Loading...
HomeMy WebLinkAboutMIN COUNCIL 2024-03-06 2022-2024 Hawaii County Council 33`'d Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii March 6, 2024 INVOCATION: Pastor Mark Zier of Christ Lutheran Church gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:03 a.m., in the Council Chambers, Hilo, by Ms. Heather L. Kimball, Chair. ROLL CALL: Present: Ms. Heather L. Kimball, Chair Mr. Holeka Goro Inaba, Vice Chair Ms. Cindy Evans, Member Ms. Jenn Kagiwada, Member Mr. Matt Kaneali`i-Kleinfelder, Member (came in later) Ms. Ashley L. Kierkiewicz, Member Ms. Susan L. K. Lee Loy, Member Ms. Rebecca Villegas, Member (via videoconference from Kona; came in later) Absent& Excused: Ms. Michelle M. Galimba, 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 March 2024 Haweo Award to Emergency Medical CONDOLENCE: Services Specialist Ericksen Kohatsu of the Hawaii Fire Department; and 2) Ms. Kagiwada presented a Certificate of Condolence to the family of the late Nelson Ho.) (Note: A recess was called at the end of each presentation.) Hawaii County Council-33 March 6,2024 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: Madeline Whitehill: Res. 438-24 (Comm. 728), in support. Janet Marshall: Res. 438-24 (Comm. 728), comment; and Bill 131, Draft 2 (Comm. 715.2), in support. Timothy Rowan: Bill 131, Draft 2 (Comm. 715.2), in support. (representing Black Sands Beach Property Owners Association and Malama O Puna) Carrie Kowalski: Bill 131, Draft 2 (Comm. 715.2), in support. (representing Black Sands Beach Property Owners Association) Janice Palma-Glennie: Comm. 719, comment; and Bill 130 (Comm. 704), in opposition. (See Comm. 704.1) Deb Smith: Res. 438-24 (Comm. 728), comment. (representing Vacationland Hawaii Community Association) Gilbert Hauanio: Bill 131, Draft 2 (Comm. 715.2), in support. (representing Black Sands Road Maintenance) Stacy Welch: Bill 131, Draft 2 (Comm. 715.2), in support. Robert Golden: Res. 438-24 (Comm. 728), comment. (See Comm. 728.13) Susie Osborne: Res. 438-24 (Comm. 728); Res. 448-24 (Comm. 753); and Bill 131, Draft 2 (Comm. 715.2), in support. (See Comm. 728.18) Page 2 Hawaii County Council-33 March 6,2024 Eileen O'Hara: Res. 438-24 (Comm. 728); Bill 131, Draft 2 (Comm. 715.2); and Bill 132 (Comm. 721), in support. (See Comm. 728.17) Jon Olson: Bill 131, Draft 2 (Comm. 715.2), in support. Eric Cockcroft: Res. 438-24 (Comm. 728), comment. Olivia Cockcroft: Res. 438-24 (Comm. 728), in support. Floyd Eaglin: Bill 131, Draft 2 (Comm. 715.2), in support. APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Vote on Approval Ms. Lee Loy moved to approve the Minutes of January 10, of Minutes: 2024. Seconded by Mr. Inaba and carried by the (Approved) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Galimba— 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: Bill 135: 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 American Job Center-One Stop Program Income account ($75,540); and appropriates the same to the American Job Center-One Stop Program account. These additional funds would be used to pay for additional costs incurred for rent and utilities generated by a recent office relocation. Reference: Comm. 752 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 135 on first reading. Seconded by Ms. Lee Loy. Page 3 Hawaii County Council-33 March 6,2024 CHR. KIMBALL: This was waived to Council. Do you have anything to kick us off, or should we go right to the Director? MR. KANEALI`I-KLEINFELDER: Let's go right to the Director and then we'll go from there. CHR. KIMBALL: Thank you. (Note: At this time, Research and Development Director Douglass Adams came forward to address the members of the Council.) MR. ADAMS: Thank you, Chair. Thank you, Council Member. Appreciate the waiving directly into Council for this particular measure. We moved our American Job Center from its location on Kilauea Avenue, where we were paying around 5,000 a month, to its new space. It's a larger space. It's a better space in Waiakea Plaza where we're paying around 12,000 a month. That process, in addition as we are transitioning from Office of Housing and Community Development to Department of Research and Development, our Workforce Development missions, including American Job Center, the budget for the AJC (American Job Center) was conducted by Office of Housing last year; didn't include the funding difference. And as we have come into this particular calendar year, the second part of the fiscal year, we've discovered that we have a shortfall, and we need the shortfall to be fixed so that we can continue to pay the lease for the American Job Center. CHR. KIMBALL: Thank you, Director. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Aloha, Director. Thanks for being here and providing some context. Who currently oversees the American Job Center? Is this a function out of the Workforce Development section of your office? MR. ADAMS: Yes. MS. KIERKIEWICZ: And who is in charge of that now? MR. ADAMS: Right now, we have Sheri Ann Cacho who is our EDS III (Economic Development Specialist III) and Clinton Maeda who is our EDS II. Clinton is actually on-site at the American Job Center overseeing the partners. MS. KIERKIEWICZ: What was Clinton's last name, sorry? MR. ADAMS: Maeda. MS. KIERKIEWICZ: Maeda. And are you able to approximate how many folks are served by the American Job Center? How many come in? How many actually get support and resources? Page 4 Hawaii County Council-33 March 6,2024 MR. ADAMS: I don't have that exact number. If you don't mind, I'll provide that information to you MS. KIERKIEWICZ: For second reading? MR. ADAMS: I'll provide it to you this afternoon. MS. KIERKIEWICZ: Okay. That would be extremely helpful. And then I know in the past when Office of Housing was managing this particular program, Workforce Development, which included the job center, there was discussion about how it could go beyond just Hilo because we have a whole island to serve. Is there any discussion around how we might set up satellite one-stop shop programs throughout the island? MR. ADAMS: Yes. The initial way that that will happen actually is that we have to—it's not an accreditation, that's not the right term, but this current one has to have all of the elements associated with it being stood up. Once that has occurred, then we'll be able to stand up other locations, the initial one being a Kailua-Kona location. But then we will take a look at where some other locations around the island that make sense. We have to make sure that we have all of the partners that are required by statute here, and then make sure that we have the locations in Kailua-Kona for that next AJC satellite. MS. KIERKIEWICZ: So you mentioned having partners there. There are other entities that are physically present within the job center? MR. ADAMS: Yes. The way the one-stop works is the statute has requirements for particular types of organizations to be a part of the American Job Center. And so we have to make sure that we're all set up here on this one in Hilo. Once that's all done, meaning all the documentation and all the accreditation is done, that gives us, then, the authority to be able to set up satellite offices in other places on the island. MS. KIERKIEWICZ: Okay, great. So if you could follow up with us on the number of people that visit the center; how many are connected to resources successfully, meaning they landed a job; and then what that criteria is to actually set up the office. I'm very curious. MR. ADAMS: Okay. MS. KIERKIEWICZ: Thank you so much. I'll be supporting this measure. I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council Member Evans. Page 5 Hawaii County Council-33 March 6,2024 MS. EVANS: Good morning. My question has to do with reimbursement. The way I read it is that this will be an outlay and then you will get reimbursed. So how long does it take to get reimbursed? MR. ADAMS: Typically, the reimbursement—the way this particular system works is if the partners are part of the reimbursement process. So we get funded from the partners. That's the way that works. Currently, we are operating without what's called an IFA (Infrastructure Funding Agreement), which is a facility agreement, because of the transition between our site in Kilauea and our site here. The reason that that hasn't been executed yet is because we're waiting on signatures from some of our partners. So we're trying to get those signatures so that we can have the IFA in place so that we can get the reimbursements from the partners. MS. EVANS: So, in the end, does the County put in any skin in the game? Any money? MR. ADAMS: Yes. MS. EVANS: Okay. So we get a reimbursed percentage? Eighty percent of the cost gets reimbursed, or any sense? MR. ADAMS: I feel uncomfortable giving a percentage necessarily. I'll need to come back and let you know what we think that's going to be. Part of this is actually dependent on the amount that the partners are going to be getting us during this fiscal year. MS. EVANS: Okay. We'll see you during budget hearings. So maybe we can hear more about what we, as a County, is going to contribute. MR. ADAMS: I look forward to it. MS. EVANS: Thank you. I yield. CHR. KIMBALL: Thank you, Council Member Evans. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Thank you, Mr. Adams. The department, R&D (Research and Development), runs the job center or OHCD (Office of Housing and Community Development)? I can see there's a combination of both on there. MR. ADAMS: So the AJC is known as the one-stop and we RFP (request for proposal) out for a one-stop operator. We have now been running an—we've run three different RFPs for a one-stop operator and have not been successful in acquiring one. So we have been using our own personnel to actually run the Page 6 Hawaii County Council-33 March 6,2024 American Job Center as a one-stop operator. This is based on program year funding. So part of the reason it's been difficult is the Program Year '22, that funding is nearly complete. So the amount that any particular operator would get, they're not willing, necessarily, to sign up for it. We will be sending out another RFP for Program Year '23 funding, which is a two-year funding. And we anticipate that we will get a contractor to take over responsibility at that point and remove the responsibility directly from the department to staff that operation directly, because we'll have the funding from the Program Year '23 funds. The bottom line to your question is we're managing the oversight. Housing had been doing it prior to us. We look forward to actually having a contractor in position once we have the RFP go out. We're waiting on the budget to be signed by the State for PY '23 (Program Year 2023). We've already done all the signatures that we can do. Once that's done, then we can send out the request for proposal for this particular one-stop operator program year. MR. KANEALI`I-KLEINFELDER: Okay. And then the space at the Waiakea Plaza is R&D's space or OHCD's space? MR. ADAMS: It's R&D's space. MR. KANEALI`I-KLEINFELDER: R&D's space. So OHCD doesn't have the MR. ADAMS: At the beginning of the fiscal year, it was OHCD's space. MR. KANEALI`I-KLEINFELDER: Okay, I had this conversation. I was just trying to figure it out because I had to look this over a little bit. Okay, so this is R&D's space now at Waiakea Plaza. MR. ADAMS: That's right, meaning that we're the ones that are paying off—it belongs to the County, right. Where the funding is coming from is we took over responsibility for that funding during the fiscal year. MR. KANEALI`I-KLEINFELDER: Okay. And then how much larger is it? Years ago, I actually was in the one-stop job center trying to get a joba long time ago. MR. ADAMS: Right, and that was probably before it was actually in its Kilauea location. MR. KANEALI`I-KLEINFELDER: That was when it was by the post office I think. Page 7 Hawaii County Council-33 March 6,2024 MR. ADAMS: Right. I'll have to get I did actually know that number, but it's not present in the cabinet right now. MR. KANEALI`I-KLEINFELDER: Okay. Thank you. Thank you for that clarification. I yield, Chair. CHR. KIMBALL: Thank you. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. Director, I'm curious. When the department issues RFPs, how do folks in the community know? Is there a professional list that they must be on? We don't get notifications as Council Members, but I just wonder how we might be added to that list so that we could share the opportunity out to our network. MR. ADAMS: The RFPs that the department sends out, or RFPs that other departments send out, they go through Purchasing. Public purchase is the process by which that information gets out. So folks have to sign up for public purchase to then be notified when request for proposals are being sent out by the County. The one occasion that we have not followed that is when we have done our innovation grants in the past, and we have sent those out separately under our own departmental process. Everything else that we're doing contract-wise goes through public purchase and procurement. MS. KIERKIEWICZ: Got it. Thank you. And then I'm just trying to orient myself. Waiakea Plaza, I remember this to be the old McDonalds. And then upstairs there was a Fun Factory and movie theater way back in the day. MR. ADAMS: So this is upstairs, a reasonably large facility. We'd be pleased to actually invite you all to come out. They've done a nice job of setting it up. MS. KIERKIEWICZ: Great. I'd love to check it out. And might I just suggest a sign that says "Job Center"? MR. ADAMS: Yeah, part of that has to do with the landlord and our ability to actually put a sign up outside. So we're aware of that as well. MS. KIERKIEWICZ: Well, we can write a letter humbly requesting. Thanks for sharing that. I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council Member Lee Loy, did you no? Okay, great. All right, with that, we will proceed with the vote. All of those in favor of approving Bill 135 at first reading, please say "aye." Page 8 Hawaii County Council-33 March 6,2024 Vote on Bill 135: The motion to pass Bill 135 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. MR. ADAMS: Thank you. CHR. KIMBALL: Thank you. Bill 133: 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 —Civil Defense Emergency Management Performance Grant account($118,750); and appropriates the same to Civil Defense Emergency Management Performance Grant account, for a total appropriation of $343,750. These additional funds would be used to update the Multi-Hazard Mitigation Plan and purchase Adobe software licenses. Reference: Comm. 730 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: February 21, 2024 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 133 on second and final reading. Seconded by Ms. Lee Loy. (Note: At this time, Deputy Corporation Counsel Dakota Frenz came forward to address the members of the Council.) CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Thank you, Chair. I spoke briefly to Director Magno earlier, and he was here for CHR. KIMBALL: Cody's on the line. MR. KANEALII-KLEINFELDER: Oh, okay. Thank you, Cody, or Ms. Frenz, for being here. MS. FRENZ: Good morning. Page 9 Hawaii County Council-33 March 6,2024 MR. KANEALI`I-KLEINFELDER: He expressed he wanted to be here for the meeting. He had another meeting that came up and so he had to go. I don't think there were many questions, if any, at the previous reading. So I look forward to everyone's support, and thank you for being on the line if we do have questions, Ms. Frenz. I yield, Chair. MS. FRENZ: That's correct. I'm covering for him if anybody has questions. Thank you. MR. KANEALI`I-KLEINFELDER: Thank you, ma'am. CHR. KIMBALL: Thank you. Anybody have questions/comments on this item? Seeing none, all those in favor please say "aye." Vote on Bill 133: The motion to pass Bill 133 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. 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. 433-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE 2024 OUTSTANDING OLDER AMERICANS MONTH AWARD LUNCHEON Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Office of Aging, Other Current Expenses account. Reference: Comm. 723 Intr. by: Ms. Lee Loy Postponed: February 21, 2024 (Note: There is a motion by Ms. Lee Loy, seconded by Ms. Galimba, to adopt Res. 433-24.) CHR. KIMBALL: Council Member Lee Loy. Page 10 Hawaii County Council-33 March 6,2024 MS. LEE LOY: Thank you. I have Horace Farr here from Office of Aging. We postponed this because Horace was not feeling well the last time we heard this matter. Horace, if you don't mind coming up, and I'm going to take a little lead out of my colleague's earlier statement about we're in budget season. I wanted to have you share a little bit about what Outstanding Older Americans Month is, and make a pitch to some of my other colleagues that we need a little bit more k6kua in this to help honor our kupuna. (Note: At this time, Executive on Aging William Farr III came forward to address the members of the Council.) MR. FARR: Good morning. Horace Farr, Director of Hawaii County Office of Aging. I know everybody has a busy schedule. We just wanted to make sure that we give everybody an opportunity if you wanted to participate in the function. We've been doing this now for 56 years. May is nationally recognized across the nation as Older Americans Month. So across the nation there are many different activities that are going on. In the State of Hawaii, the four counties all participate their own Older Americans Month luncheon. And at the conclusion of that, the nominees who are selected, the male and female from every county, then the first Friday in June we take them all to Oahu, and the Governor then recognizes them at a luncheon and stuff. So, No. 1, we thank you folks for your support. Number 2, we're here to give you an opportunity if you want to support your kupuna and be there. But more importantly, I think, is if your calendar allows for it, I would encourage each and every one of you if you haven't been to an Older Americans Month luncheon, to come and experience the energy. Because, we are prohibited by the Older Americans Act of providing direct service. So we're not the ones that they see doing the meals, cleaning the homes and everything, but it's the work that we do behind. So, even for our office, it is the pinnacle of our year's work because it is there that we get to truly see us meeting our mission and objective, and that is to keep them at home, keep them independent, give them dignity, and keeping them engaged in their communities. And the only way to really explain this is to be there and to experience the knowledge, the energy. That's why they're called our treasures. We treasure them as our kupuna, and it is our responsibility to gather from them all the knowledge that they have stored or that they have experienced. And