Loading...
HomeMy WebLinkAboutMIN COUNCIL 2023-09-20 2022-2024 Hawaii County Council 22nd Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii September 20, 2023 INVOCATION: Kahu Kealoha Ka`opua of Calvary Community Church in Kona gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:07 a.m., in the Council Chambers, Kailua-Kona, by Mr. Holeka Goro Inaba, Acting Chair. ROLL CALL: Present: Ms. Heather L. Kimball, Chair(via videoconference from Hilo) Mr. Holeka Goro Inaba, Vice Chair Ms. Cindy Evans, Member Ms. Michelle M. Galimba, Member Mr. Matt Kdneali`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 (came in later) Absent& Excused: Ms. Jenn Kagiwada, Member PLEDGE OF The Acting Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, County Clerk Jon Henricks led the Council in the Pledge of Allegiance.) PETITIONS, The Acting Chair directed the Council to proceed to the next order of business, MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (Note: At this time, Mr. Inaba presented the September 2023 Hdweo Award to EXPRESSIONS OF Water Safety Officer Ian McVeigh of the Hawaii Fire Department.) CONDOLENCE: Recess: At 9:19 a.m., the Acting Chair called for a recess. Reconvene: The meeting reconvened at 9:24 a.m. Hawaii County Council-22 September 20,2023 STATEMENTS The Acting Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: (There were none.) APPROVAL The Acting Chair directed the Council to proceed to the next order of business, OF MINUTES: Approval of Minutes. Vote on Approval Ms. Villegas moved to approve the Minutes of August 2 of Minutes: and August 16, 2023. Seconded by Ms. Galimba and (Approved) carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Kaneali`i-Kleinfelder—2. Excused: None. ACTING CHR. INABA: The minutes are approved. We'll move on. We're going to take Bill 61 out of order this morning being that we have our representative and applicant here in Kona. Mr. Clerk, Bill 61. Change Order As directed by the Acting Chair and with no objection from the Council of Business: Members, the following item was taken out of order: Bill 61: AMENDS SECTION 25-8-19 (NORTH HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—TWENTY ACRES (A-20a) TO AGRICULTURAL—FIVE ACRES (A-5a) AT `O`OKALA, NORTH HILO, HAWAII, COVERED BY TAX MAP KEY: 3-9-001:024 (Applicant: Dennis Schmitz) (Area: 20.027 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to request the subdivision of the property into four lots, each approximately five acres in size. The property is located north(makai) of Old Mamalahoa Highway approximately 270 feet east of its intersection with Milo Street. Reference: Comm. 388 Intr. by: Mr. Inaba(B/R) Approve: LAAC-30 Postponed: September 6, 2023 Page 2 Hawaii County Council-22 September 20,2023 (Note: There is a motion by Mr. Inaba, seconded by Ms. Lee Loy, to pass Bill 61 on first reading; and a subsidiary motion by Mr. Inaba, seconded by Ms. Villegas, to amend Bill 61 with the contents of Comm. 388.1.) ; and Comm. 388.1: From Council Member Holeka Goro Inaba, dated September 1, 2023, transmitting proposed amendments to Bill 61. ; and Comm. 388.2: From Council Member Holeka Goro Inaba, dated September 7, 2023, transmitting proposed amendments to Bill 61. ; and Comm. 388.3: From Council Chair Heather L. Kimball, dated September 7, 2023, requesting an executive meeting to consult with Corporation Counsel on questions and issues pertaining to the Council's powers, duties, privileges, immunities, and liabilities regarding Bill 61. ACTING CHR. INABA: At this time, I'd like to see if the body would just like to hear from Corporation Counsel on the current amendment before us, and if an Executive Session is in fact necessary or not. But I'll go over to Hilo to get your thoughts there. If not, we can just hear from Corporation Counsel. MS. KIMBALL: Chair? ACTING CHR. INABA: Yes. MS. KIMBALL: Council Member Kimball. Yeah, I think it would be worthwhile. I know that Corporation Counsel has prepared for this discussion to just take a few moments for us to ask questions with regard to our duties and responsibilities and liabilities in this matter. So my recommendation is for us to take some time in Executive Session, but I leave it to the rest of the body to weigh in on that before I make the motion. ACTING CHR. INABA: All right. Anyone else in Hilo? With that, then, Council Member Kimball. Okay, well, I'm going to ask for a motion, pursuant to HRS (Hawai`i Revised Statutes) 92-5(a)(4), that we enter into Executive Session to consult with Corporation Counsel on questions and issues pertaining to the Council's powers, duties, privileges, immunities, and liabilities regarding Bill 61. Page 3 Hawaii County Council-22 September 20,2023 Vote on Motion to Ms. Kimball moved to enter into Executive Session in Enter into order to hold attorney-client privilege discussion regarding Executive Session: Bill 61, as authorized by Section 92-5(a)(4) of the Hawaii (Approved) Revised Statutes. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Kaneali`i-Kleinfelder—2. Excused: None. ACTING CHR. INABA: We'll be going into Executive Session at this time. Thank you. Recess: At 9:30 a.m., the Acting Chair called for a recess in order to clear the room. Reconvene: The meeting reconvened at 10:51 a.m. ACTING CHR. INABA: All right. Aloha. We are now back in open session and we're on Bill 61. We had an Executive Session regarding Bill 61 and our powers and duties. Ms. Lee Loy, if you could just give us a quick summary, as required. MS. LEE LOY: Yes, thank you, Chair. Corporation Counsel provided the Council with information related to its powers, duties, privileges, immunities, and liabilities regarding regulatory process, along with foundational information and legal principles related to rezoning, the legal standards, regulatory takings, and conditions having a rational and proportional nexus. Thank you, Chair. ACTING CHR. INABA: Thank you, Ms. Lee Loy, for that summary. All right, so we are on Bill 61, which is currently on the floor, and amendment 388.1. As the maker of the motion, I'm going to withdraw that motion at this time. Withdraw Motion Mr. Inaba withdrew his motion to amend Bill 61 with the to Amend: contents of Comm. 388.1. ACTING CHR. INABA: So we are on the main Bill 61, and we do have another amendment in our docket today. Is there a motion to amend Bill 61 with the contents of Communication 388.2? Motion to Amend: Ms. Evans moved to amend Bill 61 with the contents of Comm. 388.2. Seconded by Ms. Kimball. Page 4 Hawaii County Council-22 September 20,2023 ACTING CHR. INABA: Thank you. We have the applicant and the representative here today. Mr. Arai, if you'd like to come forward. (Note: At this time, Daryn Arai, applicant's representative, came forward to address the members of the Council.) ACTING CHR. INABA: Mr. Arai, we do have this motion. We just wanted to get your thoughts on it before we proceed. MR. ARAI: Thank you, Chair Inaba. Good morning. Daryn Arai; assisting the applicant, Dennis Schmitz. I reside in Hilo and Mr. Schmitz resides in `0'6kala. We reviewed Communication 388.2, introducing the new Condition M regarding the performance time condition to the ordinance, as well as a re-alphabetized Condition N, as in "Nancy,"that keeps the word "may"versus the word "shall" that was in Communication 388.1. We accept the language that's being presented here in Communication 388.2. ACTING CHR. INABA: