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HomeMy WebLinkAboutMIN COUNCIL 2023-11-01 2022-2024 Hawaii County Council 251h Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii November 1, 2023 INVOCATION: Rimban Kazunori Takahashi of Honpa Hongwanji Hilo Betsuin gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:03 a.m., in the Council Chambers, Hilo, by Ms. Heather L. Kimball, Chair. ROLL CALL: Present: Ms. Heather L. Kimball, Chair 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 Absent& Excused: Mr. Holeka Goro Inaba, Vice Chair Ms. Cindy Evans, Member Ms. Rebecca Villegas, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, County Clerk Jon Henricks led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions, MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (There were none.) EXPRESSIONS OF CONDOLENCE: STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Hawaii County Council-25 November 1,2023 Marcia Masters: Res. 334-23 (Comm. 566), in support. (representing N5'51ehu Resilience Hub) Peter Tui Silva: Res. 322-23 (Comm. 549), in support. (representing Kumukahi Health and Wellness) K. T. Cannon-Eger: Res. 323-23 (Comm. 550), in support. (representing Friends of (See Comm. 550.1) Lili`uokalani Gardens) 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 October 4, of Minutes: 2023. Seconded by Ms. Galimba and carried by the (Approved) following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 303-23: AUTHORIZES THE DIRECTOR OF FINANCE TO NEGOTIATE A SIXTY-EIGHT YEAR LEASE WITH KAMAKOA NUI LIMITED PARTNERSHIP FOR THE PURPOSE OF THE DEVELOPMENT AND CONSTRUCTION OF AN AFFORDABLE WORKFORCE RENTAL HOUSING PROJECT, SITUATED AT WAIKOLOA, DISTRICT OF SOUTH KOHALA, COUNTY AND STATE OF HAWAII, AND IDENTIFIED AS TAX MAP KEY: 6-8-042:022 The property located within the County's Kamakoa Nui Subdivision is approximately 10.324 acres, and would be used to develop and construct up to 140-units of affordable workforce rental housing. Reference: Comm. 517 Intr. by: Mr. Inaba(B/R) Approve: LAAC-36 Page 2 Hawaii County Council-25 November 1,2023 (Note: Comm. 517.3, from Housing Administrator Susan Kunz dated October 25, 2023, transmitting documents relating to Res. 303-23, was circulated.) Motion to Approve: Ms. Lee Loy moved to adopt Res. 303-23 and Legislative Approvals and Acquisitions Committee Report No. 36. Seconded by Ms. Galimba. CHR. KIMBALL: Discussion? Council Member Kierkiewicz. MS. KIERKIEWICZ: Chair, I'll just note: Thank you, Susan, for finally moving this project forward. I mean, this is property that was granted to the County back in the 1990s, and so here we are, in 2023, finally seeing a lot of progress and traction. So thank you very much to you and your team for your leadership and moving this along. Thank you, Chair, I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. I'll be supporting this measure. I like the statistics that are laid out for this project specifically. So thank you. I appreciate it. CHR. KIMBALL: Thank you, Council Member. Anyone else? Council Member Lee Loy. MS. LEE LOY: In support. And I do want to thank the Housing agency for providing all of the background documents. I think here, at the Clerk's office, we just want to have a complete record when we have to do legislative research. I really appreciate all the background material related to this resolution. I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 303-23: The motion to adopt Res. 303-23 and Legislative (Adopted) Approvals and Acquisitions Committee Report No. 36 was carried by the following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Page 3 Hawaii County Council-25 November 1,2023 Res. 304-23: AUTHORIZES THE DEPARTMENT OF RESEARCH AND DEVELOPMENT TO AWARD FUNDS TO HAWAII LOCAL2030 HUB Provides grant funds in the amount of$75,000 for community engagement and communication plans to support the County's sustainability and climate action programs, and the Aloha+ Challenge. Reference: Comm. 521 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-93 and Comm. 521.1: From Finance Director Deanna Sako, dated October 20, 2023, transmitting proposed amendments to Res. 304-23. Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 304-23 and Finance Committee Report No. 93. Seconded by Ms. Lee Loy. CHR. KIMBALL: Any discussion? Council Member Kierkiewicz. MS. KIERKIEWICZ: Chair, is anyone from R&D (Research and Development) here? I think we had a lot of questions in Committee and there was no follow-up over email. CHR. KIMBALL: No, it does not look like we have anybody on Zoom from R&D or present in the chambers. Do you want to table? We can try to get somebody. MS. KIERKIEWICZ: No, I'll follow up offline. But I think,just moving forward, if we're going to be granting funds to organizations, there needs to be a bit more detail, including time frame for when these monies are going to be spent down. I just don't think that what we've been provided is sufficient. We had robust conversations, but again, we're looking to do more public-private partnerships. And if there is granting of taxpayer dollars, I think we just want to make sure that our decisions are being based on the best available information. I support this, but again,just going forward, departments, make sure you have really thorough B-52s completed and to be present at Committee and Council. Thank you. CHR. KIMBALL: Actually, we have the Deputy of R&D. Hi, Frecia. We're actually right on the grant for the local hub 2030. So if you would be able to chime in on that and give us a little bit more information. I don't know if you had specific questions, Council Member Kierkiewicz, or would just like a more detailed overview. Page 4 Hawaii County Council-25 November 1,2023 MS. KIERKIEWICZ: Thank you, Chair. Deputy, so good to see you. Thank you. I think some of the questions we had at Council were related to how long is this contract for, because it sounded like we were going to be contracting this organization and funding a person to be completing this work. And then we were also curious about the interplay that this organization is going to have with OSCER (Office of Sustainability, Climate, Equity, and Resilience). We just funded a County entity to be doing this sort of work. So just trying to understand the interplaying collaboration. (Note: At this time, Research and Development Deputy Director Frecia Cevallos came forward to address the members of the Council.) MS. CEVALLOS: I'm Frecia Cevallos, Deputy Director of R&D. We have been in a private-public partnership with Hawaii Green Growth and all of their constituents for the past ten years. This project is continuing our partnership on and to engage community more than we have, especially with climate mitigation and adaptation. This particular project will be focused on community, and we're also going to be including youth because that was one of the questions that came up at the Committee meeting. This person will be able to reach the schools, partner with the University of Hawaii at Hilo students. There's a climate ambassador program that we're looking to engage as well. So the contract is for 12 months, and 75 percent of the person's time will be towards County projects with emphasis on community engagement and youth engagement, and 25 percent will continue to work with Hawaii Green Growth and how they continue to partner with the County of Hawaii. So that's a total of $75,000. And they're going to leverage their funding as well as in-kind funds to help us expand the community engagement and youth participation. Did that answer the question? MS. KIERKIEWICZ: Yeah, thank you. And then the interplay with OSCER going forward? MS. CEVALLOS: So because OSCER hasn't been stood up yet and they haven't hired their staff, we will figure that out as we start to hire the OSCER employees. MS. KIERKIEWICZ: Okay. And then what is the deliverable that we can expect at the end of the year? MS. CEVALLOS: We're hoping to get a network of community groups as well as youth entities, groups, schools, and the universities. That's one deliverable who's going to be actively engaged in implementing the climate actions that's in the ICAP (Integrated Climate Action Plan). MS. KIERKIEWICZ: There was also talk of a dashboard? Page 5 Hawaii County Council-25 November 1,2023 MS. CEVALLOS: The Aloha+ dashboard. So I know that Jake, our Sustainability Specialist, has been working with HGG (Hawai`i Green Growth) already to set up that dashboard, and so that's another deliverable. I'm not sure of the details of where we're at now, but we're hoping to get something that we can share with you folks. I believe he and the team will be giving you a presentation on that. MS. KIERKIEWICZ: Okay. Thank you. And then what account is this money being drawn from? MS. CEVALLOS: I believe it's R&D's account. MS. KIERKIEWICZ: Do you know which account within R&D? MS. CEVALLOS: I need to find out. MS. KIERKIEWICZ: Okay. Would you let me know? MS. CEVALLOS: Yeah. MS. KIERKIEWICZ: Thank you. MS. CEVALLOS: Sure. Yeah. MS. KIERKIEWICZ: I appreciate it. I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz and Deputy Director. Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. If there's no more comments, we actually have a housekeeping measure. Motion to Amend: Ms. Lee Loy moved to amend Res. 304-23 with the contents of Comm. 521.1. Seconded by Ms. Galimba. CHR. KIMBALL: Any discussion on the amendment? MS. LEE LOY: Chair,just I think a typographical error. It should read "2030" in the title. CHR. KIMBALL: Thank you. Any further discussion on the amendment? All those in favor of amending Resolution 304-23, please say "aye." Page 6 Hawaii County Council-25 November 1,2023 Vote on Motion to The motion to amend Res. 304-23 with the contents of Amend: Comm. 521.1 was carried by the following voice vote: (Approved) Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. CHR. KIMBALL: Back to the main motion. Any discussion on Resolution 304-23? Actually, we need a waiver. No need for a waiver of rules? Okay. Any discussion? Yes, Council Member Galimba. MS. GALIMBA: Just a quick question to the Aloha+ dashboard. Is that going to beI mean, there already is one and has been for a long time. Is that going to be like specific to Hawaii Island? MS. CEVALLOS: That's what the team is working on. This new position, this new person, will help us with that as well. But also sharing with the community so that we can also gather their input, and they can understand how they can use it for their work. MS. GALIMBA: Thank you. CHR. KIMBALL: Thank you, Council Member Galimba. Anyone else? I'll just make a note that I think I'll work to arrange to have HGG come in and give us a presentation about the local hub 2030 program, as well as our State was the only state to submit a voluntary local review on the progress on the sustainable development goals. So I think that'd be useful for us to get an overview of how we're doing. It's not as good as we would hope, but at least we acknowledge that. The first step in solving a problem is understanding that there is one. Okay, with that we'll take the vote. All those in favor, please say "aye." Vote on Res. 304-23: The motion to adopt Res. 304-23, as amended to Draft 2, Draft 2 and Finance Committee Report No. 93 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Page 7 Hawaii County Council-25 November 1,2023 Res. 305-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES OF AMERICA ENVIRONMENTAL PROTECTION AGENCY PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Allows for the receipt of$1,522,130 in federally-derived funds to design and implement a city-scale reusable foodware and refillable bottle system in Hilo. Reference: Comm. 522 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-94 Motion to Approve: Ms. Kagiwada moved to adopt Res. 305-23 and Finance Committee Report No. 94. Seconded by Mr. Kaneali`i- Kleinfelder. CHR. KIMBALL: Discussion? Council Member Kagiwada. MS. KAGIWADA: Thank you. I just wanted to mention I was able to attend several of the community meetings that this project has started off with, and really excited about it. So we had a good discussion about it earlier in Committee. Thank you. CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 305-23: The motion to adopt Res. 305-23 and Finance Committee (Adopted) Report No. 94 was carried by the following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Page 8 Hawaii County Council-25 November 1,2023 Res. 306-23: AUTHORIZES THE MAYOR TO ENTER INTO A MULTI-YEAR AGREEMENT WITH THE FEDERAL HIGHWAY ADMINISTRATION AND/OR THE STATE OF HAWAII DEPARTMENT OF TRANSPORTATION Allows for the receipt of$249,320 in federally-derived funds to assist the Department of Public Works in developing Safe Routes to School initiatives to promote walking and biking as safe and viable sources of transportation near schools. Reference: Comm. 523 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-95 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 306-23 and Finance Committee Report No. 95. Seconded by Ms. Lee Loy. CHR. KIMBALL: Any discussion? Council Member Kagiwada. MS. KAGIWADA: Just real quick. Want to send out thanks again to DPW (Department of Public Works) for really taking the initiative in going after this money, especially Keone Thompson who wrote the grant. So, looking forward to seeing how this unfolds. CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 306-23: The motion to adopt Res. 306-23 and Finance Committee (Adopted) Report No. 95 was carried by the following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Res. 310-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE JUDICIARY, STATE OF HAWAII Establishes the terms and conditions of use and responsibilities between the Department of Finance-Vehicle Registration and Licensing Division and Judiciary to allow the County access to internal eCourt Kokua. Reference: Comm. 533 Intr. by: Ms. Evans (B/R) Approve: GOEAC-79 Page 9 Hawaii County Council-25 November 1,2023 Vote on Res. 310-23: Ms. Lee Loy moved to adopt Res. 310-23 and (Adopted) Governmental Operations and External Affairs Committee Report No. 79. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball –6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas –3. Excused: None. CHR. KIMBALL: With that, we're going to jump over the CRF (Contingency Relief Fund)resolutions at this time and pop down to bills for first reading. 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: Bill 83: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-280, SCHEDULE 28, AND SECTION 24-281, SCHEDULE 29 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION), RELATING TO NO PARKING AT ANYTIME UPON CERTAIN STREETS OR PORTION OF STREETS AND PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS Amends and adds provisions to prohibit parking at all times and adds provisions to prohibit parking between the hours of 8:00 p.m. and 5:00 a.m. for certain portions of Alii Drive that front Kahalu`u Beach Park. Reference: Comm. 498 Intr. by: Ms. Lee Loy (B/R) Approve: PCIA-2 (Note: Comm. 498.1, from Public Works Director Stephen Pause dated October 27, 2023, transmitting a map and sign layout regarding Bill 83, was circulated.) Motion to Approve: Ms. Lee Loy moved to pass Bill 83 on first reading and adopt Policy Committee on Infrastructure and Assets Report No. 2. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Lee Loy. MS. LEE LOY: This one, I think—hang on. Let me double-check. Yeah, this was the one in Kona. I look for my colleagues' support. I know our Kona Council Members are not here so entirely up to the body. Page 10 Hawaii County Council-25 November 1,2023 CHR. KIMBALL: Yeah, Council Member Lee Loy. Thank you. I believe there is a map in the pinkie folder for folks. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Rebecca is actually visiting some of our sister cities in Japan and asked us to postpone this measure for further discussion. And as she's the Council Member for the area, I would like to do that for her unless there's any further discussion. CHR. KIMBALL: Okay. So a motion for a postponement to the next meeting, which is November 15''. MR. KANEALI`I-KLEINFELDER: Unless there's any further discussion. Okay. Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to postpone Bill 83 to Postpone: November 15, 2023. Seconded by Ms. Kagiwada and (Approved) carried by the following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. CHR. KIMBALL: At this time, can we jump ahead to Bill 85,please? Bill 85: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, (Draft 2) CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—3 ACRES (A-3a) TO FAMILY AGRICULTURAL— 1 ACRE (FA-la) AT HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-048:092 (Applicant: Sandra Kaneshiro) (Area: 3.16 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to subdivide the property into two lots, each approximately 1.4 acres in size to accommodate existing single-family dwellings. The property is located at 605 Makalika Street, approximately 540 feet southeast(mauka) of its intersection with Railroad Avenue. Reference: Comm. 518.2 Intr. by: Mr. Inaba(B/R) Approve: LAAC-37 Page 11 Hawaii County Council-25 November 1,2023 Vote on Bill 85: Ms. Lee Loy moved to pass Bill 85, Draft 2, on first Draft 2 reading and adopt Legislative Approvals and Acquisitions (Approved) Committee Report No. 37. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Kagiwada, Kierkiewicz, Lee Loy, and Chair Kimball —5. Noes: Council Member Kaneali`i-Kleinfelder— 1. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. CHR. KIMBALL: Bill 86, please. Bill 86: AMENDS SECTION 25-8-15 (HAMAKUA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM FAMILY AGRICULTURAL—3 ACRES (FA-3a) TO AGRICULTURAL—5 ACRES (A-5a) AT WAIMEA, HAMAKUA DISTRICT, HAWAII, COVERED BY TAX MAP KEY: 4-7-007:048 (Applicant: Shawn and Stephanie Ching) (Area: 34.559 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to subdivide the property into six lots, each approximately five acres in size. The property is located at 47-5211 Old Mamalahoa Highway, approximately half a mile southeast of its intersection with Mamalahoa Road. Reference: Comm. 519 Intr. by: Mr. Inaba(B/R) Approve: LAAC-38 Vote on Bill 86: Ms. Lee Loy moved to pass Bill 86 on first reading and (Approved) adopt Legislative Approvals and Acquisitions Committee Report No. 38. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. CHR. KIMBALL: Next item, please. Page 12 Hawaii County Council-25 November 1,2023 STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON BILL 87 The following individuals registered to speak and came forward when called by (COMM. 520): the Chair: Laurie Tavares: In opposition. Claudia Rohr: In opposition. (See Comm. 520.1) Bill 87: AMENDS SECTION 25-8-33 (CITY OF HILO DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM RESORT HOTEL—750 SQUARE FEET (V-.75) TO LIMITED INDUSTRIAL—20,000 SQUARE FEET (ML-20) AT HILO, HAWAII, COVERED BY TAX MAP KEY: 2-1-006:002 (Applicant: Aloha Kia) (Area: 1.795 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to develop a new car dealership and service station for Aloha Kia. The property is located at 92 Kalaniana`ole Street, approximately 760-feet northwest of its intersection with Kanoelehua Avenue. Reference: Comm. 520 Intr. by: Mr. Inaba(B/R) Approve: LAAC-39 Motion to Approve: Ms. Lee Loy moved to pass Bill 87 on first reading and adopt Legislative Approvals and Acquisitions Committee Report No. 39. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Lee Loy. MS. LEE LOY: Mr. Darrow? (Note: At this time, Planning Deputy Director Jeffrey Darrow came forward to address the members of the Council.) MS. LEE LOY: Big fan of Millie's restaurant. She get the best pasta salad over there. Notification to surrounding property owners: Do we have a record of all the property owners that were notified with this change of zone application? MR. DARROW: Hi, there. Jeff Darrow with the Hawaii County Planning Department. This is a unique situation. I've seen it happen once before. This is not surrounding properties. This is internal. And it's the applicant that's Page 13 Hawaii County Council-25 November 1,2023 initiating this, the owner of the property. So it's really their responsibility to notify. And again, from what we've heard in testimony, they were notified of this particular action. The one example that I do remember of this happening was in Kona regarding a large rezoning and SMA (Special Management Area)permit. It was quite a shock to all of us because all these people showed up and the applicant said, "I spent thousands of dollars notifying people. There is no way I missed anybody." And it was people that were within the project. And so, at that particular time,just out of precaution, they continued the hearing and had the applicant notify internal, to give them an opportunity to be able to testify and provide information. So, again, that's the example I remember, but it is not a requirement that we notify internally. It's externally. It's from the property boundaries out. MS. LEE LOY: Thanks for the clarification. And then, Mr. Darrow, Claudia Rohr made mention of a LUPAG (Land Use Pattern Allocation Guide) map and that analysis. MR. DARROW: The current zoning is Resort-Hotel, which is inconsistent with the General Plan for this particular area. The General Plan calls for industrial uses. The applicant has the choice to choose commercial industrial, Limited Industrial, or General Industrial. The properties next door are Limited Industrial and General Industrial. So it is consistent. Looking at the uses in the MCX (Industrial-Commercial Mixed) comparably to the uses in the ML (Limited Industrial) district, what this applicant is proposing is more consistent in the ML district. MS. LEE LOY: Great. Thanks. Thanks for being here, Jeff. MR. DARROW: Thank you. MS. LEE LOY: I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. The question is for the applicant and their representative. And thank you, Deputy Darrow, for just kind of sharing with us baseline expectations within the law. And this is a unique situation where there are tenants, like Aunty Millie's snack shop and a medical supply place and New Saigon, that are impacted. And so I'm just trying to resolve, in my mind, what sort of notification was provided to the tenants on the property. And I get it; property owner, you have rights. But I also think, here in Hawaii, there's just basic common courtesy to make sure that we go beyond sending one letter. You knock on the door. You talk story. You pick up the phone. You have the conversation. Page 14 Hawaii County Council-25 November 1,2023 So just trying to understand what sort of outreach was made to the tenants and the representations, because what I'm hearing from Millie is "We're going to do this rezone. You have nothing to worry about." And that doesn't seem to be the case here. So just trying to understand the level and type of communication that occurred. (Note: At this time, John Pipan, consultant, and Russell Wong, applicant's representative, came forward to address the members of the Council.) MR. PIPAN: Thank you for the question. Thank you for the opportunity to speak to this question. This was one of our first questions and concerns when this project came to us: Do the current tenants know? Have they been made aware? Do they have plans to relocate? We posed this question to the landowner and gained an affirmative "Yes, they have been made aware." So we relied on the representations of the landowner. It's not our job to break news between the landowner and a tenant that may be sensitive, you understand. So we relied on the assertions of the landowner in this case no. Russ Wong here is representing Aloha Kia. They would be the buyer of the property in this situation. And again, these are kind of sensitive questions. We don't want to displace anyone, but as often happens in situations like this, things change over time. We do still believe that they will be given ample time to make alternate arrangements. But if you do feel it's better to defer this application to give them time to review it thoroughly, to make an informed decision or comment, we feel that's fine too. MS. KIERKIEWICZ: I just am trying to understand. MR. WONG: I did have several discussions MS. KIERKIEWICZ: Could you introduce yourself for the record? Thank you so much. MR. WONG: Oh, I'm sorry. My name is Russell Wong. I'm the regional vice president for Aloha Kia. We are trying to acquire this property. It is subject to this zoning change that allows us to build a dealership on the property. Mr. Tam, throughout the discussions, was very concerned about his tenants. He said, "What is your intention?" I said, "Well, as long as it takes us to go through the process, we will renew with the tenants until such time as we've got all of our final building permits and we have to start moving dirt." We asked for how long that would take, and we had because we also have to find an extension where we're at in order to allow for that time. And so we told them, assuming we get zoning approval this year, then we submit for permits and that takes nine months to a year, and then we start construction. So he wanted to Page 15 Hawaii County Council-25 November 1,2023 be sure that, "Hey, till you're ready to do something with the building,"that we were going to permit his tenants to stay there and give them plenty time beyond the end of their leases. And then I think I, at the Planning Committee, made it clear to the Planning Committee when they asked the question, we definitely will honor any remaining leases, and because it takes time to get permits in any county, until such time as we're ready. I think there's going to be plenty of time for them to find locations to relocate to. But it would be incorrect to imply to them that nothing would change, and I'm sorry that they had that impression. MS. KIERKIEWICZ: I don't feel comfortable continuing this sort of conversation that needs to be had between Kia property owner and tenants in a public forum. It's, like, distasteful to me. These are things that we have to do before we come to Council. It's very clear that Millie and her `ohana and other tenants were given a different story. But I don't know. This is also the game of telephone, right? One message is provided; at the end, completely different message. My suggestion is we postpone today; pick this up in two weeks. And within the two weeks, everybody kind of come together for the potential new property owner to talk about plan, intention, and time line so that they're crystal clear on how much time they actually have left on the property. I think that's all what we want, right? Clear, concise communication so that we can plan, and we're not living in this state of limbo. Is that okay with you, Mr. Pipan, if we could have you broker those conversations among the parties? MR. PIPAN: Of course. I'd be happy to. MS. KIERKIEWICZ: Okay. And, Chair, at the right moment, I'm happy to make a motion to postpone this measure. Thank you for being here today. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Let me just interject real quickly. Would two weeks be enough time, or should we postpone it a month out if we proceed with this? We'll be back in Hilo then, too, which I think makes sense. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I may have misunderstood what was going on at the last meeting. So, Mr. Pipan, you're saying not your company's job to make the connections betweenI may have misunderstood this too—current owner or ? MR. PIPAN: No. MR. KANEALI`I-KLEINFELDER: Owner-to-be if this goes through. Page 16 Hawaii County Council-25 November 1,2023 MR. PIPAN: So a tenant and their landlord, that's kind of a special relationship. MR. KANEALI`I-KLEINFELDER: Right. So Mr. Wong, correct? MR. PIPAN: Owner-to-be. MR. KANEALI`I-KLEINFELDER: Owner-to-be? Who's the current owner of the property? MR. PIPAN: Chris Tam. MR. KANEALI`I-KLEINFELDER: Chris Tam. MR. PIPAN: (Inaudible.) MR. KANEALI`I-KLEINFELDER: And Chris Tam is currently leasing the property to Millie folks and other folks as well. MR. PIPAN: Yes. MR. KANEALI`I-KLEINFELDER: And Mr. Wong is coming in for a rezone without being the owner of the property. MR. PIPAN: Correct. It happens. And the landowner has to sign off on all the forms, all of the applications. They're committing to these conditions of the rezone. The applicant is the proposed new owner. MR. KANEALI`I-KLEINFELDER: That is interesting. And so you and your position don't have to do the outreach between existing lessees of the property. Your job is to help Mr. Wong walk through the process, correct? MR. PIPAN: More or less, yes. We had that concern and we raised that concern early in the process. MR. KANEALI`I-KLEINFELDER: And concern was heard? MR. PIPAN: Did they know? Were they aware? MR. KANEALI`I-KLEINFELDER: Yes. Sorry, they MR. PIPAN: I was satisfied with the response that they were made aware and MR. KANEALI`I-KLEINFELDER: Were they made aware? MR. PIPAN: As I understand it? Page 17 Hawaii County Council-25 November 1,2023 MR. KANEALI`I-KLEINFELDER: Got you. Mr. Wong, were they made aware? MR. WONG: I did not speak with the tenants. What I did was MR. KANEALI`I-KLEINFELDER: That's okay because you're not even the owner yet. MR. WONG: Yes. MR. KANEALI`I-KLEINFELDER: Is Mr. Tam available? MR. PIPAN: Not today. MR. KANEALI`I-KLEINFELDER: Not today. Mr. Clerk, how many folks does it take to support this measure today? MR. HENRICKS: You mean the motion that's on the floor at this time to pass on first reading? MR. KANEALI`I-KLEINFELDER: Correct. MR. HENRICKS: Five affirmative votes. MR. KANEALI`I-KLEINFELDER: Okay. I yield, Chair. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Anyone else? Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Motion to Postpone: Ms. Kierkiewicz moved to postpone Bill 87 to December 6, 2023. Seconded by Ms. Lee Loy. CHR. KIMBALL: Any discussion on the postponement? Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Mr. Pipan, I just want to make very clear that the instructions by Council are understood, that the property owner, Mr. Tam; Mr. Wong; and the tenants are all going to wala`au, talk story, make sure everybody's on the same page with the request that the Council is deliberating on. MR. PIPAN: Understood. Page 18 Hawaii County Council-25 November 1,2023 MS. KIERKIEWICZ: Okay,perfect. We'll see you back in chambers on the 6h. Thank you, Chair. MR. PIPAN: Mahalo. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else on the postponement? Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Mr. Darrow, for the postponement and then this matter, is this normal procedure to have the owner not presenting information to the Council, and having a prospective buyer? MR. DARROW: Yes. MR. KANEALI`I-KLEINFELDER: That's normal procedure? MR. DARROW: Yeah. There is quite a number of applications that come in that are applicant-and-landowner, as far as a joint agreement, and the applicant runs the process through. They normally hire a representative. But as Mr. Pipan had mentioned, the landowner has to sign off on all of the applications, giving his consent and authorization to allow this to occur. MR. KANEALI`I-KLEINFELDER: Okay. And then, so I'm ready the next time, was there a requirement? Although internally, is there a requirement that folks on the property and the parcels congruent with the current—sorry—and the current TMK (Tax Map Key) we're discussing have to be notified. Correct? MR. DARROW: The notification requirements are external, from the property boundaries out. MR. KANEALI`I-KLEINFELDER: Not internal to the lessees. MR. DARROW: Correct. And that's why this is a very unique situation. And as mentioned, I've only seen it occur once before. MR. KANEALI`I-KLEINFELDER: Were the surrounding property owners notified? MR. DARROW: Yes. MR. KANEALI`I-KLEINFELDER: Guaranteed? MR. DARROW: Yes. MR. KANEALI`I-KLEINFELDER: Okay. That makes me feel a little bit better. Okay, thank you, Mr. Darrow. Page 19 Hawaii County Council-25 November 1,2023 MR. DARROW: Thank you. MR. KANEALI`I-KLEINFELDER: I yield, Chair. CHR. KIMBALL: Thank you, Council Member. Council Member Lee Loy. MS. LEE LOY: Let's have the applicant, the property owner, and our business owners kind of put their heads together and talk about time lines and what that looks like, and come back in a month. My question to you, Mr. Darrow, is that notification to surrounding property owners. If the Council entertained a change to the Zoning Code, would that be in the Code or within the rules and procedures of the Planning Commission? MR. DARROW: There's a section in the Zoning Code that's for notification, but it is reflected in all the rules as well. MS. LEE LOY: Thank you. Thank you, Chair, I yield. CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: Thank you. I noticed in the draft General Plan that this property as well as the adjoining property and the point of that triangle there are suggested to be light industrial, I believe. Is that correct? MR. DARROW: I believe so. And this would be consistent(inaudible). MS. KAGIWADA: Okay. So, regardless of what goes on here, that was kind of already the thinking of Planning Department? MR. DARROW: Yeah. MS. KAGIWADA: Okay. All right, thank you. CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else on the postponement? Seeing none, all of those in favor of postponing Bill 87 to the December 6 Council meeting,please say "aye." Page 20 Hawaii County Council-25 November 1,2023 Vote on Motion to The motion to postpone Bill 87 to December 6, 2023, was Postpone: carried by the following voice vote: (Approved) Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. CHR. KIMBALL: Bill 88, please. Bill 88: 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 —Environmental Protection Agency Solid Waste Infrastructure for Recycling Grants for Communities account ($1,522,130); and appropriates the same to the Environmental Protection Agency Solid Waste Infrastructure for Recycling Grants for Communities account. Funds would be used to design and implement a city-scale reusable foodware and refillable bottle system in Hilo. Reference: Comm. 522 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-96 Vote on Bill 88: Mr. Kaneali`i-Kleinfelder moved to pass Bill 88 on first (Approved) reading and adopt Finance Committee Report No. 96. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. CHR. KIMBALL: Bill 89, please. Page 21 Hawaii County Council-25 November 1,2023 Bill 89: 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 —Safe Routes to School account ($249,320); and appropriates the same to the Safe Routes to School account to assist the Department of Public Works in developing Safe Routes to School initiatives to promote walking and biking as safe and viable sources of transportation near schools. Reference: Comm. 523 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-97 Vote on Bill 89: Mr. Kaneali`i-Kleinfelder moved to pass Bill 89 on first (Approved) reading and adopt Finance Committee Report No. 97. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. CHR. KIMBALL: Next item, please. Bill 90: 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 State Grants —Career Criminal Program account ($94,240); and appropriates the same to the Career Criminal Program account, for a total appropriation of$546,168, to support the prosecution of career criminals. Reference: Comm. 524 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-98 Page 22 Hawaii County Council-25 November 1,2023 Vote on Bill 90: Mr. Kaneali`i-Kleinfelder moved to pass Bill 90 on first (Approved) reading and adopt Finance Committee Report No. 98. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Bill 91: 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 State Grants —Victim/Witness Assistance account ($344,199); and appropriates the same to the Aid to Victims account, for a total appropriation of$443,371 to support the Prosecuting Attorney Office's Victim- Witness Assistance Program. Reference: Comm. 525 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-99 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 91 on first reading and adopt Finance Committee Report No. 99. Seconded by Ms. Lee Loy. CHR. KIMBALL: Any discussion? MS. KIERKIEWICZ: Chair, I just want to note for the record for this grant, for the Victim Assistance Unit and the Career Criminal Prosecution that we just discussed, this funding is going to be used to support staff salaries. I hope that there is also discussion and consideration around retention incentives, and even exploring how we might be able to contract law students who are interested in this work,just so that we have more folks working within the County and we're able to buildup our workforce. So just putting it out therefor anyone in the County Admin (Administration) that might be listening. I think those are some really creative ways for us to be utilizing this fund. Oh, Director Sako just walked in. Providing some really creative advice here. No, Director, I was just mentioning that for the funding that Prosecutor's is getting for Victim Assistance Unit and Career Criminal Prosecution, I know that it says, "staff salaries,"but I'm also thinking maybe we can explore retention incentives and then even contracting out, like law students, so we just have more Page 23 Hawaii County Council-25 November 1,2023 butts in seats, essentially; folks that are interested in doing this work, working within the County, getting that experience that they need to apply for County jobs. Thank you. (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: Great idea and I do believe the Prosecutor's office has been discussing some of those ideas. I think the only thing they have to do is probably just I forget if these are State. I think both of these are State grants just discussing with the State to make sure it's allowed under their grant funding. MS. KIERKIEWICZ: Excellent. Thank you for(inaudible). MS. SAKO: Thank you. CHR. KIMBALL: Thank you very much, Council Member Kierkiewicz. Anyone else on this one? Seeing none, all those in favor please say "aye." Vote on Bill 91: The motion to pass Bill 91 on first reading and adopt (Approved) Finance Committee Report No. 99 was carried by the following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. CHR. KIMBALL: Bill 92, please. Page 24 Hawaii County Council-25 November 1,2023 Bill 92: AMENDS ORDINANCE NO. 23-51, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2023 TO JUNE 30, 2024 Adds the Public Works Islandwide Asphalt Concrete Paving Project($3,000,000) to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or other Sources, and would be used to resurface County maintained roads islandwide. Reference: Comm. 526 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-100 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Vote on Bill 92: Mr. Kaneali`i-Kleinfelder moved to pass Bill 92 on first (Approved) reading and adopt Finance Committee Report No. 100. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Bill 93: AMENDS ORDINANCE NO. 23-51, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2023 TO JUNE 30, 2024 Adds the Public Works Waiakea-Palai Streams Flood Risk Management—County project($7,596,700) and the Waiakea-Palai Streams Flood Risk Management— Federal project($8,743,300)to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or other Sources ($7,596,700) and Federal Grants Receivable ($8,743,300), to construct two flood control detention basins. Reference: Comm. 527 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-101 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Page 25 Hawaii County Council-25 November 1,2023 Vote on Bill 93: Mr. Kaneali`i-Kleinfelder moved to pass Bill 93 on first (Approved) reading and adopt Finance Committee Report No. 101. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. CHR. KIMBALL: Bill 94, please. Bill 94: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAII FOR THE PURPOSE OF FUNDING ALL OR A PORTION OF THE COSTS OF VARIOUS IMPROVEMENT PROJECTS; FIXING THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDING FOR THEIR SALE TO THE PUBLIC; AND AUTHORIZES THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE BONDS Authorizes the issuance of up to $187 million in General Obligation Bonds to fund certain Capital Improvement Projects including: Construction of Hilo Wastewater Treatment Plant and other facilities; Parks and Recreation Projects; Office of Housing and Community Development Projects; Public Works Repairs and Maintenance; and Public Works Engineering Drainage, Bridges, and Miscellaneous Road Projects. Reference: Comm. 537 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-102 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 94 on first reading and adopt Finance Committee Report No. 102. Seconded by Ms. Lee Loy. CHR. KIMBALL: Any discussion on this item? Council Member Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: This is in alignment with Ms. Kierkiewicz' statement from last time. I worry about the amount of debt we are looking at. Actually, Ms. Kierkiewicz, if I'm misstating that, I'm sorry but I thought I remembered that from the last meeting. Yeah. Mindful of debt. And I think Ms. Sako said this brings us up to about 14 percent, leaving us about$100 million in availability of bonds. So just tracking that. Page 26 Hawaii County Council-25 November 1,2023 (Note: At this time, Finance Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: Those are all correct. And I think the concern is our Wastewater Treatment Plant. Of course, every year we also continue to pay down our debt about$40 million to $50 million a year in principal. So it would allow for future borrowing. The size of our budget is also one of the factors when you talk about a percentage of budget. So all of those are factors, but we continue to look at the amount of debt we've actually issued, which is more at that 7.6 or 7.7 percent of our budget. And so we will not issue the bonds until such time as the dollars are being spent. So, even a project like Hilo Wastewater Treatment Plant, that construction is going to be over a four- or five-year period at least, and so we would borrow the funding accordingly. So to keep our debt service percentage as low as possible. But you're right. I mean, in terms of authorizations, we are getting close, yes. MR. KANEALI`I-KLEINFELDER: Thank you for that, Ms. Sako. Chair, I yield. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Council Member Kagiwada. MS. KAGIWADA: Thank you. Well, I just thank you for including, obviously, the Hilo Wastewater Treatment Plant. We've been putting it off for a while. It's really good we're actually doing it(inaudible). We just want to thank the Administration for including the Hilo Skate Park. A much smaller project but the community's been working on it for so long. And just ready to get it done and have it in use. So thank you so much. I just want to thank you. That's all. CHR. KIMBALL: Thank you, Council Member Kagiwada. I'm not sure who was first over here. Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. Echoing the sentiments of my colleagues. Really, the projects here are well-deserving and have gone for a while without repairs, especially in that Public Works and Maintenance. I think that's some of where the maintenance cost is one cost, but the actual repairs is a lot larger. And so it's often challenging for Building Division to kind of keep up with repairs and maintenance. MS. SAKO: Right. So if we can kind of get to the point where we can stay on top of it and prevent these large expenditures in the future, that would be the ideal situation. Yeah, that's our goal. MS. LEE LOY: Deanna,just a question around that because it's repair and maintenance. But a roof project can be $5 million, which I think is more in Page 27 Hawaii County Council-25 November 1,2023 alignment with a CIP (Capital Improvement Project)project than repair and maintenance. How can we start to weed out those really big cost ticket items from the normal repair and maintenance? MS. SAKO: So that roof repair was actually in the previous bond authorization, okay, the one I'm thinking of, which is like the Aupuni Center roof replacement. And so that one was in the last bond authorization. So we do try to detail them out whenever possible. We're getting to the point now where most of it is R&M (repair and maintenance), but there's a couple little projects. Like until the bid actually comes in for the roof, we don't know if that's the exact amount or not. MS. LEE LOY: I think if we manage that a little bit better, then Building Division, they can actually tackle all the true repair and maintenance, and then we'd leave the big ticket items for a CIP and MS. SAKO: And we have been trying to, in the operating budget, give them more in R&M also for the really little things. But sometimes fixing those really little things does prevent a much larger problem. MS. LEE LOY: Right on. Thanks, Deanna. I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Thank you, Director. I will be supporting this. It gives us access to capital when we need it to move on these priorities, and I think we've seen what happens when we neglect to do maintenance over time, and it just gets more expensive down the road. My question remains to be the tracking of progress on these projects we are financing. Sue brought up the CII' list. A lot of that is wish list. Some of that turns into bond ordinance where we're going to commit to funding that. And we've passed a number of bond measures, either initiated by Council or the Admin in the past. And so just trying to understand, outside of the monthly bonds report that you issue to the Council, how can we ensure that these projects are on track? I know that you guys are talking about, internally at Finance, a new financial system. That's the biggest smile I've ever seen you make. MS. SAKO: Yes, looks very exciting. MS. KIERKIEWICZ: But I just wonder could that system help us to track project status for (inaudible). MS. SAKO: I haven't seen all the details and everything it can do, but I would like to think that it will be able to provide more information. So we do have an Page 28 Hawaii County Council-25 November 1,2023 internal report that we do track all of the capital projects on, but by the time our staff really has time to put it together, it's time to do the next quarter already. We're just so short-staffed, and it's very manual labor intensive. So the departments each do kind of track their own projects. But because we do meet monthly, we are trying to talk about those and obviously the largest ones, like a Hilo wastewater treatment plant. Those are very close on our radar because that's a significant amount of money. And if we need to either issue bonds or actually get additional borrowing capacity, then we definitely want to know about that sooner rather than later. And then I think it also, the larger projects, such as the emergency call center and things like that, we're talking about on a more regular basis. And then just seeing the documents, which I know doesn't help you guys, but that do come across our desk, whether it's change orders or contract amendments or new contracts, we can kind of see what's being bid out and if it's kind of in a timely manner. So we are pretty good about talking to the departments. Some of the older bond authorizations also include ADA (Americans with Disabilities Act of 1990) for Parks and Recreation, which was based on that Federal order of consent. And so we are following up on those. But we also know they can't do every project on Day 1, right. So we kind of know that they do have enough to carry them through and get all the projects on the list done. So we talk about more disbursements as well. MS. KIERKIEWICZ: And I know you're in a transition from Finance to potentially Managing Director, and is it the role of the Finance Department to be tracking status of projects for bonds, or is that more of an MD (Managing Director)role? MS. SAKO: It could be either and I would just remind the Council that the capital budget does actually fall under Planning as well. MS. KIERKIEWICZ: Yes. I'm talking about projects specific to what's listed in the bond ordinances that we're passing. MS. SAKO: Yes. So the bond ordinance, Treasury tracks every single dollar, whether it's allotted or extended. So between Treasury and Accounts, every dollar is monitored because we have those IRS (Internal Revenue Service) regulations in addition to our internal accounting records as well. MS. KIERKIEWICZ: Okay. I'll speak to you offline about project-tracking. I sit on a NACo (National Association of Counties) Al (artificial intelligence) exploratory committee, and we're talking about ways in which this tool can be leveraged to support counties like ours that may be kind of stretched thin personnel-wise; not replacing jobs but helping folks Page 29 Hawaii County Council-25 November 1,2023 MS. SAKO: No, but just helping, yes. MS. KIERKIEWICZ: To get through some of those tedious tasks, the real those tedious pieces that you were mentioning. MS. SAKO: Yeah, that sounds good. MS. KIERKIEWICZ: So, I'll circle back with you, that way we get the information out into the public arena, and folks can see, "Wow, progress is really being made. Awesome!" MS. SAKO: Really, yes. MS. KIERKIEWICZ: Yeah. Thank you. MS. SAKO: Sometimes we don't pat ourselves on the back enough too. MS. KIERKIEWICZ: Enough, yes. Chair, I yield. Thank you. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. MS. SAKO: Can I add one more thing? CHR. KIMBALL: Sure. MS. SAKO: I believe a question came up at Committee reading about some of the housing projects. And Council Member Kierkiewicz was correct, I mean that these were our housing projects that we're starting. There were three of them that are actually in planning and design, and I think they were Haihai, Ainako, and Ainaola affordable housing projects. So I just wanted to follow upon that after the Committee reading. CHR. KIMBALL: Thank you. And since we're on that, if I can just interject real quick. I notice that Kamakoa Nui mini loop is in here, and that was part of the housing production. MS. SAKO: Yes. CHR. KIMBALL: Is that going to be on a different portion of that project, or are we not going to use the bond for that? MS. SAKO: It actually is going to take both portions to be able to do it. Road and infrastructure projects are extremely expensive, unfortunately. So it is going to take both sums of money to be able to complete that project. Page 30 Hawaii County Council-25 November 1,2023 CHR. KIMBALL: Okay, so with the presentation that we had yesterday, the amount that was allocated towards that was just the amount from the housing production fund and not including the amount from the bond ordinance. MS. SAKO: Correct. Yes. So that was 5.65.4, thank you—it was mid-5's, and then the portion of this one is roughly 8 million of that portion. So it is a significant amount to do that work there. CHR. KIMBALL: I did look at that number yesterday and go, "Gosh, that's pretty low." MS. SAKO: It was. Yeah. CHR. KIMBALL: I was like, "They must have figured out something to build this road out." MS. SAKO: Yeah. We did follow up with Housing to make sure we understood that correctly and they did confirm that. CHR. KIMBALL: Thank you. And then bond issuance costs are about a million here. What are we looking at with interest rates these days? MS. SAKO: So, our last bond authorization was just over 3 percent, which was pretty good. When I first came to Finance (inaudible) control, I guess—excuse me. Sorry about that. But—I'm fine now; thank you—it was about 7-8 percent we were paying. And then it came down to 4 and 5. And then the lowest we've ever paid is right about 2, 2.2 percent. And then this last one, as interest rates were rising, we were just over 3 percent; I want to say about 3.2, 3.3 percent. And that cost of issuance varies. Sometimes we do sell premium bonds, and we're able to pay for the cost from that extra premium that bond buyers are willing to pay. But in addition to that, it just varies, based on the size of the actual issuance that determines the amount that we have to pay the bond rating agencies and all the different players that we have there. But, normally, the million is enough. CHR. KIMBALL: Thank you for that. I appreciate that overview. Any further discussion or questions for the Director? Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Just follow-up. Thank you, Chair. Ms. Sako, so the bond is covering infrastructure for Kamakoa Nui road. Sorry, the infrastructure being the road and housing. MS. SAKO: That mini loop road, yes. MR. KANEALI`I-KLEINFELDER: And then Kamakoa Nui is a County Page 31 Hawaii County Council-25 November 1,2023 MS. SAKO: Project. MR. KANEALI`I-KLEINFELDER: Operated? It's a County project? MS. SAKO: Primarily, yes. It started as a County project. MR. KANEALI`I-KLEINFELDER: Not a private? (Inaudible.) MS. SAKO: No, it's not private. However, we have been out certain things like rental units or other projects that we are having other people do for us. MR. KANEALI`I-KLEINFELDER: In Kamakoa Nui? MS. SAKO: In Kamakoa Nui. MR. KANEALI`I-KLEINFELDER: So it's a County project being bid out. MS. SAKO: This project has a long and interesting history. It started out as a CFD (community facilities district)with determining a developer. That didn't work out. I don't want Corporation Counsel to scold me for sharing too much, so another day may be better. But it does have a very complex history. So then the County took it over, and we started building units, about four to eight at a time, which we then sold to individual families. And I think that program is still in place where we're building and selling to families. And those are all limited by the affordable housing or workforce housing amount. So, when there are resales in the area, it's based on trying to keep the prices lower. But then also I believe they did a multi-unit family type of project where they did bid it out to a developer or some agency that's actually building part of that, and I believe we're leasing land to them. But it's our project in total, so we the entire project is ours. MR. KANEALI`I-KLEINFELDER: I'm thinking that we have our funds, taxes, being applied to different projects. I want to make sure those are County projects and we're not inviting MS. SAKO: They are. MR. KANEALI`I-KLEINFELDER: I was thinking about it last night— MS. ightMS. SAKO: Oh, sorry, yes. We're not MR. KANEALI`I-KLEINFELDER: Are we subsidizing projects and then providing perks to the developers to make sure that affordable housing is being built. Then the more I thought about it, I was like,wait, I've got to ask some more questions about some of these (inaudible). Page 32 Hawaii County Council-25 November 1,2023 MS. SAKO: So this project is our project. We are building our road to open up more land to continue to build housing units. That's my understanding. MR. KANEALI`I-KLEINFELDER: Okay, thank you. MS. SAKO: And with bond money, we have to be very cautious of private activity. So, actually, we can't do like a developer perk or something like that with our bond funding. MR. KANEALI`I-KLEINFELDER: Yeah, and maybe "developer perks" aren't the right words, but we provide MS. SAKO: No, but I know what you mean. But some kind of assistance to them where they would be having gain, and yes, we cannot do that. MR. KANEALI`I-KLEINFELDER: So that we get more affordable housing. But I realize if we're subsidizing with taxpayer money to ensure that we can make affordable housing and then providing developers MS. SAKO: Like building the road for them or something like that. MR. KANEALI`I-KLEINFELDER: Yeah. MS. SAKO: Yeah, that part's not happening. MR. KANEALI`I-KLEINFELDER: Okay, good. Thank you. Okay, I yield, Chair. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Anyone else on this? Seeing none, all those in favor please say "aye." Vote on Bill 94: The motion to pass Bill 94 on first reading and adopt (Approved) Finance Committee Report No. 102 was carried by the following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. CHR. KIMBALL: Mr. Clerk, if we could, we're going to go to Resolution 323-23, please. Page 33 Hawaii County Council-25 November 1,2023 Res. 323-23: 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 LILI`UOKALANI GARDENS FOR ITS CHRISTMAS IN THE PARK EVENT Transfers $7,500 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 550 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 323-23. Seconded by Ms. Kagiwada. MR. KANEALI`I-KLEINFELDER: First off, whoever's in the back who did my numbering, I appreciate you because 3, 2, 3, 2, 3 is just, I mean, that's one of those numbers I like, yeah. I love it. I just love numbers like that. Second, K. T., thank you for your patience this morning and for your testimony. I know how much you do for Lili`uokalani Gardens and what you do for our community. So I really appreciate you coming in this morning; you're a very busy person as well. And look forward to what we do this year for Christmas in the Gardens. So far, every single one has been amazing, and just blown away by what you do for the Gardens but also what you can manage to do in your spare time, which is practically nothing. But when you're sleeping, you're putting together all of these events and making sure everyone's there and organizing. So mahalo to you and to your committee and for what you do in our community. You're amazing. MS. CANNON-EGER (from audience): (Inaudible.) MR. KANEALI`I-KLEINFELDER: I believe we will all be there this year. I cannot speak for all my friends, but I think we'll be there. And then also, to the other Council Members, if it's okay and you'd like to support, copycat the reso (resolution) and provide this lady some funding, and we can make this bigger and better as we go because, was it 15,000 people is what we took in last year, driving and walking? Yeah,just amazing. This is on track to become one of the best events for Christmas on the east side I think. Thank you. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Anyone else on this item? Council Member Lee Loy. MS. LEE LOY: I just want to thank Mr. Kaneali`i-Kleinfelder for taking money and putting it in my district. Really appreciate that. But it really has; it's really evolving. And K. T. and her crew just doing amazing things in the park. And have watched the park really become alive again. I think the genki ball program Page 34 Hawaii County Council-25 November 1,2023 that we put in the park, inviting our gardeners and teaching them, right, the gardening, and just the displays along the way. So thank you so much, K. T., for everything that you do in that park. I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Anyone else? We'll go back to Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: And then just a, since I'm on the record right now, if Parks and Rec. (Recreation) is watching, thank you for helping this happen as well. And then my gentle reminder—it's going to be yearly, if not quarterly—we need better electrical services in the park. That would be wonderful, so we can stop bringing generators down to run all the lights. Thank you. CHR. KIMBALL: Thank you, Council Member. All right. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 323-23: The motion to adopt Res. 323-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball –6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas –3. Excused: None. CHR. KIMBALL: With that, we'll go back to Resolution 118 [sic]. MS. CANNON-EGER (from audience): Thank you. CHR. KIMBALL: Yes, thank you, K. T., for your patience. I appreciate it. Return to Order The Chair directed the Council to return to the order of business. of Business: Page 35 Hawaii County Council-25 November 1,2023 Res. 318-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE A CERTIFIED AGRICULTURAL SCALE FOR THE WAIMEA POLICE STATION Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Police Department, Police Administration Division-Equipment account. Reference: Comm. 545 Intr. by: Ms. Evans Vote on Res. 318-23: Ms. Lee Loy moved to adopt Res. 318-23. Seconded by (Adopted) Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Res. 319-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE WREATHS FOR THE WEST HAWAII VETERANS CEMETERY-PU'U HO`OMAHA O NA POB KOA O HAWAII KOMOHANA FOR THE NATIONAL WREATHS ACROSS AMERICA DAY Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 546 Intr. by: Ms. Villegas Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 319-23. Seconded by Ms. Galimba. CHR. KIMBALL: Any discussion? MR. KANEALI`I-KLEINFELDER: Chair? CHR. KIMBALL: Go ahead, Council Member. MR. KANEALI`I-KLEINFELDER: I'd just like to commend Mr. Henricks for his amazing `61elo Hawaii over there. Thank you. Page 36 Hawaii County Council-25 November 1,2023 CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 319-23: The motion to adopt Res. 319-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Res. 320-23: 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 KONA TASK FORCE ON FEEDING THE HUNGRY TO ASSIST WITH EXPENSES RELATED TO ITS MEET AND EAT PROGRAM Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 547 Intr. by: Mr. Inaba Vote on Res. 320-23: Ms. Lee Loy moved to adopt Res. 320-23. Seconded by (Adopted) Mr. Kaneali`i-Kleinfelder and carried by the following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Page 37 Hawaii County Council-25 November 1,2023 Res. 321-23: 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 EXPENSES RELATING TO THE WAIAKEA PENINSULA DESIGN LABS Transfers $9,195 from the Clerk-Council Services –Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 548 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 321-23. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. I rarely do this where I really speak a lot about a contingency resolution, but I really wanted to share this program that we're doing with Vibrant Hawaii. First, I really want to thank Ms. Kagiwada, actually, who jump-started the program. With the emergency proclamation and the resolution that this body passed, I volunteered myself to have two listening sessions. And I realized real quickly that that wasn't going to be a very productive use of time. There's so much concern about that facility: what's happening, what's going to happen after. And so I pivoted a little bit and asked Dawn Chang, chair of the Board of Land and Natural Resources and Department of Land and Natural Resources, that as the State stood up their construction fence, if this would be an opportunity where the community could design a mural, and she gave us the green light to do so. And so this design lab, which we're going to have three of them, we already had one, we leaned on our lineal descendants, like Terri Napeahi and Aunty Lilinoe Keliipio-Young, to talk about what that area was like, and they say, "pre- plantation" is how they say it. Even pre-Kamehameha. And so they shared wonderful stories about Mokuola, along with the kuleana that was at Mokuola. Aunty Terri Napeahi and her family were caretakers of Makaoku, which was a heiau in that area. And so, as we went through our first design lab, a lot of that information was shared. We got great community feedback. It's hard to talk about a vision for that area without having the overspill of what's wrong with that area. But through that design lab that we first had, we had an artist sit in with us to capture the sentiments of what was being shared. And I have—Jess, if you don't mind coming up—within that two-and-a-half-hour session, this was the artwork that was presented, basically starting with the story of Makaoku, the pathway Page 38 Hawaii County Council-25 November 1,2023 representing this vision. So, basically starting with the story of`aina, a pathway to redevelopment, revitalization of the area, the community collaboration that would have to happen, along with a lot of empty spaces. And the empty spaces were really intentional because that's what the future is. It's going to emerge at some point. So this will be one of the designs. We're looking for community partners to help paint and do the work. The goal is to create these murals, put them on the construction fence, and then later deploy them into community, maybe working with our friends—Bayfront Parks and Trails—or other businesses, and do maybe some geocaching with the murals as they're deployed and rehomed in areas of Hilo. Looking forward to my colleagues' support on this. It really is a launching pad to put art in public spaces. I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Anyone else? Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I just want to thank you, Council Member Lee Loy, for your leadership on this project. I'm a huge fan of the arts, and so, love that you are bringing community together, artists together. And in this moment where we finally have received, I think, indication from State DLNR (Department of Land and Natural Resources) that they are going to be a strong partner in helping to revitalize this peninsula, what a great way to bring everybody together. And as you say, this design lab being the launching point for what we all want Banyan Drive to be, which is a really beautiful, thriving place for families and visitors alike. So, really excited. Count me in for some paint days. And again, congratulations. Well done. It really does take a community, so thanks for bringing everyone together. I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. Thank you, Council Member Lee Loy. I think this is a really exciting project. I was happy to give a little bit of money at the start, and looking forward to seeing how both this plays out and the possibilities for even growing it to include nearby areas potentially. So I think there's a lot of places that could be enhanced by work like this, especially coming from a collaborative group that you've been able to pull together. So thank you so much. CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Lee Loy. MS. LEE LOY: The murals themselves, we're having the oral history recorded along with the people who are participating, as far as community. We're going to be recording all of that. And the goal is to have a QR (Quick Response) code Page 39 Hawaii County Council-25 November 1,2023 placed on these murals. So, for those people who are looking at it, they can actually hit the QR code and get all the videos and all testimonies in the development. Really excited. I don't know if it's ever been done, so I'm just really excited to try. Thank you. CHR. KIMBALL: Thank you, Council Member Lee Loy. Anyone else? I'll just chime in real quickly and say, yeah, this is very cool. I think we're all really excited to see this happen. And what a transformation from a place of blight and heartache into something kind of beautiful and community-based. And Corporation Counsel back there, are we able to join each other painting and not violate Sunshine Law? I think so. Yeah? Right on. Okay, well, let's suit up for that when it's time. We'll all come out. All right, with that we'll go ahead and proceed with the vote. This is Resolution 321-23. All those in favor, please say Ic aye. Vote on Res. 321-23: The motion to adopt Res. 321-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Res. 322-23: 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 ISLAND HIV/AIDS FOUNDATION TO ASSIST WITH EXPENSES RELATED TO ITS PUNA HIV, STI, AND OVERDOSE REDUCTION AND REINTEGRATION PROJECT Transfers $10,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 549 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 322-23. Seconded by Ms. Kierkiewicz. CHR. KIMBALL: Council Member. MR. KANEALII-KLEINFELDER: Again,just really appreciating whoever did these numberings for me; I like you a lot. And as well to Mr. Silva, who left already but did provide testimony this morning on the importance of this Page 40 Hawaii County Council-25 November 1,2023 resolution and the funding, given the reduction in funding from the State actually, not reduction but just flatlined from the State. So, hope this helps provide better services to our community, and appreciate the organization being here this morning to support. CHR. KIMBALL: Thank you, Council Member. Anyone else? Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. I'll be supporting this resolution. And just mahalo nui to Tui for being here in Council today. He and his team are actually in the Pahoa Council office every other Monday delivering services, and he says that it is actually one of the most popular communities that they're outreaching to. So I'm glad that the Puna community finds their presence to be beneficial. And I just want to thank again Tui and his team for the amazing work that they do to provide services, materials, outreach to these communities. I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 322-23: The motion to adopt Res. 322-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Res. 324-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE ISLAND OF HAWAII YMCA FOR THE PURCHASE AND INSTALLATION OF AN ICE MACHINE Transfers $5,950 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 551 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 324-23. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kierkiewicz. Page 41 Hawaii County Council-25 November 1,2023 MS. KIERKIEWICZ: Thank you. Got a unique request from the YMCA. Their ice machine is on its last limb, and we all know that this organization serves as a resilience hub; brings folks together for a variety of community events. They just did a three-day haunted house to raise funding for their Junior Leaders Program. They also host a number of town halls by visiting congressional members. And so they really are a community gathering place. And it's hot. They don't have AC (air conditioning). So they often have to put drinks in coolers. And so this helps to kind of support their efforts to continue to host events and ensure that everybody has cool drinks to enjoy. So, looking for everyone's support. Thank you, Chair. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council Member Lee Loy. MS. LEE LOY: Yeah, in support. To my colleague, we're at the gym over there. And so we put in a water bottling station where you can fill your Hydro Flask. And so this will be a nice addition to all the great things that are happening. But the Y (YMCA) is really becoming or is, I should say,just a pillar in community. They really serve a lot of people. And since I'm there every morning, I get to see so many people, retirees; and then during the break for school, all the kids coming through. So thank you, Ms. Kierkiewicz, for this contribution to the Y. I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Anyone else? All those in favor, please say "aye." Vote on Res. 324-23: The motion to adopt Res. 324-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Kagiwada, Kierkiewicz, Lee Loy, and Chair Kimball —5. Noes: None. Absent: Council Members Evans, Inaba, Kaneali`i-Kleinfelder, and Villegas —4. Excused: None. Page 42 Hawaii County Council-25 November 1,2023 Res. 325-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE WREATHS FOR THE WEST HAWAII VETERANS CEMETERY-PU'U HO`OMAHA O NA POB KOA O HAWAII KOMOHANA FOR THE NATIONAL WREATHS ACROSS AMERICA DAY Transfers $1,250 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 552 Intr. by: Ms. Evans Vote on Res. 325-23: Ms. Lee Loy moved to adopt Res. 325-23. Seconded by (Adopted) Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Kagiwada, Kierkiewicz, Lee Loy, and Chair Kimball —5. Noes: None. Absent: Council Members Evans, Inaba, Kaneali`i-Kleinfelder, and Villegas —4. Excused: None. Res. 326-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE WAIMEA PRESERVATION ASSOCIATION TO ASSIST WITH EXPENSES RELATED TO ITS ARCHIVAL PRESERVATION PROJECT Transfers $5,265 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 553 Intr. by: Ms. Evans Motion to Approve: Ms. Lee Loy moved to adopt Res. 326-23. Seconded by Ms. Galimba. CHR. KIMBALL: Any discussion on this item? Council Member Kierkiewicz. MS. KIERKIEWICZ: Chair, Council Member Evans isn't here, but I just want to, on the record, say that I really appreciate her investment in this project, which would allow for future generations to take a look at different materials of the past and present day. And so this is really exciting, and I appreciate the partnership that's being fostered here between students and kupuna. I think there's something really special about intergenerational connections. So thank you, Council Page 43 Hawaii County Council-25 November 1,2023 Member Evans, for supporting. Really curious to see how this goes and see how we might support other community organizations in our districts do the same thing. I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else? Council Member Galimba. MS. GALIMBA: Thanks. I have a similar group in my community that is doing this kind of work, and I'm hoping that they will come forward and get some CRF funds. But, yes, it is really important. Thanks. CHR. KIMBALL: Thank you, Council Member Galimba. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 326-23: The motion to adopt Res. 326-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Res. 327-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF THE FUTURE TO ASSIST WITH EXPENSES RELATED TO THE NORTH KOHALA TOOL LIBRARY 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. 554 Intr. by: Ms. Evans Motion to Approve: Ms. Lee Loy moved to adopt Res. 327-23. Seconded by Ms. Galimba. CHR. KIMBALL: Any discussion on this item? Council Member Lee Loy or Galimba? MS. GALIMBA: Tool library sounds good. Page 44 Hawaii County Council-25 November 1,2023 CHR. KIMBALL: All right. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 327-23: The motion to adopt Res. 327-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Res. 332-23: 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 YWCA OF HAWAII ISLAND TO PROMOTE ITS 24-HOUR SEXUAL ASSAULT CRISIS HOTLINE Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 564 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 332-23. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. I'm giving to the other Y, this time the YWCA. They had a really successful walk-a-mile event this weekend that was raising money for this particular program, the Sexual Assault Support Services, or SASS. This funding is actually going to be used to support marketing the 24-hour hotline that is available. I know that they fielded nearly 1,600 calls last year, helping people navigate the legal process, health process, and just providing support to survivors of sexual assault. So, really happy to make this k6kua. And if folks are able to with their contingency money, I also encourage you to do this because this is a program that supports every district on our island. And I believe it's the only one of its kind in Hawaii County. So, looking for everyone's support today. Thank you. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Any further discussion on this item? Seeing none, all those in favor please say "aye." Page 45 Hawaii County Council-25 November 1,2023 Vote on Res. 332-23: The motion to adopt Res. 332-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Res. 334-23: 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 FOR THE NA`ALEHU RESILIENCE HUB Transfers $7,500 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Research and Development, Agriculture—Other Current Expenses account. Reference: Comm. 566 Intr. by: Ms. Galimba Motion to Approve: Ms. Galimba moved to adopt Res. 334-23. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Galimba. MS. GALIMBA: Yes,just looking for my colleagues' support of this. The resilience hub in N5'51ehu has been in existence since 2020. And the funding that Council Member Kierkiewicz did so much to bring to our community and entire island, including Ka`u. So we continue to work on creating a space in N5'51ehu for the community. CHR. KIMBALL: Thank you, Council Member Galimba. Anyone else? Council Member Kierkiewicz. MS. KIERKIEWICZ: I just want to thank Council Member Galimba for her continued support and leadership of the resilience hub network. It was so wonderful to see one of your constituents was it Marsha?—on today. What an inspiring woman. I mean, she really does whip community into shape and coordinate everything. And so it's great that this valuable what I feel is like a community-anchor institution is there, and it's growing and it's engaging community and making sure folks get their basic needs met, but also supporting them through economic development, social impact work. So thank you for your continued support of this hub in your community. I yield. Page 46 Hawaii County Council-25 November 1,2023 CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 334-23: The motion to adopt Res. 334-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Res. 335-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO `EWALU INC. FOR REIMBURSEMENT OF EXPENSES RELATED TO ITS DIGITAL LITERACY CLASSES FOR SENIORS Transfers $1,910 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 567 Intr. by: Ms. Evans Motion to Approve: Ms. Lee Loy moved to adopt Res. 335-23. Seconded by Ms. Galimba. CHR. KIMBALL: Any discussion on this item? I had a chance to talk with Council Member Evans about this particular item because I think it had to be breached, and something she was really excited about. She has a lot of folks that already have expressed interest in participating, so I'm glad she was able to put funds towards this program. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. I actually ran into Alexis Ching, with `Ewalu, over the weekend. She was actually delivering these classes in Keaukaha in partnership with Ka`ala Souza. She said it's so exciting to see seniors checking out devices for the first time and being able to navigate the internet and social media and other platforms with confidence, that they're able to do so proficiently and safely. And so $1,900 has really gone a long way to empower kupuna to navigate the internet. And they all, to my understanding, walked away with either a refurbished Mac (Macintosh) or iPad. So that was pretty significant. And I look forward to finding ways that we are able to continue to do this sort of work in all Page 47 Hawaii County Council-25 November 1,2023 of our district, because I think it's really important that as we transition to a more tech-driven society, that everybody has the ability to stay plugged in and connect. Thank you, Chair. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. I'll just have to see if this is available for my husband. He's not quite senior yet, but he still needs some digital literacy;just put that out there. He's all right. He's on an airplane. He's not watching. Anyway, all those in favor please say "aye." Vote on Res. 335-23: The motion to adopt Res. 335-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Res. 336-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO RECYCLE HAWAII FOR A REIMBURSEMENT OF EXPENSES RELATING TO THE HILO DOWNTOWN IMPROVEMENT ASSOCIATION'S ZERO WASTE HALLOWEEN FESTIVAL Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 568 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 336-23. Seconded by Ms. Kagiwada. CHR. KIMBALL: Council Member Lee Loy. MS. LEE LOY: Just following my Hilo colleagues' support of this program. That weekend was just a lot of Halloween. But one thing I really want to acknowledge is Hilo Downtown Improvement Association. I had gently asked if they would provide things that would help families with kids with special needs and so they did that. And I just really want to mahalo that they provided a lot of equity to those families that, you know, some of these kids they don't want the costume. It's a lot of stimulation for them. So, really a big mahalo to Downtown Improvement Association for putting on such a great program for everybody. I yield. Page 48 Hawaii County Council-25 November 1,2023 CHR. KIMBALL: Thank you, Council Member Lee Loy. Council Member Kagiwada. MS. KAGIWADA: I just want to thank my colleague for supporting this fun event. It was the first time that the Downtown Improvement Association did it. They did it four days. I went by. It was amazing. It was great. And it was one of the more low-keyed. It was outdoors, spread out. I think it was really amenable to people with maybe younger kids or kids with different abilities. So I think it was a really nice addition to all the other haunted houses and things we had going on that maybe aren't for everybody. So thank you very much. And I did talk to the organizers. I think next year we'll do one or two days, not four days. But they had a great time. And the zero-waste folks were there helping people sort their refuse, and yeah, it was just a nice event. So thank you for supporting. CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, both, for supporting this important event so that families have something to take their kids to. I was just curious if at some point there might be a report back from Recycle Hawaii, because I know they strive to create a zero-waste event. It's always great to have big, lofty, ambitious goals. But I think we want to know, going forward, how realistic—what needs improvement. That way we are able to sort of implement these protocols/processes of zero-waste ideals into future events. So maybe, Council Member Kagiwada, you could help to facilitate some kind of report that can be shared with members. Thank you. MS. KAGIWADA: Thank you, Chair. Yeah, I would be happy to reach out to them. We knew going into this it couldn't really be zero waste, because anytime you're giving away treats or candy, they're wrapped, things like that. It's not going to be zero waste. But they were really trying with the food vendors. And then having the pumpkin carving and the pumpkins, those were zero waste. So they really did look at what are some of the things we can do here. But I think you're right. Learning from these and going forward and just getting the word out. I mean even, I have to say, for our County meetings. For some of our County meetings, we provide plastic water bottles and things like that for people that come to some of our meetings. I would love to see us maybe invest in water refilling devices, and have those in our different County meeting spaces so that we don't have to think about bringing water individually each time. But we know if we're going into a County building meeting room, there's a water refilling—something we can use already. And maybe we just bring paper cups, and then people who bring their own water bottles can just refill. So thinking about these things, and I'll definitely ask them to come and give us a report back. Thank you. Page 49 Hawaii County Council-25 November 1,2023 CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 336-23: The motion to adopt Res. 336-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Recess: At 10:58 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 11:07 a.m. Relinquish Chair: At this time, Chair Kimball relinquished the chair to Acting Chair Kaneali`i-Kleinfelder. Change Order As directed by the Acting Chair and with no objection from the Council of Business: Members, the following items were taken out of order: Bill 72: AMENDS CHAPTER 11, ARTICLE 1, SECTIONS 11-3 AND 11-13 OF THE (Draft 2) HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO AFFORDABLE HOUSING Amends and adds definitions and adds the Housing Administrator's powers and duties regarding the eligibility requirements for affordable housing. Reference: Comm. 461.2 Intr. by: Ms. Kimball and Mr. Inaba First Reading: October 18, 2023 Motion to Approve: Ms. Kimball moved to pass Bill 72, Draft 2, on second and final reading. Seconded by Ms. Lee Loy. ACTING CHR KANEALI`I-KLEINFELDER: Council Member Kimball, go ahead. MS. KIMBALL: Thank you. We had a pretty detailed discussion about this at both Committee and first Council reading. I just want to once again thank Deputy Corp. (Corporation) Counsel Sylvia Wan for her help in reviewing the background and other legalese related to this bill as well as Housing Page 50 Hawaii County Council-25 November 1,2023 Administrator Kunz for her input in the final draft of the bill. Happy to take any questions or comments if there are still things that are unresolved. But hopefully everyone can get behind this in its current form. Thank you. ACTING CHR KANEALI`I-KLEINFELDER: Thank you. Council Member Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you. I just want to thank Council Members Kimball and Inaba for their work on this. I remember when we had first received the draft; it wasn't ready for primetime but here we are. And thank you for being open to the suggestions that were coming from this body. A lot of my support for this is grounded in the fact that the County is actually moving forward on housing projects, because this sort of criteria applies just to County housing projects. We're funding three in the bond ordinance that we just passed earlier today. And hearing