so you get that feel. You see that happening there. Because once they are not able to attend, then they move to a different level of care. And so, again,just want to encourage you. If you'd like to support the function, you can call our office and we can let you know how you can. But more importantly above anything else, I would just encourage you if your calendar allows it for you to be there on Friday, May 10, at the Hilton Waikoloa Resort, or Village. I would encourage you to attend and feel the energy that permeates Page 11 Hawaii County Council-33 March 6,2024 through the luncheon, and to see the excitement that the seniors have. Because if you hear some of the stories, and I'll share one real quick one: Last year, after we came out of pandemic, one individual came up to us and said he's lived here all his life. He's passed the hotels in Waikoloa; never thought that he would ever get an opportunity to attend the luncheon or to attend to see the Hilton Waikoloa. And so they get all dressed up. We try to keep it as high and dignified for them because for many of them, this is a one-shot experience for them. So we try our best. So again we thank you. And again, if you can make it, come. If you'd like to participate, call our office and we'll be happy to help you participate. Thank you, folks, very much. Appreciate all your support. MS. LEE LOY: Thanks, Horace. Please, Council Members. Let's maybe challenge you guys to either meet or match my donation or my k6kua from my contingency fund. And you guys don't have to worry because I already drafted the resolution. You guys just got to change it out for yourself. Asking for everyone's support. Thanks, Horace. I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Anyone else? Seeing noneoh, Council Member Evans, go ahead. MS. EVANS: Hi, Horace. Horace, one second. So I've attended many of those luncheons over the years, and there was an effort to have certificates to be able to pass out. But that's only if—it's very time-sensitive because you choose names of people that, are they an outstanding awardee? And so, at that time, you announce it. Is that correct? MR. FARR: Yeah, so what happens is we don't—our office doesn't—well, as long as I'm there all these years. But we have three judges. We try to get them from around the island. We block out all the names, and then three judges are separated. They don't see each other until the day of the luncheon. So we allow them to go through and score, and then we compile all their scores, right. Part of the reason why we don't let those names out is because we try to keep the suspense for the seniors. Because once they know that"I never get selected," pardon my English, or whatever, then it's like, "Oh, no sense we go,"right. And then they miss out on the socialization and the other aspects of what it is we want them to do so that they get that socialization, they get that opportunity. So, once the names are out, we then let others know. We thank the Council for last year. You don't know what an impact it was for them to come here to the Council chambers. For some of them, this was the first time they ever came here, those that were selected, especially those that lived out in the country. So, again, we try to hold it up at a point. But once we can release the names, then we try to make arrangements where, like again, we thank the Council for allowing us to come because then it gives you the opportunity to Page 12 Hawaii County Council-33 March 6,2024 present their certificates. We don't even let the State know. The State doesn't know until after Friday, then we release everything to the State so that they can do their stuff. After doing it, this will be my 34h year of participating in the luncheons. And so we find that that is the best that works, is that—so that we can get them there. And one of our main things is to keep them from being isolated—socialization. And they get to see their partners that are from all over the island. Sometimes, they don't see them for a whole year, or very rarely do they get to travel from Na`alehu and then see those that they know in Kohala. So it's a bigger picture but we try to find every opportunity for you folks and even the State legislators. They kind of get on us, too, because they'd like to but we don't want to have anything go out ahead of time. Sue wrestled with me last year. Right? So she said she was going to up do me one and wouldn't tell me what she was going to do, right, because we just want to keep it at that point where everybody has a fair opportunity, and especially we want to get them there so that they can get that socialization. MS. EVANS: Just a quick follow-up. You have "x" amount of nominees that come from each district. So it's men and women. So you end up with eight— what's ightwhat's kind of that—? MR. FARR: Well, we try to shoot for around 12, right, and we leave it to the districts or the clubs or whoever that's nominating. We like to get an even balance, but for some reason throughout the years the women seem to always overpower the men, right. And as much as possible, we don't want to be directly involved with it. I mean, we'll guide it and everything, but we want it to be so that nobody can say Office of Aging has already made a selection and all that. So we try to MS. EVANS: So you may have 13 or 14. MR. FARR: We may have 13. The reason why we kind of—because a lot of them aren't as young as they used to be, and we'd like to get them to the stage so that they can be in the front, give them that opportunity. So that we can make sure that they're safe. We don't want anybody falling. And so we found that about 12 to maybe 14 we can handle easily. If we get much more than that, then the waiting for them to take the group picture and some of these other things becomes long. And so that's why we MS. EVANS: Okay. So if you're open to it, because I know the Legislature did this, but if you're open to it, if we knew who the nominations were and then people, their accolades are in their nomination application and whatever,just giving each one of those people a certificate for acknowledging their Page 13 Hawaii County Council-33 March 6,2024 communities acknowledge them as being outstanding. I think it's possible we could do a certificate to all of them that show up without knowing who's going to be the winner, right. So something to consider (inaudible). MR. FARR: We're happy to discuss it if you want to call our office or anything, but again, we're going to hold the line of making sure that the names don't get out and so MS. EVANS: Yeah, we won't say the name of who won. So when they get nominated, usually the stories are phenomenal, who gets nominated, what they do for their community. They're usually these over-the-top volunteers and what they do is pretty incredible. MR. FARR: So we will recognize them at the luncheon with all of that because their bios have come in. So, again, thank you. Thank you very much. If you have any other questions, please feel free to call our office. CHR. KIMBALL: Thank you, Council Member Evans. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Older Americans recognition. What's the cutoff, and then can we bring people to you who may or may not be included in the nominations? MR. FARR: The function is open to the public, okay. To nominate, your nominee must be 65, and then they look at all the things that they've done. And we try to concentrate on what they've done after 65, after they've retired. Not during their working years and all that, but what have they done after they retired. Have they started something new? Have they spent a lot of volunteerism time? That's what we focus on. And you'd be surprised that some of them-30 years ago, I wasn't in the group but today I actually qualify. I'm in that level, right. If you want an application, let our office know. We can send an application down. If you want to nominate somebody, like I said it's open to the public. We encourage caregivers, those who are caregiving. We want the caregivers to be in there also because it's very important for them to get this interaction so that they get respite. It's kind of like a respite thing for them also. So please call our office if you have any questions. We will be happy to discuss it with you and provide you with whatever information you want. MR. KANEALI`I-KLEINFELDER: Thank you. CHR. KIMBALL: Council Member Lee Loy. MS. LEE LOY: Thank you. I just want to share. The reason I got hooked on this is when I was a student at the university, I had a job here at the County and was Page 14 Hawaii County Council-33 March 6,2024 able to attend an Older American luncheon. I was 25 or 26 at that time. A lot of them were volunteering after a long 25- or 30-year professional career for another 25 or 30 years. And it really struck me, when I was 25 and 26, that they had a very long professional career and still volunteered longer than I was even alive. And so that's what really hooked me on this program, is how much these people give to our community and how much we stand on their shoulders. And so I've got the resolution, guys. Just find some money in your contingency to help k6kua. And as Horace mentioned, he does—it's super secretive. Like I didn't know the name at the luncheon. But I offered. The awardee, we took them on the radio before coming here for the Council to honor them, which again was just a wonderful experience. As Horace said, they've never been on