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HomeMy WebLinkAboutMIN COUNCIL 2023-11-15 2022-2024 Hawaii County Council 261h Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii November 15, 2023 INVOCATION: Senior Pastor Sunny Ahn of Kona United Methodist Church gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:00 a.m., in the Council Chambers, Kailua-Kona, by Ms. Heather L. Kimball, Chair. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following item was taken out of order: 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.) Return to Order The Chair directed the Council to return to the order of business. of Business: ROLL CALL: Present: Ms. Heather L. Kimball, Chair Mr. Holeka Goro Inaba, Vice Chair Ms. Cindy Evans, Member Ms. Jenn Kagiwada, Member Mr. Matt Kaneali`i-Kleinfelder, Member (came in later) Ms. Ashley L. Kierkiewicz, Member Ms. Rebecca Villegas, Member Absent& Excused: Ms. Michelle M. Galimba, Member Ms. Susan L. K. Lee Loy, Member 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 (Note: At this time, Mr. Inaba presented the November 2023 Haweo Award to EXPRESSIONS OF Fire Medical Specialist H Gavin DeMello of the Hawaii Fire Department.) CONDOLENCE: Hawaii County Council-26 November 15,2023 Recess: At 9:11 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:13 a.m. (Note: At this time and on behalf of the Council, Chair Kimball offered condolences to the family of Captain Steve Grasso, from the Waiki`i Volunteer Fire Station, who recently passed away.) 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: Thomas Brennon: Res. 330-23 (Comm. 559), in support. Timothy Rowan: Res. 357-23 (Comm. 591), in support. (representing Malama O Puna) Greg Owen: Res. 330-23 (Comm. 559), in support. Jon Olson: Res. 333-23 (Comm. 565), in support. Susie Osborne: Res. 330-23 (Comm. 559), in support. Eileen O'Hara: Res. 357-23 (Comm. 591), in support. (representing Malama O Puna) Janice Palma-Glennie: Bill 83 (Comm. 498), comment. Claudia Rohr: Comm. 323.2, comment. Keone Kalawe: Res. 330-23 (Comm. 559), in support. APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Page 2 Hawaii County Council-26 November 15,2023 Vote on Approval Mr. Inaba moved to approve the Minutes of October 18, of Minutes: 2023. Seconded by Ms. Villegas and carried by the (Approved) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. Comm. 323.2: REPORT OF ATTENDANCE OF COUNCIL MEMBERS EVANS, INABA, KIMBALL, AND VILLEGAS AT THE 2023 WEST HAWAII DISABILITY COUNTY COUNCIL LEGISLATIVE FORUM HELD AT THE MAKA`EO PAVILION ON OCTOBER 19, 2023, PURSUANT TO HAWAII REVISED STATUTES SECTION 92-2.5(e) From Council Member Holeka Goro Inaba, dated October 27, 2023. Motion to Close Mr. Inaba moved to close file on Comm. 323.2. Seconded File: by Ms. Villegas. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: As explained, when the Clerk read it in, Council Members Villegas, Kimball, Evans, and myself participated in this forum at Maka`eo discussing transportation accessibility, shortage of housing specifically to those with disabilities. So just reporting our attendance and that that discussion did occur. Thank you. CHR. KIMBALL: Thank you, Vice Chair Inaba. Council Member Villegas. MS. VILLEGAS: Just to clarify anything with the testifier, this communication is the only communication that would be in existence. It's generated by anytime more than two Council Members attend a public forum or anything having to do with an issue that may end up in front of us here in Council. So I just wanted to acknowledge the concerns expressed by the testifier, but clarify why she wasn't able to find another communication. Our attendance to this forum was not related to a prior Council agenda item or communication. This is the communication expressing and making sure with full disclosure and transparency that everyone knows whenever there are more than two of us in one place. With that I yield. CHR. KIMBALL: Thank you, Council Member Villegas. Anyone else? Council Member Evans. Page 3 Hawaii County Council-26 November 15,2023 MS. EVANS: Thank you. I just want to make it a record what a great event it was. And the four members that attended, which were Villegas, Evans, Kimball, and Inaba, we were invited to sit on a panel. There were also State-elected officials and they had great questions. It was informative. They asked us questions and it was very nice. So I'm glad we were invited, and they will, I believe, do this annually. So thank you. CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? I'll just take a moment to also add in response to the testifier's comments. Our meetings are closed captioned on the Granicus site, which you can access through the County Council website. We do not do the closed caption on Zoom because it is not as reliable as the closed captioning that we have through the Granicus site. So I encourage anyone who has hearing issues to utilize that location to watch the video recording for the closed captioning service. With that, we will proceed to the vote on closing file on Communication 323.2. Any further discussion? All those in favor, please say "aye." Vote on The motion to close file on Comm. 323.2 was carried by Comm. 323.2: the following voice vote: Filed Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 317-23: APPROVES THE ESTABLISHMENT OF A SISTER CITY RELATIONSHIP BETWEEN THE COUNTY OF HAWAII AND HATSUKAICHI, HIROSHIMA PREFECTURE, JAPAN, AND AUTHORIZES THE MAYOR OF THE COUNTY OF HAWAII TO ENTER INTO A FORMAL SIGNED AGREEMENT Authorizes the Mayor to formally establish this sister-city relationship, pursuant to Section 2-165 of the Hawaii County Code. Reference: Comm. 542 Intr. by: Ms. Kimball and Mr. Inaba Approve: GOEAC-80 Motion to Approve: Mr. Inaba moved to adopt Res. 317-23 and Governmental Operations and External Affairs Committee Report No. 80. Seconded by Ms. Villegas. CHR. KIMBALL: Vice Chair Inaba. Page 4 Hawaii County Council-26 November 15,2023 MR. INABA: Thank you. Council Members Evans, Villegas, and myself were absent at the last hearing of this resolution, but we were in Japan, in Tokyo, and got the opportunity to meet with some of our sister-city relationships in Japan, some who were nearby in Tokyo and some who flew some hours to be there. Ask for your continued support, especially with the historical ties that most Hawaii Japanese have to Hiroshima. The more we're able to bridge these connections, especially with our Youth Commission that was recently established, I think the better we are preparing our youth to have global minds to be well connected, not just within Hawaii but across the globe. So I ask for everyone's support. Mahalo. CHR. KIMBALL: Thank you. Council Member Villegas. MS. VILLEGAS: I'm honored and grateful to be able to cast my vote in support of this resolution. The trip to Japan was my first time going to Japan, and wow! It was educational and life-changing in many ways. When my husband and I, having been born and raised here in Hawaii and being fifth generation, being very familiar with the Hawaiian connection with the Japanese culture and having so many classmates and friends of lineal descent from Japan, it connected a lot of things for me. And the richness of the culture and the heritage, the respect, the honor, and the value. So I came back humbled and deeply grateful for all the relationships that have been nurtured over the years, and excited to continue and just have this opportunity in this role to support the perpetuation of those relationships and those ties that bind as we move into a world so fast, so fleeting, and too often disconnected from cultural heritage and legacy. I see priceless value in supporting the perpetuation of these relationships. And so, yeah, humbly support this today. CHR. KIMBALL: Thank you, Council Member Villegas. Anyone else? Council Member Evans. MS. EVANS: I guess I(inaudible) one of the trio that went. I come fromI never understood sister city. I never quite got it; what does it mean sister-city relationship? So this really opened up my eyes of what it means, that when you have a mayor and a county council and a city who's decided that they want to have this ongoing agreement. And it goes to their students from their schools come over here, and I don't know how long they come, but we have students that go over there. So they have the student exchange. They have these events in their hometown that acknowledges the aloha of Hawaii, and they perpetuate hula and our music and the sharing of that. And they love to bring it to their city and to share that with their citizens, and vice Page 5 Hawaii County Council-26 November 15,2023 versa. They can bring their culture to us and participate; if anyone hasn't been to the Cherry Blossom Festival. In Waimea in February, you understand that bringing the culture and perpetuating this conversation between us. It was pretty impressive actually. I was very surprised how much effort the mayors and the council had in trying to really keep upfront in their own community what Hawaii is about and what our culture is about. So I can really see the benefit. Like I said, I never really understood it, but now I think I get it. It's really nice. And I know that we have sister city with the Philippines and some other countries. It would be interesting to see as we explore more sister-city relationships. Thank you. I yield. CHR. KIMBALL: Thank you, Council Member Evans. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I'm excited to see another sister-city relationship, especially with Japan. Having been to many of our sister cities in Japan without other County folks, it's amazing, the hospitality that's provided and also the learning experience when you're not just visiting, but you're visiting and you're being encompassed into the culture by folks there. Totally different experience and absolutely amazing. I need to point out: In high school, required reading was a book,Hiroshima. And having visited a shrine in my previous visit—this would have been about five, ten years agoI remember visiting a shrine near Shinagawa or Tokyo. And the shrine was dedicated to holding a flame from the town of Hiroshima, and it was to represent everything that had been lost in that moment; and to hold that flame so people could identify that this had happened. This was a great wrong, to me, that was done in the world at that time for whatever reasons. And you walk into that temple and it's extremely sad. It doesn't carry a light of positivity. But the note that is written is to remember that moment and to remember that flame, that that signifies for us how to get better and how to lead a more positive existence and not go back to being that way again. And so to see us joining into a sister-city relationship with the town in Hiroshima means that we are moving in that direction. So I say that for the Council that this is exciting to see this relationship bonded between Hawaii and this particular city, Hatsukaichi. But more so, it begins to undo the wrongs of the past and that's beautiful. On a lighter note, it's just always exciting to see us move in this direction. And really excited to hear the stories that came back from our Council Members who went to visit, and I look forward to visiting in the future. And just good to see this happening within our two counties. Page 6 Hawaii County Council-26 November 15,2023 When I go, it's always interesting. When you say you're from the U. S. (United States), they look at you like, "Oh." But if you say, "I'm from Hawai`i,"they go, "Ohhh" and then they want to talk to you. It's a totally different experience. If I say, "Hey, I'm from California,"they go "Mm, gaijin." But if you say, "I'm from Hawai`i,"totally different response from the folks. That just signifies how incredible the bond is between Hawaii specifically, Hawaii and Japan. So, totally support the resolution. Thank you. CHR. KIMBALL: Thank you, Council Member. Anyone else? We do have our sister-city protocol officer here, Jane Clement. Did you want to say anything in addition on this resolution before we proceed to the vote? (Note: At this time, Executive Assistant to the Mayor Jane Clement came forward to address the members of the Council.) MS. CLEMENT: Good morning, Council Chair and Council Members. Thank you for having me. I just want to say thank you for your support of this sister-city relationship, or the establishment of this sister-city relationship. And, Council Member Evans, thank you for acknowledging the importance of a sister-city program. And, Council Member Kaneali`i-Kleinfelder, I feel you. Every time we go to Japan—I've been to Japan a couple times now—every time we go, the reception that we get is absolutely amazing. They love Hawaii. They practice our culture over there. Our sister cities have hula festivals. They wear aloha shirts to work. There are 2 million hula dancers in Japan; that's more people than we have here in the entire State of Hawaii. So that's how much they love our culture. They do want to come here, and they do want to promote our culture, and vice versa. We promote their culture over here as well. And just kind of want to remind everybody that the premise of a sister-city program, this really started immediately after World War II, and it's to promote peace to prevent another world war. And with everything that's going on in the world right now, it's never more important to foster these relationships, deepen these relationships. So thank you for your support. CHR. KIMBALL: Thank you so much. Anyone else? All right, with that we'll proceed to the vote. All those in favor,please say "aye." Page 7 Hawaii County Council-26 November 15,2023 Vote on Res. 317-23: The motion to adopt Res. 317-23 and Governmental (Adopted) Operations and External Affairs Committee Report No. 80 was carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order: Res. 330-23: STRONGLY URGES PROTECTION OF IWI KUPUNA AT KUMUKAHI AND COLLECTIVE ACTION TO PRESERVE AND MANAGE CULTURAL AND NATURAL RESOURCES OF KUMUKAHI Seeks to preserve and protect this site by limiting exposure to burial sites and cultural features. Reference: Comm. 559 Intr. by: Ms. Kierkiewicz Approve: GOEAC-82 Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 330-23 and Governmental Operations and External Affairs Committee Report No. 82. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. First, I want to just thank `Anakala Keone for coming all the way from Kumukahi to be here and to show support. He is one of two lineal descendants along with `Anakala Keiki and other community members that I worked with to craft this resolution. So thank you so much for your diligence and your collaboration. What does this resolution mean? We pass resolutions all the time as a Council, and they are a symbolic gesture. But I think, in this particular case, it is a promise that the County is still focused on helping the community recover five years after the eruption. And it is a commitment by County, community, and, most importantly, lineal descendants as well as agencies from the State DLNR (Department of Land and Natural Resources) and OHA (Office of Hawaiian Affairs) to come together and to do the right thing in terms of natural resource and cultural resource preservation. Page 8 Hawaii County Council-26 November 15,2023 I am so sorry that iwi kupuna still need to be reinterned. And when I see some of the behaviors that are happening in that area, in an area that is so sacred and so special. Kumukahi is the first place in all of Hawaii where the sun greets the islands. It is a wahi pana. It is a pu`uhonua. It is a place of learning and where we seek refuge and well-being. And so, to just see the desecration that is happening really breaks one's heart and soul. And this resolution is designed to elevate the work that has been happening over the last few years for the County. We really don't have any land interest in the area,but I think what we're doing with the recovery process is finding a way to address long-standing challenges like this so that we can move forward as one community that is healed. And so after the introduction of this resolution at Committee, OHA reached out, and we were able to talk story about ways in which they can support our community in its healing process, and be part of helping to support community and empower community in their effort to take care of this `aina. I've also been able to talk to our Hawaii Island board member on the Board of Land and Land Natural Resources, Riley Smith. He's all in, too, and will continue to show support through Administrator Chang at DLNR for our community. So just looking for everyone's support. The conversations are happening but I think this is a real important token for community to see that Puna hasn't been forgotten, that despite everything that's happening in our community, across the State, around the world, that we still have plenty heart and aloha for Puna, and we are working hard to solve these challenges. Thank you, Chair. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Mr. Kalawe, I think I've spoken to you in the past. It's good to see you here. I'm guessing you drove from Puna today to be here in Kona to represent for this resolution because that is how important this is to you. Okay. Thank you for saying that. Thank you for making that drive. I'll be supporting this resolution today. And what I take away from this resolution is there have been wrongs in the past that need to be addressed. The most important thing to me here is that we're calling out the Planning Department. Because when we start looking at zoning and we start discussing land use and we look at the way we're going to address the community's concerns, that department needs to hear what the community wants when we start guiding legislation. And so lean on this in the future. Reference this resolution in the future when we see things that are incorrect and hold us accountable, okay. Thank you. I yield, Chair. Page 9 Hawaii County Council-26 November 15,2023 CHR. KIMBALL: Thank you, Council Member. Council Member Evans. MS. EVANS: Is there anyone from the Planning Department here or online? What I'm seeing is that the County Planning Department is kind of the convener, the way you've written the resolution, and I just want to make sure the County Planning Department has the resources that they need to make sure this continues. We're going to be entering soon into talking with the Mayor and his leadership team on the next budget cycle, and I see what you're doing here is so critical to these amazing, important areas that we have on our island. For example, I was thinking Waipi`o Valley and how that community really has been working together. This is really important that we work on this, and I think we've got to make sure that we have the resources. And it looks like the Planning Department is the lead. I'm welcome to hear your comments on that since we don't have the Planning Department. MS. KIERKIEWICZ: Chair, can I respond to Council Member Evans? CHR. KIMBALL: Go ahead. MS. KIERKIEWICZ: Thank you. You're absolutely right. Planning Department serves as a convener bringing community, State partners, various landowners together to have the conversations we started in COVID (coronavirus disease). We started in COVID. So these conversations have been happening for three years now. You talk about resources. Really, Planning is providing the thought leadership and bringing stakeholders together. Resources are going to come from geothermal royalties. The County gets a share. OHA gets a share. DLNR gets a share. Right now, our County is the only one that has rules prescribed for how we use those monies to benefit community. There's a community benefits package. There's also a relocation program. There is no program that guides how OHA or DLNR use those monies to benefit the community that is impacted by geothermal. So there are resources out there. It's just a matter of getting everybody together and identifying what can we all contribute. It's not putting all of the kuleana on the back of one individual or organization. It's making sure that we share the load, and we're leaning into our areas of expertise. And at the end of the day, we're empowering lineal descendants. We're empowering community in-profits like H6`ola Lahui to continue to do this work because we cycle in and out of these chairs. There are leadership changes all the time. Who's left? Community. So we want to make sure the framework, the resources are in place. I think they are. This resolution continues to press the urgency for everyone to get together and collaborate on this. I hope that's helpful. I texted someone in Recovery to see if they're able to chime in. Recovery is under the Planning Department. Page 10 Hawaii County Council-26 November 15,2023 MS. EVANS: Got it. Okay. I just think it's important and I do hopeI remember this, but I think, during the budget cycle, we need to really bring up this discussion about the Planning Department making sure whatever division and resources there are to lead these types of efforts, that we support that. But thank you. I yield. CHR. KIMBALL: Thank you, Council Member Evans. Any further discussion? Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. Just in full support of this. Thank you so much for putting it forward. I think the plan to really work with State organizations makes a lot of sense. Obviously, we can't fully fund everything, and if there is money that is being extracted from the community, it seems like it should go back into the community. So I'm fully supportive of looking at that. What has been the State involvement so far? Have they been—may I ask, have they been attending the meetings already? MS. KIERKIEWICZ: Chair? CHR. KIMBALL: Briefly, you may respond. MS. KIERKIEWICZ: Yes, they have been attending. I think that there's an opportunity to step up and do a little bit more, but again, they need to assess what their internal capacity is and where's their best position to support the effort. MS. KAGIWADA: Okay. Well, I'm fully supportive and I'll look forward to seeing how this unfolds, because I think a process like this could be used in other places potentially. Thank you. Thank you, Chair. CHR. KIMBALL: Thank you, Council Member Kagiwada. Returning to Council Member Kierkiewicz. MS. KIERKIEWICZ: Chair,just a little latitude. I see one of my constituents, Diga Kern, who lives in the Koae area and has been a partner in putting this resolution together. Just want to give him a very brief opportunity to maybe just speak to some of the issues that the community faces as relates to this resolution. Diga, you want to share for a couple of minutes? (Note: At this time, Diga Kern, a member of the public, came forward to provide testimony.) MS. KIERKIEWICZ: Thank you, Chair, for the latitude. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else? Council Member Inaba. Page 11 Hawaii County Council-26 November 15,2023 MR. INABA: Just very quickly. Do want to extend my support and my mahalo to you, Council Member Kierkiewicz, for bringing this forward. My own `ohana comes from Puna. So we all have our wahi, our place, and thank you to those who drove from very far away today to be here to represent not just your community but your kupuna as well. Mahalo. CHR. KIMBALL: Thank you, Vice Chair Inaba. Anyone else? Council Member Kierkiewicz, did we get a reply from Planning? I'm willing to entertain tabling this if we think it's critical to have their input or just proceed. MS. KIERKIEWICZ: I think if there are follow-up questions, Council Member Evans is welcome to engage Planning Director, but he's in a Land Use Commission meeting. And so I don't know how long that's going to take. I hope my answer was satisfactory. Thank you. MS. EVANS: Thank you, Chair, for asking. I can talk to him about it. I'll put it on my list. CHR. KIMBALL: Great. MS. EVANS: My list is growing. Yes, thank you. CHR. KIMBALL: All right. Very good. We will go ahead with the vote then. All those in favor of adopting Resolution 330-23,please say "aye." Vote on Res. 330-23: The motion to adopt Res. 330-23 and Governmental (Adopted) Operations and External Affairs Committee Report No. 82 was carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Res. 333-23: STRONGLY URGES THE OFFICE OF THE MAYOR TO INCREASE CAPACITY AND FUNDING FOR THE HAWAII FIRE DEPARTMENT TO PROACTIVELY MITIGATE THE POTENTIAL IMPACTS OF WILDFIRES Reference: Comm. 565 Intr. by: Ms. Kierkiewicz Approve: GOEAC-83 Page 12 Hawaii County Council-26 November 15,2023 (Note: Comm. 565.5, from Council Member Ashley L. Kierkiewicz dated November 15, 2023, transmitting proposed amendments to Res. 333-23, was circulated.) Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 333-23 and Governmental Operations and External Affairs Committee Report No. 83. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kierkiewicz, have you caught your breath? MS. KIERKIEWICZ: Thank you. Thank you for that, Chair. A few of my colleagues weren't here at the last Committee hearing where we initially introduced this measure, but Maui has been on our minds and our preparedness as a community. And we've experienced a number of fires in recent years;just this week, Pohakuloa. And so it's thinking about how we make sure our communities are prepared, but that we are supporting our frontline responders, our firefighters, who answer the call of duty day in and day out, more frequently really in recent years and much more frequently in the years to come. Making sure that they have everything that they need to respond effectively and safely. So it's making sure that we're supporting our career personnel. There's also discussion about the role that our volunteer firefighter program plays. I think that there's a lot that folks can do in that capacity to support community outreach prevention. But if they're going to be answering to calls to suppress fires, making sure that they are equipped so that they don't inadvertently become liabilities in that process. That being said, before we kind of talk globally about the resolution, I did want to introduce an amendment to the resolution. Chair, if I might? Motion to Amend: Ms. Kierkiewicz moved to amend Res. 333-23 with the contents of Comm. 565.5. Seconded by Mr. Inaba. CHR. KIMBALL: Go ahead on the amendment, Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. This is in response to some community members who called a little concerned: "Are you trying to get rid of the volunteer program?" No. I'm not. But we really need to do a strategic assessment about what the most appropriate role is. There was a very recent situation where a volunteer did get hurt, and now the County is having to face a lawsuit because of that. And so, in order to make sure that we are mitigating risks and liabilities, we just have to make sure what the appropriate goal is for our volunteers. And if it's something that we're going to commit to, we cannot commit to things halfway. Whatever we do, we have to do it a hundred percent, and we have to make sure that there are plans in place. Page 13 Hawaii County Council-26 November 15,2023 And so this amendment was done in partnership with Council Member Galimba's office. She has a number of volunteer stations in her community, but it just elevates the fact that there are roles that our volunteers can play. I think, really, one of the most helpful things they can do is to be out there advocating for fire risk education and community preparedness. The more that we can do on the prevention side, the better prepared we are going to be in the event of a fire. So, happy to answer any questions folks might have. I also have Fire Two here to speak to the merits of this resolution, this amendment, and answer questions my colleagues might have. Thank you, Chair. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Okay, so on the amendment, Council Member Evans. MS. EVANS: In strong support of the amendment. I like that you've rewritten this `BE IT FURTHER RESOLVED," and added a little more specifics to it. I think that'll be really important. This particular`BE IT RESOLVED" is about a strategic assessment of the volunteer firefighter program. And the language change is talking more about the details and I think having areally important, given that we'll be entering into our budget cycle here in the near future. So I like this language and thank you. I yield. CHR. KIMBALL: Thank you, Council Member Evans. Anyone else on the amendment? Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I didn't get a copy of the amendment but I read it. Rebecca was nice enough to give me her copy. Yeah, I did receive some concerned phone calls, and I have family members within the volunteer fire department as well. But the concerns that they raised were good. What I found in government is that when we ask for an assessment or we look for information, it's usually because we have a decision that we are pondering. That's pretty straightforward, that's logical. But it also raises the question for the community on why are we doing an assessment of the volunteer fire department, specifically their effectiveness and sustainability, with a subsequent recommendation regarding their feasibility and future? Because that does that's the original wording that does basically say, "We're looking at you because either we're going to keep you or not." I know what the volunteer fire department does, and I did hear about the incident that occurred. Regardless, the folks that volunteer are a tremendous asset for our community. And without them, we would be in trouble a lot of the time. We have a fairly large department. We have a huge island. We have a lot of obstacles in keeping our community safe. But I'm glad to see that an amendment was brought forward, but there were some serious questions raised that I think were well based, and ensuring that we're not trying to get rid of the volunteer fire department. That's important. So I'm glad we're recognizing that today. Page 14 Hawaii County Council-26 November 15,2023 But also that we recognize what training they already do. Because, from what I've understood, their training is very extensive so that they are not a liability. It's good that we're seeing this evolve, but I mean, the community was well based in their response to this resolution. So, to the maker, does the intent of your amendment further the idea that we're not looking to disband the volunteers? How is the intent different in the amendment versus the original writing? MS. KIERKIEWICZ: Chair, if I may respond? CHR. KIMBALL: Briefly, you may respond. MS. KIERKIEWICZ: Thank you. I wanted to make very abundantly clear at Committee, and I'm doing so again today, the intent is to not get rid of the volunteer fire program. I've spoken to the captains and the chief that runs this program. They want an assessment. They helped craft this resolution. They helped to develop the exhibit regarding volunteer fire program and what is needed to actually carry this out. So an assessment is something the department is asking for. There may be positions where we actually need to have career stations because there are more fires happening. And so I want to make sure the department is supported in their efforts to make that evaluation as to what is best to ensure all of our communities are safe. And if we're going to commit to having a volunteer program, making sure that it is outfitted so that folks are equipped to do their job and complement our career personnel. Thank you, Chair. MR. KANEALI`I-KLEINFELDER: Thank you for that, Chair. We have our I forgot your title, sir, but I do know you. I'm always careful to say the titles correctly because there's so many different levels of leadership within the departments, both Fire and Police. (Note: At this time, Deputy Fire Chief Eric Moller came forward to address the members of the Council.) MR. MOLLER: So it's Deputy Fire Chief. Basically, while Chief's out and about, I kind of cover for him while he's gone and offer him support and perspective from a different side. So we work very well together. I want to start by saying, from the Fire Department's standpoint, there is no year, or even the next 10 to 15 years, that we see that we wouldn't have volunteers. The reason is because they're integral for what we do. It is a huge island. We don't have enough personnel on the island. For the stations that we have right now, we're not staffed to the industry standard. And we're talking there's a gap that has to be filled. And the volunteers have been filling that gap for many years. Many people probably don't know this, but the original Fire Department on the island here was the volunteer department in Hilo. That's how the Fire Department started for us. So there's a strong tradition in where we were. Page 15 Hawaii County Council-26 November 15,2023 About 10, 15 years ago, the volunteers were brought under the umbrella of the career side of the Fire Department. It was kind of a slow walk on how the two came together and how we funded it and where we were. The lack that we have on the career side as far as training and as far as adequate and appropriate stations, the focus has always been basically on the career side and maintaining in trying to get the career side to where that really needs to be. And this is 10, 15 years ago, the population base, it's grown substantially, and we're still dealing with those staffing numbers from 15 years ago. There's been a lot of work in trying to make sure that the career firefighters that we have have the proper equipment, have the proper stations, and they're in areas that are appropriate for response in delivering services to the community. What's happened is the volunteers have come in, and there hasn't been a lot of focus and effort in maintaining and understanding exactly what that need is. That's what this request for the evaluation is about, is to truly identify what we're lacking in. So the career side right now is going through a risk assessment with a Standards of Cover through the contractor called AP Triton. They're going to be identifying a lot of things that, you know, the gaps that we have on the career side. What we want to do is make sure that we're spending the right amount of time in identifying the need on the volunteer side, correctly articulating what the mission is of the volunteers, and how do we properly equip them and, most importantly, how do we properly train them. We have two captains that do an amazing job in getting the training out, but there's different focuses of response depending on where we are on the island. West side, for instance, focuses a lot more on wildland response. In the Puna area, we have a lot more structural fires and car fires and stuff. So how do we properly identify those missions and then make sure that when we ask these volunteers to step up, that they're properly equipped, properly trained, and that they're working in a symbiotic relationship with the career side. So I appreciate the efforts that we're doing. And then from the administrative side, I know, from Chief and I, there's no vision we see in the foreseeable future where the volunteers would not be an integral part of our response. MR. KANEALI`I-KLEINFELDER: Thank you. Thank you for making that statement. There was a lot of concerned folks in the community and I appreciate that. And when I started getting questions about a resolution, I'm like, well, first of all, a resolution is a law but it's also more of an urge. And so these are things that the Council's going to agree to or not agree to that we think should be promoted as ideas. But this isn't going to erase the department. But, even then, the idea was still fresh in their minds, "Well, what are you guys trying to do then," and that's a great question. So thank you for that answer. Page 16 Hawaii County Council-26 November 15,2023 A follow-up question. Just so I understand, what kind of level of training do the volunteers get? Before you answer that, too, did you folks ask for an assessment? MR. MOLLER: Yes, not directly. Let me answer your second part first. MR. KANEALI`I-KLEINFELDER: Yeah, the first and second parts. MR. MOLLER: We've been looking at a way to evaluate the volunteers since 2021 when I was in. We identified early on with the new Administration under Chief Todd that there were needs that were not being met with the volunteer program. There was, I would say, an overarching program planned on how do we integrate the two services together. So this is something since 2021 that we were working on. And I think through direct and indirect meetings with various interests that we've been even looking at trying to put something together for the volunteer branch of the department. As far as the training, once again it depends on what the mission MR. KANEALI`I-KLEINFELDER: All right. So the MR. MOLLER: I'm sorry. MR. KANEALI`I-KLEINFELDER: The assessment was directly asked for from the department leadership to have an assessment of our volunteer program? MR. MOLLER: Are you talking about the assessment that is being proposed in the resolution, or are you saying the assessment in general? MR. KANEALI`I-KLEINFELDER: The one being proposed that the Council Member who brought this forward said that you requested. MR. MOLLER: I believe it was a conversation. I was not a part of that conversation, so I can't answer that without going back. I'll give you an answer to that, definitely. MR. KANEALI`I-KLEINFELDER: That's fine. I mean, we're in Council and I don't want to postpone this measure, but I would like to know whether it did or didn't happen. I'm learning that. So then, training-wise, because this was brought up by the department, by the volunteers, that their training is extensive, like hours of driving, hours of in-the- field practice. I mean, what are we looking at for these guys? Is the training inadequate at this time, in your thoughts or ? Page 17 Hawaii County Council-26 November 15,2023 MR. MOLLER: No, I don't, as well as the career side. What we have to do is work on the focus. And to get to that focus, we need to know what the mission is that we're asking. What are the missions that I think, like in the Puna District, that we CHR. KIMBALL: Chief, I'm going to just interrupt you a little bit. We are speaking on the amendment, and we've been kind of meandering a little bit. I've allowed it but I do want to keep us efficient. So let's stick to the amendment and whether it's an appropriate addition to the resolution before us, and then we can have a deeper dialogue about the resolution as a whole. So if we canI understand where you're going, but I think we've exceeded the bounds of the appropriate discussion on whether or not to amend. Thank you. MR. KANEALI`I-KLEINFELDER: So what the Chair is saying is we can touch on this after we do the amendment. But it is hard to discuss an amendment if you don't have the information (inaudible). Okay, with that I'll yield and I'll bring this up at a further time. Thank you. Thank you for your answers. CHR. KIMBALL: Council Member Villegas. Again, on the amendment,please. MS. VILLEGAS: I'll be supporting the amendment. I appreciate Council Member Kierkiewicz going back and clarifying to try and remove any perceived threat to our volunteer firefighter programs. When I look at how it relates as a small portion—well, I guess it's one of the five `BE IT FURTHER RESOLVEDs" in the resolution, but just to mitigate any misconceptions that this be part of any kind of threat for those programs. So I'll be supporting the amendment. And then I look forward to talking about the overall resolution and some of my experiences as far as some of the other things that are going on related to other reports. I yield. CHR. KIMBALL: Thank you, Council Member Villegas. Any further discussion on the amendment? Seeing none, all those in favor of amending Resolution 333-23 with the contents of Communication 565.5, please say "aye." Vote on Motion to The motion to amend Res. 333-23 with the contents of Amend: Comm. 565.5 was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball –7. Noes: None. Absent: Council Members Galimba and Lee Loy –2. Excused: None. Page 18 Hawaii County Council-26 November 15,2023 Vote on Motion to Mr. Inaba moved to suspend Council Rule 23 to waive the Suspend Council holdover for the substantive amendment of Res. 333-23. Rules: Seconded by Ms. Villegas and carried by the following (Approved) voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. CHR. KIMBALL: We are back to the discussion of the main motion. And again I'm just reminding folks to try to minimize the back-and-forth dialogue and stick to the motion on the table, which is approval of Resolution 333-23. Any discussion? Council Member Villegas, back to you. MS. VILLEGAS: Sure. Thank you, Eric, for your explanation and providing a lot of that background information and for the questions asked by Council Member Kaneali`i-Kleinfelder. I had the honor and privilege of talking to Mr. John Binaski earlier this week. He works for AP Triton. My understanding of what's been happening here is, and it was a few years ago that the auditor Mr. Benner brought to us at Council a recommendation that the Fire Department undergo an overall assessment, kind of a re-inventorying of everything. And I believe that Chief Todd had been very supportive of that, anxious for that to happen, and contributing any and all support possible to get us where we need to go, based on the actual facts and assessments of all of our Fire Departments. So I hope that helps clarify that that was kind of part of the history of this overall assessment. And in speaking with Mr. Binaski this week, one of the things we touched on was the volunteer firefighter programs and their facilities and the equipment that they have and do they have enough. Or do some of the things, pieces of equipment, that are stored there in one facility, would they be more useful more regularly in another? So everything's out on the table and being talked about, which I appreciate. And having gone to an event to honor the volunteer firewoman who fell into the hole in Ka`u and was severely burned, and everything she sacrificed, you know, the need to inventory, could something have been done better? Would there have been more resources for her? All those different things. So, when it comes to the overall nature of this, not to mention the dozens of emails I am getting from people on the daily for wildfire assessment, and what do we do, how do we do it, how do we all get on the same page, I'm also a firm believer that government and the Fire Department cannot be the only organizations being asked to help mitigate our fire hazards, that there is responsibility that resides with homeowners and neighborhoods and commercial Page 19 Hawaii County Council-26 November 15,2023 businesses and private property owners. We need to be reminded of our own kuleana because there is only so much the Fire Department can do in a time of crisis. But I recognize the intentionality. And when I lookI mean, to me, this is just including and more specifying about the potential impacts of wildfires in a review that's already happening associated with our overall Fire Department. So, in my mind, that makes sense and that is a highlighting in a time which I like to think is sending a message to our constituents that as a Council, even though we're not in charge of the Fire Department, we make policy. We can't control and micromanage each and every piece of property in our districts, and whether or not they have overgrown Guinea grass or whatnot. But in bringing forth this resolution, I can support it because I see this as bringing that conversation to Council. Thank you for clarifying and removing any perceived threat to the volunteer fire stations, but that the impacts of wildfires be included and the terminology be utilized as we do have this opportunity with a funded project and program to inventory all the things happening here related to the Fire Department. Sorry, I was more long-winded than I intended, but I was trying to draw the web back together to show what I believe and why I'll be supporting this. I'm grateful for this to be included in this overall process because it is very concerning to a lot of people, myself included. With that I yield. CHR. KIMBALL: Thank you, Council Member Villegas. To the main motion. Again, Council Member Evans, if we can keep it brief. MS. EVANS: Thank you. I want to talk about the `BE IT FURTHER RESOLVED that the Office of the Mayor allocate funding and assist with securing grants for wildfire prevention, to support the development of comprehensive mitigation strategies such as improving forest and watershed health, and enhancing community preparedness." What I'd like to hope is Bobby Command and Lee Lord and the Mayor's office is watching this. I, as one, will be looking at what you're going to propose when you bring in front of the Council your budget in terms of looking at this comprehensive look at how the County is looking at kind of a comprehensive mitigation strategy, because I do think this will go beyond the Fire Department. So I'm glad it's in here. There's a lot in that statement and, for me, doesn't need further clarification. I have an expectation that, from the Mayor's office, we will see something coming up in his draft budget that looks at that statement of a comprehensive mitigation strategy. And we will see it go beyond just the Fire Department. So with that I yield. Thank you. Page 20 Hawaii County Council-26 November 15,2023 CHR. KIMBALL: Thank you, Council Member Evans. Council Member Kierkiewicz. MS. KIERKIEWICZ: Chair, thank you. Two things. There was a question raised about I feel my integrity here, as if I'm making up conversations. And so I just wanted to call upon Deputy Corporation Counsel Cody Frenz to confirm that we had a conversation with Fire leadership—Fire One, BC (Battalion Chief) Springer was there, Chief Birch, the captains that are running the volunteer fire program that we discussed and they asked for an assessment. Deputy Frenz, can you confirm that we had that conversation, that I'm not just making this up? (Note: At this time, Deputy Corporation Counsel Dakota Frenz came forward to address the members of the Council.) MS. FRENZ: Sure. Good morning, everybody. Deputy Corporation Counsel Cody Frenz, on behalf of the Fire Department. So that's correct. In fact, it started with a very specific purpose. I reached out to Ashley for tightening up some County Code modifications on behalf of the Fire Department. We had a group meeting, in fact, in the Fire conference room, Administration conference room, where it was in fact discussed. And that's how the beginning of our conversation morphed into a much larger assessment and overall review of our current situation and dynamic under the Code. So that is in fact correct. MS. KIERKIEWICZ: Thank you, Deputy. I really appreciate that. I don't want folks thinking that I'm just pulling things out of thin air. I am very keenly aware of where we are right now. We are in budget cycle, budget discussions. Deanna, Managing Director, they're reaching out to all of the departments to talk about what priorities are. This resolution sends a very strong signal of what we want to see in next year's budget. There has been investments in IT (Information Technology) and Environmental Management and Police and Prosecutor's. And you know what? We've got to invest in Fire. And, yes, we want to make sure we're supporting our volunteers, but you want to really know what I want to make sure we're doing? That we're supporting our career; that these men and women have to sleep at stations that really should be condemned; have a safe place to go, that they have equipment that works. Yes, I care about volunteers, but I also care about my partner who's at Station 5. I care about Kili, Holeka's sister. Right? We have friends and `ohana that are in the Fire Department that have committed to doing this as their job, that have not gotten the support that they've needed for so long. So it is an assessment, yes, and it is a plan of action that we must commit to because fires are a real thing. We are in El Nino season. There is huge risk of fires happening all over the island. They're happening now and we need to make sure our personnel are supported. I have Royd Henderson, Chief Darwin Okinaka in the Hilo chambers, if they would like to come and speak to the needs of our Page 21 Hawaii County Council-26 November 15,2023 career folks. But I think I've really made the point here, that our department needs help. And this is a signal to the Administration that you need to make it a priority in the next budget cycle. Thank you, Chair. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anything else? All right, before we proceed, I was going to make a comment about decorum at a later point in the day, but I think that it is appropriate now. I just want to remind the body and all the members on it that we abide by our own rules as well as those of Robert's Rules of Order with respect to decorum, which is that discussion should remain on the topic at hand. It should be germane to the conversation in front of us, the motion in front of us. There should be no assignment of personal intention or personal remarks in the comments made. Please stick to the facts. And, finally, the dialogue back and forth should be kept to a minimum. So I request, proceeding forward, that folks summarize all of their questions at one point while they have the floor, and then responses can be made after that, rather than back-and-forth dialogue. So again, very encourage all members of our body to maintain the rules of dialogue. Thank you. Council Member Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Yeah, I appreciate that comment. Cody Frenz? Thank you for being on today. MS. FRENZ: Yes, sir. MR. KANEALI`I-KLEINFELDER: Understanding, and I heard the Chief earlier, that there was an assessment requested. Is this the specific paragraph I'm looking at that was there an assessment of the volunteer fire department requested by the Administration within the Fire Department? That was my question. And it's pretty specific. It's laid out specifically in this resolution that that was requested. That's what I'm checking, not the whole department. Mr. Benner requested—and I remember that discussion at Council. That was a big one. Having an assessment of the entire department, that's huge. But this is specific to just the volunteer fire department. Was that question raised? MS. FRENZ: That's a part of the overall larger conversation that has been ongoing and will probably always be ongoing, given the way in which the Code is written, the tie between both career and volunteer stations. I don't know how, Council Member Kaneali`i-Kleinfelder, you would evaluate one and not the other, quite frankly, based on the current Code and how it's drafted. So, in order to assess what needs the volunteer division has, it also ties in to what the career needs are. So you can't really do one without the other. So I believe—and I understand there's a general understanding for an overall assessment in general. So that would cover both. Page 22 Hawaii County Council-26 November 15,2023 MR. KANEALI`I-KLEINFELDER: Okay. That's a good answer. That's helpful. Thank you for providing that and being present today. MS. FRENZ: Sure. MR. KANEALI`I-KLEINFELDER: Okay, with that, I'll be supporting the resolution today. I just want to make sure that we're doing things in the right way, and that we have good information in front of us. So thank you for that, Chair. I yield. CHR. KIMBALL: Thank you. Council Member Inaba. MR. INABA: Thank you. We missed the Committee hearing, but happy to support this resolution. And I think there's definitely a need to support further what the Fire Department is requesting, and in light of the ongoing contract that we have for a master plan and a strategic plan for the department. So do ask for everyone's support and look forward to moving this along. Thank you. CHR. KIMBALL: Thank you, Council Member Inaba. With that, we'll move to the vote on the item. All those in favor of adopting Resolution 333-23, as amended, please say "aye." Vote on Res. 333-23: The motion to adopt Res. 333-23, as amended to Draft 2, Draft 2 and Governmental Operations and External Affairs (Adopted) Committee Report No. 83 was carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Res. 331-23: AUTHORIZES THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT TO AWARD FUNDS TO VARIOUS ORGANIZATIONS FOR PROGRAMS ADDRESSING AFFORDABLE HOUSING Allows for the distribution of$17,324,559.46 of grant funds to seven organizations to support the County's Affordable Housing Production Program. Reference: Comm. 560 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-103 Page 23 Hawaii County Council-26 November 15,2023 (Note: Comm. 560.5, from Housing Administrator Susan Kunz dated November 13, 2023, transmitting information relating to Res. 331-23, was circulated.) Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 331-23 and Finance Committee Report No. 103. Seconded by Ms. Villegas. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you very much, Chair. In your packets, you have received Communication 560.5 from the Administration, and if you guys want to come up. And thank you for putting this together. This was based on our conversation we had last time and requesting more information. Ms. Kunz, thank you for being here. Do you want to run through this at all, or how do you want to proceed? (Note: At this time, Housing Administrator Susan Kunz came forward to address the members of the Council.) MS. KUNZ: I'm more than willing to run through the documents or answer any questions that you might have. MR. KANEALI`I-KLEINFELDER: Since you've done so well putting this together that really lays out where everything is—does everyone have this report (see Comm. 560.5)? Yeah, that's the one. Okay, Rebecca needs a copy. Here, you can use mine. I read through this extensively. Why don't you go ahead and just kind of break it down. It's a really nice presentation of the data. That was one of my concerns that I brought up at the last meeting. So if you could run through the communication you submitted, yeah. Thank you. MS. KUNZ: Good morning. My name is Susan Kunz. I'm the Housing Administrator for the Office of Housing. Thank you for this opportunity to share additional information about the award process that the Office of Housing engaged in to do this award. So, at the last Committee meeting, there were questions about time lines, for example. So Exhibit A in the communication that we're providing gives you an idea about the start dates of each one of those projects. I will tell you that I have representatives from all of these awardees in the room today and on Zoom. So, as we are moving through the presentation, if you have specific questions about the project, we can call on them. Exhibit B. The need for this additional information came from questions about our prioritizing the higher AMI (Area Median Income) or preferencing the higher AMI with this award. What we wanted to share was, although the Affordable Page 24 Hawaii County Council-26 November 15,2023 Housing Production Program is highlighting 100 to 140 percent AMI, one of the things that I mentioned is that there are a lot of Federal and State funding programs that focus on supporting the lower AMI. So if you look at this presentation, first of all what I wanted to share is of the total number of units that we are awarding, which is 1,176 units, 845 are rentals, 327 are for sale, and 4 of them are manager units tied into these housing projects. You'll see the charts, falling right below that, indicates the AMI of the units that—so, for example, of the 845 rental units, you'll see the breakdown of AMI. And what's really interesting is even if we had prioritized the 100 to 140, you'll see that the majority of the units that got awarded were the lower AMI. Same thing for the for sale units. So the pie chart below that just kind of gives you that similar information in total. So everything up to 80 percent AMI, 60 percent of the funds went to that. And then almost 40 percent to the higher AMI. On the second page of that exhibit, we're intending to show you the Federal and State funding programs that support up to 60 percent AMI; up to 80 percent AMI; and the Affordable Housing Production Program,which is the only program we're aware of that's supporting the higher AMI production. You have any questions there? No? Okay. There were also questions about the housing planning study, so I wanted to provide that information here for you. So we put the cover page there to identify that this is the data that we're using to show the 10,000 units needed by this community to satisfy our housing needs. When you look at the chart, it breaks down for Hawaii County by AMI the number of units that the study is reflecting the need for this community. There is a total number of 13,000 there, but that does include units that are above 180 percent AMI. So I just wanted to call out. So the 10,000 that I keep touting is up to 140 percent. Exhibit D was meant to give you a little more information about the public hearings that we held. So we held two public hearings that were both Zoom and in person. One event, we had 30 people participating. And the second event, there were 36. We also gleaned information from the Mayor's town hall meetings that we did islandwide as well. So we took a lot of information there to gather data from the community to help us determine the priorities for awarding this program. So I'd love to answer any questions if you have any. MR. KANEALI`I-KLEINFELDER: Thank you very much, Ms. Kunz. The reason I asked for some of that information is because it helps me see the picture. There's a lot of different feelings in the community about the way we're moving forward as affordable housing, on both sides of the fence. What I wanted to see was how it lays out and what the Office of Housing and Community Development has seen as priorities, what we're funding, what we're going to build or are Page 25 Hawaii County Council-26 November 15,2023 pushing into the community, what the community is going to see on the back end as what we did as an action to solve the affordable housing crisis, and I like what I saw. I asked some hard questions and you answered them all, and that data is very clear. So I don't have any more questions. Thank you. MS. KUNZ: Thank you. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Vice Chair Inaba. MR. INABA: Thank you. Good morning, Administrator Kunz. MS. KUNZ: Good morning. MR. INABA: Just for the organizations who did receive funding that are not nonprofits. They're designated as "other organizations" in Exhibit A of the resolution. Just wondering what the process was for those three—well, one of those is your own office. But for the other two, I'm assuming—could you share a little bit about the competitive bid process that those two projects went through to get this funding? So that would be 2 million to Kamakoa Nui and 3 million to Ho`omalu at Waikoloa. MS. KUNZ: Right. So there were actually a total of 20 applications for $17 million and change. So the Committee as the—well, first I should say that when we conduct an RFP (Request for Proposals), there is selection criteria that is posted. So it's very public about what you're going to get graded on and how many points you could glean from each category. So it's very clear. Once the applications come in and the team starts looking at those proposals, they're ranked, right. And then determining the total number of funds and how many projects we can fund. So, basically, what you see here is 100 percent funding for those top-rated projects. Before the team even starts to rank and rate, they have to meet those eligibility criteria. And so these organizations did meet that. There was, in fact, one organization that didn't meet eligibility, so they weren't even ranked. But the team does do that before they even start to rank projects. I don't know if I'm answering your questions directly but— MR. utMR. INABA: Yeah, maybe it might be a Corporation Counsel question. So just wanting to make sure because for organizations that are not nonprofits, there is this competitive bid process. And I'm assuming other organizations didn't apply for the Kamakoa Nui project. That's something that that organization is already in the process of working on. So did this process that your office led and your selection via your process, was that considered a competitive bid since it wasn't specific to that project, which is what you folks had set out in your criteria? Page 26 Hawaii County Council-26 November 15,2023 MS. KUNZ: So, for Kamakoa Nui, we know that this is a County project. The Office of Housing applied for those funds to do the mini-loop road. The administrative rules allow the Office of Housing to award up to 30 percent of that fiscal year's funding to an OHCD (Office of Housing and Community Development)project. So I can actually take and set aside 30 percent of the funds to award housing projects in-house. While that is the case, in this process we chose to let Kamakoa Nui compete with the rest. So we ranked that application along with everybody else. So they actually ranked out based on the public criteria, and so we awarded them along with the other projects, not as a set aside. MR. INABA: Okay. And then for the Ho`omalu at Waikoloa, the 3 million, will we be seeing any type of—is there an existing 201H, or might we be something like that associated? Because we did see a property acquisition for Kamakoa Nui, or we just had some kind of resolution for that project. So just wondering will we see anything for Ho`omalu. MS. KUNZ: We have an existing. That's all that's in play right now that I'm aware of. I mean, we could call the project managers up if you have any questions about their intention. Should we do that? MR. INABA: No. Just from your agency's standpoint. There's nothing further that we might be seeing right now, right? MS. KUNZ: No. MR. INABA: Okay. Perfect. Corporation Counsel, if you could just answer that question. I just want to make sure, on the Code side, that we're good. So, understanding that we gave out certain funds through this process to certain organizations who are not nonprofits, did this process meet the requirements of a competitive bid, even though it was not specific? It wasn't like multiple organizations applying for the 2 million for Kamakoa Nui. It was Kamakoa Nui applying specifically to a project that they already have been involved in. I just want to make sure we're good on that. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Good morning. Elizabeth Strance, Corporation Counsel. With that specific a question, Council Member Inaba, I would need to take it back to my office. In talking with Director Kunz, Deputy Sylvia Wan was very much involved in the process of awarding, and I have confidence in her eye for detail. Director Kunz is telling me that with respect to Kamakoa Nui, there weren't Page 27 Hawaii County Council-26 November 15,2023 multiple bidders on that. And so that might have been handled based upon that information, but I'm not able to speak from my having reviewed it and would need to collect that information for you. MR. INABA: Okay. Yup. I mean, sorry,just making sure that when we are voting, that we are voting and that we met the criteria of the Code here. I do support the resolution, and thank you, Mr. Shiroma and the team, for getting these awesome projects on the floor here today in case we have any questions. I think it's a diverse approach, especially for some of the projects here on the west side. I just have a little hesitation until I know that we are meeting the requirements of the Code for compliance with that competition and the competitive bids, but do support everything and all the projects in there. So thank you. MS. STRANCE: Council Member, are you asking that I follow up or have a deputy follow up with you directly? MR. INABA: Yes, please. MS. STRANCE: Okay, thank you. CHR. KIMBALL: Thank you, Vice Chair Inaba, and I'll note that there's a companion bill with this, Bill 96, that's just in first reading. So there's an opportunity to have that discussion at the second and final reading of that bill. Also, this was in Committee earlier, the 31"of October, and so some of these things were quite far delved into. So I encourage the folks that were not present at the Committee hearing to review the video because we did cover a lot of this stuff at that time. Council Member Villegas, (inaudible). MS. VILLEGAS: Sure. Thank you, Chair Kimball. In reading through the report on the Committee that I did miss, I was able to look through and note where you had asked here for a graph providing through the housing study that reflect the needs per district and income and the number of rental units versus for sale units, which is what I see is reflected in that report that was provided there. My question becomes, and I'm just hoping we can quickly run through your chart, where each of these projects, and I apologize, but where they're located because I didn't see a"per district"part. So, Kamakoa Nui? Waikoloa. MS. KUNZ: Waikoloa Village. MS. VILLEGAS: Okay. And Mental Health Kokua? MS. KUNZ: That is the purchase of the Manago Hotel, so that is in South Kona. MS. VILLEGAS: South Kona. Great. I thought I saw that;just wanted to confirm. Housing and Land Enterprise, Hale o Hawaii, land trust? Volcano. Page 28 Hawaii County Council-26 November 15,2023 MS. KUNZ: Yes. MS. VILLEGAS: Okay. And then same thing, Hilo, for the next one. Ho`omalu, Waikoloa. Office of Housing and Community Development, this is a big one. MS. KUNZ: Kamakoa Nui. MS. VILLEGAS: I'm sorry? MS. KUNZ: Kamakoa Nui, Waikoloa Village. MS. VILLEGAS: Okay. And Hawaii Island Community Development Corporation. MS. KUNZ: That's in Hilo. MS. VILLEGAS: In Hilo. Okay, thank you. MS. KUNZ: You're welcome. MS. VILLEGAS: I just wanted to kind of see the spreading out on the island. And I do understand it's really challenging to find the land in Kona more central, and we're navigating water credits as well in some of this area. But thank you for helping me see a broader picture of where these are located islandwide. MS. KUNZ: You're welcome. MS. VILLEGAS: I appreciate it. I'll be supporting this resolution, and grateful to have so many units in the pipeline. CHR. KIMBALL: Thank you, Council Member Villegas. Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. Thank you for pulling this information together. It's really helpful. I just want to point out a couple things because I don't think the public has this in front of them, necessarily. So the page that I kind of asked for was this one about looking at how these units that we are developing break down between different AMI groups. So this one with the MS. KUNZ: Okay. MS. KAGIWADA: And I just want to noteso, yes, as you noted, we are actually doing over 60 percent of the AMI units from 30 to 80 percent AMI, even though that isn't necessarily the top focus of this pot of money. But I think it's really interesting and I guess it totally makes sense that the units that are for sale are primarily in that higher group so that the 100 to 140 percent AMI, or actually Page 29 Hawaii County Council-26 November 15,2023 120 to 140 percent AMI, and with only two units for sale being potentially below that. I understand the economics of that, but I'm just wondering—and I guess if we flip to the back page where you also listed the funding opportunities for these different AMI groups, which I think really highlights why you're focusing on the up to 140 percent AMI, because it's the only program that does that. All the other programs here focus on only up to 80 percent AMI. I'm just wondering, these other programs, do any of them focus on housing for purchase, or are they almost all primarily rental housing? Because when we see what's being built here, the housing for purchase is almost all the higher AMI group. MS. KUNZ: I think that of the programs that are listed, the rentalno, rental housing obviously is for rental. Community Development Block Grant is not for sale. Project-based vouchers are rental subsidies. I'm not sure about Hula Mae, to be honest. Let me check with my staff. So Royce is informing me that the HOME Investment Partnership Program, a lot of the time we will support programs like self-help housing and that's definitely for sale. Is that the only LIHTC (Low Income Housing Tax Credit) is rental. So I think it's probably just HOME. MS. KAGIWADA: You thinkI'm sorry, what? MS. KUNZ: That supports for sale. That is your question, right? MS. KAGIWADA: Yeah, how many of these programs support for sale units for lower AMI families or individuals, and not very many. MS. KUNZ: And affordable housing production. MS. KAGIWADA: Yeah. Okay. That totally makes sense. I get it. It's something that maybe, even with the focus on the higher end for this kind of gap funding, maybe if there's a chance to look at homes for sale for lower AMI since that funding doesn't seem to be as prevalent out there, we could consider. Okay. And then my other thing I just want to point out, I think one of my colleagues said at the last meeting that they were happy to see the money being spread around the island. And it is true that there is one home being developed in Volcano, and one home and partial funding request being funded for Hilo. But really, almost 60 million of this money is going to the west side of the island, correct? MS. KUNZ: Yes. MS. KAGIWADA: So I'm just hoping, since this was two years of funding, that that is going to be taken into account looking at funding going forward. I realize you have to deal with lots of different things that you're looking at, including Page 30 Hawaii County Council-26 November 15,2023 what's shovel-ready and what's ready to go. But I really hope that some of the other places that also really need housing—obviously specifically for me, Hilo, we've had such a huge explosion of homeless people, of people really struggling over in Hilo—and so I'm hoping that we can direct some funding over there. MS. KUNZ: Yeah, I agree. And I'm always very sensitive to the distribution of funds. Some of the time, what limits my ability to do that is not having applications from that district, right. So I think in the next round of funding, definitely, as we're starting to do public hearings and things like that, really trying to work with developers from across the island and encouraging them to participate and to submit applications for funding. MS. KAGIWADA: Thank you, that's all I have. Thank you, Chair. CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else? Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. I appreciate Ms. Kagiwada because she jogged my memory. I try and say this at every meeting so that we track this and we get there, but I really do feel this was put on my head by Patrick Hurney, okay—equity is built when we start supporting community at all levels. To me, primary equity is when you provide someone a house they can live in and pass on to their kids forever in perpetuity, as long as the family maintains. And that is to Ms. Kagiwada's point that low AMI for sale housing—and I know we have some programs and we have some subsidies. There's different ways we can address that. But if we start to put our lower income families in homes they can live in forever, their kids get a leg up and that truly is how we start building equity in our community and we start addressing the problem of cost of living in Hawaii, which is incredibly high for a number of reasons. I cannot stress that enough. I'm going to try and say that at every meeting when we talk about affordable housing because, to me, that really is the crux of the matter right there. So thank you for jogging my memory. That was a beautiful point, and thank you for being here and answering our questions. MS. KUNZ: Thank you. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Thank you, Administrator Kunz, too, and your team for this additional information. We had really robust conversations at the Committee meeting, and I just wanted to continue to acknowledge all of the hard work that's taken place to design a new program, craft the rules, and then get money out the door. Because, the intention was there are so many different pots of money availableState, Federal Government-but there was a missing piece, and this program helps to fill that gap. So I'm honored to have worked with you Page 31 Hawaii County Council-26 November 15,2023 to get that initial funding in place, and to see that there are projects that are going to be supported and that there are going to be more houses coming online in the coming years. One thing that I just want to note is I hope that there is consideration for how we might help those that are living in Lava Zones 1 and 2. I know that this is a high- hazard, high-risk area, but I think we can get creative around housing to ensure that folks that are living in these communities, because that's what they can afford, right, are also getting opportunities through programs like this. So thank you for taking that into consideration. I'll be supporting this package as presented. I yield. MS. KUNZ: Thank you. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else? MR. KANEALI`I-KLEINFELDER: Chair, I have a random issue. CHR. KIMBALL: Go ahead, Council Member Kaneali`i-Kleinfelder. It's probably not random. Remember, I just made the comment"stay germane." MR. KANEALI`I-KLEINFELDER: It's germane but I mean it's kind of on the other side of the fence. What happens if we say no to this resolution? I'm just wondering out loud. What happens if we say no to the resolution. Would you go back to the drawing board and look for, say, more projects in Hilo? I'm just wondering out loud. And I never asked the question. MS. KUNZ: Wow! CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder, while I appreciate that, I think that's a process question, and obviously we cannot move forward with the distribution of these funds without the passing of the resolution or the bill. I don't think there's guidance within the Code that is specifically about whether or not they'd reinitiate the process. So, unless it's pertinent to your vote today, I don't know that we need to go into the MR. KANEALI`I-KLEINFELDER: I would like to hear the answer from the Administrator. CHR. KIMBALL: I'm not sure Administrator Kunz knows the answer to that particular question at this time, but go ahead. MR. KANEALI`I-KLEINFELDER: Just what would you do, and just real brief. MS. KUNZ: I'm responsible to distribute these funds and utilize them for the purpose that was set forth in the ordinance. I would have to start all over. We Page 32 Hawaii County Council-26 November 15,2023 would go out with another RFP and start the process all over again. It would delay award. It would delay expenditure. It would delay delivery of housing units. But that's what I would have to do if you said no. MR. KANEALI`I-KLEINFELDER: Thank you. I'm not saying I want to do it. I just was wondering what happens. Thank you. MS. KUNZ: Okay. CHR. KIMBALL: Council Member Villegas. MS. VILLEGAS: I just have a quick comment and question. I appreciate your doing the math and looking at all the funds being allocated to the west side of the island in this round. I would also humbly ask, and it may not be a question you could answer for me now, but historically it seems, in my mind, that most of the affordable housing has otherwise been built on the east side. So I just wonder what that overall historical data might be,just from we have to sit here and part of our job is to make sure we're trying to get the funds for our side of the island. And in what we hear, sitting in these roles, is that people are sleeping in their cars right here on Ane Keohokalole because they live on the east side and they do have a home,but the jobs,unfortunately, are on this side. So just wanted to make sure that some of that relevance is looked at as we look historically at where the allocation of resources have been islandwide. Yeah. So just maybe something funny to think about on where they are. I just recently went to a GIS (Geographic Information System) training, and they were providing information on how we can take those kind of statistics and data and it could be plugged in. And then we could actually look: "Okay, here's the map. Here's where we have the houses, and this is when they were built. And this is where they are there." But it just provides us an opportunity to share with our constituents the equity of the distribution historically and moving forward. MS. KUNZ: I think both of you are correct. What you're recognizing is correct, as far as what's the distribution of funds for this round. What we've seen historically, I think you're probably right. What we are seeing is the production of a lot of units coming online in, which is considered West Hawaii, in the Waikoloa area. I mean, infrastructure is such a huge issue for housing development, and we have a lot of that existing in the Waikoloa area. So I think that's a lot of the reason why we're seeing those units coming up there. These things all play into our ability to develop units and for the developers, right. Where they're going to find land, where they can get infrastructure, and then of course the funding. So, yeah. MS. VILLEGAS: Thank you for doing the dance. Sometimes it's a two-step and sometimes it's a tango, and every once in a while it's a limbo, right. All right. Thank you, I yield. Page 33 Hawaii County Council-26 November 15,2023 CHR. KIMBALL: Thank you, Council Member Villegas. I'd like to just make a comment, a reflection of a couple of statements that were made, which is I think it's probably unreasonable to presume equitable geographical distribution of these funds. And our discussions around the Housing Production Fund when it was created is it's really meant to fill a gap. And since we have such diverse economic systems across the island, diverse needs and diverse populations, I think we should be taking those factors into account rather than looking for geographical equity, particularly because some places are easy to fund with other programs and others are not. One of the issues we have of course in West Hawaii is the average income in the area is pretty high, and so it's hard to bring in some other Federal funds to subsidize that. The Housing Production Fund is a subsidy. And so, similarly with the for sales, those can be done sometimes by developers, whereas it's not as feasible for developers to do rental units at those lower AMIs. And that's why I think we see a little bit more of the public funding being directed towards those that are really just not possible to pencil out in any kind of developer market scenario. So just wanted to make that comment. With that, I will go ahead and proceed with the vote. All those in favor of adopting Resolution 331-23, please say "aye." Vote on Res. 331-23: The motion to adopt Res. 331-23 and Finance Committee (Adopted) Report No. 103 was carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Bill 96: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2024 Decreases appropriations in the Housing Production account(-$17,324,559.46); and appropriates the same to the following accounts: Kamakoa Nui LP-Construction ($2 million), Mental Health Kokua-Property Acquisition ($5.5 million), Hale O Hawaii County-Volcano Construction ($300,000), Hale O Hawaii County-Hilo Construction ($300,000), Ho`omalu at Waikoloa LP-Construction ($3 million), OHCD-Infrastructure Development Kamakoa Nui ($5.4 million), and Hawaii Island Community Development Corporation-Construction Mohouli ($824,559.46). Reference: Comm. 560 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-104 Page 34 Hawaii County Council-26 November 15,2023 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 96 on first reading and adopt Finance Committee Report No. 104. Seconded by Mr. Inaba. CHR. KIMBALL: Any discussion? MR. KANEALI`I-KLEINFELDER: Yes, Chair. CHR. KIMBALL: Go ahead, Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Just a mahalo to the department for doing the legwork and getting it done, and getting the taxpayer money that we set aside to do the work out there. And then to all the organizations that came in and applied to be a part of this and to get us moving, thank you. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Council Member Evans. MS. EVANS: Thank you. I'm just grateful that we're moving with some affordable housing in Waikoloa. But just a quick question. We, from this fund, are going to put money towards construction and infrastructure. And given how long it is to roll out these projects, what is the expectation that in fact they will be made available to the public? What year do you think they would be opening these units? (Note: At this time, Housing Administrator Susan Kunz came forward to address the members of the Council.) MS. KUNZ: Are you speaking specifically about the Waikoloa project? MS. EVANS: Yes. MS. KUNZ: So Kamakoa Nui? MS. EVANS: Yeah. MS. KUNZ: The funding there is to support the build-out of the mini-loop road, which will give us access to the separate TMKs (tax map keys) there on the property. There's a mix of rental units and for sale units. The road is scheduled to start work next year, right? Okay. So, yeah, there is a chart in your exhibits that's showing that the road will go in next year. Once the road is there or any portion of the road,we could—and that would give us access to those TMKs, I'm hoping we can start to move forward with RFPs to award those lots to developers. So, by the time we do that, we're probably talking Page 35 Hawaii County Council-26 November 15,2023 about another couple of years before we award, to be honest. But whatever I can do to try to expedite that to get those developers on board, I think we can move forward quicker. There has been a lot of interest. We are constantly meeting with developers who are interested in doing work in the area. So there's not a shortage of people who want to develop there. MS. EVANS: So you're going to be coming back annually with your list. So they may come back again in the future. MS. KUNZ: Who is "they"? MS. EVANS: You. To do something for Kamakoa Nui. We might see something next year? MS. KUNZ: Potentially. MS. EVANS: Okay. All right. MS. KUNZ: But right now, we don't have any developer partners for the development of Kamakoa Nui. This is strictly the Office of Housing doing infrastructure work at this time. Yeah. MS. EVANS: All right, thank you. I'm in support. I yield. CHR. KIMBALL: Thank you. Anyone else? Okay, all those in favor of adopting Bill 96 at first reading, please say "aye." Vote on Bill 96: The motion to pass Bill 96 on first reading and adopt (Approved) Finance Committee Report No. 104 was carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. CHR. KIMBALL: I believe we have somebody from DHHL (Department of Hawaiian Home Lands) who has been patiently waiting on Zoom for Resolution 355-23, so if we can take that next, please. Thank you to the members of OHCD for being here today. Page 36 Hawaii County Council-26 November 15,2023 STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON RES. 355-23 The following individual registered to speak and came forward when called by (COMM. 588): the Chair: Patrick Kahawaiola`a: Comment. (representing Keaukaha Community Association) Res. 355-23: AUTHORIZES THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE DEPARTMENT OF HAWAIIAN HOME LANDS REGARDING MAINTENANCE AND IMPROVEMENT OF COUNTY MAINTAINED ROADS IN KEAUKAHA Authorizes the Mayor to enter into an agreement for paving, widening, and drainage improvements for certain roads located in Keaukaha. Reference: Comm. 588 Intr. by: Ms. Evans (B/R) Waived: GOEAC Motion to Approve: Ms. Evans moved to adopt Res. 355-23. Seconded by Mr. Inaba. CHR. KIMBALL: We have a representative from DHHL on Zoom if there are any questions. Any discussion? Council Member Evans. MS. EVANS: I ask for favorable support. I believe that what this does is it really focuses on the issue of the maintenance that is needed, and it gets the parties hopefully to the table to have that discussion and get these roads in better condition. So I ask for favorable support. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Is anyone from Public Works available to speak to the merits of this resolution? I think Deputy Kekai CHR. KIMBALL: The Deputy Director might be available in Hilo chambers. MS. KIERKIEWICZ: This is really concerning to me. This is very reminiscent to discussions we had I think in a prior Council term where the Department of Hawaiian Homes was being asked to pay for maintenance work. And to the testimony that was provided by Uncle Pat, I don't know why this is being required of a homestead community. They pay taxes too. And so I figure this is work that the County should be doing naturally, but perhaps, Deputy, you can enlighten us as to why this agreement is necessary at this point. Page 37 Hawaii County Council-26 November 15,2023 (Note: At this time, Public Works Deputy Director Malia Kekai came forward to address the members of the Council.) MS. KEKAL Yes, thank you. Good morning. Malia Kekai, Deputy Director of Public Works. This is not regular maintenance. Yes, we have an agreement already with DHHL that we maintain their roads. This is actually improvements. So we're going to go in and widen the roads for them. And, basically, they're just providing materials, and we provide all the labor. We've worked out this agreement in order to kind of cost share and help each other out to get this done for the community as they put in the sewer lines and the new water lines as well. MS. KIERKIEWICZ: Thank you for those additional details. Is anyone from the Department of Hawaiian Homes on? CHR. KIMBALL: I believe we do have a representative on Zoom. (Note: At this time, Kelbert Yoshida, Land Development Division, Department of Hawaiian Home Lands, came forward to address the members of the Council.) MR. YOSHIDA: Good morning. This is Kelbert Yoshida from Department of Hawaiian Home Lands, Land Development Division. The MOA (Memorandum of Agreement) is basically to do the cost sharing to follow our sewer and water line improvements. MS. KIERKIEWICZ: Are you able to speak to the costs that are being borne by the County as well the department? MR. YOSHIDA: The cost sharing agreement is basically to pay for the material for the additional widening of the road. We seem to look at it as a project that would follow any of the sewer line and water line improvements in Keaukaha. MS. KIERKIEWICZ: Is there an actual figure that you are able to discuss at this point or no, or even a range? MR. YOSHIDA: No. Estimated cost of the material would be about$900,000. MS. KIERKIEWICZ: That's just the materials. MR. YOSHIDA: Material cost alone, yes. MS. KIERKIEWICZ: Not to mention theI'm hearing potentially design engineering, actual construction work, too, that needs to happen. Page 38 Hawaii County Council-26 November 15,2023 MR. YOSHIDA: That's already borne by the department. So we actually started a Phase 1 where we did improvements on a section of Desha Avenue, and we're nearing the end. So the department actually put in over half-a-million dollars' worth of work to get to this point. MS. KIERKIEWICZ: That's great. Thank you. Chair, if I couldI know this was waived out of Committee straight to Council,but we do not have the Council Member that represents Keaukaha here. And I just want to confirm that this is something that Council Member Lee Loy is on board with. She's very connected to the homestead community, showing up to all of their meetings, and I just want to make sure that she's on board with this, she's been part of the discussions. And so, once folks have asked their questions and made their comments, I would like to ask if we could just postpone this to the next Council meeting. I apologize. I'm not trying to slow your process down, but I really think it's important that we do hear from the representative from this district and get her mana`o before we make a decision as a body. Thank you, Chair. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Other discussion? Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Malia or Steve or whoever wants to answer. What is the urgency of the waive to Council? Is there a requirement to move quickly on this? Is everyone ready to move, and that's why we're waiving to Council? MS. KEKAL I can take that, Council Member. Yes. DHHL is nearing the end of their improvements. And so the road widening,we kind of wanted to do it in concert with them and, therefore, kind of to match up the timing so that basically the project could be seamless. So that was the reason for asking for the waiver. MR. KANEALI`I-KLEINFELDER: That makes complete sense tome. Thank you, I yield. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Did I see another light on? No? Council Member Inaba. MR. INABA: I'm comfortable to move this forward, especially in light of the it's for improvements in the homestead. So I don't want to have to see this again. Thank you. CHR. KIMBALL: Thank you. I believe Director would like to make a comment. (Note: At this time, Public Works Director Stephen Pause came forward to address the members of the Council.) Page 39 Hawaii County Council-26 November 15,2023 MR. PAUSE: Thank you. Steve Pause, Public Works Director. Just to add on with what Malia said. We've been trying to—we have equipment for doing paving, and we've been trying to mobilize it and put it in certain parts of the island. I believe that part of, I don't want to call it an urgency, but part of the coordination here is to have the equipment available to be finishing up work, say, in South Hilo or some area there. Presently, we're up in Waikoloa. So we've been trying to get a little better at just staging equipment and moving it, and not going bouncing all around the island. So I believe that that's also in concert of just the general scheduling for our equipment, our manpower, and our Highways folks. Thank you. CHR. KIMBALL: Thank you, Director. Anyone else? All right, seeing no further comments Motion to Postpone: MS. KIERKIEWICZ: Chair, I'd like to make a motion to postpone this measure to our December 6h Council meeting. Motion to Postpone CHR. KIMBALL: Motion by Council Member Kierkiewicz to postpone to Fails: December 6h Council meeting. Any second? All right, without seeing a second, the motion fails. We're proceeding into the main vote. All those in favor MS. KIERKIEWICZ: Hang on one second, Chair. Sorry, I just want to note for the record that I reached out to Council Member Lee Loy and she says, no, she would like to be part of a future discussion regarding this measure. So I'll just note that for the record. CHR. KIMBALL: All right, thank you, Council Member Kierkiewicz. Moving to the main motion, all those in favor please say "aye." Vote on Res. 355-23: The motion to adopt Res. 355-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Page 40 Hawaii County Council-26 November 15,2023 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) First Reading: November 1, 2023 (Note: Comm. 518.3, from Council Member Holeka Goro Inaba dated November 9, 2023, transmitting proposed amendments to Bill 85, Draft 2, was circulated.) Motion to Approve: Mr. Inaba moved to pass Bill 85, Draft 2, on second and final reading. Seconded by Ms. Villegas. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: Thank you. We do have the applicant's representative here today, and I just have one amendment contained in our pinkie folder similar to the amendment we saw yesterday in Committees. Just lining up the language exactly as it is in the Code regarding completion of conditions and the option for a time extension. Motion to Amend: Mr. Inaba moved to amend Bill 85, Draft 2, with the contents of Comm. 518.3. Seconded by Ms. Villegas. CHR. KIMBALL: On the amendment, Vice Chair Inaba. MR. INABA: No further comment. Ready for the vote. Thank you. CHR. KIMBALL: Thank you. Any other discussion on the amendment? MR. INABA: Sorry, real quick. I wanted to let you folks know that I did run these amendments and show the applicant's representative. So they are in support. Thank you. Page 41 Hawaii County Council-26 November 15,2023 CHR. KIMBALL: Okay, any further discussion? I would like to invite the applicant up to the table if you'd like to say any words on the amendment. If you're fine, then no need. (Note: At this time, Daryn Arai, applicant's representative, came forward to address the members of the Council.) MR. ARAI: I had to check my watch, make sure it's still morning, but thank you very much. Good morning. Daryn Arai, Planning Consultant, assisting the applicant, Sandra Kaneshiro. Council Member Inaba did show me Communication 518.3. We don't have an objection to the amendments simply because it rephrases what's already in Draft 2, and I know you wanted us to speak to just the amendment. I just wanted to make a brief statement, if you don't mind, and it's regarding the process. I mean, the discussions regarding the performance conditions have been awkward at times, but I just wanted to impress that we appreciated the Director and Windward Planning Commission's recommendation on a bill that was really tailored to the scope of the project. In all rezoning ordinances that is put forth by the Council, there's a Section 2 that spells out exactly the type of conditions that should be in the ordinance, and those are to prevent the deleterious effects of a project on public infrastructure or public welfare. If there are no deleterious effects, then there should be no corresponding conditions in an ordinance. The request before you today is straightforward, separating a property that has two existing homes into two separate lots. We just don't see any deleterious effects on public welfare or public infrastructure. So, with that, I just wanted to make that statement. That's my two yen worth, which is not much nowadays. That's less than two cents. I just thought I'd offer that perspective. But thank you. CHR. KIMBALL: Thank you. Again back—we're on the amendment now, Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. On the amendment. I think what we have here is something that really does well at clarifying the initial condition that was contained in the bill for ordinance. And for folks in the community who don't have access to this communication, it's related to initiating, reverting property back to original zoning designation or more appropriate zoning, that that action can be done by the Council or the Planning Director. So it's explicitly stating that. And then anything related to initial extensions of time, there is a section of Code that spells out the process for that. Page 42 Hawaii County Council-26 November 15,2023 So I think what's been done here—and thank you, Council Member Inabais just really clarifying the tools and the process, and it seems like this is standard pro forma language that can be used in ordinances going forward. So thank you. I will be supporting because it does provide important clarification. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Any further discussion on the amendment? Seeing none, all those in favor of amending Bill 85, Draft 2, with the contents of Communication 518.3, please say "aye." Vote on Motion to The motion to amend Bill 85, Draft 2, with the contents of Amend: Comm. 518.3 was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball –7. Noes: None. Absent: Council Members Galimba and Lee Loy –2. Excused: None. Vote on Motion to Mr. Inaba moved to suspend Council Rule 23 to waive the Suspend Council holdover for the substantive amendment of Bill 85, Draft 2. Rules: Seconded by Mr. Kaneali`i-Kleinfelder and carried by the (Approved) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball –7. Noes: None. Absent: Council Members Galimba and Lee Loy –2. Excused: None. CHR. KIMBALL: We are now back to the main motion, Bill 85, now Draft 3. Let's see, I don't know who was first. MR. KANEALI`I-KLEINFELDER: Ladies first. CHR. KIMBALL: Council Member Kierkiewicz, he's deferring to you. MS. KIERKIEWICZ: Thank you. Mr. Arai, you made a statement earlier about being good with the draft that was recommended during Planning Commission. And at Committee, there was the amendment to include five years to seek final subdivision approval. That wasn't in the original draft that was reviewed by the Planning Commission, but because we're at second reading, I want to confirm that this is something that can be achieved by the applicant. Final subdivision approval within five years. Page 43 Hawaii County Council-26 November 15,2023 MR. ARAI: Council Member Kierkiewicz, yes. The applicant, in his application, anticipated he could accomplish the subdivision within three years. The Council is offering five years. So he does believe he can accomplish it within that period. MS. KIERKIEWICZ: Okay, thank you for stating that because I didn't support the amendment. I'm going to be supporting this request because I think it's simple and straightforward, and I think we can prescribe things as necessary. I didn't think this was necessary, but I do support the request. So, will be supporting this request for a rezone. Thank you. I yield. MR. ARAI: Thank you. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else? Council Member Villegas. MS. VILLEGAS: I will be supporting their request for the rezone. And I am grateful to you, Council Member Inaba, for updating the amendment to clarify and to bring all of our language into alignment and perpetuity. And with that I yield. CHR. KIMBALL: Thank you for that, Council Member Villegas. Council Member Kaneali`i-Kleinfelder, any ? MR. KANEALI`I-KLEINFELDER: Thank you. Mr. Arai reached out to me and I appreciate that. And you questioned, "Hey, Matt, why'd you vote `no' on the last round?" Simple answer. I looked over the document. I looked at the surrounding zoning. By understanding the LUPAG (Land Use Pattern Allocation Guide) and what we're shooting for in the County, and hearing from the Planning Director at our first Committee hearing, my concern was I looked over this map represented. Almost everything around this, except for this little block and a few randoms, is Ag-3 or bigger. And so, stepping down to Ag-1, it just concerns me that by doing that, we start creating infill and density beyond what was originally planned, although the LUPAG, according to the commission meetings, was this is upholding the LUPAG designation. But I really do feel like we've got to step in somewhere and say our infrastructure isn't ready. I see this in Puna a lot. We continue to allow infill. The density increases but the infrastructure itself wasn't ready and isn't ready, and we're having a hard time maintaining. So that's why I'm saying no. I'm just concerned because I can see this little block developing of FA-1, Ag-l. And as that spreads, all of a sudden all these lots start to put more and more pressure on the existing infrastructure, and that's when the County is going to start to have problems. So that's it in reality. Nothing wrong with what you guys did. I completely support all the amendments in the ordinance, but I just can't say yes to growing the density when we're not ready. That's my inner feelings. Yeah, if you have a response, okay. Page 44 Hawaii County Council-26 November 15,2023 MR. ARAI: I appreciate that concern. We feel that the one-acre minimum lot size—for what it is, the zoning is simply to accommodate the partition of two existing homes onto two separate lots. It's really straightforward. But the zoning is about land use pattern, so I understand your concern. The area is currently designated for low-density residential uses, according to the General Plan. So we're talking lots as small as 10,000 square feet or as small as 7,500 square feet if it's sewered. On the Puna side of Makalika Street are actually lands designated urban by the State Land Use Commission. It's kind of disjointed from the rest of the urban core of the City of Hilo, but nevertheless, there are urban lands right across the street. So, consistent with the General Plan, the County, I believe, does see this entire area transitioning into more urban type of uses regardless of how the zoning looks now. It's about looking forward and how the area is going to transition. There is one-acre zoned lands immediately adjacent to the west or mauka of this project site. So this one-acre rezoning is not some anomaly in the area. MR. KANEALI`I-KLEINFELDER: Thank you for that. I looked at the map and I said, okay, we do have some RA-1's. We've got some Ag-1's, but it's kind of clustered. And I'm looking at that cluster and going, "People are understanding they can move to Ag-l." And if everyone does that, all of a sudden that's that many more homes, that many more cars, that much more water, that much more sewer, everything. That's the density and the infrastructure piece that's got to tie together. That was my concern. And I totally hear you and I understand. I'm going to say no again today just because I think it's important. We've got to look at density and infrastructure. But thank you. Everything you did is good and I appreciate that. Thank you, Chair, I yield. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Council Member Evans. MS. EVANS: Thank you. Is the applicant considering, with fair share contribution, would they be giving money or would they be doing some other type ofI notice that we give the options that they can participate with Parks, Fire, Police. Do you know what their intention is for fair share? MR. ARAI: As it currently stands, there is no fair share obligation. If the applicant was simply to partition the two existing homes into two separate lots, if they are somehow able to accomplish a third lot, at that point, a fair share would be imposed on that one additional unit that's created. So if you read the condition, it actually excludesI think it speaks to should additional homes be constructed beyond like what's currently there, that's when the fair share kicks in. MS. EVANS: I guess I don't see that. I'm looking at page 4. Oh, I see. Okay. "The fair share contribution shall become due and payable prior to receipt of Final Page 45 Hawaii County Council-26 November 15,2023 Subdivision Approval and shall be based on the number of additional residential lots without existing dwellings." So, if they build a third home, at that time they would do a fair share. MR. ARAI: They would pay fair share upon subdivision of a lot that results in an additional home site, I mean additional single-family dwelling. MS. EVANS: The thing that is interesting to me—okay, it's going to be adjusted annually based on the percentage change in the Honolulu Priceoh, that's good. I'm glad that's there. It's interesting how I look at fair share to make sure that there are contributions when things happen. Okay. I think that's good to point it out. Thank you. I yield. CHR. KIMBALL: Thank you, Council Member Evans. Any further discussion? Seeing none, all those in favor of adopting Bill 85, Draft 2, as amended, at second and final reading, please say "aye." Vote on Bill 85: The motion to pass Bill 85, Draft 2, as amended to Draft 3, Draft 3 on second and final reading was carried by the following (Adopted) voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kierkiewicz, and Chair Kimball –5. Noes: None. Absent: Council Members Galimba, Kaneali`i-Kleinfelder, Lee Loy, and Villegas –4. Excused: None. CHR. KIMBALL: Thank you, Mr. Arai, for being here. MR. ARAI: Thank you very much. Happy holidays to all of you. CHR. KIMBALL: Happy holidays. Page 46 Hawaii County Council-26 November 15,2023 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) First Reading: November 1, 2023 (Note: Comm. 519.2, from Council Member Holeka Goro Inaba dated November 9, 2023, transmitting proposed amendments to Bill 86, was circulated.) Motion to Approve: Mr. Inaba moved to pass Bill 86 on second and final reading. Seconded by Ms. Kagiwada. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: Thank you. Mr. Fuke, if you'd like to come forward just so that folks can understand, and you can confirm the discussion that we had on the phone regarding, you know, initially the applicants represented that they would be able to complete this rezoning by the end of 2028. But if you'd like to kind of just share what their intentions were and perhaps just doing one parcel at a time. (Note: At this time, Sidney Fuke, applicant's representative, came forward to address the members of the Council.) MR. FUKE: Okay. Well, first of all, I'd like to for the record, my name is Sidney Fuke, and I'm here representing my friends, Shawn and Stephanie Ching. They would like to extend their apologies for not being here today. They're attending their son's preschool Thanksgiving festivities, so hope you all understand. I don't know whether the reference is to the proposed amendment, but is it appropriate to talk about the proposed amendment now? MR. INABA: We can put it on the floor then, if—okay, sure. Motion to Amend: Mr. Inaba moved to amend Bill 86 with the contents of Comm. 519.2. Seconded by Ms. Kagiwada. Page 47 Hawaii County Council-26 November 15,2023 MR. INABA: Thank you. Just so that everyone knows, again, there in this communication, Conditions L and M are similar to the other amendments that we had that just match up the language contained in the rezoning bill with that of the Hawaii County Code. And then Condition K specifies that ten years is the time frame in which the applicant needs to get final subdivision approval. So, Mr. Fuke,just their intentions moving forward. MR. FUKE: Thank you very much, Council Member Inaba. I've had a chance to discuss it with the applicants prior to this meeting because we knew that this is a possibility. And their position is that in a perfect world, they'd rather have no conditions, but we're not really living in a perfect world. They're in a position to accept all of the other conditions and this condition as well. So they appreciated your consideration in understanding that it's probably going to take more than five years. So the ten years is really ideal. So they're prepared to accept that and the balance of their condition. I would like to make an additional request. If this amendment is accepted, that the Council kind of waive the requirement for a holdover so that I don't have to attend another meeting because I'm not going to have Mr. Arai with me to accompany me. So I just would like to make that extra request. Thank you very much. MR. INABA: Sure, thank you. And, yes. So, in my discussion with Mr. Fuke, although it was represented before the Windward Planning Commission that five years was going to be adequate, they were thinking to do parcel and parcel at a time. And final subdivision approval, in discussing with Corporation Counsel, is when all of those parcels are created as represented. So we wanted to make sure that there was adequate time so that's why the ten years is included here rather than the five. So thank you for having that discussion and happy to take any questions if there are any. CHR. KIMBALL: Thank you, Vice Chair Inaba. So, on the amendment, starting with Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Thank you, Mr. Fuke, for that and, Mr. Inaba, for your amendment and in keeping a persistent, consistent approach towards requiringsorry, the words aren't coming right nowa persistent, consistent approach to holding people up to their end of the deal. That really is what it is. I appreciate that you're here this day. Open to the idea this is an upzonesorry, a downzone, not a I'm spazzing right now. What do you call this, Mr. Fuke? A downzone? MR. FUKE: I'm sorry. I didn't quite understand the question. MR. KANEALI`I-KLEINFELDER: This is a downzone, correct? Page 48 Hawaii County Council-26 November 15,2023 MR. FUKE: Right, yes. MR. KANEALI`I-KLEINFELDER: Correct terminology? Okay. I like that this is downzoned. The applicants have been very good. They came in from Oahu, from what I understand. So I'll be supporting the amendment today. Thank you. MR. FUKE: Thank you. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Council Member Evans, you had your light on earlier. You're good now? Okay, great. Anyone else? Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. Just in keeping consistency with my principles around if we are making decisions about land use that is good in perpetuity. And so I don't feel comfortable or feel there is a need to necessitate time specification, especially because this is such a straightforward request. I appreciate the intention, but I support the total request for the rezone. I just cannot support this amendment. Thank you. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Any further discussion? All right, the motion on the floor is to amend Bill 86 with the contents of Communication 519.2. All of those in favor,please say "aye." Vote on Motion to The motion to amend Bill 86 with the contents of Amend: Comm. 519.2 was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Villegas, and Chair Kimball —6. Noes: Council Member Kierkiewicz— 1. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Vote on Motion to Mr. Inaba moved to suspend Council Rule 23 to waive the Suspend Council holdover for the substantive amendment of Bill 86. Rules: Seconded by Mr. Kaneali`i-Kleinfelder and carried by the (Approved) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Page 49 Hawaii County Council-26 November 15,2023 CHR. KIMBALL: We are back to the main motion, Bill 86 for second and final reading, as amended. Council Member Inaba. MR. INABA: Thank you. I think we've had a lot of discussion. Thank you for your support on this amendment, and thank you to the Chings for working with us, and you as well, Mr. Fuke. I ask for everyone's support. Thank you. CHR. KIMBALL: Thank you, Vice Chair Inaba. Council Member Evans. MS. EVANS: I'm struck by the Council has really kind of been thinking about today into the future. And because of that, we just approvedI approve and support this amendment, because we are learning from the way we used to do business and now the way we want to do business. And so, having said that, I'm kind of surprised that we don't have a fair share contribution condition in this piece of legislation, downzone or upzone. Basically, what we're doing is we're saying we're moving into agreeing to something that's going to be a subdivision. So the question is, if we're changing the way we're doing things into the future, from now moving forward would it behoove us to be thinking about fair share contributions anytime anyone comes in front of the Council and says they want to build on our land? CHR. KIMBALL: I believe that's directed to you. MR. FUKE: Is that a question? CHR. KIMBALL: I'm not sure if it's directed at you, but I also think we have the folks from Planning on the line. So if the folks from Planning Department— Deputy epartmentDeputy Director Darrow, if perhaps you want to respond to Council Member Evans' question, that would probably be more appropriate. (Note: At this time, Planning Deputy Director Jeffrey Darrow came forward to address the members of the Council.) MR. DARROW: Jeff Darrow, Planning Department. Typically in the past, we've only applied fair share to lots smaller than five acres. Any lot above five acres and it's consistent also with the affordable housing requirements. They do not apply affordable housing requirements to properties five acres and above. So that just has been standard practice for as long as I can recall. MS. EVANS: Has there been any discussion about when we just change density, no matter what the size? When you do density and you add, you're kind of changing the makeup of a community. So I'm just kind of curious because we areclearly, this Council, in my opinion, is taking a look at infrastructure. Concurrency is kind of an underlying value, but when should we kick it in or not Page 50 Hawaii County Council-26 November 15,2023 kick it in? And if the standard practice is five acres or above, we never do fair share, and that's been around a long time. Is it moving down to three acres, two acres, one—are we moving that bar at all? MR. DARROW: There has been, like even looking at the previous rezoning for this particular property when it was zoned to FA three acres, it appears that the Council did not apply fair share at that particular time as well. So, again, typically it'sI haven't seen it applied normally, it's one-acre lots. There are times I've seen it applied for three-acre lots but not consistently, but most definitely for residential-type lots, smaller residential lots. But again, agriculture five-acre and above, larger lots, we have not applied that. MS. EVANS: Right, thank you. I'm just curious because we start seeing more of these rezones and how do we apply it, you know, one to the next to the next. MR. FUKE: Can I make a brief maybe like historical comment? CHR. KIMBALL: Yeah, briefly. MR. FUKE: Maybe about 25, 30 years ago, this same body, the County Council, was considering the most equitable means to address fair share. They because this was pursuant to a State-enabling law that I'm sure you're familiar with, being with the House of Representatives, that it passed a law saying, essentially, the counties are now authorized through their rezoning procedures to have a fair share law. So there was a draft proposed and considered by the Council but it never passed. And that was the most equitable means because it would have assessed each new residential construction that was coming online. So because that failed—and there was also a separate study done to determine what would be, if you're going to have this fair share ordinance passed, what would be the equitable amount to address Fire, Police, so on and so forth. It was a specific study along those lines. And that study was then—because that ordinance was never passed, and it's still kind of floating aroundI mean, it could be easily resurrected—but throughout time, then, the County Council saw fit that maybe we ought to just kind of tag those guys coming in for a zone change because they're asking for something, so maybe we should just incorporate portions of that study and put that in the ordinance. But then it kind of went all over the map, like what it's going to assess, whether you're going to go in for residential rezoning or ag rezoning. And so, like what Jeff had kind of pointed out, you know, like where you had the three-acre zoning, and so previously on this one here. So there was no fair share. But along the way, somehow it morphed and I don't know when it morphed. So when rezoning applications, whether it's in the Kaloko Mauka area, came in through Ag-3, that kind of zoning, then you'd see a fair share assessment. Page 51 Hawaii County Council-26 November 15,2023 So, at this point in time, this is kind of like more the Administration was utilizing what the CHR. KIMBALL: Sorry, I'm going to—we got the sense of it. There was a proposal; never went through. So, Council Member Evans, there's potential for some homework here. We potentially need some fair share Code language. We'll just rein it back to the bill at hand, Bill 86. MS. EVANS: Yeah, no, well, I'm glad I asked the question, and I'm glad you gave me a quick point of history. And now there's some homework to do, but thank you. I appreciate it. I yield. MR. FUKE: Thank you, Council Chair. CHR. KIMBALL: Thank you. Thank you, Mr. Fuke. Anyone else? I would just make one final point, Council Member Evans. You may have noticed there have been times that were revisiting, extending time elements of rezoning ordinances or whatever and we have to go in and adjust existing fair share. So something to consider, if you're going to think about this as a project, is making those formulas rather than strict calculations that have to then be amended at a later point. With that, we will move forward with the vote on Bill 86, as amended with the contents of Communication 519.2. All those in favor,please say "aye." Vote on Bill 86: The motion to pass Bill 86, as amended to Draft 2, on Draft 2 second and final reading was carried by the following voice (Adopted) vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. CHR. KIMBALL: Thank you, Mr. Fuke, for being here. MR. FUKE: Thank you very much, Chair. Happy holidays, all. CHR. KIMBALL: Thank you. Recess: At 11:58 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 12:16 p.m. Return to Order The Chair directed the Council to return to the order of business. of Business: Page 52 Hawaii County Council-26 November 15,2023 Res. 329-23: AUTHORIZES THE MAYOR TO ENTER INTO ANNUAL FLOOD- MONITORING AGREEMENTS WITH THE UNITED STATES GEOLOGICAL SURVEY Authorizes the Mayor to enter into five-year agreements to fund a Flood- Monitoring Program to collect long-term data related to annual peak streamflow, which would be used to map flood-prone areas for land use management and for the planning and design of flood management systems. Reference: Comm. 558 Intr. by: Ms. Evans (B/R) Approve: GOEAC-81 Motion to Approve: Mr. Inaba moved to adopt Res. 329-23 and Governmental Operations and External Affairs Committee Report No. 81. Seconded by Ms. Villegas. CHR. KIMBALL: Any discussion? Go ahead, Council Member Villegas. MS. VILLEGAS: I just want to say a big thank you to DPW (Department of Public Works) for this and Keone Thompson. As we continue to experience more frequent flooding circumstances on parts of the island that don't usually see flooding, I'm really excited to see this mapping coming together and pulling us up-to-date for the monitoring of these potential flood areas. So thank you. CHR. KIMBALL: Thank you, Council Member Villegas. Anyone else? Yeah, Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: This came up in Committee level. I just wanted to check in with members from the department. This is islandwide, correct? (Note: At this time, Public Works Director Stephen Pause came forward to address the members of the Council.) MR. PAUSE: Aloha. Steve Pause, Public Works. Yes. Presently, there are five stations, and there are four other locations that are monitored islandwide. That is correct. MR. KANEALI`I-KLEINFELDER: Okay. You're the Director. I'm passing this along to you—we said this at Committee level, too—Puna has flooding but we don't have rivers and streams. That's problematic because we don't get monitored. So I've been watching this kind of track. So I don't know how to express. I've talked to Army Corps. I did a resolution when I first started at Council just to kind of put this out there, and I'm having a hard time getting the grasp that we need to understand the problem. Because when it floods in Puna, it starts on the bottom of Mauna Loa, which goes through all of our major Page 53 Hawaii County Council-26 November 15,2023 subdivisions; crosses the highway; closed us in, I would say, about 2018 or 2019; closed the highway down, (Highway) 130, to all of Pahoa, Ainaloa, the whole entire area cut off. And then it floods down into the, what you say, eastern, kind of northeastern side of Paradise Park. But because we don't have rivers and streams, there's nothing to monitor. So how do we ensure that we're looking at that flooding going on that area, and can we add that into the overall look of this study? MR. PAUSE: Thank you for that question. And in anticipation of that question, I believe Mr. Thompson was here the last time and I was not, but we had conversations this week, and I asked him what are the locations on-island should we be thinking to do this. And he listed off three or four more locations. I know one of them was the area you're talking about down by just before HPP (Hawaiian Paradise Park). There's that are that floods. And there were a couple others on-island. So, as a takeaway, we will identify those locations and look to potentially add on to this with USGS (United States Geological Survey). This is a really good program. Like I said, we've got five stations, stream gauges, and there's four other weather monitoring stations. You can actually go online to the USGS. Oahu is like 40. Maui's got 22. Kaua`i's got 17. I don't know what the hesitancy has been in the past to expand that, but clearly, as you pointed out, there are other locations that could clearly help us do this level of monitoring. And, as Council Member Villegas mentioned, especially in light of climate change, in light of just looking at our drainage requirements and those sorts of things. I am committed to expanding this, and at another time, I'll be happy to get back to you the prime locations. MR. KANEALI`I-KLEINFELDER: Just for your information, there was a draft Puna flood study or a Puna flood study that was done. I have it in my office on the wall. I had to print it out. It shows floods, flood-prone areas, and it highlights each really unique area from mauka to makai. If you don't have that, I'll help you get it. If you can find it, if you have it, great. MR. PAUSE: I'm aware of the study. I haven't looked at it in great detail. I do know that there wereI was told that there were some issues with the work that was done. But I know there's a couple of locations, especially as we start looking at potential evacuation routes and things like that that will require us to have a better understanding of floodplains if we end up putting in roads and things like that. So I'm aware of that study, and I'll follow up with that. MR. KANEALI`I-KLEINFELDER: Probably the best map I've seen of the flood areas without actually having rivers and streams. We have gullies that fill with water when we flood, but there's no river there. So it's kind of that Page 54 Hawaii County Council-26 November 15,2023 MR. PAUSE: Understood. MR. KANEALI`I-KLEINFELDER: Hard to track but extremely important. Thank you, Mr. Pause. MR. PAUSE: Thank you. CHR. KIMBALL: Thank you, Council Member. Anyone else? Seeing none, I'll just note that, Director Pause, you have been called "brilliant"twice in two days. So pretty soon people are going to want to have Director Pause status, I'm just going to say. All right, all those in favor please say "aye." Vote on Res. 329-23: The motion to adopt Res. 329-23 and Governmental (Adopted) Operations and External Affairs Committee Report No. 81 was carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. 