Thank you. Council Member Evans. MS. EVANS: Thank you so much for the consideration. Thank you. I yield. MR. ARAI: You're welcome. ACTING CHR. INABA: All right, heading over to Hilo on the amendment. MS. KIMBALL: Call for the question, Chair. ACTING CHR. INABA: All right, any further discussion on Communication 388.2 amending Bill 61? All those in favor, please say "aye." Any opposed? Motion carries. Seven ayes, two—all right, roll call vote, please, on the amendment. Vote on Motion to The motion to amend Bill 61 with the contents of Amend: Comm. 388.2 failed by the following roll call vote: Failed Ayes: Council Members Evans, Kimball, Villegas, and Acting Chair Inaba–4. Noes: Council Members Galimba, Kierkiewicz, and Lee Loy –3. Absent: Council Members Kagiwada and Kaneali`i-Kleinfelder–2. Excused: None. MR. HENRICKS: The motion fails. Page 5 Hawaii County Council-22 September 20,2023 ACTING CHR. INABA: Thank you. Back to the main motion. Any discussion on Bill 61? MS. KIMBALL: Chair Inaba? ACTING CHR. INABA: Yes, in Hilo. MS. KIMBALL: Thank you. I just wanted to address some of the testimony with regard to this. One of the comments that was made was that there is a desire through the Hamakua CDP (Community Development Plan) and within the community to not see, in general, these larger parcels divided. And so the request was made through the testimony, well, how is this different? And I'd like to expressly share with my colleagues that, in general, in most cases, subdivision or rezoning requests with potential subdivision projects, folks reach out to me first. And there's been a number of them that I've just shut down early, and the reason being, and I've explained this to the Planning Department, I don't want to break up these large parcels where it's not in the general characteristic of the area. Nor do I want to put more density, like, on the other side of one-lane bridges that are about to fall down and things like that, which is frequent in my district. So the thing that I think makes this project exceptional to other areas is that, one, there's the water. That is not true everywhere. And, two, looking at the other parcels in the area, you have two next door that are actually zoned industrial and could be divided smaller. You have some, now, farm lots there. It is in the character of the area. It is an old plantation camp town. So these smaller ag lots that are still agricultural do make sense. And no judgement on the applicant, but there's actually not a ton of agriculture going on at this particular lot right now. But one of the things that I see happening is if it is divided into five lots and they do want to develop, those will now be farm dwellings. And if you develop a farm dwelling, you have to be in accordance with the HRS, which says that there has to be farming going on. So, the result of actually engaging in this subdivision at this particular property I think could actually result in more agricultural happening in the area, and so that's why I've been supportive of it. There's water, which is different. It's accessible in terms of roadways. It's not on the other side of a bridge that's going to fall down, and it is within the character of the neighborhood. And again, it's in accordance with the General Plan and the CDP and other recommendations that come from the public process. So that's why I'm supporting that. I'd just like to have that on the record. Thank you. ACTING CHR. INABA: Thank you, Council Member Kimball. Bringing it here to Kona, Council Member Galimba. Page 6 Hawaii County Council-22 September 20,2023 MS. GALIMBA: I just want to thank the applicants for their patience on this process. It's not you; it's us. I also just wanted to, yeah, agree with Chair Kimball, that I feel like this would allow for potentially more agricultural production because Ag-20 is basically more or less for ranching. And as you're very close to the town, that isn't necessarily the best use of the land. So if we could get more intensive agriculture close to the town, that could be a great thing, whether it's orchards or some field crops or anything like that. So I do hope that that's the future of this parcel and I support the rezoning. ACTING CHR. INABA: Thank you. Any further comment on Bill 61? If not, there's a motion on the floor to approve at first reading. All those in favor, please say "aye." Vote on Bill 61: The motion to pass Bill 61 on first reading and adopt (Approved) Legislative Approvals and Acquisitions Committee Report No. 30 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kagiwada— 1. Excused: None. ACTING CHR. INABA: With that, we'll see you folks at second and final reading. Mahalo nui. MR. ARAI: Thank you, Council Members, for your efforts and your time on this application. ACTING CHR. INABA: We'll head on to Resolution 234-23, please, Mr. Clerk. Return to Order The Acting Chair directed the Council to return to the order of business. of Business: ORDER OF The Acting Chair directed the Council to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Page 7 Hawaii County Council-22 September 20,2023 Res. 234-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT FOR AN ENTERPRISE RESOURCE PLANNING SYSTEM Authorizes the Mayor to enter into a 10-year agreement at an estimated annual cost of$2,200,000, for a software system used for accounting, procurement,project management, risk and compliance management, and supply chain operations. Reference: Comm. 415 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-68 Vote on Res. 234-23: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 234-23 and (Adopted) Finance Committee Report No. 68. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kagiwada— 1. Excused: None. ACTING CHR. INABA: Resolution 234-23 is adopted. Res. 235-23: CREATES ONE NEW BATTALION CHIEF AND THREE NEW FIRE HELICOPTER PILOT POSITIONS FOR THE HAWAII COUNTY FIRE DEPARTMENT Establishes new pilot positions necessary to transition away from contracting services and adds a Battalion Chief position for the Emergency Operations Division. Reference: Comm. 416 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-69 Vote on Res. 235-23: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 235-23 and (Adopted) Finance Committee Report No. 69. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kagiwada— 1. Excused: None. Page 8 Hawaii County Council-22 September 20,2023 ACTING CHR. INABA: Thank you, Chief, for being here. Sorry, Clerk, we're going to take one thing out of order: Bill 65, for second and final reading. Change Order As directed by the Acting Chair and with no objection from the Council of Business: Members, the following item was taken out of order: Bill 65: 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 Animal Control Private Contributions account ($10,000); and appropriates the same to the Animal Control Private Contributions account, which would be used to purchase capacity-building equipment and supplies to provide services island-wide. Reference: Comm. 420 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: September 6, 2023 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 65 on second and final reading. Seconded by Ms. Galimba. ACTING CHR. INABA: We do have someone from Animal Control here joining us, either in chambers or in Zoom land. MS. KIERKIEWICZ: Chair Inaba? MR. KANEALII-KLEINFELDER: He is here. ACTING