Loading...
HomeMy WebLinkAboutMIN COUNCIL 2023-10-04 2022-2024 Hawaii County Council 23`'d Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii October 4, 2023 INVOCATION: Pastor Ron Brav of Calvary Chapel Hilo gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:02 a.m., in the Council Chambers, Hilo, by Ms. Heather L. Kimball, Chair. ROLL CALL: Present: Ms. Heather L. Kimball, Chair Mr. Holeka Goro Inaba, Vice Chair Ms. Cindy Evans, Member Ms. Michelle M. Galimba, Member Ms. Jenn Kagiwada, Member Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member Ms. Susan L. K. Lee Loy, Member Ms. Rebecca Villegas, Member (via videoconference from Kona; came in later) PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, County Clerk Jon Henricks led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions, MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (There were none.) EXPRESSIONS OF CONDOLENCE: STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individual registered to speak and came forward when called by the Chair: Hawaii County Council-23 October 4,2023 Eileen O'Hara: Res. 240-23 (Comm. 426); and Res. 241-23 (Comm. 427), 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 of Minutes: September 6, 2023. Seconded by Ms. Galimba and carried (Approved) 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: All right, moving on, we're going to start with our reports, please. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order: GOEAC-74 NOMINATION OF EILEEN LACERTE TO THE POLICE COMMISSION (Comm. 440): Requires Council Confirmation by: October 13, 2023 (Section 134(k), Hawaii County Charter) (Note: Comm. 440.1, from Mayor Mitchell D. Roth dated September 27, 2023, providing the correct date that Ms. Lacerte's term would end, was circulated.) Motion to Approve: Ms. Lee Loy moved to adopt Governmental Operations and External Affairs Committee Report No. 74. Seconded by Mr. Inaba. CHR. KIMBALL: Any discussion? MR. HENRICKS: Madam Chair, if I could just note for the record we received correspondence from the Mayor's office providing a term-ending date of December 31", 2026, via Communication 440.1 as a correction from the initial letter that was submitted. CHR. KIMBALL: Thank you, Mr. Clerk. Any further discussion on the nomination? Seeing none, all those in favor please say "aye." Page 2 Hawaii County Council-23 October 4,2023 Vote on GOEAC-74: The motion to adopt Governmental Operations and (Adopted) External Affairs Committee Report No. 74 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: The nomination of Eileen Lacerte to the Police Commission is confirmed. Next item,please. GOEAC-75 NOMINATION OF GONZALO GARCIA TO THE ENVIRONMENTAL (Comm. 441): MANAGEMENT COMMISSION Requires Council Confirmation by: October 13, 2023 (Section 13-4(k), Hawaii County Charter) (Note: Comm. 441.1, from Mayor Mitchell D. Roth dated October 4, 2023, providing the correct date that Mr. Garcia's term would end, was circulated.) Motion to Approve: Ms. Lee Loy moved to adopt Governmental Operations and External Affairs Committee Report No. 75. Seconded by Ms. Villegas. CHR. KIMBALL: Any discussion? Council Member Inaba. MR. INABA: I did bring this up at the last meeting. Have we received correspondence for a correction on the date of this nomination? No? MR. HENRICKS: Not that I'm aware of. MR. INABA: Okay. Ms. Bartolome, please? (Note: At this time, Executive Assistant to the Mayor Pomaika`i Bartolome came forward to address the members of the Council.) MR. INABA: In reviewing the existing members on the Environmental Management Commission, I see that they all end at the end of the year, December 31st. This letter shows the term ending May 31st. Can you explain the change? Page 3 Hawaii County Council-23 October 4,2023 MS. BARTOLOME: Aloha. My name is Pomaika`i Bartolome, Executive Assistant to Mayor Roth. Yes. I did mention that in the last meeting and, Council Member Inaba, I apologize that the correction hasn't been made yet. We did make the correction on the other communication, but this one I did not do yet. So I will make sure that that gets corrected as soon as I leave the Council chamber today. So thank you so much for bringing that up. MR. INABA: Are we allowed—we don't have Corporation Counsel here. CHR. KIMBALL: Judge Strance is available over in the Kona chambers. MR. INABA: Corporation Counsel, are we allowed to take action on a letter that we know is incorrect? Is Corporation Counsel on Zoom? (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Good morning. Elizabeth Strance, Corporation Counsel. I haven't run across this particular issue before, but the matter before the Council is the confirmation. And so I believe if you make the record clear that the vacancy is being filled and that there's some question about the end date of the term, then the record is clear. And the Mayor's office can follow up with a subsequent communication to clarify that for the record. MR. INABA: Okay. So do we know what the official correct date is for December? Ms. Bartolome, what's the end date? MS. BARTOLOME: It's December 31st. The year is correct. It's just the month. And to be totally transparent, it was copied and pasted. So all we have to do is change the May to December. MR. INABA: And I don't believe the year is correct either, which I brought up. I don't feel comfortable voting on this because I brought this up at Committee meeting and it's still wrong. So, totally in support of this nomination, but I think the only thing right here is the day of the month. The month and the year are incorrect. So I'll be voting "no." I would also recommend that we maybe table this to the end of today's agenda or until we can get a correction on these communications because this is unacceptable. MS. BARTOLOME: Okay. I will look into it with aloha. Thank you. MS. LEE LOY: Chair, based on my colleague's indication, if we could table Communication 441 to the end of the agenda. Page 4 Hawaii County Council-23 October 4,2023 Motion to Table: Ms. Lee Loy moved to table Governmental Operations and External Affairs Committee Report No. 75 to the end of the agenda. Seconded by Ms. Galimba. MS. VILLEGAS: May I ask a quick question, Chair? CHR. KIMBALL: Yes, Council Member Villegas. MS. VILLEGAS: We have the nominee here in chambers here in Kona. Out of respect for his time, do you think it would be appropriate for us to—it doesn't seem like there are any questions about his viability and approval for his nomination. This is more just a housekeeping thing. But in honor of his time and not needing him to stay here until we bring this back to the table, do you think it would be appropriate to let him know that he's not required to stay? CHR. KIMBALL: I do think that that would be appropriate. I was thinking the same thing. This is kind of out of procedure; a little head nod from everybody that it's okay to let the nominee go. Yes, all right. So thank you, Mr. Garcia, for your patience. We just have this procedural issue to deal with, but you're not required to stay for the rest of the meeting. Okay, a vote on the tabling. All those in favor? MS. VILLEGAS: Thank you, Chair, I yield. Vote on Motion to The motion to table Governmental Operations and External Table: Affairs Committee Report No. 75 to the end of the agenda (Approved) 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: We will table this till later in the agenda. All right, the nomination of Anna Liu. GOEAC-76 NOMINATION OF ANNA LIU TO THE BANYAN DRIVE HAWAII (Comm. 442): REDEVELOPMENT AGENCY (Note: Comm. 442.1, from Mayor Mitchell D. Roth dated October 4, 2023, providing the correct date that Ms. Liu's term would end, was circulated.) Page 5 Hawaii County Council-23 October 4,2023 Motion to Approve: Ms. Lee Loy moved to adopt Governmental Operations and External Affairs Committee Report No. 76. Seconded by Ms. Kierkiewicz. (Note: At this time, Executive Assistant to the Mayor Pomaika`i Bartolome and nominee Anna Liu came forward to address the members of the Council.) (Council Members spoke in support of the appointment. In response to inquiries by Council Member Kagiwada, Ms. Bartolome informed the Council that the Mayor's office is looking to replace commission members whose terms have ended, and she would inform the commission secretary to update the commission's fact sheet.) MR. INABA: Is Mr. Gaddis still on the board? MS. BARTOLOME: As far as I understand, yes. MR. INABA: Okay. First and foremost, thank you. I'll be supporting your confirmation. More procedural things here. I'm wondering if—in reviewing our last communication from Mr. McCully, I see that his term date was incorrect, which we took action on. So I'm wondering what we can do, and I believe the letter before us today from Ms. Liu is also incorrect. So, Corporation Counsel or the Clerk, what would be the fix? Because, I believe Mr. McCully either needs to expire—his term expires either at the end of May 25 or May 26. His letter was May 2027. Corporation Counsel, can you chime in on that, please? (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Good morning. Elizabeth Strance, Corporation Counsel. It sounds like our office needs to sit down with the Mayor's office and go over reconfirm that the dates that are in important documents are correct; and if incorrect, come back before the Council or submit some sort of communication to the Council that clarifies the terms of the various board and commission members. MR. INABA: Okay. And then I guess, for Ms. Liu right now, I would also request tabling this till we can get the communication correct before we take action on it today, because it can't be 2028 based on the record of who's been on this board. It has to be May 31st, 2025 or 2026. So I'm going to make that motion so that we can get and take action on a communication that's correct. But thank you again, Ms. Liu, and I'll be in full support of your confirmation. Page 6 Hawaii County Council-23 October 4,2023 Vote on Motion to Mr. Inaba moved to table Governmental Operations and Table: External Affairs Committee Report No. 76 to the end of the (Approved) agenda. 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 will table this until later in the meeting. You're welcome to go. I think we already deliberated about your actual nomination so this is procedural, and our apologies for the holdup over here. But you're welcome to MS. LIU: No worries. Thank you. You guys have a good day. CHR. KIMBALL: Thank you. MS. BARTOLOME: Chair, may I? MR. HENRICKS: Chair, if you can announce the result of the motion to table? CHR. KIMBALL: I'm sorry. You have nine in favor, Mr. Clerk. MR. HENRICKS: Thank you. MS. BARTOLOME: Sorry, am Ican I just share something real quick? CHR. KIMBALL: Go ahead. MS. BARTOLOME: Okay. Thank you for being here. And I just wanted to share for the record, Council Member Inaba, I felt very disrespected the way that you shared what you shared. So, before I leave here today, I just wanted to say that, that sometimes our approach and the way that we say things, I'm not a child. And so I just wanted to share that. CHR. KIMBALL: Okay, we're (inaudible). MS. BARTOLOME: Yeah, thank you very much, for the record, but I wanted to share that because it's important. CHR. KIMBALL: Understood. Page 7 Hawaii County Council-23 October 4,2023 MS. BARTOLOME: I'm here recruiting volunteers, and if this is how we're going to conduct ourselves Point of Order: MR. INABA: Chair,point of order. MS. BARTOLOME: That's inappropriate. So thank you. CHR. KIMBALL: We'll move on. Thank you. With that, Mr. Clerk, we have tabled two items. At this point, I would like to take up Bill 61, please. 