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HomeMy WebLinkAboutMIN COUNCIL 2023-08-16 2022-2024 Hawaii County Council 201h Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii August 16, 2023 INVOCATION: Rabbi Levi Gerlitzky of Chabad Jewish Center gave the morning's invocation. (Note: At this time, a moment of silence was observed for the lives lost in the recent wildfire in Lahaina, on the island of Maui.) CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:08 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 Ms. Ashley L. Kierkiewicz, Member Ms. Susan L. K. Lee Loy, Member Ms. Rebecca Villegas, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, County Clerk Jon Henricks led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions, MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (There were none.) EXPRESSIONS OF CONDOLENCE: Hawaii County Council-20 August 16,2023 STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Rose Riley: Bill 56, Draft 2 (Comm. 362.19), comment. Les Estrella: Res. 224-23 (Comm. 398), in support. (representing Going Home Hawaii) Eileen O'Hara: Bill 56, Draft 2 (Comm. 362.19), in support. APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Vote on Approval Ms. Lee Loy moved to approve the Minutes of June 7 and of Minutes: June 21, 2023. Seconded by Mr. Inaba and carried by the (Approved) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 207-23: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO KOHANAIKI `OHANA Approves a grant of$38,220 to Kohanaiki `Ohana, a 501(c)(3)nonprofit organization, to protect,preserve, and restore the `O`oma Beach property in North Kona(Tax Map Key: 7-3-009:004), pursuant to Section 10-16(h) of the Hawaii County Charter. Reference: Comm. 374 Intr. by: Mr. Inaba Approve: LAAC-25 Motion to Approve: Mr. Inaba moved to adopt Res. 207-23 and Legislative Approvals and Acquisitions Committee Report No. 25. Seconded by Ms. Villegas. Page 2 Hawaii County Council-20 August 16,2023 CHR. KIMBALL: Council Member Inaba. MR. INABA: No discussion. I ask for your support. Mahalo. CHR. KIMBALL: Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 207-23: The motion to adopt Res. 207-23 and Legislative (Adopted) Approvals and Acquisitions Committee Report No. 25 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Resolution 207-23 is adopted. Res. 208-23: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO HAWAII WILDLIFE FUND Approves a grant of$15,748 to Hawaii Wildlife Fund, a 501(c)(3) nonprofit organization, for protection of native wildlife and preservation of the Kahuku Coastal Property in Ka`u (Tax Map Key: 9-2-001:075), pursuant to Section 10-16(h) of the Hawaii County Charter. Reference: Comm. 375 Intr. by: Ms. Galimba Approve: LAAC-26 Motion to Approve: Ms. Galimba moved to adopt Res. 208-23 and Legislative Approvals and Acquisitions Committee Report No. 26. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Galimba. MS. GALIMBA: I just ask for my fellow Council Members' continued support of this resolution. Thank you. CHR. KIMBALL: Thank you, Council Member. Any additional discussion? Seeing none, all those in favor please say "aye." Page 3 Hawaii County Council-20 August 16,2023 Vote on Res. 208-23: The motion to adopt Res. 208-23 and Legislative (Adopted) Approvals and Acquisitions Committee Report No. 26 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Resolution 208-23 is adopted. Res. 209-23: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES (Draft 2) PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO HO`OMALU KA`U Approves a grant of$28,000 to Ho`omalu Ka`u, a 501(c)(3)nonprofit organization, for public safety maintenance and preservation of the Kahua `Olohu,property in Ka`u (Tax Map Key: 9-5-012:005),pursuant to Section 10-16(h) of the Hawaii County Charter. Reference: Comm. 376.2 Intr. by: Ms. Galimba Approve: LAAC-27 Motion to Approve: Ms. Galimba moved to adopt Res. 209-23, Draft 2, and Legislative Approvals and Acquisitions Committee Report No. 27. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Galimba. MS. GALIMBA: Again, I ask 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." Vote on Res. 209-23: The motion to adopt Res. 209-23, Draft 2, and Legislative Draft 2 Approvals and Acquisitions Committee Report No. 27 was (Adopted) carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Page 4 Hawaii County Council-20 August 16,2023 CHR. KIMBALL: Resolution 209-23, Draft 2, is adopted. Res. 210-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT IN THE GEOTHERMAL RELOCATION AND COMMUNITY BENEFITS FUND TO HIRE SECURITY FOR ISAAC KEPO`OKALANI HALE BEACH PARK Transfers $400,000 from the Geothermal Other Current Expenses account; and credits the Geothermal Parks and Recreation Other Current Expenses account to allow for the continuation of around-the-clock security services. Reference: Comm. 378 Intr. by: Ms. Kierkiewicz Approve: FC-61 Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 210-23 and Finance Committee Report No. 61. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Just for members of the viewing public, Council District 4 is host to the Puna geothermal operations, and there is a State statute that directs royalty money to DLNR (Department of Land and Natural Resources), our County, and the Office of Hawaiian Affairs. In 2008, a section of Code was created to establish the Geothermal Relocation and Community Benefits Fund, which provides criteria for how these royalties are used to benefit the Lower Puna community. This is one way in which we are working to support Lower Puna by providing 24/7 security at Isaac Kepo`okalani Hale Beach Park. So I just ask my colleagues for their continued support so that this important resource can be provided to the residents of Lower Puna. Thank you, Chair, I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Any additional discussion? Seeing none, all those in favor please say "aye." Vote on Res. 210-23: The motion to adopt Res. 210-23 and Finance Committee (Adopted) Report No. 61 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Page 5 Hawaii County Council-20 August 16,2023 CHR. KIMBALL: Resolution 210-23 is adopted. Res. 211-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES Allows for the receipt of$350,000 in federally-derived funds, which would be used to develop a Priority Climate Action Plan and a Comprehensive Climate Action Plan in coordination with the State Climate Change Mitigation and Adaptation Commission. Reference: Comm. 381 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-62 Vote on Res. 211-23: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 211-23 and (Adopted) Finance Committee Report No. 62. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Resolution 211-23 is adopted. Res. 212-23: EXTENDS ONE TEMPORARY POSITION FOR THE DEPARTMENT OF RESEARCH AND DEVELOPMENT Seeks to extend the Economic Development Specialist III position for an additional three months to oversee Kuleana Health program activities and complete associated reports. Reference: Comm. 382 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-63 Page 6 Hawaii County Council-20 August 16,2023 Vote on Res. 212-23: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 212-23 and (Adopted) Finance Committee Report No. 63. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Resolution 212-23 is adopted. Res. 215-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HULIAUAPA`A FOR THE REVITALIZATION OF THE WAHI KUPUNA KAHALU'U FIELD SYSTEM Transfers $6,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 385 Intr. by: Mr. Inaba Motion to Approve: Mr. Inaba moved to adopt Res. 215-23. Seconded by Ms. Villegas. CHR. KIMBALL: Mr. Inaba. MR. INABA: Thank you. Just ask for my colleagues' support. They do have a fiscal sponsor for this resolution. But, in the process, they are working to set up their own 501(c)(3) in working to restore wahi kupuna field systems in Kahalu`u mauka here in Kona. So I ask for your support. Mahalo. CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 215-23: The motion to adopt Res. 215-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Page 7 Hawaii County Council-20 August 16,2023 CHR. KIMBALL: Resolution 215-23 is adopted. Res. 216-23: 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 CELEBRATE `OHANA FESTIVAL IN WEST HAWAII Transfers $4,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 386 Intr. by: Mr. Inaba Motion to Approve: Mr. Inaba moved to adopt Res. 216-23. Seconded by Ms. Villegas. CHR. KIMBALL: Mr. Inaba. MR. INABA: Thank you. Just want to let the public know, if you want to put on your calendars December 9, 2023. It's going to be the Celebrate `Ohana Festival at the Old Kona Airport, put on by the Puakalehua Early Learning Consortium. There's going to be free events and activities for keiki and `ohana. So December 9, 2023. We hope to see you there. Mahalo. CHR. KIMBALL: Thank you, Vice Chair Inaba. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 216-23: The motion to adopt Res. 216-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Resolution 216-23 is adopted. Page 8 Hawaii County Council-20 August 16,2023 Res. 217-23: 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 FIRST RESPONDERS FOR ITS GRIN CRISIS INTERVENTION TRAINING IN WEST HAWAII 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. 387 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 217-23. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Villegas. MS. VILLEGAS: I just ask for the support of my colleagues. This timing for the CRF (Contingency Relief Fund) funding to support first responders on this island seems really poignant with the heartache and the pain and the hard work that the first responders in Maui are enduring right now. I am very grateful for this opportunity to support everyone in this field. And I believe that this investment will have ripple effects that will positively be able to support those in other communities navigating times of such pain and crisis. So thank you all for your support. I yield. CHR. KIMBALL: Thank you, Council Member Villegas. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. I just want to mahalo my colleagues from Kona for their contribution to this organization. Our office is also going to be contributing $10,000 to a project that's coming up. It's so important to not just embrace our first responders, but their `ohana as well. That's their foundation. That's their rock that makes sure that these folks can keep on going in serving our community. And I just want to acknowledge all of the work that Pastor Renee Godoy and her team are doing. This is exactly the kind of thing we want to see: government and community working in partnership. So, definitely want to be seeing and supporting more of this. Thank you so much for your k6kua. I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else? I'll just quickly add that we had done a CRF to Friends of First Responders last fiscal year, and we just got the report back from Pastor Renee. The program that we supported actually had so many people, they had to turn folks away. It was really great speaking with her about how meaningful the training was. It was peer-to- peer training. And so just happy to see my colleagues continuing to support the Page 9 Hawaii County Council-20 August 16,2023 efforts of this group, because I think it's one that is very successful at what they're trying to do. So thank you for putting this forward, Council Member Villegas. With that, we'll go to the vote. All those in favor please say "aye." Vote on Res. 217-23: The motion to adopt Res. 217-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball–9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Resolution 217-23 is adopted. Res. 218-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR THE 37TH ANNUAL BIG ISLAND PRO-AM SURFING TRIALS Transfers $3,000 from the Clerk-Council Services –Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 389 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 218-23. Seconded by Ms. Villegas. CHR. KIMBALL: Council Member. MR. KANEALI`I-KLEINFELDER: Just a really neat event, and glad to be a part of it. Thank you. CHR. KIMBALL: Thank you, Council Member. Any other discussion? Council Member Kagiwada. MS. KAGIWADA: Thanks for jumping in to support this event. I think it's a cool event too. We supported it. Have you had any inkling if any waves are coming? What's going on? MR. KANEALI`I-KLEINFELDER: No. I don't surf as much as I used to, and I'm not really aware. But I just—when I was in the water a lot, I remember going down on days when this event was being held and being bummed out because you Page 10 Hawaii County Council-20 August 16,2023 couldn't go out. You had to sit on the shore and wait for the openings. But I just remembered kind of the joy and the feeling from all the young kids trying to get out there and get up so they can move on to different areas, like Oahu, and go to different levels. And I don't know but, yeah, you know, long story short. MS. KAGIWADA: Yeah. All right. I hope the waves come. Thanks. I'll support. CHR. KIMBALL: Thank you, Council Member Kagiwada. Yeah, I've been driving by every day myself, going, "Is today the day,"but nothing yet. Okay, great. Any other discussion? Seeing none, all those in favor please say "aye." Vote on Res. 218-23: The motion to adopt Res. 218-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Resolution 218-23 is adopted. Res. 222-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO WAIMEA COMMUNITY ASSOCIATION TO SUPPORT THE 2023 WAIMEA CHRISTMAS TWILIGHT PARADE Transfers $4,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 393 Intr. by: Ms. Kimball Motion to Approve: Mr. Inaba moved to adopt Res. 222-23. Seconded by Ms. Lee Loy. CHR. KIMBALL: Any discussion? Go ahead, Council Member. MR. KANEALI`I-KLEINFELDER: I just like your number. It's a good number. CHR. KIMBALL: Thank you. All right, any other discussion? I just ask for my colleagues' support on this. Thank you. All right, all those in favor please say Ic aye. Page 11 Hawaii County Council-20 August 16,2023 Vote on Res. 222-23: The motion to adopt Res. 222-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Resolution 222-23 is adopted. Res. 224-23: 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 REENTRY AND RESTORATION SUMMIT IN KAILUA-KONA Transfers $5,000 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. 398 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 224-23. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Villegas. MS. VILLEGAS: I just ask for my colleagues' support for this event that's coming up, and should any of you have time. It sounds like it's full, but I think it's going to be a powerful opportunity to get those working with a lot of the challenges that are intrinsically connected in the web of our houseless issues, and trying to mitigate the circumstances that surround those who find themselves coming out of incarceration or long-term hospitalization. And in order to ensure that they don't find themselves on the streets and they receive all the support they need. So thank you, Les, for putting this together. It's an honor to support it. I yield. CHR. KIMBALL: Thank you, Council Member Villegas. Any additional discussion? Seeing none, all those in favor please say "aye." Page 12 Hawaii County Council-20 August 16,2023 Vote on Res. 224-23: The motion to adopt Res. 224-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Resolution 224-23 is adopted. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): Bill 59: AMENDS CHAPTER 19, ARTICLE 10, SECTION 19-71, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO HOME EXEMPTIONS Amends subsection (d) by adding an age range of 75 years of age or over but not 80 years of age or over for a$110,000 exemption and adding an exemption of $125,000 for taxpayers 80 years of age or over. Reference: Comm. 371 Intr. by: Ms. Evans Approve: FC-64 Motion to Approve: Ms. Evans moved to pass Bill 59 on first reading and adopt Finance Committee Report No. 64. Seconded by Ms. Kierkiewicz. CHR. KIMBALL: Council Member Evans, discussion? The floor is yours. MS. EVANS: Thank you. I ask my members for a favorable vote on this. I think it's really important. As we age, we go on fixed incomes, and with the inflation that we're having, it's just unbelievable how much it's costing. And I've heard from so many people over the age of 80 how their lives are truly being impacted by this inflation. So this is a little attempt to help those that still live at home and want to keep their home. And I again ask for your favorable vote. Thank you. CHR. KIMBALL: Thank you, Council Member. Any additional discussion on this item? Council Member Galimba. MS. GALIMBA: I just want to thank Council Member Evans again for introducing this bill. Page 13 Hawaii County Council-20 August 16,2023 CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Last year before Mr. Chung left, he put a bill forward. I looked at him and I said I think we should go higher, and he actually said, "I think we should go higher too." I know we heard not loving comments from our Finance Director, but I'd like to see you push the envelope on that max exemption for the plus-80 category a little bit more, and give it a shot. I thought you were going to bring an amendment forward today. I'd love to see that. Thank you. I support the bill. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Anyone else? Council Member Evans. MS. EVANS: I want to thank my colleagues for that. This will definitely reduce revenue, they're estimating, by 400,000. I do have some other pieces of legislation I'm considering that would, I hope, help people that are over 80 that still live in their home. There might be some other ways to address that, and I am looking at other pieces of legislation other than just this one, but thank you. CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? Okay, I'd just like to make a quick comment on the future legislation. I actually got some feedback from folks that said, "Oh, my income is fine. I'm happy to pay. Is there a way for me to opt out?" And so, the way the program works now is that the RPT (Real Property Tax) has your birthdate in there. You automatically get that exemption. So, looking forward, I think it might be reasonable to include an opportunity for people to opt out if they don't feel like they need the benefit of that tax reduction. Additionally, I know Council Member Lee Loy has introduced, in the past, some language around residency requirements and things like that, which I think is still something that this body is interested in pursuing. So I thank the author of this particular bill, but I think there continues to be some areas that we can work on to tweak this even further. So I encourage the body to consider some of those options. With that, any other discussion? Seeing none, all those in favor please say "aye." Vote on Bill 59: The motion to pass Bill 59 on first reading and adopt (Approved) Finance Committee Report No. 64 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Page 14 Hawaii County Council-20 August 16,2023 CHR. KIMBALL: Bill 59 is approved at first reading. Bill 60: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2024 Appropriates revenues in the Federal Grants —Climate Pollution Reduction Grant account($350,000); and appropriates the same to the Climate Pollution Reduction Grant account to develop a Priority Climate Action Plan and a Comprehensive Climate Action Plan in coordination with the State Climate Change Mitigation and Adaptation Commission. Reference: Comm. 381 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-65 Vote on Bill 60: Mr. Kaneali`i-Kleinfelder moved to pass Bill 60 on first (Approved) reading and adopt Finance Committee Report No. 65. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Bill 60 is approved at first reading. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): Page 15 Hawaii County Council-20 August 16,2023 Bill 53: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2024 Appropriates revenues in the Federal Housing and Urban Development— Community Project Funding Kukuiola account($10,000,000); and appropriates the same to the following Housing and Urban Development—Community Project Funding Kukuiola programs: Program account($9,500,000) and Administration account($500,000). Funds would be used to support the planning, design, and construction cost of the Kukuiola Assessment Center and Emergency Shelter in North Kona. Reference: Comm. 358 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: August 2, 2023 Vote on Bill 53: Mr. Kaneali`i-Kleinfelder moved to pass Bill 53 on second (Adopted) and final reading. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Bill 53 is adopted at second and final reading. Bill 54: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2024 Appropriates revenues in the Hawaii Community Foundation—Financial Empowerment Services (Private) account($200,000); and appropriates the same to the Hawaii Community Foundation—Financial Empowerment Services —Program account. Funds would be used to support no-cost financial and homeownership counseling provided by the United States Department of Housing and Urban Development. Reference: Comm. 359 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: August 2, 2023 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 54 on second and final reading. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. Page 16 Hawaii County Council-20 August 16,2023 MR. KANEALII-KLEINFELDER: Thank you, Chair. There was good discussion on this in Committee. I just wanted to go back, looking at the notes. I really cannot stress enough. I had a long conversation with someone this morning regarding adding financial literacy for our youth so they understand the financial world and can make headway and become strong members of our community. I cannot highlight that enough. And I really do hope that that comment was taken to heart by the department. Thank you. CHR. KIMBALL: Thank you, Council Member. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Bill 54: The motion to pass Bill 54 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Bill 54 is adopted at second and final reading. Bill 55: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2024 Increases revenues in Federal Grants —High Intensity Impact Grant account ($27,100); and appropriates the same to the High Intensity Impact Grant account. These additional funds would be used by the Hawaii Police Department for overtime, travel, training, services, and equipment needed for operations to investigate drug related cases. Reference: Comm. 360 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: August 2, 2023 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 55 on second and final reading. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Just look for everyone's support on this, and thanks to the department for having their representative here today. Thank you. CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in favor please say "aye." Page 17 Hawaii County Council-20 August 16,2023 Vote on Bill 55: The motion to pass Bill 55 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Bill 55 is adopted at second and final reading. Bill 56: AMENDS CHAPTER 2, ARTICLE 47, OF THE HAWAII COUNTY CODE 1983 (Draft 2) (2016 EDITION, AS AMENDED), RELATING TO THE APPROPRIATION OF DISASTER RELIEF FUNDS FOR DAMAGES, LOSSES, AND SUFFERING CAUSED BY THE 2018 KILAUEA ERUPTION To establish standards for the appropriation of disaster relief funds that the County received, or may receive, for the purpose of providing relief, recovery, mitigation, and long-term resilience for disaster damages, losses, and suffering caused by the 2018 Kilauea eruption. Reference: Comm. 362.19 Intr. by: Ms. Kierkiewicz First Reading: August 2, 2023 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 56, Draft 2, on second and final reading. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. As the representative of District 4, my time here on the Council and serving community has really been focused on helping our district recover from the eruption; boots on the ground all the time. And so I often find myself kind of stepping above that, outside of the fray, to really understand all of the needs, but figuring out, based on the available resources we have, how we can best support community. And passing this bill will mean that more money can make it to community partners that are doing really significant and instrumental work to help Puna not just rebuild and recover but really charge forward. There was a request at first reading to take a look at the legislation that appropriated this funding to the County. Twenty million of it is a grant directly to the County. Forty million is a loan. And it's very simple. It notes that this funding is available to our County to provide relief, recovery, mitigation, and remediation assistance for disaster damage, losses, and suffering caused by the Kilauea eruption. This is language that we've already elevated into the bill. Page 18 Hawaii County Council-20 August 16,2023 We also looked at Committee reports for a little more information and potential guidance. And one thing that—I'm sorry. My colleagues on the Council are having a conversation; it's hard for me to focus. Thank you, Matt. I just really need the floor so I can explain this to our colleagues and community. The report notes that funds should be used to provide relief and repairs for homes, communities, businesses, farms, schools, cultural sites, water systems, electrical grids, roadways damaged or destroyed by the unprecedented volcanic eruption on the island. In a sense, everything that we are doing is supporting this, but I worry about including this exact and specific