CHR. INABA: Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you. Our new Administrator for the Animal Control and Protection Agency, Matthew Runnells, is here. Welcome to the County `ohana. You weren't able to join us I think when we first heard this bill at Council a couple of weeks ago, but there's a $10,000 donation. We're getting the first tranche, the 5,000, now and 5,000 later in this fiscal year. But we were curious about what sort of capacity building and equipment was going to be purchased with this donation. That's the first question. And the second question is, if folks would like to make a donation to your agency, and maybe this is a Director Sako question, what is the process, and how might community members or nonprofits know what your needs are so they can coordinate the donation? Thank you. (Note: At this time, Animal Control and Protection Agency Administrator Matthew Runnells came forward to address the members of the Council.) Page 9 Hawaii County Council-22 September 20,2023 MR. RUNNELLS: Well, as far as the money that we've gotten so far, we have allocated those for traps for feral cats. And we're going to be using those as part of our loaner program for our traps for feral cats, and also wands for scanning for microchips as well, which, when those animals are in those traps, a lot of them can be fractious, which the wands can actually help us to not have to actually handle them to find out whether they have owners or not. So those scanners and stuff are all part of this amount of money that we've allocated. MS. KIERKIEWICZ: Thank you for those details. Director? (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: Good morning. So any donations for Animal Control Agency can actually be made out to the Director of Finance and mailed to Animal Control Agency at 25 Aupuni Street, Hilo, Hawaii 96720. And if people are interested in maybe donating for a specific purpose, they can add a note to that and then they can also contact the Director directly. Should they have maybe food or other, like, material items they want to donate, then they should contact Animal Control Agency directly. MS. KIERKIEWICZ: Okay. So, to be clear, send checks to the County Building, not pet food, not kennels, not scanners. Coordinate with the agency. MS. SAKO: Yeah, sorry. MS. KIERKIEWICZ: No, that's really helpful. Thank you, Director. And, Administrator, as you kind of get up to speed with what the needs and the challenges and opportunities are within the County to support this new agency, do keep a running list of what you need that goes beyond sort of the budget, the very substantive budget, that's been provided to your agency. Because, I know a lot of folks are very passionate about animal issues and do want to be able to contribute when and where they can. Thank you for being here. Chair, I yield. MR. RUNNELLS: Thank you. ACTING CHR. INABA: Thank you. Any other questions in Hilo? All right, bringing it back here to Kona. There is a motion on the floor to approve Bill 65 at second and final reading. All those in favor? Page 10 Hawaii County Council-22 September 20,2023 Vote on Bill 65: The motion to pass Bill 65 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. ACTING CHR. INABA: Back to the order, please, Mr. Clerk. Return to Order The Acting Chair directed the Council to return to the order of business. of Business: Res. 236-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR EMPLOYMENT CONTRACTS FOR THE PLANNING DEPARTMENT Authorizes the Mayor to enter into four-year contracts for seven positions to deliver recovery efforts from the 2018 Kilauea Eruption, to be funded with disaster recovery sources. Reference: Comm. 418 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-70 Vote on Res. 236-23: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 236-23 and (Adopted) Finance Committee Report No. 70. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. ACTING CHR. INABA: Resolution 236-23 is adopted. Page 11 Hawaii County Council-22 September 20,2023 Res. 237-23: AUTHORIZES THE DIRECTOR OF FINANCE TO NEGOTIATE A MULTI- YEAR LEASE OF REAL PROPERTY, A PORTION OF THE LILY YOSHIMATSU SENIOR CENTER, SITUATED AT WAIMEA, DISTRICT OF SOUTH KOHALA, COUNTY AND STATE OF HAWAII, IDENTIFIED AS TAX MAP KEY: 6-7-002:025, TO THE WAIMEA ARTS COUNCIL Allows for the Waimea Arts Council to lease a portion of the premises to be used for art education, art shows, art sales, fundraisers, and administrative purposes. Reference: Comm. 419 Intr. by: Mr. Inaba(B/R) Approve: LAAC-31 Vote on Res. 237-23: Ms. Galimba moved to adopt Res. 237-23 and Legislative (Adopted) Approvals and Acquisitions Committee Report No. 31. Seconded by Ms. Evans and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. ACTING CHR. INABA: Resolution 237-23 is adopted. Res. 242-23: AUTHORIZES THE ACCEPTANCE OF A DONATION OF PICKLEBALL SUPPLIES TO THE DEPARTMENT OF PARKS AND RECREATION The donation from David Molenaar, with an estimated value of$1,926, would be used at the Papa`aloa Park. Reference: Comm. 428 Intr. by: Ms. Kimball Waived: FC Motion to Approve: Ms. Kimball moved to adopt Res. 242-23. Seconded by Ms. Galimba. ACTING CHR. INABA: Council Member Kimball. MS. KIMBALL: I just want to take this opportunity to thank Dave for his generous donation to this community center. Pickleball is a big thing, and he's a bit of a champion there at Papa`aloa, so we really appreciate him coming forward and providing these supplies to the community up there. Thank you. Page 12 Hawaii County Council-22 September 20,2023 ACTING CHR. INABA: Thank you. Any further discussion? All those in favor of approving Resolution 242-23, please say "aye." Vote on Res. 242-23: The motion to adopt Res. 242-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. ACTING CHR. INABA: Resolution 242-23 is adopted. Res. 243-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND LIONS FOUNDATION TO SUPPORT THE DOWNTOWN HILO CHRISTMAS LIGHTS PARADE Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 429 Intr. by: Ms. Lee Loy Vote on Res. 243-23: Ms. Galimba moved to adopt Res. 243-23. Seconded by (Adopted) Ms. Villegas and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. ACTING CHR. INABA: Resolution 243-23 is adopted. Page 13 Hawaii County Council-22 September 20,2023 Res. 244-23: 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 7); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 430 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 244-23. Seconded by Ms. Galimba. MS. VILLEGAS: I just ask for my colleagues' support. We supported a similar resolution for CRF (Contingency Relief Fund) funding for this same organization in a prior meeting, and I'm very excited and honored to contribute to them as well. ACTING CHR. INABA: Thank you very much. There's a motion on the floor. All those in favor of approving Resolution 244-23,please say "aye." Vote on Res. 244-23: The motion to adopt Res. 244-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. ACTING CHR. INABA: Resolution 244-23 is adopted. Res. 245-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KONA AQUATICS CLUB, INC., TO PURCHASE AND REPLACE SHADE CANOPIES AT THE KONA COMMUNITY AQUATIC CENTER Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 431 Intr. by: Ms. Villegas Page 14 Hawaii County Council-22 September 20,2023 Motion to Approve: Ms. Villegas moved to adopt Res. 245-23. Seconded by Ms. Galimba. MS. VILLEGAS: Just asking for my colleagues' support. Grateful for the opportunity to support the replacement of these canopies and the continued renovation of the aquatic center, which is deeply and greatly utilized by our community. ACTING CHR. INABA: Mahalo. Any further discussion? All those in favor of the motion to approve Resolution 245-23? Vote on Res. 245-23: The motion to adopt Res. 245-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. ACTING CHR. INABA: Resolution 245-23 is adopted. Res. 246-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO ASSIST WITH EXPENSES RELATING TO THE 67TH ANNUAL HAWAII STATE LAW ENFORCEMENT OFFICIALS ASSOCIATION CONFERENCE Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Police Department, Police Administration Division-Other Current Expenses account. Reference: Comm. 432 Intr. by: Ms. Kagiwada Motion to Approve: Ms. Galimba moved to adopt Res. 246-23. Seconded by Ms. Villegas. ACTING CHR. INABA: Any discussion? We have Corporation Counsel here approaching. Go ahead, Corporation Counsel. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Aloha. Good morning. Elizabeth Strance, Corporation Counsel. May I get clarification on the intended use of the funds? There's a Page 15 Hawaii County Council-22 September 20,2023 statement that it's being used to pay expenses for officers from all four counties, and it may be inappropriate to spend money to send officers from other counties to a State conference. ACTING CHR. INABA: Yes, I'll try and explain because I did have a similar resolution. But there is a conference being held here on this island where all four counties will be participating, and this was a request from our Police Department Chief to assist with costs involved with the conference. MS. STRANCE: I think it would be an appropriate expenditure of funds to support the conference in light of the title and the availability of the conference for our Police force. I do have some concerns about using County of Hawaii money to benefit officers from other counties. ACTING CHR. INABA: Okay. Understood. With that, I know that this is coming up at the end of the month. Being that it's already been processed, if we were to postpone this resolution, there wouldn't be any problem being that I think final approval of the resolution would come after the event. Right? MS. STRANCE: Or if an amendment could be made to divert the funds to some other purpose for the conference so it's not(inaudible) of others. ACTING CHR. INABA: Understood. We'll have perhaps we'll take a motion to table this just to see if Council Member Kagiwada's staff can address it prior to adjournment today. And if not, we'll just postpone, being that you are advising we shouldn't be passing it as it's written. MS. STRANCE: Yeah. Public purpose is a little tricky around travel and hotel. I think it would be okay for ours for a statewide conference of this nature, but to spend it for others is more problematic. ACTING CHR. INABA: Understood. With that— MS. hatMS. GALIMBA: A motion to table MR. HENRICKS: Prior to,just to expedite matters, I would assume Ms. Kagiwada's staff was going to require some assistance because we do need to include a purpose in the resolution. So I don't know if just striking that out would be sufficient. So I just want to make sure that can they contact the Corporation Counsel to assist with that language, or who would they look to as a resource to assist them with amending this resolution. ACTING CHR. INABA: Okay. Page 16 Hawaii County Council-22 September 20,2023 MS. KIMBALL: Chair, I've asked Council Member Kagiwada's staff to come down and I'll help facilitate that. I'm not sure that we can get it done in time, though. ACTING CHR. INABA: With that, then, I think being that we can approve the resolution even after the event since it's in process already, we will postpone this. So can I get a motion to postpone Resolution 246-23 to the October 4h Council meeting? Vote on Motion to Ms. Galimba moved to postpone Res. 246-23 to October 4, Postpone: 2023. Seconded by Ms. Villegas and carried by the (Approved) following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. ACTING CHR. INABA: Resolution 246-23 is postponed till October 0. MR. HENRICKS: Thank you, Mr. Chair. Res. 247-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND LIONS FOUNDATION TO SUPPORT THE DOWNTOWN HILO CHRISTMAS LIGHTS PARADE 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. 433 Intr. by: Ms. Kagiwada Vote on Res. 247-23: Ms. Galimba moved to adopt Res. 247-23. Seconded by (Adopted) Ms. Villegas and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. Page 17 Hawaii County Council-22 September 20,2023 ACTING CHR. INABA: Resolution 247-23 is adopted. Res. 248-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST THE BIG ISLAND INVASIVE SPECIES COMMITTEE WITH EXPENSES TO CONTROL THE YELLOW HIMALAYAN RASPBERRY IN UPPER PUNA Transfers $7,500 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 434 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 248-23. Seconded by Ms. Galimba. ACTING CHR. INABA: Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. If anyone has ever dealt with this Himalayan raspberry, it's a real pain. So look forward to seeing what the community and BIRCDC (Big Island Resource Conservation and Development Council) can do to help in any way get a handle on the explosion of this plant in our area. Just a horrible invasive species. Thank you. ACTING CHR. INABA: Mahalo. Any further discussion? All those in favor of approving Resolution 248-23, please say "aye." Vote on Res. 248-23: The motion to adopt Res. 248-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. ACTING CHR. INABA: Resolution 248-23 is adopted. Page 18 Hawaii County Council-22 September 20,2023 Res. 249-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO ASSIST THE POLICE DEPARTMENT WITH EXPENSES RELATING TO THE 67TH ANNUAL HAWAII STATE LAW ENFORCEMENT OFFICIALS ASSOCIATION CONFERENCE Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Police Department, Police Administration Division-Other Current Expenses account. Reference: Comm. 436 Intr. by: Ms. Kimball Motion to Approve: Ms. Kimball moved to adopt Res. 249-23. Seconded by Ms. Galimba. ACTING CHR. INABA: Council Member Kimball. MS. KIMBALL: Happy to join my colleagues in supporting this event where I'll be helping support the audio-visual equipment. Thank you. ACTING CHR. INABA: Mahalo. Any further discussion? All those in favor, please say "aye." Vote on Res. 249-23: The motion to adopt Res. 249-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. Res. 250-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST WITH EXPENSES RELATED TO THE 2023 HAWAII ISLAND VETERANS DAY PARADE Transfers $500 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. 