about all of the progress that's being made on Kamakoa Nui is really exciting. And to also hear from Administrator Kunz that they will keep this criteria in mind when they're entering into agreements with private developers is exciting, because now we're finally hitting the target of making sure that people that want to and really need to call Hawaii home are able to. So thank you for introducing this measure. ACTING CHR KANEALI`I-KLEINFELDER: Thank you. Okay, seeing no further discussion, the motion is on the floor to adopt Bill No. 72, Draft 2. All in favor? Vote on Bill 72: The motion to pass Bill 72, Draft 2, on second and final Draft 2 reading was carried by the following voice vote: (Adopted) Ayes: Council Members Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Acting Chair Kaneali`i-Kleinfelder—6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Relinquish Chair: At this time, Acting Chair Kaneali`i-Kleinfelder relinquished the chair to Chair Kimball. Page 51 Hawaii County Council-25 November 1,2023 Bill 73: 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 2023 Emergency Proclamation Homeless Programs — Federal account($2,000,000); and appropriates the same to the 2023 Emergency Proclamation Homeless Programs account($1,900,000); and the 2023 Emergency Proclamation Homeless Programs —Administration account($100,000). Funds would be used to support the implementation and on-going operations of a new homeless shelter program. Reference: Comm. 482 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 18, 2023 Vote on Bill 73: Mr. Kaneali`i-Kleinfelder moved to pass Bill 73 on second (Adopted) and final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Bill 74: 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 —Hawai`i County Police Department Data Grant account($16,980); and appropriates the same to the Hawaii County Police Department Data Grant account, for a total appropriation of$89,980. These additional funds would be used to establish a statewide traffic data system and ensure compliance with national standards. Reference: Comm. 483 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 18, 2023 Page 52 Hawaii County Council-25 November 1,2023 Vote on Bill 74: Mr. Kaneali`i-Kleinfelder moved to pass Bill 74 on second (Adopted) and final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Bill 75: 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 —Occupant Protection Program account ($37,959); and appropriates the same to the Occupant Protection Program account, for a total appropriation of$161,959. These additional funds would be used to fund operations focused on occupant protection projects through the Community Highway Safety Program. Reference: Comm. 484 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 18, 2023 Vote on Bill 75: Mr. Kaneali`i-Kleinfelder moved to pass Bill 75 on second (Adopted) and final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Page 53 Hawaii County Council-25 November 1,2023 Bill 76: 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 —Hawai`i County Police Department Roadblock Program account($97,970.95); and appropriates the same to the Hawaii County Police Department Roadblock Program account, for a total appropriation of $522,970.95. These additional funds would be used to fund programs focused on reducing the number of drivers operating a vehicle while impaired. Reference: Comm. 485 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 18, 2023 Vote on Bill 76: Mr. Kaneali`i-Kleinfelder moved to pass Bill 76 on second (Adopted) and final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Bill 77: 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 —Hawai`i County Police Department 2023 Special Traffic Enforcement Patrol Grant account($280); and appropriates the same to the Hawaii County Police Department 2023 Special Traffic Enforcement Patrol Grant account, for a total appropriation of$574,514. These additional funds would be used for training, education, enforcement, and community collaboration to reduce the number of traffic fatalities and injuries. Reference: Comm. 486 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 18, 2023 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 77 on second and final reading. Seconded by Ms. Lee Loy. CHR. KIMBALL: Any discussion on this item? Council Member Kaneali`i- Kleinfelder. Page 54 Hawaii County Council-25 November 1,2023 MR. KANEALII-KLEINFELDER: I'm just going to take a minute to mahalo Mr. Keltner for doing all the work for us and getting these grants done. He's a good man. Thank you. CHR. KIMBALL: Thank you very much. Anyone else? Seeing none, all those in favor please say "aye." Vote on Bill 77: The motion to pass Bill 77 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Bill 78: 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 Transfer from General Fund account($8,300); and appropriates the same to the Papa`aloa Housing Project account to purchase planter boxes for residential gardening. Reference: Comm. 487 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 18, 2023 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 78 on second and final reading. Seconded by Ms. Lee Loy. CHR. KIMBALL: Any discussion? I'd just like to quickly mahalo Office of Housing for their support in getting this project underway for this senior housing project. They're very excited. With that, all those in favor please say "aye." Vote on Bill 78: The motion to pass Bill 78 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Page 55 Hawaii County Council-25 November 1,2023 Bill 79: 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 State Emergency Medical Services account($617,702); and appropriates the same to the Emergency Medical Services Other Current Expenses account($474,008); and the Retirement Benefits account($143,694). Funds would be used to cover collective bargaining agreement salaries, fringe benefits, and operational increases. Reference: Comm. 488 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 18, 2023 Vote on Bill 79: Mr. Kaneali`i-Kleinfelder moved to pass Bill 79 on second (Adopted) and final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Bill 80: AMENDS ORDINANCE NO. 23-51, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2023 TO JUNE 30, 2024 Adds the Public Works Bridge Repair Projects —Honoli`i and Kaiwilahilahi Streams — Federal project($6 million) to the Capital Budget. Funds for this project shall be provided from Federal Grants Receivable to rehabilitate the integrity of these bridges. Reference: Comm. 489 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 18, 2023 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Page 56 Hawaii County Council-25 November 1,2023 Vote on Bill 80: Mr. Kaneali`i-Kleinfelder moved to pass Bill 80 on second (Adopted) and final reading. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Bill 81: AMENDS ORDINANCE NO. 23-51, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2023 TO JUNE 30, 2024 Adds the Fire Department Waiuli (Leleiwi) Beach Park Lifeguard Tower Construction—Fair Share project($48,000)to the Capital Budget. Funds for this project shall be provided from Fair Share Contributions to replace the existing tower with a new fiberglass surveyor tower. Reference: Comm. 490 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 18, 2023 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 81 on second and final reading. Seconded by Ms. Lee Loy. CHR. KIMBALL: Discussion on this item? Council Member Lee Loy. MS. LEE LOY: Thanks, Chief, for being here. I just had a couple of questions. I understood at our last reading there was a tower there. It got taken down and this is a brand new one. What's the time line for getting it in, and do we have a repair and maintenance plan? And I'm asking out loud because all the salt water that happens on these towers. (Note: At this time, Assistant Fire Chief Darwin Okinaka came forward to address the members of the Council.) MR. OKINAKA: Good morning. Darwin Okinaka, Assistant Fire Chief with the Fire Department, Operations Division. Yes, we did dismantle the tower, gosh, I think two years ago maybe now already. But we haven't been using that tower Page 57 Hawaii County Council-25 November 1,2023 for, gosh, I think since I've been in this position maybe five years only because, yeah, this is the last of our tower conversions from the old wooden/metal-style towers that was just rusted away because of the seawater. These new towers that we've been transitioning to, fiberglass shell with stainless steel structure, will last years. As far as maintenance, we really don't have a maintenance plan to be honest. We're working on doing minor maintenance. But usually because these towers are built fairly well, it doesn't have much maintenance. We have been noticing some of our towers, the ramps are what's been giving out. But it's usually smaller stuff that actually are large; been taking on themselves for lack of contractors that actually do fiberglass work around, you know. So they've actually been taking on the minor repairs themselves and doing it. As far as replacement for these types of towers, because we just—since we've taken over ocean safety in 2007 and then eventually getting all these transitioned over, we haven't had to replace one of these towers yet, but it's getting there. So it's something that we've been discussing internally and possibly will be putting into our budget. MS. LEE LOY: Thanks. Thanks for being here. MR. OKINAKA: No problem. MS. LEE LOY: In support. I'll yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Anyone else on this item? Thank you, Chief, for being here. I appreciate your time. MR. OKINAKA: (Inaudible.) CHR. KIMBALL: With that, all those in favor please say "aye." Vote on Bill 81: The motion to pass Bill 81 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball –6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas –3. Excused: None. Page 58 Hawaii County Council-25 November 1,2023 CHR. KIMBALL: Just so folks know, we are waiting on a couple of amendments to arrive for Bill 84, so we'll keep that off for now and move right to the communication. The referral for executive session, please. Comm. 544: CLAIM AGAINST THE COUNTY OF HAWAI`UNATIONAL INTERSTATE INSURANCE FOR ISAAC MICHAELS From Claims Investigator-Adjuster Clifford D. Victorine III, dated October 6, 2023, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, a claim submitted by National Interstate Insurance on behalf of Isaac Michaels. Motion to Close Ms. Lee Loy moved to close file on Comm. 544. Seconded File: by Ms. Galimba. CHR. KIMBALL: With that, folks, we can open it up to the discussion about whether or not we want to get into Executive Session to consult with our attorneys, or if we want to accept the recommendation included. Any discussion from folks? Okay, can I have a motion, then, regarding the recommendation? Motion to Concur: Ms. Lee Loy moved to concur with the recommendation of Corporation Counsel regarding Comm. 544. Seconded by Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I just want to say that our Corporation Counsel looks splendid today. You have a nice suit on. Thank you. Thanks for being here. CHR. KIMBALL: I feel like we're in GQ (Gentlemen's Quarterly) here, yeah. Anyone else on the proposal to approve the recommendation? Seeing none, all those in favor please say "aye." Vote on Motion to The motion to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 544 was carried by (Approved) the following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Page 59 Hawaii County Council-25 November 1,2023 Vote on Comm. 544: The motion to close file on Comm. 544 was carried by the Filed following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. CHR. KIMBALL: Let's see. What do we think in terms of those amendments arriving? Do we need a brief recess while we wait for them still? MR. HENRICKS: That would appear to be the case. CHR. KIMBALL: Okay, with that I'm going to put us into recess until, let's try for 11:35. At this time, we are in recess. Yes? MR. HENRICKS: That might be optimistic. CHR. KIMBALL: 11:45? MR. HENRICKS: Yeah, I think so. Thank you. CHR. KIMBALL: We are in recess until 11:45. Thank you. Recess: At 11:28 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 11:50 a.m. Relinquish Chair: At this time, Chair Kimball relinquished the chair to Acting Chair Kierkiewicz. Return to Order The Acting Chair directed the Council to return to the order of business. of Business: BILLS FOR The Acting Chair directed the Council to proceed to the next order of business, ORDINANCES Bills for Ordinances (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order.) Page 60 Hawaii County Council-25 November 1,2023 Bill 84: AMENDS CHAPTER 5, ARTICLE 4, SECTION 5-4-7 AND CHAPTER 5, ARTICLE 5, SECTIONS 5-5-4 AND 5-5-5 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO CANCELLATION OF CONSTRUCTION CODE PERMIT APPLICATIONS, PERMIT EXPIRATIONS, AND PERMIT EXTENSIONS Seeks to standardize and coordinate various timing elements for applications, extensions, and expirations of Construction Code permits to be in alignment with statutorily required adoption of new Construction Code standards to ensure proposed projects are planned and designed in accordance with updated and modified provisions of the Construction Code. Reference: Comm. 516 Intr. by: Ms. Kimball and Ms. Lee Loy Approve: PCPLUD-6 (Note: Comms. 516.1 through 516.4, from Council Member Susan L. K. Lee Loy and Council Chair Heather L. Kimball dated November 1, 2023, transmitting proposed amendments to Bill 84, were circulated.) Motion to Approve: Ms. Kimball moved to pass Bill 84 on first reading and adopt Policy Committee on Planning, Land Use, and Development Report No. 6. Seconded by Ms. Lee Loy. ACTING CHR KIERKIEWICZ: Council Member Kimball. MS. KIMBALL: Thank you, Council Member. So I'll just start by framing the conversation, reminding everyone what this bill proposes to amend. It's an adjustment to the Building Code to address, particularly, timing elements and extensions in particular. As I stated in the Committee hearing, the purpose of this was really to simplify this portion of the Code, making it very easy for members of the public to understand. Really remove a lot of the extraneous sort of micromanaging that we were doing of projects, and really taking a lot of the discretionary elements out so that there are no feelings like treatment is being delivered differently amongst different people. The timing elements that we have specifically addressed are the time which is utilized to pursue the application for a permit that is set at 180 days, and then that time period comes from the International Building Code. What we're trying to do here is just simplify that there has to be sort of activity ongoing from the applicants during this time period. There are automatic extensions kind of built into it or possibilities to request extensions as long as they're timely. And one of the things that needed to be really clarified about this is if any delays were our side, the department's side, the department will automatically extend this. This part of the Code is not meant to penalize anybody. It's meant to Page 61 Hawaii County Council-25 November 1,2023 identify an aspirational goal, both internally and externally, to try to get these processes done quickly within 180 days, and just make sure that the process is ongoing. The next section has to do with expirations, and we've made that as really simple as possible: Six years, meant to cycle with the adoption of the Building Code. So no longer are there two different dates for owner-builder versus contractor. We've extended the maximum, which has been five years now, to six years. And we're rolling that back from the adoption of Ordinance 20-61, which was the adoption of this section of the Code when we combined all of the different types of permits under one Code. And so that August 17 date is the effective date of that ordinance. The extensions for the deadline is currently at one extension, and that is permissible when the development is substantially complete. That is a regular terminology used in building professional, which means that the building is completed to the point where it could be occupied and utilized for the purpose of which it was intended. The other piece of this I think is to make sure that there is going to be a responsibility on the part of the property owners and their design professionals to ensure that their time lines are being met. We are again taking out all of the steps where we are kind of micromanaging; getting part of that process. There is, of course, the opportunity for one extension in those extraordinary circumstances beyond our control. And then if there is anything that is particularly unusual, that is something—as has always been the case, it could be taken to the Appeals Board if the extension is denied. But just laying the groundwork again for the content of this bill. I'll pass it over to my colleague if she has anything to add. We do have a couple of amendments to consider today on this piece of legislation. Thank you. ACTING CHR KIERKIEWICZ: Thank you, Council Member Kimball, for the overview. Council Member Lee Loy, do you have anything to add? Okay. Any comments before we move into amendments? Okay, seeing none, may I have a motion to amend Bill 84 with the contents of Communication 516.1? Motion to Amend: Ms. Lee Loy moved to amend Bill 84 with the contents of Comm. 516.1. Seconded by Ms. Kimball. ACTING CHR KIERKIEWICZ: Council Member Lee Loy. MS. LEE LOY: Thank you for the opportunity to introduce this amendment. This actually was discussed in Committee, and what we're doing is deleting the picking up of a permit because that's no longer offered. Through the EPIC (Electronic Processing and Information Center) System, they are able to Page 62 Hawaii County Council-25 November 1,2023 download the permit and print it themselves. So there's no need for this part in the Code. It just doesn't exist anymore. Mainly a housekeeping bill. I ask for my colleagues' support. ACTING CHR KIERKIEWICZ: Thank you for the explanation. Any comments or questions before I move to the vote? Seeing none, all those in favor please say Ic aye. Vote on Motion to The motion to amend Bill 84 with the contents of Amend: Comm. 516.1 was carried by the following voice vote: (Approved) Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Lee Loy, and Acting Chair Kierkiewicz—6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. Motion to Amend: Ms. Lee Loy moved to amend Bill 84 with the contents of Comm. 516.2. Seconded by Ms. Kimball. ACTING CHR KIERKIEWICZ: Council Member Lee Loy. MS. LEE LOY: Thank you. At our Committee meeting, I had shared with the body that a few days after that meeting was a Hawaii Island Contractors' Association meeting in which Mayor Roth presented the permit status and an update on that, along with sharing what the intentions of Bill 84 were. At that meeting, membership asked, "How do we provide comment? How do we support?" And so, at that meeting, Mayor Roth asked them to take a good hard look at the bill,provide any edits or comments, and send it in to us. Contained within our communication pinkie folder, there is a letter from Hawaii Island Contractors' Association, and this one particular edit/comment is being advanced from their letter. There seems to be some confusion about submission and/or intake. And as mentioned earlier by Ms. Kimball, they don't want to be penalized when the County is taking a long time from the minute they hit the submit button to the moment that it's currently in their intake system. I'm not sure if it's Malia or Julann; you guys want to come forward? Or Steve? MS. KIMBALL: Steve is also here. MS. LEE LOY: Oh, there he is. (Note: At this time, Public Works Director Stephen Pause came forward to address the members of the Council.) Page 63 Hawaii County Council-25 November 1,2023 MS. LEE LOY: Thanks, Steve. I'm not sure if you were able to take a look at Communication 516.2. MR. PAUSE: No. Steve Pause, Director of Public Works. No, I didn't look at it specifically, but I know that this was an issue. I did get to read some of the correspondence that came in as well. I think the 180 days is a good thing to leave in the Code because it's aspirational, right. It means that we want the applicant to continue to work progressively towards achieving getting a permit,just like it's aspirational for the department that we will continue to diligently work through the process to issue the permit. I believe we put language in there that allows for the fact that if in fact the department is the slow hand here or the cause of any delay, that there's easily a way to fix that by providing that additional time frame, as well as the applicant can request it as well. And the applicant can request it as many times as they might need. I think our metrics are running pretty well, the last I checked. And I know that we kind of get hung up on intake on occasion, but the last I checked, any intake for residential permits is like 16 or 17 days. And I think it's 30 days, on the average, for non-res (residential). But I think that we're getting better. We're still down a bunch of clerks. And I know Julann could speak more clearly to maybe the more recent