language, and wonder if it will pigeonhole us too much in trying to get money out the door. I've also asked our Recover Officer Douglas Le—he is on Zoom if folks have questions to pull up the first application process that we had used to see how did that team of grant evaluators make the distinction between applicants that were asking for funds, they were impacted by the eruption, versus requests that were so outrageous and clearly coming from folks that were not impacted by the eruption. So he's on and can provide a little bit more information. With everyone's support, I humbly ask that we adopt the bill as it is presented to you in our board. This provides the guidance that is necessary for our recovery team to move forward on advancing a second tranche of funding in community. Happy to answer any questions and appreciate everyone's continued support. I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council Member Evans. MS. EVANS: Thank you. Yes, I do have a question. I'm very impressed by the amount of research that was done. My big question is about you said there were evaluators, so I'm assuming the Federal and the State obviously have evaluations and evaluators. So your language isone of your reasons is to try to make sure that we're in alignment with the Federal and State Governments so that our nonprofits have better guidance so that they can qualify? MS. KIERKIEWICZ: Chair? Sorry, Council Member Evans, if you could just restate your question. I'm not exactly tracking here. MS. EVANS: Okay. I like this. I'm very supportive of it. With your research and your work with looking at the Federal and the State and the grants and the people that are giving out the funds, what I picked up in your conversation was there's evaluators that are looking to approve or disapprove these requests. And so some of the language that we're looking at is to really try to help give better guidance so they will qualify? MS. KIERKIEWICZ: Yes, that is correct. Page 19 Hawaii County Council-20 August 16,2023 MS. EVANS: Good. MS. KIERKIEWICZ: Yes. Thank you. MS. EVANS: Thank you. CHR. KIMBALL: Thank you, Council Member Evans and Council Member Kierkiewicz. Any other discussion? Council Member Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I pointed this out last time, and I cannot point this out strongly enough. We started with $20 million about five years ago, and we still get fourteen-point-something left. I'd love to see this happen. I'd really like to see the money get spent and put back into the community that suffers so much. And in looking at Maui, I really do hope that this situation we find ourselves in provides some clarity on what they shouldn't do or should do when they look at the funding that's going to start pouring into the community to support rebuild. Thank you. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. I did want to invite Mr. Le to add anything to the conversation before we go to a vote. Mr. Le, anything you'd like to add? (Note: At this time, Disaster Recovery Officer Douglas Le, Planning Department, came forward to address the members of the Council.) MR. LE: Good morning, Chair, Council Members. Douglas Le, Disaster Recovery Officer with the County of Hawaii. I really appreciate the robust discussion that we've had on this bill over the last several weeks. I think it's actually really helped us to refine the bill to be able to implement it, learn from our lessons from the first round to do it even better this next round. We ask for your support. I think, as many of the Council Members spoke to this morning, we really want to get these funds out to support folks who are still in recovery in our communities across Puna. I think a couple of quick points: When we are able to launch the grant program, we will have a staff team of grant reviewers following our standard procedures as a County, purviewing RFPs (Request for Proposals) and other kinds of grants. And that will be kind of the review body that recommends awards for grants. Our goal is to have the applications open the third week of September following your support in passing this bill, the time it needs to kind of work through the Page 20 Hawaii County Council-20 August 16,2023 process for it to become law, and for us to work with Corporation Counsel to finalize all the documentation we've already got in the works to launch this program. In the first week of the grant application process, we look to do a webinar for our folks in the community to connect and ask questions, how to clarify what we can. We're also looking to use our website to host frequently asked questions and other applicant information, so everyone really has that opportunity. And of course, we're here as well to answer questions that anyone may have along the way. Following what is planned to be a 30-day application period, we will be taking several weeks to review all the applications to make recommendations. And as this body is well aware, once there are filed recommendations from our department for grant awards out of this review process, grants under $25,000 can be awarded through Finance Director memo. Grants above that amount would come back to