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HomeMy WebLinkAboutMIN COUNCIL 2023-12-06 2022-2024 Hawaii County Council 27th Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii December 6, 2023 INVOCATION: Pastor Dion K. Maeda of Connect Point Church gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:02 a.m., in the Council Chambers, Hilo, by Ms. Heather L. Kimball, Chair. ROLL CALL: Present: Ms. Heather L. Kimball, Chair Mr. Holeka Goro Inaba, Vice Chair Ms. Cindy Evans, Member(via videoconference from Kona) Ms. Michelle M. Galimba, Member Ms. Jenn Kagiwada, Member (came in later) Mr. Matt Kaneali`i-Kleinfelder, Member (came in later) Ms. Ashley L. Kierkiewicz, Member Ms. Susan L. K. Lee Loy, Member Ms. Rebecca Villegas, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, County Clerk Jon Henricks led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions, MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (Note: At this time: EXPRESSIONS OF 1) Mr. Inaba presented the December 2023 Haweo Award to Detective John CONDOLENCE: Balberde of the Hawaii Police Department; 2) Ms. Kierkiewicz presented a Certificate of Merit to Lisa Rantz for her contributions to the Hilo Medical Center Foundation and for being awarded the "Community Star" award from the National Organization of State Offices of Rural Health. Ms. Kierkiewicz also presented a Certificate of Merit to Stanward Oshiro for his efforts in hosting the Puna Light Show at his home for the past 15 years and contributing donations for The Food Basket since 2018; and Hawaii County Council-27 December 6,2023 3) Ms. Lee Loy presented a Certificate of Merit to Miss Francis Dela Cruz of Waiakea High School for winning the Hawaii High School Athletic Association Sporter Air Rifle State Championship.) Recess: At 9:31 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:37 a.m. (Note: At this time, Council Member Kierkiewicz introduced students from the Pahoa and Keonopoko Schools who were present to observe a portion of today's Council meeting.) 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: Susan Aronson: Res. 372-23 (Comm. 620), in opposition. Alan Rolph: Res. 337-23 (Comm. 569), in support. (representing Amy Greenwell Garden) Toni Withington: Res. 328-23 (Comm. 557), in support. Linda Halbritter: Res. 328-23 (Comm. 557), in support. Mike Nakachi: Res. 372-23 (Comm. 620), in opposition. Ainaaloha Ioane: Bill 87 (Comm. 520), in opposition. Laurie Tavares: Bill 87 (Comm. 520), in opposition. Hokunani Faisao: Bill 87 (Comm. 520), in opposition. CHR. KIMBALL: Mr. Araceley, before we go on to the you guys can take a seat. Thank you. I'm going to give you young folks a little lesson in civics. You may go ahead and take a seat; apologies. We actually don't clap or make booing noises or anything like that when folks testify. And the reason for that is everybody should feel comfortable coming to a public session and stating what they believe and how they feel, and what decision they want us to make. And so we don't want to cheer or boo because it might make some people uncomfortable in that situation. So, in order to make it fair and make sure that everybody has an Page 2 Hawaii County Council-27 December 6,2023 opportunity to share with the public,please refrain from making any responses to the testifiers. Thank you. With that, Mr. Araceley, we can go on to the next testifier. Vicky Rowe: Res. 328-23 (Comm. 557), in support. Adrian Soochek: Res. 328-23 (Comm. 557), in support. Janice Palma-Glennie: Res. 287-23 (Comm. 497), in support; Res. 372-23 (Comm. 620), in opposition; Bill 83 (Comm. 498), in opposition; Bill 87 (Comm. 520), in opposition; and Bill 101, Draft 2 (Comm. 590.2), in opposition. (See Comms. 497.22, 498.2, 520.25, 590.3, and 620.43) Kilihea Inaba: Res. 372-23 (Comm. 620), in opposition. Rico Ferrari: Res. 363-23 (Comm. 601), in support. James Hanley: Bill 87 (Comm. 520), in support. Nathan Eggen: Res. 328-23 (Comm. 557), in support. (See Comm. 557.23) Kimberly Crawford: Res. 372-23 (Comm. 620), in opposition. (See Comm. 620.10) Sam De La Paz: Res. 372-23 (Comm. 620), in opposition. Maurice Goulding: Bill 87 (Comm. 520), in opposition. Breeani Kobayashi: Bill 87 (Comm. 520), in opposition. (representing SCP Hilo Hotel and Keaukaha General Store) Chuck Flaherty: Res. 372-23 (Comm. 620); and (representing Sierra Club - Bill 87 (Comm. 520), in opposition. Hawaii Island Group) (See Comm. 620.55) Isaac Harp: Res. 372-23 (Comm. 620), in opposition. (representing Makani Hou o Kaloko-Honokohau) Christine Nguyen: Bill 87 (Comm. 520), in opposition. Page 3 Hawaii County Council-27 December 6,2023 Patrick Kahawaiola`a: Bill 87 (Comm. 520), in opposition. (representing Keaukaha (See Comm. 520.17) Community Association, Inc.) Claudia Rohr: Res. 372-23 (Comm. 620), in opposition; Bill 83 (Comm. 498), comment; Bill 87 (Comm. 520), in opposition; and Bill 95, Draft 2 (Comm. 543.2), comment. (See Comms. 498.3, 520.27, and 620.47) Clare Loprinzi: Res. 337-23 (Comm. 569), in support; and Res. 372-23 (Comm. 620), in opposition. Jacob Smith: Bill 87 (Comm. 520), in opposition. (representing Leaky Mountain Tours) Indy Rishi Singh: Res. 372-23 (Comm. 620), comment. Cindy Freitas: Res. 372-23 (Comm. 620), in opposition. (See Comm. 620.17) CHR. KIMBALL: We do need to take about a five-minute recess to reset technology, and then we will come back and go into the agenda for the day, yeah. We just need to take a quick break. Recess: At 11:23 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 11:34 a.m. APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Vote on Approval Ms. Kagiwada moved to approve the Minutes of of Minutes: November 1, 2023. Seconded by Mr. Inaba and carried by (Approved) the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Lee Loy — 1. Excused: None. 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: Page 4 Hawaii County Council-27 December 6,2023 Res. 372-23: AUTHORIZES: (1) THE HIRING OF SCHLACK ITO, A LIMITED LIABILITY LAW COMPANY, AS SPECIAL COUNSEL TO REPRESENT THE COUNTY OF HAWAII IN HUI MALAMA HONOKOHAU V. COUNTY OF HAWAII, CIVIL NO. 1:23-CV-00393; AND (2) THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI- YEAR AGREEMENT WITH SPECIAL COUNSEL FOR THE COUNTY'S LEGAL DEFENSE IN HUI MALAMA HONOKOHAU V. COUNTY OF HAWAII, CIVIL NO. 1:23-CV-00393 Authorizes the Mayor to enter into a multi-year agreement with Schlack Ito to provide legal services, with expenses not to exceed $200,000. Reference: Comm. 620 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Note: Requires 2/3 vote of the entire membership, pursuant to Section 6-5.5, Hawaii County Charter Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 372-23. Seconded by Mr. Inaba. CHR. KIMBALL: At this time, I'd like to invite our Corporation Counsel to get us situated. Just as a note to my colleagues here on the dais, deliberation whether or not to approve or disapprove the resolution should occur in open session, but we do have the option to go into Executive Session to review our rights, privileges, and liabilities under Chapter 92. So, Judge Strance, if you would please kick us off on this. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Good morning, Council. Elizabeth Strance, Corporation Counsel, and with me is Lerisa Heroldt. She is our Litigation Division Supervisor in the Office of Corporation Counsel. I read your approval of Corporation Counsel's submitted Resolution 372 for the appointment of special counsel to defend the County of Hawaii in the Hui Malama Honok6hau versus County of Hawaii case. This is a citizen lawsuit brought alleging violations of the Federal Clean Water Act as to the County's Kealakehe Wastewater Treatment Plant seeking declaratory and injunctive relief and seeks imposition of fines until the County complies. Citizen lawsuits can be brought regardless of whether the regulatory agency tasked with oversight is actually enforcing or has administrative processes to accommodate the process sought in a lawsuit and regardless of whether a regulatory agency has found violation of the law. Page 5 Hawaii County Council-27 December 6,2023 We are seeing this case because of the Maui decision, which has been discussed quite a bit, and gray areas left by that decision. As stated in the resolution, the County general—specifically the Office of Corporation Counsel, lacks the expertise and personnel necessary to provide the level of legal services necessary to represent the County. And so I wanted to clarify some public statements that were made. This is not a request being made by the Mayor. This is a request being made by my office after an assessment of what it would take to defend this lawsuit, the resources that we have in our office, and our current workload. After several meetings on that and after the lawsuit was filed, we made the decision that we felt that we needed additional resources and expertise in this area. As some of you who were present for my confirmation hearing might recall, the question was asked of me about what I thought we might need in our office. And one of the statements I made was that having expertise in the area of environmental law would be very helpful, given some of the challenges of the County. We have not been able to retain those types of lawyers because simply the current pay schedule and structure of our office does not attract that type of lawyer. Also, prior to making this request to Council, our office engaged in good-faith negotiations with the Earthjustice legal team to avoid this lawsuit to no avail. So, contrary to public statements or implications, the County did not initiate this lawsuit and has never refused to negotiate. The Office of Corporation Counsel, by Charter, is tasked with defending the County in lawsuits filed against it. We don't choose the lawsuits that are filed. We have an obligation to the County to defend those lawsuits. There have been concerns expressed about the County should have modified the Kealakehe Wastewater Treatment Plant long ago to avoid the lawsuits, and this resolution should be denied, essentially as punishing the County for refusing to make those improvements some time ago. So I want to just take a look at that kind of assessment. So the opposition to the resolution is that the County shouldn't spend funds to defend itself in this lawsuit. So, if, for example, and this is based upon the public documents that are available from Earthjustice and in their complaint, that Earthjustice states that it may seek penalties in the amount of$64,618 per day for each violation should it be successful on its claim. Furthermore, it states an intention to prevent further discharge. Given the amount of time required to make any improvements to the Kealakehe Wastewater Treatment Plant, this means that the County could be forced to choose between the $64,000-a-day fine or closing the Kealakehe Wastewater Treatment Plant or both. Page 6 Hawaii County Council-27 December 6,2023 Earthjustice, who represents Hui Malama Honok6hau, possesses national resources and specializes in environmental impact litigation. Its intention appears to be to make this a high-profile case. And, for example, we learned of both the demand made on the County and the lawsuit through media. This is unusual in normal litigation where rules of courtesy often prevail and courtesy copies are provided at least simultaneously with filing. While our office is highly competent, it lacks expertise in this type of environmental litigation. And given the specialty nature of environmental law and more so in environmental litigation, we feel that having skilled lawyers in this area would be helpful to defending the County in this lawsuit. In addition, based upon recent discovery requests, we expect this case to be both document intensive and technically specific and intensive. We are a relatively small office and do not have the resources to devote to such a large case and comply with the court deadlines while managing our other work. Currently, we have six lawyers in our litigation division handling over a hundred lawsuits. Further, the landscape of wastewater permitting is evolving. The State Department of Health has not made revisions to its NPDES (National Pollutant Discharge Elimination System)permit process since the Maui case, although we understand that there are efforts in progress. The EPA (Environmental Protection Agency) has made some changes to its rules and advisement, but they don't appear to apply to the Kealakehe Wastewater Treatment Plant. Having legal expertise in the area of environmental law, and specifically in the Clean Water Act, will help the County navigate changes should they occur during the course of the lawsuit. There have been some statements made about the desire to see negotiations. The County has always been open to negotiations. We have never refused to negotiate, and the lawsuit was filed regardless. While lawsuits are rarely one- sided, the County does not really have an interest in taking this case to the United States Supreme Court as some public comments have been made. But this does not mean that the plaintiffs or the Earthjustice legal group don't have that interest. Well over 90 percent or 95 percent of all lawsuits eventually settle, and we have little reason to believe that this case will not ultimately settle. And the County is and will be open to mediation. The courts will even sometimes order this over the objection of aparty. The purpose of Resolution 372 is to meet what we believe in our office is a real necessity required by this lawsuit, and we request your favorable support for it. These are public comments. If the Council has specific questions about the lawsuit that would require us to discuss attorney-client privilege matters, we can go into Executive Session. But the basic format and the rationale and reasons for the resolution are pretty clear. We stated them in public. Thank you. Page 7 Hawaii County Council-27 December 6,2023 CHR. KIMBALL: Thank you, Judge Strance. All right. So, at this time, I'll open the floor up for discussion on the resolution. Does anybody have questions for Judge Strance or Deputy? Council Member Kagiwada. MS. KAGIWADA: Thank you. I'd like to go into Executive Session. CHR. KIMBALL: Council Member Inaba. MR. INABA: Sure, if it isI think that might be a good thing just to get us started, and then the deliberations can occur in the public space. Vote on Motion to Mr. Inaba moved to enter into Executive Session in order to Enter into hold attorney-client privilege discussion regarding Executive Session: Res. 372-23, as authorized by Section 92-5(a)(4) of the (Approved) Hawaii Revised Statutes. Seconded by Ms. Kagiwada and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Lee Loy — 1. Excused: None. CHR. KIMBALL: We will enter into Executive Session at this time. Thank you. Recess: At 11:54 a.m., the Chair called for a recess in order to clear the room. Reconvene: The meeting reconvened at 1:05 p.m. CHR. KIMBALL: All right, folks. Thank you for your patience. We are back out of Executive Session. The motion on the floor is to adopt Resolution 372-23. I will open up the floor to discussion. Who would like to kick us off? Council Member Inaba. MR. INABA: Do we need a summary of what was discussed? CHR. KIMBALL: Yes, we do. Thank you. Would you like to provide that? MR. INABA: Yes. In Executive Session, the Council consulted with the Corporation Counsel of specifics in the case, and specifically background information of the case that some of us were not aware of,just so that we had a good foundation to start off our deliberations here in open session. Thank you. I yield. Page 8 Hawaii County Council-27 December 6,2023 CHR. KIMBALL: Thank you, Vice Chair Inaba. Anyone else? A discussion on the resolution? Council Member Kagiwada. MS. KAGIWADA: Thank you. All right. So, given what Council Member Inaba just said, we did learn some additional information in our session. Please, I don't think I'm going to say anything that shouldn't be shared, but I just—general. I learned that the County was willing to negotiate before the lawsuit was filed and was not successful, and that they really need this expertise going forward in order to go into the discovery phase of the suit and really find out what do we know about the situation, what does Earthjustice know about it, what—share all information, what do we still need to learn and figure that out. And that hopefully, then, they could potentially go into negotiations once again. And also that this is not at all—my feeling after learning more about this is this is not so the County gets out of working on improving the Kealakehe Wastewater system, and that we will continue to do that, look at ways to do that. And I hope that our Environmental Management Commission, our DEM (Department of Environmental Management),potentially our Council Members that might want to work with their constituents in that area will find ways to work on this together going forward. And I don't think it needs to wait until after this lawsuit is wrapped up. So I will be voting in favor of supporting the Corp. (Corporation) Counsel's request because I think the expertise is needed to do these things and to get the best results for our County. Thank you. CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else? Council Member Villegas. MS. VILLEGAS: This is a really tough one. And in our conversations in Executive Session I really appreciated the sharing. And to clarify for a number of the testifiers, those that have sent in written testimony and also testified today, that the resolution was not formulated or brought forth from the Mayor's office. It was explained specifically to us that Corp. Counsel's job and the part of that office that handles litigation is incredibly small. Our County is navigating upwards of maybe up to a hundred cases against the County, and your job is specifically to defend the County. I always like to say there is no "the County"; it's the people that work in the County. But essentially from a financial standpoint, there is a County that has fiscal impacts and all that kind of stuff. So this came from you in the request for the resources because you're already at capacity. And it's recognized that this case is worthy of the best legal focus as possible with an organization that has been shared with us, it's believed, a legal firm who has a record of being ethical and allied with finding the highest, best solution for environmental issues and having worked with organizations and clients and with the EPA and with Clean Water Act and in those arenas and have had success without being the win-at-any-cost cutthroat. Page 9 Hawaii County Council-27 December 6,2023 I, myself, have challenges with this because prior to the discovery and expos6 of the dire circumstances of the Hilo Wastewater Treatment facility, the Kealakehe wastewater facility has been on my radar since I was a teenager. And with concerns about wanting to help start our Surfrider chapter in Kona and whatnot, that has always been a big focus. I've worked closely with some of the activists, scientists, and experts on the west side. There's some who are now listed in this case. And so I'm going to do my best right now to make a decision based on my relationship with Corp. Counsel personally and professionally in trusting that the intention of hiring outside counsel and the investment of this money, taxpayer money, in hiring outside counsel is not, as it's been implied in claims by testifiers, with the intention of following the same path as the Maui lawsuit, is with the intention of fighting this saying the County isn't doing anything wrong, it's not causing any harm, but that we get where we need to go to. And as was pointed out I think very articulately, unfortunately lawsuits are the way in the environmental world that shit gets done or cleaned up, literally. And that's how we set new precedent, and that's how we clarify things. And unfortunately, the