statistics. But the short of it is I think it's a good thing for us both to be on the same page, both the department as well as the applicant, to—again I use the word "aspiration." Like, let's work on this together. There is no intent whatsoever here to penalize or to use this as a stick. And I think Council Member Kimball mentioned, too, that this was a number that was in the IBC (International Building Code). So I think, as a department, we're comfortable. I'm aware of maybe the inability of people to place their full trust in our system and in our metrics at this point. We are getting better. I think we've shown that we're getting better. And speaking on behalf of the department, I think we would feel comfortable just continuing to leave it with the 180 days, unchanged, along with the language in there that allows for extensions. MS. LEE LOY: Thanks, Steve. We're looking at Communication 516.2. This was a suggestion to change the clock from starting at submission to intake. Because, as you mentioned, there seems to be a lot of trust that has to be rebuilt. Maybe you or Malia could describe what the difference is between submission and intake and how intake can happen multiple times throughout the system, which would restart the clock over and over again, and would keep kicking that 180 days out. Page 64 Hawaii County Council-25 November 1,2023 MR. PAUSE: Well, again, intake is one of the processes in issuing the permit, right. You go to intake and then you go to plan review, and then you go to out-processing. And I mentioned, an average right now, that intake process is taking 16 or 17 days. We don't necessarily have a way of tracking in the current system the dates, if you will, associated with intake. Again, I think, collectively, and I've talked to staff about this, we're comfortable using the 180 days from the date of submission. We couldI think you used the words "rebuild trust." I think we've gone a long way here in the last year or year and a half to do that. And, yes, I understand the situation with intake. But the reality of it is our metrics are showing 33 days for a residential new construction permit application to go through our system through intake, through plan review, and through permit issuance if the application is submitted correctly the first time and it doesn't have to go back and forth. One of the other areas as well, the intake, we're also working to change that process for resubmissions. So, when it comes to intake, it gets reviewed, it gets sent back to the applicant, it needs to come back through intake; we're working on trying to streamline that process as well so that that aspect of potential holdup is removed from our overall process. So, again, I think on the basis of what staff has shared with me, as well as just being able to track this, I think it's our preference to leave it as the 180 days, beginning at date of application, or submission of application. And I'll ask Julann if she wants to add anything to that, if you don't mind. (Note: At this time, Public Works Deputy Director Malia Kekai came forward to address the members of the Council.) MS. KEKAL Sorry. Malia Kekai, Deputy Director. I actually wanted to add something real quick, Steve. A couple things. First of all, you are right. There are multiple intakes. So, wording wise, if this is what the Council's pleasure is, I would say "initial intake"probably. Just amend it to that point. But again, because we took this kind of out of the IBC, the actual language from the IBC says, "upon filing of the permit," and that's when the clock starts ticking per the IBC. So if we move it to intake, which seems fair, too, right, it wouldn't be in line with the IBC anymore. So that's just what I wanted to add. MS. LEE LOY: Thanks, Steve. Thanks, Malia. Just taking it out for a walk, trying to test the appetite. There is the letter from Hawaii Island Contractors and their rationale behind this. I yield. ACTING CHR KIERKIEWICZ: Thank you, Council Member. Council Member Kimball. Page 65 Hawaii County Council-25 November 1,2023 MS. KIMBALL: Thank you. Amendments like this one, it's important to have these conversations. As much as this is a very simple bill, it is also a very complex bill. And one of the things that I wanted to highlight in particular with respect to this section is actually some of the language that we've taken out. And one of them is in section what was "c," and there's the reference to pursuing in good faith. And that was actually wording that we took out because it's subjective. What is good faith? And in that same section, there is this requirement that the applicant demonstrate circumstances beyond their control that justify an extension request. We've also taken that out. So the way it's written is that the applicant can just simply ask for the request. There is no discretionary component in this anymore that would require them to show why they needed the extension, and no decision from the Director about whether or not it was justified. Again, trying to make this super clean, no issues created for over and around discretionary decisions. But I do think, and Director Pause and I have had some conversations about this, there probably is some wording here that could be tweaked to address this concern, which I think is what is being reflected by the contractors, is, "Okay, how do we know that the department's automatically going to extend it when they screw up?" That's what it comes down to, and I think that was always the intention. And that's implied in terms of this being an aspirational goal of 180 days; the department not wanting to penalize anybody for something that happens internally, but still holding ourselves accountable to 180 days, as well as the applicant. I appreciate the feedback from the department on this and look forward to conversations from the rest of the body about where we go with this particular language. ACTING CHR KIERKIEWICZ: Thank you, Council Member. On the amendment, Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Mr. Pause, is the department for or against Communication 516.2? MR. PAUSE: In the absence of having it in front of me, Council Member, I believe the short of it is that it would be to change the start date for the 180-day clock to the date of intake complete versus the date of application submitted. So, in that context, the department is in favor of leaving the language as it is so that the clock starts at the date of application being received by the department. MR. KANEALI`I-KLEINFELDER: So submission versus the intake. MR. PAUSE: And I believe submission is what the latest version or the latest draft said before this proposed amendment, correct. Page 66 Hawaii County Council-25 November 1,2023 MR. KANEALI`I-KLEINFELDER: Yeah, the amendment removes the date of submission and replaces with "the application is accepted at intake." MR. PAUSE: Correct. So the department is not in favor of the amendment. MR. KANEALI`I-KLEINFELDER: Was the department aware of this amendment before today? MR. PAUSE: Yeah, there were discussions between our staff and, I believe, Council Members. MR. KANEALI`I-KLEINFELDER: Okay. Okay, thank you. I yield. ACTING CHR KIERKIEWICZ: Council Member Kimball. MS. KIMBALL: Thank you. Director Pause, check your cell phone. I texted you images of the amendments (inaudible). MR. PAUSE: Thank you. I apologize. Yeah, thank you. ACTING CHR KIERKIEWICZ: Director Pause, it was so good to see you. We saw an iteration of you yesterday at Committee. Your Deputy did an excellent job imitating you. I wanted to MR. PAUSE: I'm told such an occurrence did make its appearance at your meetings. ACTING CHR KIERKIEWICZ: It was pretty good. MR. PAUSE: Second best thing, I guess. ACTING CHR KIERKIEWICZ: I wanted to ask you to clarify a comment you made earlier today, and it was in relation to the inability of the EPIC System to track intake and the timing of that. And I guess that, for me, kind of piqued my interest because this body was sold on this system being able to track movement of permit applications as they've been submitted to the County and as they make their way to different reviewing agencies within the County. So could you just elaborate on that? Thank you. MR. PAUSE: Sure. I probably spoke incoherently. What I was attempting to say is that when an application comes in, it's very clear what that application receipt deadline is. As I think Malia mentioned as well, we go through a couple series of intakes. We have labeled the receipt of that application as like sort of the most up-front portion within EPIC of like this is the day that it came in. There may be Page 67 Hawaii County Council-25 November 1,2023 a couple different iterations of intake received and intake completed. My point was, for simplicity's sake, it's easiest for us to track the date of the receipt of that application. Yes, the statistics and the dates of intake, when it came back in for intake, when it was sent from intake to plan review or to planning review, we have all that information. I guess I was just trying to state that simply the date of receipt of the application is an easier thing for us to track. EPIC does track all of that information. I misspoke and I apologize. ACTING CHR KIERKIEWICZ: No worries. Thank you. And I guess maybe Council Member Lee Loy or Kimball on this proposed amendment. Because, I like where we're going, but I also do like Deputy Kekai's suggestion on clarifying because there are different points of intake throughout the process, the initial intake. Because what I'm hearing is, with submission, that date is the day in which an individual or organization is filing within the County's system. That's when the clock starts ticking. And what you're saying, what you're proposing through this amendment, is let's start the clock when a County employee starts to review that application, which could beI'm getting heads shaking, nodding. Okay, let's make sure we're all on the same page here, team. We have our Division Chief here. (Note: At this time, Building Chief Julann Sonomura, Public Works Department, came forward to address the members of the Council.) MS. SONOMURA: Hi. Julann Sonomura, Building Chief. The amendment, as written, talks about the application is accepted at intake. So we're saying the initial submittal. So when they hit"apply,"their permit comes into the system and then it goes through—well, realistically, waits in queue then it comes up for review. And they'll look at your ownership declaration. We'll make sure that you're building on the correct property, and that type of dynamic; the plans are attached and it's a complete application. So what this amendment is asking is that if, for example, they're missing their owner declaration or they're applying for the wrong tax map parcel, then it goes back to the applicant for correction. And the department—well, the division's position is that this is included in the 180 days because we are trying to encourage the permit issuance process, the goal of 180 days. Steve mentioned metrics earlier. So we do have metrics published on our website that are showing 33 days overall to get a residential permit, new permit. But in our back office, we also do average durations that we have for the intake process, a plan review process, and pre-issuance. Of those 33 days, we're showing 17 days are with—it'll take an average of 17 days if everything is correct, if you have all your documents in order. So these 17 days is what the amendment is saying to forgive. Page 68 Hawaii County Council-25 November 1,2023 And if our intent is to encourage the applicants to do it correctly and to be responsible and take ownership in the permitting process, we're saying that these 17 days should be—we are counting for it. The 33 days—talking round numbers, so let's say 30 days to get a permit, that means 150 days are with the permit applicant to get it correct. So as far as transparency with the metrics we publish onsite, we do have that overall 33 days and that is broken down into 17 days for intake, 10 days for plan review, and 3 days for out-processing. So we do monitor how long it takes. And this is where I think the transparency would come in. So if we're online on our website saying it takes 33 days and through, God forbid, a computer glitch, we have a problem and it's taking us 60 days, then right off the bat we can recognize and say, "Hey, it should be taking us 30 days. It's taking us 60 days." So this 30 days shouldn't be a burden to the applicant. So, in other words, at 180 days, if you add 30 to that, it would be like 210. So again it's to encourage the applicant to help us move the permit along and not keep so many things outstanding. So, for that reason, yeah, the department— division epartmentdivision would like the language to remain as originally drafted with the clock-in date being the date of submission. ACTING CHR KIERKIEWICZ: Thank you for all of those details. Any other questions or comments? There was a suggestion by the Deputy to further clarify this amendment, so just looking to the makers of this if you want to proceed with the vote, if you want to withdraw and refine this, and we can take it up at next reading. What is your pleasure? MS. LEE LOY: Chair, if I may? Yeah, I'm going to be withdrawing Communication 516.2. Again, this was some of the comments and suggestions from Hawaii Island Contractors' Association, and I just wanted kind of a transparency of I'm trying to advance their concerns. And there has to be just a deeper understanding and clarity, right. To me, it appears clear: When you hit the "submit"button, the clock starts to tick. They have had experiences when submission to actual intake takes a little bit, but we're getting better. Based on the comments and feedback, I withdraw Communication 516.2. Withdraw Motion Ms. Lee Loy withdrew her motion to amend Bill 84 with to Amend: the contents of Comm. 516.2. Motion to Amend: Ms. Lee Loy moved to amend Bill 84 with the contents of Comm. 516.3. Seconded by Ms. Galimba. ACTING CHR KIERKIEWICZ: Council Member Lee Loy. MS. LEE LOY: Thank you. Again, leaning into Hawaii Island Contractors' comments/letters, this again was a suggestion from them. The explanation being Page 69 Hawaii County Council-25 November 1,2023 there are some anomalies that happen sometimes, can't be planned. And so, having an additional six months was nice, but sometimes to clean up things it takes a year. Again, putting it out for the body. Looking for feedback and even feedback from the department. Mr. Pause, on Communication 516.3. MR. PAUSE: Thank you, Council Member Lee Loy. Yeah, our position on this, and I'll just share it with you, when we originally looked at the draft, by going to the six-year across the board for owner-build and contractor-build, the language that existed for extensions was very unclear, nebulous. And I, quite frankly, had the conversations with staff that I would really like to see no extensions. That six years is and should be a sufficient time period to complete construction of a residential or non-residential structure. Having said that, I had conversations with Corp. Counsel and former Corp. Counsel, now deputy department aka Steve Wannabe, Malia. So we had conversations and we're advised that we should leave, because of I guess the potential for extenuating circumstances, that we should leave some level of extension language in there. So, I guess to put it kind of clearly, my preference was no extension, and this amendment says two extensions. So I think one extension where it is right now in this proposed bill seems to be a good place for it to stay. So, having said that, our position as a department and as the Building Division is to remain at just the one extension. We believe that the six-year time period should be ample time to complete construction. However, we have left language in there if there is some extreme extenuating circumstances to allow the applicant to request that extension one time. MS. LEE LOY: Thanks, Mr. Pause. Thank you, Chair, I yield. ACTING CHR KIERKIEWICZ: Thank you, Council Member Lee Loy. Council Member Kimball. MS. KIMBALL: Thank you. I signed on to this communication on this amendment because I believe it's important for the purpose of transparency to really have these public conversations. This is, again, a simple bill but very impactful, right. This is a big shift. And so I think it would be remiss of us to not really delve into each of these minute decisions. Council Member Lee Loy and I discussed this at length and decided to pull these amendments apart just because we didn't want to throw the baby out with the bathwater on some of these. So, I actually, even though I've signed onto this, I actually support the current language and not the amendment of two years. And the reason being is that I'll walk back to the whole purpose of the six-year time frame in the first place. The purpose of having any kind of termination date, expiration date on the permit is to make sure that everybody is developing/building to the most current Building Page 70 Hawaii County Council-25 November 1,2023 Code. And so, by keeping within that cycle of six years, we're doing that. And the more we walk away from it by adding extensions, I think the more we walk away from that basic principle that the expiration date is tied to the building permit itself—the current Building Code. That said, I think it's—one of the conversations that Council Member Lee Loy and I had is there are really extenuating circumstances. And it's important to have at least one extension. I can share an experience from Papa`aloa Gym, which is in my district, where they were waiting on a handrail. But because of the steel shortage, they couldn't get the final because the handrail couldn't (inaudible). So that's an example where you want to give people an extra six months because the building is substantially complete; you're waiting for one item to finish it. If it's beyond that, and there are these weird exceptions, right. There's always going to be those scenarios that people can bring up, but we can't legislate for every super unique scenario. We've got to legislate for the general scenarios and then provide a pathway for when things are weird. And we provide that pathway through the appeals process. So, if somebody needs that first extension, they get that first extension; things still don't happen, their permit is expired, they have the opportunity to go to the Appeals Board and have a hearing about that particular thing. So there is that mechanism for the unusual circumstance. So, again, appreciate my colleague for working with me and proposing these things so we can have the open dialog because it is such an impactful bill on our processes. Thank you, Chair, I yield. ACTING CHR KIERKIEWICZ: Thank you. Council Member Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair Kierkiewicz. Malia or Steve, I'm just going to ask a simple question. The first question: Can you reiterate for me the purpose of this bill? The bill as a whole. What is the department's/Council's purpose here in making this bill? I'm looking at all these amendments and listening to the contractors and the different folks emailing us. I can keep that in mind as we walk through this. MR. PAUSE: I'll take a shot at that, Council Member. I don't have what I previously stated, so I'll just kind of go from the top of my head. MR. KANEALI`I-KLEINFELDER: Like the 60,000 foot(inaudible) summary. MR. PAUSE: The intent is to really clean up some of the elements of the Building Code that's related to application time frames, expirations, and extensions. It's really, I would say, an attempt to provide some additional clarity or better clarity for the applicants and the permittees. I had mentioned previously Page 71 Hawaii County Council-25 November 1,2023 there's language in the existing Code that talks about cancellation, expiration, withdrawal, abandonment, extension. We really tried to take a hard look at that and simplify this portion of our Building Code. At the same time, I think we're also acknowledging, especially in the transition from the previous systems to EPIC, that there's a lot of people out there that struggled to get their work done in three years as a contractor or five years. So I think the six-year time period is something that's really intended again to simplify, and at the same time, help the community help people who are building and give them additional time. And at the same time, as we look forward, Council Member Kimball brought up our State Building Code changes every three years. If we're doing our best, we can at least be in a place where every six years we are adopting the new Codes. Therefore, all of our plans examiners, all of our building inspectors are now going to only have to work off of two years of Code. So, again, I guess the simple word is our intent here is just to make the language simpler. MR. KANEALI`I-KLEINFELDER: Okay, thank you. Oh, yeah. Say the same? MS. KEKAL I mean, I think I will just add to that, that our goal at DPW is to create a dependable system. So by simplifying this piece of the Code, it also allows us to be more efficient in our efforts within our processes and to streamline those as well so that when somebody comes in, they can say, "I'm going to get a permit in `x' amount of days and I can start construction