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) Postponed: September 6, 2023 First Reading: September 20, 2023 Vote on Bill 61: Ms. Galimba moved to pass Bill 61 on second and final (Adopted) reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. CHR. KIMBALL: Bill 61 is adopted. Thank you, Mr. Arai. Let's see. I believe we have OHCD (Office of Housing and Community Development) here for Bill 64. Page 8 Hawaii County Council-23 October 4,2023 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) First Reading: September 20, 2023 Vote on Bill 64: Mr. Kaneali`i-Kleinfelder moved to pass Bill 64 on second (Adopted) and final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Bill 64 is adopted at second and final reading. If we may go to Resolution 280. Do you have another one? Okay, got it. Thank you for bringing that to our attention. All right, Mr. Clerk, I apologize for jumping around here, but can we do 70 and then 71, please? Bill 70: 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 Home Program —Tenant-Based Rental Assistance Fraud Recovery Income account($5,000); and appropriates the same to the Tenant- Based Rental Assistance Fraud Recovery Income account to allow for the receipt of funds recovered from tenants who have committed fraud. Reference: Comm. 448 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-78 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 70 on first reading and adopt Finance Committee Report No. 78. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. Page 9 Hawaii County Council-23 October 4,2023 MR. KANEALII-KLEINFELDER: No discussion, Chair. We had good discussion in Committees. CHR. KIMBALL: Thank you. Any further discussion on this item? Seeing none, all those in favor please say "aye." Vote on Bill 70: The motion to pass Bill 70 on first reading and adopt (Approved) Finance Committee Report No. 78 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Bill 70 is approved at first reading. Bill 71, please. Bill 71: 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 the Block Grant Program Income account($150,000); and appropriates the same to the West Hawaii Emergency Shelter and Facility Energy Efficiency Improvements account, bringing the total appropriation to $300,000. These additional funds will be used to renovate the facility in accordance with the Fiscal Year 2023 Community Development Block Grant Annual Action Plan. Reference: Comm. 449 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-79 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 71 on first reading and adopt Finance Committee Report No. 79. Seconded by Ms. Lee Loy. CHR. KIMBALL: Any discussion? MR. KANEALII-KLEINFELDER: Chair, please? CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Thank you. What I like about this is that it's going towards energy efficiency, and specifically installing a photovoltaic system to decrease the overhead cost for the structure. I very much like this. Thank you for doing this, you folks. I appreciate it. Thank you, Chair, I yield. Page 10 Hawaii County Council-23 October 4,2023 CHR. KIMBALL: Thank you, Council Member. Anyone else on this item? Seeing none, all those in favor please say "aye." Vote on Bill 71: The motion to pass Bill 71 on first reading and adopt (Approved) Finance Committee Report No. 79 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Bill 71 is approved at first reading. Thank you again for being here. I appreciate it. Okay, let's pop back up to Resolution 280-23, please. Res. 280-23: AUTHORIZES THE ACCEPTANCE OF A DONATION OF THREE PIERCE FIRE ENGINES FROM THE HONOLULU FIRE DEPARTMENT The donation from Honolulu Fire Department, with an estimated value of$135,000, would be utilized in the Hawaii Fire Department's reserve fleet of engines. Reference: Comm. 478 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 280-23. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you very much, Chair. This was waived to Council to expedite the donation. We do have our Fire Department joining us today. Do you want to add anything, sir? I always appreciate donations to the County. There is always a concern of cost or upkeep, but the cost of new equipment is incredibly expensive and takes forever to get here these days. So give us some background on this. (Note: At this time, Deputy Fire Chief Eric Moller came forward to address the members of the Council.) MR. MOLLER: Eric Moller, Deputy Fire Chief. Thank you very much for the opportunity to speak to this. This is a very gracious gift coming down from Honolulu. The 135,000 is kind of a lowball figure. If we were to replace these engines today, we're talking about 750,000 in value. Page 11 Hawaii County Council-23 October 4,2023 We are really short on equipment, as you've probably heard many times; my boss talks about the budget and our need for maintenance. Right now, we're at that point where it's like repairing a plane while you're flying. It's aanything we take out of service to repair to do upkeep on it is going to take something—it's going to leave us a puka. We actually just recently had to pull some of our volunteer engines to support the career side in the actual response. So these three engines are going to be a great additional asset to us to be able to move around and actually bring vehicles that need routine maintenance and need specialized maintenance, and bring them into the shop and try to take care of them and extend their life. As we all know, we don't have an unlimited budget. And we do have plans in the future of replacing a lot of these engines, but it's going to be a long time to get there. Right now, the turnaround time is about two years from the time that we enter into a contract for a vehicle till when we get it. So, best-case scenario, we're looking at two to three years before we start getting an influx of engines to replace some of our aged fleet. So this is a huge benefit for us, and it makes it a safer and a better operation for response. MR. KANEALI`I-KLEINFELDER: Thank you very much. This is going to be for island wide ability, then, yes? MR. MOLLER: Yes. The intent with these vehicles is to replace frontline apparatus so we can get those frontline apparatus in to get maintained, and we'll rotate these vehicles around where they're needed; also if we have breakdowns because we do, once again, have an aged fleet. These vehicles will be able to do those preventive measures to make sure that we can extend them until we can get an influx of new vehicles. MR. KANEALI`I-KLEINFELDER: Thank you. I looked at the resolution. I like that a letter of appreciation and copy of the resolution will be sent to Fire Chief Sheldon K. Hao in the Honolulu Fire Department. I really appreciate that being done as a`BE IT FURTHER RESOLVED" clause in the resolution. Thank you. MR. MOLLER: Thank you. I think it's also worth mentioning real quick that Maui, before the disaster, was also trying to support us with two vehicles. And unfortunately, because of their losses, they've had to kind of pull that back. But it's a testament to the aloha throughout the islands as far as the fire service and helping each other out. MR. KANEALI`I-KLEINFELDER: Mahalo for that. Thank you. I yield, Chair. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Council Member Kierkiewicz. Page 12 Hawaii County Council-23 October 4,2023 MS. KIERKIEWICZ: Thank you, Chair. Hi, Chief. Great to see you. Thanks for helping to coordinate this donation. When can we expect these apparatus to arrive to our island? MR. MOLLER: They're on the island already. MS. KIERKIEWICZ: They're on the island already. MR. MOLLER: We're getting equipment put in as far as radios, and we're expecting within the next couple of weeks to have them in service and helping out. MS. KIERKIEWICZ: Okay, wonderful. And I love that they'll be rotating island wide to support our various stations. They're from 1997 and 1999. So just making sure that we have all of the parts and everything needed to maintain these apparatus. How long do you think the lifespan of these vehicles will be here on our island? MR. MOLLER: These were very well-maintained apparatus out of Oahu. Chief Samala, who's their deputy, was very good making sure that what he sent down to us needed very minimal repairs. Talking with our mechanics, they went up and did a full evaluation of these vehicles before we accepted them. Being a Pierce fire truck, which we have several in our own fleet, we don't believe that there's any equipment issues as far as maintenance. I believe we can probably squeeze another five to six years easily out of these vehicles, and it's replacing and helping us with vehicles that are of equal age, if not more, within our department. MS. KIERKIEWICZ: Okay, that's great. I mean, it's really troubling when you say our career folks have to borrow from volunteer stations. So I'm glad that we finally have this part of our rotation. MR. MOLLER: Yeah, thank you. MS. KIERKIEWICZ: Thank you, Chief. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else? All right, seeing none, I'll just express my gratitude to the Honolulu Fire Department for these donations. And thank you for working collaboratively with the other counties to ensure that we have the best response available. So, appreciate your time today. All those in favor of adopting Resolution 280-23, please say "aye." Page 13 Hawaii County Council-23 October 4,2023 Vote on Res. 280-23: The motion to adopt Res. 280-23 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 280-23 is adopted. MR. MOLLER: Thank you very much. CHR. KIMBALL: Thank you, Deputy. All right, at this time we'll just go to the to of the agenda. I'm going to hold off on Resolution 240 for the moment, but we'll start with 241. Res. 241-23: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO MALAMA O PUNA Approves a grant of$53,200 to Malama O Puna, a 501(c)(3)nonprofit organization to provide land stewardship and cultural education for the Wai`ele, Puna property, (Tax Map Keys: 1-4-003:003 and 037), pursuant to Section 10-16(h) of the Hawaii County Charter. Reference: Comm. 427 Intr. by: Ms. Kierkiewicz Approve: LAAC-32 Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 241-23 and Legislative Approvals and Acquisitions Committee Report No. 32. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I just want to take a moment to appreciate Malama O Puna and some of the lineal descendants as well as cultural practitioners that are coming together to pull together a stewardship grant, document a lot of the historical features that are there and really work to preserve this precious `aina and elevate the mo`olelo of that place. So, looking for everyone's continued support on this resolution. Thank you. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else? Seeing none, all those in favor please say "aye." Page 14 Hawaii County Council-23 October 4,2023 Vote on Res. 241-23: The motion to adopt Res. 241-23 and Legislative (Adopted) Approvals and Acquisitions Committee Report No. 32 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Resolution 241-23 is adopted. Next item, please. 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 Postponed: September 20, 2023 (Note: There is a motion by Ms. Galimba, seconded by Ms. Villegas, to adopt Res. 246-23.) (Note: Comm. 432.1, from Council Member Jenn Kagiwada dated October 2, 2023, transmitting proposed amendments to Res. 246-23, was circulated.) Motion to Amend: Ms. Kagiwada moved to amend Res. 246-23 with the contents of Comm. 432.1. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: Thank you so much. Sorry I wasn't here when this discussion happened, but it was a good catch by Corp. (Corporation) Counsel. We reached back out to HPD (Hawai`i Police Department), and we found some things that they really need support on for this event. We are going to be funding their speaker fees and refreshments, which have been cleared by Corporation Counsel. And just a note that we have had to change this to reimburse the Police Department because the event has already occurred. So, looking for your support. Thank you. Page 15 Hawaii County Council-23 October 4,2023 CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Lee Loy. MS. LEE LOY: I want to thank Ms. Kagiwada for this contingency relief money. I had the opportunity to go to the program. And, first of all, thanking all my colleagues for signing all of the certificates. This was a large program for them because they didn't have the program from 2020. So they actually honored all of our law enforcement officers. So not only our Police Department, but FBI (Federal Bureau of Investigation), DOFAW (Division of Forestry and Wildlife), you name it. They all received awards. But one thing I also wanted to share, because she's such a good friend to us here, is Pastor Renee Godoy was honored by HSLEOA (Hawai`i State Law Enforcement Officials Association) with their Lokahi award for her work with the first responders program. And so I just wanted to share that with you because the circle of impact that we have with these contingency relief monies really does go a long way where other programs are also recognizing the good work of all this money. So thank you. Thank you to everyone for their support. I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Anyone else? Thank you for being there and representing our Council. We appreciate that. All right, all those in favor of adopting—we're still on the amendment. I don't think we did the vote on that. All those in favor of amending Resolution 246-23, say "aye." Vote on Motion to The motion to amend Res. 246-23 with the contents of Amend: Comm. 432.1 was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball–9. Noes: None. Absent: None. Excused: None. Vote on Motion to Ms. Kagiwada moved to suspend Council Rule 23 to waive Suspend Council the holdover for the substantive amendment of Rules: Res. 246-23. 