way we treat our lands and our waters and our ecosystems has not been enough of a priority for it to have been established per se on the front end, but it's been kind of on the back end—once again another pun because profit margins and whatnot have always kind of been more of a priority, unfortunately. So I will be, much to the chagrin I'm sure from a number of people I will hear from, but I will be voting in favor of the allocation of these resources. Judge Strance, I see your eyes today and how exhausted you must already be mitigating all of these issues and with a six-member staff, I believe, and how much that takes out of you. And I know, for myself, self-care is imperative in this job because you can never really be prepared for what's coming next, but taking care of your team is what I really feel. I have concerns about this becoming a bottomless pit of money and vada vada, but that's where I have to trust also in this Administration and Mayor Roth's consistent claims—I'll just wrap it up—consistent claims of sustainability, resilience, and returning to regenerative practices that eliminate the degradation and contamination of our lands and waters are truly the goal, and that's where we're going to get to. And that's the intentionality of this, and having legal counsel that can help get us there without taxpayers paying millions upon millions in fines and restitution and all those kinds of things. So that's my mana`o for today. So thank you. CHR. KIMBALL: Thank you. Anyone else? Checking in, Council Member Evans? Page 10 Hawaii County Council-27 December 6,2023 MS. EVANS: Are we on the resolution, or are we just reporting back on what—? CHR. KIMBALL: We are on the resolution. MS. EVANS: Okay. So I want to get into the details. Okay. So I'm really having issue with the process of how this came in front of us and what I'm reading. And I'm looking at the fact that there was a lawsuit filed and then there was a request for law firms to weigh in on if they have the qualifications to represent us, and I feel like we're being asked to approve something after the fact instead of coming to the Council before the fact. So I wanted to have our Corporation Counsel explain why this wasn't brought to us prior to them going out and soliciting on publishing a notice of providers to represent us on this lawsuit. MS. STRANCE: Thank you, Council Member Evans. We follow the process that's required under the Code and the Charter. We come to you when we need to retain outside counsel. That includes identification of the attorney or the law firm and including a budget. And so we follow the process that is laid out for us. MS. EVANS: So you need to choose someone, come up with the cost, and then you bring it to us and say, "This is what we would hope you support"? MS. STRANCE: Correct. MS. EVANS: Okay. Would it be possible to hire some additional staff to put in your litigation team and hire someone to come to work for us, considering— there's—the onsideringthere'sthe way you wrote theI guess I'm getting back to the language of your resolution. There's implied, in the resolution, that it could take years. But it's also implied that we're on the cusp of quite a bit of changes when it comes maybe to environmental law, based on the Maui lawsuit, and that is the Department of Health and the EPA have yet to really look at Hawai`i's geography and the impact of lava tubes and how stormwater runoff and the water runs off from our mountaintop into the ocean and our shorelines. We're an island state. We're unique. And yet it seems like EPA and DOH (Department of Health), it's a little out of their comfort zone. And so we're kind of in this area that it appears to me is going to become where we're headed into the future, like this is the beginning of something that could take many years and a lot of debate at the State level, the Federal level. Would it not behoove us to go out and hire and get you some additional help instead of going this route? MS. STRANCE: Thank you, Council Member. I'm not sure I agree that the EPA and Department of Health don't understand island communities or geography. And if I could hire somebody and the team, I would have, but we haven't. And so we're here because we have an immediate need. Page 11 Hawaii County Council-27 December 6,2023 MS. EVANS: So tell me about the immediate need. How quickly do you have to respond to this lawsuit and come back with a filing? MS. STRANCE: We've already filed an answer. Discovery requests have been made and we're in the process of having to respond to those. And so the lawsuit is already proceeding, and we're needing to respond to requests from the plaintiffs. So the need is kind of passed already, and we're managing as we can, but we need to get somebody onboard. MS. EVANS: Okay. The other thing in the resolution, it's asking for us to approve beyond one fiscal year and to enter into a multiple-year agreement. Multiple-year, what would be the—would it just be kind of like an automatic renewal based on your decision? How would that play out? MS. STRANCE: The way that the resolution is crafted is that the retention would be through the lawsuit. So it's not like a one year or two year or a year with options. It's for a project and that is to represent us in this lawsuit. MS. EVANS: The other question, so the public knows the financial impact of this, there's going to be more cost than just the 200,000 fee to the law firm. There's going to be costs. It was anticipated that there's going to be studies required. Can you give us a little more information on the additional cost that might come along with this? MS. STRANCE: Well, at the present time, we can't predict very precisely. And when counsel comes on board, they may have ideas that might be different than the ones that I have right now, but typically, there are costs. And almost every lawsuit that involves hiring experts, if there's a lot of documents, it's collecting documents and sometimes summarizing documents. So, as I mentioned, this phase of the lawsuit, after the complaint is filed and the answer is filed, becomes the discovery process. And during that process, we learn more about the case and we identify what the needs of the case are. And so we don't know everything that the plaintiffs know, and they'll be providing us with information. We'll be providing them with information. And then, along the way, if there is a need for other interpretations, then experts are filed. Sometimes witnesses are identified, and those witnesses need to be interviewed. And the formal word for interview where you preserve what they say are depositions. And motions need to be filed. Those all have costs associated with them. MS. EVANS: Okay. I want you to know that I do not support this resolution for the following reasons: I do think you have a lot of talent on your litigation team. I would like to see us go out and hire more people into your litigation. You say you have six. I think we need to hire more people. I do think that I just approved, as a Council Member, last week I think, or two weeks ago, were approving Page 12 Hawaii County Council-27 December 6,2023 positions for other departments. I think that there's probably money in the budget that the Mayor and the Finance Director can look to what we can do to support you. And I think if we have to pay money for certain expertises, then we should look at really what we're paying for our lawyers and revisit that so we get people on staff. And the reason I say that is I think that this particular lawsuit is just on the cusp of other things that are going on around the island when it comes to stormwater runoff, what's going out into the ocean. A lot of people are very upset. I see this as an area of law that is just going to keep moving. It's not going to retreat. And as I mentioned to you when we talked about the lawsuit, I'm one that leans more towards sometimes the precautionary principle. Sometimes we have to move on things not always knowing the correct answer, but we know that something is clearly not right. And so it's good to be precautionary. CHR. KIMBALL: Council Member Evans,just a heads up, your buzzer went off a little bit ago over here. So if you can summarize. MS. EVANS: Okay. So, anyway, thank you for the latitude, Chair. And with that, I just want the public to know that I will not support this resolution today. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. And I really appreciated the time in Executive Session where you could come to us with I think a lot of humility and deep contemplation around what we needed to protect the interest of our County and future generations. And so I will be supporting this resolution kind of reluctantly because I just don't know how much this is going to cost us in the long run, legal fee-wise. But then also whatever comes of this process, there is going to have to be investments in improvements to that facility. We all know they have to happen. And there are other communities, other facilities, that do need time and attention in this space as well. But I know that you need that expertise if you're going to have a fighting chance. It was disheartening to hear that Earthjustice was not willing to negotiate. But I am hopeful, as you mentioned in Executive Session, that through this process, we can communicate everything that the County is doing to address wastewater treatment issues at this facility and facilities island-wide, right, that holistic approach that we are taking, and forcing mediation. Some kind of collaborative solution where the County, Earthjustice, and all relevant stakeholders are coming to the table to come up with a realistic plan for how we will achieve clean water Page 13 Hawaii County Council-27 December 6,2023 and preserving our `aina for future generations. So I will be supporting this and just ask that, when you can,please do make reports to the Council so that we know how this is progressing. Thank you, Chair. I'll add one more thing. I'm not always a fan of lawsuits, but sometimes they do provide us with an opportunity to provide clarity when different agencies often want to pass the buck to the other to figure out. So it'll be great to finally have a chance to get some clarity in the situation. Thank you. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I always wonder why when I email you or I call you, Betsy, you don't answer your phone. But in moments like these, I recognize why you're not answering because this is one thing of many that you're juggling, but it's not a small issue. It's much bigger than the things that I'm bringing to you. And so I appreciate that you've very humbly said, "This isn't from the Mayor. This is our office requesting this in the form that it's required, in the process required so that we can figure out what to do." And this is, I think, your way of saying this is how we've been required, and this is how we are going to sit down at the table with everyone in the community and find a solution. I'll be supporting it today, and we're being asked not to. This seems like the proper way to proceed at this point, and I need you guys to be able to do your job. And this is our role in ensuring that we're all taken care of. This is hard for me because I feel like this is pitting county against county; it's our constituents versus us in government. I hate being in that position because it just—it's how it works sometimes, but it's also difficult. So, instead of looking at it like that—I'm trying to find a positive—is this is going to force us to sit down at the table together. And if that's what it takes, that's what it takes. And if this is the method we get there by, this is the method we get there by. So I'll be supporting. I look forward to the solutions that come out of this. And, albeit it's a lawsuit, maybe that's the vehicle that is going to take to get there. Thank you. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. I'm not sure who was first over here. Council Member Galimba. MS. GALIMBA: Thank you. Just very briefly. I also will be supporting this. I feel it's a very worthy investment in coming to the best solution. It may not be soon, but I think it will be definitely getting good expertise in this. It's going to bring us to the best solution for everyone, and that's why I'll be supporting it. CHR. KIMBALL: Thank you, Council Member Galimba. Council Member Lee Loy. Page 14 Hawaii County Council-27 December 6,2023 MS. LEE LOY: Thanks, Chair. All through Executive Session, I was real quiet; I just listened, and I just continue to listen. For me, I'm going to be voting "kanalua-yes," on this one. I'll tell you why. I've been around this County for a very long time since my early twenties, and I've watched a lot of decisions being made. I also understand the subject-matter expertise that is needed for this type of lawsuit, and I will not—and I feel it is my duty to make sure the County is not trying to punch up against their weight class, let alone punch up against their weight class with one hand tied behind their back. I didn't raise my hand and swear an oath to do this work. I want it to be where everybody's fair and we have the best subject-matter experts on board. But I also reflect on a lot of things that have come through the County over the course of the last 20 years that have changed the landscape of how we handle waste, solid waste, and our wastewater specifically on the west side. And some of the things that were planned to help us address some of these solid waste and wastewater issues either ran out of time, ran out of funding, or the community had different sentiments over time because there were more people coming into that area and they missed why we were headed in one direction because we needed to address these longstanding infrastructure issues that take a long time to address. So I'm sitting here really asking myself how much of this is really some of our own making and doing over time too. But we're here. And that's why I will be voting "kanalua-yes" on this one. Because if not anything I know I'm making the right decision to give us the best shot that we have right now to come to some kind of conclusion. Thank you. Thank you, Judge Strance. Thank you for being here. I really appreciate just the humility and the vulnerability you provided to us in Executive Session, which is why I can vote "yes,"but I'm having a hard time with some of the other decisions that came long before us. Thank you, Chair, I yield. CHR. KIMBALL: Thank you, Council Member. Council Member Inaba. MR. INABA: Okay. Well, we did hear a lot from community, and we got to hear from Corporation Counsel in terms of lack of staff and lack of expertise when it comes to what's needed for this case. The $200,000 being requested, that was budgeted in your annual budget for your office? MS. STRANCE: Yes. MR. INABA: Okay. For me, and with the people that I represent, also understanding my duty as a Council Member and what is in the best interest of the County, and seeing where the votes are right now, I'll be voting "kanalua-no." "Kanalua"because I do understand the strain on your office and seeing the attempts that had been made by the office to not just go find an attorney who is Page 15 Hawaii County Council-27 December 6,2023 aware to win on the County's behalf, but to also be sensitive and to take into account the value that`aina and kai play for us as residents of this land and as Native Hawaiians, especially for those who were providing testimony. I have to vote "no"just because I have not seen very updated or clear plans. I've seen plans that are I think outrageous in terms of the cost that it would take to convert to R-1. And at the same time, I haven't seen where we've really looked at other options for even perhaps the R-2 water currently being discharged could be used, whether it be on construction sites for dust, keeping the dust down where folks are not around. I haven't seen that. I'm afraid that we crack this can open today for $200,000, and depending on if we experience a bit of success, how far are we going to go. Will it be 400,000? 600,000? How many more resolutions is it going to take for us to address this issue? In the meantime, I would hope that the department is able to come back and really provide us an updated kind of presentation and not something long- winded, something really to show us what are short-term potential options in the meantime that really shows the County's true goodwill to try and address this problem. But with that, I have to vote "no"today but with reservations obviously. Thank you so much. CHR. KIMBALL: Thank you, Vice Chair Inaba. Council Member Villegas. MS. VILLEGAS: Just quickly kind of circling back to something that I remembered. I have aI was trying to sound confident and determined in my choice, but there's a lot of kanalua in my system over all this as well. So I really respect and appreciate the words from my counterparts on the Council here. And in a recent article by Pat Tummons at Environment Hawaii, she's talking about a time extension for a specific development in Kona. And she specifically points to this lawsuit as being a potential obstruction for any future development or large zoning changes, because the new requirements are to connect to a wastewater treatment facility, right. In most predominantly—any large development would be ideally they need to be connecting to that. Now, my question for you this was implied in this article—now, is that in fact the case? Because, any future developments that need to connect to this wastewater treatment facility, can they be connecting to a wastewater treatment facility that's currently in litigation in a major lawsuit? MS. STRANCE: One of the requested relief is for injunctive relief that hasn't gone before the court. So I don't want to say yes, and I don't want to say no. MS. VILLEGAS: That's why you're a lawyer. Page 16 Hawaii County Council-27 December 6,2023 MS. STRANCE: It depends. But I think that one of the concerns raised in the case, one of the impetus to the case is that the plaintiffs are concerned that things haven't been taken care of MS. VILLEGAS: Exactly. MS. STRANCE: To their satisfaction or what their belief(inaudible)now, and there are plans to expand. And so the goal of the case would be to not allow expansions unless or until there are upgrades to the treatment plant. And so there's not something in place right now, but I think that's part of the impetus for the case. And that would be part of something that would be worked out in the relief if they're successful. MS. VILLEGAS: Thank you. And so, ironically, I find myself sitting here. And if I wasn't sitting here, I'd be on the side of Earthjustice. And so that's the challenge for me here, but in my role also protecting and supporting the staff in our County. And everybody's heard me go on and on about District 7 being at capacity until infrastructure improvements are put in place. And so, for that, my greatest hope is that Earthjustice brings all the evidence necessary to require the County to upgrade, install, and get us to the next level of wastewater treatment and capacity in order to not waste this priceless resource of water. And I understand their frustration and those that filed the case because the County has drug their feet for decades. I'm trying to remain hopeful in all of this at the best possible solution, and that we have the people that will be involved and that this legal firm that you spoke so highly about does operate with that level of integrity and intentionality. I'll be making some phone calls and finding out some stuff myself, but holding feet to the fire. And also trying to provide you guys with the support as I continue to dance this dance and navigate both sides of trying to figure out how we get to where we need to go, and the community wins, the water wins, the land wins, and our future generations win by having a safe and healthy ocean ecosystem and groundwater. And damn if we can't—we really need to figure out a better way to manage our human waste. So we've got a lot of work to do, but it is a focus within not only our County but the State and the country and globally. So I'm oddly grateful for the lawsuit because that's how we sometimes get answers. So I can oddly be grateful for this job too. And I'm very grateful for you guys. So thank you. I yield. CHR. KIMBALL: Thank you, Council Member. I do want to wrap this up because we have people who have been waiting all morning for some other things, but go ahead. Page 17 Hawaii County Council-27 December 6,2023 MR. KANEALI`I-KLEINFELDER: All too often, I think it is (inaudible) statements sometimes. I forget to ask questions. It's kind of a simple question; maybe you can and maybe you cannot answer. What would you consider a win in this case, Betsy? Because you're going to be you're not going to be the Schlack Ito, but you are going to be guiding this in a way, I would assume. So, for you, what would a win be? Because, I don't think the win is, "We won. We're the County." I think the win is something else. What would that be for you? MS. STRANCE: I guess the—what I'm hearing from you folks and one of the reasons that it's a heavy lift to consider this resolution, and listening to the public comment, is that people are unhappy with the condition of the Kealakehe Wastewater Treatment Plant and feel that concerns have not been heard and acted on. And so a win would be to see those actions taken regardless of the lawsuit. A lawsuit is sometimes a means to an end. Sometimes it's about clarification of legal issues that aren't clear, but that's not what I heard mostly today. Mostly today, what I heard was people saying they're unhappy with the way things are and would like to see things change. And either good or odd or whatever, that's not necessarily a part of the lawsuit. And so I guess my hope would be that concerns are heard and acted on regardless of the lawsuit. MR. KANEALI`I-KLEINFELDER: Thank you. Thank you for listening, Betsy. I yield. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Anyone else? I just had a couple quick questions. First of all, when we were in Executive Session, I mentioned to the newer Council Members that in the previous term, the 2020-2022 term, we had had a presentation by DEM on Kealakehe. That is Communication 98.1. So if folks would like to review that. Judge Strance, you have how many positions in your litigation section available or open at this point? Do you have any open positions that you're actually trying to hire for? MS. STRANCE: One. CHR. KIMBALL: Have you had any success in finding candidates for that position? MS. STRANCE: No. We recently hired a deputy who is doing double duty; doing some litigation work,primarily litigation work, and then some counseling and drafting work. And so, like many departments, we're struggling with trying to fill positions. And part of our leadership team discussions surround whether the definition of insanity is doing the same thing over and over, hoping for a different result—whether we should be looking at a little bit different structure for our office. Page 18 Hawaii County Council-27 December 6,2023 CHR. KIMBALL: So, in response to some of the previous comments, if you could actually hire somebody internally to be the lead on this lawsuit, you would. We just are not getting the candidates in to fill the positions. MS. STRANCE: That's correct. CHR. KIMBALL: Thank you. Additionally, the process of professional services, which is pretty typical, we don't need professional services all the time in given departments, but there is, on an annual basis, a request for qualifications to go out. Entities can go ahead and submit their qualifications, and then they become part of a list that a department or the Corporation Counsel can select from for services, correct. So it's not that you go out and hire specifically. It's that people get on this list for professional services. That is the typical process. MS. STRANCE: That's correct. And then we have a panel that does not include me that goes through a rating process. CHR. KIMBALL: And that's something that we do, not just for attorneys, but for other engineering or, as an example, other types of services that the County doesn't need on a consistent basis. But we do need to hire occasionally, rather than going through the RFP (Request for Proposals)process. MS. STRANCE: That's correct. CHR. KIMBALL: Okay, thank you. I'm going to be supporting this as well. Mr. Clerk, can you remind me, this is a two-thirds vote, right? MR. HENRICKS: Of the entire membership. CHR. KIMBALL: Great. Thank you. All right, I will ask you to do a roll call, please. Vote on Res. 372-23: The motion to adopt Res. 372-23 was carried by the (Adopted) following roll call vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—7. Noes: Council Members Evans and Inaba—2. Absent: None. Excused: None. (Note: Ms. Lee Loy and Ms. Villegas voted "kanalua"then "aye." Mr. Inaba voted"kanalua"then "no.") Page 19 Hawaii County Council-27 December 6,2023 STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON BILL 87 The following individual registered to speak and came forward when called by (COMM. 520): the Chair: Susan Champeny: In opposition. (representing Leleiwi Community Association, Waiuli We Count, and Keaukaha Stewardship Program) Bill 87: AMENDS SECTION 25-8-33 (CITY OF HILO DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM RESORT HOTEL—750 SQUARE FEET (V-.75) TO LIMITED INDUSTRIAL—20,000 SQUARE FEET (ML-20) AT HILO, HAWAII, COVERED BY TAX MAP KEY: 2-1-006:002 (Applicant: Aloha Kia) (Area: 1.795 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to develop a new car dealership and service station for Aloha Kia. The property is located at 92 Kalaniana`ole Street in South Hilo. Reference: Comm. 520 Intr. by: Mr. Inaba(B/R) Approve: LAAC-39 Postponed: November 1, 2023 (Note: There is a motion by Ms. Lee Loy, seconded by Ms. Galimba, to pass Bill 87 on first reading.) (Note: Comm. 520.2, from Council Member Holeka Goro Inaba dated November 8, 2023, transmitting proposed amendments to Bill 87, was circulated. Comm. 520.3, from Council Member Holeka Goro Inaba dated December 5, 2023, transmitting a letter from Land Planning Hawaii LLC, relating to Bill 87, was also circulated.) MR. INABA: Thank you. Before we have further discussion on the bill, we do have an amendment in our pinkie (folder). CHR. KIMBALL: We need a motion on the bill, actually, first. MR. HENRICKS: You do have a motion. I'm just wondering why you're not chairing. CHR. KIMBALL: Thank you. I'm sorry. Go ahead. Page 20 Hawaii County Council-27 December 6,2023 MR. INABA: Okay. So, Communication 520.2, again putting language for time conditions in line with the Code. Motion to Amend: Mr. Inaba moved to amend Bill 87 with the contents of Comm. 520.2. Seconded by Ms. Kierkiewicz. CHR. KIMBALL: On the amendment, Council Member Inaba. MR. INABA: Thank you. Just ask for everyone's support. Sorry, I got ahead with the explanation. CHR. KIMBALL: Any further discussion on the amendment? Seeing none, all those say "aye." Vote on Motion to The motion to amend Bill 87 with the contents of Amend: Comm. 520.2 was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Back to the discussion on the main motion. MR. INABA: We do have the applicant and their representative here today, I believe. At the last reading in early November, three of us were missing, but there was concern that the current lessees had not been notified, and there's been some ongoing discussion as well regarding extensions of the lease. So I would like to provide the opportunity to Mr. Pipan and the applicant to explain anything. And contained within our pinkies as well is Communication 520.3, which are letters that were sent from Aloha Kia to the current lessees. So, Mr. Pipan, if you'd like to make any statements, please do so at this time. (Note: At this time, John Pipan, consultant, and Russell Wong, applicant's representative, came forward to address the members of the Council.) MR. PIPAN: Thank you very much. Aloha kakou. Thank you, Madam Chair, members of the Council. Since our last meeting, I trust you've received our communication, which is affirmed. We've been speaking with the tenants, Aloha Kia, the landowner. Sorry, I failed to introduce myself. John Pipan, consultant, here with Russ Wong of Aloha Kia. Chris Tamm, the landowner, is behind us. Page 21 Hawaii County Council-27 December 6,2023 We've offered to extend the leases of the three current tenants through the end of November 2025, and we feel that this is a fair compromise that would allow them opportunity to find alternatives through this transition period. I might add that should this potential purchase fail, there's nothing that would prevent the landowner from selling to another person. And basically killing this bill does not ensure that Millie's remains. So I just want to be sure that we're not disadvantaging a business by wanting to support a business. We shouldn't necessarily think about this in that way. This is a rezone request, and we should remember the original reason for the rezone. It's very hard to find properties that are appropriate that do have a General Plan industrial designation that would support a rezone like this to allow a car dealership. Car dealerships are very hard to site. There is public benefit to this project. Increased property taxes generated by the increased property value of this use would add to the County's coffers. The last I checked, I and probably most of us used a car to get here this morning. And Aloha Kia, for the last 20 years, has provided transportation for our community. And increasingly, those options are hybrid and EVs (electrical vehicles). So they are helping to address electrification of our transportation industry. Again, the proposal is aligned with the General Plan industrial designation, and this is law adopted by Ordinance 05-25. This project is consistent with and would implement the General Plan. This has been affirmed at each of our previous steps with the County agencies, the planning commission, and our Committee meeting with this body. The surrounding uses are of a commercial and industrial character. Again, Big Island Coffee Roasters, the Suisan warehouses are on either side. The airport is to the south. Industrial and commercial uses all around. Car sales and car rentals are just a short drive down Kalaniana`ole. Reeds Bay and Ice Pond are across the street, and they are natural beauty sites. They will be protected under the proposed action. The proposed development has been thoughtfully planned to minimize the impacts to the natural beauty of the area. The site will be landscaped per Planning Department Rule 17. And the proposed development would utilize the existing structure and add on to the mauka side a new building with a similar height, and this would minimize any view impacts from the development. The proposed use was evaluated with respect to its potential impacts to the environment, cultural, historic resources, shoreline access, and scenic views and was approved by SMA (Special Management Area) Major Permit 2023-32 with conditions requiring protections and mitigations for the project's modest impacts. These include limitations on exterior lighting fixtures, requirements for a drainage study, construction best management practices, the NPDES permit—the National Pollutant Discharge Elimination System permit—which will include the stormwater prevention plan. All of these would prevent impacts to nearby sensitive sites. Page 22 Hawaii County Council-27 December 6,2023 Again, the SMA permitting process evaluated all of these impacts and determined that, with the permit conditions, the project could proceed, pending approval of the change of zone. Any other industrial uses of this site that testifiers may have referenced junkyards, etcetera they would have to go through the SMA process all over again. The traffic impacts due to the proposed use are very modest, actually less than currently exists. Twenty peak-hour trips would be associated with the auto dealership, and that's including every oneemployees, visitors. Both DOT (Department of Transportation) and Department of Public Works' reviews of the project expected no adverse impacts to traffic based on the proposed use. So, again, please recall there are virtually no suitable sites for Aloha Kia to relocate from their leasehold to a fee simple property like this one. This is a very-few- and-far-between property. We have the opportunity here to permit a zoning consistent with the General Plan, and that has already satisfied the required environmental review. And again, I would respectfully caution the Council against making a decision to disregard the General Plan in this case and the work of the agencies, and favor one business while disadvantaging another. With that, Russ Wong, I think he had just a few words about Aloha Kia and their history here. MR. WONG: Yeah. Having sat through a lot of the testimony today, first I want to say I've heard all of it. Appreciate the testimony. It's always important. Obviously with any testimony, there's some things we agree with andI'm Russell Wong, I'm sorry. I'm responsible for the statewide operations of Aloha Kia. I identify myselfI was born and raised on Oahu. I identify myself as a Native Hawaiian. Proud graduate of Kamehameha Schools. And appreciate the opportunity I have with respect to this business. I definitely respect the community and understand the values of our culture. Aloha Kia has been in business in Hilo for over 20 years. In fact, our initial lease expired earlier this year. About five years ago, knowing our lease was expiring, we started looking for a suitable alternative where we could build our—so we have grown. The company has grown. And just a few things: 20 years ago, we started in Hilo supporting the community. The community supported us and allowed us to grow. We then invested and 12 years ago established a facility in Kona because our customers in Kona didn't want to drive all the way to Hilo for service. We decided it made business sense to invest in the community in Kona and have another dealership in Kona. So one of the things I want to say is it's not like there's going to be a new dealership in Hilo. Basically, we've got a three-year extension, and we are hoping to accomplish this objective so that we can move in three years to the new location. We're on a one-acre property right now. This is 1.79 acres. I think it's been stated many times. It will allow us the opportunity to Page 23 Hawaii County Council-27 December 6,2023 double our service facility. It will improve the flow. Because, if you know where we're at now, it's really kind of not a good flowing operation. It's going to have a lot of community benefit, in my opinion. And we understand the challenges of being at lease-end because that's what we are facing. And I truly have empathy for the existing tenants because that's what we've been going through the last four or five years, trying to figure out what we're going to do. So I want to take you through the process. We started looking five years ago and couldn't find anything. Dealerships like to be around other dealerships because we like like-businesses being around like businesses. And it supports the community because you're all in a similar area. We're not adding a dealership to Hilo. We are relocating a dealership from one location to another. As we looked for different properties, we studied all the available properties. There was nothing on the market. We looked at the tax map keys, and we found that this property was being tax assessed as an industrial property. And we had no idea this was a visitor-zoned property. So, for some reason, I don't know what happens in the County, but someone must have decided that this was more of an industrial property. And I think it was on what you guys call a General Plan. I don't understand that process. But it was on the General Plan as industrial property. And so we thought, "No problem." So we made an unsolicited offer to thea letter of intent that we wanted to enter into negotiations with the owner saying, "Hey, look, you've got industrial property in an industrial area." We are probablya car dealership is probably one of the best industrial businesses because we're clean; we're compliant. It's not, as I heard in testimony, a junkyard. You've got to have standards that the manufacturer requires of you in order to represent the manufacturer in the market. And so we thought this was a great—and not until we got into the letter of intent did somebody say, "Hey, it's master planned. It makes sense. It works. But you're going to have to go get zoning to change the current zoning to meet the master plan." John understands this stuff. I don't. I understand cars but I don't understand as much about the County stuff. So that's what brought us to this point. But I wanted to just share because I heard a lot of things about there's no community benefit to a big business in a market. And I just want to share a little bit. In our nation, car dealerships are often referred to as the backbone of Main Street, U.S.A. (United States of America). And they refer to car dealers as that because we generally are locally managed and locally run. And I am sure if you folks think of some car dealers, the names of the dealer principals in this Page 24 Hawaii County Council-27 December 6,2023 community, you'll know how much they care and commit to the community. And I think we've shown that over 20 years in Hilo and 12 years in Kona how much we care and commit to the community. I heard a guy here asking you guys today for support for soccer organizations. You don't know how many requests we get daily, weekly, monthly to support teams, to support—and that's the kind of stuff that car dealers do nationwide. We do support the communities we operate in, and we contribute a lot to the communities we operate in. We are an essential business. During the pandemic, I had employees that wanted to be furloughed because they wanted to collect on government-provided subsidies because they had to come to work. And people that weren't working were able to support their families as well as these guys that were there working every day. So I have a lot of respect for the healthcare workers, the grocery store because these guys had to go to work and greet people. MR. INABA: Mr. Wong, I'm going to ask if you can summarize, please. MR. WONG: I'm sorry. Okay, so we support Bill 87 as it allows us to invest further in the community if we get the approval, because a significant investment in building, and continue to support the community. I also don't—while we were outside waiting, a 20-year mechanic says, "Hey, what's going to happen if they vote against the zoning?" And I said, "We'll have to figure something out, but I don't know because we don't have options." So it's not like we're adding an operation to the Hilo community; we are continuing an operation. Your vote will help us continue an operation in this Hilo community. There's a lot of benefits that we provide. We care about the community. We love the communities we operate in. And I do ask for your support in considering to rezone this—we've (inaudible) for 15 months trying to do everything that we're supposed to do in the right way, and we just ask for your support to get us through the final hurdle. MR. INABA: Thank you. Just to confirm, the current landownerI'm looking at the real property tax map, and Aloha Kia is the applicant on this application. Mr. Pipan, can you clarify? MR. PIPAN: Correct. Chris Tamm is the owner of the property Bay Lighting. He's here if you have any questions. MR. INABA: Okay, so a non-property owner is the one submitting the application. MR. PIPAN: Correct. Yes. The applicant is a potential purchaser of the property. Page 25 Hawaii County Council-27 December 