on this day,"right. And that's what I want. I don't want to have an expedited permit process for affordable housing. I don't want to have an expedited permit process for x, y, z, right. I want our permit process to just be dependable and reliable so that when people are planning their projects, they know exactly when design will be, exactly how long permitting will be, and then how long their construction should take. And that's really the goal, I think. With these amendments, too, is just to, not only create accountability on the side of the applicants, but on our side too. That we are meeting the goals that we put out in front of us, not just aspirational, but actually going out and executing how we say we want to. MR. KANEALI`I-KLEINFELDER: Okay. Thank you. That— ACTING hatACTING CHR KIERKIEWICZ: Thank you. MR. KANEALI`I-KLEINFELDER: Is helpful. I'm not done. So, dependable, clean it up, simplify, create guidelines so that anybody inside/outside of County can track and follow and get something done in an understandable amount of time, yeah. Okay. So, the first Section 5-4-7 has a Section (c), too, that has extensions Page 72 Hawaii County Council-25 November 1,2023 Point of Order: MS. LEE LOY: Chair,point of order. ACTING CHR KIERKIEWICZ: I'm sorry to interrupt. I've been providing a lot of leniency here, but I just want to make sure that we're staying on the amendment, and then we can go back to speaking about the bill in totality. MR. KANEALI`I-KLEINFELDER: I'm on 516.3, Chair. Are you okay with that? ACTING CHR KIERKIEWICZ: I am but you referenced a section of the bill that is not covered under this amendment. MR. KANEALI`I-KLEINFELDER: And I have a question about it in relation to 516.3. ACTING CHR KIERKIEWICZ: Okay, could you cut the attitude? Just making sure that we are staying on point as a body. MR. KANEALI`I-KLEINFELDER: Then cut me off when due. ACTING CHR KIERKIEWICZ: You may continue on the amendment regarding the extensions. MR. KANEALI`I-KLEINFELDER: Thank you. I appreciate that, Chair. Thank you very much. Okay. Back to my question, Ms. Kekai, or Steve. Either one. So, the extensions in 5-4-7(c) differ from Section 5-5-5(c), correct? Okay. MS. KEKAL Yes. MR. KANEALI`I-KLEINFELDER: So, overall,permits will be granted within a six-year time period. Correct? Sorry, I didn't state that right. Say it for me. MS. KEKAL The permit should be issued within 180 days, and then you will have six years to build your project. MR. KANEALI`I-KLEINFELDER: Okay. And then this amendment, 516.3, which would increase the extensions from one to two, would extend that six-year period by one more year, basically. MS. KEKAL One hundred eighty days. Oh, yeah, if you get two extensions. Yeah. MR. KANEALI`I-KLEINFELDER: Two times 180, 360, being five days short of a year. Okay. And the department is basically saying we prefer, I think, Steve, you said no extension originally because six years is sufficient; okay and comfortable with one extension, but the second extension is getting extraneous. Page 73 Hawaii County Council-25 November 1,2023 MR. PAUSE: That's correct. And the other piece of information we put in there when it pertains to requesting an extension, that one extension that we would be willing to consider, is we put in some language that just says, "substantial completion." And I think, Council Member, being familiar with the world of contracting, that's a well-established term, but what we're trying to do is encourage people to finish their projects. And if they do come to us with extenuating circumstances after six years or just before that six-year time frame is up, we're encouraging them to be almost done. That makes it good for everybody. I mean, we want people to be successful and carry out their projects. So that one extension we feel is more than sufficient if you come in and you're almost done, you're substantially complete. MR. KANEALI`I-KLEINFELDER: Okay, which is why I precluded this whole question with what was the intent of the bill. So, from what you've just said MR. PAUSE: Make it simple. MR. KANEALI`I-KLEINFELDER: Make it simple. Make it clear. This is six years with another 180 days if you're not there at the end of your project within six years, and not getting the second extension, which actually makes it seven years. Yeah, I'm going to be voting against the amendment today. Thank you. Thank you for the clarity, department. ACTING CHR KIERKIEWICZ: Council Member Kagiwada. MS. KAGIWADA: Thank you. Just simply, after hearing all this, I think I'll be voting against the amendment as well. I feel like it seems like the one-time extension seems sufficient, and it really does kind of defeat some of the purposes of your intention here if we go with the two extensions. Thank you, Chair. ACTING CHR KIERKIEWICZ: Council Member Lee Loy, I was curious. You mentioned circumstances that were elevated by Hawaii Island Contractors' Association that are really pushing for additional extension here. Could you just kind of speak to the nature of these circumstances, because I'm open to another pathway. I don't know if this amendment encapsulates it, but I also don't know if the Board of Appeals is the best mechanism. I want to try and find a way within the Building Division to accomplish this, and I keep thinking back to there was the pandemic, then labor shortage, supply shortage. So there are things that impacts the whole building ecosystem that really do warrant extension. So just, again, wondering what sort of examples HICA (Hawai`i Island Carpenters' Association) brought forward to have you introduce this amendment. MS. LEE LOY: Thank you for that opportunity, Chair. As you mentioned, supply chain issues, work shortage. A number of contractors were incredibly busy. And so they—even if you had your permit you couldn't hire a contractor Page 74 Hawaii County Council-25 November 1,2023 for almost a year out. Other supply shortages was concrete. If you got your permit today and tried to get your pad poured with concrete, you're out nine months waiting for a delivery date. And so all of that took big bites out of your permit time to construct. I think we provided a little bit more room now because everybody's getting six years. And hopefully, as the system readjusts, six years will be more than enough. But those were the anomalies that they spoke of. Other things were personal: a death in the family, financing. You can control—again, advancing this because they took the time to read it and offer suggestions based on their experiences. I do think there are other pathways for them to express some of those delays, or even some force majeure pieces that might occur in the future. But I'm open to whatever the body wants to do. Our duty is to listen to community and advance their voices. So, happy to look at this,pull it back, vote it down, however the body wants to proceed. ACTING CHR KIERKIEWICZ: Thank you. I think it's pretty clear where folks are leaning on this one. My suggestion is potentially withdraw, work with the department to find an initial pathway. I mean, I think what we have here is pretty solid, and let's give the department a chance to implement this and see if there are adjustments that are needed to the process along the way. So I'll leave it to you with what you want to do with the amendment. MS. LEE LOY: Thank you, Chair. Withdraw. MS. KIMBALL: Before you make that— MS. hatMS. LEE LOY: Sure. MS. KIMBALL: Can I make just one more comment on this, which I want to make sure it's clear that the permit doesn't evaporate per se. It doesn't go away when it expires per se. You just have to reapply. And if there's been no change to the Building Code in that intervening period, you pay half of the permit fee, right. If there has been changes, then you do have to modify your design to match the new Building Code. And that again speaks to the intent of this bill, which is ensuring that—she's coming up, which means I may have said something wrong—my point being is that we're trying to keep people current with the Building Code. Public health and safety, that's the purpose. So there are avenues in that regard if either the permit is still relevant because it's still the same Building Code, or adjustments would have to be made if it's not to the current Building Code. And I'll pass it to Deputy Director. Page 75 Hawaii County Council-25 November 1,2023 MS. KEKAL Sorry. No, I just wanted to add—everything you said was correct—that also the contractors get credit for whatever inspections they've already passed under the previous Code. So, even if there was a Code change, it's not like they have to go back and update the whole building. They get credit for all the stuff that was already done. ACTING CHR KIERKIEWICZ: Thank you. Council Member Lee Loy, on the communication. Withdraw Motion Ms. Lee Loy withdrew her motion to amend Bill 84 with to Amend: the contents of Comm. 516.3. ACTING CHR KIERKIEWICZ: Thank you. I believe we are at the final communication for this bill. Motion to Amend: Ms. Lee Loy moved to amend Bill 84 with the contents of Comm. 516.4. Seconded by Ms. Galimba. ACTING CHR KIERKIEWICZ: Council Member Lee Loy. MS. LEE LOY: Thank you. Again, this one was discussed with Hawaii Island Contractors, and their perception was if they know they're not going to finish construction in time, to go ahead and submit, right, a request for an extension of time to finish construction. And in this process, to make it super simple, there was maybe just a shared understanding that when you submit prior to your construction permit expiring, you're going to get the 180 days, but they wanted a little bit more assurances. This particular amendment does reflect they put in the extension request, the department will acknowledge receipt of that request, and then within a time frame transmit some kind of communication back to them that their extension has been approved. And that's the nuts and bolts of this communication. I'll hand it over to my colleague or to the department. I yield. ACTING CHR KIERKIEWICZ: Thank you. We definitely want to hear from the department on this. Council Member Kimball. MS. KIMBALL: Thank you, Chair. First of all, I want to acknowledge that Sue and her office did a lot of the legwork on getting these amendments ready. And the fact that they're kind of coming in last minute is really not their fault. I've been hard to track down the last couple of days and I apologize for that. But this one, I think we've talked about Chapter 25 a little bit. Within the Planning Code, there are places where, okay, if you put in this request, you expect to hear something back. And so I think that this is a logical request. I think what we just need to hear from the department is if the times that are identified in this proposed amendment makes sense, or if we need to massage it a little bit. But I can certainly acknowledge from the applicant's side the Page 76 Hawaii County Council-25 November 1,2023 reasonableness of the desire to have, "Okay, my request was submitted and it was received," and then some sort of assurance, going back to the dependability thing, that within a certain amount of a time frame, they will get a response one way or another. So, supportive of this amendment. Just want to hear from the departments if we've got the time frames right, or if we need to tweak a little bit. ACTING CHR KIERKIEWICZ: Thanks, Council Member. Director Pause, are you able to respond? MR. PAUSE: Yes. I just—again, I apologize. I'm somewhat disadvantaged here reading things off of a mobile phone. I just wanted to maybe ask a clarifying question, which is what exactly is the request? The request is for the department to provide an acknowledgement, but is there a date, a time, what exactly? So, in my head, I'm going through this, right. It's like the permittee submits a request for an extension, and they want to see an acknowledgement that that request was received? Or they want an acknowledgement and an answer back to the request within a certain time frame? I guess I'm not quite sure which one of those is being asked here. ACTING CHR KIERKIEWICZ: Director, it's actually both. First, acknowledging receipt that this request for an extension has been made. And my thinking around this is we are so reliant on technology. I don't know about you, but I've submitted my fair share of online forms only to find out that it actually wasn't received by the entity. So I think it's really important, as we rely on this digital framework, that there is a receipt that acknowledge "We got your request." Following that, within a week of receiving the request, Public Works issues a determination. And what we're trying to understand is, is seven days sufficient time to make a decision. MR. PAUSE: I guess the internal conversations I've had with my staff is I think we would be willing to go with a time frame of within 30 days. And I would ask maybe Julann in this particular case, if you wanted to add any more color around that. Thank you. MS. SONOMURA: Thank you. So we recognize, yeah, we should be acknowledging when they do submit a request for extension. We've been lax on that. A large part of the reason for that is we're just not staffed. So, for us to commit to—when we had this discussion earlier, a number that came to us was within 30 days we would say, okay, we acknowledge it. But to look at the—and get the paperwork going and everything in for that, it's really hard to commit to a time frame at this point. To do all of this processing, we would be removing clerks from intake and processing, which means if our feet are held to the fire on this, permit issuance will take longer. Page 77 Hawaii County Council-25 November 1,2023 So we're looking at not penalizing the people who are coming in for permits, being able to operate and function as we have been. And when people need more time, if they can be patient with us, that we cannot turn on a dime, we will acknowledge that we received your request, which is, I think, the largest concern. They think it's falling in a black hole. So we can acknowledge that we received it. But if we have a little more understanding in granting the request and writing it up and doing all of that research, we would appreciate it. Because, again, we don't want to penalize the people coming in for permitting. Right now, the intake steps are probably taking longer than the plan review and out-processing. ACTING CHR KIERKIEWICZ: Thank you, Chief. Council Member Lee Loy, did you want to respond? MS. LEE LOY: Yeah. And I'm just wondering out loud. Absolutely. We just want to know you guys got it. Right? Just like when they hit the submit button, the clock starts ticking. The applicant wants to know: "I put in a request. Please acknowledge." And I'm just wondering out loud if there's a way to script or populate through the EPIC System an acknowledgement back to the applicant when they put it in. And I picked the seven days because that's "I really want to know what's going on." Willing to massage this a little more. I really would love to see an acknowledgement first and foremost. And whatever time frame to respond that"You are granted an extension,"we can work through that. I yield. ACTING CHR KIERKIEWICZ: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. This I like because this is coming up directly before the expiration. And if you're a contractor or a homeowner or whatever, and you're like almost there and you need the extension and you're in progress, if I send it in, I would want to know. And then I would want that back I'd have to say before 30 days because that's when I'm applying for the extension. Actually, let me reread that: at least 30 days prior to the expiration date. So that's like down to the wire for the applicant in hoping that, "Yeah, I know you got my letter, but I don't know what your decision was." Could we find a middle ground? Fourteen days or fourteen business days, however we want to define that so that we know we have time to get that letter back to the person who is stressing about not losing the permit? MS. KEKAL Yeah, I think this is how I imagine it to work out, actually. We will create an automated system where you get—we haven't decided exactly how far out—maybe six months, maybe 180 days, maybe 90 days. We'd send a letter to you and say, basically, "Your permit is going to expire on such and such date. Request your extension now." Giving us the proper time to review it properly, giving them enough time to request it, and then, yes, of course wanting to give them an answer before the expiration of permit so they can continue to work or not. So that's what I'm going to say. Page 78 Hawaii County Council-25 November 1,2023 Even though it does say "before 30,"I would hope and I would encourage all contractors to, as soon as they know that stuff's not going right, to submit early. But I do understand what you're saying. I think that 30 days is just something at this time, with our staffing and everything, that we can live with, and we know that that we could actually accomplish. Anything shorter than that we're just not sure that we'll get there, and then be able to handle everything else at the same time. So that's kind of just where we're at right now. MR. KANEALI`I-KLEINFELDER: Okay. To the maker, I like this. If we can find a middle ground between the 30 and the 7. I yield. ACTING CHR KIERKIEWICZ: Anyone else? Council Member Kagiwada. MS. KAGIWADA: Just a clarification. I thought I heard you say that 30 days to get back to them to let them know you received it. Is that what you said? MS. KEKAL I mean, that's what Julann said, but I think what we could work out is a system basically, because we don't get extension requests through the EPIC System, which I think is actually better. We get them through email. So we could create a dedicated email basically that we could set up an automatic receipt thing and then, therefore, we would also know exactly when they were received. That would probably be a more efficient way than trying to MS. KAGIWADA: And faster than 30 days. MS. KEKAL Yeah, and faster than 30 days, the actual acknowledgement, yes. MS. KAGIWADA: Okay because this is asking for seven days for the actual decision. But you were talking actually just even the receipt of. MS. SONOMURA: Right. And so when we're saying "acknowledgement,"we would acknowledge the email that came in. So many of the requests we receive are the wrong TMK and wrong permit number. So there is a lot of hands-on verification that we have to do. And I believe the extension reads, "substantially complete." So we would also need to verify that before we grant the extension. MS. KAGIWADA: Okay. It just seems like whatever number is landed on is the amount of time you need, that then those messages out to people who are working on their construction projects need to be in sufficient time and to remind them that this is the amount of turnaround time the department has so that they get those in. It's just not extra time, but you say, "We need 60 days to get back to you," or whatever it is, 30 days or whatever. But they understand that you need that time. So, yeah, the 30 days that are currently in there doesn't seem like enough; I guess that's what I'm also saying. Anyway, my two cents. Thanks. Page 79 Hawaii County Council-25 November 1,2023 ACTING CHR KIERKIEWICZ: Thanks, Council Member. Council Member Lee Loy, this is something that I brought up in Committee, wanting there to be the acknowledgement, but also there being a time frame in which the department should respond that way: We're not in limbo, what's going to go, what's going to happen. My suggestion: We might need to clean up the actual bill because if the department is requesting 30 days to make a decision, we might want to encourage folks to put in the request for an extension earlier than 30 days before it expires. I know human nature, super last minute, but perhaps we can encourage folks. And I love the idea of working within the EPIC System. It keeps everything in a nice, neat box attached to a particular project and TMK. So, Malia, is that something we can do, rather than email, within the system? Again, I don't know how the system works from the backend, if you can build out those components. But it just makes sense. It's a millions-of-dollars system. You'd think you could. MS. SONOMURA: No, I think it's something we can work towards, but right now, everything comes in through email and that's the fastest way. So it comes in. It goes to either Kelly or me for immediate address—well, as soon as we, you know, when we can get to it. We look at it. But when it goes through the EPIC System, it's waiting behind hundreds of other new tasks that come in: people submitting declarations, plans, ownership. It gets lost in the flurry. And so, right now, that's why it's being handled separately. And so it has that—because it's unique situations people are describing, very personal, we look at it individually. It's not something that we mass produce. So the EPIC, maybe someday. But I think right now, I think we're as yeah, I think email is the better way to go. And then once it comes in, it gets uploaded. So the request gets uploaded and the response gets uploaded. So that outcome is within that clean package of the permit. ACTING CHR KIERKIEWICZ: Okay. Director Pause. MR. PAUSE: Thank you, Council