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. Page 16 Hawaii County Council-23 October 4,2023 CHR. KIMBALL: We're back to the main resolution, as amended. Any further discussion on the resolution? Seeing none, all those in favor of adopting Resolution 246-23, as amended, please say "aye." Vote on Res. 246-23: The motion to adopt Res. 246-23, as amended to Draft 2, Draft 2 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: Resolution 246-23 is adopted, as amended. Next item, please. Res. 253-23: CHANGES TIME ELEMENT OF A HALF-TIME ASSISTANT COUNTY PHYSICIAN TO FULL-TIME Requests adjustment to full-time to address an increase in employee examinations in West Hawaii. Reference: Comm. 443 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-72 Vote on Res. 253-23: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 253-23 and (Adopted) Finance Committee Report No. 72. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Resolution 253-23 is adopted. Next item, please. Page 17 Hawaii County Council-23 October 4,2023 Res. 255-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAII, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE HAWAII COUNTY RESEARCH AND DEVELOPMENT DEPARTMENT Allows for the receipt of$100,000 in federally-derived funds to assist in the development and implementation of a plan to achieve equitable internet access for all Hawaii residents. Reference: Comm. 445 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-73 Vote on Res. 255-23: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 255-23 and (Adopted) Finance Committee Report No. 73. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Resolution 255-23 is adopted. Next item, please. Res. 256-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE HAWAII COUNTY RESEARCH AND DEVELOPMENT DEPARTMENT Allows for the receipt of$175,000 in federally-derived funds to provide services and financial assistance for internet subscription fees for qualified households on Hawaii Island. Reference: Comm. 446 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-74 Page 18 Hawaii County Council-23 October 4,2023 Vote on Res. 256-23: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 256-23 and (Adopted) Finance Committee Report No. 74. Seconded by Ms. Kagiwada 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 256-23 is adopted. Next item, please. Res. 264-23: 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 KELI`I WILLIAM IOANE LEGACY FOUNDATION FOR THE 2023 MAKAHIKI COMMUNITY CELEBRATION Transfers $2,900 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 462 Intr. by: Ms. Lee Loy (Note: Comm. 462.1, from Council Member Susan L. K. Lee Loy dated October 4, 2023, transmitting proposed amendments to Res. 264-23, was circulated.) Motion to Approve: Ms. Lee Loy moved to adopt Res. 264-23. Seconded by Ms. Galimba. Motion to Amend: Ms. Lee Loy moved to amend Res. 264-23 with the contents of Comm. 462.1. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Lee Loy. MS. LEE LOY: This was at the suggestion of Corporation Counsel. That one "WHEREAS" clause made it look like we were giving money for prizes when really it's for materials and supplies for the Makahiki games. So that's what that edit is for. Ask for my colleagues' support. CHR. KIMBALL: Thank you, Council Member Lee Loy. Any other discussion on the amendment? Seeing none, all those in favor please say "aye." Page 19 Hawaii County Council-23 October 4,2023 Vote on Motion to The motion to amend Res. 264-23 with the contents of Amend: Comm. 462.1 was carried by the following voice vote: (Approved) 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 [sic] 264-23 is amended. Now, go ahead, Council Member Lee Loy. MS. LEE LOY: Thank you. Vote on Motion to Ms. Lee Loy moved to suspend Council Rule 23 to waive Suspend Council the holdover for the substantive amendment of Rules: Res. 264-23. Seconded by Ms. Galimba and carried by the (Approved) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Our rules are suspended. On the main motion. MS. LEE LOY: On the main motion, yes. Thank you to my colleagues for their support. We had a wonderful presentation by Ainaaloha Ioane. This is for a lot of that cultural protocols that will be coming up during the Lono Makahiki session. And so it is a little more than it was last year, but we do anticipate more people taking an interest. So, looking forward to my colleagues' support. I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Any further discussion on this? Seeing none, all those in favor of adopting 264-23, as amended, please say "aye." Page 20 Hawaii County Council-23 October 4,2023 Vote on Res. 264-23: The motion to adopt Res. 264-23, as amended to Draft 2, Draft 2 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: Resolution 264-23, as amended, is adopted. Next item, please. Res. 265-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KEAUKAHA ONE YOUTH DEVELOPMENT TO ASSIST WITH EXPENSES RELATED TO ITS ROBOTICS PROGRAM Transfers $3,500 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 463 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 265-23. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Lee Loy. MS. LEE LOY: Ask for my colleagues' support. CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 265-23: The motion to adopt Res. 265-23 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 265-23 is adopted. Next item, please. Page 21 Hawaii County Council-23 October 4,2023 Res. 266-23: 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 FRIENDS OF THE PANA`EWA ZOO TO PURCHASE KEIKI CUDDLE CARTS FOR USE AT THE PANA`EWA RAINFOREST ZOO AND GARDENS Transfers $4,747 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 464 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 266-23. Seconded by Ms. Kagiwada. CHR. KIMBALL: Council Member Lee Loy. MS. LEE LOY: I hear my colleagues asking what's a cuddle cart. It really is like a stroller for kids. But one thing about this particular cuddle cart, it's actually universally designed for even our kids with special needs. So we're actually taking two really big bites out of the apple with this funding where we're providing for our tittles but also those who are a little more challenged in getting around at the zoo that we have. So I ask for my colleagues' support. CHR. KIMBALL: Thank you, Council Member Lee Loy. Any further discussion on this item? Seeing none, all those in favor please say "aye." Vote on Res. 266-23: The motion to adopt Res. 266-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. KIMBALL: Resolution 266-23 is adopted. Page 22 Hawaii County Council-23 October 4,2023 Res. 267-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO REIMBURSE THE POLICE DEPARTMENT FOR EXPENSES RELATING TO THE 67TH ANNUAL HAWAII STATE LAW ENFORCEMENT OFFICIALS ASSOCIATION CONFERENCE Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Police Department, Police Administration Division-Other Current Expenses account. Reference: Comm. 465 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 267-23. Seconded by Ms. Galimba. CHR. KIMBALL: Any discussion? MS. LEE LOY: No,just ask for my colleagues' support. CHR. KIMBALL: Thank you, Council Member Lee Loy. Any other discussion? Seeing none, all those in favor please say "aye." Vote on Res. 267-23: The motion to adopt Res. 267-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. KIMBALL: Resolution 267-23 is adopted. We'll move to 268. Res. 268-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII JAPANESE CENTER FOR THE JAPANESE COMMUNITY ASSOCIATION OF HAWAI`I'S 2023 BUNKA NO HI PROGRAM Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 466 Intr. by: Ms. Kagiwada Page 23 Hawaii County Council-23 October 4,2023 Motion to Approve: Ms. Kagiwada moved to adopt Res. 268-23. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: Thank you so much. Excited about this celebration of Japanese culture. It's going to be happening on November 18, 2023. Everybody's invited of course. They're going to have a parade and many other activities, and I'm really happy to support this important event in our community. So, looking for your support. Thank you. CHR. KIMBALL: Thank you, Council Member. Anyone else? All right, all those in favor please say "aye." Vote on Res. 268-23: The motion to adopt Res. 268-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. KIMBALL: Resolution 268-23 is adopted. Res. 269-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO VIBRANT HAWAII TO ASSIST WITH THE BANYAN DRIVE BEAUTIFICATION PROJECT AT THE FORMER UNCLE BILLY'S HILO BAY HOTEL Transfers $1,872 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 467 Intr. by: Ms. Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 269-23. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: Thank you so much. Actually, Council Member Lee Loy came to me with this, I think, very good idea to get our local artists involved with Page 24 Hawaii County Council-23 October 4,2023 helping get information out to the public using the Banyan Drive redevelopment that's going on, and she wants to add a little more. But just looking for all your support on this. Thank you. CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Lee Loy. MS. LEE LOY: Thank you, Ms. Kagiwada. We've seen a lot of conversation right here in the chambers about Banyan Drive; a lot of moving pieces. So thank you, Ms. Kagiwada. This money is actually to start a collaboration and cocreation workshop that will plan to convene diverse stakeholders that share an affinity to Banyan Drive—kind of stuck between some Hawaiian language stuff—but to create a community mural. And so this is kind of Step 1. And we did get the blessings from the Board of Land and Natural Resources, along with our chair, Dawn Chang. It's really an opportunity to engage community. So thank you again, and thank you for this funding, Ms. Kagiwada. Ask for my colleagues' support. I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 269-23: The motion to adopt Res. 269-23 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 269-23 is adopted. We will just take a second here. I'm going to give us a little five-minute recess. All right, we'll come back at 10:05. Recess: At 10:00 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:05 a.m. CHR. KIMBALL: All right, we are on Resolution 270-23. Page 25 Hawaii County Council-23 October 4,2023 Res. 270-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HE HO`OMAKA HOU ANA O` PUNA TO SUPPORT THE HAWAII COMMUNITY COLLEGE'S `AUAMO KULEANA DOMESTIC VIOLENCE SUMMIT Transfers $2,000 from the Clerk-Council Services –Contingency Relief account (Council District 2); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 468 Intr. by: Ms. Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 270-23. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: Happy to support this organization and this event happening. We're going to have a domestic violence summit in coordination with Hawaii Community College. It's going to be on October 13 at the Hawaii Community College, and the funding's going to be used for supplies/materials for the event, things like that. So, very happy to support this event. Hope that other people might be able to attend. Looking for your support. Thank you. CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else? Council Member Lee Loy. MS. LEE LOY: This month is actually domestic violence month. And so, in addition to the summit, there'll be sign waving on October 5h. So, if anyone's interested, come on down. I yield. CHR. KIMBALL: Thank you. I do believe that October 5h is tomorrow. All right. Council Member Evans. MS. EVANS: Thank you. Yeah, it's Domestic Violence Awareness Month. So, yeah, really appreciate the support of what they're doing. I've just—personally, I've been told that a lot of young people go to college and they've never really dated, or had an intimate partner relationship. And sometimes behaviors they think are normal are not, and this type of literature and this type of awareness opens up their eyes that"I'm not being treated with respect,"but they don't know that. And so I've been told by young people that have said it changed their lives, just learning that this behavior is not appropriate. So I'm really supportive and really appreciate you bringing it forward. Thank you, I yield. CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? Seeing none, all those in favor please say "aye." Page 26 Hawaii County Council-23 October 4,2023 Vote on Res. 270-23: The motion to adopt Res. 270-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Kaneali`i-Kleinfelder—2. Excused: None. CHR. KIMBALL: Resolution 270-23 is adopted. Next item. Res. 271-23: 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 PANA`EWA ZOO TO PURCHASE KEIKI CUDDLE CARTS FOR THE PANA`EWA RAINFOREST ZOO AND GARDENS Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 469 Intr. by: Ms. Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 271-23. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. This is also for the cuddle carts at the zoo, and looking for your support. And I just want to do a shout-out to my legislative assistant, Shannon Matson, who has you know what, you can see I have five CRFs (Contingency Relief Funds) on here, and she did quite a lot of work, especially going back and forth with the amendment for the HPD one. So just appreciating her and all her work here. So thank you. Looking for your support. CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I just want to recognize Mr. Henricks' very good pronunciation of the Hawaiian language. Thank you. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder, although I will note that he said "Keaukaha One" instead of"Keaukaha One (oh-nay)." I was going to call you out at the time. Page 27 Hawaii County Council-23 October 4,2023 MR. HENRICKS: Thank you, Matt. I appreciate the compliment. Let's never do that again. CHR. KIMBALL: All right. In all seriousness, all those in favor of adopting Resolution 271-23, please say "aye." Vote on Res. 271-23: The motion to adopt Res. 271-23 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 271-23 is adopted. Next item, please. Res. 272-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF THE LIBRARY- WAIKOLOA REGION TO ASSIST WITH EXPENSES RELATED TO ITS BABY'S FIRST BOOK PROJECT Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 470 Intr. by: Ms. Evans Motion to Approve: Ms. Evans moved to adopt Res. 272-23. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. I ask for your favorable support. These books are given to all newborn babies, and they're delivered at the hospitals. It's been a very great program that's gone on for many years. Another organization, I think, started it maybe 15 years ago, and then it has been picked up by Friends of the Library and it's very well received. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Any further discussion? All those in favor please say "aye." Page 28 Hawaii County Council-23 October 4,2023 Vote on Res. 272-23: The motion to adopt Res. 272-23 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 272-23 is adopted. Next item, please. Res. 273-23: 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 KAMUELA PHILHARMONIC ORCHESTRA SOCIETY TO ASSIST WITH EXPENSES RELATING TO ITS MUSIC APPRECIATION CONCERT Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 471 Intr. by: Ms. Evans Motion to Approve: Ms. Evans moved to adopt Res. 273-23. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. I ask members for their support. I think it's self- explanatory. Thank you. CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 273-23: The motion to adopt Res. 273-23 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 273-23 is adopted. Next item, please. Page 29 Hawaii County Council-23 October 4,2023 Res. 274-23: 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 FRIENDS OF FIRST RESPONDERS TO ASSIST WITH EXPENSES RELATING TO ITS UPCOMING TRAINING PROGRAMS Transfers $3,000 from the Clerk-Council Services –Contingency Relief account (Council District 9); and credits to the Hawaii Fire Department, Fire Operations Other Current Expenses account. Reference: Comm. 472 Intr. by: Ms. Evans Motion to Approve: Ms. Evans moved to adopt Res. 274-23. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. I ask for your support. CHR. KIMBALL: Any further discussion? Council Member Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: This is actually something I was looking to do as well, but the G.R.LN. Crisis Intervention Training was canceled. I fully support it. But, Ms. Strance, if you could? (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MR. KANEALI`I-KLEINFELDER: Thank you, Betsy. So a portion of this resolution was canceled in the "WHEREAS" clause—one, two, three, four down—for the G.R.LN. crisis intervention training, but listed is a number of other trainings and programs. My question's fairly simple. If we were to amend our resolution to imitate this language, would we be able to move forward with our resolution for the same contingency relief fund request give? MS. STRANCE: Good morning. Elizabeth Strance, Corporation Counsel. The answer is "yes"with a caveat: so long as the funds that are being allocated can be absorbed into those other areas. MR. KANEALI`I-KLEINFELDER: Okay, thank you very much. I fully support the resolution. Thank you, Ms. Strance. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Any additional discussion? Council Member Evans. Page 30 Hawaii County Council-23 October 4,2023 MS. EVANS: I had conversations with the person who requested it and said that I liked the work that they were doing. I wanted to support the work they were doing. I wasn't fixated on one particular event, though, and I told them that. Because, like you said, events can change over time, and I didn't realize they canceled it. So, anyway, it's good to know. I think the way we wrote it "including but not limited to"these types of sessions I think it should be good. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 274-23: The motion to adopt Res. 274-23 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 274-23 is adopted. Next item, please. Res. 275-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO REIMBURSE THE POLICE DEPARTMENT FOR EXPENSES RELATING TO THE 67TH ANNUAL HAWAII STATE LAW ENFORCEMENT OFFICIALS ASSOCIATION CONFERENCE Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Police Department, Police Administration Division-Other Current Expenses account. Reference: Comm. 473 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 275-23. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Just joining my colleagues in supporting the law enforcement officials conference, and also a quick shout-out to my legislative aide. I think all of our LAs (legislative assistants) work really hard with all of the process and bureaucracy and paperwork to get this funding out the door. So, huge mahalo to you, Ku`uhiapo. Appreciate you. Thank you, Chair. Page 31 Hawaii County Council-23 October 4,2023 CHR. KIMBALL: Thank you, Council Member. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 275-23: The motion to adopt Res. 275-23 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 275-23 is adopted. Next item, please. Res. 276-23: 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 PAHOA LAVA ZONE MUSEUM TO SUPPORT PLACEMAKING INITIATIVES IN PAHOA VILLAGE Transfers $15,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 474 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 276-23. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. I just want to recognize and mahalo Amedeo Markoff and Kevin Kushel who are strong partners in helping to implement a lot of these placemaking projects in the Pahoa area. Funding is going to be used to pay local artists to do murals in Downtown Pahoa as part of a long-standing beautification effort. We also hosted a crime prevention summit and do plan to host other events to have a more localized community-driven collaborative approach to dealing with crime in the area. And so some of this money will be used to implement the actions, the recommendations coming out of those summits. And then also supporting the annual Christmas parade that happens in Downtown Pahoa. So, looking for my colleagues' support so that we can support community and their efforts to really create a sense of community and give back. Thank you. I yield. Page 32 Hawaii County Council-23 October 4,2023 CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 276-23: The motion to adopt Res. 276-23 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 276-23 is adopted. Next item, please. Res. 277-23: 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 WEST HAWAII VETERANS CEMETERY DEVELOPMENT AND EXPANSION ASSOCIATION TO CONSTRUCT A WORLD WAR II MEMORIAL Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 475 Intr. by: Mr. Inaba Motion to Approve: Mr. Inaba moved to adopt Res. 277-23. Seconded by Ms. Lee Loy. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: I ask for my colleagues' support. There's continued development of different memorials within the veterans cemetery in Kona, and this is the next memorial that is being planned and constructed. Mahalo. CHR. KIMBALL: Thank you, Council Member. Anyone else? Seeing none, all those in favor please say "aye." Page 33 Hawaii County Council-23 October 4,2023 Vote on Res. 277-23: The motion to adopt Res. 277-23 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 277-23 is adopted. Next item, please. Res. 278-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAMAKUA HEALTH CENTER, INC., FOR LADIES NIGHT OUT, A BREAST CANCER AWARENESS EVENT IN HONOKA`A Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 476 Intr. by: Ms. Kimball (Note: Comm. 476.1, from Council Chair Heather L. Kimball dated October 3, 2023, transmitting proposed amendments to Res. 278-23, was circulated.) Motion to Approve: Mr. Inaba moved to adopt Res. 278-23. Seconded by Ms. Lee Loy. Motion to Amend: Mr. Inaba moved to amend Res. 278-23 with the contents of Comm. 476.1. Seconded by Ms. Lee Loy. CHR. KIMBALL: I'll just quickly note Corp. Counsel has been on fire catching little minor errors here. So we can't specifically fund entertainment, so we are expressly funding musician fees for this event. That's the purpose of the amendment. Any further discussion on the amendment? All those in favor of amending Resolution 278-23 with the contents of Communication 476.1,please say "aye." Page 34 Hawaii County Council-23 October 4,2023 Vote on Motion to The motion to amend Res. 278-23 with the contents of Amend: Comm. 476.1 was carried by the following voice vote: (Approved) 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 278-23 is amended. Vote on Motion to Mr. Inaba moved to suspend Council Rule 23 to waive the Suspend Council holdover for the substantive amendment of Res. 278-23. Rules: Seconded by Ms. Lee Loy and carried by the following (Approved) voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Back to the main motion, 278-23 as amended. Just ask for my colleagues' support for this important awareness event in my district. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 278-23: The motion to adopt Res. 278-23, as amended to Draft 2, Draft 2 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: Resolution 278-23, as amended, is adopted. Next item, please. Page 35 Hawaii County Council-23 October 4,2023 Res. 279-23: AUTHORIZES THE ACCEPTANCE OF A DONATION OF LABOR AND MATERIALS FOR A HOMERUN FENCE TO THE DEPARTMENT OF PARKS AND RECREATION The donation from West Side Hawaii Little League, with an estimated value of $14,700, would be used to install a homerun fence at William Charles Lunalilo Playground in Kailua-Kona. Reference: Comm. 477 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 279-23. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you very much, Chair. This was waived to Council to expedite the donation and the acceptance of labor and materials for Parks and Recreation. I look forward to everyone's support. CHR. KIMBALL: Thank you, Council Member. Rebecca, this is your district? Council Member Villegas, I don't know if you have anything to add to this conversation. MS. VILLEGAS: Nope. Just grateful. CHR. KIMBALL: All right. Thank you. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 279-23: The motion to adopt Res. 279-23 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 279-23 is adopted. This time we'll move on to bills for first reading. Page 36 Hawaii County Council-23 October 4,2023 STATEMENTS The following individual registered to speak and came forward when called by FROM THE the Chair: PUBLIC ON BILL 66 Marco Mangelsdorf: In support. (DRAFT 2) (representing ProVision Solar) (COMM. 435.2): Bill 66: AMENDS CHAPTER 5, ARTICLE 4, SECTION 5-4-3, OF THE HAWAII (Draft 2) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO INSTALLATION OF PHOTOVOLTAIC SYSTEMS Amends Subsection (f)by requiring a professional electrical engineer licensed in the State of Hawaii to prepare, design, and stamp electrical design drawings and specifications for residential photovoltaic systems if the system exceeds 10 kilowatts. Reference: Comm. 435.2 Intr. by: Mr. Kaneali`i-Kleinfelder Approve: PCPLUD-4 (Note: Comm. 435.3, from Council Member Cindy Evans dated October 2, 2023, transmitting proposed amendments to Bill 66, Draft 2, was circulated.) Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 66, Draft 2, on first reading and adopt Policy Committee on Planning, Land Use, and Development Report No. 4. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Thank you very much, Chair. Good discussion at the Committee level. I reviewed the video and the transcripts from the last meeting, with the vote and the way that it was, and with the confirmation from the department that this meets that they can uphold on their end. I look for everyone's support on this. I yield. CHR. KIMBALL: Thank you, Council Member. Any further discussion? MS. EVANS: I have a proposed amendment. CHR. KIMBALL: Go ahead and make the motion. Motion to Amend: Ms. Evans moved to amend Bill 66, Draft 2, with the contents of Comm. 435.3. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Evans. Page 37 Hawaii County Council-23 October 4,2023 MS. EVANS: Thank you. I'm asking for support to move it from 10 kilowatts to 20 kilowatts. And if you'll bear with me, I did a lot of homework on this. I looked at what Honolulu's doing, what Maui is doing, and realize that Honolulu has over 58,000 residential solar photovoltaic system permits that they've processed. And their current code is saying if demand load of the proposed installation is less than 30 kilowatt amps, the approval of an engineer or architect shall be required only if the building officials so directs. So that was discretionary on their part. But when you go to Maui, what Maui is saying, again, putting up photovoltaic systems is the norm—has become so normal. This was passed in the year 2009. And it says, "Applications for electrical permits must include a letter and related forms from an architect or structural engineer licensed in the State of Hawaii verifying that the roof assembly is structurally adequate to support the photovoltaic system to be installed, including the module mounting system. Schematic diagram showing the photovoltaic system connections, equipment locations, and configuration ratings are also required to be submitted with the electrical permit application. Schematic diagrams for systems rated 30 kilowatts or more are required to be prepared, stamped, and signed by a State of Hawaii licensed electrical engineer." That's the important piece. Because I do think, looking at our Code, I think our Code is real good at—and I'd like to have Public Works come up----because I think our Code does require a lot of things when people submit for photovoltaic systems. The only thing that this amendment is addressing is the stamp signed prepared, stamped, and signed by an engineer. Maui does not require if it's rated 30 kilowatts or more. However, they do require everything else. So I wanted to ask if I can. May I have the leisure of asking Public Works Director to come up? CHR. KIMBALL: Yes, of course. MS. EVANS: I believe the discussion we had in Council last time was about ensuring the safety of the public. When we talked about it, I felt the conversation was so focused on this part of it that we didn't have the context of the rest of it, and that is you have to be, I assume, based on some of the stuff I read, you have to be a licensed electrical contractor to be able to do some design and installation work. That's not what this is about. This ismy amendment is about when do you need that stamped engineer. So are we confident that we have a lot of stuff already in place in Code? So can you tell us what we have in Code? (Note: At this time, Public Works Director Stephen Pause came forward to address the members of the Council.) Page 38 Hawaii County Council-23 October 4,2023 MR. PAUSE: Steve Pause, Director of Public Works. So there's a couple things there to kind of just try to unravel. I believe that this bill is specific around electrical engineering stamp. So, in other words, if a system is going to be installed and it's less than 10 kilowatts rated, it no longer will need an electrical engineer to stamp the drawings, the schematics, etcetera. And we had a lot of discussion within our department—Gary's here, Wayne Saiki from Kona side, our electrical inspectors, supervisors—about the complexity of those systems specifically from an electrical standpoint. As the gentleman from ProVision said, he's a licensed electrical contractor and he uses licensed electricians to do the work. So, from an electrical standpoint, I believe again we're only talking about whether presently we require an electrical engineer's stamp for everything we're going to—this bill would propose to change that if the system is ten or less, which is pretty much the standard residential system, which I think last time we talked about probably 85 percent of the applications we get fall within that category. With respect to other portions of that, the structural side of attaching panels to a roof versus the structural side of putting in stand-alone field panels either on a grade beam or on piers. That is covered as part of the building permit. I think what we've done from a building permit standpoint is we've said that the attachments that are used for roof mounts are pretty standard, and I think we've incorporated that into that whole review process for when somebody is submitting for a permit. But where we want to have extra measure is we would like drawings to be stamped if it's a ground mount because of the specificity about wind loads and seismic and all of those sorts of things. So I think the Code, as it stands now, pretty much covers the structuralness, that portion of it. And I think really what our focus is today is do I really need an electrical engineer's stamp for a system that's 10 kilowatts or less, which again I think we've covered is sort of like a routine residential type of application. MS. EVANS: Do you know the other counties for years have gone "the 30 kilowatt is the threshold." And thousands and thousands of these. So it's become the norm. So I'm not going all the way to 30 kilowatts. I'm suggesting we change it from 10 to 20. The other thing that's really happened is we're going to electrical vehicles. And the programs that have been put forth by the Federal government and the State government are still trying to get people to move towards photovoltaic, and we don't want barriers. These additional costs, is it really—what are we really balancing here? Because, again, when I did my research and I saw that the other counties and thousands of people, I don't understand why we can't move it from 10 to 20. I don't understand what the difference would be. Page 39 Hawaii County Council-23 October 4,2023 MR. PAUSE: So I'm going to ask Gary to come up and help me. Thank you. Our discussion at the last reading for this bill was the feeling that, from our inspectors, that the difference between a common 10-kilowatt residential system, once you start going above that—and I think at the time we were talking about what does a 30-kilowatt system look like. A lot more complex. A lot more what I've heard from the inspectors is a lot more work, a lot more things for them to do when they're doing inspections because of the complexity. I'll stop there for a second and ask Gary to maybe make some additional comments. (Note: At this time, Supervising Electrical Inspector Gary Kaho`ohanohano, Public Works Department, came forward to address the members of the Council.) MR. KAHO`OHANOHANO: Gary, Building, Public Works. As Steve said, as the system grows, it becomes more complex. As said before also, 85 percent of the intake applications, and most of them are under 10 kW (kilowatts). So I don't see why we should be moving up to 20 when most of them are at under 10 kW. So my strong feelings and the strong feelings of my fellow inspectors are they're very comfortable with 10 kW. It's a standard across the industry. They know what to look for, which really doesn't require EE (electrical engineer) stamped drawings. So, pretty uniform. That's all I've really got to add. MR. PAUSE: So,just to add to that, and I think Gary said it at our last reading on this, was that this seems like a good place to start. It's not to say that we don't come back in a year and say, "You know what, 20 is a better number" or"30 is a better number." But I think where we are today and based on what we're seeing in terms of applications, what impact it has on our workload, I think we as a department feel comfortable at 10 today. MS. EVANS: Okay. I guess my question when you said, "across industry standards,"your fellow county equivalents have gone with 30 or less. And you made the statement that it's kind of the standard. Well, the standard for the State now is it looks more like 30, not 10. So I'm a little confused. MR. PAUSE: I'll speak for Gary and then let him speak for himself. I think what he meant was the standard is most residential is 10 or less. I think that that was what he was referring to, sorry. MR. KAHO`OHANOHANO: That's correct. MS. EVANS: What I'm reading is that—and having said that, ProVision, would you mind coming up? (Note: At this time, Marco Mangelsdorf, representing ProVision Solar, came forward to address the members of the Council.) Page 40 Hawaii County Council-23 October 4,2023 MS. EVANS: I wanted to ask—with the changes with people doing electrical vehicles and more and more people, more and more tax credits, more and more moving towards photovoltaic, I'm under the impression that there are residential homes that will be above 10. And you're required—here's the other part to it: You're required to have an electrical contractor, and the design and installation is on you to make sure it's correct. And you have to be licensed with the State. So you kind of have to warrant it, right. So I'm kind of thinking protections are there, and I'm also thinking why would the other counties agree to this if they didn't feel the protections were there. So can you ? MR. MANGELSDORF: Well, Ms. Evans, you're speaking to the choir, to me, certainly because I want to see it easier rather than more difficult to see more PV (photovoltaic). And larger systemsI mean, the