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: STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON BILL 83 The following individual registered to speak and came forward when called by (COMM. 498): the Chair: Claudia Rohr: Comment. Page 55 Hawaii County Council-26 November 15,2023 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 Postponed: November 1, 2023 (Note: There is a motion by Ms. Lee Loy, seconded by Ms. Galimba, to pass Bill 83 on first reading.) CHR. KIMBALL: Thank you. There is already a motion on the floor. I'll start with Council Member Villegas. MS. VILLEGAS: Thank you. And thank you for postponing this in my absence during the last first reading opportunity at Council. And I'm told that you were all provided with a map in your prior—yeah, so, there have been a few, actually one pushback that I've heard from a constituent and was able to have lengthy, great discussions of which we can agree to disagree. But I continue to support this. The signs are actually in place and have been being enforced, and has helped to mitigate some of the challenges in that area. And as we move forward and continue to experience the growth and traffic on Alii Drive, I look forward to continued support from the traffic department in DPW in creating basically a parking plan for the makai side of Alii Drive. The parking spots right along our guardrails where we have our very few beach parks along Alii Drive are really priceless resources. So we want to ensure that they are available to the community and they don't get monopolized by either commercial enterprise or, unfortunately, sometimes the unhoused in their cars will post up there and cause some issues with public access. So I ask for my colleagues' continued support in passing this bill through first reading today. I yield. CHR. KIMBALL: Thank you, Council Member Villegas. Vice Chair Inaba. MR. INABA: I just want to point out, in looking at the maps, it may seem that there are a lot of areas that the bill is prohibiting parking at, but when you look at the actual street, parking really isn't available. There's no shoulder on there anyway. So, in the areas that parking is available, those areas have those Page 56 Hawaii County Council-26 November 15,2023 nighttime restrictions, and that's to ensure that the area is clear. And then there is still parking available a little to the south of the Kahalu`u Beach Park entrance. So I just want to point that out for the community in the event you are trying to access the shore at Kahalu`u. Mahalo. CHR. KIMBALL: Thank you, Council Member Inaba. Council Member Evans. MS. EVANS: Thank you. The department? Mr. Pause? Director Pause is here from the department, isn't he? (Note: At this time, Public Works Director Stephen Pause came forward to address the members of the Council.) MS. EVANS: Thank you. Just alleviate any concern about this first and second reading. I understand the first reading and why it was postponed, to make sure that the representatives from West Hawaii could be here for this discussion. But I'm just curious, backing up, when you're looking at certain streets that need to have more finetuning where the parking is and any problems with parking, what is your process for the department? So, someone comes to you and says, "This area has been " like is it the Police Department that generates it? How do you kind of kickstart it, I guess, so that you have this your department analyze it? MR. PAUSE: Hi. Steve Pause, Public Works. I'm trying to recall this one, but it was a combined effort. There were a number of requests and complaints that came in about this particular area, and I did have direct discussions with the Police Department. I also had direct discussions with Parks and Rec. (Recreation). And then our Traffic folks went out and did an assessment, which the area was well known to them to begin with,just in terms of safety, on a curve. I think someone pointed out the shoulders and activities in the shoulders. So it was really a combined effort to do an evaluation of what the situation is and to come up with something that meets the desires and the requirements and the need for safe access and safe parking. And then obviously there's also the overarching issue around commercial activities being done in a County right-of-way. I'm not going to skirt the legal definition of that here, but it's a concern because it generates traffic and people who are forced to walk in the road instead of on the shoulders. So there's a whole bunch that goes into it. But I'd say, in this particular case, the number of stakeholders, they were all engaged. And the support for this action was unanimous. MS. EVANS: Thank you for that. I'm in strong support of this. Thank you, I yield. CHR. KIMBALL: Thank you, Council Member Evans. Council Member Kagiwada. Page 57 Hawaii County Council-26 November 15,2023 MS. KAGIWADA: Thank you, Chair. I'm not familiar; I can't picture exactly where this is. What are the commercial activities that are happening or were happening in this area? MR. PAUSE: I believe there's a surf school that operates. MS. KAGIWADA: The surf school. Okay, I see. Okay. Is that—? MR. PAUSE: And according to Parks and Rec., there are other commercial activities that occur in the evening hours. MS. KAGIWADA: Some of this is going to be taken care of by the lottery for the surf school. Is that correct? MS. VILLEGAS: A different issue, but yes, the hope is that it will also (inaudible). MS. KAGIWADA: Reduce some of the commercial activity, okay. MS. VILLEGAS: (Inaudible) safety issue here anyway. MS. KAGIWADA: Okay, all right. Just trying to understand exactly what's going on there. And then I hadn't heard that there was a major issue with folks maybe staying in their car overnight or things like that, but you're saying that that was also one of the issues that you were addressing. MR. PAUSE: Yes, that's correct. MS. KAGIWADA: Okay. And when do you think you'll have additional parking available for this area? MR. PAUSE: I'm not sure about that. I don't know what else is available that we're working on. Obviously, Parks and Rec. has parking in their other available locations, but we're not presently working on any plans to expand parking there. At least Public Works is not. MS. KAGIWADA: Okay. Chair, if I could have a little leeway, may I ask since Council Member Villegas mentioned parking on the makai side, may I ask if there's a plan for that? CHR. KIMBALL: Is that your last question? MS. KAGIWADA: Yes. CHR. KIMBALL: Why don't you just ask the question and yield, and then I'll ask Council Member Villegas to actually respond to your previous question. Page 58 Hawaii County Council-26 November 15,2023 MS. KAGIWADA: Okay. Just wondering what the—if we can get a little more details on that plan for additional parking. I yield. MS. VILLEGAS: Sure. CHR. KIMBALL: Thank you, Council Member Kagiwada. And, Council Member Villegas, if I can ask you the previous question that Council Member Kagiwada asked, if you could say that into the mic so it's on the record regarding the lottery and it being a different issue, that'd be great. MS. VILLEGAS: Sure. Thank you. The issues at Kahalu`u are a combination and a collaboration of issues that nobody really wants to collaborate with apparently. That's not saying it right. There's a challenge that comes from a lot of different contributing factors. When it comes to the lottery for the surf schools and the things that have been happening, historically at Kahalu`u there have been continued requests for the rules that were put together by DLNR. It's an interesting area because you have Parks and Rec., you have DLNR that manages, and DOBOR (Division of Boating and Ocean Recreation) that manages in the ocean, and then you have County roads that have Alii Drive. And so there has become, unfortunately, too many surf schools, too many people in the water, causing health and safety issues, not only to those people but also to the fragile ecosystems there and the reef. And then you have people on the side of the road going in and out of big cars onto Alii Drive on a severe enough turn that there have been numerous health and safety issues that have been expressed by Community Policing, Parks and Rec., and DOBOR for decades now. So what we're looking at on November 17'', which is Friday, is the final culmination and coming to fruition of the lottery for the number of surf schools that will be able to operate in the bay, specifically where in the bay and whatnot. So I hope that answers that question. So that's where some of that will be mitigated. There have been, for a long time, signs that say, "No Commercial Activity on Alii Drive"right there, and they have been ignored and completely disregarded by a number of the schools there. So that was another challenge. When it comes to, and I'm not sure if you've seen this map, but I'm happy to share it with you, but what is shown in this map are the number of signs already in existence. And the only signs that have been added are signs that transition certain areas to say, "No Parking Between the Hours of 8 p.m. and 5 a.m." And those hours correspond with the hours of Kahalu`u Beach Park. As mentioned before, these are areas there really aren't wide enough roadside areas for very safe parking anyway, and there are other areas that if somebody really wanted to go to Kahalu`u in the middle of the night, they could park in Page 59 Hawaii County Council-26 November 15,2023 other places. They may have to walk or ride a bike there, but the access is not prohibited. It's just that the elimination of overnight parking in these areas provides for health and safety. And of the grand scheme of issues that we've been navigating, this was the best solution with the highest reward, eliminating the greatest amount of risk. And so, as you well know, we can't always get to perfect. But after working with DPW, Traffic, Community Policing, DOBOR, Parks and Rec., and myself, this has become the best solution we could come to for this area. And with that I yield. MR. PAUSE: If I may just add, until the last two days, I don't get very many compliments but I did get a phone call the day the signs went up. Is it Sergeant Hardie? Heartfelt thanks for being able to give them something that they can work with from an enforcement standpoint. That meant a lot that the Police took notice that quickly and were on board. Thank you. CHR. KIMBALL: Thank you, Director. I'll come back to you, Council Member Kagiwada. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I appreciate what's in front of us because I've done this in Kalapana. And it began with a traffic study, Traffic Division report, and then there was a period of waiting and thenI mean, are those installed now, the signs in Kalapana? MR. PAUSE: I believe they are, yes. MR. KANEALI`I-KLEINFELDER: Okay. So I understand there's a length of time it takes to get to the point or even have a piece of paper in front of you that has a map that shows you where the signs go. But, ultimately, it came down to enforceability, which is what you just said, Director. Because without the signs up, the Police Department can't enforce and they can't provide a citation, not that we want to go hand out thousands of tickets to the community. There's always a warning period and a learning period, and then there's an enforce period. But without the signs, they can't do anything. And so it's being proactive as a Council Member for your district and making sure that we're providing safety rails and guardrails for our community. (Inaudible) a plan. I like that. Yeah, I just appreciate what was done because it takes a lot to get to where we are right now and to have this document in front of us. So thank you. I yield. CHR. KIMBALL: Thank you, Council Member. Council Member Kagiwada. MS. KAGIWADA: Sorry, my question was there was a mention of parking being looked at on the makai side of the road, and I was just trying to get some clarification about what is being done around that. Is there additional parking being looked at, and if so, do we have any estimate on when that will happen? Thank you. Page 60 Hawaii County Council-26 November 15,2023 CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Villegas. MS. VILLEGAS: Yes. Okay, to clarify—I apologize for not articulating this as clearly as I had intendeda number of years ago, Highways came back with an overall plan for the parking on the mauka side of Alii Drive. So they took all of Alii Drive and inventoried it, essentially, and looked at where should be "No Parking Anytime" signs based on the width of the side of the road. Thankfully, we've got bike lanes. I think that was around the same time. But basically just looking at the whole road and coming up with where parking should be allowed for health and safety reasons, and where there shouldn't be, or if there's needs for time frames or whatnot. That has not happened yet for the makai side of Alii Drive, which has left us kind of putting together piecemeals—very grateful for them—for certain areas that have caused a little more challenges based on working with all these different departments. So I don't have, and I don't know that DPW or Traffic has, that schedule, but just to clarify, it's not about if parking has to be taken from here, providing from there; it's about really looking at the health and safety of pedestrians, cyclists, those in their cars getting in and out, and really looking at a stretch of coastline that is heavily utilized. It is the only outlet for a number of people during tsunami or any other kind of crisis. And so really having a more organized, thoughtful, and planned out where and how people should be able to park on that ocean fronting property the road that fronts the ocean. Thank you. CHR. KIMBALL: Thank you, Council Member Villegas. Anyone else? All right, seeing none, all those in favor of adopting Bill 83 at first reading,please say Ic aye. Vote on Bill 83: The motion to pass Bill 83 on first reading and adopt Policy (Approved) Committee on Infrastructure and Assets Committee Report No. 2 was carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball –7. Noes: None. Absent: Council Members Galimba and Lee Loy –2. Excused: None. STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON BILL 95 The following individual registered to speak and came forward when called by (DRAFT 2) the Chair: (COMM. 543.2 : Page 61 Hawaii County Council-26 November 15,2023 Claudia Rohr: Comment. Bill 95: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-280, (Draft 2) SCHEDULE 28, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION), RELATING TO NO PARKING AT ANYTIME UPON CERTAIN STREETS OR PORTIONS OF STREETS Adds a provision to prohibit parking alongside a section of Old Mamalahoa Highway that fronts the De Luz Quarry adjacent to an exposed lava tube. Reference: Comm. 543.2 Intr. by: Ms. Lee Loy (B/R) Approve: PCIA-3 Vote on Bill 95: Mr. Inaba moved to pass Bill 95, Draft 2, on first reading Draft 2 and adopt Policy Committee on Infrastructure and Assets (Approved) Committee Report No. 3. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Bill 66: AMENDS CHAPTER 5, ARTICLE 4, SECTION 5-4-3, OF THE HAWAII (Draft 2) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO INSTALLATION OF PHOTOVOLTAIC SYSTEMS Amends Subsection (f)by requiring a professional electrical engineer licensed in the State of Hawaii to prepare, design, and stamp electrical design drawings and specifications for residential photovoltaic systems if the system exceeds 10 kilowatts. Reference: Comm. 435.2 Intr. by: Mr. Kaneali`i-Kleinfelder First Reading: October 4, 2023 Postponed: October 18, 2023 (Note: There is a motion by Mr. Kaneali`i-Kleinfelder, seconded by Ms. Villegas, to pass Bill 66, Draft 2, on second and final reading.) (Note: Communication 435.7, from Council Member Matt Kaneali`i-Kleinfelder dated November 6, 2023, transmitting information relating to Bill 66, Draft 2, was circulated. Communications 435.8 through 435.12, transmitting proposed amendments to Bill 66, Draft 2, were also circulated.) Page 62 Hawaii County Council-26 November 15,2023 CHR. KIMBALL: Before you make the motion, Mr. Kaneali`i-Kleinfelder, I'm just going to remind everyone about the recommendations with respect to decorum earlier in the conversations today. We have meandered a bit on this bill in the past. And also, since I'll be introducing an amendment on this item, I'm going to pass the gavel to Vice Chair Inaba. Relinquish Chair: At this time, Chair Kimball relinquished the chair to Acting Chair Inaba. ACTING CHR. INABA: Mr. Kaneali`i-Kleinfelder, you have the floor. MR. KANEALI`I-KLEINFELDER: Thank you very much. I'm going to start back to the beginning on this one because it's been a while being postponed. I won't bore you but I do want to set a base level of understanding here. I thought about the way we introduce bills and the way that I introduce bills. And I apologize to this body because I have a lot of experience in this field. And so I bring something forward and I almost expect everyone to be at that level. I can't be at your level for other things, and you may not be at the same level I'm at with my understanding. So I figure to kind of stay baseline and just walk through a PV (photovoltaic) system. PV system in Hawaii. The first step, if one of you wanted to buy one or someone in the public wants to buy one, they've got to approach a contractor who has a license to do business in the State of Hawaii as an electrical contractor. Any good contractor is going to go with this person who wants to buy a system. They're going to go to HELCO (Hawai`i Electric Light Company, Inc.), Step 1, because they need to get HELCO's approval for that system. If you don't have HELCO's approval to install a system, then you shouldn't be putting it on. And there were some very unsavvy business people in the past decade who would put PV systems on without HELCO approval. And when the system was finished, they couldn't actually turn it on because HELCO never gave them approval to start and wouldn't turn the system on and energize. That was extremely problematic. So HELCO is the No. 1 step. That agreement with HELCO to provide you space on their grade for your PV system, Step 1. HELCO then does a very simple review of the system as a whole from the company that is providing it to them, the electrical contractor. And with that approval or denial, a customer can then move forward with the electrical contractor to begin the permitting. Permitting goes through the County, a completely separate, different agency, through our EPIC (Electronic Processing and Information Center) system, now that we've been putting it in EPIC. The County reviews that permit and then approves or denies the permit back to the customer and the contractor. The contractor can then proceed with building the system. Upon being built, the County would come back and inspect the Page 63 Hawaii County Council-26 November 15,2023 system, using our County inspectors, many of whom I've interacted with frequently. Upon approval, the utility is notified. And upon very simple approval from the utility, because they already know what's coming in from the contractor for this specific TMK tied to a meter, the utility would energize the system as long as everything's in good shape. So that's the real basic backbone to how a PV system gets from a customer wanting one to how it's on your roof and turned on with the utility. There's some important aspects of that. The utility does not inspect PV systems, and I'm calling that out because it was stated in a previous meeting by someone. It's important to have the baseline. They don't inspect PV systems. And I had to go back. The comment was made and I had to go back and revisit. In your folder, if you look at Communication 435.9—and I couldn't answer this at the time or speak to it—but in this memo from the utility, they're confirming in writing on letterhead that they do not perform any inspections or witness verification tests for solar photovoltaic systems less than 30 kW (kilowatts) in size. This applies to all service territories including Oahu, Maui County, and Hawaii County. Inspections to check for code compliance—NEC (National Electrical Code), NESC (National Electrical Safety Code)—are left to the respective counties. That's incredibly important because the counties are the AHJ, the authority having jurisdiction. We are the ones who approve a permit, issue a permit, check the permit, and then inspect it to make sure it was done to the drawings submitted to the County, and that the work was done by a contractor and done correctly. These are your safety checks. That's good base information for you to have as well. I'm going to go back because we touched on this a little bit, and there were some interesting comments that this bill is out of alignment. So I provided you the county codes from Oahu, from Maui, and Kauai in your communication packet, Communication 435.7. And if one was to have read this beforeChair, latitude please? ACTING CHR. INABA: Mr. Kaneali`i-Kleinfelder, if you are going to make any motions for amendments, it needs to be done now or I'm going to have to go on. I'll give you 30 seconds just to point us in the right direction, but we need to move. MR. KANEALI`I-KLEINFELDER: Okay, thank you. Within 435.7, you have three different sets of county codesHonolulu, Maui, and Oahu—each one having a specific section that touches on what I brought forward, which is that an engineer is not required to stamp drawings less than 30 kilovolt-amperes; kilovolt-ampere being a watt, so kilowatts. That's Honolulu. Kauai is at 45. Anything less than 45 kVA (kilovolt-amps) or kW does not require an engineer's stamp. And then for Maui, again 30 kW not requiring an engineer's stamp. Page 64 Hawaii County Council-26 November 15,2023 This bill was brought forward as 30 kW. It was requested by the department to be watered down to 10, and that's what you have in front of you today. That is your baseline from which we can begin this conversation. Thank you, Chair. ACTING CHR. INABA: Thank you. Further discussion? There are amendments in our pinkie (folders)today, and so if anybody wants to take those up. Council Member Kimball. MS. KIMBALL: Thank you, Chair, and thank you, Council Member Kaneali`i- Kleinfelder, for the additional background information and a little bit broader- brush framing the conversation. As I am apt to do after our last hearings and then following additional conversations with the Director and the department, I did try to come up with an amendment, which is contained in Communication 435.8. Motion to Amend: Ms. Kimball moved to amend Bill 66, Draft 2, with the contents of Comm. 435.8. Seconded by Ms. Kagiwada. ACTING CHR. INABA: Council Member Kimball. MS. KIMBALL: Thank you, Chair. So just trying to keep it real simple, but responding to some of the comments made by the body as well as my understanding of the concerns with respect to the department and the Building Division. And so what this amendment proposes is that the word"new"be put in front of the "residential installations greater than 10 kilowatts." So any new installations that are less than 10 kilowatts would not require a PE (professional engineer) stamp, a professional engineering stamp. And then any existing photovoltaic systems, if there were additions, that would be another scenario that would require a stamp. So it's addressing, to some extent, that concern of adding on pieces that would be maybe less than 10 kW individually. But then, more importantly, in the conversation that I had with the Director and the department, and maybe it would be best to bring one of you forward to kind of discuss that concern about if you're adding to an existing system, there's some additional things that need to be looked at that wouldn't necessarily be relevant when you're dealing with a brand new system. So maybe if you can speak to that a little bit, Director Pause, and then I'm happy to yield the floor for conversation. I'm not sure I got this right, but this was my attempt to find some middle-ground language here. Thanks. (Note: At this time, Public Works Director Stephen Pause came forward to address the members of the Council.) MR. PAUSE: Thank you. Steve Pause, Public Works. Yeah, we had some discussions just to back up for a little bit. I did want to just address one thing. We, the department, arrived at a number of 10 kilowatts based on comfort. You made the statement it was watered down. I don't see it quite like that. We went Page 65 Hawaii County Council-26 November 15,2023 to our inspectors. We went to our senior staff. We went to our electrical engineer. And I think we've provided in the past the basis for the 10, which isI simply call it the 80-20 rule, but it may actually be the 85-15 rule that 85 percent of the applications that come in are for residential applications that are less than 10 kilowatts. So I'm aware that the counties of Maui and Kauai and City and County have different criteria and different requirements. But I also remember one of our electrical supervisors—Gary—making a statement that, "Yeah, we're comfortable. Let's try this." And I think the mindset within the department is "Ten is a good place to start. Is there an opportunity to go to 15, to 20, up to 30 in the future? Yes, but this is actually a really good place to start." The second item was, and this speaks to the amendment, again going through discussions within our department, and then I actually reached out to a PV contractor/installer, if you will, and asked them some similar questions. The components for systems that are fairly, I guess people like to say, "plug and play." However, the complexity of looking at a system that's installed, and maybe even adding a battery to it or putting in a parallel system, "I've got 20 panels on my house going to an inverter, and I want to put in another 20 to another inverter and connect it to the same bus bar and, you know, tie it into my 100 amps service or whatever I have," it's our feeling that something like that should fall under a professional engineer's stamp just because it's not quite as simple as plugging in like-like components. The folks that I talked to said there is sometimes—well, sometimes you need to upsize wiring. Somebody needs to look at the wiring. Is it an older house? Does it have a 100-amp box? Is that an 80-amp box? Does it have fuses? The general consensus within our department was, to feel truly comfortable with 10 kilowatts, brand new installation, fine. Any, and I think your statement said "any additions," I guess I'd go one step further and say any additions or modifications to any existing system, we would like to see a professional engineer's stamp. So that's kind of where we've come around on this issue. MS. KIMBALL: Thank you. I'll just summarize real quickly again on the amendment. With the way this is worded new system, no stamp if it's under 10 kV (kilovolt) if you've got a system already existing and it's 3 and you're going to do another 3 kW, then you're going to need a stamp even though it's still, in total, under 10. And I guess what struck me in my conversation with Director Pause and the Building Division folks was there's so many sort of unusual scenarios out there that it just seems logical to try it out and say, "Okay, if it's a modification or if it's an addition to an existing system, we want that PE stamp." My dad was a bit of an amateur engineer; that's probably an insulting statement. But he tried to do our home PV system, right. And if that's a scenario, I definitely Page 66 Hawaii County Council-26 November 15,2023 would want an actual engineer to look at it. But that's what we're trying to get at here. There's just a lot of different potential scenarios when we're adding to an existing system, depending on when they were created. I know that there are other amendments that speak to this, but introduced by Council Member Kaneali`i-Kleinfelder. But that's what I've got to propose at this point. Thank you, I yield. ACTING CHR. INABA: Thank you. Just a reminder we're on Communication 435.8. There's seven words that are being proposed to be added, so if we can focus on just this simple amendment. Council Member Evans. MS. EVANS: Okay. I'm focused on the language "additions to existing residential photovoltaic systems." So I guess I'm kind of confused here because I think if someone wants to add additions, would they be required to get an electrical permit? Now that's different than this language that says you have to have a professional engineer design and stamp it. So I'm confused what's required for electrical permit versus this, which is saying you need because, my impression is we have qualified people to go out under electrical permits and doing inspections. So why can't they inspect exactly what you were saying, how it gets connected to the—how do the two wires get connected? Because, you're going to have an inspection anyway. Aren't they going to get an electrical permit anyway? MR. PAUSE: Let me try to unravel that. MS. EVANS: Okay. MR. PAUSE: Yes. Everything we're talking about requires an electrical permit. And we have inspectors that will go out and inspect the work, that it was done to plan and to Code. When plans are submitted, they're reviewed. And when those plans are submitted and they're stamped by a licensed electrical engineer, it adds one additional level of making sure it's right and to Code. So our inspectors are qualified. They're either master electricians or journeyman electricians, but they're qualified to go out. But their job is to inspect to the plans. And, yes, sometimes things get missed on plans and they find something, and they work with the contractor to make those amendments or changes. But what we're talking about is providing a good set of plans to the inspector so that when he goes out, he can inspect. That's his job, inspect what was installed to the plan. Where we feel most comfortable and the Building electrical inspectors are most comfortable is to be going out in the field with a set of plans that had been stamped by a licensed professional engineer. Page 67 Hawaii County Council-26 November 15,2023 MS. EVANS: Okay. But it is a requirement when people ask for an electrical permit, to give them a plan. The only difference is that plan may not have a stamp on it. MR. PAUSE: That's correct. What we're talking about is for a brand new installation. If someone comes in with a set of plans, and that installation is for a system that's 10 kilowatts or less, it will not have to be stamped by a licensed electrical engineer. MS. EVANS: Well, I believe the processI think the process, I have confidence that you have hired capable people. I believe that when people submit their permit, they do have to give you a plan, and I just don't support this amendment. Thank you, I yield. ACTING CHR. INABA: Thank you, Council Member Evans. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Mr. Pause, the first part, new residential installations greater than 10 kW, that's basically what we had in front of us in the beginning. This really started out as a very simple, extremely simple, amendment, yeah. It was like five words, six words. Sorry, not amendment but a bill. This next section is problematic, and I'm going to ask you some questions to see if I can help elucidate why. I'm going to give a metaphor first. If you had a plug in your house, do you call an engineer to stamp off on a contractor's work? MR. PAUSE: No. MR. KANEALI`I-KLEINFELDER: No? Good. So my metaphor is simple. This language is stating any additions to existing residential PV systems. That's any addition. Define "addition"for me in your words. There's not a definition for "addition,"but define it in your thoughts, being that this came with collaboration between you and the maker, what the word "addition"means to you folks in this sense, in this context. MR. PAUSE: I think the intent was that you have an existing system, and you are going to make additions or changes to that existing system. You might add a battery. You might add more panels. You might add another inverter. Anything associated with installing additional PV equipment on a residence that has a system currently functioning. MR. KANEALI`I-KLEINFELDER: Okay, so any addition. I add one panel, engineer stamp. I remove and replace inverter, engineer stamp. That one's questionable. There's another part of the Code that touched on that, but I'm trying to make a point here. Anything now requires an engineer stamp. Small Page 68 Hawaii County Council-26 November 15,2023 system, 3 kW, 6 panels, 10 panels. I add 2 panels to fulfill the system I put in 20 years ago, engineer stamp. What changes on the system? Because if I just touch the PV panels, what changes on the system? MR. PAUSE: You're getting into levels of granularity here MR. KANEALI`I-KLEINFELDER: I am. MR. PAUSE: And I can appreciate that. MR. KANEALI`I-KLEINFELDER: Thank you. MR. PAUSE: And your six words are now going to become six paragraphs, quite frankly. If you want to start putting in exclusions, it could be done. But I think again, I'll speak to our folks and they're the experts. And the level of comfort associated with doing modifications on a house that has an existing system, they said, "We would like to see a stamp," and I support that. And quite frankly, the people that I reached out to asked me, "Why wouldn't you want a stamp on every set of plans," okay, and I can't answer that question. We're here. We've discussed 10 kilowatts, something that you've expressed would be a good thing for the community. I think you've heard me say I'm all on board for things that are good for the community. But within this particular discussion, our limit is 10. We're on board up to 10. MR. KANEALI`I-KLEINFELDER: I hear you. But again, back to that. This problematic section is additions to existing residential systems. It doesn't call out anything more than additions. There's no definition. And I'm not trying to make this—my job is simplicity in language so the end user, people who adhere to these codes, can go, "Yeah, that makes sense. I get it. It's easy." This means anything. And while I understand your point, I'm not seeing it. Because, we're allowing no stamp for new systems less than 10. But this could be a tiny system that changes a panel and we're saying you've got to have an engineer's stamp. That's problematic because a system what is a definition of a system? Well, how do we look at a PV system? This is important. MR. PAUSE: How do I look at—well, first of all,you have the expertise and I don't MR. KANEALI`I-KLEINFELDER: But you're the Director. MR. PAUSE: But it's a set of a bunch of panels that are connected to a roof or they're ground-mounted. Wiring connects to an inverter. Maybe a battery connects to the panel within the house. Maybe they're off grid. Maybe it connects back to the grid. So that's a photovoltaic system that generates electricity. Page 69 Hawaii County Council-26 November 15,2023 MR. KANEALI`I-KLEINFELDER: Okay and when we look at that, there's a specific number we use to gauge the size of the system. It's not the panels. What is it? ACTING CHR. INABA: Mr. Kaneali`i-Kleinfelder, your concern is with the word "additions" here, so if there's more questions specific to "additions," it's not necessarily modifications. The word is "additions," so I want us to stay focused on that. And I think everyone has their thoughts on this amendment. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. So, Mr. Pause, "additions"being in relation to the kW of the system, we look at the main play rating of the inverter. That is the value, correct? That's what defines the size of the system. MR. PAUSE: That's my understanding. MR. KANEALI`I-KLEINFELDER: This bill says anything you touch on that system. I can add 20 panels to an inverter. And if it can't handle it, it clips it, and there's no extra output from that system. So this language is problematic because we're saying you can't do anything without an engineer stamp. We're going to allow it for systems less than 10 kW, but we want you to bring in an engineer's stamped plans, but it doesn't even affect the output of the system. That, to me, is an issue. We're allowing one but not the other, and we're creating more bureaucracy and more issues and keeping the cost high for something that does and creates sustainable energy for our community. MR. PAUSE: You brought that up a few times. I think in a previous meeting, we talked about a professional engineer stamp costing a thousand dollars. Maybe I would argue with you and it's probably like $500. I don't think that the cost of a professional engineer stamping a set of drawings that makes the inspector more comfortable when he goes out in the field is necessarily a cost driver when it comes to these systems. Having said that, the systems that we're talking about, the additions, the modifications, in contrast to your "I'm adding five panels or three panels, and the inverter is sized for that,"what about the 20-year-old system that has had wiring eroding on it, and I want to now go out and hang a Tesla wall battery? I, as a person who owns that house, would want to have a licensed engineer to come out and check it out, and make sure that everything that I plug in that's brand new is going to work with the system that's been there for 15 or 20 years. You can look at it both ways. I don't think you're wrong, and we could clearly add more language and get more granular. On the other hand, here I am. MR. KANEALI`I-KLEINFELDER: I don't want to do that. I think we've got to remember to, is these jobs are being done by licensed electrical contractors who bear the liability if there is a problem. Page 70 Hawaii County Council-26 November 15,2023 MR. PAUSE: Understood. And they go out and they presumably say we cannot connect this to this existing panel because they have to change that out, now their licenses are on the line. I get it. It's an effort of many people. I don't disagree. MR. KANEALI`I-KLEINFELDER: Okay. Chair, I yield for now. Thank you, Mr. Pause. ACTING CHR. INABA: Thank you. Council Member Villegas. MS. VILLEGAS: Wow. I learned a lot about electrical and PV in navigating this process. I've talked to a number of different people, including a longtime friend who works for HELLO. Thank you for bringing forward the documentation to clarify some of what I don't think were intentional misstatements that may have led to deepening some misunderstandings on how things happen elsewhere. When I look back at the original form of Bill 66, and it was literally five words that were included, it appears to me that, prior to this, all PV systems that are put in required the stamp of an electrical engineer. Correct? MR. PAUSE: That's correct. MS. VILLEGAS: Okay. MR. PAUSE: For the County of Hawaii. MS. VILLEGAS: For the County of Hawaii, yes. We know now that the other municipalities, the other counties, have this has existed the change has existed in their laws prior to this. So setting precedent, creating a standard that seems to have been adopted statewide, and they've had no safety or health issues that we're aware of related to any circumstances that have caused direct threat to harm for anyone in those communities, Kauai going up to 45. So I just want to to me, in my history of sitting here serving in this role, those have been some of the parameters that we have been brought and that have been—we've been educated about that have provided the means for us to make decisions that we could stand behind, based on what's happened in other municipalities and them not having issues, and the way that our State is heading to move into really supporting PV. When I see the transition—and there's been a lot of back and forth here—some of it has been confounding to me. Some of it being if there is no potential—it's my understanding that there is no potential for County liability. Correct? MR. PAUSE: When you say "liability,"meaningI mean, we issue a building permit and we inspect to that permit and the liability, if you will. Page 71 Hawaii County Council-26 November 15,2023 MS. VILLEGAS: The liability then resides on the contractor who's putting in the photovoltaic system, correct? MR. PAUSE: One would hope that. MS. VILLEGAS: Yes, that's my understanding. MR. PAUSE: If you need Judge Strance to make a ruling content, I'd be happy to share my seat. But you would think that the preponderance of liability would go with the installer, and in the case of a stamped set of plans, with the licensed engineer of record as well. MS. VILLEGAS: Right. So, in my prior experience with some Code amendments, it was argued very ferociously that there was no need for another stamp. This was—dealt with different issues. But in the intentionality of cost and moving things along, this had to do with more of affordable workforce housing. It was argued vehemently that there was not a need for another stamp or another inspection. So that's where some of this gives me heartburn because I think that if standards apply, they should apply. I'm not comfortable with making legislation based onI just think the terminology of what somebody says—and I appreciate your standing behind your staff and recognizing them as experts in the field. There's a lot of things that I'm not comfortable with either. But in the interest of looking at what's happening in the industry, looking at what's happening in other counties, how things are being managed, what their bills are, I think that there is opportunity for some decisions to be made that might require people to step outside of their comfort zones. Because, I don't think this has to do so much with health and safety, and that's what I'm hearing, but I see no evidence of that. I see no evidence of liability concerns to the County. I wonder, you know, the cost between $500 and $1,000 to get an electrical engineer stamp, I don't have personal experience with this, but how long does that take? Who does them? Can civil engineers do them? Do any of your staff currently, licensed engineers, participate in any kind of a business model in which they provide them? So those are my concerns, and I appreciate the complication and the uncomplication. And I recognize the other amendments, and we're going to if this, then that; if this, then that. So we're doing a dance here. I really appreciate Mr. Kaneali`i-KI einfelder's willingness to go from the 30 kilowatts down to the 10. And I appreciate your department's willingness to navigate that as being the building block to create next steps. But I don't think—I have concerns with this particular amendment because I think it does the intentionality of where we need to go and actually does overcomplicate it. And so with that, I yield. Page 72 Hawaii County Council-26 November 15,2023 ACTING CHR. INABA: All right. I'll remind us again, especially with the Director here, if there's specific questions, let's try to keep them real-life situations and decide on this amendment. We can kind of see which way it might be going. Go ahead. MS. KIERKIEWICZ: Thank you, Chair. On the amendment. I'm going to be supporting it. Thank you, Council Member Kimball. I think, over the last few meetings we've had on this bill, Council Member Lee Loy has talked about ways around the system, and I think that helps to address some of the loopholes. Because, at the end of the day, and, Director, I think you illustrated a really good point, handling a really old system and now wanting to increase the capacity. I think any additions should have that stamp so that we can ensure that it's well planned, it's structurally sound, and that there is seamless integration systemwide. So I will be supporting the amendment. Thank you. ACTING CHR. INABA: Thank you. Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. I'll be supporting this amendment as well. It makes sense to me and it's what the department is saying they need to feel comfortable. I think it's good. I want to get this bill passed. Okay. Thank you, Chair. ACTING CHR. INABA: Thank you. Back to the maker of the amendment, Council Member Kimball. MS. KIMBALL: Thank you and thanks, everybody, for the discussion. Yeah, I think one of the challenges that we face is that we have to legislate broadly for the general, not the exception. So we legislate for the rule about the exception. And I think Council Member Kaneali`i-Kleinfelder has given examples of exceptions where you wouldn't want a stamp. And then on the flip side, there are definitely exceptions where you would want a stamp: It's an older system; you don't know if it can handle the additional and whatnot. This is what that tells me is that, and I know you hate this, Director Pause, that this is a situation where perhaps discretion is needed. And so what I'm going to suggest isagain, recommending that we want to have a possibility that the department requires a stamp for additions, but give the authority having jurisdiction, the department, the option to waive that requirement in the event that it is not going to be that. It's the addition of one panel. So I feel like we're inching towards a compromise that gets us to legislating for the rule rather than the exception. So my proposal would be new systems under 10 kV, no stamp. Systems with additions would require a stamp unless waived by the authority having jurisdiction in that case. Though, department could say, "This is a minor enough addition or change, we're not going to require the stamp." I think that that might be a compromise. I'd like to ask the maker to give thoughts on Page 73 Hawaii County Council-26 November 15,2023 that, in which case I would recommend passage of this amendment and then I will work on including that additional language. I'd also like to get your input on that thought, Director. ACTING CHR. INABA: Sorry, we have this amendment before us, and understanding that that could be the option. That's not the option that's on the paper in front of us. So is there any further discussion? And I think that is a good discussion once we clear this. Any further discussion on the amendment? Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I'll keep it short. To the maker of the amendment and to Mr. Pause, we have a different amendment that I believe gets us to a middle ground as well. And I'm not sure process-wise how to discuss the two but I'd like to before we do anything to the amendment at hand, I would think it'd be worthwhile just discussing the other amendment to see the difference in the two. I think it addresses what we're talking about right now. ACTING CHR. INABA: Mr. Clerk, could you provide any guidance regarding? MS. KIMBALL: Chair, if I may, I'm willing to withdraw this amendment, but I'd actually like to hear your thoughts on it before I make that. I can withdraw it and reintroduce it after we've had the discussion if necessary, but I'd like to hear your thoughts on it first. ACTING CHR. INABA: Sure. I think the amendment's pretty straightforward. I've been counting, though, so I think we canI don't have any problem with this amendment. I would support it. MS. KIMBALL: Thank you. At this time, I'll withdraw the motion. Withdraw Motion Ms. Kimball withdrew her motion to amend Bill 66, to Amend: Draft 2, with the contents of Comm. 435.8. ACTING CHR. INABA: Thank you. Communication 435.8, the motion to amend with that has been withdrawn. Back to the main motion, to approve Bill 66, Draft 2. MR. KANEALI`I-KLEINFELDER: On the main motion, thank you for the discussion. Motion to Amend: Mr. Kaneali`i-Kleinfelder moved to amend Bill 66, Draft 2, with the contents of Comm. 435.10. Seconded by Ms. Villegas. ACTING CHR. INABA: Council Member Kaneali`i-Kleinfelder. Page 74 Hawaii County Council-26 November 15,2023 MR. KANEALI`I-KLEINFELDER: Thank you. And thank you for the discussion. This is good and this is healthy. Director, do you have the amendment that we're discussing in front of you? Okay, good. So this, to me, really is a middle ground and in a lot of different ways, and I'll hit them. Thirty kW is the low level for all the other states. No engineer stamp. No public safety issues. No screening policy questions from the counties. Great. That's the new part. And keeping in the "new,"because that's new systems now under 15 because I'm looking at 30 as the floor for all the other counties. So new systems under 15. This really is a middle ground for me because I started with 30, remember, and then we went down to 10 on behalf of the department, okay. The next one, though, this is where I I'm trying to modify this language so that we hit the right area. And this, to me, was it. And this is my thoughts over the past few days in listening to the department, listening to my fellow Council Members. I'm trying to find the tightening up of the language without being overbearing. So "additions or modifications to existing systems greater than 15 kilowatts." My purpose, my intent here, is to say if you're going to modify a system and you go over a threshold, because I was hearing from the department is 10 plus 10 plus 10I still don't even know if that even applies but this here, "additions or modifications to existing systems greater than 15" says that once you modify or you add on to an existing PV system and you go over a kW threshold, that's the main play rating on the inverters, you've got to get an engineer stamp. That keeps everybody honest in the community. That creates no gaps for people to take advantage of us, and it keeps this idea of we don't want folks doing anything crazy without having an engineer involved. That's the only two changes to this. I'm stepping up to 15. As I've stated, the other counties are at 30, but because I'm trying to find a middle ground here. And I hear the department loud and clear, and I know these inspectors. I've worked with them and I've installed systems from 5 to 100 kW. There is a level at which you want to have an engineer involved. I acknowledge that. But I'm very cognizant of the other counties using 30 kW as their floor, but the same inspections by the utility across the State with no public safety being deteriorated. So this, to me, really is a beautiful middle ground if you're willing to hear it. So, to the body, this is the motion I'm putting on the floor. Thank you. Open for discussion. ACTING CHR. INABA: Thank you. Any discussion on the amendment before us, Communication 435.10? Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. A clarification question. The way I read this, it seems like you could be adding 15 kilowatts to an existing 15 kilowatts and not need a stamp. Is that a correct reading of this? I yield. Page 75 Hawaii County Council-26 November 15,2023 ACTING CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Restate the question one more time. MS. KAGIWADA: Based on my reading of this, it looks like you could be adding 15 kilowatts or less to an existing system of 15 kilowatts, making it a total of 30 kilowatts without a stamp. Is that correct? MR. KANEALI`I-KLEINFELDER: I don't read it like that. Mr. Pause? ACTING CHR. INABA: Perhaps, let me just retool her question. MR. KANEALI`I-KLEINFELDER: Thank you. ACTING CHR. INABA: Your intention is that if any addition takes the total output over 15, it would then require the stamp. Is that correct? MR. KANEALI`I-KLEINFELDER: Yes, that is correct. ACTING CHR. INABA: Okay. So, Council Member Kagiwada, that's the intention of the language. Whether it reads that way or not is your concern or question. MS. KAGIWADA: Okay. Yeah, I agree with that intention. I'm just not sure this reads like that. So I guess maybe look to Corp. (Corporation) Counsel or even the department to weigh in on the wording. MR. PAUSE: I actually think Council Member Inaba nailed it. He said, "additions or modifications to existing systems that bring the total system over 15 kilowatts." Those are your words but I had already written them down. So, brilliant. MR. KANEALI`I-KLEINFELDER: That was my exact intention. Thank you. ACTING CHR. INABA: Okay. Corporation Counsel, if you could come. Please just weigh in on that to make sure we're understanding exactly understanding what the intention is and whether or not the language falls in line with that intention. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Thank you. Elizabeth Strance, Corporation Counsel. I think the answer is yes because if you read this section along with Section 5-5-1(b) of the Hawaii County Code, that provision says that once a permit is issued, there shall be no changes, modifications, or alterations to the existing permit. So Page 76 Hawaii County Council-26 November 15,2023 somebody comes in for 10 kilowatts, they get a permit. And as I understand the Code, and mine is a lawyer reading of the Code, this Code has—it's difficult to read the Code, each provision in isolation of the other because it is a comprehensive Code and guidebook for construction. And in this provision, the electrical (inaudible). So something is permitted. That plan is the work permitted. If there are additions or alterations to that plan, then a new permit must be granted and the entire new system now, this amended system, is evaluated. And if I heard the testimony of our DPW group last time, which was what I had heard them say is if somebody comes in on a 10, 10, 10, the second 10 they're looking at a whole new system. You look at the system as a whole. And so the language of the Code matters, and the issuance and what is provided for a permit matters. And what happens to the work that is—how permitted work is affected by subsequent work matters. And so if I'm misreading the Code because the department doesn't read the Code in the same way, then there may need to be clarifying language to kind of link the provisions. But sometimes if you add language that decouples the different provisions, then you create a different set of problems. And so I think it's important to understand and have the department tell us how they review kind of these different steps; are they treated in isolation of each other? And what I heard them say last time was no. So, based upon my reading of the Code, the prior statements that were made, yes. ACTING CHR. INABA: Okay, so I just want to clarify the answer. It's a simple question for this amendment. And I just want to make sure we have a clear answer for the language that's before us so that everyone's able to make an educated decision. "Additions or modifications to existing systems greater than 15 kilowatts." The maker is saying that if additions take the total system over 15, that's when his intention is that a stamp is required. A question was brought up by Council Member Kagiwada whether this language before us means that, or whether an additional 15 could be put on without a stamp, based on this language right here, because it's the addition or modification as long as the addition itself is not more than 15. It's either the addition itself or if it takes it via total output over 15 with the addition. MS. STRANCE: I think it goes to whether the system itself now becomes greater than 15. And it's where the word now "new" gets confusing because then now you may be decoupling. And so, without the word"new,"to me it's a little more clear because then you're looking at the entire system, and that would be consistent with how the department will look at expansions and modifications of system. So as long as it's an integrated and connecting system, then you don't decouple, because that's how the modification and amendment process works. Page 77 Hawaii County Council-26 November 15,2023 I don't mean to confuse it, but I think it's important to understand how permitting is viewed and how changes to existing permits are already used, are already evaluated. So the word"new" I think brings a different concern of mine. That second clause I think without the word"new"would mean that you don't keep adding on 15, 15, 15 without the stamps because it would be a modification of the existing system. ACTING CHR. INABA: Okay. Thank you, Corporation Counsel. We might be missing each other on the questions and answers here, but I'll open it up to further discussion. On the amendment, Council Member Kimball. MS. KIMBALL: Thank you. I see Council Member Kagiwada's point. And because I think this can be read in two ways, it could be read to say that in sum total the system remains less than 15 kilowatt hours. Or it could be read that the sum total of the additions could be 15 kilowatts in and of themselves. So you could have a scenario where your first system was 10, and you could interpret this to read, "You could go up to 25," is one interpretation. Or your first system was 10, and you could go up to 15. I think it can be read either way. And furthermore, I think, with your comment around the word "new," Judge Strance, that it almost—at the same time, if you take "new" out, which I understand what you're talking about, then that clause actually becomes irrelevant entirely. And so I think, Council Member Kaneali`i-Kleinfelder, you and I have come close to the mark but not quite hit it. And so I wouldI understand that you probably want to keep this moving and we are on second reading, so this is our last time to amend. I don't know if you want to work real hard real quick to get something done that we can all collectively agree to, but I don't think this quite hits the mark either. But while we're on it, I did want to just get the department's feedback on the 15, No. 1. And, No. 2, one of the things that I think is up for discussion here would be do we, when we're talking about additions and modifications, because of the scenario I was talking about before where we have exceptions on either side, exceptions where, boy, yeah, you definitely want a PE looking at it, and exceptions where, "This is a minor change. We don't need it." That may be part of what we need to do is that discretionary language to say that the department could waive a requirement with additions and modifications as a possibility. So, anyway, those are my questions. Please let me know if I need to repeat. MR. PAUSE: What was the question? No, let me try. We still have a preference of 10. We still have a preference to have a stamp on additions and modifications. And one of the other things that I just spoke with folks from Building in the back. One of the other concerns would be if you've got an older system and somebody comes along and makes modifications, and it was two separate Page 78 Hawaii County Council-26 November 15,2023 contractors. Ultimately, in the case where you have the potential for two contractors to point fingers at each other and you've got a PE stamp on top of that, I would think, for the consumer, that that would be a better way to go. ACTING CHR. INABA: Additional questions, Council Member Kimball? MR. PAUSE: Just also you did ask one more thing about discretion and the authority having jurisdiction. I don't want to belabor this, but I did read the correspondence that Council Member Kaneali`i-Kleinfelder provided about the other jurisdictions. And there's nothing specifically about the size of a system for City and County. There's nothing specific. But then they do reference their electrical code. And interestingly enough, their electrical code talks about 30 kVA, and that work done on systems that have a demand load of 30 kVA or less don't require a licensed engineer stamp, but the approval of an engineer shall be required only if the building official so directs. So there's kind of like that out clause. And I don't mean to make this thing more convoluted than it seems like we might be doing here. So I kind of want to just bring that forward, that it appears even though there's no size limit, that there is some discretion allotted the building official if in fact they see a set of plans and, "Gee whiz, do we really want to have an engineer look at this and stamp it?" MS. KIMBALL: So again, in just speaking to this idea of legislating for the rule rather than the exception, generally you guys are doing permits for new PV systems that are under 10 M And that's where we these are the 85 percent of the permits. Is that correct? So that's the rule, right, new systems under 10. MR. PAUSE: Yeah. MS. KIMBALL: And then we have these exceptional situations. In some cases, permit doesn't necessarily need a PE stamp. In other cases, they might, depending on how old is the system, whatever. A lot of dependencies. So that'sI think there's merit toI can't support this amendment as is because of that dual interpretation. So I think the wording is not quite there anyway, but that would be my proposal going forward, is we work on something that has a discretionary component that would allow the department to waive a PE stamp for additions and modifications that were insignificant. All right, I yield, Chair. Thanks. MS. STRANCE: May I ask a question just so that I'm understanding in case this goes back out for further revision? ACTING CHR. INABA: Sorry, if you could speak a little bit closer in the mic. Thank you. Page 79 Hawaii County Council-26 November 15,2023 MS. STRANCE: Thank you. Would it be all right if I ask a clarifying question just to make sure I'm understanding what's being said? In my understanding that there would be general comfort in language that would read that—I'm just going to do (inaudible) a professional electrical engineer for residential installations that result in a greater-than-10 kilowatt load. Is that the gist of what I'm hearing you folks say, is that there's a—it's the cumulative impact that is of most concern to you? And if the language was written in a way that was clear that it was that load that was the driving consideration, that that would bring greater consensus to the amendment? MS. KIMBALL: May I respond? ACTING CHR. INABA: Yes. MS. KIMBALL: No. The concern is that there are, not the norm, but exceptional scenarios where you're adding on to a system, regardless of the size, that might result in the department wanting a professional engineer to look at it. And