Council with a resolution that would also work through its process. Long story short, our ability to really work in a focused and intentional way over the next couple of months to get this grant program going could lead to awards and contracts towards the end of this calendar year. And so we know that it takes time to really work through this, and we appreciate everyone's kind of openness and patience as part of this application process. At the last Council meeting, we talked about the ability to leverage these resources from the State Legislature to award these grants. Yes, we have been privileged as a County to receive $40 million in loans from the State Legislature, $20 million in a grant. The majority of the intention of that loan is to be able to cover our, what's called, local match to the FEMA (Federal Emergency Management Agency) assistance grants that are helping us get the roads, the waterlines, the park facilities back up and running. And so while those dollars aren't spent yet, they are committed in many respects. And we are really looking at this $20 million grant in order to support this program moving forward to really get these dollars out to assist folks still in recovery. But we appreciate your support in passing this at this final reading. CHR. KIMBALL: Thank you, Recovery Officer Le. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I just wanted to provide a final closing comment and just note that one of the testifiers and one of my colleagues did bring up the funding that's available to support the Puna region. Douglas did cover this, but I just want to reiterate: 40 of the 60 million that was provided to our County is a loan. And that is to be used as a Federal match to complete Page 21 Hawaii County Council-20 August 16,2023 infrastructure projects: roads, water systems, parks. It cannot be used for anything else other than that. I don't want anybody to think that the County is sitting on money and not being able to let that out to community. There is the 20 million that is the flexible funding that we have discretion over. This bill helps us to get more of that discretionary money out into the community, which is why passage of this bill is so incredibly important. The 20 million has also been used to implement the Puna Strong grants program, which has built up the capacity of nonprofits in the Puna region and has really created a collaboration of nonprofits. So they are working more intimately and at a regional level, and just in a more collaborative and coordinated way, which is what we want. We're going to rely on our nonprofits going forward as we are hit with more natural disasters. They're boots on the ground. They're our partners. So we have to find ways to not just support them financially, but build up the organizational capacity so that they stand ready to deliver when called upon. Again, we're not sitting on money. This bill ensures that we get money out into the hands of folks that we know and we trust, and are instrumental in moving Puna forward. Thank you, Chair. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. In support. You know, more money more problems. And the criticism is real. And I'm just trying to figure out a way to upend and/or refocus the criticism. We've heard testifiers talk about insurance and insurance gap while we have funding available that is intended and has some intentionality to restore things that basic individuals are unable to do. But I'm elected to speak because some of the modulation of these conversations have begun to rewrite the intentionality of when these funds were given to us. And this bill actually really provides a very bright line of understanding to continue to maintain the intention of when the Legislature gave us this money and what it was intended to do. And I know that a lot of the conversation today and over the weeks will continue to reflect on what's happening on Maui. Yes, we can do better. There are lessons to be learned. However, comingling present events with an event that happened four years ago is not the way to make good decisions. And I share that because what I keep hearing is that people want a handout, when I heard loud and clear when we were seeking these funds, they wanted a hand up. And those are two very different things. And so I just want to refocus this body, that this is about an event that happened years ago. Is government's reaction and efficiency not the best? Absolutely. But this is what we do to ensure that we continue to help them recover. And I just want to reflect on how we grow capacity because we have a nonprofit grant-in-aid Page 22 Hawaii County Council-20 August 16,2023 program right here on the Council. And if we want to infuse money into community, we have to help those nonprofits grow capacity so we can get money down into them, down into our communities, faster. So there are things we are doing, and they all meet up at a certain point. Unfortunately, it's done in these various steps and silos. So thank you. I stand in support of this bill and how it focuses on getting the money back into the community that we are trying to recover right here at home. And I hope some of my other