trend over the years has clearly been larger systems for reasons such as EV (electric vehicle) adoption. My preference would be, if I had my druthers, that I would support your amendment to the 20. And it's clear that, well, to me, that we want to make it easier to transform this island and the State to greater energy independence rather than more challenges. So, yes, as an electrical contractor, I'm regulated by the State and the DCCA (Department of Commerce and Consumer Affairs), and I need to stand behind my work, which I have and my company has for decades. So I believe there's an adequate level of protection and safety and design professionalism with systems, let's say, in this case, 20 kilowatts or less. MS. EVANS: Thank you very much. Thank you. Thank you, Chair, I yield. CHR. KIMBALL: Thank you, Council Member Evans. Any further discussion on the amendment? Council Member Lee Loy. MS. LEE LOY: On the amendment. I seconded for the conversation. I'm not going to be supporting it, but I think what happened is you absolutely demonstrated why I think there's still a big loophole in the current legislation where someone can get a 10 without the wet stamp, get another 10 without the wet stamp and slowly dial up to a 20 or a 30 system. I wanted to ask maybe Gary. Sorry to put you on the spot. Because, this is for residential and having worked with our Codes across the State, Hawaii County is a little different than Maui County and how they kind of talk about residential and nonresidential. And in our Code, it's specific to residential. How big would a house be at 20 kV(kilovolt)? MR. KAHO`OHANOHANO: It would depend on the calculated load that they're using; would determine the size of the photovoltaic system. Twenty for residential? It's not uncommon for the high-end. MS. LEE LOY: High-end homes? Like stuff at Kukio and Manini`owali? Page 41 Hawaii County Council-23 October 4,2023 MR. KAHO`OHANOHANO: Yeah. Hualalai. MS. LEE LOY: Thirty would be Hualalai. MR. KAHO`OHANOHANO: Exactly, yeah. It's the high-end homes, the custom homes. MS. LEE LOY: So, normally,just understanding some of their CC&Rs (Covenants, Conditions, and Restrictions), some of the building footprints are at 3,000 or even higher as far as square footage, right; where a local family would probably be at a thousand square foot home. MR. KAHO`OHANOHANO: 1,500. MS. LEE LOY: Yeah, 1,500. So, 1056 packages, we see them all the time. MR. KAHO`OHANOHANO: Right. It's common. MS. LEE LOY: Yeah. Thanks, Gary. I really want to help local residents. I think 10 is a nice place to land if that's what we're talking about; local housing for local families. Some of these numbers that we go up to with 20 kV and 30 kV, those are our million dollar homes if not higher. I understand the goal of getting more renewable energy for some of the other renewable goals, but I've heard loud and clear from the department 10 is a nice place to land. I'm not going to be supporting this amendment, but thank you for letting us have the conversation again. I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. On the amendment, Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I'm not going to lie; I like the amendment. I started at 30 and then, in speaking with the department, they were more comfortable at 10. I'm not going to support the amendment today because this bill makes sense for our community. I'd like to see it move forward. And we had support at 10 kW from both the department and with eight votes on the Council. Not that I'm against it, but what I did hear from the department at our last meeting, and I spoke with Steve briefly about this as well as Gary, they're comfortable with starting at 10, and we can see how this rolls. And if it rolls out well and the department feels comfortable and the inspection staff feels comfortable and the review staff feels comfortable within the Building Department and the actual department, then we can look at amending up to 20, maybe 30, maybe higher, depending on how they feel and we see this happening within our County in a year or so. So that is enough for me to say we can all agree this doesn't deter from public safety requirements in our Code. It does get Page 42 Hawaii County Council-23 October 4,2023 us where we need to be in supporting sustainability and renewable energy, and getting our homeowners a lesser cost for their system but doesn't take away from the department's want to kind of start slowly and walking the door a little bit. I love the amendment. I won't support it today because I believe we're in a good place with the 10 kW at this point. So thank you. I yield, Chair. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Anyone else on the amendment? Council Member Kagiwada. MS. KAGIWADA: Thank you. I wasn't here for the last discussion, but on the amendment I feel similarly. It sounds like the department is really comfortable with the 10 right now, so I'll be not supporting this amendment at this time. But I really hope that in a year we check back and see if we can maybe bump that number up. So thank you. CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else? Back to you, Council Member Evans. MS. EVANS: So this is procedural. If we vote it down, can we bring it back up? CHR. KIMBALL: Not in this term. MR. HENRICKS: Well, in the context of this bill, not in the session. If this bill passes or doesn't, you could introduce your own bill that would say 20. MS. EVANS: Okay, good. Thank you. MR. HENRICKS: But in the context of this proposed amendment, if it's voted down, you could not bring it back in the same form for this particular Bill 66. MS. EVANS: Okay, thank you. Thank you for that. CHR. KIMBALL: All right, any further discussion on the amendment? All right, Mr. Clerk, I'll request a roll call on this one,please. Vote on Motion to The motion to amend Bill 66, Draft 2, with the contents of Amend: Comm. 435.3 failed by the following roll call vote: Failed Ayes: Council Members Evans and Kaneali`i-Kleinfelder—2. Noes: Council Members Galimba, Inaba, Kagiwada, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —7. Absent: None. Excused: None. Page 43 Hawaii County Council-23 October 4,2023 MR. HENRICKS: The motion fails. CHR. KIMBALL: Thank you, Mr. Clerk. Back to the main motion. Any discussion? Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Again, looking forward to everyone's support on this. Good discussion at Committee level last time. I had a chance in Kauai to speak with the Ulupono Cooperative, and they actually went out of their way to actually approach me and say, "We support the bill," and they submitted testimony as well, which was nice to hear from them and that people on Oahu are watching, and what we're doing. So I really do appreciate the department's ability to work with me on this and to get us one step towards being more easily sustainable and moving towards more renewable energy for our community. Thank you all for your help. And then to the Council as well, thank you for your support on this measure to date. Thank you. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Council Member Lee Loy. MS. LEE LOY: Thank you. As the sole person saying "no" last time, I did have time to reflect and lean in on some of the industry standards. And I understand there's been a number of advancements within EV as far as cutoff switch and other things that help ensure the safety of a system. That being said, absolutely support the industry. I have to vote on a policy with words on paper, and currently, as written, I still think, and I've heard from the department, that we leave a very large loophole wide open for people to pull a 10 with no wet stamp and then later come back and pull a 10 with no wet stamp and then add that to the existing system. I'm going to trust that the department will be able to inspect those and understand, and maybe through this process when we see so many come through under the 10 k [sic] and then what that looks like for people upgrading and where we might land. We might land back at 20; I don't know. But for right now, I see a loophole in this piece of policy and will not be supporting it. But like I said the last time, look forward for everybody meeting our energy goals with this piece of legislation. I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Any other discussion on the bill before us? MS. LEE LOY: Chair, I have a question. I think Ms. Kierkiewicz brought it up about disclosure, if there was any disclosure. I didn't see anything. CHR. KIMBALL: I made the determination in conversation with Judge Strance that this particular situation does not warrant a written disclosure. Council Member Kaneali`i-Kleinfelder did make a verbal disclosure at the end of the Page 44 Hawaii County Council-23 October 4,2023 discussion last time. If there's anyone on the floor that has an objection to that decision, you're certainly welcome to take that to the Ethics Board as the appropriate avenue. MS. LEE LOY: Chair, if I could ask if Judge Strance could provide that in writing where that bright line of disclosure lands. A few of my colleagues have ended up in front of the Ethics Board with false allegations of failure to disclose. And at the Board of Ethics, we were told, "disclose and write." It's way better and safer rather than walk that fine line. CHR. KIMBALL: Understood. Looks like Judge Strance is there in Kona chambers. Judge Strance, do you have a response? (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Yes. Good morning. Elizabeth Strance, Corporation Counsel. I'm not going to get in the middle of ethics accusations amongst and between Council Members. The appropriate place to have those aired is at the Board of Ethics. If a Council Member comes to me with questions, I'll do my best to answer that Council Member's questions. But I am not going to be put in a place of having conflicts amongst Council Members on an issue that's eventually and ultimately decided by the Board of Ethics. CHR. KIMBALL: Thank you, Judge Strance. Do you have more questions for Judge Strance? I am happy to work with Judge Strance in sort of a general memo in terms of interpretation with respect to disclosure. And if there's further explanation needed beyond our rules, I would further suggest that if the rules are insufficiently clear and whatnot, we should probably continue to refine those. But I'll work with Judge Strance. I do understand your request being a more broad interpretation. So I can do that. Anyone else. All right, we'll move forward with the vote. Let's also take a roll call for this,please, Mr. Clerk. Vote on Bill 66: The motion to pass Bill 66, Draft 2, on first reading and Draft 2 adopt Policy Committee on Planning, Land Use, and (Approved) Development Report No. 4 was carried by the following roll call vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—8. Noes: Council Member Lee Loy — 1. Absent: None. Excused: None. MR. HENRICKS: The motion carries. Page 45 Hawaii County Council-23 October 4,2023 CHR. KIMBALL: Thank you, Mr. Clerk. Bill 66, Draft 2, is approved at first reading. On to Bill 67, please. Bill 67: 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 —Broadband Equity Access and Deployment Planning Funds-Federal account($100,000); and appropriates the same to the Broadband Equity Access and Deployment Planning Funds-Federal account ($100,000). Funds would be used to assist in the development and implementation of a plan to achieve equitable internet access for all Hawaii residents. Reference: Comm. 445 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-75 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 67 on first reading and adopt Finance Committee Report No. 75. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Thank you very much, Chair. I did run into Douglass Adams, Director of the Department of Research and Development, I believe at HSAC (Hawai`i State Association of Counties) again and theI'm reviewing the minutes. I do appreciate Ms. Shola showing up, sick and all, and presenting and doing a very well done job of presenting all the information to the Council on that day. So just wanted to give her a mahalo for being there and providing the information. Thank you. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Bill 67: The motion to pass Bill 67 on first reading and adopt (Approved) Finance Committee Report No. 75 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Lee Loy — 1. Excused: None. CHR. KIMBALL: Bill 67 is approved at first reading. Bill 68, please. Page 46 Hawaii County Council-23 October 4,2023 Bill 68: 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 —Affordable Connectivity Outreach Grant Program account($175,000); and appropriates the same to the Affordable Connectivity Outreach Grant Program account. Funds would be used to provide services and financial assistance for internet subscription fees for qualified households on Hawaii Island. Reference: Comm. 446 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-76 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 68 on first reading and adopt Finance Committee Report No. 76. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: There was no discussion at first reading at Committee level. Look forward to everyone's support. CHR. KIMBALL: Anyone else? Seeing none, all those in favor please say Ic aye. Vote on Bill 68: The motion to pass Bill 68 on first reading and adopt (Approved) Finance Committee Report No. 76 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Lee Loy — 1. Excused: None. CHR. KIMBALL: Bill 68 is approved at first reading. Page 47 Hawaii County Council-23 October 4,2023 Bill 69: 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 the Federal Grants —National Criminal History Improvement Program account($580,000); and appropriates the same to the National Criminal History Improvement Program account. These additional funds would be used by the Prosecuting Attorney's Office for a new case management system, increased internet bandwidth, licensing, and replacement of computers to improve the quality, timeliness, and accessibility of criminal history records. Reference: Comm. 447 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-77 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 69 on first reading and adopt Finance Committee Report No. 77. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Again, no discussion on this measure at Committee level. Look forward to everyone's support. CHR. KIMBALL: Any further discussion? Seeing none, all those in favor please say "aye." Vote on Bill 69: The motion to pass Bill 69 on first reading and adopt (Approved) Finance Committee Report No. 77 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Bill 69 is approved at first reading. Let's go down to Bill 49, please. Page 48 Hawaii County Council-23 October 4,2023 Bill 49: INITIATES AN AMENDMENT TO ARTICLE III, SECTION 3-4 OF THE (Draft 4) 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. 305.21 Intr. by: Ms. Evans Postponed: September 6, 2023 First Reading: September 20, 2023 2/3 Vote: Second of three required readings, Section 15-1(a), Hawai`i County Charter Motion to Approve: Ms. Evans moved to pass Bill 49, Draft 4, on second reading. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Evans. MS. EVANS: I want to again thank everyone for their patience as we debated this and came to this place, and ask for your favorable support. Thank you. CHR. KIMBALL: Any additional discussion? All right, seeing none, I'll just quickly make the comment I maintain my position that I'm happy to move this on to the third reading, but then when we get to the third reading, I'd like to suggest that we postpone it and hold it there until we see which other Charter amendments might be coming forth. So, at this time, I will be voting "aye"to move it forward, but then will be proposing that at that third reading. Any further discussion? All those in favor, please say "aye." Vote on Bill 49: The motion to pass Bill 49, Draft 4, on second reading was Draft 4 carried by the following voice vote: (Approved) 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 49, Draft 4, is approved at second reading. At this time, let's go back up to Resolution 240-23. Relinquish Chair: At this time, Chair Kimball relinquished the chair to Acting Chair Inaba. Page 49 Hawaii County Council-23 October 4,2023 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. (Note: Items in this category were taken up previously, out of order.) Res. 240-23: APPROVES THE HAWAII COUNTY COUNCIL LEGISLATIVE PROPOSALS AND PRIORITIES TO BE CONSIDERED FOR INCLUSION IN THE 2024 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE Includes proposals relating to the regulation of tobacco and regulating traffic on hazardous roads and in sensitive areas, and six policy priorities relating to: (1) dangerous dogs; (2)the lawful sale or distribution of wild-caught ungulate meat; (3)pathways for midwifery licensure; (4) extended producer responsibility to address solid waste; (5) increasing access to mental health providers for youth in rural counties; and (6) financing of residential cesspool conversions. Reference: Comm. 426 Intr. by: Ms. Kimball Approve: GOEAC-77 (Note: Comm. 426.2, from Council Member Ashley L. Kierkiewicz dated October 2, 2023, and Comm. 426.3, from Council Chair Heather L. Kimball dated October 4, 2023, transmitting proposed amendments to Res. 240-23, were circulated.) Motion to Approve: Ms. Kimball moved to adopt Res. 240-23 and Governmental Operations and External Affairs Committee Report No. 77. Seconded by Ms. Galimba. ACTING CHR. INABA: Council Member Kimball. MS. KIMBALL: Thank you. There's a couple of amendments here. I'll defer to Council Member Kierkiewicz to make her amendment first, which was discussed in the Committee hearing. But just to again give everybody the frame: This is the first step in creating the package for HSAC. It needs to be approved here at the Council level and then we will discuss this at our meeting at the end of October. So we do need to get this passed through today. I yield, Chair. ACTING CHR. INABA: Thank you. Go ahead. MS. KIERKIEWICZ: Thank you, Chair. Motion to Amend: Ms. Kierkiewicz moved to amend Res. 240-23 with the contents of Comm. 426.2. Seconded by Ms. Lee Loy. Page 50 Hawaii County Council-23 October 4,2023 ACTING CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. At our Committee meeting, I had elevated a couple of issues that our Hawaii Island residents specifically in Lava Zones 1 and 2 are experiencing in relation to insurance coverage and rates. And in light of the recent events that have occurred on Maui, I think it's really important for us to consider what insurance could look like going forward in the event of any disastera fire, a hurricane, or flooding. And so have added to the list of priorities: support by HSAC on legislation related to insurance coverage for those two items, and then also recognizing just the proliferation of invasive species and how they are impacting our ecosystems, agriculture, and public health. Do want HSAC to be monitoring and supporting legislation that provides tools, funding, resources to counties and nonprofits to effectively mitigate and manage invasives. So, again, there's no specific legislation that's tied to these priority areas. These are just themes that we are authorizing HSAC to weigh in on should there be bills that are presented next session. So, looking for everyone's support on these additions to what I think are going to be a really great package. And I just appreciate the ability for HSAC to be advocating for County concerns because I really think there is strength in a unified voice from all the counties. Thank you, Chair, I yield. ACTING CHR. INABA: Thank you. Any further discussion on the amendment? If not, all those in favor of amending Resolution 240-23 with the contents of Communication 426.2,please say "aye." Vote on Motion to The motion to amend Res. 240-23 with the contents of Amend: Comm. 426.2 was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—9. Noes: None. Absent: None. Excused: None. MS. KIMBALL: Motion to suspend our rules. ACTING CHR. INABA: A motion to suspend our MR. HENRICKS: Do you anticipate further amendments? MS. KIMBALL: Yes. Page 51 Hawaii County Council-23 October 4,2023 MR. HENRICKS: Okay, the rules just call for a holdover for final action. So perhaps you can proceed with further amendments before making that motion. Motion to Amend: Ms. Kimball moved to amend Res. 240-23 with the contents of Comm. 426.3. Seconded by Ms. Lee Loy. MS. KIMBALL: Thank you. I'd like to just first start off by thanking Dot in my office as well as the fabulous staff in LRB (Legislative Research Branch) that were able to turn this around in a matter of an hour this morning. The reason for bringing this forward at the last minute is I mentioned before that items have to be approved at the Council level to be sent up to HSAC for consideration in the package. Maui really wanted to have this bill put forward, but they had already approved their resolution. Since this is relevant to us as well, I said, "You know what, we'll add it to our package; elevate it to the HSAC Executive Committee through that mechanism." So I hope I have everyone's support. This is adding some foreclosure provisions in the event of disaster. I think we can all say, under the current circumstances in Maui and past circumstances here and the potential for future circumstances, this is something we can get behind. So I ask for my colleagues' support on this amendment. ACTING CHR. INABA: Thank you. Any discussion? Council Member Lee Loy. MS. LEE LOY: Thank you, Mr. Inaba. In support. While we were on Kauai for HSAC, I had the opportunity to sit in on the Executive Committee. And both our Maui Council Members really urged us to figure out a way. So absolutely in support of that ever-evolving situation that they have on Maui and how they're going to have to navigate so many things. Look forward to supporting our families on Maui also. I yield. ACTING CHR. INABA: All right. Council Member Evans. MS. EVANS: Thank you. I'm so glad you're doing this. Lessons to be learned and more, but if this piece of legislation could get introduced and get into Committees, it will morph over time. So what's great is that it's in there. Thank you. ACTING CHR. INABA: Thank you. There's a motion on the floor to amend Resolution 240-23 with the contents of Communication 426.3. All those in favor? Page 52 Hawaii County Council-23 October 4,2023 Vote on Motion to The motion to amend Res. 240-23 with the contents of Amend: Comm. 426.3 was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—9. Noes: None. Absent: None. Excused: None. Vote on Motion to Ms. Lee Loy moved to suspend Council Rule 23 to waive Suspend Council the holdover for the substantive amendment of Rules: Res. 240-23. Seconded by Ms. Galimba and carried by the (Approved) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—9. Noes: None. Absent: None. Excused: None. ACTING CHR. INABA: We're back to Resolution 240-23, as amended. Any further discussion? MR. HENRICKS: Vice Chair, I just want to note, for the record, that you did note some erroneous diacritical marks in the original draft. So those would be corrected as part of creating this Draft 2 prior to its certification. ACTING CHR. INABA: Thank you, Mr. Clerk. All right, all those in favor of approving Resolution 240-23, as amended, please say "aye." Vote on Res. 240-23: The motion to adopt Res. 240-23, as amended to Draft 2, Draft 2 and Governmental Operations and External Affairs (Adopted) Committee Report No. 77 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—9. Noes: None. Absent: None. Excused: None. ACTING CHR. INABA: Resolution 240-23 is adopted. Page 53 Hawaii County Council-23 October 4,2023 Relinquish Chair: At this time, Acting Chair Inaba relinquished the chair to Chair Kimball. CHR. KIMBALL: We'll go to "Referrals for Executive Session,"please. We still have the reports on the table. We have not received anything yet from the Mayor's office, so we will go to our—yes they are aware. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order.) ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): (Note: Items in this category were taken up previously, out of order.) REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (Note: Items in this category were taken up previously, out of order.) REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: Comm. 396.1: JONATHAN D. ROWE, ET AL. V. COUNTY OF HAWAII; 3CCV-22-0000393 From Deputy Corporation Counsel Justin C. Lee, dated September 6, 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. 396.1. File: Seconded by Ms. Galimba. MS. LEE LOY: For my colleagues, I'll just look for guidance. If you guys want to go in or not, I'll get us there. I yield. CHR. KIMBALL: All right. Opening it up to the body, the feeling on the need for Executive Session. I, for one, would personally like to go into Executive Session on this one. MS. LEE LOY: Sure. Page 54 Hawaii County Council-23 October 4,2023 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 396.1, as authorized by Section 92-5(a)(4) (Approved) of the Hawaii Revised Statutes. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Mr. Clerk, you have nine "ayes"to enter into Executive Session. So we will do so at this time. Thank you. Recess: At 11:09 a.m., the Chair called for a recess in order to clear the room. Reconvene: The meeting reconvened at 11:49 a.m. CHR. KIMBALL: All right. We are back out of Executive Session. I will pass it over to Council Member Lee Loy. Vote on Motion to Ms. Lee Loy moved to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 396.1. Seconded (Approved) by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Vote on The motion to close file on Comm. 396.1 was carried by Comm. 396.1: the following voice vote: Filed 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 55 Hawaii County Council-23 October 4,2023 Comm. 492: HAWAII ISLAND EARLY LEARNING DEVELOPMENT LLC V. COUNTY OF HAWAII, ET AL.; CIVIL NO. 3CCV-22-0000158 From Deputy Corporation Counsel E. Britt Bailey, dated September 15, 2023, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including a lawsuit filed by the Law Offices of Yeh and Kim on behalf of its client Hawaii Island Early Learning Development LLC. Motion to Close Ms. Lee Loy moved to close file on Comm. 492. Seconded File: by Ms. Galimba. Motion to Concur: Ms. Lee Loy moved to concur with the recommendation of Corporation Counsel regarding Comm. 492. Seconded by Ms. Galimba. CHR. KIMBALL: Any discussion? MR. HENRICKS: I don't think the recommendation is a part of the communication. MS. LEE LOY: I'm sorry. CHR. KIMBALL: There is a recommendation contained in the communication. MR. HENRICKS: I think it's contained in the confidentials, which is not part of the communication. CHR. KIMBALL: Thank you for the clarification. MS. LEE LOY: Maybe I could cite the case number. CHR. KIMBALL: Okay. MS. LEE LOY: Okay. Chair, if I could make that motion again. Motion to accept the recommendation related to Case 3CCV-22-0000158. Vote on Motion to Ms. Lee Loy moved to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 492. Seconded by (Approved) 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. Page 56 Hawaii County Council-23 October 4,2023 CHR. KIMBALL: Thank you, Corporation Counsel, for your patience in waiting for us. All right, back to the main motion on closing file. All those in favor, please say "aye." Vote on Comm. 492: The motion to close file on Comm. 492 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. CHR. KIMBALL: Vice Chair Inaba, you had some things on the table. Vote on Motion to Mr. Inaba moved to remove Governmental Operations and Remove from Table: External Affairs Committee Report No. 75 from the table. (Approved) 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: Back to Communication 441. MR. INABA: Thank you. We have pinkies delivered to us. Communication 441.1 corrects the term ending date from December 31st, 2028, to December 31", 2027, for Mr. Garcia's nomination to the Environmental Management Commission. I don't know if anybody from the Mayor's office is here, but in reviewing the documents, I do believe this is the correct date. CHR. KIMBALL: Thank you, Vice Chair Inaba. Any other discussion on Communication 441? Seeing none, all those in favor please say "aye." Page 57 Hawaii County Council-23 October 4,2023 Vote on GOEAC-75: The motion to adopt Governmental Operations and (Adopted) External Affairs Committee Report No. 75 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: Mr. Clerk, the nomination of Gonzalo Garcia is confirmed with nine votes in favor. Vote on Motion to Mr. Inaba moved to remove Governmental Operations and Remove from Table: External Affairs Committee Report No. 76 from the table. (Approved) 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 back to discussing Communication 442. MR. INABA: Yes, and we also have Communication 442.1, which corrects the term ending date from May 31st, 2028, to the correct date of May 31st, 2026. And I believe this is the correct date as well. Thank you. CHR. KIMBALL: Thank you, Vice Chair Inaba. Any further discussion? Council Member Evans. MS. EVANS: Thank you. I appreciate that we're doing this and doing it on the same day so we get it corrected, and don't find later on that we have our dates wrong. So I think it's good that we get this done today. Appreciate it. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? Back to Vice Chair Inaba. MR. INABA: Thank you. Yeah,just asking for Corporation Counsel's guidance to the Office of the Mayor to correct the other appointment to the Banyan Drive Page 58 Hawaii County Council-23 October 4,2023 Hawaii Redevelopment Agency that we passed a few months ago for Mr. McCully. Are you able to provide that clear guidance right now so we all know what the next steps will be for that? Is Corporation Counsel in Kona? (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Good morning. Elizabeth Strance, Corporation Counsel. Could you repeat your question, Council Member? MR. INABA: Yes. For Mr. McCully's appointment to the Banyan Drive Hawaii Redevelopment Agency, there was an incorrect date that we took action on. So I'm wondering how that will be corrected. MS. STRANCE: It will be corrected via an amended communication to the Council, although it is after the fact. The action that was being requested really is that confirmation, and this is more of a scrivener's error type of situation that just needs to get cleared up for your records. MR. INABA: Okay, great. Thank you. If you could just please work with them so that we get that correction. And I would recommend that moving forward, as we make updates to our fact sheets, that we do leave the expiration dates on the fact sheets even if there's a vacancy so we don't come to see this problem again. Thank you. CHR. KIMBALL: Thank you, Council Member. Council Member Lee Loy. MS. LEE LOY: I actually had a question for Judge Strance. With the Banyan Drive Redevelopment Agency, that was stood up a little differently. And although it is a commission or a board here on Hawaii Island, because it is grounded in an HRS (Hawai`i Revised Statutes), I'm still not clear how to follow the expiration dates, whereas our boards and commissions here have terms expiring every four or five years; whereas at the State level, they basically stay seated until there is a replacement. I think, in all of it, I never really got a clear indication how this particular board works and what the term limits are, if they start at the appointment time or if they're just slotted into the five-year increments regardless of what year they're stepping into that incremental term. Did I ask that correctly? MS. STRANCE: I understand your question. So the statute establishing the agency provides for a single five-year term, and that the commission members will remain in office until a successor is appointed. So you raise an interesting question about let's say it's three years into a term or three years after a term is expired that a new commission member is selected. And, candidly, I don't know the answer to that question. My initial response would be that the HRS and Section 13.4 of the Charter are not necessarily inconsistent with each other, Page 59 Hawaii County Council-23 October 4,2023 except for the term of appointment and the holdover provisions. And so we would follow whatever procedure we have established in the County. But that, too, is not expressly stated in the Charter. And so I think it's something that is worth taking a look at, especially if holdovers are for extended periods of time. But regardless, I think both you and Council Member Inaba have raised good questions for us to really look at in terms of making sure that terms are clear and what the expectations are around reappointment. That is something that we'll take up in our office and advise the Mayor's office and you as well, given the fact that it's been raised here. MS. LEE LOY: Thank you, Judge Strance. And just really understanding the nuances of a board or commission that's formed by our Charter, or an agency like Banyan Drive Hawaii Redevelopment Agency whose genesis started with an HRS provision. And again just looking for some guidance. So I do appreciate you taking that up and providing an answer for us. MS. STRANCE: It's a unique body in terms of its separateness as well. And so I think we need to provide you folks with some guidance, and make sure that our understanding is correct as well. MS. LEE LOY: Thank you, Judge Strance. I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I appreciate Mr. Inaba's in-depth look at the information required and being presented to the Council. This morning was interesting, to say the least, but I do appreciate being correct in the information that we provide both to the public and put on record and is brought before us to review. So thank you very much for reviewing the information and getting us the correct information, and requiring the changes be made, Mr. Inaba. Thank you. I yield. CHR. KIMBALL: Thank you. Vice Chair Inaba. MR. INABA: Thank you. Just going back to Council Member Lee Loy's point in HRS 53-2, Subsection (a). The last sentence says that each vacancy shall be filled by the appointing power for the remainder of the unexpired term, which is essentially in line with what our Charter does. They don't get to start a new five- year term at their appointment. They fulfill the remainder of the term. So I just wanted to put that out there on the record. Thank you. Page 60 Hawaii County Council-23 October 4,2023 MS. LEE LOY: Thank you. And absolutely, right. I think again though this one was generated by a resolution from the Council. So there's more nuances, also, even with the dormancy of that agency at that time. So I think Judge Strance will find us a clear understanding on where to land. Thank you. CHR. KIMBALL: Thank you. All right. We're going to move on on this and just go back to the main communication and the nomination. All those in favor of closing file on Communication 442 and affirming the nomination of Anna Liu to the Banyan Drive Hawaii Redevelopment Agency, please say "aye." Vote on GOEAC-76: The motion to adopt Governmental Operations and (Adopted) External Affairs Committee Report No. 76 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: That nomination of Anna Liu is confirmed. 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. CHR. KIMBALL: We have a quick announcement from Council Member Evans. MS. EVANS: I wanted to announce this publicly. The U.S. (United States) Government Small Business Administration, when they had the Lahaina fires, they came to Hawaii and set up some disaster relief for small businesses, and they included Hawaii Island. And so they have stood up offices at the Kona Civic Center and I believe here for small businesses to get some relief, because they probably were impacted financially even on our own island. And so I encourage you to at least go and explore it if you're a small business and see if you can get some disaster relief. So I wanted to make sure it was a public record and out there. So thank you very much. CHR. KIMBALL: Thank you for bringing that to everyone's attention, Council Member Evans. Page 61 Hawaii County Council-23 October 4,2023 ADJOURN- There being no further business, at 12:05 p.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 at 12:05. Thank you. Council Approval: NOV 0 1 2023 COK JH/dg Page 62