so it could be a cumulative system of 8. It could be a cumulative system of more. But the concern that I heard from the department when we talked about this was that it's more what system exists and what you're adding on. It's going to be unique to each case. It's not really just the math. MS. STRANCE: Thank you. I can work with that. ACTING CHR. INABA: All right. Council Member Evans. MS. EVANS: Thank you. I don't support that. But I think you've asked her to at least draft something, so maybe we'll have an amendment to have that discussion at our next meeting. But I do not support that thought of someone having 2 or 3 kilowatts and then you're going to force them to a structural engineer. And I'll only say this: I have confidence in your electrical permit. I have total confidence they'll go out; they'll inspect it. They know what they're doing. I don't feel it's necessary to have that structural stamp. Thank you. I yield. MR. PAUSE: Could I just clarify that? We're not talking about structural engineering here. We're talking about licensed electrical engineers. The structural stuff really only comes into play if you're not following the standard for the attachments that we have for roof-mounted systems. Then if you're going to do something different, you need a structural engineer. Or if you're doing a ground mount system, then you need to have a structural engineer for that. But we're not talking about structural. What we're talking about is a licensed electrical engineer that will look at the electrical diagrams, the one lines, the interconnections, the wiring sizes, all of the various components of the system. Page 80 Hawaii County Council-26 November 15,2023 And I think, in this particular case, I think what's in front of us is with this 85 percent rule, the department acknowledges that and is fully supportive that 85 percent of the permits that have come in will not need to be stamped by an electrical engineer. What we're having the discussion about isI believe what we're having the discussion about is when somebody comes in with a set of plans that's proposing to modify a system that they currently have, or add on to the system or put in another system at the same location, the department would like to be able to see a licensed engineer stamp those plans irrespective of whether it's 2 kilowatts or 10 kilowatts or higher. ACTING CHR. INABA: Alrighty, any further questions, Council Member Evans? MS. EVANS: No. MR. KANEALI`I-KLEINFELDER: Chair? ACTING CHR. INABA: Yes. Before you withdraw, though, if you are going to withdraw, I would like to share my thoughts. MR. KANEALI`I-KLEINFELDER: Sorry, one more. I just want to follow up with them. ACTING CHR. INABA: Go ahead. MR. KANEALI`I-KLEINFELDER: Ms. Strance,that was my intent for the question about hitting a sum. The sum is important to me because that's size. That's output. That's amperage. That's breakers. That's wire sizing. So, to me, as an electrician, when you step over a certain threshold, you are touching on things that you should have an engineer be looking at. And when I look at a stove requiring a 50 amp breaker, okay, but you don't need an engineer stamp off on a plug for a stove. You can have a contractor put that in. You should get a permit for the work, but you don't need an engineer stamp off on it. PV systems of a certain size don't even hit a breaker required for a stove. So we're touching on real basics here, and I want you guys to understand that. Some of these things that we're talking about, this 10 to 15, I mean these are breakers that wouldn't even be the size of your stove. But we're requiring engineers to be involved in the process. So, to me, yes, the size is the intent. As far as the waiving, the waiving is referenced in another county. I'm glad you brought that up, Mr. Pause. So I want everyone to be cognizant of—this is the reality. For me, I'm looking at boxes in my head and wires and breakers going different places. That's what I'm seeing as we're talking right now. And I'm trying to write legislation to make sure that we're not just burdening for no Page 81 Hawaii County Council-26 November 15,2023 reason, and I feel that we are. And that's where this all started from, was other counties don't and we do for everything. There's an unbalance there and I'm trying to bring balance to it, therefore the simplicity. To the amendment, I get your point. Not intentioned, Ms. Kagiwada, to give us the ability to do 15 and 15 to make 30. But the intention was—and, Ms. Strance, I heard your answer. I just want to check back in. So you're saying the reading on this is the "new"becomes an issue? So we're saying no stamp for new systems, okay, over 15 kW. That's Section 1, comma. Do you have the amendment in front of you? MS. STRANCE: Well, I guess because the there's another provision that talks that's a specific way that you can't modify or change permits. Arguably, every permit is for a new something. So I would worry that the "new" allows for there to be something distinct where the other parts of the Code say if there's any connection between the two, it's a modification. And so I don't know how you given those other provisions, I don't know how you distinguish new from a modification. And so I'm not sure exactly where it gets you, and I apologize if I'm misunderstanding how the real world works and really just looking at how the Code reads. That's my thought. MR. KANEALI`I-KLEINFELDER: Okay, I mean originally we did start with I've got to go find it. Hold on a second. I want to see where we started from. Sorry, Chair. So, no stamp for installations greater than 10 kW. Very simple. Sorry, no stamp for systems less than 10 kW. That was it. That's the original bill. It was very simple. If you're not over 10 kW we're not talking about additions or modifying anything no stamp. That was the original bill. So we're trying to find this middle ground, but I feel like we've actually lost—we're losing touch MS. STRANCE: I think that if the intent is the maximum load, similar to the portion that was read in by Mr. Pause, that might satisfy more people because it's the sum total no matter what. MR. KANEALI`I-KLEINFELDER: I like that too. It makes me happy as an electrician. Mr. Pause, what are your thoughts here? We're kind of working right now to figure this out so we can get this done today, so we don't waste anymore taxpayer money on trying to figure out how to reword a five-word bill. MR. PAUSE: I'm not sure what I'm commenting to. Are you saying we're going to go back to the original language? And maybe could somebody read what—I'm sorry. MR. KANEALI`I-KLEINFELDER: Sorry, Chair,please. A littleI'm just going to reword Page 82 Hawaii County Council-26 November 15,2023 ACTING CHR. INABA: I have some suggestions that I could offer that I think would help us. MR. KANEALI`I-KLEINFELDER: Okay, let me ACTING CHR. INABA: Yeah. MR. KANEALI`I-KLEINFELDER: Okay. Mr. Pause, the original wording was stamp required for installations greater than 10 kW. That was it. And the change we're making is installations greater than 10 kW. That was the amendment to the Code as it stands. Very simple. The Chair has some suggestions. I'm going to yield. That's where we started from. That was it, okay. ACTING CHR. INABA: Thank you. All right. So, with this amendment, based on what the department has said, I can't support the amendment before us. They said 10 and I'm going to go with their professional opinion on this. So it needs to be 10 if I'm going to support an amendment. I think what we've come to is the total output not being over 15, based on what I've heard in our discussion. So if we were to just retool some of the language in these amendments, stating that for residential installations that result in a total output of greater than 10 kilowatts. And that covers both new installations or additions to or modifications. Once it takes us over 15 kilowatts, it's going to need a stamp. That's my k6kua, if you will, based on the conversation I heard, but I can't support the amendment before us. MR. KANEALI`I-KLEINFELDER: In response, Chair, if I may. I like that. Would the department support that language that was just stated? MR. PAUSE: I'm going to attempt to try to read that back. So it becomes, for residential installations that result in a total output of ACTING CHR. INABA: Greater than. MR. PAUSE: Greater than 10. ACTING CHR. INABA: Kilowatts. I'm not sure output is the correct term, but MR. PAUSE: That sure gets us back to simplified language. ACTING CHR. INABA: So, that's my thoughts. We have a motion on the floor right now with this amendment. Is there any further discussion? Will you be withdrawing or will we take a vote? Withdraw Motion Mr. Kaneali`i-Kleinfelder withdrew his motion to amend to Amend: Bill 66, Draft 2, with the contents of Comm. 435.10. Page 83 Hawaii County Council-26 November 15,2023 ACTING CHR. INABA: Back to the main motion, Bill 66, Draft 2. Council Member Kimball. MS. KIMBALL: Thank you, Chair. So I'm going to have my legislative assistant help with this real quickly, but what I'm proposing here is "will be required for residential installations with a cumulative total of greater than 10 kW, no stamp." So that would be—Director and Building Division folks, that would mean that anything with a cumulative total of less than 10 kW would not require a stamp. ACTING CHR. INABA: 10 or less. MS. KIMBALL: A cumulative total, though. That's the important part. So modification that got you over 10 would require. Is that acceptable? MR. PAUSE: Yeah, that sounds good. I'm not going to turn around and look at Julann. Is she saying yes or no? MS. KIMBALL: She's got a poker face back there. Is that acceptable? MR. KANEALI`I-KLEINFELDER: I have one comment. ACTING CHR. INABA: Council Member Kimball, do you yield? MS. KIMBALL: I yield. ACTING CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Begging the question, the existing language in Bill 66, Draft 2, residential installations greater than 10, have we come right back to that? How was what we're proposing different? ACTING CHR. INABA: Because we're talking about—we're closing up the loophole for additional installations. So if you had 10—right now, based on what's before us, Bill 66, Draft 2, we have installations greater than 10. So you could put 10. You could put 10 more. There's nothing banning that. MR. KANEALI`I-KLEINFELDER: Okay. ACTING CHR. INABA: What we're saying is the total. That's why we're putting in that total language. MR. KANEALI`I-KLEINFELDER: I like that. And then checking with the department. Mr. Pause, when the department views incoming applications, do you see it? This kind of came up before. I think Gary touched on it. Ms. Kagiwada asked the question. Page 84 Hawaii County Council-26 November 15,2023 MS. KAGIWADA: Yup. MR. KANEALI`I-KLEINFELDER: When they come in, say someone has a say they have a 5 kW system. If they come in with another 10 kW system, does your department view that as two separate entities? It's attached to the same TMK, same meter; who cares about the contractor, whatever. MR. PAUSE: It would require another permit. So you've got 5, and a few years go by and you want to add 10 more, then it would require another permit. And under the current situation, that application would be stamped by a licensed engineer. MR. KANEALI`I-KLEINFELDER: So a new permit. But the question for the department is do you view that as a sum total already, or do you view it as two separate systems? Because, in my mind, you guys look at this as a sum total system. It had a 5; here's a 10. Now it's a 15 kW system. Regardless of what permit number it is, you've got to view it as a whole. Does that not happen? MR. PAUSE: I'm not sure about that. I'm also not quite sure of the relevancy. MR. KANEALI`I-KLEINFELDER: Because it brings us back to the bill. MR. PAUSE: So, if they've got 5 and then they added another 10, and now they come in and they want to add another 5, then they would be adding 5 to a 15 system. MR. KANEALI`I-KLEINFELDER: The relevancy for me is if you guys are viewing as a sum total, then this language actually works already. If you're not viewing it as a sum total, then we have the loophole that was talked about. It's really important that I haven't been able to get this answer yet. This is the departmental procedure that drives our decision-making. And I hate to drag this out, but this was very helpful actually. See if you can find the answer. ACTING CHR. INABA: What is your specific question here? MR. KANEALI`I-KLEINFELDER: Do you have your question, Mr. Pause? Do you understand the question? MR. PAUSE: I do understand the question, but it's not an area that I play in everyday, so that's why I'm looking back at Kelly. But then he's not the electrical guy either, but maybe he could add. Maybe he could bail me out here. MR. KANEALI`I-KLEINFELDER: Understood. Let's work on finding the answer. For now, Chair, I yield. Page 85 Hawaii County Council-26 November 15,2023 ACTING CHR. INABA: All right. I believe Council Member Kimball's office is working on an amendment right now. Can you restate the question for everyone very clearly? MR. KANEALI`I-KLEINFELDER: Okay. Mr. Wilson, thank you for being here today. Question for you is, and this is in relevance to this whole conversation because we started out—sorry, we've ended up at a place where we're talking about the installations being greater or lesser than 10 kW. The question I'm asking is when it comes into the County, you have an existing system already on a home, a PV system, whatever it might be, let's just call it 5. Someone comes in and they say, "I'm adding 10 more. I'm adding a 10 kW system, two more 5 kW inverters," okay. When it comes into the County, do you guys say, in your processing or application review, do you look at the 5 as separate from the two new 5's coming in? Two separate systems? Or do you go, "No, this is now a 15 kW system"? This is very relevant because if you look at it that way, this language puts us in the right place already. (Note: At this time, Deputy Building Chief Kelly Wilson, Department of Public Works, came forward to address the members of the Council.) MR. WILSON: Okay, they would both be permitted separately. So there would be separate systems until they get to the connector box, and then it becomes one system. MR. KANEALI`I-KLEINFELDER: Okay. So they become one system. Does the department view them as a whole when you review the—if you're reviewing the system before approval, are you going to look at it as existing system and new system put together? Or you'll just say, "New system looks good; away you go"? This is important. This is totally departmental. I've always wondered this. This has been on my list of things to find out in life. MR. WILSON: Repeat the question again. Okay, sorry about that, Matt. Your total would be the sum of the two. MR. KANEALI`I-KLEINFELDER: Yes. MR. WILSON: So then it would become one system, but they would be reviewed and permitted separately. So, with that, once it gets to the connector box, that's where it becomes one system and that's where it produces out to HELCO if it's on grid. MR. KANEALI`I-KLEINFELDER: Agreed. That's what my brain tells me logically. Electrician, it's all coming back to one place. It's the department review. This is important. So, first thing, installations greater than 10 kW require a stamp. We're talking about this ability for someone to come in and keep adding under 10's to get to a thousand or whatever it might be. I'm wondering if the Page 86 Hawaii County Council-26 November 15,2023 department would ever even allow it to happen, because as soon as they step from 5 or anything over 10, you review that system now as a whole as a 12, as a 17, as a 35, as 116, whatever it might be. Is that the process within the department? And we can't see that. That's the back end. MR. WILSON: I believe that would be the answer, yes. MR. KANEALI`I-KLEINFELDER: I think so, too, and I think I remember Gary saying something as Ms. Kagiwada questioned last time on that. And I think that's why the other counties are so simple in their Code language, is because we can explain in a way over here, but the reality is, as you look at it and review it, you see more or less than a certain number, but you see it as a whole. MR. WILSON: As a whole, yes. MR. KANEALI`I-KLEINFELDER: Yeah. And I think that's what Gary said too. So, in that case, the simplicity language within 66, Draft 2, becomes the most simple language we can. Because, whether they're coming in to add or modify existing systems or they're coming in new, we view it as a whole in the County on the review side. Did I explain that correctly? MR. WILSON: I think Councilman Kimball had the right wording as "a cumulative,"yes. When you get to the cumulative, that's the whole. So I think the modification wording of that would be—might cover the whole conversation. MR. KANEALI`I-KLEINFELDER: Okay. So like the "just in cases,"we're going to add cumulative to the whole thing. Okay. Beautiful. Thank you very much, Mr. Wilson. Mr. Pause, do you agree with the statement? MR. PAUSE: Yes. MR. KANEALI`I-KLEINFELDER: Okay. ACTING CHR. INABA: Good answer, Director Pause. All right, Council Member Kimball. MS. KIMBALL: Thank you. To the conversation that my colleague here was having, I think that it's important to be as clear and precise as we can be in the language of the law. And I think that they do, but we think they're doing, but I there's no harm in actually getting the wording right within the bill. So my legislative assistant is currently working on the language that would add just "cumulative total." And if we can table this for a moment, we can take it up as soon as that amendment arrives. I'd like to make the motion to MS. EVANS: I have a question. Page 87 Hawaii County Council-26 November 15,2023 ACTING CHR. INABA: Council Member Evans, real quickly. We're on the main motion. MS. EVANS: A different question,just real quick. Assuming EPIC is up and running and got all the information in. So when someone comes in and wants a I mean, I'm just—Sue Lee Loy is not here and I'm just thinking what she commented on. If someone came in, applied for photovoltaic, but did not tell you they had one already out at their home, your EPIC system, by address, you can go and see that they have a system already there. And you're going to see that they're going to add it. Because, she was worried that people would come in for 10, and maybe they'd come in later for 10 and another one, and she didn't want to see them playing the game. So I'm just curious, with EPIC are you going to be able to catch that? MR. WILSON: Should be able to catch it, yes, because all permits are now in EPIC. So that would come up. And then also, as a technicality, it should be shown on the plans that they do have the existing. If the inspector gets out there, and it has been presented as a standalone system, that's when they would reject it and have it addressed at that time. MS. EVANS: Thank you. Thank you for letting me answer that question because she's not here. I wanted to have clarity. Thank you. I yield. ACTING CHR. INABA: Thank you. A motion,please, to table Bill 66, Draft 2. Vote on Motion to Ms. Kimball moved to table Bill 66, Draft 2. Seconded by Table: Mr. Kaneali`i-Kleinfelder and carried by the following (Approved) voice vote: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba–7. Noes: None. Absent: Council Members Galimba and Lee Loy –2. Excused: None. Page 88 Hawaii County Council-26 November 15,2023 Bill 84: AMENDS CHAPTER 5, ARTICLE 4, SECTION 5-4-7 AND CHAPTER 5, (Draft 2) 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. 516.8 Intr. by: Ms. Kimball and Ms. Lee Loy First Reading: November 1, 2023 (Note: Comm. 516.9, from Council Chair Heather L. Kimball dated November 14, 2023, transmitting proposed amendments to Bill 84, Draft 2, was circulated.) Motion to Approve: Ms. Kimball moved to pass Bill 84, Draft 2, on second and final reading. Seconded by Mr. Kaneali`i-Kleinfelder. ACTING CHR. INABA: Council Member Kimball. MS. KIMBALL: Thank you. I'm going to go right to an amendment that's in your folders. Council Member Galimba had mentioned wanting some clarity around what would happen if the authority having jurisdiction, DPW, failed to render a decision on an extension within the 30 days, because they have to make the request for the extension before 30 days out. If it takes longer than 30 days to make the decision, what would happen? And so, this is a simple amendment that clarifies that if the authority having jurisdiction, DPW, does not render a decision within that time frame of 30 days, the permit will remain unexpired until that decision is made. So, if, for example, you are 30 days out from your permit expiring, you put in a request. For whatever reason the department cannot make a determination upon that request before your permit expires, it would remain unexpired until they made a decision on your request for an extension. So hopefully that's clear to everyone. Motion to Amend: Ms. Kimball moved to amend Bill 84, Draft 2, with the contents of Comm. 516.9. Seconded by Ms. Kierkiewicz. MS. KIMBALL: I yield, Chair. ACTING CHR. INABA: Thank you for the preview. Discussion on the amendment. Council Member Evans. Page 89 Hawaii County Council-26 November 15,2023 MS. EVANS: Yeah, since I wasn't here at the last Committee hearing. Just a question on this. If they ask for an extension, would they believe—has there been any problem when people come in and say, "I want an extension," and you say, "Well, we'll have to make a decision," and they just stop what they're doing because they don't want to continue doing stuff until they know they can or can't? I mean, does it create confusion for the person asking for the extension, no matter if we give them 30 days? It doesn't expire to get a decision, but the reality is do they stop what they're doing until they get a decision? (Note: At this time, Public Works Director Stephen Pause came forward to address the members of the Council.) MR. PAUSE: So, to just travel a little bit further back in time, the relevancy of what happens today is essentially irrelevant. One of the reasons we wanted to put forth this with the six years for everybody was because the department has traditionally had a very difficult time working within its own framework for extensions. Many extensions come in after permits have expired, even though there's clear language today that says you need to request it"X"number of days in advance. So we're getting rid of that. And, hopefully, the whole concept of six years is going to provide sufficient time where we don't reach the point of requesting extensions. But to your question, as long as you request and you follow the rules, you request within 30 days of when your permit's going to expire, then this language says that we will give you an answer within 30 days. And if we don't, since you've asked in advance like the rule says, then your permit will remain valid. So I don't know that I've answered that, but I just—comparing what we're proposing and moving forward to what has traditionally been done is not an easy comparison. The intent here is we're not trying to be punitive. If there are extenuating circumstances—and Judge Strance knows this; I didn't want to put any extension language in there, and Judge Strance said we need to have something in there because there are extenuating circumstances out there. So, having said that, as long as you can convey those and make your request in advance, I think this language allows for the ability for the department to review the application and, at the same time, not tell people if we don't get back to you within a certain amount of time, that they can't keep going. MS. EVANS: I just see some confusion for the person that's asking for the extension. I mean, I like the fact that you're in the process of making a decision on extension and having that decision. But if someone came in, and let's say they have their electrical permit or structural permit, but they don't have their plumbing permit because their plumber was not available, maybe they're on the Mainland, family member died, they're gone, and they finally get the plumber; Page 90 Hawaii County Council-26 November 15,2023 they come in and ask for the plumbing permit. They ask you for an extension, but you don't give them a decision. So are they left hanging, or shall they ? What do they do? MR. PAUSE: So, again, to clarify what you just said, the new one-permit system means when they're issued a permit, they have a building permit, a plumbing permit, an electrical permit, and they have six years to complete the work. That's what the new rule will say, all right. Then we also inserted language in there about substantial completion, which is the defined—the AIA (American Institute of Architects). You can look it up. There's a clear definition. And what we're telling folks is we're trying to give you plenty of time to do your work, but there are extenuating circumstances. But don't come to us 30 days before the six years is up and tell us, "I haven't done a framing. I haven't done a foundation." The concept of substantial completion is we want you to do your work as you go along. And, yeah, you have hiccups, but maybe hiccups last a year. It shouldn't last five years and six months. So I believe this language is fair and it provides for the applicant to come back in, or the permit holder, at this point, to come back in. And they don't have to wait till 30 days if there are things that are happening in advance of that to come in and have that conversation. The way it's historically been done, again I think people know this, the department hasn't really done a great job of enforcing the rules. And we're trying to clean all of that up. I think this is fair for the entire world. We want people to succeed and get their projects done. That's 100 percent the mindset of the entire Building Division. But this provides that little bit of language that if there really is something unforeseen, that we can work with you. But we want to work with you. We don't want you coming in five years, eleven months and ask for help. Hopefully, we can avoid that in the future. MS. EVANS: Understand. I mean, sometimes we can't—recessions, cancer; things happen in people's lives. But in context,just to put this in context for me, it says the permit shall not expire until a decision is made. The way we've written it, if you decide to give them an extension, I believe it's 180 days. Is that it? Is that even flexible? "I'll give you two months." "I'll give you one year." "I'll give you " Just in context. I think it's 180 days. MR. PAUSE: The language that's proposed is "permit extension shall not exceed one extension of 180 days." MS. EVANS: So you could make a decision of 180 days or less. MR. PAUSE: Yes. MS. EVANS: Okay, all right. Thank you, I yield. Page 91 Hawaii County Council-26 November 15,2023 ACTING CHR. INABA: Thank you. Again, this amendment before us is just saying if the department fails to provide a decision, the permit doesn't expire. It's good until the decision is rendered. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. Director, thank you. This makes sense. I was a little bit concerned about this part. But as I looked at it as a whole six years coming in for an extension and just making sure that we follow up with the person and the applicant, this is good. So I'll be supporting this today. Thank you. ACTING CHR. INABA: Thank you. Any further discussion on the amendment? If not, all those in favor of amending Bill 84, Draft 2, with the contents of Communication 516.9, say "aye." Vote on Motion to The motion to amend Bill 84, Draft 2, with the contents of Amend: Comm. 516.9 was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Vote on Motion to Ms. Kimball moved to suspend Council Rule 23 to waive Suspend Council the holdover for the substantive amendment of Bill 84, Rules: Draft 2. Seconded by Ms. Kierkiewicz and carried by the (Approved) following voice vote: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. ACTING CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. This is a good bill, and I like the direction it's taken. I wanted to mention that the Mayor reached out and actually said—he asked my opinion on the bill and I said I like it. The more I talked to him, I realized this is really important to him. And so I appreciate that level of communication, because when we first started all this, there was a silo breaking. So to have all these different pieces come together and different people Page 92 Hawaii County Council-26 November 15,2023 making an effort to make things better in our permitting system really is beautiful to see. A great bill. I'll be supporting it today. And thank you for kind of helping us to make this happen, Mr. Pause. Thank you. I yield, Chair. ACTING CHR. INABA: Thank you. Looks like that brings us to the end of the discussion on this matter. All those in favor of approving Bill 84, Draft 2, as amended, please say "aye." Vote on Bill 84: The motion to pass Bill 84, Draft 2, as amended to Draft 3, Draft 3 on second and final reading was carried by the following (Adopted) voice vote: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. ACTING CHR. INABA: Thank you very much, DPW. Please stick around. Relinquish Chair: At this time, Acting Chair Inaba relinquished the chair to Chair Kimball. CHR. KIMBALL: What we will do now is go to bills for first reading. So starting at Bill 97. We have some funding projects that are relevant to DPW. So, Director, you're welcome to stay with us here. The staff is working on the amendment to Bill 66. We are expecting that shortly. So, Mr. Clerk, if we could, Bill 97. Bill 97: 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 Lanikaula Street Rehabilitation Kilauea Avenue to Manono Street—County project($1,250,000) and the Lanikaula Street Rehabilitation Kilauea Avenue to Manono Street—Federal project($5 million)to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or other Sources ($1,250,000) and Federal Grants Receivable ($5 million), to rehabilitate roadway pavement. Reference: Comm. 561 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-105 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Page 93 Hawaii County Council-26 November 15,2023 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 97 on first reading and adopt Finance Committee Report No. 105. Seconded by Ms. Kagiwada. CHR. KIMBALL: Any discussion on this item? MR. KANEALII-KLEINFELDER: If I could, Chair? CHR. KIMBALL: Go ahead. MR. KANEALII-KLEINFELDER: We had good discussion at Committee level, and I look forward to supporting this measure. CHR. KIMBALL: Thank you. Anyone else? Seeing none, all those in favor please say "aye." Vote on Bill 97: The motion to pass Bill 97 on first reading and adopt (Approved) Finance Committee Report No. 105 was carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Bill 98: 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 —Kua Bay account($198,220) and West Hawaii Ocean Safety account($245,194); and appropriates the same to the Kua Bay —State Salaries and Wages account and the Hapuna Beach—State Salaries and Wages account, for total appropriations of$778,220 (Kua Bay) and $1,264,297 (Hapuna Beach). These additional funds would be used for costs associated with ocean safety at Kua Bay and Hapuna Beach. Reference: Comm. 562 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-106 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 98 on first reading and adopt Finance Committee Report No. 106. Seconded by Ms. Villegas. CHR. KIMBALL: Any discussion? Council Member Kaneali`i-Kleinfelder. Page 94 Hawaii County Council-26 November 15,2023 MR. KANEALII-KLEINFELDER: We had good discussion at Committee level. And our Assistant Fire Chief Darwin Okinaka provided background. I feel comfortable moving this forward. Thank you. CHR. KIMBALL: Thank you. Anyone else on Bill 98? Seeing none, all those in favor please say "aye." Vote on Bill 98: The motion to pass Bill 98 on first reading and adopt (Approved) Finance Committee Report No. 106 was carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Bill 99: 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 —Traffic Safety Training Project account ($11,479.88); and appropriates the same to the Traffic Safety Training Project account, for a total appropriation of$166,479.88. These additional funds would be used to support the Office of the Prosecuting Attorney's Traffic Safety Training Proj ect. Reference: Comm. 563 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-107 Vote on Bill 99: Mr. Kaneali`i-Kleinfelder moved to pass Bill 99 on first (Approved) reading and adopt Finance Committee Report No. 107. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Page 95 Hawaii County Council-26 November 15,2023 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) First Reading: November 1, 2023 Motion to Approve: Ms. Kagiwada moved to pass Bill 88 on second and final reading. Seconded by Mr. Inaba. CHR. KIMBALL: Any discussion on this item? Council Member Kagiwada. MS. KAGIWADA: Just we had some good discussion on this. I'm very excited. It seems like a lot of people are looking to this as possible, a thing that we can hopefully replicate after we do it well in Hilo. So thank you. CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else? Seeing none, all those in favor please say "aye." Vote on Bill 88: The motion to pass Bill 88 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Page 96 Hawaii County Council-26 November 15,2023 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) First Reading: November 1, 2023 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 89 on second and final reading. Seconded by Mr. Inaba. CHR. KIMBALL: Any discussion? Council Member Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Just a quick mahalo to the department. Thank you. CHR. KIMBALL: Thank you. Anyone else? Seeing none, all those in favor please say "aye." Vote on Bill 89: The motion to pass Bill 89 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. 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) First Reading: November 1, 2023 Page 97 Hawaii County Council-26 November 15,2023 Vote on Bill 90: Mr. Kaneali`i-Kleinfelder moved to pass Bill 90 on second (Adopted) and final reading. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. 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) First Reading: November 1, 2023 Vote on Bill 91: Mr. Kaneali`i-Kleinfelder moved to pass Bill 91 on second (Adopted) and final reading. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Page 98 Hawaii County Council-26 November 15,2023 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) First Reading: November 1, 2023 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Vote on Bill 92: Mr. Kaneali`i-Kleinfelder moved to pass Bill 92 on second (Adopted) and final reading. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. 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) First Reading: November 1, 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 93 on second and final reading. Seconded by Mr. Inaba. Page 99 Hawaii County Council-26 November 15,2023 CHR. KIMBALL: Any discussion on this item? Council Member Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: Director Pause, if you could, I have one interesting question for you regarding this. (Note: At this time, Public Works Director Stephen Pause came forward to address the members of the Council.) MR. KANEALI`I-KLEINFELDER: I've got to say, too, I didn't realize it till about 20 minutes ago, but you're wearing the same shirt I wore yesterday. It's a really nice shirt. MR. PAUSE: I was wondering that. I remembered your attire from yesterday, so brilliant minds think alike. MR. KANEALI`I-KLEINFELDER: Thank you for that. This bill, is this the result of flood monitoring? We talked about the USGS item earlier on, but is this an end result of that? Does it touch on that? MR. PAUSE: I'm not entirely sure. This has got a lot of legs behind it. It's been something that's been going on a while with the Army Corps with the studies. I do know that we do have one of our gauging stations on this particular stream, if you will, or gulch. I'm sure that the data that was collected went towards this. This is a project that's been going on for quite some time, and it's actually, ultimately, going to be a really good project for the community. MR. KANEALI`I-KLEINFELDER: It is. We had a long discussion I think a long time ago, and there is an importance to this that was highlighted again and again, and I'm clear on that part. If it is related, this kind of strikes more importance to our discussion this morning, and that's why I'm asking. So just an FYI (for your information), kind of keep your eyes open for this one. Thank you. MR. PAUSE: Thank you for that. MR. KANEALI`I-KLEINFELDER: I yield, Chair. CHR. KIMBALL: Thank you, Council Member. Anyone else on Bill 93? Seeing none, all those in favor please say "aye." Page 100 Hawaii County Council-26 November 15,2023 Vote on Bill 93: The motion to pass Bill 93 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. 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) First Reading: November 1, 2023 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 94 on second and final reading. Seconded by Mr. Inaba. CHR. KIMBALL: Any discussion? Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. This is a pretty significant measure that we are voting on, $187 million bond. I think there have been a few in my time on the Council that we have either initiated or supported. But I just first want to thank Director Sako for putting together a package that really helps to fund infrastructure around our island. There's something for parks and housing, transportation, wastewater, clean water. I think that is manageable and it's certainly going to be sustainable over time without sacrificing our creditworthiness or our ratings. And I just appreciate how it helps to either initiate or get some projects over the finish line. So I will be supporting this proj ect. The last plug I want to make is lots of projects that we have committed to doing, I would love to see some kind of dashboard system that tracks progress. We're Page 101 Hawaii County Council-26 November 15,2023 putting money and resources aside to support this work, and I think it would be tremendous if the Council and the public, who is essentially funding this, are able to see the status of the various projects. Thank you, Chair. I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else on this bill? Seeing none, all those in favor please say "aye." Vote on Bill 94: The motion to pass Bill 94 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Return to Order The Chair directed the Council to return to the order of business. of Business: Res. 348-23: 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 SANCTUARY OF MANA KE`A GARDENS FOR EXPENSES RELATED TO ITS WELLNESS THROUGH AGRICULTURE MANIFESTIVAL 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. 581 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 348-23. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Villegas. MS. VILLEGAS: Just ask for my colleagues' support on this exciting project, an inclusion of working with children in our community. And I particularly like the term "manifestival." Manifesting and a festival. I yield. CHR. KIMBALL: Anyone else? Seeing none, all those in favor please say aye. Page 102 Hawaii County Council-26 November 15,2023 Vote on Res. 348-23: The motion to adopt Res. 348-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Res. 349-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST WITH EXPENSES ASSOCIATED WITH THE 2023 HAWAII ISLAND VETERANS DAY PARADE Transfers $500 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 582 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 349-23. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Villegas. MS. VILLEGAS: Just asking for my colleagues' support. This parade was a great success. CHR. KIMBALL: Thank you, Council Member. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 349-23: The motion to adopt Res. 349-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kierkiewicz, Villegas, and Chair Kimball—6. Noes: None. Absent: Council Members Galimba, Kaneali`i-Kleinfelder, and Lee Loy —3. Excused: None. Page 103 Hawaii County Council-26 November 15,2023 Res. 350-23: 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 HAWAII ISLAND HIV/AIDS FOUNDATION FOR EXPENSES RELATED TO HEALTH EDUCATION, TESTING, AND COMMUNITY OUTREACH Transfers $5,000 from the Clerk-Council Services –Contingency Relief account (Council District 7); and credits to the Department of Research and Development, Hawaii County Resource Center account. Reference: Comm. 583 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 350-23. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Villegas. MS. VILLEGAS: Just want to thank all the hard work for the Hawaii Island AIDS Foundation that is currently known as Kumukahi Health and Wellness. It really resonated with me listening to all the testimony today about Kumukahi. And it was actually through getting to know this organization and seeing some of their new marketing materials and their renaming that I was educated about Kumukahi and that point, and its incredible cultural history, legacy, heritage, and significance to our island. So I'm deeply grateful for that and the connectivity and the power in a name. So, really excited for everything they provide also in their office here on the west side in Kona. I yield. CHR. KIMBALL: Thank you, Council Member Villegas. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Lending my support. A great organization with great leadership. Mr. Silva came in—Tui, as we call him but he came in two weeks ago for another CRF (Contingency Relief Fund). He's a really amazing individual, as well as his partner. I really love this organization. So thank you for supporting them, Ms. Villegas. CHR. KIMBALL: Thank you, Council Member. Anyone else? All those in favor please say "aye." Page 104 Hawaii County Council-26 November 15,2023 Vote on Res. 350-23: The motion to adopt Res. 350-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Res. 351-23: 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 ZONTA CLUB OF HILO FOUNDATION TO ASSIST WITH EXPENSES RELATED TO ITS "AMELIA EARHART GIRLS IN ENGINEERING DAY" EVENT 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. 584 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 351-23. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I'll disclose that Council Chair and I are actually members of the Zonta Club for a number of years now. I think I'm going on 11 years, same age as my daughter. It's an international organization. Their mission is to empower women and girls. We have strong representation here on Hawaii Island. One of the projects that they run is an engineering day, focused on supporting and exposing girls in Grades 4 through 6 to science and engineering. They often bring in a speaker, and they do a science experiment. And the whole idea is to get more girls filling positions in STEM (science, technology, engineering or mathematics)-related fields. I've been to a few of these events, and it's just so magical to witness their curiosity and excitement. And what's really interesting is an offshoot of this program. I can't remember the name of it, but the club would offset the cost of a young woman to fly to Oahu to experience a similar program. And we know somebody that benefited from that program and that's Natasha Soriano. She is one of our transportation planners in the County. And so she was someone that never saw herself working in science or engineering, but because of that exposure, a lightbulb went off and she was Page 105 Hawaii County Council-26 November 15,2023 really excited to continue to pursue a career pathway. So I'm hoping that this small amount of money goes a long way in just generating more interest among our young girls to pursue the field of science. Thank you. CHR. KIMBALL: Thank you, Council Member. Council Member Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: I appreciate this because in my time as an electrician, I have come across a few woman-owned electrical businesses or women electricians. In a field mostly dominated by guys, it really is always refreshing to see a lady doing the work and doing it well, and this is part of that basis of becoming one of those amazing females. And as a father of two daughters, I support this. So I thank you. Thank you. CHR. KIMBALL: Thank you. I'll just add quickly. As Council Member Kierkiewicz indicated, I've been a member of Zonta for a long time. Support all of their efforts to support our women and girls in science and leadership and entrepreneurism. And I appreciate you putting forth this particular effort around this particular program. I'm also a member of the Amelia Earheart Club. I can tell you guys about that another time, but yeah. Anyway, thank you, Council Member Kierkiewicz, for putting this forward. All those in favor of adopting Resolution 351-23, please say "aye." Vote on Res. 351-23: The motion to adopt Res. 351-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Res. 352-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KU'IKAHI MEDIATION CENTER INC. FOR ITS EAST HAWAII LANDLORD TENANT MEDIATION PROGRAM 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. 585 Intr. by: Ms. Kierkiewicz Page 106 Hawaii County Council-26 November 15,2023 Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 352-23. Seconded by Ms. Kagiwada. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. During the pandemic, our office worked with the mediation centers on this island and Hawaii Community Foundation to actually launch the initial landlord-tenant mediation program. And that was assigned to get ahead of the eviction curve. And so I appreciate how this program has actually gone statewide. But there is still a critical need to teach community members how to have these difficult conversations and find solutions that they are most comfortable with. So, happy to continue to support this program to help those in East Hawaii that may be struggling to just move forward on arrangements with their landlord. So, looking for everyone's support. And putting a plug in: If you want to support your mediation center in East or West Hawaii, I know that they could use some financing for that program. Thank you, Chair. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else? All those in favor, please say "aye." Vote on Res. 352-23: The motion to adopt Res. 352-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order: Res. 357-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA O PUNA FOR EXPENSES RELATED TO THE MAINTENANCE AND BEAUTIFICATION OF THE RENE SIRACUSA PAHOA ROUNDABOUT Transfers $3,500 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 591 Intr. by: Ms. Kierkiewicz Page 107 Hawaii County Council-26 November 15,2023 Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 357-23. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. This is a really unique give. The Rene Siracusa roundabout in Pahoa, the entrance to our town, is actually not a County asset. It is something that is under the jurisdiction of the State Department of Transportation, but they're stretched really thin. So it took a great while for us to coordinate getting those splinter islands filled in so that when folks enter the town visitors, folks that live there—it just looks more neat and vibrant. And so a shou-tout to Malama O Puna for being our community partner in coordinating volunteers to solicit donations or purchase different flora to just make the entrance much more vibrant and clean and inviting. And so just looking for everyone's support on this so we can continue to support community and their work and their effort to beautify this space. I'll just also confirm publicly that this organization does in fact have a Memorandum of Agreement and understanding with DOT (Department of Transportation)to access that State asset and to do this beautification. It was a very long process for us to go through, not just filling out the application but also providing a work plan and identifying the kind of landscaping that would be done over the term of the agreement. So thanks for everyone for your support on this measure. I yield. CHR. KIMBALL: Thank you, Council Member. Council Member Evans. MS. EVANS: Thank you. It's really great to see the community come together, especially after COVID. So it's so nice to see that community project. And since Steve Pause is here, if they're going to do a roundabout in other places on County roads, keeping them beautifying and keeping up those roundabouts is going to be something that will have to always be addressed. So we'll learn from your community. Thank you. I yield. CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 357-23: The motion to adopt Res. 357-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Page 108 Hawaii County Council-26 November 15,2023 Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to remove Bill 66, Remove from Table: Draft 2, from the table. Seconded by Mr. Inaba and carried (Approved) by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball –7. Noes: None. Absent: Council Members Galimba and Lee Loy –2. Excused: None. CHR. KIMBALL: With that, I guess I can just hang on to the chair for this one now. Go ahead, Council Member. Motion to Amend: Mr. Kaneali`i-Kleinfelder moved to amend Bill 66, Draft 2, with the contents of Comm. 435.12. Seconded by Ms. Kagiwada. CHR. KIMBALL: Council Member, (inaudible)? MR. KANEALI`I-KLEINFELDER: Yeah, if I could. I really do feel like we've finally hit a note, but—no, there's no buts. Mr. Pause, thank you for working with us to get to this point. I know this has been an extreme amount of conversation over something that just seems so small. But I think this is huge for the community, and then ultimately in driving towards our goals of sustainability and renewable energy. So I just appreciate you working with myself and other Council Members to get to this point. I know this was a little difficult. I'm really interested to see how this rolls out and what we do from here. So thank you. Any concerns or any questions on the amendment? MR. PAUSE: No. Thank you as well. This has been a road. We did manage to go from four words to eight. I hope Council's not overly disappointed with that. But, no, I think we've reached a good place, and as I've expressed all along, this is a good starting point. It doesn't mean that it ends here, but this allows us to proceed in a way that, as you've stated, is something that's to the benefit of the community. So thank you. MR. KANEALI`I-KLEINFELDER: Thank you, Mr. Pause. I appreciate that. Thank you. I yield, Chair. CHR. KIMBALL: Thank you. Any other comments on the amendment? Seeing none, all those in favor of adopting Bill 66, Draft 2, with the contents of Communication 435.12,please say "aye." Page 109 Hawaii County Council-26 November 15,2023 Vote on Motion to The motion to amend Bill 66, Draft 2, with the contents of Amend: Comm. 435.12 was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to suspend Council Suspend Council Rule 23 to waive the holdover for the substantive Rules: amendment of Bill 66, Draft 2. Seconded by Mr. Inaba and (Approved) carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. CHR. KIMBALL: Back to the main motion, Bill 66, Draft 2, as amended. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: This is exciting; I'm not going to lie. Again, Mr. Pause, thank you. And to the body, thank you for listening. This was lengthy conversation and there is a lot involved. And there's a lot of different pieces from the electrical knowledge to the way that the permitting system works, to the different counties and the existing Code. So to get here with all your help is really nice. And this ultimately leads us to getting lower-cost PV systems back to our community members, and I really can't highlight that enough. Give me one second, Chair. We had testimony from the Ulupono Initiative and I looked at it. They've sent it in again and again, but I the comment they made was very succinct. Let me pull it up here. "Ulupono supports Bill 66. The proposed exemption for PV installations under 10 kW has the potential to support Hawaii Island's renewable energy adoption and directly support the State's goal to produce 100 percent renewable energy by 2045." That's very simple but that is our goal, and we need to move on the steps to get to that goal. So this is one of them. So I appreciate everyone's support on this. Thank you. CHR. KIMBALL: Thank you, Council Member. Any further discussion? I would also like to just take a moment to thank the department and all the time dedicated to this, and then particularly give a shout-out to Dot in my office and Leslie over in LRB (Legislative Research Branch), and the folks over in Council Page 110 Hawaii County Council-26 November 15,2023 Services that I think turned an amendment around in record time. So mahalo for that, you folks. With that, we will proceed to the vote. All of those in favor of adopting Bill 66, Draft 2, as amended,please say "aye." Vote on Bill 66: The motion to pass Bill 66, Draft 2, as amended to Draft 3, Draft 3 on second and final reading was carried by the following (Adopted) voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Relinquish Chair: At this time, Chair Kimball relinquished the chair to Acting Chair Inaba. Return to Order The Acting Chair directed the Council to return to the order of business. of Business: Res. 353-23: 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 FOOD BASKET INC. FOR THE PURCHASE AND INSTALLATION OF TEN SECURITY CAMERAS AT VARIOUS PROPERTIES TO ASSIST ITS AGRICULTURAL SUPPLIERS IN COUNCIL DISTRICT 1 Transfers $6,050 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 586 Intr. by: Ms. Kimball Motion to Approve: Ms. Kimball moved to adopt Res. 353-23. Seconded by Mr. Kaneali`i-Kleinfelder. ACTING CHR. INABA: Council Member Kimball. MS. KIMBALL: Thank you. We're all aware of all the amazing work the Food Basket does for our community, and particularly how integral they were feeding our community during the COVID pandemic. One of the issues, though, has continued to be with their regular suppliers. They are having issues with agricultural theft, and so a couple Council meetings ago, some of us have contributed funds to the Prosecutor's office for new scales, which will help with the prosecution of agricultural thefts. Page 111 Hawaii County Council-26 November 15,2023 This particular CRF will help the Food Basket with providing some cameras that can be distributed to their suppliers. Again, this is for Council District 1. So if Food Basket has suppliers within your districts, this might be something you would consider emulating as well. Thank you. That's all of my comment. ACTING CHR. INABA: Thank you. Any further discussion? If not, all those in favor of approving Resolution 353-23, please say "aye." Vote on Res. 353-23: The motion to adopt Res. 353-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Res. 354-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO ASSIST THE DEPARTMENT OF PARKS AND RECREATION WITH ITS HONOKA`A VALENTINE'S TEEN DANCE Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Recreation Division Other Current Expenses account($1,500) and Equipment account($1,500). Reference: Comm. 587 Intr. by: Ms. Kimball Motion to Approve: Ms. Kimball moved to adopt Res. 354-23. Seconded by Ms. Kagiwada. MS. KIMBALL: Just asking for my colleagues' support to continue to support safe drug-free events for the keiki in my district. We had a wonderful Hawaiian parry in Papa`aloa. The Renaissance Fair in Honoka`a last week was amazing, and then this is another event we're doing for our teens in February. So thank you. ACTING CHR. INABA: Thank you. All those in favor of approving Resolution 354-23, please say "aye." Page 112 Hawaii County Council-26 November 15,2023 Vote on Res. 354-23: The motion to adopt Res. 354-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Res. 356-23: APPROVES LEGISLATIVE PROPOSALS AND PRIORITIES FOR INCLUSION IN THE 2024 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE Includes four proposals relating to Family Leave, Tobacco Products, Traffic Regulation, and Emergency Management; and nine policy priorities relating to: (1) dangerous dogs; (2)the lawful sale or distribution of wild-caught ungulate meat; (3)pathways for midwifery licensure; (4) extended producer responsibility to address solid waste; (5) increasing access to mental health providers for youth in rural communities; (6) financing of residential cesspool conversions; (7) insurance coverage for properties located in Lava Zones 1 and 2; (8) insurance coverage for communities impacted by wildfires, hurricanes, and flooding; and (9) managing invasive species. Reference: Comm. 589 Intr. by: Ms. Kimball Waived: GOEAC Motion to Approve: Ms. Kimball moved to adopt Res. 356-23. Seconded by Ms. Kagiwada. ACTING CHR. INABA: Council Member Kimball. MS. KIMBALL: Thank you. This was waived from Committee in order to meet the HSAC (Hawai`i State Association of Counties) legislative time lines. So it does need to be approved today so that we can get it approved by all the councils for the package. I just want to highlight, first of all, how amazing this Council and Hawaii County has been in terms of contributing to the package this year. All of these priorities have come from this bodyactually, three of the four bills did come from us. The tobacco bill; the City and County of Honolulu, as well, has the same bill actually coming forward. So, want to give us a little bit of a pat on the back there. One of the things that's here is this new bill from Maui County relating to family leave. And since we have a lot of moms here on this Council, I think you guys can all appreciate the importance of something like this. Somebody brought up the fact that the County didn't have paid family leave, and I was actually Page 113 Hawaii County Council-26 November 15,2023 surprised. I didn't realize that that was something we did not have available to our staff. So that was just the main addition. Everything else in this you have seen before. But I'm expecting this body will have no trouble getting behind support for a paid family leave, and just ask for your approval of this package to forward back to the State Association of Counties Executive Committee. Thank you. ACTING CHR. INABA: Mahalo. Any discussion on the packet? Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. I just want to take a moment to mahalo nui Council Chair Kimball for taking on this additional kuleana and being our County Council's voice to this body. This is a whole other additional set of work that has to happen prior to and during the legislative session. So I just want to thank you for taking the additional time. And it's so great to see that all of our priorities are going to be carried forward by HSAC, and truly do support that addition by Maui County as it relates to family leave. We found out the hard way very recently when my council aide had her baby. So I'm grateful that we are ensuring that there are proper supports in place for our hardworking County staff. I'll be supporting the package. Thank you. ACTING CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I'm going to second that. Ms. Kimball, you're doing a wonderful job as a representative for our County at HSAC. Thank you. ACTING CHR. INABA: Council Member Evans. MS. EVANS: Thank you. I really am always surprised at how much work our Council really produces. And so many times,people think it's just bills and ordinances, and there's so much more to it. And I think today, in this package, it just really shows how leadership and forwarding policies sometimes isn't just here. We don't do it in a vacuum. It's not just the County, right. It's the relationships with the other counties and the other mayors and the other State Representatives in Congress. So I applaud the work of HSAC and applaud the work of you representing us on that, and thank you so much. So I'm happy to support. I yield. ACTING CHR. INABA: Thank you. With that, there's a motion on the floor to approve Resolution 356-23. All those in favor? Page 114 Hawaii County Council-26 November 15,2023 Vote on Res. 356-23: The motion to adopt Res. 356-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. 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.) ORDER OF The Acting Chair directed the Council to proceed to the next order of business, THE DAY Order of the Day (Second or Final Reading). (SECOND OR FINAL READING): (Note: Items in this category were taken up previously, out of order.) OTHER The Acting Chair directed the Council to proceed to the next order of business, BUSINESS: Other Business. (There were none.) ANNOUNCE- The Acting Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) ADJOURN- There being no further business, at 3:08 p.m., Mr. Kaneali`i-Kleinfelder moved to MENT: adjourn the meeting. Seconded by Ms. Kimball and carried by the following voice vote: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. Page 115 Hawai`i County Council-26 November 15,2023 ACTING CHR. INABA: The meeting is adjourned at 3:08. Mahalo. Council Approval: DEC 2 Q 2023 CO. , JH/dg Page 116