radio or experienced what a radio station was. So,please, continue to ask for support. CHR. KIMBALL: Thank you, Council Member Lee Loy. All right, with that, we will proceed with the vote. All those in favor of approving Resolution 433-24, please say "aye." Vote on Res. 433-24: The motion to adopt Res. 433-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball–8. Noes: None. Absent: Council Member Galimba– 1. Excused: None. Res. 437-24: CREATES THIRTY-THREE NEW TEMPORARY POLICE OFFICER I POSITIONS FOR THE POLICE DEPARTMENT Establishes additional positions for the Police Department's Recruit Training Pool to allow for the transition and rotation of inbound and existing Police Officer I recruits. Reference: Comm. 727 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-143 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 437-24 and Finance Committee Report No. 143. Seconded by Ms. Lee Loy. (Note: At this time, Police Major Sherry Bird came forward to address the members of the Council.) Page 15 Hawaii County Council-33 March 6,2024 CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I wasn't present at the last meeting. I'll be supporting this today; we need more positions. My question for you, hopefully you can answer, I was recently asked—when I first came into office in 2018, we created 55 new positions for the Police Department because we needed more officers. There's a lot of different things in play in that number of people coming in, people going out, retiring. There was a lot of play as far as making sure we have enough officers in the field. But the question was posed to me, once the positions are created specifically for each district, can they be reallocated to different districts as needed by the Chief? MS. BIRD: That is an answer I do not know. I apologize for that. MR. KANEALI`I-KLEINFELDER: No, no. Okay. Well, I'll be supporting it regardless. I'll follow up with the Chief, and let's see if I can get an answer. Thank you. I yield. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Anyone else on this matter? Seeing none, all those in favor please say "aye." Vote on Res. 437-24: The motion to adopt Res. 437-24 and Finance Committee (Adopted) Report No. 143 was carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball–8. Noes: None. Absent: Council Member Galimba– 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 16 Hawaii County Council-33 March 6,2024 Res. 441-24: AUTHORIZES THE MAYOR TO ENTER INTO AN ADMINISTRATIVE ORDER ON CONSENT AGREEMENT WITH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PROCEEDING UNDER SECTION 309(a) OF THE CLEAN WATER ACT, 33 U.S.C. §1319(a) The agreement would establish a binding order on the County to remediate deficiencies in the condition and maintenance of wastewater treatment facilities in Hilo, Kula`imano, Papa`ikou, and Kealakehe. The Administrative Order on Consent outlines issues of concern and proposed remedial activities the County would be required to undertake and complete prior to 2035. Reference: Comm. 732 Intr. by: Ms. Evans (B/R) Approve: GOEAC-111 (Note: Comms. 732.3 and 732.4, from Environmental Management Director Ramzi Mansour dated March 4 and 6, 2024, respectively, transmitting proposed amendments to Res. 441-24, were circulated.) Motion to Approve: Ms. Evans moved to adopt Res. 441-24 and Governmental Operations and External Affairs Committee Report No. 111. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. We had a lot of discussion on it in Committee. We have the Administrator here with us from Environmental Management. Did you want to offer some comments, or we'll just open it up? (Note: At this time, Environmental Management Director Ramzi Mansour came forward to address the members of the Council.) MR. MANSOUR: Good morning, Council Members. We were CHR. KIMBALL: You could just introduce yourself. MR. MANSOUR: Yes, I'm sorry. Ramzi Mansour, Director for Department of Environmental Management. We were before the Committee pertaining to this AOC (Administrative Order on Consent). I just want to bring to your attention that, since our earlier presentation, there were two changes to the amendment. We worked with EPA (Environmental Protection Agency) to adjust or modify two items. I think Council Member Evans had brought one of them to our attention where we have our Environmental Planner Kelly Hartman to follow up with it about the public engagement. That is Appendix 1, Planning Section 2, Planning and Reporting, Item No. D, about the public comment. That was deleted. There was Page 17 Hawaii County Council-33 March 6,2024 no need for it in the AOC because the CIPS (Capital Improvement Projects) are technical projects that recommendation was done by professional consultants. So that was agreed on by EPA and the department to delete that requirement. CHR. KIMBALL: Director, was that presented to us in the form of an amendment? We don't have it in front of us. MR. MANSOUR: I think the only one was submitted and for an amendment to Section 7. That was sent to you but it did not include that deletion. CHR. KIMBALL: This other amendment that he's talking about with respect to the public comment, there isn't an amendment to (inaudible) ? MR. MANSOUR: No, it was not included. I just noticed it was not included. That's why I'm here to bring it to your attention as well. CHR. KIMBALL: Okay. So before we proceed, then, is that in the amendment the department needs to make to the resolution before we proceed with it? MR. MANSOUR: We already made it with EPA. We revised the draft to reflect EPA and the department's correction or modification. Now, I believe Peter had sent you the revised draft of the AOC. CHR. KIMBALL: My question is I don't believe we've gotten the revised draft. My question is, does there need to be an amendment made to the resolution to reflect this amendment to the agreement? MR. MANSOUR: I'll leave that up to Betsy or Diana. (Note: At this time, Deputy Corporation Counsel Section Chief Diana Mellon-Lacey came forward to address the members of the Council.) MS. MELLON-LACEY: Good morning. Deputy Corporation Counsel Diana Mellon-Lacey. These amendments, both the date that you the date changes that you received the memo (memorandum) on and the deletion of the public comment were made by EPA to the Appendage 1 section of the AOC. We don't have the authority to change the document. The document has to be changed by the EPA. I mean, the resolution is informative that the change was made, and unfortunately, by oversight, the deletion of the public comment was not included in the resolution. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: Okay. So the exhibit, as it stands in the resolution, is incorrect. Is that what you're saying? Page 18 Hawaii County Council-33 March 6,2024 MS. MELLON-LACEY: Yes. It doesn't incorporate those two changes. MR. INABA: Okay, so we do have an amendment for Section 7. And if we're amending Appendix 1 with this, then we should also be taking up, via separate communication, the deletion, right? MS. MELLON-LACEY: To be formally correct, yes. MR. INABA: Okay. Is that something that the department can prepare, and maybe we table this resolution so that we have the resolution exactly in line with what the real Appendix 1 is? MS. MELLON-LACEY: Yes. The department can prepare it. There is urgency on the part of EPA wanting us to move this document forward. Is that something we could provide this afternoon and come back? MR. INABA: Yes. We would table it and then take it up hopefully as soon as you folks get the communication to us, because we have another communication with an amendment but we need the deletion. And I don't know that I'm speaking for everybody, but I'm assuming if we're going to amend part of the appendix, we should amend everything that needs to be amended, and we have it correct. MS. MELLON-LACEY: Yes. I would agree that's the correct way to proceed. MR. INABA: All right. MS. MELLON-LACEY: And we do have the document with the changes from EPA to provide with that amendment. MR. INABA: Thank you. Mr. Clerk? MR. HENRICKS: I had spoken to Corporation Counsel before the meeting briefly. I just have some procedural concerns about the Council's ability to revise this attachment. It's not our document. I understand there's corrections and updates, but what if the Council wanted to change other portions of it just out of preference? I don't think that would be advisable and would probably make it an invalid document. I just have some concerns moving forward about the Council correcting, updating, or revising this document in the normal fashion it does as it would amend other things in that procedural manner. And if that is going to be requested by the Corporation Counsel and supported by Corporation Counsel that it's valid, I think you should be clear on the record that it's limited to these types of changes that have already been approved by the Page 19 Hawaii County Council-33 March 6,2024 authority that created this document. I just have some concerns moving forward because we don't I can't recall altering documents that we do not create in the past. MR. INABA: Thank you, Mr. Clerk. Corporation Counsel, would you like to weigh in? CHR. KIMBALL: If I may make a suggestion and get the Clerk's interpretation. Would it be better for the body to amend the resolution and refer to an alternate attachment that was provided by the department? MR. HENRICKS: I don't have an answer on the fly. I didn't see this coming. So, in most instances, I would prefer time to think. MR. INABA: Corporation Counsel. MR. MANSOUR: Just to make a comment, the changes were done by EPA staff, and they sent, via email, the revised document. They were not made by our staff. It's the EPA,just to clarify. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Thank you. Good morning. Elizabeth Strance. Chair Kimball, I would agree with your approach, that we should be coming forward with some sort of revision to the document and provide you either with a Ramseyer or some other tracking to show what changes were made from the prior version of the document to this one. And I think that would clean up some of the concern that Jon has about this body amending the exhibit itself. So, while you folks move on, I will talk with the department about what would need to be done to accomplish that, and whether it can be done today. MR. INABA: Thank you. Vote on Motion to Mr. Inaba moved to table Res. 441-24. Seconded by Table: Ms. Lee Loy and carried by the following voice vote: (Approved) Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Page 20 Hawaii County Council-33 March 6,2024 Bill 132: AMENDS THE PARKS AND RECREATIONAL FACILITY SCHEDULE, CHAPTER 15, ARTICLE 8, SECTION 15-68.1 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY RENAMING KAHAKAI PARK, THE"WAIAKAHIULA BEACH PARK" IN RECOGNITION OF ITS ORIGINAL PLACE NAME Reference: Comm. 721 Intr. by: Ms. Kierkiewicz Approve: PCHSW-10 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 132 on first reading and adopt Policy Committee on Health, Safety, and Well- Being Committee Report No. 10. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I know that not all of my colleagues were present for Committee when we first heard this measure, but our office was contacted by a couple of Puna residents: No`eau Woo-O'Brien and Leah Gouker. They had found a Puna reconnaissance survey through Bishop Museum that identified significant cultural and historical features at a park in Hawaiian Beaches known as Kahakai. And we wanted to rename the park "Waiakahi`ula" in honor of its identity, it's mo`olelo, and the ahupua`a that it exists in. Some of the significant features that are there include a hale wa`a, a platform for a historical house site, and some ancient agricultural sites. And these require proper preservation because it is a public park. These conversations that we've had with community have also included our Department of Parks and Recreation. We also have a former SHPD (State Historic Preservation Division) employee, Theresa Donham, who is an archeologist and former member of the Cultural Resource Commission with the County, as part of this hui because the whole idea is to create a community-driven stewardship plan where residents of that`aina can be involved in the ongoing preservation and stewardship of this park. In my conversations with Sean Naleimaile, with SHPD, he did confirm that there is a need for an AIS, and that stands for an Archeological Inventory Survey. So we will be working with the department to make that happen. There was a request for the Department of Parks and Recreation to be present at Council. So, Mo, if you could come forward. (Note: At this time, Parks and Recreation Director Maurice Messina came forward to address the members of the Council.) Page 21 Hawaii County Council-33 March 6,2024 MS. KIERKIEWICZ: Thank you to your staff, especially James Komata, for meeting with our office and community and for supporting our efforts to support our community in this request. MR. MESSINA: Good morning. Maurice Messina, Director of Parks and Recreation. Ms. Kierkiewicz basically said it all. I mean, this is the historic name of the village that was there, and we cannot find the reason why it was actually named Kahakai Park, other than that means "beach" or "ocean." So our department 100 percent stands behind the renaming of this park and the changing of the park schedule. MS. KIERKIEWICZ: Thank you. I really appreciate that. Just a couple other things I wanted to note. Council Member Inaba did bring to my attention some historical documents where Waiakahi`ula does not contain an `okina. So we will likely be making a change to the place name at second and final reading. We've got one final chance to make sure this is right because those diacritical markings do change the meaning of names. So we just want to make sure that everything is buttoned up and ready to go. But just wanted to let you know that that is something that we're going to be putting forward because I know it's important to have signs at our park with the place names. And then one of the testifiers, I think it was Eileen O'Hara, mentioned some signage that talks about the history, mo`olelo, of this place. So we will absolutely coordinate getting that information to you so it can be displayed. And anybody that is visiting that park will be able to read and appreciate the stories of that place. MR. MESSINA: That's great. We can do it. I kind of like the displays that we have at Waipi`o Valley Lookout—something like that. MS. KIERKIEWICZ: Absolutely. Thank you for being such a great partner in this. I appreciate it. Looking to my colleagues for their continued support. Mahalo. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council Member Lee Loy. MS. LEE LOY: In support. I apologize; I was absent at the last meeting. In support of, and just building off of the signage: Suggesting Hawaii Tourism Authority and Hawaii Visitors Bureau has funding to help with signage, to help create kind of a continuity between County parks signs. But they're really big on QR (Quick Response) codes, too, now. So a lot of that information and that historical knowledge that my colleague is speaking on is a perfect place to start on that QR code. So, in support. Look forward to this happening. I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Anyone else? Seeing none, all those in favor of adopting Bill 132 at first reading,please say "aye." Page 22 Hawaii County Council-33 March 6,2024 Vote on Bill 132: The motion to pass Bill 132 on first reading and adopt (Approved) Policy Committee on Health, Safety, and Well-Being Committee Report No. 10 was carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Res. 447-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE COPY MACHINE FOR THE DEPARTMENT OF PARKS AND RECREATION Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$169, to be used by the department's Nutrition Division. Reference: Comm. 751 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 447-24. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member. MR. KANEALI`I-KLEINFELDER: Just for everyone's information, I waived these to Council to expedite the funding. This is for a copy machine. It's a five- year lease, and I do not feel these need to be heard in Committee. So, with that said, that's why we're here and that's why it was waived. Thank you. CHR. KIMBALL: Thank you, Council Member. Anyone else on this matter? All right, seeing none, all those in favor please say "aye." Vote on Res. 447-24: The motion to adopt Res. 447-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Page 23 Hawaii County Council-33 March 6,2024 Res. 446-24: AUTHORIZES THE ACCEPTANCE OF A DONATION OF ORCHIDS TO THE DEPARTMENT OF PARKS AND RECREATION The donation from Quintal Farms, with an estimated value of$30,000, would be planted around the Pana`ewa Rainforest Zoo and Garden by the Orchid Society. Reference: Comm. 750 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 446-24. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member. MR. KANEALI`I-KLEINFELDER: I was happy to bring this forward because these folks are in my district and they're amazing. They have a beautiful farm, so mahalo for the donation. And I believe somewhere down the line my aunty in Kawaihae, Diane Kaneali`i, knows the Quintals very closely, and I spoke with them before. So just really appreciate this. Thank you very much and thanks for having this done, Mr. Messina. Thank you. I yield, Chair. CHR. KIMBALL: Thank you, Council Member. Anyone else? Okay, I'll just mention that Geraldine Quintal is actually a paddling sister of mine. We go way back and they're awesome people, and it's great that they've made this donation to us. So, appreciate their support of the County. All right, all those in favor please say "aye." Vote on Res. 446-24: The motion to adopt Res. 446-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. GOEAC-109 NOMINATION OF ROGER KAIWI TO THE LEEWARD PLANNING (Comm. 719): COMMISSION Requires Council Confirmation by: March 16, 2024 (Section 13-4(k), Hawaii County Charter) (Note: Comm. 719.2, from Mayor Mitchell D. Roth dated February 28, 2024, providing the updated name of the nominee, was circulated.) Page 24 Hawaii County Council-33 March 6,2024 Motion to Approve: Ms. Lee Loy moved to adopt Governmental Operations and External Affairs Committee Report No. 109. Seconded by Mr. Inaba. (Note: At this time, Executive Assistant to the Mayor Pomaika`i Bartolome and Roger Kaiwi-Machen, nominee, came forward to address the members of the Council.) CHR. KIMBALL: We have Ms. Bartolome here on behalf of the Mayor's office, and the nominee. Any discussion on this matter? Vice Chair Inaba. MR. INABA: Thank you. Mr. Kaiwi, how do we pronounce the second part of your name? MR. KAIWI-MACHEN: It's Kaiwi-Machen. MR. INABA: Kaiwi-Machen. And for the record, we did