437 Intr. by: Ms. Kagiwada Page 19 Hawaii County Council-22 September 20,2023 Vote on Res. 250-23: Ms. Galimba moved to adopt Res. 250-23. Seconded by (Adopted) Ms. Villegas and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. Res. 251-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO SUSTAINABLE ENERGY HAWAII FOR THE BIG ISLAND ELECTRIC VEHICLE ASSOCIATION'S HE ALA PONO ELECTRIC VEHICLE AND SUSTAINABILITY FAIR Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Research and Development, Energy account. Reference: Comm. 438 Intr. by: Ms. Kagiwada Vote on Res. 251-23: Ms. Galimba moved to adopt Res. 251-23. Seconded by (Adopted) Ms. Evans and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. ACTING CHR. INABA: Resolution 251-23 is approved. Res. 252-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO ASSIST THE POLICE DEPARTMENT WITH EXPENSES RELATING TO THE 67TH ANNUAL HAWAII STATE LAW ENFORCEMENT OFFICIALS ASSOCIATION CONFERENCE Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Police Department, Police Administration Division-Other Current Expenses account. Reference: Comm. 439 Intr. by: Ms. Villegas Page 20 Hawaii County Council-22 September 20,2023 Motion to Approve: Ms. Villegas moved to adopt Res. 252-23. Seconded by Ms. Galimba. MS. VILLEGAS: Thank you, Chair Inaba. Just to clarify, Judge Strance, I notice the difference in the "WHEREASES"here. We have three different Council Members allocating CRF funding to the same event; however, it seems to me that the difference in Council Member Kagiwada's CRF is it was written in the "WHEREAS"that it would pay for the travel expenses for police officers from other counties to come and attend this event. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: That is correct. MS. VILLEGAS: Okay. So it's okay to contribute to pay for our County to help host the event as far as, like, the different things we list hereaudio-visual, conference materials, supplies, whatnot—but not to bring in. MS. STRANCE: Yes, because the MS. VILLEGAS: Their county should cover that? MS. STRANCE: If the expense would benefit everybody attending the conference, including Hawaii County Police officers. And so if there's an incidental benefit to people who are off-island, then it's okay because the primary benefit is a direct benefit to the Hawaii County Police Department and the County of Hawaii. The funds would be appropriate. MS. VILLEGAS: Okay. So if they were flying in a speaker to come and speak at this conference, the speaker is to the whole conference and so, therefore, it benefits, to the greater degree, the Hawaii County—first responders is Police in this capacity. MS. STRANCE: Correct. So, for example, if part of the programming is to bring in speakers who are Employees of the Year and it constitutes substantive content of the conference, then this body could better decide whether that would be public purpose or not. But that's where it gets grayer, and that's where it's more your area where there's case law that kind of talks about specific benefits. That's primarily where I'm stepping in if it's not clear. MS. VILLEGAS: Okay, great. Thank you. I'm trying to keep it clear so we can MS. STRANCE: It's clear as mud. Page 21 Hawaii County Council-22 September 20,2023 MS. VILLEGAS: Clear as mud. All right. Thank you, Judge Strance. Appreciate it. With that I yield. ACTING CHR. INABA: Thank you. Any further discussion on Resolution 252-23? All those in favor,please say "aye." Vote on Res. 252-23: The motion to adopt Res. 252-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. ACTING CHR. INABA: Resolution 252-23 is adopted. Res. 254-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE PAPA`ALOA ALL HALLOW'S EVE COMMUNITY EVENT Transfers $1,700 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Recreation Division Other Current Expenses account. Reference: Comm. 444 Intr. by: Ms. Kimball (Note: Comm. 444.1, from Council Chair Heather L. Kimball dated September 15, 2023, transmitting proposed amendments to Res. 254-23, was circulated.) Motion to Approve: Ms. Kimball moved to adopt Res. 254-23. Seconded by Ms. Galimba. ACTING CHR. INABA: Council Member Kimball. MS. KIMBALL: Thank you. Real quickly, I have an amendment to this because they've had to change the dates since we originally drafted the resolution. Motion to Amend: Ms. Kimball moved to amend Res. 254-23 with the contents of Comm. 444.1. Seconded by Ms. Galimba. ACTING CHR. INABA: We did have an explanation. Anything further, Council Member Kimball? Page 22 Hawaii County Council-22 September 20,2023 MS. KIMBALL: No. Pretty self-explanatory. ACTING CHR. INABA: Perfect. All those in favor of the amendment,please say "aye." Vote on Motion to The motion to amend Res. 254-23 with the contents of Amend: Comm. 444.1 was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. Vote on Motion to Ms. Kimball moved to suspend Council Rule 23 to waive Suspend Council the holdover for the substantive amendment of Rules: Res. 254-23. Seconded by Ms. Galimba and carried by the (Approved) following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. ACTING CHR. INABA: Back to the main motion. Any further discussion? MS. KIMBALL: Chair, if I may, I'd just like to say I'm really excited to see this event in particular because one of the traditions of this particular gym/park complex was a haunted house for years and years and years. And then of course, when we lost the gym there, that tradition had to end. And so, really excited for the team there to be trying to restart a tradition that has meant a lot to the community, and ask for everybody's support. ACTING CHR. INABA: Awesome. Thank you so much. There's a motion on the floor to approve Resolution 254-23, as amended. All those in favor, please say "aye." Page 23 Hawaii County Council-22 September 20,2023 Vote on Res. 254-23: The motion to adopt Res. 254-23, as amended to Draft 2, Draft 2 was carried by the following voice vote: (Adopted) Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. ACTING CHR. INABA: Resolution 254-23 is adopted. Res. 257-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE PURCHASE AND INSTALLATION OF PLANTER BOXES AT PAPA`ALOA ELDERLY HOUSING Transfers $8,300 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Office of Housing and Community Development, Transfer to Housing Fund account. Reference: Comm. 450 Intr. by: Ms. Kimball Motion to Approve: Ms. Kimball moved to adopt Res. 257-23. Seconded by Ms. Villegas. ACTING CHR. INABA: Chair Kimball. MS. KIMBALL: Thank you. Again, another really great project, and I want to mahalo the Office of Housing for helping make this happen. This particular senior housing complex was renovated, and as part of the project and cost overruns, the planter boxes that were supposed to go in got budgeted out. It's something that the folks up there really were looking forward to, and I'm just glad we found a way to make it happen. So just ask for everybody's support to support this community and their growing of their vegetables in their backyard. ACTING CHR. INABA: Mahalo. Any further discussion? All those in favor of approving Resolution 257-23, please say "aye." Page 24 Hawaii County Council-22 September 20,2023 Vote on Res. 257-23: The motion to adopt Res. 257-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—6. Noes: None. Absent: Council Members Evans, Kagiwada, and Lee Loy —3. Excused: None. ACTING CHR. INABA: Resolution 257-23 is adopted. Res. 258-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE PILIKULAIWI FALL INTERSESSION PROGRAM Transfers $1,800 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Recreation Division Other Current Expenses account. Reference: Comm. 451 Intr. by: Ms. Kimball Motion to Approve: Ms. Kimball moved to adopt Res. 258-23. Seconded by Ms. Galimba. ACTING CHR. INABA: Council Member Kimball. MS. KIMBALL: Just want to mahalo our Parks and Rec. (Recreation) staff for coming up with this program idea to help our parents up in Pa`auilo during the fall intersession by providing some really exciting childcare