6,2023 MR. INABA: Okay. And if it isn't granted a rezoning, your intention is not to purchase. MR. WONG: Yeah. We couldn't purchase the property. MR. INABA: Thank you. Deputy Director, anything to add on the current application at this time? (Note: At this time, Planning Deputy Director Jeffrey Darrow came forward to address the members of the Council.) MR. DARROW: Aloha, Chair Kimball, Vice Chair Inaba, and members of the Council. Jeff Darrow with the Planning Department. Seeing the comments that had come in for this application, a lot of passion, a lot of strong emotions that this application is bringing out. It prompted me to take a good look at the history of this particular area as well as this property. This property actually was originally zoned in 1968 with the City of Hilo Zone Map. And at that time, basically what happens is they take that particular location, and they identify the zoning that's usually in place at that time. And then they approve the map through ordinance. So the City of Hilo Zone Map was approved in 1968. At that time, this property as well as the properties to the west and to the makai east property was zoned resort. In 1975, the Hilo Community Development Plan was approved by resolution. In that plan, it identified this particular triangle that's in this location where the resort zonings are as being proposed to be general industrial one acre by the community development plan. And so, shortly after that, in 1981, the property to the northeast had come in for a rezoning from resort to limited industrial or light industrial. And in that, it's interesting, the language they use in the ordinance. It says, "An ordinance amending Section 7.29, the City of Hilo Zone Map, Article 2, Chapter 8, Zoning Code of the Hawaii County Code, as amended, to conform with the County of Hawaii General Plan, as amended on July 5h, 1979." Let me back up for a minute. So the first General Plan was approved in 1971. And at that time, it had pretty much reflected the current zoning, which was these properties being resort and then the properties to the east being industrial. And so in 1979, after the Hilo CDP (Community Development Plan) was approved, apparently there was an amendment to the Geneal Plan changing this area to industrial. My thought would be in response to the Hilo Community Development Plan. And since that time till the current General Plan, it's remained industrial, this property as well as the properties to the east and to the west. Page 26 Hawaii County Council-27 December 6,2023 The last time we were here, I believe it was Council Member Evans asked if the draft General Plan is also proposing industrial for this property as well as the properties to the east. That is correct. They are continuing to propose this area for industrial. When you look at the General Plan in the South Hilo District under the industrial land use element, it identifies three primary industrial locations within Hilo: One is the Kanoelehua area, another is the Hilo Harbor area, and the last is the Hilo airport area. And they are trying to concentrate these industrial areas in an area where these transportation facilities are in close proximity to these industrial areas. Now that's from a general picture. So, again, I'm just trying to provide some background as to how we got here, how these properties all of a sudden changed from resort to industrial on the General Plan, and why the Planning Department feels that this is an appropriate request, being consistent with the General Plan goals, policies, and objectives as well as the graphic depiction of the Land Use Pattern Allocation Guide Map for this particular area. We've taken a good look at this. There's been a lot of concerns regarding potential impacts to the Ice Pond, potential impacts to beautiful nature, beauty sites that are proposed in the General Plan. Those all are located on the makai side of Kalaniana`ole Highway. This is on the mauka side of that road. There's been a lot of activity in this area currently with improvements to that particular roadway. And again, the main reason most likely that I'm assuming is the traffic to the harbor with all the large trucks coming in and out. Again, the transportation facilities. This location has all essential utilities available. It has sewer. It has storm wells, correct, for runoff. It has utilities as far as electrical, water; everything is available. So, again, this is why the Planning Department does feel that this request is appropriate for this particular location. MR. INABA: Thank you, Deputy Director. I do want to hear, myself, from the Council Member of the district. Prior to that, though, I just want to state public benefit has been brought up today. The public benefit is often brought up in the perspective of adding to the County coffers. County coffers doesn't necessarily mean public benefit all the time, and I said this before: Do not caution the Council against making decisions that are within our powers, duties, and functions. We can choose whatever we want to do with an application that is before us. I'd like to hear from Council Member Lee Loy at some point. Thank you. CHR. KIMBALL: Thank you, Vice Chair Inaba. Okay, kick us off,please. Page 27 Hawaii County Council-27 December 6,2023 MS. LEE LOY: Thanks, Mr. Darrow. Thanks, Mr. Pipan, Mr. Wong, for being here. Jeff, walk me through that dates of the original zoning maps, the General Plan, the City of Hilo Map, and then kind of that overall broad strokes. Tell me the dates again. And you mentioned a previous change of zone MR. DARROW: Correct. MS. LEE LOY: And the way that ordinance was structured. MR. DARROW: So, originally, the Hilo City Zone Map, which identified this particular location's original zoning, was approved in 1968. This identified this property as well as the properties in that triangle to the west and then one property to the east on the makai east side. That was in 1968. The first General Plan was approved in January of 1971, which basically reflected the current zoning. So it identified the industrial zoning to the east. And this property and the property adjacent to it to the east and the west were identified as resort. In 1975, the Hilo Community Development Plan was approved. The plan identified this area to be industrial, general industrial one acre. So instead of doing a land use designation, it gave more of a zoning designation. So it gave one of the highest industrial designations for this area. And it wasn't just this way; it was also to the east as well. In 1981, there was the rezoning to the east on the makai side of a property that was currently zoned resort. And they requested the rezoning to light industrial. And again, the way that the wording was on the title of the zoning was that it was going to conform with the Amended General Plan of 1979. And so that was interesting. Again, I tried to locate that and I couldn't find it, but it was referenced in that ordinance. The next major General Plan update was in 1989, 2005, and then currently. And from 1989 until the current General Plan, it's remained industrial. Thank you. MS. LEE LOY: Thanks, Mr. Darrow. And when we talk about zoning designations, "V" is resort and this one would be "ML,"right, for light industrial? MR. DARROW: Correct. MS. LEE LOY: Thanks. If I could, Chair, I wanted to call up Pat Kahawaiola`a and maybe even qualify him as a subject-matter expert. Uncle Pat, if that's okay? (Note: At this time, Patrick Kahawaiola`a, representing Keaukaha Community Association, Inc., came forward to address the members of the Council.) MR. KAHAWAIOLA`A: Hello, my name is Pat Kahawaiola`a. Page 28 Hawaii County Council-27 December 6,2023 MS. LEE LOY: Thank you, Uncle Pat. The tract, so eloquently called Keaukaha, established when? MR. KAHAWAIOLA`A: The tract is in 1924. MS. LEE LOY: And the establishment of the harbor? MR. KAHAWAIOLA`A: 1929. MS. LEE LOY: And then the establishment of the airport? MR. KAHAWAIOLA`A: 1929. MS. LEE LOY: Thank you so much, Uncle Pat. For me, I have to stand with my community. They've been there long before any of this, and they will continue to be there. They're homestead. They can't be gentrified. Their lands are held in trust under the Hawaiian Homes Act, and so they'll continue to be there. And so what I heard loud and clear is people no ask. People no come talk to them. What helps enhance our Native Hawaiians in that area? Currently, the port of Hilo is going through a harbor expansion. They never talk to the lessees of the warehouse that will then be transformed into expansion of the pier. So we're going to see more people be displaced and need industrial lands. The area KIAA, Kanoelehua Industrial Area—stop giggling Uncle Pat—State Department of Land and Natural Resources and Hawaiian Home Lands. And so I find it really ironic that a trust that is supposed to empower and rehabilitate Native Hawaiians is actually stepping on them along with the State. As a planner, I absolutely understand zoning and rational nexus and evaluation of how things transform communities, including the conditions of approval and the SMA process. But this one's a little close to home for me because our homestead community just a mile down the road has been there long before the original plan of 1968, the General Plan of '71, the CDP of'75, a rezoning of'81, and now a current General Plan of'89. And so there's a lot going on down in Keaukaha, and I've said this many times on the dais: We have carried. We heard one testifier today: hapai. Hapai the airport. Hapai the harbor. Hapai the wastewater treatment plant. Yeah. This one's tough for me, John, but I'm going to be saying no. I've got to stand by my community because plenty times, nobody even went to ask. In fact, nobody did. Thanks, I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Council Member Kagiwada. Page 29 Hawaii County Council-27 December 6,2023 MS. KAGIWADA: Thank you, Chair, and thank you for sharing, Council Member Lee Loy. Deputy Darrow, can I ask you a question? It was actually me who asked about the zoning and the intent of the General Plan, but has Hilo the first Hilo CDP in 1975, have we ever had an action committee for our CDP? MR. DARROW: I'm not sure. I don't believe so. MS. KAGIWADA: Okay. For me, this is one of the biggest issues here. Hilo does not have an action committee, and so people do not know what's going on. They don't have support from the County for giving their input. And so we have other places around the island that have this support and Hilo does not, including the homestead communities. So, to me, this is one of the biggest issues here, is that they were not included, as Sue said. And I think one of the reasons why is they have no standing in the same way that all the other communities have on the island. So that really—I've been saying this for the last year and a half, and to me this is a result of AP (action plan), because they would have known and not be in this situation if they had reached out to the community when they started looking five years ago. And this is a horrible position now; they spent all this time and money, and the community really doesn't want it. And they would have known this if we had a community action group that could give input. Sorry I'm getting upset; there's a lot of emotion here today. The other one thing I want to say is when I first saw this plan and I was told that the General Plan was already planning to rezone that triangle, which includes both the Big Island Coffee Roasters and this land, I believe, when I look at it on paper, it makes a lot of sense. But if you actually go there and you are there and you're going into the entrance of a very special place on our island, you're not going to go through and just look in one direction. This is a whole area when you're entering. And so, to me, while it seems to make sense on paper, I don't know that it makes sense when you're actually there in person. So, at this point, I'm also leaning to voting "no" on this, and I'd like to hear from my other colleagues. Thank you. CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. I think the moment of enlightenment for me was last month at Council when Aunty Laurie came and said that, "Hey, nobody knocked on my door. Nobody asked. Nobody told me what the plan was so that I could make plans for my future." And so that rubbed me the wrong way in so many ways, because prior to being on the Council, the work that I did was communication and community outreach. And I can respect and appreciate the Page 30 Hawaii County Council-27 December 6,2023 applicant going through this process, but before you even start that process, you engage the community, the stakeholders, that are potentially impacted. That in and of itself needed to happen before all of this rezoning had been requested. I remember that area when Ponds was Harringtons. My dad would pay me five bucks to do the hula, and I would pick all the cheese off the escargot. On the weekends, almost every other weekend, I'm taking my kids and sometimes I will join them: We'd jump off the guardrail into Ice Pond. I will park at Lili`uokalani and I will run all the way down to Richardsons and back. I think to myself as I pass all of the industrial development that is there: "Wow! They got it wrong. They got it so wrong." And here we have, at this moment, an opportunity to maybe get it right this time. I just cannot support this request. I understand you want to relocate your business. I know that there was so much time and effort on your end put into finding the best location, but this location is not it. It goes beyond potentially displacing these local establishments, and these establishments are important because they contribute to the character that makes Keaukaha and the Hilo community so special. I want to preserve some of that. Right? I want to preserve some of that. So I'm going to be supporting my colleague who represents this district, and stand by our community and say no. Thank you, Chair. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. I'm going to go to Council Member Villegas. MS. VILLEGAS: I really appreciate the passionate comments from my colleagues here. We've had a day of rough ones after yesterday, a very long day. Yeah,just everything Ms. Kierkiewicz was sharing reminds meI was actually born on this side and grew up down these ways a little bit, but it was really hanabata days so I don't have as many memories. I appreciate you bringing up all the years of the different plans, but what resonates more with me is the history of the environmental degradation. And it's actually now termed "environmental racism"when industrial and airports and harbors and ports and wastewater treatment facilities and oil refineries and all these things are put in areas of indigenous people and land allocation. And so I really wish we could go back and change that but we can't. But this is an opportunity today to say no. And the General Plan,just because it's the General Plan doesn't mean it's right. It doesn't mean it is ideal land use. It means that there are people that decided in a room, looking at pages and pieces of flat paper, that this looked like this on a thing. But it doesn't mean it's the best, greatest use for that piece of property, or in alignment with the current utilization of that area. Page 31 Hawaii County Council-27 December 6,2023 And sitting at Ponds and looking at the turtles and koi and watching the kids play has become one of my favorite means of self-care, other than going to temple, when I'm in Hilo. And just the thought of that being at all degraded; unfortunately, sir, I recognize it's not your intention. And you are in a rock and a hard place because you need to find another place to go. But I don't think this is the place for you. And you, sir, purchased a piece of property years ago, resort zoning. Ironically, I'm going to recognize you can't get anything upzoned to resort, really, in very many places anymore. So it's a rock and a hard place, but I don't think I can be — I can't support this today. I also—Mr. Pipan, it's not convincing that a car lot would be across the street from cold ponds. Water rolls downhill and it will go towards the other water most predominantly. So that doesn't guarantee that from a pavement or a parking lot or whatnot that things won't land in the ocean or in those sacred areas. So, from a fundamental place of protecting what's left of this entrance to Keaukaha and trying to ensure that it remains in the hands of the people who have stewarded it, and that we can do what we can to ensure the legacy of what families appreciate there is protected and perpetuated. I recognize the irony; the property could be sold still in resort zoning, and then we'd get back here and it's a hotel or all these other things. Another beauty and joy of this job. But my apologies, sir; I won't be supporting this today. And once again to the Planning Department, we can get that General Plan. But without an action committee and people actually getting to participate, I won't be supporting this today. So I yield. CHR. KIMBALL: Thank you, Council Member Villegas. Checking in quickly with Kona. Council Member Evans, any comments on this one? MS. EVANS: I'm very pleased by the discussion we've had. I'll be voting "no," but I just wanted to let the person who's put a lot of energy into doing this, I do follow the logic that was presented by the Planning Department and how they came to the conclusion. And, yes, you could follow that, but one thing that I found here, being on the Council, I think the big challenge is some of these ideas and proposals will go through the Planning Department and then into the planning commission. And the planning commission meets during the week, and a lot of people don't even know what their process is and what they do, and why they should show up to the planning commission. And then, all of a sudden, it ends up in the Council. And I would have to say I think Chair Inaba hit it spot on, that when it comes to the Council, we're here to listen to the people. It is a public hearing, an opportunity for people to weigh in. Yeah, it's unfortunate there was not a lot more weigh in before it got to us. And you're kind of part of the process we have Page 32 Hawaii County Council-27 December 6,2023 that I'd love to see changed and more community engagement before it gets to us. But I truly believe what my colleagues and everybody's spoken of. I agree with their thoughts, and for that reason, I'll be voting "no." Thank you, I yield. CHR. KIMBALL: Thank you, Council Member Evans. Vice Chair Inaba. MR. INABA: Just quick summary thoughts. Usually, I feel like these discussions happen around open space or undeveloped land going to residential or industrial or commercial. Today, we have land that's already developed, and the question is whether we change the zoning that allows for a use that currently wouldn't be allowed. But I do appreciate, Deputy Director, you providing that history. Look where the General Plans have gotten us; sorry to say it. They're good documents and they might have prevented some things, but look at where we are in Kona and in Puna and in Hilo. In areas where there's concentrations, we have issues. So I'll just wrap up. I'll be supporting the Council Member's decision of the district, and do want to mahalo the public for coming to testify because your voices were heard. And if not at previous hearings, we did get to hear you today. So I'll be voting against passage of this bill. CHR. KIMBALL: Thank you, Vice Chair Inaba. Anyone else? Council Member Galimba and then Council Member Kaneali`i-Kleinfelder. MS. GALIMBA: Thank you, Chair. I think it's a little bit academic at this point. I think you can see where things are going, and I do reallyI mean I feel sort of badly that you had to go so far into the process to get to this point. And it's sort of ironic that we all voted for it in Committee, and now it's that's kind of