receive communication from the Mayor's office, Communication 719.2, reflecting your full legal last name. At our Committee hearing, we talked a little bit about the General Plan and CDPs (Community Development Plans), testimony from community. Just wanted to see if you had anything further to add regarding utilizing all of those resources in making decisions at the Leeward Planning Commission. MR. KAIWI-MACHEN: Basically, what I would really like to add is that I'm eager to serve. I feel very attached to my community. I think I have a pretty good pulse for my community and my area and would be happy to do this if you'll have me. MR. INABA: Okay, and then I did ask this yesterday of a different commission nominee. Could you share a little bit about your background and knowledge in Hawaiian culture and traditions, as it relates specifically to land use and decisions that the Leeward Planning Commission might be acting on. MR. KAIWI-MACHEN: Again, I'm a Kaiwi. The reason for my hyphenated last name is I am the last producing Kaiwi male. Hawaiian culture is very deep- rooted and very important to me. My children were never given the option. The boys played music and my daughter still dances for Chrissy Henriques. The culture is extremely important to us. Farming in that culture is extremely important to us. My grandfather farmed. I always wanted to be like my papa. And again, I'm very happy to be a part of that and part of the Hawaiian culture. MR. INABA: Okay. And then as it relates specifically to taking testimony, sometimes you make decisions on the Leeward Planning Commission that relates to properties that have significant archeological sites, maybe some that are not considered significant according to certain agencies. So how would you plan to address making those balanced decisions there? Page 25 Hawaii County Council-33 March 6,2024 MR. KAIWI-MACHEN: Anything that relates to our culture is significant, No. 1. One of my properties borders the Hawaiian trail. I didn't have to, but I voluntarily cleared 50 feet by hand along six acres to make sure there was nothing significant that I disturbed before I started to plant my coffee and build my own home. So there is no such thing as insignificant lands in that manner to me. I think everything needs to be addressed. Everything needs to be discussed, and a proper decision needs to be made on that. MR. INABA: Okay. And then there are some bills heading for the Leeward Planning Commission right now. A few related to transient accommodation rentals, short-term vacation rentals. What are your thoughts on that industry and that type of use across our island and across different types of properties, different types of zoning? MR. KAIWI-MACHEN: Well, I think as the world changes, we need to change as well. We need to look at the areas, the use, and the help we can provide for any and all people, especially our veterans. MR. INABA: So, for transient accommodation rentals, are you in support of growing that industry, growing that use across the island? Where do you stand there? MR. KAIWI-MACHEN: I'm looking to take a deeper dive into that to really read into that to find out a little bit more information, because I am lacking a little information on that. So, at this particular point in time, I'm not refusing to answer; I'm just saying that I don't have enough information to answer that question. MR. INABA: Okay. And then another bill that is heading for the planning commissions relates to placing time frames on all change of zone ordinances, which the Leeward Planning Commission makes recommendations to this body for. What are your thoughts on that? So, essentially, making sure that all conditions of a rezone application are completed within a certain time frame. MR. KAIWI-MACHEN: I'm open to it. However, once again, I need to dive deeper into that once this is confirmed, or not, to make an educated decision for that. I don't oppose time conditions. However, I want to do a little bit more research before I make a final decision. MR. INABA: Okay, thank you. It's unfortunate we didn't have a chance to talk since the previous Committee meeting. I did want to have that conversation. But those are the questions I have for now. Still having difficulty, especially after the last Leeward Planning Commission last week and seeing, like I said yesterday, what seems to be a rubber-stamp approach. And there isn't enough of an `ike Hawaii perspective there on that board right now. So that is my area of concern. Page 26 Hawaii County Council-33 March 6,2024 There was also discussion yesterday about Hawaiians being on the boards. But it doesn't take a Hawaiian by blood to be able to represent a certain perspective, and that's kind of the perspective that I was hoping to get more from you had we had a conversation. We didn't have that opportunity, and that's where I still remain concerned, that that perspective is lacking from the Leeward Planning Commission at this time. So, happy to hear from more of my colleagues on your nomination. Thank you. MR. KAIWI-MACHEN: If I may? Regardless of whether I'm confirmed or not, I'd be happy to share numbers with you and have these conversations. And I would be proud to be the Hawaiian on the board. MR. INABA: Mahalo. CHR. KIMBALL: Thank you. Any further comments from my colleagues on this matter? Council Member Evans. MS. EVANS: Have you thought—what do you foresee is the vision in the next, let's say, five years of what is going to happen on our island, given that there's been so much push to develop affordable housing and waive a lot of the requirements that we have put on people up to date to try to protect possibly cultural resources, open space, all these things, but there's a lot of waivers? There's been emergency proclamations. Like, how do we get land again in terms of where in the world are we really going? Do you have a sense of a vision of where we're going? MR. KAIWI-MACHEN: That's a really difficult question as a Hawaiian trying to get OHA (Office of Hawaiian Affairs) lands, as applying for that, waiting for essentially decades for nothing to happen. The last decade has moved so quickly and so expedientially. At this particular time, and today I couldn't answer that, I'm not opposed to trying to help people who are here, who have been here, who have roots here. I am opposed for making it easier for those to come and buy up all of our property. So I have mixed emotions on that; however, at the end of the day, I need to look at the information at hand and try to make the best decision possible. MS. EVANS: Because, I do think there's so much responsibility and power that you're going to have that is going to potentially set in motion certain things that will impact individual communities. Because if you were just representing one community, it's one thing. But it's just this huge area of the island, and it's by community, by community, by community, and how it all comes together. I know that I'm a believer in mixed-use development, but in also taking areas that are already urban and seeing how we can create better density and more density in urban by doing it the right way. I'm just curious how you feel about that. Page 27 Hawaii County Council-33 March 6,2024 MR. KAIWI-MACHEN: I'm going to refer back to my past. Working for Captain Cook Coffee for 12 years and another 18 years with Hawaii Coffee Company, I had coffee farmers that made $30,000 a year, and I had coffee farmers that were worth $300 million. I've seen both sides of the perspective. I see how this world really truly works. I'm open to both sides, and I've got to find some common and middle ground in there somewhere. But, at the end of the day, I want to do what's right for my community. As you address the power and the responsibility, the responsibility I accept. The power I don't want. Power? I want to help. This community's been good to me, and I'm here to give back. This is a volunteer position. I want to do what's right for our community. MS. EVANS: Thank you. I yield. CHR. KIMBALL: Thank you, Council Member Evans. I think I saw Council Member Villegas' light on, and then I'll come back here to Council Member Kaneali`i-Kleinfelder. Council Member Villegas. MS. VILLEGAS: Go ahead with Council Member Kaneali`i-Kleinfelder and then I'll go after. CHR. KIMBALL: All right. Go ahead, Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you for being here today. Nice shirt. You're welcome. Good taste. Captain Cook Coffee Company. So is this closed. And then it said 30 years with one of the companies. MR. KAIWI-MACHEN: Hawaii Coffee Company. I worked directly and indirectly for 30 years for Hawaii Coffee Company. Hawaii Coffee Company is Royal Kona and Lions the kua label I bought for them. MR. KANEALI`I-KLEINFELDER: Okay. And you no longer MR. KAIWI-MACHEN: I have retired. I've had enough of going back and forth to Honolulu. MR. KANEALI`I-KLEINFELDER: Yeah, it makes sense. And then you currently reside in? MR. KAIWI-MACHEN: Napo`opo`o. MR. KANEALI`I-KLEINFELDER: Napo`opo`o. And then, from this part to (inaudible), I was thinking, I mean, District 6 and Kohala kind of land in the north and the south of the island. So he would be representing the Leeward Planning Commission. Correct? Page 28 Hawaii County Council-33 March 6,2024 MS. BARTOLOME: The Leeward Planning Commission, yes. MR. KANEALI`I-KLEINFELDER: Okay. The reason I'm asking, District 6 comes all the way to Volcano. So it's an interesting