Member. I'm doing mental math, and the first time that these will become relevant I believe, if we go back to—we look at six years from August of 2020, it's giving us about two-and-a-half to three years. And I would before we really start looking at potentially some of these first requests for extensions, and I would hope—we've got three issues here. I think I heard either Julann or Malia mention about automating EPIC to send out a notice to people and say, "Hey, your permit expires in six months." I think that I can see in the next two-and-a-half years us being able to do that, be able to build something out of EPIC that sends out a notice to say, "Your permits expired." Maybe in a similar vein as you get a notice that your license or your registration is going to expire. I think we can build that out. Page 80 Hawaii County Council-25 November 1,2023 I think the second thing would be can we automate when you send in a request for an extension so that it sends you back a receipt? And I don't know that I could sayI'm thinking we ought to be able to do that immediately, some built automation: you've sent in, you've requested, can we get out a receipt acknowledging that. And then I think the last issue is how long could it take us to get back and notify "yes" or "no." And I'm, againI heard compromise. I heard 7 days and I had 30. And the number right in between 7 days and 30 sounds like 21. I'm an engineer so I'm really good at math. So I think, if you look at those areas, I think it's a bit of a challenge. But I don't see why the first two, we can't build automation to send out a reminder that your permit is going to expire, and secondly, to be able to immediately send out a receipt acknowledging your request. And then give us some time to actually act on the request. Those are (inaudible). ACTING CHR KIERKIEWICZ: I appreciate your willingness to explore what's possible within the system. And again, I want to ask the introducers here what the happy medium is going to be in relation to how long the department is going to be granted to review extension requests. Might not be 7. Again, I also think requesting for the extension 30 days before it expires might be cutting it a little too close. MS. LEE LOY: Yeah, if I may, Chair? ACTING CHR KIERKIEWICZ: Sure. MS. LEE LOY: Maybe this is more of a question for Malia. It reads, "requests for permit deadline extensions shall be submitted in writing to the authority having jurisdiction at least thirty days,"but it doesn't prohibit them from requesting from six months. But at minimum, you've got to get it to us 30 days before it expires. And so I'm fine with that. We're not saying you cannot go early. We're just saying you cannot come 29 days before expiration, because that's not going to give them enough time. Definitely leaning into the department. And based on what Director Pause said, we're doing this here. It's affecting permits that were issued in 2020, right, and so they're going to have this long runway. And I am hopeful, right, that through this automation that we'll become more and more efficient. (Inaudible)putting you guys on the spot, like, what that happy medium is. I'm going to get a little wild and crazy here and ask the body. I'm willing to vote this one through with the understanding that that 7 days would be amended at the next reading after we have time to talk to the department. I yield. ACTING CHR KIERKIEWICZ: Thank you. Council Member Kaneali`i- Kleinfelder. Page 81 Hawaii County Council-25 November 1,2023 MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Yeah, thank you for stating that because I wanted to clear—cause there's a number of time lines we're dealing with. I'm not going to say it again. I'd rather see the amendment the way it should be before we vote on it. So that's where I stand. Thank you. ACTING CHR KIERKIEWICZ: Thank you. Council Member Kimball. MS. KIMBALL: Actually, a question for the Clerk. Would it be—if we were to amend 7 to 30, could we do that on the floor here? Or do we need a physical amendment to do that? MR. HENRICKS: You could make a verbal amendment to something that's already in writing. The rules do not prohibit that. MS. KIMBALL: Thank you for that. I think 30 days is where we should be, personally, based on the discussion, and it gives the department two-and-a-half years, roughly, to figure that out. So I'd like to make the motion that we amend the contents of Communication 516.4 to amend Bill 84 from 7 days to 30 days. MS. LEE LOY: Second. MR. HENRICKS: A little more clarity on what part of 516.4 you're amending. MS. KIMBALL: We are amending Section 5-5-5(c). The decision on the request for a permit deadline extension will be sent within 30 days of receipt of the request. So, amending 7 to 30. Motion to Amend: Ms. Kimball moved to amend Subsection (c) of Comm. 516.4 by changing 7 days to 30 days. Seconded by Ms. Lee Loy. ACTING CHR KIERKIEWICZ: Any discussion on the amendment to the communication? Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. Just before we vote on this, because I thought I heard Mr. Pause do some interesting mental math and say halfway between 7 and 30 is 21. I haven't figured that out yet. Can we go less than 30, Director? Can we do 21? I want to make sure—if they come in—let's say they come in 31 days before it's going to expire. MR. PAUSE: Well,part of my logic, which I didn't share with you, was that if they wait until the last minute and they submit 30 days out, then the 21 days still gives us time to make a decision within that 30-day time frame. I'm comfortable with the 30 that is being proposed. And I guess I went out on a limb, and I'm challenging my staff and saying that we could live with 21. Either way we're good. Page 82 Hawaii County Council-25 November 1,2023 MR. KANEALI`I-KLEINFELDER: I like 21. It's three weeks. If someone placed an order for lilikoi butter and I couldn't fulfill it in three weeks, I'd shoot myself. I have to set a deadline for myself: "Two days, I will get your order out in the mail." That's what I do. And I try and do that. I do my best. Okay, so with that, the amendment is to move it to 30 days; I would prefer to see 21. That's what I'm going to state right now. ACTING CHR KIERKIEWICZ: Thank you. Council Member Galimba. MS. GALIMBA: Thank you, Chair. Just a question. So if we don't get it out within 30 or 21 days, then what happens? They automatically get an extension or—maybe I don't know—maybe there's because I haven't read the entire Chapter 5. So there may be some place in there that addresses it. So I'm just wondering. MR. PAUSE: We have other areas of the Code where—and maybe penalty is the wrong—we're not punishing ourselves. But we have other areas where we are required to do things within certain time frames. One of the ones that comes to mind is if somebody submits a permit application and they've got a pre-approved design, we have six days to review that application. So there are other things in the Code that require us to do things, but in this particular case, like the others that I'm familiar with, there's no consequences. But on the other hand, it's in the Code. So our staff will take things that have deadlines very seriously. I would be remiss to think that we wouldn't be able to accomplish that. MS. GALIMBA: Thanks. Any thoughts, Malia? Being a legal person, you might have perspective. MS. KEKAL This is my opinion. It might not be Steve's opinion. I just want to make that clear. I don't think that it triggers automatic approval, but I honestly don't I wouldn't be opposed to that in the sense that like if somebody really needs the 180 days, they've come in, they've done what they're supposed to do, and we miss the deadline, I don't know that that's what this says in this bill. But I feel like that would probably be the fair thing to do, give them that extra 180 days and hopefully they can finish their project within that time frame. But I'll defer to Steve if he has a different opinion. MS. GALIMBA: Do you have a different opinion? MR. PAUSE: Before I share my opinion—and again I apologize. I'm on a different island, and we weren't able to huddle up on this. Julann, did you have some thoughts one way or the other? MS. SONOMURA: Gee, thanks, Steve. Hearing this for the first time, it's a good point; what is the consequence if we cannot meet the deadline? And down at my level, when I look at these things, I'm wondering is it possible? Can the Page 83 Hawaii County Council-25 November 1,2023 staff deliver on this? Then it comes down to how much staff do we have. Will we be before you asking for more permit clerks to enable us to do this research and what we need? So the responsible action, if you are substantially complete, meaning that if you've had six years, are you substantially complete? And for those who are diligently working toward that goal, and just to have someone by a default because we have a deadline set two-and-a-half years earlier that said we can make it, and by default you get it, I think it's getting far from the intent of the bill, is to have our construction and our new buildings to current Code. So it's kind of double edged on that. In one way, I see what you're saying, that there should be a penalty. But on the flip side, deadlines and expirations are meant to encourage the outcome, the prompt building to current Code. So my personal opinion—can I have one?would be to not grant automatic extensions. MS. KEKAL Sorry,just add one more thing: I think what we also have here is a good opportunity to adopt admin rules through this whole process. And I think that's probably what needs to be done to also just vet out this situation and make it clear. I think instead of having to do all this background work that we do now and dig through files, if we can lay out exactly what we need from the applicant, or the permittee, I should say at this point, of like just show us exactly how much you've completed, and then exactly how much time you need to finish your project. That way, we won't be digging through things to figure out if you're substantially complete or not. It should be in your request, right. So I think once we can lay that framework and figure out exactly what those documents are, exactly what that information is that we need to make a decision, then maybe this time frame can shrink to 7, 14 days, instead of us having to dig through all the things. So that might be the answer to all of this, is just a good set of admin rules. MS. GALIMBA: Thanks. Yeah. I mean, I think we are getting into the weeds in some sense. But I've also, I mean even in my short time on Council, have had folks email me, and that's all of these complicated things that happened: "And the department did this, and then I did that." And you're like, "Oh, my God. What a mess!" I mean it's not hypothetical at all, really, in a way. I just wanted to get some clarity on it since we're talking about 21 and 30 and(inaudible). So perhaps maybe something more in the admin rules, anyway. But we do have this in front of us, so I guess we will be making the decision one way or the other. A little bit of latitude. I kind of wanted to—we are talking about back and forth, and I just wanted to ask about sort of in the context of the bill. As a whole, is there a back and forth built in already so when you hit"submit," is there something that bounces back immediately from EPIC saying, "We got your Page 84 Hawaii County Council-25 November 1,2023 application"? Or if it moves, if it passes through intake and passes that initial screening of is it the right TMK, etcetera, is there something that comes back at that point? MS. SONOMURA: We're working on refining the permit status report. So, in the past, the permit status would just say, "in review," and the applicant doesn't know is he in intake, plan review, or out-processing. So these further definitions of the status can be seen by the permittee, and it also helps us to manage the workflow. COUNCIL MEMBER: (Inaudible.) MS. SONOMURA: I'm not sure if it's currently automated to that level when it goes to the next job. But our goal is to be able to manage and communicate better, so it's something we probably could do. But right now, we're just I don't-26 permit types, whatever, you know, each one and trying to catch and give that definition. So it's all part of the refinement. MS. GALIMBA: Thanks. Yeah. And I guess a lot—at least the last project that I was involved, it was through HPM (HPM Building Supply). And so then there's almost like a double layer there of your asking your HPM person, like, "Where are we?" So I think, like what you're talking about, if there's more back and forth, then a lot of the concerns I think that I was having about some of the ideas in here definitely goes away, and yeah. Go ahead. You want to say something? MS. SONOMURA: If you were doing this as an owner, in the past they were not required. Applicants were not required to have an owner as a contact. And many times they'll put in a name and no email address. So when the notifications do go out—"You need to pay your permit fee"; "You need to submit this"the owners were not receiving that. So we have since made it a requirement to have the owner listed as a contact so they all receive the emails and notifications. So hopefully that will help. MS. GALIMBA: Okay, thank you. I yield. ACTING CHR KIERKIEWICZ: Okay. Just a reminder that we're on the amendment related to amending this communication from 7 to 30 days in which the department has to issue a decision on request for extension. Council Member Kimball. MS. KIMBALL: Thank you. On the amendment to the amendment. Very salient point, Council Member Galimba, that there should be something that happens. I would concur that this is probably not a scenario where we want an automatic six- month extension. Page 85 Hawaii County Council-25 November 1,2023 What I might suggest, and this is a conversation we can have later on, is that if the request for extension has been submitted and acknowledged that it has been received, the department would have 30 days. However, if they don't reply within the 30 days, the permit remains open until there's a decision. And so it would not be a fixed(inaudible)time, but the permit wouldn't actually expire until a decision came from the permit just what I'm thinking here on the floor. So that can be a second amendment that we can add. That would be my recommendation it looks like. I'm getting affirmatives in the room. I don't know what you think about that, Director Pause, but we can work that out for next time. MR. PAUSE: Yeah, I would agree with that, Council Member Kimball. And as long as, from a process standpoint, we don't, you know, coming up with another amendment doesn't slow us down, we'd be more than happy to work with you and Council Member Lee Loy and anyone else to try to get the words right. Thank you. ACTING CHR KIERKIEWICZ: Thank you. Anything else? Council Member Kagiwada. MS. KAGIWADA: Thank you. Just quickly. I like the symmetry here, the 30 days. We're saying at least 30 days before your permit runs out, you have to submit, and then the County has 30 days. To me, it makes a lot of sense as far as just the public looking at it: "Okay, I've got to get it in by then in order to get the answer before the permit runs out." Just simple as that. Thanks. ACTING CHR KIERKIEWICZ: Thank you. Anything else? Malia, I love admin rules. I think it helps provide a little bit more clarity, where we don't need to get into the weeds within the Code. And that's also a place where the public can weigh in on the actual process, the forms, the questions that you're going to be developing that they have to fill out. So I think that's a good forum for them to kind of get a taste of what you're thinking about, weigh in, before it becomes final. You also might consider mandating within the rules when they need to submit the request by. Yes, the Code says at least 30, but within your rules you could say at least before 60 days, before it runs out. I'm just thinking we don't want there to be this pressure at the very end to have you folks make a decision. Okay. We've got a motion on the floor to amend the amendment. So we'll take that first. All those in favor, please say "aye." Page 86 Hawaii County Council-25 November 1,2023 Vote on Motion to The motion to amend Subsection (c) of Comm. 516.4 by Amend: changing 7 days to 30 days was carried by the following (Approved) voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Lee Loy, and Acting Chair Kierkiewicz—6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. ACTING CHR KIERKIEWICZ: Mr. Clerk, I'm going to go back to the main amendment, okay. The main amendment to amend Bill 84 with the contents of the amended Communication 516.4. All those in favor, please say "aye." Vote on Motion to The motion to amend Bill 84 with the contents of Amend: Comm. 516.4, as amended, was carried by the following (Approved) voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Lee Loy, and Acting Chair Kierkiewicz—6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas —3. Excused: None. ACTING CHR KIERKIEWICZ: Back to the main motion. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. Looking at"Section 5-5-4, Expiration": "If a permit expires prior to work being completed . . . ." "Work being completed," I understand what that means. Is that clear enough for the department, or does that need to say, "before the permit is approved or finaled"? Is "work being completed"meaning that the contractor's done and we know it's completed; we give him a thumbs-up? Or do you want more of a definitive term there? MR. PAUSE: I think our definition of"completed" means that you've gotten your final inspection or, in the case of a non-res, you've got your certificate of occupancy. I think those are pretty well established as what constitutes completing a permit. Page 87 Hawaii County Council-25 November 1,2023 MR. KANEALI`I-KLEINFELDER: Okay, thank you. So you have a definition for that. Because, I understand what this means, but I, yeah, I was kind of wondering if we needed to be more clear. No, okay. I yield, Chair. ACTING CHR KIERKIEWICZ: Thank you. Anyone else? Council Member Kimball. MS. KIMBALL: Yeah, I just wanted to answer Council Member Kaneali`i- Kleinfelder's earlier question about the purpose of the bill, and then Director Pause talked a little bit about that. But there was one other element, and I want to highlight it again, which is taking out a lot of the discretionary wording. These things are—for example, 180 days. It's automatic. There's no need for a justification. I think the confusion to the public has been in the past that there are these things that are somewhat arbitrary in nature, dependent on who happens to be in the room at the time. And we wanted to just make this very crystal clear, making it dependable, as Deputy said. So that's part of this too. "Simplicity," "clarity," and "definitive" I think would be adjectives I would use to describe this particular bill and its intention. Thank you. ACTING CHR KIERKIEWICZ: Thank you. Anyone else? If I could add to that because those are actually things I wrote on here: simplify, streamline, clarify, don't operate in shades of gray. Because we want, at the end of the day, a Code that is reliable, consistent, but also, most importantly, fair for everyone. A lot of folks feeling as if, "You know what, this is not working for me. Others are getting special treatment." But I think this ensures that everybody that is accessing this process, it's equitable. Okay. Seeing as there are no other comments or questions on Bill 84, as amended, we will take a vote to forward this on to second reading. All those in favor, please say "aye." Vote on Bill 84: The motion to pass Bill 84, as amended to Draft 2, on first Draft 2 reading and adopt Policy Committee on Planning, Land (Approved) Use, and Development Report No. 6 was carried by the following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Lee Loy, and Acting Chair Kierkiewicz–6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas –3. Excused: None. Page 88 Hawai`i County Council-25 November 1,2023 ORDER OF The Acting Chair directed the Council to proceed to the next order of business, THE DAY Order of the Day (Second or Final Reading). (SECOND OR FINAL READING): (Note: Items in this category were taken up previously, out of order.) REFERRALS FOR The Acting Chair directed the Council to proceed to the next order of business, EXECUTIVE Referrals for Executive Session. SESSION: (Note: Items in this category were taken up previously, out of order.) OTHER The Acting Chair directed the Council to proceed to the next order of business, BUSINESS: Other Business. (There were none.) ANNOUNCE- The Acting Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) ADJOURN- There being no further business, at 1:16 p.m., Ms. Kimball moved to adjourn the MENT: meeting. Seconded by Mr. Kaneali`i-Kleinfelder and carried by the following voice vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Lee Loy, and Acting Chair Kierkiewicz—6. Noes: None. Absent: Council Members Evans, Inaba, and Villegas— 3. Excused: None. MS. LEE LOY: Thank you, Steve. MR. PAUSE: Mahalo. ACTING CHR. KIERKIEWICZ: We are adjourned at 1:16 p.m. Thank you, everyone. Take care. Council Approval: DEC Q 6 2023 \ Ak COUNTY CLERK JH/dg Page 89