voting against Bill 194. Thanks, Chair, for the time. And thank you to my colleagues for all of this robust conversation. I think the viewpoints are alive and well. I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Any additional discussion from anyone? Okay. At this time, I'd like to weigh in, myself, briefly. I share, for sure, Council Member Kaneali`i-Kleinfelder and Council Member Lee Loy's position that this composition of this Council right now is really wonderful from the standpoint of how knowledgeable, engaged,just how thoughtful everybody is, and I just want to let you know, all of you, that I appreciate you and I appreciate working with you. I've had conversations—first of all, folks on both sides of this veto override I think made some really excellent points. In addition, I've had discussions with Page 24 Hawaii County Council-10 April 19,2023 Director Kern, the Mayor, Corporation Counsel. First of all, I will state that— well, hatwell, first of all, I'm going to support overriding the veto. Let me just be clear about that. But, yeah, I think that there are valid concerns from the Administration side about the actual language of the bill at this time, as well as some of the concerns that exist from Corporation Counsel. At the same time, I really appreciate, Council Member Inaba, what your intention was and what we're trying to provide here, which is opportunity for public input and transparency. To me, that's what the political process is. It is not a I don't like politics being used as a bad word, and I do take exception to that in the Mayor's veto message. And I'll just say he did apologize to me directly for that language. I will say that. I'm going to support the veto override for a particular reason and it's procedural. I think this bill is imperfect, and I think it needs a little bit more work. I think that the concerns of the Administration as well as the intention of the author can both be met with a little more tweaking. However, an up-or-down vote, if we were to vote against the override today, would be equivalent to voting down this measure. And the Council's rules prohibit us from taking up a substantially similar measure in the same term. In other words, if we were to support the override today, this bill would fail, and we would not have the opportunity to further amend it in this term. And so, for that reason, I'm going to support overriding the veto so that this can go through, and I'm committing right now to have further discussions with the author and the Planning Department and the Administration to try to get us to somewhere that's a little closer to what we're all hoping for. I don't think the objectives of the Administration and the objectives of this body are so dissimilar that we can't come to some sort of middle-road compromise. I hope that's clear to everyone. Something for those who plan on voting against the override today to consider is that we can come back and amend this but only if we do override the veto. I have also shared this with the Mayor. He's aware of that decision as well today. So that's where I'll end with this and appreciate everybody's thoughtfulness and deliberation on this bill. At this time, I will ask the Clerk for a roll call vote, please. Vote on Bill 194: The motion to pass Bill 194, Draft 3, on second and final Draft 3 reading was carried by the following roll call vote: (Adopted) Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Villegas, and Chair Kimball –6. Noes: Council Members Galimba, Kierkiewicz, and Lee Loy –3. Absent: None. Excused: None. Page 25 Hawaii County Council-10 April 19,2023 MR. HENRICKS: The Mayor's veto is overridden, and Bill 194, Draft 3, is an ordinance taking effect today. CHR. KIMBALL: Thank you very much, Mr. Clerk. Recess: At 10:47 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 11:01 a.m. CHR. KIMBALL: At this time, Mr. Clerk, we're going to return to the top of the agenda for "Order of Resolutions." Return to Order The Chair directed the Council to return to the order of business. of Business: Res. 98-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOMELESS TASK FORCE FOR ITS OUTREACH AND ENGAGEMENT EFFORTS Transfers $15,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 191 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 98-23. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Villegas. MS. VILLEGAS: I'm asking for the support of my colleagues. I am deeply grateful to have still had some contingency relief funds and be able to allocate them to the work of the 808 Homeless Task Force and Regina Weller. She is an integral part of the homeless services in my district and actually throughout the island. She works with all of the different homeless services organizations and her community policing. I'm asking for my colleagues' support as, unfortunately, she has not received some of the other resources available through the County, and my hope is that I don't lose her services. So I'm allocating these resources to ensure that she can continue her good work. I yield. CHR. KIMBALL: Thank you, Council Member Villegas. Any other discussion? Seeing none, all those in favor please say "aye." Page 26 Hawaii County Council-10 April 19,2023 Vote on Res. 98-23: The motion to adopt Res. 98-23 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: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Res. 99-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO `O KAT KAKOU FOR ITS FAMILY FUN FEST AND INDEPENDENCE DAY CELEBRATION Transfers $3,500 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 192 Intr. by: Ms. Galimba Motion to Approve: Ms. Galimba moved to adopt Res. 99-23. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Galimba. MS. GALIMBA: Just briefly, some of the members of`O Ka`u Kakou came in this morning. They do an amazing job with the very little resources out there to assist the community in many ways, and just wanted to ask for my colleagues' support. Thank you. CHR. KIMBALL: Thank you, Council Member Galimba. Any other discussion? MS. LEE LOY: Yes, please, Chair. CHR. KIMBALL: Council Member Lee Loy. MS. LEE LOY: Thank you. And thank you to Council Member Galimba. This program was definitely a program that was near and dear to our former Chair Maile David. We would often see them come through our nonprofit grant- in-aid program. So I really do appreciate Ms. Galimba using her contingency funds to put on this program and help them put on this program because they are completely volunteer. They are not taking any salary and wages to stand up these community events. Look forward to supporting them and their programs. Thank you, Ms. Galimba. I yield. Page 27 Hawaii County Council-10 April 19,2023 CHR. KIMBALL: Thank you, Council Member Lee Loy. Any other discussion? Seeing none, all those in favor please say "aye." Vote on Res. 99-23: The motion to adopt Res. 99-23 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: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. KIMBALL: Resolution 99-23 is adopted. Res. 100-23: 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 FOR ITS DOGHOUSE PROGRAM AT KEALAKEHE HIGH SCHOOL IN WEST HAWAII Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 193 Intr. by: Mr. Inaba Motion to Approve: Mr. Inaba moved to adopt Res. 100-23. Seconded by Ms. Kagiwada. CHR. KIMBALL: Council Member Inaba. MR. INABA: Thank you. I'll ask for my colleagues' support in helping this program at Kealakehe High School. CHR. KIMBALL: Thank you. Any additional discussion? Seeing none, all those in favor please say "aye." Page 28 Hawaii County Council-10 April 19,2023 Vote on Res. 100-23: The motion to adopt Res. 100-23 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: Council Member Kaneali`i-Kleinfelder– 1. Excused: None. CHR. KIMBALL: Resolution 100-23 is adopted. Res. 101-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOLUALOA FOUNDATION FOR ARTS AND CULTURE TO ASSIST WITH EXPENSES FOR ITS DONKEY MILL ART CENTER EXHIBITION PROGRAM Transfers $5,000 from the Clerk-Council Services –Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 194 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 101-23. Seconded by Mr. Inaba. CHR. KIMBALL: Any discussion? Council Member Villegas. MS. VILLEGAS: I just am really passionate about and so grateful for the Donkey Mill Art Center and the programs and exhibitions that they create there, and this gathering space that they—it's magnificent. If you folks have not been there and seen some of the work that they do and the exhibits that they create and the integration of art and culture and connectivity and alignment, especially in healing for our community as was instrumental during COVID (coronavirus disease), and it continues to be so for a broad and diverse spectrum of people in our community, I just would highly recommend anyone going by there if you get a chance. So thank you for your continued support. I yield. CHR. KIMBALL: Thank you, Council Member Villegas. Council Member Evans. MS. EVANS: Thank you. I just want to say in support and want to weigh in that it's nice to see that we have groups that are working on arts and culture. I think it's very important that we support those efforts, and I hope we see more in the future. Thank you. Page 29 Hawaii County Council-10 April 19,2023 CHR. KIMBALL: Thank you, Council Member Evans. Any other discussion? Hearing none, all those in favor of adopting Resolution 101-23, please say "aye." Vote on Res. 101-23: The motion to adopt Res. 101-23 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: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. KIMBALL: Resolution 101-23 is adopted. Res. 102-23: 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 SUPPORT ITS DOGHOUSE PROGRAM Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 195 Intr. by: Ms. Galimba Motion to Approve: Ms. Galimba moved to adopt Res. 102-23. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Galimba. MS. GALIMBA: I don't need to say anything about the program, but I just wanted to say that it's for my former Legislative Aide, Dawn Manago, who loves animals as we all know. CHR. KIMBALL: Thank you, Council Member Galimba. Any other discussion? Seeing none, all those in favor please say "aye." Page 30 Hawaii County Council-10 April 19,2023 Vote on Res. 102-23: The motion to adopt Res. 102-23 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: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. KIMBALL: Resolution 102-23 is adopted. Res. 103-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF THE FUTURE FOR THE HEALTH AND FITNESS FIELD DAY EVENTS AT VARIOUS SCHOOLS IN COUNCIL DISTRICT ONE Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 196 Intr. by: Ms. Kimball Motion to Approve: Mr. Inaba moved to adopt Res. 103-23. Seconded by Ms. Kagiwada. CHR. KIMBALL: With my colleagues' allowance, I'll just say this is a program that I support pretty much every year. So I just ask for your continued support for my continued support. Any other discussion? Hearing none, all those in favor please say "aye." Vote on Res. 103-23: The motion to adopt Res. 103-23 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: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. KIMBALL: Resolution 103-23 is adopted. Thank you. Page 31 Hawaii County Council-10 April 19,2023 Res. 104-23: 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., TO ASSIST WITH EXPENSES RELATED TO ITS KEIKI PROGRAM Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 197 Intr. by: Ms. Kimball Motion to Approve: Mr. Inaba moved to adopt Res. 104-23. Seconded by Ms. Galimba. CHR. KIMBALL: Again, with my Council Members' allowance, another program that I'm always happy to support. They do wonderful work up there at the foundation. So I ask for your support again. Thank you. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 104-23: The motion to adopt Res. 104-23 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: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. KIMBALL: Resolution 104-23 is adopted. Res. 105-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII KEIKI MUSEUM TO PURCHASE INTERACTIVE SEATING FOR THE MUSEUM'S "OPIHI LEARNING AREA" 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. 198 Intr. by: Mr. Inaba Motion to Approve: Mr. Inaba moved to adopt Res. 105-23. Seconded by Ms. Villegas. Page 32 Hawaii County Council-10 April 19,2023 CHR. KIMBALL: Council Member Inaba. MR. INABA: Thank you. I just ask for my colleagues' support in further expanding the services and programs offered at the keiki museum here in Kailua- Kona. Thank you. CHR. KIMBALL: Thank you, Council Member Inaba. Any additional discussion? Seeing none, all those in favor please say "aye." Vote on Res. 105-23: The motion to adopt Res. 105-23 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: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. KIMBALL: Resolution 105-23 is adopted. Res. 106-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR PARK REPAIRS AND IMPROVEMENTS AT VOLCANO SKATE PARK AND OTHER PARK FACILITIES IN COUNCIL DISTRICT 6 Transfers $7,300 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Transfer to Capital Projects Fund-General account. Reference: Comm. 199 Intr. by: Ms. Galimba (Note: Comm. 199.1, from Council Member Michelle M. Galimba dated April 17, 2023, transmitting proposed amendments to Res. 106-23, was circulated.) Motion to Approve: Ms. Galimba moved to adopt Res. 106-23. Seconded by Mr. Inaba. Motion to Amend: Ms. Galimba moved to amend Res. 106-23 with the contents of Comm. 199.1. Seconded by Mr. Inaba. CHR. KIMBALL: On the amendment, any discussion? Council Member Galimba. Page 33 Hawaii County Council-10 April 19,2023 MS. GALIMBA: I just wanted to explain that I'm just upping the amount. I was setting it aside for the coqui program, but that didn't seem to go through. So I just wanted to give the full ten to the skate park. CHR. KIMBALL: Okay, thank you. Any other discussion on the amendment? Seeing none, all those in favor of amending Resolution 106-23, please say "aye." Vote on Motion to The motion to amend Res. 106-23 with the contents of Amend: Comm. 199.1 was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Vote on Motion to Mr. Inaba moved to suspend Council Rule 24 to waive the Suspend Council holdover for the substantive amendment of Res. 106-23. Rules: Seconded by Ms. Villegas and carried by the following (Approved) voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. KIMBALL: Now, we can go back to discuss the main motion. Thank you. MS. GALIMBA: I just want to ask for my colleagues' support for the Volcano Skate Park efforts. As a testifier previously pointed out, it has been closed for a number of years, and trying to get it back online for that community. I'm just asking for my colleagues' support. Thank you. CHR. KIMBALL: Thank you, Council Member Galimba. Any additional discussion? Seeing none, all those in favor please say "aye." Page 34 Hawaii County Council-10 April 19,2023 Vote on Res. 106-23: The motion to adopt Res. 106-23, as amended to Draft 2, Draft 2 was carried by the following voice vote: (Adopted) Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. KIMBALL: Resolution 106-23, as amended, is approved. Thank you. Res. 107-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TWO KAT KAKOU FOR ITS NA`ALEHU RESILIENCE HUB Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 200 Intr. by: Ms. Galimba Motion to Approve: Ms. Galimba moved to adopt Res. 107-23. Seconded by Ms. Villegas. CHR. KIMBALL: Council Member Galimba. MS. GALIMBA: I just want to ask my colleagues for their support for this N5'51ehu Resilience Hub that has been continuing on and feeding people out in Ka`u through all of these times of inflation, and people having a hard time making ends meet out there. So I ask for your support. Thank you. CHR. KIMBALL: Thank you, Council Member Galimba. Any discussion? Council Member Evans. MS. EVANS: It was interesting to point out that there was funding for the resiliency hub, and now they're not seeing the funding come in. So I think to sustain the resiliency hub is a really good thing to do. So I'm in strong support. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Any other discussion? Seeing none, all those in favor please say "aye." Page 35 Hawaii County Council-10 April 19,2023 Vote on Res. 107-23: The motion to adopt Res. 107-23 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: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. KIMBALL: Resolution 107-23 is adopted. Res. 108-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR PARK REPAIRS AND IMPROVEMENTS AT OCEANVIEW SKATE PARK AND OTHER PARK FACILITIES IN COUNCIL DISTRICT 6 Transfers $10,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Transfer to Capital Projects Fund-General account. Reference: Comm. 201 Intr. by: Ms. Galimba Motion to Approve: Ms. Galimba moved to adopt Res. 108-23. Seconded by Ms. Villegas. CHR. KIMBALL: Council Member Galimba. MS. GALIMBA: Again, this is to support a skate park. This skate park does not exist and, in fact, still is awaiting an environmental assessment, which the Administration is kind enough to support and fund. So we'll be getting an environmental assessment to put in the skate park, and this is just funding to keep the dream alive out there. Thank you. I'm asking for my colleagues' support. CHR. KIMBALL: Thank you, Council Member Galimba. Any other discussion? Seeing none, all those in favor please say "aye." Page 36 Hawaii County Council-10 April 19,2023 Vote on Res. 108-23: The motion to adopt Res. 108-23 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: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. KIMBALL: Resolution 108-23 is adopted. Res. 109-23: 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 EXPENSES RELATING TO ITS 2023 REENTRY SUMMIT Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 202 Intr. by: Ms. Kimball Motion to Approve: Mr. Inaba moved to adopt Res. 109-23. Seconded by Ms. Galimba. CHR. KIMBALL: With the Council's approval, I'll just mention that we all support Going Home Hawaii and their excellent work. So, happy to provide support for their summit that they have coming up this fall. Any other discussion? Seeing none, all those in favor please say "aye." Vote on Res. 109-23: The motion to adopt Res. 109-23 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: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 37 Hawaii County Council-10 April 19,2023 Res. 110-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE GRASSROOTS COMMUNITY DEVELOPMENT GROUP FOR THE 2023 HILO LEI DAY FESTIVAL 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. 203 Intr. by: Ms. Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 110-23. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. Just asking for all your support for this important cultural event to be happening at Kalakaua Park on Monday, May 1st from ten to two. You're all invited. I hope you can be there, and looking forward to seeing you. Happy to support this event. Thank you. CHR. KIMBALL: Thank you, Council Member Kagiwada. Any other discussion? Seeing none, all those in favor please say "aye." Vote on Res. 110-23: The motion to adopt Res. 110-23 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: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. KIMBALL: Resolution 110-23 is adopted. Page 38 Hawaii County Council-10 April 19,2023 Res. 111-23: 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 2); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 204 Intr. by: Ms. Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 111-23. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: Just looking for all your support. Thank you. CHR. KIMBALL: Any further discussion? Hearing none, all those in favor please say "aye." Vote on Res. 111-23: The motion to adopt Res. 111-23 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: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. KIMBALL: Resolution 111-23 is adopted. Res. 112-23: 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 WAIAKEA HIGH SCHOOL PARENT TEACHER STUDENT ASSOCIATION FOR THE 2023 WAIAKEA HIGH SCHOOL PROJECT GRAD NIGHT Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 205 Intr. by: Ms. Kagiwada Page 39 Hawaii County Council-10 April 19,2023 Motion to Approve: Ms. Kagiwada moved to adopt Res. 112-23. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. I'm supporting this effort. Even though the school itself is not in my district, many of the students who attend there are in my district. So, looking for your support. Thank you. CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. Thank you. As a former alumni of Waiakea High School, I really do appreciate your generosity, Ms. Kagiwada. Just as a highlight, this year is my son's graduating class. So I really do appreciate your contingency money for this year's class of 2023. I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Any other discussion? Hearing none, all those in favor please say "aye." Vote on Res. 112-23: The motion to adopt Res. 112-23 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: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. KIMBALL: Resolution 112-23 is adopted. Congratulations to all of our future graduates of Waiakea High. Res. 113-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOSPICE OF HILO FOR ITS 19TH ANNUAL CELEBRATION OF LIFE Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 206 Intr. by: Ms. Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 113-23. Seconded by Ms. Galimba. Page 40 Hawaii County Council-10 April 19,2023 CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: Thank you. Just looking for your support so I can support the Hospice of Hilo and its 19'h Annual Celebration of Life event. Thank you so much. CHR. KIMBALL: Thank you, Council Member Kagiwada. Any further discussion? Hearing none, all those in favor please say "aye." Vote on Res. 113-23: The motion to adopt Res. 113-23 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: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. KIMBALL: Resolution 113-23 is adopted. Res. 114-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF THE FUTURE TO ASSIST WITH EXPENSES RELATED TO THE RESTORATION OF THE BOND MEMORIAL PUBLIC LIBRARY IN NORTH KOHALA Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 207 Intr. by: Ms. Evans Motion to Approve: Ms. Evans moved to adopt Res. 114-23. Seconded by Ms. Villegas. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. I ask for your support and want to shout-out to the volunteers who spent, I think, 15 or 20 years working with the bond estate and all the heirs. There were many heirs that had some title to this property, and it's a very old library built in the early 1900s, I believe. But their work and their commitment, the volunteers in the pro bono work, is over the top. However, we know that the materials are very expensive. And so this will really help with the material cost that they're going to be incurring, so I ask for your support. Page 41 Hawaii County Council-10 April 19,2023 CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? Hearing none, all those in favor please say "aye." Vote on Res. 114-23: The motion to adopt Res. 114-23 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: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. KIMBALL: Resolution 114-23 is adopted. Res. 115-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOSPICE OF HILO FOR ITS 19TH ANNUAL CELEBRATION OF LIFE EVENT Transfers $2,000 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. 208 Intr. by: Ms. Kimball Motion to Approve: Mr. Inaba moved to adopt Res. 115-23. Seconded by Ms. Villegas. CHR. KIMBALL: Just joining my colleague Council Member Kagiwada in supporting this wonderful event provided by Hospice of Hilo, and I ask for your support. Any further discussion? Hearing none, all those in favor please say Ic aye. Vote on Res. 115-23: The motion to adopt Res. 115-23 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: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 42 Hawaii County Council-10 April 19,2023 Res. 124-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE GRASSROOTS COMMUNITY DEVELOPMENT GROUP FOR THE 2023 HILO LEI DAY FESTIVAL AT KALAKAUA PARK Transfers $2,000 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. 222 Intr. by: Ms. Kimball Motion to Approve: Mr. Inaba moved to adopt Res. 124-23. Seconded by Ms. Kagiwada. CHR. KIMBALL: Just supporting this event as well, and hopefully, we will see you all there. Any further discussion? Hearing none, all those in favor please say Ic aye. Vote on Res. 124-23: The motion to adopt Res. 124-23 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: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. KIMBALL: Resolution 124-23 is adopted. Res. 125-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ST. AUGUSTINE'S EPISCOPAL CHURCH IN NORTH KOHALA TO ASSIST WITH EXPENSES RELATED TO ITS MONTHLY COMMUNITY MEAL PROGRAM Transfers $1,800 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 223 Intr. by: Ms. Evans Motion to Approve: Ms. Evans moved to adopt Res. 125-23. Seconded by Mr. Inaba. Page 43 Hawaii County Council-10 April 19,2023 CHR. KIMBALL: Council Member Evans. MS. EVANS: It's kind of self-explanatory. I ask for your support. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Any other discussion? Seeing none, all those in favor please say "aye." Vote on Res. 125-23: The motion to adopt Res. 125-23 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: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. KIMBALL: Resolution 125-23 is adopted. Res. 126-23: 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 NORTH KOHALA COMMUNITY RESOURCE CENTER TO ASSIST WITH EXPENSES RELATED TO THE KOHALA RIDE WILD CLUB IN NORTH KOHALA Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 224 Intr. by: Ms. Evans Motion to Approve: Ms. Evans moved to adopt Res. 126-23. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. Colleagues, I ask for your support. This program has been around for several years, and people really rave about it. It really focuses on our at-risk youth and gets them out. They get to work with and be around animals, which we know can be very healing. The other thing that wasn't written in the resolution, they actually offer for veterans who have post-traumatic stress syndrome. They can actually go out, and they work with them and ride the horses and have that experience with the animals. So ask for your support. CHR. KIMBALL: Thank you, Council Member Evans. Any further discussion? Seeing none, all those in favor please say "aye." Page 44 Hawaii County Council-10 April 19,2023 Vote on Res. 126-23: The motion to adopt Res. 126-23 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: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. KIMBALL: Resolution 126-23 is adopted. Res. 127-23: 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 NORTH KOHALA COMMUNITY RESOURCE CENTER TO ASSIST WITH EXPENSES RELATED TO THE NORTH KOHALA COMMUNITY EMERGENCY RESPONSE TEAM Transfers $5,100 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Hawaii Fire Department, Fire Operations Other Current Expenses account. Reference: Comm. 225 Intr. by: Ms. Evans Motion to Approve: Ms. Evans moved to adopt Res. 127-23. Seconded by Ms. Villegas. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. The community at the north end of the island in Hawi and Kapa`au are very passionate about the need to be prepared and do believe that they have to take care of themselves if there is a disaster. I have to applaud them because they're a very active group. I ask for your support. CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? Seeing none, all those in favor please say "aye." Page 45 Hawaii County Council-10 April 19,2023 Vote on Res. 127-23: The motion to adopt Res. 127-23 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: Council Member Kaneali`i-Kleinfelder– 1. Excused: None. CHR. KIMBALL: Resolution 127-23 is adopted. Res. 128-23: 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 WAIMEA PRESERVATION ASSOCIATION TO ASSIST WITH EXPENSES RELATED TO ITS ARCHIVAL PRESERVATION PROJECT Transfers $4,708 from the Clerk-Council Services –Contingency Relief account (Council District 9); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 226 Intr. by: Ms. Evans Motion to Approve: Ms. Evans moved to adopt Res. 128-23. Seconded by Ms. Villegas. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. Colleagues, I really ask for your support on this one. There's some old buildings and a long paniolo history in Waimea. And there's this building built in 1915 and a community group that wants to preserve the heritage of Waimea. And over the years, they have collected volumes of pictures and archival documents that have been given to them by families whose, you know, it's generational stuff passed down. And now, there's this collection of all this paper. And so this project is to work with the local high school—we're looking at the charter school—and getting some of our youth to come in as a civic project and to work with a teacher. What they will do is they will archive these documents into a digital format. We have Momi Naughton, for those that are familiar with the heritage center in Honoka`a. She's been an advisor on this. And so we're very excited about not losing these 50-, 60-year-old documents at minimum. And then the ultimate goal is to encourage the community to keep dropping off their old documents and pictures that might be so we can preserve the history of Waimea. So I ask for your support. Page 46 Hawaii County Council-10 April 19,2023 CHR. KIMBALL: Thank you, Council Member Evans. Any additional discussion? Seeing none, all those in favor please say "aye." Vote on Res. 128-23: The motion to adopt Res. 128-23 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: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. KIMBALL: Resolution 128-23 is adopted. Res. 129-23: 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 NORTH KOHALA COMMUNITY RESOURCE CENTER TO ASSIST WITH EXPENSES RELATED TO THE KOHALA HIGH SCHOOL PROJECT GRAD NIGHT Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 227 Intr. by: Ms. Evans Motion to Approve: Ms. Evans moved to adopt Res. 129-23. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Evans. MS. EVANS: Members, self-explanatory. I ask for your support. CHR. KIMBALL: Thank you, Council Member Evans. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 129-23: The motion to adopt Res. 129-23 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: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 47 Hawaii County Council-10 April 19,2023 CHR. KIMBALL: Resolution 129-23 is adopted. Res. 130-23: 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 WAIMEA ARTS COUNCIL TO ASSIST WITH EXPENSES RELATED TO MAINTAINING THE FIREHOUSE GALLERY Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 228 Intr. by: Ms. Evans Motion to Approve: Ms. Evans moved to adopt Res. 130-23. Seconded by Ms. Villegas. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. In Waimea, if you go into town, there's these old buildings on the corner. One building has been leased at a very low rent to the Waimea Arts Council. And what it is, it's a place that all the artists around the area can sell their goods. They can come in and also display their art. That program is run by volunteers. The building is really old. There's been some problems with wiring and some water leaks and stuff. And talking with our Parks Department is very difficult for them in terms of keeping these very old buildings maintained. So this will help them do the minimum to guarantee that the artwork is safe. So I ask for your support. CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 130-23: The motion to adopt Res. 130-23 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: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. KIMBALL: Resolution 130-23 is adopted. Page 48 Hawaii County Council-10 April 19,2023 Res. 131-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF THE LIBRARY—WAIKOLOA REGION TO ASSIST WITH EXPENSES RELATED TO ITS ANNUAL SUMMER READING PROGRAM Transfers $800 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 229 Intr. by: Ms. Evans Motion to Approve: Ms. Evans moved to adopt Res. 131-23. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Evans. MS. EVANS: Members, I ask for your support. I think it's self-explanatory. Thank you. CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 131-23: The motion to adopt Res. 131-23 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: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. KIMBALL: Resolution 131-23 is adopted. That takes us now to the last item on our agenda. 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.) ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): (Note: Items in this category were taken up previously, out of order.) Page 49 Hawaii County Council-10 April 19,2023 REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: Comm. 230: JOHN GOODMAN V. COUNTY OF HAWAII, ET. AL.; CIVIL CASE 3CCV-22-0000399 From Deputy Corporation Counsel Section Chief Laureen L. Martin, dated April 6, 2023, requesting an attorney-client confidential discussion to consult with the Council regarding the above-referenced lawsuit, including discussion regarding settlement. Motion to Close Mr. Inaba moved to close file on Comm. 230. Seconded by File: Ms. Galimba. CHR. KIMBALL: Discussion? MS. LEE LOY: Chair? CHR. KIMBALL: Council Member Lee Loy. MS. LEE LOY: Thank you. I know this is an opportunity for us to get into Executive Session; however, I'm looking at the background material, and I'm fine with accepting the recommendation of Corporation Counsel. Not necessary for us to get into Executive Session if the rest of my colleagues agree. CHR. KIMBALL: Thank you, Council Member Lee Loy. Any further discussion? Council Member Inaba. MR. INABA: I concur with Council Member Lee Loy. CHR. KIMBALL: Council Member Evans. MS. EVANS: Well, this is the first time I've seen something like this, and it is a court case, a civil case. I'm just kind of looking at my colleagues in terms of what past practices are. So if they make a recommendation, I mean that probably says something, that they've been through this before. So I'm kind of on the fence. I don't know if I should support this or not, you know, if we should go into ExecutiveI don't know. So I'm kind of uncertain, and so I look for some guidance from my colleagues. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Anyone willing to provide additional guidance to Council Member Evans? I'll just chime in that if there are questions about the case that you feel you want to explore a little bit more with our Corporation Counsel, we need to go into Executive Session to do so. If you are comfortable with the recommendation that is provided in your packet, we can just move forward without going into Executive Session. So, at Page 50 Hawaii County Council-10 April 19,2023 this point in time, both Council Member Lee Loy and Council Member Inaba had indicated that they're comfortable with the recommendation. I am comfortable with the recommendation as well and don't feel the need to have further explanation from Corporation Counsel. I will put it out again to anyone else: If there's a need for Executive Session, we can certainly do that. Up to folks. Go ahead, Council Member Galimba. MS. GALIMBA: Thank you. I'm okay with it but I definitely want to make sure if Council Member Evans has any questions, I'm perfectly happy to go into Executive Session as well to make sure you get the answers you want. MS. VILLEGAS: I agree with my colleagues who expressed their willingness to accept the opinion of Corporation Counsel and not need to go into Executive Session. So, yeah, that's just my mana`o on that. CHR. KIMBALL: Thank you, Council Member Villegas. Council Member Kagiwada. MS. KAGIWADA: I concur. I'm willing to go ahead with Corporation Counsel's recommendation here. CHR. KIMBALL: Thank you. At this time, I'd like to request that Council Member Inaba amend the motion to say, "close file on Communication 230 and accept the recommendation of Corporation Counsel." MR. INABA: Yes. Shall I state it? Okay. I'm amending my motion. So my motion is to close file on Communication 230 and accept the recommendation of Corporation Counsel on Civil Case 3CCV-22-0000399. Amended Motion Mr. Inaba moved to concur with the recommendation of to Concur: Corporation Counsel regarding Comm. 230. Seconded by Ms. Galimba. CHR. KIMBALL: Any discussion? Okay, seeing none, all those in favor please say "aye." Vote on Amended The motion to concur with the recommendation of Motion to Concur: Corporation Counsel regarding Comm. 230 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: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 51 Hawaii County Council-10 April 19,2023 MR. HENRICKS: I realize the motion was amended, but we did have an original motion to close file. It'd just be cleaner just to vote on that. Just dispose of it just to be CHR. KIMBALL: Okay, we will also vote on the motion to just close the file. All those in favor please say "aye." Vote on Motion to The motion to close file on Comm. 230 was carried by the Close File: following voice vote: (Approved) Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (Note: Items in this category were taken up previously, out of order.