colleagues maybe take a good hard look at what we're doing now and advance a white sheet so that they can help other communities do the same and learn the lessons that we have here. Thank you, Chair, I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Before I go back to you, Council Member Evans, I want to make sure there's nobody else who hadn't spoken yet. MS. EVANS: Thank you. I want to say, "Well said, Council Member Lee Loy." I just want to reiterate that this is such a great example of what's coming forward. When you recover from these events, it's a long-term effort that we can never, ever move our eyes away from. So whatever happens in Maui will take many years, and we can never forget, and we will continue. We will have to continue as legislators, I think as Council Members, as community leaders, as nonprofit organizations. We will be working on this for a long time, and we can never take our eyes off of it. We have to always remember. So I want to thank you. Thank you for bringing this forward. And it may be worthy sometime in the future, maybe six months, eight months from now, having some reports and having some of the departments come and give us updates on what they're actually doing in your district. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? In conclusion, I'll give my support as well to these amendments. And just tapping into what Council Member Lee Loy said, Council Member Kierkiewicz, as we're looking at future potential disaster response, this work we do now, building up capacity with our nonprofit sector, I mean there has been frustration over the last few days about the time that it takes for government to act. And I think we all recognize from our seats here that we are often better served when it's community-led, government-supported, and we have our nonprofits taking the front line. They're more nimble. They're more easy to adapt. So if we have built the capacity that's invested in that, we can more easily support each other when these emergency activities arise. So I appreciate what you're doing here, providing some opportunity for lessons learned as we continue to refine this process. Page 23 Hawaii County Council-20 August 16,2023 And I know Mr. Le has been active in thinking about how we do implement more quickly in the future. But I definitely support wholeheartedly the effort to build capacity because this is a kakou thing, as you've said before. And the more we can build up these organizations to respond quickly, the better off we all are. So, with that, I will go ahead and take the vote. All those in favor of adopting Bill 56, Draft 2, at second and final reading, please say "aye." Vote on Bill 56: The motion to pass Bill 56, Draft 2, on second and final Draft 2 reading was carried by the following voice vote: (Adopted) Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Bill 56, Draft 2, is adopted at second and final reading. REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: Comm. 396: JONATHAN D. ROWE, ET AL. V. COUNTY OF HAWAII; 3CCV-22-0000393 From Deputy Corporation Counsel Justin C. Lee, dated July 25, 2023, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including settlement discussion. Motion to Close Ms. Lee Loy moved to close file on Comm. 396. Seconded File: by Mr. Inaba. Vote on Motion to Ms. Lee Loy moved to enter into Executive Session in Enter into order to hold attorney-client privilege discussion regarding Executive Session: Communication 396, as authorized by Section 92-5(a)(4) of (Approved) the Hawaii Revised Statutes. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: We'll take five minutes' recess while we prepare. Thank you. Page 24 Hawaii County Council-20 August 16,2023 Recess: At 10:04 a.m., the Chair called for a recess in order to clear the room. Reconvene: The meeting reconvened at 11:06 a.m. CHR. KIMBALL: All right. Welcome back, everybody. We are out of Executive Session. I'd like to pass it to my colleague Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. This is really new. So, in summary under Executive Session on the matter, there was discussion that contained attorney- client confidential discussions. And after consultation with Corporation Counsel, I make a motion to accept the recommendation contained in Communication 396. Vote on Motion to Ms. Lee Loy moved to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 396. Seconded by (Approved) Ms. Galimba and carried by the following roll call vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—8. Noes: Council Member Inaba— 1. Absent: None. Excused: None. MR. HENRICKS: The motion carries. Vote on Comm. 396: The motion to close file on Comm. 396 was carried by the Filed following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There were none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) Page 25 Hawai`i County Council-20 August 16,2023 ADJOURN- There being no further business, at 11:09 a.m.,Mr. Inaba moved to adjourn the MENT: meeting. 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: We are adjourned. The time is now 11:09. Thank you, everyone. Council Approval: SEP 2 0 2023 411'.11111116 :— vgliiii'—a."1111 COUN ' ' JH/dg Page 26