opportunities for the kids up there. So, happy to support this program and ask for everyone's support. Mahalo. ACTING CHR. INABA: Thank you. Any further discussion? All those in favor of adopting Resolution 258-23,please say "aye." Page 25 Hawaii County Council-22 September 20,2023 Vote on Res. 258-23: The motion to adopt Res. 258-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. ACTING CHR. INABA: Resolution 258-23 is adopted. Res. 259-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE WIDE FORMAT PLOTTER/SCANNER FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$250, to be used by the department's Wastewater Division's Administration office in Hilo. Reference: Comm. 452 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 259-23. Seconded by Ms. Galimba. ACTING CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I just wanted to check and see if anyone was here from the Department of Environmental Management or on Zoom. Okay, seeing none, the resolution is pretty straightforward. And I usually waive these kinds of things to Council, given that it's a wide format plotter/scanner. But look for my colleagues' comments or concerns, and maybe needed the department to be here to answer questions. I yield. ACTING CHR. INABA: Mahalo. Is there any discussion on Resolution 259-23? If not, all those in favor please say "aye." Page 26 Hawaii County Council-22 September 20,2023 Vote on Res. 259-23: The motion to adopt Res. 259-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba–7. Noes: None. Absent: Council Members Kagiwada and Lee Loy –2. Excused: None. Res. 260-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI-FUNCTION COPY MACHINE FOR THE PLANNING DEPARTMENT Authorizes the Mayor to enter into a two-year lease agreement with an approximate monthly cost of$250, to be used by the department's Disaster Recovery Division's Community Development Block Grant Disaster Recovery team in Hilo. Reference: Comm. 453 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 260-23. Seconded by Ms. Galimba. ACTING CHR. INABA: Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: No discussion. ACTING CHR. INABA: Thank you. Any further discussion? Moving forward, I think it would beI agree that waiving these from Finance is good, but if we can please have people from the department here to answer any questions we might have since this is our one chance to do so, that'd be appreciated. With that— MS. hatMS. KIERKIEWICZ: Chair Inaba? ACTING CHR. INABA: Yes? MS. KIERKIEWICZ: I'm happy to call someone from the recovery team if you have questions about this particular resolution, but what it is for is a renewal on a Xerox machine that is currently housed in the housing buyout office that supports Kilauea recovery. Page 27 Hawaii County Council-22 September 20,2023 ACTING CHR. INABA: Thank you. Yup, my comment stands. Please, if we are waiving, we should have department folks here if it's a one reading. Moving on to the vote. All those in favor of approving Resolution 260-23, please say Ic aye. Vote on Res. 260-23: The motion to adopt Res. 260-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. ACTING CHR. INABA: Resolution 260-23 is adopted. Res. 261-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR LEASES FOR TWO MULTI-FUNCTION PRINTERS FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Authorizes the Mayor to enter into five-year lease agreements with an approximate monthly cost of$250 for each printer, to be used by the department's Wastewater Division's Hilo Treatment Plant and Administrative Office. Reference: Comm. 454 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 261-23. Seconded by Ms. Galimba. ACTING CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I look for everyone's support on this. Thank you. ACTING CHR. INABA: Thank you. All those in favor of approving Resolution 261-23, please say "aye." Page 28 Hawaii County Council-22 September 20,2023 Vote on Res. 261-23: The motion to adopt Res. 261-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. Res. 262-23: AUTHORIZES THE ACCEPTANCE OF A DONATION OF TWO TOMMY LIFT GATES WITH INSTALLATION TO THE HAWAII POLICE DEPARTMENT The donation from Vibrant Hawaii, with an estimated value of$14,440, would be used by Area I and Area II of the department's Community Policing Section. Reference: Comm. 455 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 262-23. Seconded by Ms. Galimba. ACTING CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: No discussion. I appreciate the donation. Thank you. ACTING CHR. INABA: Thank you. Any further discussion? All those in favor of approving Resolution 262-23, please say "aye." Vote on Res. 262-23: The motion to adopt Res. 262-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. ACTING CHR. INABA: Resolution 262-23 is adopted. Mr. Clerk, if we could please take Bill 64 out of order. Change Order As directed by the Acting Chair and with no objection from the Council of Business: Members, the following items were taken out of order: Page 29 Hawaii County Council-22 September 20,2023 Bill 64: 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 Fund Balance From Previous Year account($8,903,560.97); and appropriates the same to the Housing Production account to fund successful proposals for affordable housing production. Reference: Comm. 417 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-71 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 64 on first reading and adopt Finance Committee Report No. 71. Seconded by Ms. Galimba. ACTING CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Thank you, Chair. We do have Mr. Shiroma joining us in Council in the Hilo chambers if there are any questions. I yield to my Council Members. ACTING CHR. INABA: Any discussion? All right, all those in favor of approving Bill 64 at first reading, please say "aye." Vote on Bill 64: The motion to pass Bill 64 on first reading and adopt (Approved) Finance Committee Report No. 71 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba–7. Noes: None. Absent: Council Members Kagiwada and Lee Loy –2. Excused: None. ACTING CHR. INABA: Thank you, Mr. Shiroma, for being here today. We will go with—let's take Bill 62,please, for second and final (reading). Page 30 Hawaii County Council-22 September 20,2023 Bill 62: 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 State Grants —Food Access Plan Resource Coordination Grant account($49,942); and appropriates the same to the Food Access Plan Resource Coordination Grant account, which would be used to identify partnerships, project funding, and other available resources to establish and implement a Food Access Plan. Reference: Comm. 390 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: September 6, 2023 Vote on Bill 62: Mr. Kaneali`i-Kleinfelder moved to pass Bill 62 on second (Adopted) and final reading. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. ACTING CHR. INABA: Bill 62 is adopted at second and final reading. Back up for our final order of the day: Bill 49, Draft 3. Return to Order The Acting Chair directed the Council to return to the order of business. of Business: BILLS FOR The Acting Chair directed the Council to proceed to the next order of business, ORDINANCES Bills for Ordinances (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order.) Page 31 Hawaii County Council-22 September 20,2023 Bill 49: INITIATES AN AMENDMENT TO ARTICLE III, SECTION 3-4 OF THE (Draft 3) HAWAII COUNTY CHARTER(2022 EDITION), RELATING TO VACANCY IN OFFICE Adds an exception to the process of filling vacancies on the County Council by providing that a vacant County Council district seat shall be filled by the person elected to serve the upcoming Council term, if that vacancy occurs or exists after the incoming Council Member was elected. Reference: Comm. 305.18 Intr. by: Ms. Evans Approve: GOEAC-73 2/3 Vote: First of three required readings, Section 15-1(a), Hawai`i County Charter Postponed: September 6, 2023 (Note: There is a motion by Ms. Evans, seconded by Mr. Inaba, to pass Bill 49, Draft 3, on first reading.) (Note: Comm. 305.20, from Council Member Cindy Evans dated September 19, 2023, transmitting proposed amendments to Bill 49, Draft 3, was circulated.) Motion to Amend: Ms. Evans moved to amend Bill 49, Draft 3, with the contents of Comm. 305.20. Seconded by Ms. Galimba. ACTING CHR. INABA: Council Member Evans. MS. EVANS: Thank you. Thank you, everyone, for your patience. At the last Committee hearing, when we moved it forward to Council, there was discussion and I mentioned that I would propose the amendment that would get back to a few more specifics on what the process would be, instead of relying on it being in rules. And the 30 days that we have there was already in the original Charter, so we're actually putting back in what was already in the current Charter. I think the other thing is it was very specific that it will be done by resolution. I believe that was a good suggestion and discussion that we had that would definitely create transparency and public notice of what we're doing in our Council meeting. So, with that, I ask for your favorable support of the amendment. ACTING CHR. INABA: Thank you. Going to head over to Hilo first. Comments or questions on the amendment? All right, coming back here to Kona. Council Member Galimba. Page 32 Hawaii County Council-22 September 20,2023 MS. GALIMBA: Thanks. I think I'm okay with this. I just wanted to ask. So, basically, where we are right now is that the substance of what we're doing is being more specific about how we would fill a vacancy. Is that more or less, or could you maybe explain if MS. EVANS: There are some more specifics. I think it gives a little more clarity to what the process is. I know there were some concerns about maybe chairs waiting too long and not taking action. This clearly is very specific that within 30 days, but it also says it will be done by resolution, which means it will be posted for the public to be able to see that it's coming up. And of course the public would have an opportunity to attend the hearing, but also provide testimony because it would get posted on the agenda. I think the other thing is, currently, the way the Charter was, it had to be due by registered mail. So we've deleted that part. So now it's giving notice. Because, we were limited before by doing it by registered mail. The other thing is this is really clear that if there is a vacancy that occurs after a primary election, if it occurs then, not before but after ACTING CHR. INABA: Hang on, Council Member Evans. I think we just want to be specific to the amendment right now so that what you said so far has clarified what the point of the amendment is. MS. EVANS: Yeah, so that's the amendment is to give more clarity on process. ACTING CHR. INABA: Thank you. Any further discussion? Council Member Galimba. Okay. Heading back to Hilo. Checking over with the amendment. MS. KIMBALL: We're good, Chair. ACTING CHR. INABA: Thank you. Council Member Evans, any last thoughts on the amendment? All right, there is a motion on the floor to amend Bill 49, Draft 3, with the contents of Communication 305.20. All those in favor, please say "aye." Vote on Motion to The motion to amend Bill 49, Draft 3, with the contents of Amend: Comm. 305.20 was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. Page 33 Hawaii County Council-22 September 20,2023 ACTING CHR. INABA: Back to the main motion; Bill 49, Draft 3, as amended. Council Member Evans. MS. EVANS: I believe I make a motion now to waive our rules so we can have further discussion. ACTING CHR. INABA: No need. We're not on final reading. MS. EVANS: No need? Okay, thank you. I appreciate it. So, back to the main motion. I ask for your favorable support. I really appreciate theI know it seems like it went on a long time, but it was a really, I think, very thoughtful discussion, and one that I think we came up with something that is really workable. And you don't want to be too specific in Charter amendments, but you want enough so that there is guidance. And I think what we came up with really reflected on the thoughtful discussion that we had over time, and ask for your favorable support. Thank you. ACTING CHR. INABA: Thank you. Any discussion on the main motion; Bill 49, Draft 3, as amended? MR. KANEALI`I-KLEINFELDER: Chair, I have a question. ACTING CHR. INABA: Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Just reading through this Section (a), there's an omission of the sentence "The person appointed shall serve until a successor is duly elected and seated." And so just pointing that out to the body that when, given my reading of this, that from where we've started, and I could be wrong here, but from where we've started, we now will, "Should the council" I'm just reading through Section (a) in this amendment that we've amended the bill with, "Should the council fail to fill any vacancy within sixty days after its occurrence, the . . . chairperson shall appoint a successor . . . to fill the vacancy for the remainder of the unexpired term." In the original languageI think this is the original language. Okay. The original language: The person appointed would only serve until someone was elected to actually fill the seat, and I want to make sure that's the direction we're choosing to go with. So, saying the members appointed will serve until someone is elected and then seated. If that's how the body feels, fine. It's not really bothering me, but it creates more change in leadership for the district that would already be kind of fluctuating, and maybe more problems for the district or not. But just putting it out thereto the body for comment. Thank you. MS. KIMBALL: Chair? ACTING CHR. INABA: Yes, go ahead, Council Member Kimball. Page 34 Hawaii County Council-22 September 20,2023 MS. KIMBALL: Thank you. I think, to respond to Council Member Kaneali`i- Kleinfelder, that by adding in the language "remainder of the unexpired term," you're basically covering that second statement that has now been removed because the two are basically synonymous in meaning because it would imply that the term is over when somebody is duly elected. But to the main motion, I'm going to pass this. I'm going to support this today to get it to the next reading; however, I am going to propose that when we get to the final stage of this, we actually postpone it to a little bit closer to the deadline for Charter amendments. My argument for that is just to put on my fiduciary responsibility hat if by any chance we have enough other Charter amendments that we now need a second page, and this is the one item on the second page, this seems more clerical in nature than anything. And I would prioritize potentially other Charter amendments before this one. And so,just because we've got to think about that expense, that is going to be my recommendation, is to support now, get it to the stage where it just needs one more reading, but then hold off on it until we see what else needs to go on the ballot. Thank you. I yield. ACTING CHR. INABA: Thank you. Any further discussion in Hilo? MR. KANEALI`I-KLEINFELDER: Yes, but you can come back to me if you need to. ACTING CHR. INABA: Yeah. Council Member Villegas here in Kona. MS. VILLEGAS: I would just like to thank Council Member Evans for the determination it's taken to follow through and make all of the edits to get us to this point. And I also really appreciate the recommendation of Council Member Kimball, and I would concur with that, that depending on how many other Charter amendments we have, that we take that into consideration moving forward. So thank you for putting that option on the table today. I yield. ACTING CHR. INABA: All right, heading back to Hilo. Mr. Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Okay,just one more time, though. To me, in my reading, the omission of the sentence "The person appointed shall serve until a successor is duly elected and seated," and then the temporary person being appointed by the chairperson as a successor to fill a vacancy for the remainder of the unexpired term, the person being appointed is a temporary person to fill the position until the election is held. It would make more sense, in my eyes, to have the person who has been duly elected seated immediately in the position and the temporary person removed. Because, that would create more continuity in the district as far as leadership, or as right now this bill does the opposite, unless I am not understanding "unexpired term." Page 35 Hawaii County Council-22 September 20,2023 ACTING CHR. INABA: I'm going to ask MR. KANEALI`I-KLEINFELDER: That question would be for the maker, if that is the intention. I think you're trying to get someone in to create solid leadership for the district if you lose a council member. If we appoint someone who's temporary and then we are waiting for an election to be held and then for that person to be seated, which would not be until December in an election year, is that the intention? Or am I misreading this language? ACTING CHR. INABA: Mr. Kaneali`i-Kleinfelder, I think,just for clarification purposes, the bill is saying that if we fill a vacancy, that person remains in office until the end of the term, per the communication we just amended with. And if someone gets duly elected in August, they won't start until the first Monday of December at the start of the new term. MR. KANEALI`I-KLEINFELDER: Correct. ACTING CHR. INABA: So that's what's currently before us. MR. KANEALI`I-KLEINFELDER: Correct. Thank you for that. That is you're saying it more clearly than I did, and I'm asking the maker if that is the intention, to have the temporary person hold the seat until the person who's been duly elected is able to walk in the door in December, or if she would like that person who's been elected to take over immediately and replace the temporary person who's been appointed. MS. EVANS: May I answer, Chair? ACTING CHR. INABA: Yes, Council Member Evans. MS. EVANS: So, to answer that, basically if someone gets appointed by the Council, or in this instance if nothing happens by the chairperson, that temporary person would stay all the way until December. What we put in here is if there was a vacancy that occurred after a primary election where someone had gotten elected, that would be the person that would fill the vacancy. So, basically, no. If someone got elected in the primary election and there was already a person filling, temporarily, the seat, they would not replace no,they would not replace that person. MR. KANEALI`I-KLEINFELDER: Okay. Given what you just said, if I was a constituent, I would rather see the duly elected person filling the seat rather than someone who's temporary. Because, that gives them more time to figure out and get their feet under them and how to serve their district, rather than letting someone temporary in nature fill the role who may or may not have any ability to fulfill their role, and then be out in a period of a few months. It would make more Page 36 Hawaii County Council-22 September 20,2023 sense in this continuity of leadership kind of idea to have the elected person walk in and take over the office and get their feet under them, in my opinion. That's my thought to this bill today. ACTING CHR. INABA: All right. Thank you, Mr. Kaneali`i-Kleinfelder. Any further comments in Hilo? MS. KIMBALL: Chair, quickly? This is Council Member Kimball. ACTING CHR. INABA: Yes. MS. KIMBALL: Respectfully to my colleague, I disagree. I think it would be more disruptive to have a situation where you would have basically three different people serving in a role over the course of two years. Because, you'd have the originally elected person, the person that was appointed as their replacement, and then this additional person. I think that lack of continuity would actually be more disruptive, and we did have this discussion previously. I think you may not have been there for that. But that would be my sense, is that while I appreciate what you're saying, I think it would be more disruptive to have three people serving in one position over the course of only two years. I yield, Chair. ACTING CHR. INABA: Mahalo. Any further discussion here in Kona? All right, I'm going to agree with what we passed via the amendment, and I think what Council Member Kimball just said made sense. And I agree with that standpoint that we should be keeping a temporary appointment through the end of a term. And with that, I think as we head to second reading, these Charter amendments are an opportunity for us to really think of all of 1 million possible potential situations that could arise,just to think about providing the public with the best bill and amendment to the Charter since we don't always get to just change the Charter. It will take another two years. So encourage us all to work that way with these Charter amendments. Council Member Evans, any last comments? Thank you. All those in favor of approving Bill 49, Draft 3, as amended with the contents of Communication 305.20 at first reading,please say "aye." Page 37 Hawaii County Council-22 September 20,2023 Vote on Bill 49: The motion to pass Bill 49, Draft 3, as amended to Draft 4, Draft 4 on first reading and adopt Governmental Operations and (Approved) External Affairs Committee Report No. 73 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. ACTING CHR. INABA: This brings us to the end of our agenda. ORDER OF The Acting Chair directed the Council to proceed to the next order of business, THE DAY Order of the Day (Second or Final Reading). (SECOND OR FINAL READING): (Note: Items in this category were taken up previously, out of order.) OTHER The Acting Chair directed the Council to proceed to the next order of business, BUSINESS: Other Business. (There were none.) ANNOUNCE- The Acting Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) ADJOURN- There being no further business, at 12:00 p.m., Ms. Galimba moved to adjourn the MENT: meeting. Seconded by Ms. Evans and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. Page 38 Hawai`i County Council-22 September 20,2023 ACTING CHR. INABA: This meeting is adjourned at 12 noon. Mahalo. OCT 1 8 2023 Council Approval: COUNTY CLERK JH/dg Page 39