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. CHR. KIMBALL: All right. I know we have a couple of announcements from Council Member Lee Loy before we take a motion to adjourn. Council Member Lee Loy. MS. LEE LOY: Thank you, Chair, and thank you for the latitude of announcements. This month, April, is Autism Awareness Month, and this Saturday will be the second annual Hele for Autism Resource Fair. It's an annual walk to raise money and provide families with opportunities to engage with different services for all of those in our special needs community. It begins at 9 a.m. at Wailoa State Park, and I encourage all my colleagues to attend here on the east side. And at the request of our good friend Lieutenant Governor Sylvia Luke, over on the Kona side we have the Hawaii Island Early Childhood Symposium "Ready to Thrive." Our Lieutenant Governor Sylvia Luke will be the keynote speaker and will share the State's "Ready Keiki" campaign program for universal access to our preschools across the State. So we've got two wonderful programs that touch our keiki here on the east side and over on the west side. Chair, thank you for the latitude to share those announcements. Page 52 Hawaii County Council-10 April 19,2023 CHR. KIMBALL: Thank you so much for bringing those to our attention. Council Member Inaba has an announcement as well. MR. INABA: Thank you, Chair. Just wanting to recognize one of our good friends who is going to be leaving us. This is her last Kona meeting joining us. So to our good friend Nora back here who always takes care of us and ensures our meetings run nice and smooth, we'll miss you. And we thank you for all your years of service to the County and your continued service to the County. Thank you, Nora. CHR. KIMBALL: Thank you, Council Member Inaba. Mr. Clerk, go ahead. MR. HENRICKS: Well, I was going to do that. Mr. Inaba kind of stole every word I was going to say, except for the fact we're actually not going to miss her at all. No just kidding. Nora's been my travel buddy for a couple years now. Yeah, for a long time we've been doing this together. So I wish her well. I know she's going to do very well as she moves along and continues. Incidentally, it's also her 39th birthday today so that's fun. Happy Birthday. It's not her birthday. Thank you so much. CHR. KIMBALL: Thank you, Mr. Clerk. And I just want to say, Nora, I didn't tell them to say anything. She specifically told me this morning, "Do not say anything." I guess she didn't talk to you folks. MR. HENRICKS: We would have done it anyway. CHR. KIMBALL: It wasn't me. I apologize but we are going to miss you. Thank you for all your years of service with the legislative branch. Council Member Villegas. MS. VILLEGAS: I just wanted to wish everybody an amazing Earth Day weekend. We have an opportunity to gather at Kohanaiki Beach Park and celebrate the 25h Annual Keiki Surf of the Earth and Beach Cleanup. There's a legacy and lineage associated with the surf contest and Kohanaiki Beach Park. I'm really grateful to get to participate personally. If any of you happen to be on this side, please come down, say hello. It's going to be a magnificent day with educational opportunities, cultural opportunities, water sports activities, and just a really powerful reconnection and highlighting of the legacy of aloha and leadership. The case associated with Kohanaiki is actually kind of one of the predominant cases establishing Native Hawaiian law, which is what we all have the opportunity and privilege to uphold as we sit here. So thank you to all of our predecessors for making this possible. I hope everyone enjoys an opportunity to Page 53 Hawai`i County Council-10 April 19,2023 gather and reconnect and realign with however and wherever and whomever gets you grounded and reconnected to this incredible planet we are so privileged to call home. With that I yield. CHR. KIMBALL: Thank you, Council Member Villegas. I see your light on again, Council Member Lee Loy. MS. LEE LOY: I wanted to walk back to share my congratulations to our good friend Nora. I don't think many of you know, but Nora and I used to work together way back in the late '80s and the early '90s. She was over at C. Brewer (and Company, Limited) while I was over at PBR(Hawai`i and Associates, Incorporated), and I've always relied on Nora. She is highly competent and effective and efficient. It's some big shoes that we need to fill with her leaving. But congratulations,Nora. Everything you set out to do, you absolutely crush it. Thanks, Chair. CHR. KIMBALL: Thank you, Council Member Lee Loy. I just want to make one more comment. I want to congratulate our colleague Council Member Ashley Kierkiewicz for the completion of her first half marathon. Well done. Now you can outrun all of us. So hopefully we're not in a situation where that has to happen. Congratulations. I hope you had a wonderful time and what a thing to be proud of. So,with that, I will take a motion to adjourn. ADJOURN- There being no further business, at 11:50 a.m., Mr. Inaba moved to adjourn the MENT: meeting. Seconded by Ms. Evans and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. KIMBALL: We are adjourned. The time is 11:50 a.m. Thank you, everyone. Well done. JUN 0 7 2023 Council Approval: CO -- JH/dg Page 54