hard. But the community has come out against it, and probably that would not bode well for your business even if it were approved. As people have said, it looks good on paper. I mean, next door to it are other industrial properties, and I think that was why we made that decision. And I do definitely hear you about there not being any place else for you to go. I mean, there is but it's hard to find a place that would be appropriate in Hilo, and I think that is a problem. We might not like looking at industrial places; warehouses; and car lots, although we all love new cars of course. So that's, I think, something that I think we have to be careful that we not forget what the realities are of living in a city; you need to have city infrastructure. Where I live in Ka`u, you don't have to have a car lot because there's nothing there, and that's the way we like it. But if you live in the city. So there does need to be industrial areas, and so I think we need to think really carefully in our General Plan and make sure we have areas for your business to go to because we doI do value Kias. I mean, Kia is a leader in EVs, which we need. We need to do an EV transition desperately, and Kias are one of the best. They're very affordable. You see Kias everywhere; very popular. I was looking at them. I Page 33 Hawaii County Council-27 December 6,2023 may still even buy a Kia EV yet. They're going to be surprised because I drive a Ford F-350 right now. But, yeah, I guess I just wanted to sort of recognize your difficulties. We do want to support the necessary businesses in our community. So it's a tough one for me to change my vote, but I guess I will be. Thanks. CHR. KIMBALL: Thank you, Council Member. Council Member Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. While I do appreciate today, there's a few things, sort of numbering them. One, there's a number of small businesses in this room who showed up. I'm a small business owner, and I appreciate small businesses. They're the backbone of our community. And you're each here for a different purpose. The beautiful thing about today was seeing our process work. Our small businesses came in; they voiced. We have a small business trying to grow. We have another small business behind them who is doing, in his mind, what it takes to be a small business. Each of you is trying to promote growth in our economy and in our community in your own way. I think it's beautiful that we've actually had this conversation and gotten to a point here. And this is how our process works, and for a good reason; it gives people the ability to come in and say, "yes," "no," "I don't like this," "I like this," "I want to see this happen." Our community spoke today. They're listening and they showed up, and that's important for us to recognize. Perhaps we do things differently next time. Perhaps we have the conversations needed. Maybe we shift direction as a whole for our community. But I like what I'm seeing. This is a beautiful collaboration of different folks in our community who don't usually talk to each other. So, to me, this is good. Jeff, did I hear you right? The CDP for Hilo hasn't been updated since 1975? MR. DARROW: Correct. MR. KANEALI`I-KLEINFELDER: So almost 50 years old. I'm just going to say 50 years is a long time. I think Suisan was groundbreaking before our General Plan even came into existence. And I've heard that from a testifier in the past, so thank you for clarifying. I was looking at our General Plan,just trying to get some background. I'm going to read this quote from the General Plan, and then I'll just leave it alone already: "Government has responsibility to identify, understand, forecast, protect and promote local economic sectors and to balance economic growth with desired environmental, social and other objectives of the community. Government has many policy instruments available to influence and guide developments, investment, and operation of private and public interests. Page 34 Hawaii County Council-27 December 6,2023 "The economy, however, should not be considered as the primary focus of the General Plan. The planning process is geared towards the achievement of a higher quality of life for the residents of the County. Working towards the goals, policies, and standards of the economic element are only one aspect of accomplishing this desired end." That's from our General Plan. I'm going to use that today because the community is saying, "We understand economy. We understand business. We understand what we're trying to do today, but this isn't what we want to see for our community." I'm going to leave it at that because that's a County document. That's a guiding light for how we grow and how we make decisions. That's also a good, to me, wrap up today for all of us to understand the decision in front of us and why we're coming to it today. I do want to recognize our businesses in the back who came in. And you spoke for your aunty, correct? Yup. And I watched her almost cry, and I know what that means because I've been through similar things. It's like losing a baby when you lose a business. But it's also not our job to tell the landlord what to do with the tenants that are in the building. I think it's important to know. But I really appreciate the emotion I saw from her, because it's like losing a child when you lose a business. So thank you. Thank you for everyone being here today. This is not an easy decision. And I appreciate each of your perspectives, and I appreciate the discussion we've had today at the Council as well. Thank you. CHR. KIMBALL: Yes, go ahead, Council Member Kierkiewicz. MS. KIERKIEWICZ: Sorry, it's just kind of burning in me. There's a lot of reference made to General Plan and different community plans. These plans are meant to serve as guides to help folks in our position, on the commission, in the department, help guide our decision. But we do not have to adhere to what is in those documents. It is our job to evaluate every single application, every single request that comes before us. And for us to evaluate is what is being requested the highest and best use of that property. And I think in this situation, the request before us is not the highest and best use. Thank you, Chair. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. I'm going to take this opportunity to wrap up the discussion and also add that with respect to rezoning, and this has come up quite frequently having to do with the time extensions, is we are not rezoning for a car dealership. We are rezoning to industrial. And that means we are saying that this property is appropriate for all of the uses in the light industrial section of the Code. And so this isn't about this business versus that business. It's about, over time, looking at the surrounding area, is this a use—are all of these uses things that we think are reasonable for this area? I was reminded of that recently regarding another matter, and so I did go and look and say, "Okay, what are all the uses, Page 35 Hawaii County Council-27 December 6,2023 then?" And frankly, there are some but I'm not comfortable seeing right across the street from Ice Pond. So this isn't a ruling about Aloha Kia. This is a ruling about are all the industrial uses appropriate in that location, and I can't say that I feel that they are. With that said, I think we have enough to go forward with the vote. MR. DARROW: Council Chair? CHR. KIMBALL: Yes, go ahead. MR. DARROW: I would like to respond, if I could. CHR. KIMBALL: Make it brief,please. MR. DARROW: I will. The Planning Department really takes the General Plan as well as the community plans to heart, and it's almost considered as a sacred document to us. And the reason why is because the people of those areas and the island have put that plan together, and it's been approved by Council as the appropriate document to guide us in our decisions for land use and direction. And that's why we put so much emphasis on those documents when we do make our decisions. We CHR. KIMBALL: Thank you. Go ahead. MR. DARROW: There's two things, yeah. One is our current General Plan is open at this time for comments. So I do want to encourage people that testified today to also comment on the General Plan in relation to what happened today in regards to that particular area, so that can be documented and considered moving forward, and the other areas that they may consider. Lastly, in this particular request, because it's in the SMA, any use that is proposed, regardless if it's permitted in the zoning, would still have to go through an SMA permit, which is a public hearing before the planning commission. So it's not just allowing all of the uses in that. It would have to get approval and public hearing for the additional uses. Thank you for the opportunity. CHR. KIMBALL: Thank you for that clarification, Deputy Director, and for the important reminder to everyone that the updated General Plan is open right now for public comment. And we're operating off of the 2005 plan right now. So these things are lasting for a long time, and they are considered very strong guidance. And we certainly take that guidance into consideration as well as the recommendation of the planning commission. So I appreciate you highlighting the importance of the public's participation in the generation of that document. I do want to get us off this, but real quickly, Council Member Lee Loy. Page 36 Hawaii County Council-27 December 6,2023 MS. LEE LOY: I'm going to take this a little differently, Chair. Motion to Postpone: Ms. Lee Loy moved to postpone Bill 87 indefinitely. Seconded by Ms. Galimba. MS. LEE LOY: Chair, on the motion to postpone indefinitely. Thank you, Chair. I know the rules. I'm actually pulling this one out because I want to recognize that I have to put a community back together after times like this. And I don't want to walk out of this room feeling like winners and losers. In essence, John, and you know this, it basically kills the matter, right. But I think it gives us an opportunity to still reconnect, still talk story, still look at other options for how we do grow economy here in Hilo, and especially in that area. I also recognize that when my colleague mentioned very eloquently about we're going to a designation, in this particular one the SMA really would have controlled that, right. Couldn't be anything else unless it was this. And I think it gives us an opportunity to talk story a little bit more; really,people lean in on the General Plan, as Mr. Darrow mentioned, with all these land use levers and switches that we have. And so I am asking for that because it gives me an opportunity so that we can really reconnect the community after something like this. CHR. KIMBALL: Thank you, Council Member Lee Loy. MR. HENRICKS: I just thought it'd be helpful to interject. This is not a motion that's used very often. So,just so that the applicant, the department,people of interest, understand what this motion means, I can read directly from our rules, rather than interpreting it. Would that be CHR. KIMBALL: That would be great. MR. HENRICKS: Good for the Council too? CHR. KIMBALL: Yes. Thank you, Mr. Clerk. MR. HENRICKS: "When a question is postponed indefinitely, the same shall not be acted upon again or revived at any subsequent meeting of the Council which so disposed of such questions unless by consent of the majority of the Council. This motion indicates that the Committee or Council declines to take a position on the main question and the adoption of the amendment effectively kills the main motion. The motion must be seconded, is debatable . . ."yada, vada, vada. So the brunt is the first part, that it effectively kills it and should not be acted upon again unless there is a consent of the majority. CHR. KIMBALL: Just to clarify again for everyone, is that"acted upon" in this term or in perpetuity? Page 37 Hawaii County Council-27 December 6,2023 MR. HENRICKS: I read it as, well—and bills don't really carry over that far in the future anyway, and they're also, at some point, the Planning Department might be concerned about the Council acting upon a bill that the planning commission hadn't seen for years. So there's other considerations. But in here it says, shall not be revived at any subsequent meeting of the Council which so disposed of it. So that would be this Council. CHR. KIMBALL: Okay. Thank you for the clarification. All right, we'll go to Vice Chair Inaba. MR. INABA: So, if we vote "yes" on this motion, it could be brought back in the next term because it's a new Council? MR. HENRICKS: I think that's a very nuanced question because of again the other things I mentioned about other planning matters, when the planning commission's recommendation and director's recommendation that conditions might expire for other reasons. And also—you've been here. Bills do cross over from one term to another, but not typically with this kind of a duration of a whole year before the next term comes in. So I wouldn't anticipate the next CouncilI don't know what the next Council is or what they might do, but trying to revive this particular Bill 87, as amended to Draft 2, into that discussion. But it would appear to be possible through the rules. MR. INABA: All right, thank you. MR. HENRICKS: But there's other considerations that would take place too, beyond this rule itself. MR. INABA: Lots of discussion. Going back to Chair Kimball's comments regarding all of the permitted uses of light industrial, I can't support this. If it's possible that it could be brought up in January of 2025 exactly as we're seeing it today, that's not okay with me. So it's a"no" on postponement. I'd like to vote on the main motion, which would be to pass it. CHR. KIMBALL: Council Member Kagiwada on the postponement. MS. KAGIWADA: Thank you. I'll be supporting my colleague on this. I understand her wanting to work with community on it, and I don't see a threat, if you will. So I think it's a tool in the toolbox that can be used to try to bring the community together. So I'll support. CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Kaneali`i-Kleinfelder, on the postponement. Page 38 Hawaii County Council-27 December 6,2023 MR. KANEALI`I-KLEINFELDER: Given the Clerk's comments, Mr. Darrow, if it did come back January 2025, would the Windward Planning Commission, would their ruling still hold at that time? MR. DARROW: If the request was exactly the same. But I can be honest with you: In all the years I've been working with the Planning Department, I've never seen a bill that was postponed indefinitely come back. What we would probably do is request for it to go back to the planning commission just to review it because it'll be a new commission if the commission had changed, and then bring it back up. MR. KANEALI`I-KLEINFELDER: Okay, thank you. MR. DARROW: Thank you. MR. KANEALI`I-KLEINFELDER: Chair, I think I'm going to concur with Mr. Inaba. What I felt today was a decisive listening to the community and setting a bar so it's very clear what's going on. But the postponing indefinitely feels different and it is different. So I'm going to be siding with or voting in accordance with what I heard from Mr. Inaba today. Thank you. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Any further discussion on the postponement? Council Member Evans, checking in with you. MS. EVANS: Chair? CHR. KIMBALL: Yes, go ahead, Council Member Evans. MS. EVANS: Thank you. I'm going to be voting "no" on the postponement. I don't want to lead anybody into false hopes that they can change. I think there's a lot of things in play, like the General Plan being updated, this need to have a lot more community engagement, and the other thing is the owner. If the owner decides they want to come into a rezone, maybe the owner has to come in and ask for a rezone. But this, as presented, this use and this great discussion we've had with the community I think lends itself to we just shouldn't be postponing this bill. So I will be voting "no." Thank you. CHR. KIMBALL: Thank you, Council Member Evans. I'm going to move to the question on this matter. A roll call vote, please, Mr. Clerk. Page 39 Hawaii County Council-27 December 6,2023 Vote on Motion to The motion to postpone Bill 87 indefinitely failed by the Postpone: following roll call vote: Failed Ayes: Council Members Kagiwada and Lee Loy —2. Noes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Absent: None. Excused: None. CHR. KIMBALL: Please, again, a roll call vote on the main unless there are any final comments. Okay. Let's go for it. All right. Roll call again, please. Vote on Bill 87: The motion to pass Bill 87, as amended to Draft 2, on first Draft 2 reading and adopt Legislative Approvals and Acquisitions Failed Committee Report No. 39 failed by the following roll call vote: Ayes: None. Noes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Absent: None. Excused: None. CHR. KIMBALL: Thank you to our applicant and Mr. Pipan. MR. PIPAN: Mahalo. I'll be sticking around for Bill 101 as well. CHR. KIMBALL: Yeah, so actually,just for everybody, we're going to do 101 now and then I'm going to give everybody a break, because we've been sitting here for a while. Page 40 Hawaii County Council-27 December 6,2023 Bill 101: AMENDS SECTION 25-8-33 (CITY OF HILO DISTRICT ZONE MAP), (Draft 2) ARTICLE 8, 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 SINGLE- FAMILY RESIDENTIAL–20,000 SQUARE FEET (RS-20) AT HILO, HAWAII, COVERED BY TAX MAP KEY: 2-4-079:002 (Applicant: Constance Imamura) (Area: 23,012 square feet) 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 to accommodate an existing dwelling. The property is located at 1212 West Kawailani Street, Waiakea Homesteads, South Hilo. Reference: Comm. 590.2 Intr. by: Mr. Inaba(B/R) Approve: LAAC-43 Motion to Approve: Mr. Inaba moved to pass Bill 101, Draft 2, on first reading and adopt Legislative Approvals and Acquisitions Committee Report No. 43. Seconded by Mr. Kaneali`i- Kleinfelder. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: Thank you. Yes, we did have discussion at the Committee hearing on this rezoning. Again, it was to carve out a piece of the property. Pretty straightforward unless the applicant's representative has anything to add at this point. For anyone who has questions, I think we might be ready for the vote. Thank you. CHR. KIMBALL: Anybody has questions for the applicant or applicant's representative or the department on this one? MS. EVANS: Chair, I have a question for the department. CHR. KIMBALL: Yes, Council Member Evans. MS. EVANS: On Section 2 of the Draft 2, there's language in here that I think is standard language that you put in these resolutions. I just wanted to know, this is Section 2, Subsection 2, it's on page 2—isn't that interesting: two, two, two—it's under—you have an "A"that says, "Protection of the public from the potentially deleterious effects of the proposed use . . . ." How do you evaluate that when you look at the fact that you're going to go from one resident on three acres to RS-20, which means you're going to have, what, seven, eight homes, potentially? (Note: At this time, Planning Deputy Director Jeffrey Darrow came forward to address the members of the Council.) Page 41 Hawaii County Council-27 December 6,2023 MR. DARROW: Aloha, Council Member Evans. At our last discussion, we had made it known that the applicant was only requesting for one portion of the property to be rezoned to residential, and the remainder to remain agricultural. So it's only creating one residential lot. MS. EVANS: So it's in the title for me. I'm not quite seeing it. Is it in the title that it's three acres minus 20,000 square feet? Is that a minus sign instead of a dash? Because, the way I read it is you want us to change it from A-3a to RS-20. MR. DARROW: Correct. And then if you just a little further in the bill, it has the metes and bounds of the area that will be rezoned from agricultural three acres to residential 20,000 square feet, which is a total of 23,012 square feet. MS. EVANS: So, basically, it's the to know what's really being done by this, you have to look to the legal description MR. DARROW: Correct. MS. EVANS: To understand. So we're not approving the whole entire property being RS-20? If I look at the tax map key in the future, will it—it won't beI guess what I'm saying is that impact of this is we're taking it out of A-3a. We're actually giving them the ability to do RS-20 in the future, even if they're only doing one right now. Because if I look at the tax map key for whatever, it's going to show the whole entire thing now is RS-20. Am I right in assuming that or wrong? MR. DARROW: That would be incorrect, Council Member. It would be the map reflects the visual depiction of the zoning, which would be approximately I think a little over three acres or four acres remains in FA three acres. And then the remainder of it will be RS-20, which is a total of 23,012 square feet. So it ends up being a type of dual zoning. MS. EVANS: Okay. I think that's important to know because I've never seen this before. It's my first one. Okay, thank you. Thank you, Chair, I yield. CHR. KIMBALL: Thank you, Council Member Evans. With that, we'll proceed to the vote. All those in favor of adopting Bill 101, Draft 2, at first reading, please say "aye." Page 42 Hawaii County Council-27 December 6,2023 Vote on Bill 101: The motion to pass Bill 101, Draft 2, on first reading and Draft 2 adopt Legislative Approvals and Acquisitions Committee (Approved) Report No. 43 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Thank you again, Director, for being here and Mr. Pipan. Recess: At 3:03 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 3:16 p.m. Return to Order The Chair directed the Council to return to the order of business. of Business: ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 287-23: URGES THE OFFICE OF THE MAYOR TO REQUIRE THAT ALL BOARD AND COMMISSION MEETINGS PROVIDE VIRTUAL ACCESS FOR PUBLIC PARTICIPATION, LIVE VIEWING, AND POST-MEETING VIEWING Seeks to ensure maximum levels of involvement, transparency, and accountability of government activity. Reference: Comm. 497 Intr. by: Mr. Inaba Approve: GOEAC-84 (Note: Comm. 497.18, from Council Member Holeka Goro Inaba dated November 21, 2023, transmitting proposed amendments to Res. 287-23, was circulated.) Motion to Approve: Mr. Inaba moved to adopt Res. 287-23 and Governmental Operations and External Affairs Committee Report No. 84. Seconded by Ms. Kagiwada. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: Mahalo. We did have some good discussions with the Administration on this, and there are some amendments today. Page 43 Hawaii County Council-27 December 6,2023 Motion to Amend: Mr. Inaba moved to amend Res. 287-23 with the contents of Comm. 497.18. Seconded by Ms. Kierkiewicz. CHR. KIMBALL: Vice Chair Inaba, on the amendment. MR. INABA: Just adding a last"WHEREAS." It reads that the Office of the Mayor is requested to provide us a report regarding its progress for virtual access for public participation, live viewing, and post viewing by March 31", in line with the budget process, so that we can see that hopefully at the beginning of the fiscal year we'd be in a good position to get these things going. And it gives the Administration six months to look at those that currently do and do not have these remote virtual access for the public. And then, sorry, there is also on the back side corrections to misspellings or errors in the Exhibit A that shows which boards and commissions currently do and do not offer virtual access. So I ask for your support on this amendment. CHR. KIMBALL: Thank you, Vice Chair Inaba. On the amendment, Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Yes,please. I do believe—on the back of the amendment, correct, 497.18? MR. INABA: Yeah. MR. KANEALI`I-KLEINFELDER: I did ask for some rewording on some of our boards and commissions, and I do appreciate that being taken care of as well. Thank you. CHR. KIMBALL: Thank you, Council Member. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. On the amendment. I will be supporting it. I really do appreciate there being a very clear deadline, reasonable deadline, for the Administration to respond and let us know about feasibility to implement this. A very important request by the Council that's also very much supported by the community. Were we able to get confirmation from the Mayor's office if they're able to do this by that time frame? I think it's more than enough time, but it is holiday season. And so I just want to make sure that they're comfortable with this. CHR. KIMBALL: You may respond, Vice Chair Inaba. MR. INABA: Beyond the conversation that we had where they represented, there was no further conversation than that. But, yes, they were indicating that they could provide us an update by March. Page 44 Hawaii County Council-27 December 6,2023 MS. KIERKIEWICZ: Okay, sounds good to me. And they'll be getting a copy of the resolution anyway, so they'll know what the deadline is. Thank you, Chair. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else on the amendment? Seeing none, all those in favor please say "aye." Vote on Motion to The motion to amend Res. 287-23 with the contents of Amend: Comm. 497.18 was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Vote on Motion to Mr. Inaba moved to suspend Council Rule 23 to waive the Suspend Council holdover for the substantive amendment of Res. 287-23. Rules: Seconded by Ms. Kierkiewicz and carried by the following (Approved) voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: We will go forward on the discussion of Resolution 287-23, as amended. MR. INABA: Thank you. We did have good discussion. We have some ongoing projects outside of this as well, not just for relooking at Code and how we might be able to incorporate it, but also looking at how we (inaudible) staff our boards and commissions. So a lot of effort going into making sure that our boards and commissions are representative, they're fully staffed, and that our public has access to the meetings no matter where they may be on this island or in this world. So I ask for everyone's support on this resolution, as amended. Thank you. CHR. KIMBALL: Thank you. Any further conversation? Seeing none, all those in favor of adopting Resolution 287-23, as amended, please say "aye." Page 45 Hawaii County Council-27 December 6,2023 Vote on Res. 287-23: The motion to adopt Res. 287-23, as amended to Draft 2, Draft 2 and Governmental Operations and External Affairs (Adopted) Committee Report No. 84 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Res. 328-23: URGES THE MAYOR TO ENTER INTO NEGOTIATIONS WITH THE UNITED STATES DEPARTMENT OF THE INTERIOR FOR THE ACQUISITION OF THE PROPERTY IDENTIFIED AS TAX MAP KEY: 5-6-001:062, KNOWN AS OLD COAST GUARD ROAD, AND OTHER ADJACENT FEDERAL LANDS AS MAY BE NECESSARY, SITUATED IN THE AHUPUA`A OF `UPOLU, DISTRICT OF NORTH KOHALA The County seeks to acquire property to provide secure, safe, and legal public access to the Honoipu/Puakea portion of the Ala Kahakai trail system, including the Mo`okini Heiau and birth site of Kamehameha I. Reference: Comm. 557 Intr. by: Ms. Evans Approve: LAAC-40 (Note: Comm. 557.14, from Council Member Cindy Evans dated November 27, 2023, transmitting proposed amendments to Res. 328-23, was circulated.) Motion to Approve: Ms. Evans moved to adopt Res. 328-23 and Legislative Approvals and Acquisitions Committee Report No. 40. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. I want to offer an amendment. Motion to Amend: Ms. Evans moved to amend Res. 328-23 with the contents of Comm. 557.14. Seconded by Mr. Inaba. CHR. KIMBALL: On the amendment, Council Member Evans. MS. EVANS: Thank you. This is just in the `BE IT RESOLVED." After we had the discussion about we need to make sure the road is in fair condition when we hopefully can finalize an agreement for the transfer, that I'm going to make Page 46 Hawaii County Council-27 December 6,2023 sure that our honorable congressman and the head of the parks department and the Department of the Interior get our resolution, a copy of it. And so I added them in the `BE IT RESOLVED." CHR. KIMBALL: Thank you, Council Member Evans. Any further discussion on the amendment? Seeing none, all those in favor please say "aye." Vote on Motion to The motion to amend Res. 328-23 with the contents of Amend: Comm. 557.14 was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Vote on Motion to Mr. Inaba moved to suspend Council Rule 23 to waive the Suspend Council holdover for the substantive amendment of Res. 328-23. Rules: Seconded by Mr. Kaneali`i-Kleinfelder and carried by the (Approved) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Back to the main motion, adoption of Resolution 328-23, as amended. Any further discussion? Council Member Evans. MS. EVANS: I just want to thank the community for showing up this morning, which seems like a long time ago, and how they really supported and I think really articulated well why this is important that it comes to the County. So thank you. CHR. KIMBALL: Thank you, Council Member Evans. Any further discussion on this resolution? Seeing none, all those in favor please say "aye." Page 47 Hawaii County Council-27 December 6,2023 Vote on Res. 328-23: The motion to adopt Res. 328-23, as amended to Draft 2, Draft 2 and Legislative Approvals and Acquisitions Committee (Adopted) Report No. 40 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Res. 337-23: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO THE FRIENDS OF AMY B.H. GREENWELL ETHNOBOTANICAL GARDEN Approves a grant of$171,370 to the Friends of Amy B.H. Greenwell Ethnobotanical Garden, a 501(c)(3)nonprofit organization, to continue providing land stewardship and cultural education for properties in Kealakekua(Tax Map Keys: 8-2-013:002, 003, 014; 8-2-014:043 and 8-2-015:059), pursuant to Section 10-16(h) of the Hawaii County Charter. Reference: Comm. 569 Intr. by: Ms. Galimba Approve: LAAC-41 Motion to Approve: Ms. Galimba moved to adopt Res. 337-23 and Legislative Approvals and Acquisitions Committee Report No. 41. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Galimba. MS. GALIMBA: I ask for my colleagues' support. CHR. KIMBALL: Thank you. Any additional comments? Seeing none, all those in favor please say "aye." Vote on Res. 337-23: The motion to adopt Res. 337-23 and Legislative (Adopted) Approvals and Acquisitions Committee Report No. 41 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 48 Hawaii County Council-27 December 6,2023 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. 341-23: CREATES ONE NEW PERMIT SYSTEMS COORDINATOR POSITION AND ONE NEW FACILITIES PROGRAM MANAGER POSITION FOR THE DEPARTMENT OF PUBLIC WORKS Establishes two new positions to (1) maintain the EPIC permitting system and (2) manage the Building Division's Design and Engineering, General Services, and Repair and Maintenance sections. Reference: Comm. 573 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-110 Vote on Res. 341-23: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 341-23 and (Adopted) Finance Committee Report No. 110. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. 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) Postponed: November 1, 2023 First Reading: November 15, 2023 Motion to Approve: Ms. Lee Loy moved to pass Bill 83 on second and final reading. Seconded by Ms. Villegas. CHR. KIMBALL: Council Member Lee Loy. Page 49 Hawaii County Council-27 December 6,2023 MS. LEE LOY: This is in Ms. Villegas's district. Any comments, but I'm asking for my colleagues' support. CHR. KIMBALL: Thank you. Council Member Villegas. MS. VILLEGAS: Thanks. I think we've had lengthy discussion on this, and I just ask for continued support in moving this along. CHR. KIMBALL: Thank you, Council Member Villegas. Vice Chair Inaba. MR. INABA: There was concern regarding just the hours for nighttime fishing, being that the restriction zones would start at 8 p.m. Understanding kind of where we need to shift with the park right now. Is that something that, if there really is pushback and adverse effects on the fishing community or those trying to access between sunset and midnight, that we might be able to revisit this? And this might be something joint between Police and DPW (Department of Public Works). But I just want to address a concern that was brought up by community. (Note: At this time, Public Works Director Stephen Pause came forward to address the members of the Council.) MR. PAUSE: Good evening. Steve Pause, Director of Public Works. I just conferred with Reid. Yeah, no, I was aware of that. It came up in conversations earlier. I think the intent here is to just prevent the overnight parking. So if we were to need or if it was warranted to shift that 8 p.m. to a little bit later, that's something we could clearly consider. I think when we did this, as well as we had another—what we were looking at is just to prevent the overnight parking. Again, I think we could be amenable if that becomes an issue. MR. INABA: Thank you, Director. I'll be supporting it as is, and if we do need to revisit, we can revisit. But I think it does—eight o'clock is, for anybody who sets up after sunset, enough time to wrap up their things and head out. So we'll go from there for now. CHR. KIMBALL: Thank you, Vice Chair Inaba. Council Member Villegas. MS. VILLEGAS: Yes, and just quickly to clarify, these signs have been up for four months, six months already? MR. PAUSE: That's correct. I have the ability to put them up, and then it needs to pass through Council for final approval. But, yes, they have been up for at least three or four months, correct. MS. VILLEGAS: And my point being that they have been up, and there have been no complaints of such things. And having worked with a park at Kohanaiki and the sensitivity to nighttime fishing in that area, and that is actually a County Page 50 Hawaii County Council-27 December 6,2023 park, that shoreline is not easily accessible without access through the gates. So I just want to express my sensitivity to those concerns thank you, Mr. Inaba—and point out that we haven't had any issues. But if or when we did or do, I would look forward to working with DPW and Parks and Rec. (Recreation) to help rectify. I yield. CHR. KIMBALL: Thank you, Council Member Villegas. Checking in on Kona. Council Member Evans, looks like your light may be on. MS. EVANS: Yes. I want to do a follow-up to a comment made by Director Pause, and that is you have the authority to put up signs, but you still have to come in front of the Council. And would this be on any County road? MR. PAUSE: I believe that is exactly accurate, yes. MS. EVANS: Wow! That's great. I'm glad I know now. I've got one to come to you on. Thank you. I yield. CHR. KIMBALL: Thank you, Council Member Evans. That sounds like you'll be printing some signs, Steve. All right, any further discussion on this item? Seeing none, all those in favor of approving Bill 83 at second and final reading, please say "aye." Vote on Bill 83: The motion to pass Bill 83 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball–8. Noes: None. Absent: Council Member Kierkiewicz– 1. Excused: None. 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) First Reading: November 15, 2023 Motion to Approve: Ms. Lee Loy moved to pass Bill 95, Draft 2, on second and final reading. Seconded by Ms. Galimba. Page 51 Hawaii County Council-27 December 6,2023 CHR. KIMBALL: Council Member Lee Loy. MS. LEE LOY: Asking for my colleagues' support. CHR. KIMBALL: Any further discussion? Vice Chair Inaba. MR. INABA: Just as a comment, there was testimony on this today regarding this description, and in the future, if we might at least get a TMK (tax map key) or something to really help orient us on a map, it might be helpful. But in support and in following Chair Kimball's support of this. So thank you. CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Bill 95: The motion to pass Bill 95, Draft 2, on second and final Draft 2 reading was carried by the following voice vote: (Adopted) Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 342-23: CREATES ONE NEW GRANT COORDINATOR POSITION, ONE NEW PUBLIC SAFETY COUNSELOR POSITION, AND ONE NEW HUMAN RESOURCES SPECIALIST II POSITION FOR THE POLICE DEPARTMENT Establishes three new positions to (1) identify and evaluate potential funding sources, (2) support employees and their families by maintaining a safe and productive work environment, and (3) address the department's personnel expansion. Reference: Comm. 574 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-111 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 342-23 and Finance Committee Report No. 111. Seconded by Mr. Inaba. (Note: At this time, Police Major Reed Mahuna came forward to address the members of the Council.) CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. Page 52 Hawaii County Council-27 December 6,2023 MR. KANEALI`I-KLEINFELDER: Thank you. There were some questions regarding the positions at the last meeting. Thank you for being here today, Mr. Mahuna. I'll lean to my other Council Members. Thank you. I yield. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Discussion? Any further questions? Vice Chair Inaba. MR. INABA: Is it Acting Deputy Chief Mahuna? MR. MAHUNA: Yes. MR. INABA: Thank you for being here. Just a question on the grant coordinator. I know the Police Department has been getting a lot of grants lately, and great work. So is this position to support an existing employee in that role and in that kuleana, or is it—where is this position focused on? MR. MAHUNA: So, right now, we have individual division and section heads that do grants for their own for example, when we had a grant for two school resource officers, I was at the time, this was many years ago, I happened to be the acting captain out in Puna, and I was brought in to do that grant. So, basically, you have people in the department that are trained, that look out for grants and apply when they can. In this case, we are now going to have a specialized person who is very good at looking for and applying for grants. So we anticipate that our success rate will of course improve, and what we can apply for will improve as well. MR. INABA: Awesome. Thank you so much for being here today. Chair, I yield. MR. MAHUNA: Not at all. Thank you. CHR. KIMBALL: Thank you. Any further discussion on this one? Seeing none, all those in favor please say "aye." Vote on Res. 342-23: The motion to adopt Res. 342-23 and Finance Committee (Adopted) Report No. 111 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball–8. Noes: None. Absent: Council Member Kierkiewicz– 1. Excused: None. Page 53 Hawaii County Council-27 December 6,2023 Res. 340-23: CREATES TWO NEW INFORMATION TECHNOLOGY SPECIALIST IV POSITIONS, ONE NEW INFORMATION TECHNOLOGY SPECIALIST V POSITION, ONE NEW INFORMATION TECHNOLOGY SPECIALIST VI POSITION AND ONE NEW INFORMATION TECHNOLOGY SPECIALIST VII POSITION FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY Establishes five new positions to maintain operational standards, increase vigilance in cybersecurity, and focus on in-depth strategies to increase cyber maturity. Reference: Comm. 572 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-109 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 340-23 and Finance Committee Report No. 109. Seconded by Ms. Lee Loy. (Note: At this time, Information Technology Director Robert Ewbank came forward to address the members of the Council.) CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. Thank you for being here today, Director. There were some questions last time, and I think you folks couldn't make it down. I'll lean to my other Council Members for further questions. Thank you. MR. EWBANK: Thank you. CHR. KIMBALL: Are there questions for the Director from anyone? Council Member Villegas, yes. MS. VILLEGAS: Just a quick mahalo for fixing our email boxes so that we no longer are constantly having full emails. Really appreciate it. MR. EWBANK: I made a promise and I tried to follow through. CHR. KIMBALL: You've been nominated for best-dressed director today. You look good too (inaudible), but I'm sorry, he's got the suit and tie. Yeah. We'll take the vote later today and let you know what the outcome is, but you've been nominated. MR. EWBANK: Thank you, Chair and County Council. CHR. KIMBALL: I just want to take a moment to mahalo Director Ewbank. He and I sat down and had a really great conversation last week about his vision for the direction of the department and some of the areas that you're working to close Page 54 Hawaii County Council-27 December 6,2023 some gaps. I just want to say I was really impressed with our conversation. Even though you're a Buckeye, I will forgive you for that. But, no, I think all of us can rest assured that you're doing an excellent job ensuring that we're going to have a functioning DIT (Department of Information Technology) division, and our data in the County is going to be safe, which I think is another great part of these positions that you're bringing in. So I just wanted to mahalo you and let you know I really appreciate our conversation. MR. EWBANK: Thank you, Chair. Likewise. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. There was a question as far as terminology the terminology used in the resolution, "cyber maturity," and then what the meaning of that was. MR. EWBANK: Yes, sir. That is actually an industry standard terminology. I'm reminded of what we saw earlier with our recipient of—our state champion, the young lady that won the air rifle state championship. And she talked about if you had asked her three years ago, would she ever experience this type of moment. There was a maturity there. We're looking for the same type of maturity. MR. KANEALI`I-KLEINFELDER: Okay. Thank you. Thank you for the clarification. Thank you. MR. EWBANK: Sure. CHR. KIMBALL: All right, thank you. With that, we'll move to the vote. All those in favor, please say "aye." Vote on Res. 340-23: The motion to adopt Res. 340-23 and Finance Committee (Adopted) Report No. 109 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. CHR. KIMBALL: I believe that's all for you, right, Director? MR. EWBANK: Thank you, Chair. Thank you, Council. CHR. KIMBALL: Thank you. Have a great day. Page 55 Hawaii County Council-27 December 6,2023 Res. 344-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE GREENS MOWER FOR THE DEPARTMENT OF PARKS AND RECREATION Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$1,200, to be used at the Hilo Municipal Golf Course. Reference: Comm. 576 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-113 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 344-23 and Finance Committee Report No. 113. Seconded by Ms. Lee Loy. (Note: At this time, Business Manager Reid Sewake and Golf Course Administrator Troy Tamiya, Parks and Recreation Department, came forward to address the members of the Council.) CHR. KIMBALL: Council Member. MR. KANEALI`I-KLEINFELDER: Thank you for being here today. There were some questions that arose at Council I think regarding lease amounts and the cost of the equipment. So maybe you could give us a little background and then go to questions from the members if there are any. And thank you for being here again. MR. SEWAKE: Yeah, sure. Reid Sewake, Business Manager. To my right, I have Troy Tamiya, Golf Course Administrator. Yeah. So these requests are for five-year lease agreements, which will essentially be added to our fleet of mowers for golf course daily maintenance, and happy to answer any questions. MR. KANEALI`I-KLEINFELDER: I'm going to yield. Thank you. MS. GALIMBA: I just wanted to get more info (information)because—well, before us is GP400. I looked up GP400. It's quite a lot less than 68,000, even a diesel. So I'm just wondering what is it. Why is it so much? I looked upI couldn't find too many quotes for GP400 diesel, but in the UK (United Kingdom), there's one fora diesel for—and I don't know if it's a diesel. It's not a diesel. The gas is like 18,000 on the Mainland. The diesel in the UK is 30,000 pounds, which is $40,000 more or less, still quite off from 68,000. So I'm wondering why. MR. SEWAKE: The way we got this amount is pretty much based on historical bids that went out. I believe our last greens mower that we obtained was in the Page 56 Hawaii County Council-27 December 6,2023 neighborhood of 55,000, around there. For this particular mower, we did get a quote and that's how we got our figure of 65,000. So that includes shipping and tax as well. And it is a specialized equipment, yeah. MS. GALIMBA: Okay. Maybe (inaudible) I wanted to find out more, like, yeah, I would like to know the justification. So if this is specialized, is there a special mower that you guys are buying in addition to the main part, because the main mower doesn't seem that expensive? MR. TAMIYA: I can answer that. Troy Tamiya, Golf Course Administrator. The GP400 is a greens mower. On the golf course, there are greens. The grass is cut at three-sixteenths of an inch. So nothing but something like that piece of equipment would be able to cut it at that level. So a normal mower wouldn't be able to do the job. We currently have two. One is broken. So that one greens mower is cutting 20 greens, 7 days a week. MS. GALIMBA: I'm not I mean, I totally understand the need to get new equipment and all that. MR. TAMIYA: It's a specialized mower and you can't rent it. It's not for rent. And it's not really a piece of equipment that we can ask to borrow. MS. GALIMBA: Yeah. But is this a single—did you guys get multiple quotes, or is that just from one? MR. TAMIYA: I think it went out to bid. MR. SEWAKE: Oh, no. We got the quote just for the purpose of budgeting. It still would need to go out to bid, and that would be handled by our purchasing division. I mean, it's possible that the low bidder would be less than 65,000. MS. GALIMBA: I see. Okay. MR. TAMIYA: We would love to get it at 18, though. MS. GALIMBA: Yeah. Can go on the internet and find that person that's selling it for 18. And I mean shipping's only like four or five at the max. So I wish you guys luck on that. MR. TAMIYA: Thank you. MR. SEWAKE: Thank you. CHR. KIMBALL: Thank you. Vice Chair Inaba. Page 57 Hawaii County Council-27 December 6,2023 MR. INABA: So the 1,200 a month, I think it comes out—are you estimating $4,000 for shipping or ? MS. GALIMBA: They haven't— MR. aven'tMR. INABA: How does that work? Because 1,200 a month across 60 months comes out to MR. SEWAKE: That monthly amount is kind of forecasted the interest rate ofI think I used three-and-a-half percent. I know recently our interest rates have been pretty good, even less than 2 percent. But, in understanding the market today, it's still higher than that. So we entered three-and-a-half percent just to calculate the estimate on the amortization over the five-year life of the loan. MR. INABA: Okay. So 1,200 comes out to 72,000. So that 4,000 is the interest. MR. SEWAKE: Correct. MR. INABA: Got it. Thank you. CHR. KIMBALL: Council Member Galimba, I assume you're done? MS. GALIMBA: Yes. CHR. KIMBALL: Your light's still on. MS. GALIMBA: Oh, sorry. I guess I'm done, but I guess I would like to—is there a way for you guys to come back and let me know what the results are? MR. SEWAKE: Yeah, absolutely. MS. GALIMBA: That would be awesome. Thanks. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: With all those questions in mind, if you don't spend 68,000, then what happens? MR. SEWAKE: Because it's a lease, we would just take that actual monthly payments and put it in our budget for the next year. MR. KANEALI`I-KLEINFELDER: Okay. Thank you. CHR. KIMBALL: Any further discussion? Seeing none, all those in favor of adopting Resolution 344-23, please say "aye." Page 58 Hawaii County Council-27 December 6,2023 Vote on Res. 344-23: The motion to adopt Res. 344-23 and Finance Committee (Adopted) Report No. 113 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 345-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND (Draft 2) OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR FOUR 60-INCH DECK ROTARY MOWERS FOR THE DEPARTMENT OF PARKS AND RECREATION Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$1,350, to be used at the Hilo Municipal Golf Course. Reference: Comm. 577.2 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-114 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 345-23, Draft 2, and Finance Committee Report No. 114. Seconded by Ms. Lee Loy. (Note: At this time, Business Manager Reid Sewake and Golf Course Administrator Troy Tamiya, Parks and Recreation Department, came forward to address the members of the Council.) CHR. KIMBALL: Any discussion on this item? Council Member Galimba. MS. GALIMBA: Thank you. So, similarly, I would like to know more because just looking at again the internet wait, I'm trying to find your total budget, what you're asking for is somewhere the monthly cost of 1,350 before there was a total cost of 77,000 for four mowers. And this is just the mower part that goes behind, right? It's not the whole tractor. Is it a tractor too, or is it just the mower part? MR. TAMIYA: These are riding mowers. MS. GALIMBA: Okay. MR. TAMIYA: Yes. MS. GALIMBA: It's a whole mower plus tractor. Because if you look up 60-inch deck rotary motor, it just shows the tractor part. So I was little confused. Page 59 Hawaii County Council-27 December 6,2023 MR. TAMIYA: No, it's one piece. MS. GALIMBA: Okay. Thank you. CHR. KIMBALL: Thank you, Council Member Galimba. Vice Chair Inaba. MR. INABA: Thank you. The amounts listed in the B-52, the total of 77,000, is that for one or is that for a combined four? MR. SEWAKE: That is for the combined four. MR. INABA: Okay. All right, thank you. I yield. CHR. KIMBALL: Thank you, Vice Chair Inaba. Council Member Galimba. MS. GALIMBA: Again, this still has to go out, right? This is just an estimate. MR. SEWAKE: Yeah,just an estimate. It still needs to go through our bid solicitation. MS. GALIMBA: Okay, thanks. CHR. KIMBALL: Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 345-23: The motion to adopt Res. 345-23, Draft 2, and Finance Draft 2 Committee Report No. 114 was carried by the following (Adopted) voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 346-23: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE 5 GANG ROTARY MOWER FOR THE DEPARTMENT OF PARKS AND RECREATION Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$1,900, to be used at the Hilo Municipal Golf Course. Reference: Comm. 578 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-115 Page 60 Hawaii County Council-27 December 6,2023 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 346-23 and Finance Committee Report No. 115. Seconded by Ms. Lee Loy. (Note: At this time, Business Manager Reid Sewake and Golf Course Administrator Troy Tamiya, Parks and Recreation Department, came forward to address the members of the Council.) CHR. KIMBALL: Discussion? Council Member Galimba. MS. GALIMBA: At this point, I'll just go "ditto,"yeah. I mean, this one's a little closer. I think it was but it's still kind of off. So I would, yeah, love to see what you guys actually come back with because we do want to get good value and not get abused by our vendors. As a rancher, I'm very passionate about that. CHR. KIMBALL: Thank you, Council Member Galimba. You are now known at the mower expert on the Council. MS. GALIMBA: Yes. Heavy equipment. CHR. KIMBALL: Heavy equipment, okay. We'll just—yeah. And Ram trucks or Borg? Okay. Ram trucks, okay. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I have a question. Every day I drive into town, and I see the signs in the grass just going bshk around the sign, yeah, because you can't hit it with the driving or riding lawn mower. Do they make a machine that actually goes, like, whoock, around it? MR. TAMIYA: Not that I know of. MR. KANEALI`I-KLEINFELDER: Wouldn't that be amazing? MR. TAMIYA: Yes, it would actually. MR. KANEALI`I-KLEINFELDER: Thank you. That's my random thought for the day. CHR. KIMBALL: There's opportunity, Mr. Kaneali`i-Kleinfelder. All right, any further discussion? Yes. MS. LEE LOY: Hi, fellas. Thanks for being here. Absolutely in support of the purchase of all of this equipment for the golf course. Just wondering how much we can maybe offset some of this through some other green fees or other things. Is that possible? MR. TAMIYA: Reid? Page 61 Hawaii County Council-27 December 6,2023 MR. SEWAKE: Yeah, so, because they're a special revenue, we kind of have to—we're kind of restricted year to year based on revenues we bring in. But in recent years, the golf course has been doing pretty good as far as rounds. So we are looking at budgeting some of the fund balance maybe to purchase needed equipment. MS. LEE LOY: Yeah,perfect. I just know it's a real popular course, and we have amazing talent that comes off of that course through the junior golf program. And by the way, what high school you guys went? I yield. CHR. KIMBALL: Thank you, Council Member. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 346-23: The motion to adopt Res. 346-23 and Finance Committee (Adopted) Report No. 115 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball–8. Noes: None. Absent: Council Member Kierkiewicz– 1. Excused: None. Res. 370-23: AUTHORIZES THE ACCEPTANCE OF A DONATION OF AN ADA-COMPLIANT ELKAY WATER REFILLING STATION WITH INSTALLATION TO THE DEPARTMENT OF PARKS AND RECREATION The donation from Keiki of Da Aina Foundation,with an estimated value of $2,000, would be installed at the Kekuaokalani Gymnasium in Kailua-Kona. Reference: Comm. 618 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Vote on Res. 370-23: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 370-23. (Adopted) Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball–8. Noes: None. Absent: Council Member Kierkiewicz– 1. Excused: None. Page 62 Hawaii County Council-27 December 6,2023 Res. 371-23: AUTHORIZES THE ACCEPTANCE OF A DONATION OF AN AWNING WITH INSTALLATION TO THE DEPARTMENT OF PARKS AND RECREATION The donation from West Hawaii Veterans Cemetery Development and Expansion Association, with an estimated value of$13,000, would be installed at the West Hawaii Veterans Cemetery. Reference: Comm. 619 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 371-23. Seconded by Mr. Inaba. CHR. KIMBALL: Any discussion? Vice Chair Inaba. MR. INABA: I'd just like to take the opportunity to mahalo the organization for this donation. At the Veterans Day Celebration, we got to see it in use. And it really does provide a lot of space for the community, especially on those days where we go to recognize and pay tribute to those who served. It's a very nice addition to the cemetery. So, for my district and for those in Kona, sending our mahalo. And taking the opportunity as well for the last resolution to also thank Keiki O Ka `Rina for their donation. Thank you. CHR. KIMBALL: Thank you, Vice Chair Inaba. Council Member Kaneali`i- Kleinfelder. All right. Anyone else? Seeing none, all those in favor please say Ic aye. Vote on Res. 371-23: The motion to adopt Res. 371-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 63 Hawaii County Council-27 December 6,2023 Res. 361-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NORTH KOHALA COMMUNITY RESOURCE CENTER TO ASSIST WITH EXPENSES RELATED TO THE INSTALLATION OF A NEW BOAT CRANE AT MAHUKONA WHARF Transfers $4,160 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 596 Intr. by: Ms. Evans Motion to Approve: Ms. Evans moved to adopt Res. 361-23. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. This was an effort with the community working with our Parks Department, and this is really going to help them. This money is to help them with the valuation of the pier at Mahukona Wharf, serving the pier and also evaluating and certifying this new boat crane that the community has put a lot of energy and effort into making this happen. So it's my pleasure to support them, and I ask for your support. CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. This is really neat. I've been to this area quite a few times. My family and I enjoy this spot. I have always wondered about that big rusting metal object on the pier. I mean, it's neat but I didn't expect to see something like this resolution come forward and looking at putting a new one in. That's very interesting. I like that. So, well done. Thank you. CHR. KIMBALL: Thank you, Council Member. Anyone else? Seeing none, all those in favor please say "aye." Page 64 Hawaii County Council-27 December 6,2023 Vote on Res. 361-23: The motion to adopt Res. 361-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 343-23: CREATES ONE NEW ASSISTANT CONTROLLER POSITION FOR THE DEPARTMENT OF FINANCE Establishes a new position to assist the Controller with the implementation of new accounting standards statements and the new Enterprise Resource Planning system, as well as address additional requirements for the Employee's Retirement System. Reference: Comm. 575 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-112 Vote on Res. 343-23: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 343-23 and (Adopted) Finance Committee Report No. 112. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. CHR. KIMBALL: Thank you. Just a reminder, future Managing Director, remind folks we need all resolutions and bills in by the 20'h for the January meeting. Thank you. Return to Order The Chair directed the Council to return to the order of business. of Business: Page 65 Hawaii County Council-27 December 6,2023 Res. 338-23: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO POHAHA I KA LANI Approves a grant of$56,100 to P6h5h5 I Ka Lani, a 501(c)(3) nonprofit organization, to continue providing land stewardship and cultural education for the Waipi`o Valley Lookout in the Hamakua District(Tax Map Key: 4-8-004:006), pursuant to Section 10-16(h) of the Hawaii County Charter. Reference: Comm. 570 Intr. by: Ms. Kimball Approve: LAAC-42 Motion to Approve: Ms. Lee Loy moved to adopt Res. 338-23 and Legislative Approvals and Acquisitions Committee Report No. 42. Seconded by Mr. Inaba. CHR. KIMBALL: Just asking for my colleagues' support for the continued work of Jesse and Kulia up there at the Waipi`o lookout. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 338-23: The motion to adopt Res. 338-23 and Legislative (Adopted) Approvals and Acquisitions Committee Report No. 42 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 339-23: CREATES ONE NEW CLERK III POSITION FOR THE DEPARTMENT OF RESEARCH AND DEVELOPMENT Establishes a new position to provide clerical support to the Administrative Services Assistant and numerous Specialists in the department. Reference: Comm. 571 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-108 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 339-23 and Finance Committee Report No. 108. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member. Page 66 Hawaii County Council-27 December 6,2023 MR. KANEALII-KLEINFELDER: The Deputy was here a few minutes ago, and I've texted her but I don't see her. So if there's any questions for her, I will go down and grab her and come back, but I don't have any at the time. CHR. KIMBALL: Any further discussion on this item? Seeing none, all those in favor please say "aye." Vote on Res. 339-23: The motion to adopt Res. 339-23 and Finance Committee (Adopted) Report No. 108 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 347-23: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE DEPARTMENT OF RESEARCH AND DEVELOPMENT Allows for the receipt of$50,000 of federally-derived funds to provide community- based training and regional education from local historians, cultural practitioners, and other sources to AmeriCorps Volunteers in Service to America personnel. Reference: Comm. 579 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-116 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 347-23 and Finance Committee Report No. 116. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member. MR. KANEALII-KLEINFELDER: I have her via text. If there's any questions, I will have her come down, otherwise we can move this forward. Thank you. CHR. KIMBALL: Thank you. I think we had a good discussion about this in Committee. Any further discussion? Seeing none, all those in favor please say Ic aye. Page 67 Hawaii County Council-27 December 6,2023 Vote on Res. 347-23: The motion to adopt Res. 347-23 and Finance Committee (Adopted) Report No. 116 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 359-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR REIMBURSEMENT OF EXPENSES RELATED TO THE 37TH ANNUAL BIG ISLAND PRO-AM SURFING TRIALS Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 594 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Lee Loy moved to adopt Res. 359-23. Seconded by Mr. Inaba. CHR. KIMBALL: Discussion? Yeah, Council Member Kagiwada. MS. KAGIWADA: I just had a question for Corp. Counsel, actually. J, sir? CHR. KIMBALL: Corporation Counsel? MS. KAGIWADA: Yoohoo. CHR. KIMBALL: Assistant Corporation Counsel. MS. KAGIWADA: J. (Note: At this time, Assistant Corporation Counsel J Yoshimoto came forward to address the members of the Council.) MS. KAGIWADA: Thank you, Deputy Corporation Counsel. I just have a question on the CRF (Contingency Relief Fund)because I was told that we couldn't reimburse our nonprofits for things after they've already happened if we Page 68 Hawaii County Council-27 December 6,2023 hadn't even voted on it before it happened, and this is from September 2nd reimbursing folks for an event that happened September 2nd. So I just want some clarification for myself going forward for CRFs. MS. LEE LOY: I might have a little to add to this. MS. KAGIWADA: Okay. CHR. KIMBALL: Go ahead. MS. LEE LOY: I got a note from Council Member Kierkiewicz. They applied. The paperwork kind of got lost in the shuffle. So the request was made and kind of all the forms were filled out well before the event and was told it was okay, but I'm not sure what you have. MS. KAGIWADA: Okay. So had she cleared it with Corporation Counsel or ? She already cleared it Corporation Counsel. MS. LEE LOY: Yes. MS. KAGIWADA: Okay, all right. But for clarity going forward. MR. YOSHIMOTO: For clarity, right, yeah, I believe Elizabeth Strance opined in the past, right. The way the Code reads, it's before. But I thought the Council was thinking about changing that or maybe clarifying that. But, basically, the interpretation is still the same, yeah. But it sounds like this matter got— MS. otMS. KAGIWADA: Special circumstances and got—okay. Okay. I wanted to make sure we weren't dealing with different things here. CHR. KIMBALL: So I'll take a moment to clarify what Corporation Counsel Strance and I have kind of agreed to as far as the interpretation of that "before" component, which is that if the person receiving the funds has a reasonable expectation that those funds will be delivered to them, that is what has to happen. And what we're using as the measure of that is the contingency relief form going to the department that will be distributing those funds. If that has happened in advance of the event, then we're considering it to have met the requirements of our Code and rule. MS. KAGIWADA: Okay. And if something happens, it sounds like we can go to Corporation Counsel and just explain if there's some CHR. KIMBALL: It sounds like in this case that the paperwork had already gone through. MS. KAGIWADA: Oh, I see. Page 69 Hawaii County Council-27 December 6,2023 CHR. KIMBALL: It's just that this final step of the resolution had not. But the paperwork had already been done in advance of the event. MS. KAGIWADA: Got it. Okay. CHR. KIMBALL: So that's kind of—there has to be some reasonable expectation before the event by the person receiving the funds. (Inaudible), for our purposes, is the submission of the contingency relief form. MS. KAGIWADA: Okay, perfect. Thank you so much. I appreciate it. CHR. KIMBALL: Council Member. MR. INABA: On that, I am working on that section of the Code. So, when we do bring the bill forward, we can have a discussion on how we're going to take that up. Thank you. CHR. KIMBALL: Thank you. Council Member Villegas. MS. VILLEGAS: I just have a quick question because my staff has worked really diligently, thank you so much, and received so many different answers under different circumstances. But one question that I'm getting right now is our understanding was that it was as long as the Mayor signs off prior to the event. CHR. KIMBALL: I get to be the decider I'm the Presiding Officer—in this, with the advice of Corporation Counsel. But the position that I'm going to take at this time in terms of interpretation of the Code and our rules is that as long as the contingency relief form paperwork has been submitted with all of the documentation to the department in advance of the event, we are meeting the spirit of the Code. That does not mean that the Mayor has signed off on it. The full package of paperwork has been submitted to the department. MS. VILLEGAS: Thank you. Duly noted and will move forward with that understanding. CHR. KIMBALL: Yes. MR. KANEALI`I-KLEINFELDER: Minute follow-up. Does the department have to approve, or just has to be submitted to? CHR. KIMBALL: That was the concern, is that we have no control over how long it takes the department to actually process it. And so it isour best intention is to get it to them before the event. But, okay, despite all of that, I'm going to conclude by saying, please try to get everything in and get it on the agenda in Page 70 Hawaii County Council-27 December 6,2023 resolution form for us to approve before the event. This should be the exception, not the rule. We're clear? We're clear, okay. To the matter at hand, Resolution 359-23, any further discussion? All those in favor, please say "aye." Vote on Res. 359-23: The motion to adopt Res. 359-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball–8. Noes: None. Absent: Council Member Kierkiewicz– 1. Excused: None. Res. 360-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE WREATHS FOR THE WEST HAWAII VETERANS CEMETERY-PU'U HO`OMAHA O NA POB KOA O HAWAII KOMOHANA FOR THE NATIONAL WREATHS ACROSS AMERICA DAY Transfers $1,500 from the Clerk-Council Services –Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 595 Intr. by: Ms. Galimba Motion to Approve: Ms. Galimba moved to adopt Res. 360-23. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Galimba. MS. GALIMBA: I'm kind of way behind everyone else on this, but ask for your favor—for your approval from my colleagues. CHR. KIMBALL: Thank you, Council Member Galimba. Vice Chair Inaba. MR. INABA: I just would like to point out this is occurring at the West Hawaii Veterans Cemetery on December 16''. So if anybody from the public does want to go and help to put the wreaths out on every grave and in front of the columbariums, I believe it's happening at nine o'clock that day. Thank you. CHR. KIMBALL: Thank you very much. Anyone else? I will just add, pertinent to our previous conversation, this is also related to CRF. But do be sensitive to the fiscal year overlap, and you can't reimburse for something that happened in the previous fiscal year. That's a different scenario. Anyway, onto the item at hand. All those in favor of adopting Resolution 360-23, please say "aye." Page 71 Hawaii County Council-27 December 6,2023 Vote on Res. 360-23: The motion to adopt Res. 360-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball–8. Noes: None. Absent: Council Member Kierkiewicz– 1. Excused: None. Res. 362-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NA MAMO HA`AHEO TO ASSIST WITH EXPENSES RELATING TO AN ART SERIES USING HAWAIIAN PLANTS Transfers $5,000 from the Clerk-Council Services –Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 597 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 362-23. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Lee Loy. MS. LEE LOY: If I could share for a moment, I actually urged this nonprofit to do this. They are pa`u riders for our Merrie Monarch Festivals and have been the units for every single island and the court. And we all love that parade, specifically for the pa`u units, but it's the lei making and the draping that they have on the horses. And there is a very unique skillset that goes into making those leis for the horses and the riders. And so I pushed and—you know Merrie Monarch took a break because of COVID (coronavirus disease) and so did the parade. So we're back here now again, and I'm glad they're taking up the challenge. So I really do want to thank, we all know her, Brittany Iyo, over at Parks Department; Scott De Sa; and Lucas. They're with the nonprofit but I just look forward to that art series that they do for them with this money, along with the ability to maybe even grow capacity in that tradition of lei making for our pa`u units during Merrie Monarch Festivals. So I do ask for my colleagues' support. CHR. KIMBALL: Thank you, Council Member Lee Loy. Anyone else? Seeing none, all those in favor please say "aye." Page 72 Hawaii County Council-27 December 6,2023 Vote on Res. 362-23: The motion to adopt Res. 362-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball–8. Noes: None. Absent: Council Member Kierkiewicz– 1. Excused: None. CHR. KIMBALL: I hear Council Member Lee Loy and Galimba talking about riding in Merrie Monarch. We're going next year,right? All right, train your horses, please. Res. 363-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NO NA `OPIO TO ASSIST NA HOA O PUNA SOCCER WITH ITS NA HOA CUP TOURNAMENT Transfers $7,500 from the Clerk-Council Services –Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 601 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 363-23. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Looking for everyone's support. Rico was one of our testifiers this morning, the one who lost his voice. I just really commend him for what he's done. He's offered the sport of soccer to our youth. This last season, the Hilo High versus Waiakea High School game, if any of you watched, it was an amazing game. It was pretty brutal because there's two teams going head to head who really are all the same kids who've grown up together. But the reason I'm saying, Hilo High ended up winning the game. But a lot of the kids from Hilo High School actually come from Nawahi, and that's where the charter school's kids go to play. That's the league they play under. So I was watching that team; amazingly cohesive team. They did well. They went on to the State champs. I don't think they won. But what I'm trying to say is Rico has been the coach for those kids since they were—and I remember them because they were playing soccer with my kids since they were four or five years old. So to see him as a coach is amazing, but to see his kids move on and what they've become and how good they are and how great Page 73 Hawaii County Council-27 December 6,2023 of a team they are together really highlights what he does. So I'm glad to give usually I'm kind of stingy with my CRF money, but for them, I know what he does. I know what he does for the community. And this last weekend or two weekends ago, this event at the Shipman Park, I mean the whole park was just flooded. There's no parking available. Shipman Park just totally locked out. I'm sure the fields were a disaster. Mo already knows what's going to happen after the event, but it just draws so many people and offers so much for our youth. So, looking for everyone's support but I just wanted to highlight what Rico Ferrari does for our community, as well as his wife and his kids. I mean just an amazing `ohana. So thank you for your support. CHR. KIMBALL: Thank you, Council Member. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 363-23: The motion to adopt Res. 363-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 364-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NA MAMO HA`AHEO TO ASSIST WITH EXPENSES RELATING TO AN ART SERIES USING HAWAIIAN PLANTS Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 602 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Lee Loy moved to adopt Res. 364-23. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Lee Loy. MS. LEE LOY: Thank you. Again, really asking for my colleagues' support. So happy to have Council Member Kierkiewicz kind of help stack the money in this. And just to keep in mind, when you add it together it looks like a lot, but it is a series. It's going to go from November through February, and then Merrie Page 74 Hawaii County Council-27 December 6,2023 Monarch's later in April. So the intent really is to provide the series and then have extra k6kua when it comes to our pa`u units. Asking for my colleagues' support. CHR. KIMBALL: Thank you, Council Member Lee Loy. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 364-23: The motion to adopt Res. 364-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 365-23: AUTHORIZES THE FRIENDS OF FIRST RESPONDERS TO USE CONTINGENCY RELIEF FUNDS FROM COUNCIL DISTRICT 7, PREVIOUSLY AWARDED BY RESOLUTION NO. 217-23, FOR FIRST RESPONDERS TRAINING IN WEST HAWAII Funds would be used to cover expenses for refreshments, brochures, facility rental, and guest speakers. Reference: Comm. 603 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 365-23. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Villegas. MS. VILLEGAS: This money had already been allocated, but then we had been told that it wasn't in alignment with CRF spending, and so it kind of got put on hold. And so now it's been identified that everything's in alignment, so I just ask for my colleagues' support. CHR. KIMBALL: Thank you, Council Member Villegas. Any further questions, discussion? Seeing none, all those in favor please say "aye." Page 75 Hawaii County Council-27 December 6,2023 Vote on Res. 365-23: The motion to adopt Res. 365-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 366-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO PETFIX SPAY AND NEUTER TO SUPPORT ITS SPAY AND NEUTER CLINICS Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 604 Intr. by: Ms. Galimba Motion to Approve: Ms. Galimba moved to adopt Res. 366-23. Seconded by Ms. Kagiwada. CHR. KIMBALL: Council Member Galimba. MS. GALIMBA: Just ask for my colleagues' support. Trying to get a handle on our pet issues. CHR. KIMBALL: Thank you, Council Member Galimba. Council Member Kagiwada. MS. KAGIWADA: Thank you. Thank you, Council Member Galimba, for doing this. I will also be giving a CRF to this organization as soon as they schedule a clinic in my district. I'm feeling a little helpless to some extent around this issue with animal control, but this is something that we can do, a small thing, and I'm happy to support. Thank you. CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else? Seeing none, all those in favor please say "aye." Page 76 Hawaii County Council-27 December 6,2023 Vote on Res. 366-23: The motion to adopt Res. 366-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 367-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HILO WOMAN'S CLUB FOR ITS HOLIDAY MAGIC CONCERT Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 605 Intr. by: Ms. Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 367-23. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: Thank you. Happy to support this family-friendly event with `Apapane (Rising) String Quartet playing. It is a free event, although they are asking for donations, to those willing to do that. It's at the Hilo Woman's Club this Saturday evening at 6 p.m., and yeah. Any money that they raise will be used to support education scholarships for students from Hilo. So, I appreciate your support. CHR. KIMBALL: Thank you, Council Member. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 367-23: The motion to adopt Res. 367-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 77 Hawaii County Council-27 December 6,2023 Res. 368-23: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO PETFIX SPAY AND NEUTER FOR ITS SPAY AND NEUTER CLINICS IN RURAL COUNCIL DISTRICT 1 Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 606 Intr. by: Ms. Kimball Motion to Approve: Ms. Lee Loy moved to adopt Res. 368-23. Seconded by Ms. Galimba. CHR. KIMBALL: Just joining my colleague from the Ka`u District in supporting this program. All those in favor, please say "aye." Vote on Res. 368-23: The motion to adopt Res. 368-23 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order.) Bill 100: 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 Federal Grants —Fiscal Year 2023 Volunteers in Service to America Support Grant account($50,000); and appropriates the same to the Fiscal Year 2023 Volunteers in Service to America Support Grant account. Funds would be used to provide community-based training and regional education to VISTA personnel. Reference: Comm. 579 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-117 Page 78 Hawaii County Council-27 December 6,2023 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 100 on first reading and adopt Finance Committee Report No. 117. Seconded by Ms. Lee Loy. CHR. KIMBALL: Aren't you going to make a note of how cool it is that it's Bill 100, that it's kind of a cool number? MR. KANEALII-KLEINFELDER: Not this time since I totally screwed up the intro. CHR. KIMBALL: Okay. All right. Moving on. Any discussion on this one? Seeing none, all those in favor please say "aye." Vote on Bill 100: The motion to pass Bill 100 on first reading and adopt (Approved) Finance Committee Report No. 117 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): (Note: Items in this category were taken up previously, out of order.) 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) First Reading: November 15, 2023 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 96 on second and final reading. Seconded by Ms. Lee Loy. Page 79 Hawaii County Council-27 December 6,2023 CHR. KIMBALL: Any discussion? Council Member Lee Loy. MS. LEE LOY: I just want to thank the Clerk for taking it all the way down to the 46 cents. CHR. KIMBALL: Thank you. All right. Any further discussion? All those in favor,please say "aye." Vote on Bill 96: The motion to pass Bill 96 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. 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) First Reading: November 15, 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 97: Mr. Kaneali`i-Kleinfelder moved to pass Bill 97 on second (Adopted) and final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 80 Hawaii County Council-27 December 6,2023 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) First Reading: November 15, 2023 Vote on Bill 98: Mr. Kaneali`i-Kleinfelder moved to pass Bill 98 on second (Adopted) and final reading. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. 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) First Reading: November 15, 2023 Page 81 Hawaii County Council-27 December 6,2023 Vote on Bill 99: Mr. Kaneali`i-Kleinfelder moved to pass Bill 99 on second (Adopted) and final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: (Note: Items in this category were taken up previously, out of order.) OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There were none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) ADJOURN- There being no further business, at 4:33 p.m., Mr. Inaba moved to adjourn the MENT: meeting. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 82 Hawai`i County Council-27 December 6,2023 CHR. KIMBALL: We are adjourned at 4:31 p.m. Mahalo, everyone, for the good work today, and have a safe and happy evening. JAN 2 4 2024 Council Approval: r CO atir JH/dg Page 83