breakup. So your decision- making would be leeward, but your district that you represent also comes to Volcano. MR. KAIWI-MACHEN: Correct. MR. KANEALI`I-KLEINFELDER: I think it's one of the bigger districts, District 6. It's humongous. MR. KAIWI-MACHEN: It's huge. MR. KANEALI`I-KLEINFELDER: I'm saying that because your responsibility lies to your district— MR. istrictMR. KAIWI-MACHEN: Understood. MR. KANEALI`I-KLEINFELDER: But you reside more, I would say, South Kona. MR. KAIWI-MACHEN: We do have—so my Uncle Jerry (inaudible), I've been helping him for the last 30 years with cattle. He's got 3,500 head out Ka`u side? I'm very familiar with all those; all the roping community, high school rodeo. So I've dealt a lot with that side and those folks and enjoy them quite well. MR. KANEALI`I-KLEINFELDER: Okay. I wasn't here for the previous hearing, and I wish Michelle Galimba was here. Did she support your nomination? MR. KAIWI-MACHEN: Correct. MR. KANEALI`I-KLEINFELDER: She did? MR. KAIWI-MACHEN: Yes. MR. KANEALI`I-KLEINFELDER: Okay. My last question: What do you think about the Punalu`u discussion that's happening right now? What are your thoughts? I'm not going to lie, that's a loaded question, but in reality that's the district— MR. istrictMR. KAIWI-MACHEN: First and foremost are taxpayers. They belong to the same community. They're part of this thing, and we need to find a solution. What the solution is today, not being read into that, I don't have a direct answer. Page 29 Hawaii County Council-33 March 6,2024 For some of those with the medical things, I think rather than making the road easier to get to Hilo hospital, we need to put maybe a better care center in the Puna district for those folks so they don't have to travel so far. MR. KANEALI`I-KLEINFELDER: Oh, no, sorry. Punalu`u. MR. KAIWI-MACHEN: Oh, Punalu`u. I'm sorry. MR. KANEALI`I-KLEINFELDER: Yeah. I was going, what are you talking about. MR. KAIWI-MACHEN: I thought we were talking about—no, so the Punalu`u district, and forgive me MR. KANEALI`I-KLEINFELDER: I mean, I like the hospital discussion. It's good but—okay. MR. KAIWI-MACHEN: Forgive me. I don't I need more information before I can answer that question as well. It's just too vast. It's too big and I need to get a ten-minute conversation doesn't make me a professional on that and I need more time. MR. KANEALI`I-KLEINFELDER: But you do understand what's being proposed MR. KAIWI-MACHEN: Yes, I do. MR. KANEALI`I-KLEINFELDER: And the community concerns. MR. KAIWI-MACHEN: I do. MR. KANEALI`I-KLEINFELDER: Okay. MR. KAIWI-MACHEN: Yeah, at this time, I really—and forgive me, I just don't have an answer for that. MR. KANEALI`I-KLEINFELDER: Okay. I like the honesty. I am concerned because these are the kinds of questions that would come up. MR. KAIWI-MACHEN: Sure. MR. KANEALI`I-KLEINFELDER: And these are the decisions that you'll have to make a decision on. MR. KAIWI-MACHEN: Understood. Page 30 Hawaii County Council-33 March 6,2024 MR. KANEALI`I-KLEINFELDER: And it is hard to have an answer, yes, no, and I'm not expecting that today. But you will be required to give a yes, no vote on that— MR. hatMR. KAIWI-MACHEN: Absolutely. MR. KANEALI`I-KLEINFELDER: Leeward Planning Commission and listen to the community and to the people who want to proceed with different projects. MR. KAIWI-MACHEN: And I can promise you, if today I am confirmed, all of these issues are going to be top of mind that are going to be top of my plate. They're going to be the first things I deal with, especially for my own district. MR. KANEALI`I-KLEINFELDER: Okay. Thank you for your honesty. I appreciate it. MR. KAIWI-MACHEN: You're welcome. MR. KANEALI`I-KLEINFELDER: I yield, Chair. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Anyone else? Going to Council Member Villegas in Kona. MS. VILLEGAS: Thank you. Aloha, Roger. I wasn't able to attend the Committee meetings where you first were introduced to the Council. Thank you for being here today. I have some questions and some deep concerns. My first question is, in looking at your application, I don't really see a connection or correlation or any direct experience reflected there that would align you with serving on one of our most impactful commissions in the County. So I suppose I wonder who recommended that you apply for this particular commission? MR. KAIWI-MACHEN: Yes, I was contacted by Rochelle Onaka with some concerns about some of the decisions that were being made. And she thought, with my experience and my decision-making, that this would be a good fit. MS. VILLEGAS: Okay. I'm disappointed with your answers for these questions. I guess I just—short-term vacation rentals is such a hot topic. It's been in the news. It's been all over the place. So I find it hard to believe that you wouldn't have some kind of an opinion, even if you're not savvy and very familiar with the current legislation that's being presented. I represent Kona. Kona coffee. And there have been efforts made since I first— well, irstwell, it's been happening for decades to acquire authentic labeling so that the value of the resource produced in Kona actually aligns with its value, that there's Page 31 Hawaii County Council-33 March 6,2024 a truth in labeling. Sorry. In my understanding and exposure and learning curve to what happens in the coffee industry, Hawaii Coffee Company is the corporate entity that has fought and lobbied so hard at the State level and is actually the cause of the issues and why authentic truth in labeling has not moved forward. I have big concerns about your working for that company and now coming to represent potentially on our Leeward Planning Commission. In this role, who you turn to for advice and the value systems you utilize to make these decisions are imperative to the future of our island. And a 30-year career for a company that I'm told by many small coffee farmers have been the cause of much of the demise to that industry and its authentic product, not to mention the importation of green coffee beans, which brought the coffee bearer borer because not required to roast imported beans just a litany of issues. I have serious questions and serious concerns about that. I also have watched for decades. And my predecessors, it was kind of the common belief that, okay, projects get vetted at the Planning Department, and they're going to get vetted thoroughly. And then they're going to go to the Leeward Planning Commission, and they're going to go through everything with a fine-toothed comb and make sure that everything is in alignment. And then it comes to the Council. So, if it's passed both of those and there hasn't been any issues, then it's pretty safe to say that the Council could feel confident in this authentically being the best decision. Tragically, that's not happening right now, and it's deeply concerning to me. The constituents in my district are on red alert for what's happening. And the placement of anyone on this commission who doesn't have the experience and who doesn't have the value systems to recognize the priorities and the need for infrastructure before there's any more expansion, it's really concerning to me. And I've had a number of people reach out. And I have to be ferocious on this because we then become the last stopgap. And that is a really tough position to be in because it's easier to play nice and say yes and not make waves, but we don't have that luxury anymore. And I encourage you—it sounds like you have a passion for our culture and a passion for agriculture and what you're doing now. And I would encourage you to then serve on the cultural commission and find another commission to get your feet wet and get to know County government and prove yourself in those arenas, and then come back and potentially apply to serve on the Leeward Planning Commission. I yield. CHR. KIMBALL: Thank you, Council Member Villegas. Would you like to respond to her comments? Page 32 Hawaii County Council-33 March 6,2024 MR. KAIWI-MACHEN: Thank you for your comments. Thank you for your honesty. Rather than debate some of those things, I will just say I'm eager to serve and I'm happy to serve if you folks will have me. CHR. KIMBALL: Thank you. Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. I'm also feeling a little bit disappointed with the answers that you're giving,just because I felt like last time I voted for you to come here with the understanding that you might do a little bit of homework, and I don't know that you've done that. If you have, I'd love to give you the opportunity to share what you have done between the last time, because it seems like your answers then were also "I just really want to serve," "I'm very dedicated to my community,"which I totally appreciate, but that you didn't know very much about kind of what the leeward planning council responsibilities were and what exactly some of the issues coming before you might be. And my understanding was you were going to do a little bit of dive into that, and I'd love to hear if you have had a chance between the last couple weeks to research some of that or to figure—do some reading, talk to people. I'd love to give you a chance to show that, but I haven't heard it in your answers here today. So,please, if you would like to elaborate on that. MR. KAIWI-MACHEN: Yes, I would love to. So, first and foremost, I've had approximately two weeks to prep for all of this stuff. I have 30 acres of coffee. I have some projects that I'm working on. I have a daytime job. So the first order of business for me is to get my own house clean before I get my feet into this stuff. Secondly, I've done a fair amount of research, but I almost feel as though I'm being pulled in several different directions to see which direction I'm going to lean. I almost feel as though I'm a pawn. I just want to be part of this thing. I do understand how important it is. I understand the magnitude. I'm a father. I'm a grandfather. I'm not going anywhere, so I understand the significance of all this. So I am—once again, I am happy to help, eager to serve, ready to jump in, but there is a lot more research that I need to be doing before I can come out and make a true stance on a lot of the stuff. MS. KAGIWADA: Okay. Thank you for your response. I yield. CHR. KIMBALL: Thank you, Council Member Kagiwada. I'll go to Council Member Kierkiewicz, and then come back to those who have spoken already. MS. KIERKIEWICZ: Thank you, Chair. Aloha, Mr. Kaiwi. It's great to see you. I've been watching you really intently during Committee and at this Council hearing, and I appreciate your very even demeanor. What I'm getting from your responses—and I do wish there was a little bit more that you were giving us here, but I get the sincerity. I get that you're a very reasonable person and really that's all I can ask. I think you understand the magnitude of the kuleana of serving on Page 33 Hawaii County Council-33 March 6,2024 this commission. Like you said, you're not going anywhere. You're invested in this place. Any decisions that are made, they're on your conscience. You're setting up the future for your mo`opuna, right. And so one thing that really resonated with me when you were speaking was this idea of you're trying to strike the right balance. I also know because you're a farmer, that you understand resource constraints and carrying capacity. So, all of those experiences, that thinking is going to come into play when you make land use decisions. So I'm going to go out on a limb here. I'm going to support your nomination. Council Member Galimba knows you and supports you, and that means a lot to me and I take that into consideration when reviewing candidates. So thank you for being here. And should you be confirmed,please make sure that you dedicate the time. I know you said you have a lot on your plate MR. KAIWI-MACHEN: Understood. MS. KIERKIEWICZ: But got to dedicate your time to going through the materials. There's a lot that's actually been backing up for Leeward Planning Commission because they haven't been able to meet. And I know it's hard to have a very specific answer to some of the questions that are being asked of you today, but I think you're smart to say, "I want the full picture." There's a lot that's been reported in the media, on social media, what aunty said down the street. There's a lot there that may or may not be the facts and what's being presented to the commissions. So I want to give you that opportunity because you sound like somebody that is going to really deliberate on matters that are before them, and make the best decision for community because you live here. MR. KAIWI-MACHEN: Agreed. And thank you very much for the vote of confidence. It's a tremendous responsibility, and it needs not only my full attention, but I've really got to look at this deeper than just me. I've got to look into my mo`opuna, and I've got to think forward on this stuff. And I need to make the proper decision as a husband, a farmer, a father, and a grandfather. MS. KIERKIEWICZ: And I'll just say that I appreciate that you're not overly verbose, like you just get to the point because there's business to take care of. So thank you. I yield. MR. KAIWI-MACHEN: Bless you. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council Member Kaneali`i-Kleinfelder, a quick correction to the statement and then I'll go to you, Vice Chair Inaba. Page 34 Hawaii County Council-33 March 6,2024 MR. KANEALI`I-KLEINFELDER: I was thinking about this, and then Mr. Henricks actually corrected me. So leeward/windward, not Council district specific; that was my misinterpretation. So we have judicial districts. So you are actually leeward being that you're in South Kona, and Volcano/Ka`u being windward. That's helpful for me. And I apologize if I misinformed anyone. But I'm always learning, so I just wanted to correct my statement. Thank you. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Going toactually, Council Member Lee Loy has not spoken. So I'll go to you first and then back to Vice Chair Inaba. MS. LEE LOY: Thank you. Mr. Kaiwi, thanks for being here. I get the feeling my support of you, because I absolutely support you, may fall short today. I wanted you to take the opportunity to talk a little bit about some of the criticisms we heard earlier by other Council Members, which I feel is being misplaced. MR. KAIWI-MACHEN: Agreed. MS. LEE LOY: How's that feeling? MR. KAIWI-MACHEN: Actually, it's an attack on my self-being and everything I've built. However, rather than throw rocks back, I would rather just smile and promise to do the right thing. MS. LEE LOY: That in and of itself is why I will stand up next to you and support your nomination. I was taught by a few people, and one person who comes to mind right now and who I think about when I listen to you talk is Rockne Freitas. And Uncle Rockne, superstar football player, would always ask me the question: "Sue, in football, you ask yourself`Will you line up with them?' Because, that's the person who going protect your blind side, who going help you out, who's going to protect you." And I share that because I'm going to line up with you, Mr. Kaiwi, because we need more of you. You no need be perfect. You no need have all the data. You just have to have an open mind to listen, take that criticism, not throw rocks back, and move forward with the business at hand. I'm here in strong support of you. I think we need more people like you. And I'm glad at every single answer you provided, because there's a lot of people on this dais who had no experience whatsoever on land use, and they sit here and they throw rocks. Thank you, Chair, I yield. MR. KAIWI-MACHEN: Bless you. CHR. KIMBALL: All right, thank you, Council Member Lee Loy. Vice Chair Inaba. Page 35 Hawaii County Council-33 March 6,2024 MR. INABA: Again,just going back to what the current composition is, I cannot support today. And naming the people that you know, we know a lot of those people. Those are close family friends of ours too, and unfortunately,just finding that out today, not being able to talk story with you, with them, I have to make a decision from my na`au based on what I think is best for our community. And I hope that we get to know each other outside of this space, and hopefully, one day, I would be able to support. And again, I go back to the Administration in that I know folks who brought a Hawaiian perspective that I really knew could advocate and articulate that perspective at the planning commission, for the specific seat you're being nominated for, who were not advanced to the Council in light of what I believe is a lack of that perspective on the commission. So I want to mahalo you for being willing and for coming here and having to endure this process, but I, in good faith to my `ohana, to my community, and to myself, cannot support today. Thank you. MR. KAIWI-MACHEN: Thank you. CHR. KIMBALL: Thank you, Vice Chair Inaba. Council Member Evans. MS. EVANS: Thank you. I have a different question. So it sounds like you've worked for a lot of people. And so I'd just like to hear from you about when I'm listening to this and I'm kind of hoping that it's not like a"go along to get along" mentality, but more like your ability to say no to the—so you're going to have community people come and talk to you. You're going to have the Administration come to talk to you. Maybe the Mayor will knock on your door. I don't know. But, at some point in time, you're just going to say, "No, because I feel this is what is the best in the community." Can you give me an example where you feel like you can just really rise to that instead of just getting along? MR. KAIWI-MACHEN: Absolutely. We dealt with each other, again at the State level. Back in those times, we had carte blanche. We could have ran away with anything, but we always did the right thing. It wasn't always the most popular thing, but it was the best thing for the industry. And I want to do the same thing here. I want to keep that in mind. And no matter what, because I'm not going to get into a rock-throwing contest today, that doesn't mean I won't stand up to somebody and tell them no. So, please. MS. EVANS: Thank you. I yield. CHR. KIMBALL: All right. With that, I think we'll proceed with a roll call vote, Mr. Clerk. Page 36 Hawaii County Council-33 March 6,2024 Vote on The motion to adopt Governmental Operations and GOEAC-109: External Affairs Committee Report No. 109 failed by the Failed following roll call vote: Ayes: Council Members Evans, Kierkiewicz, and Lee Loy —3. Noes: Council Members Inaba, Kagiwada, Kaneali`i-Kleinfelder, Villegas, and Chair Kimball —5. Absent: Council Member Galimba— 1. Excused: None. CHR. KIMBALL: Thank you for your time. We appreciate it. Thank you. GOEAC-110 NOMINATION OF CECI DAVENPORT TO THE LIQUOR CONTROL (Comm. 720): ADJUDICATION BOARD Requires Council Confirmation by: March 16, 2024 (Section 13-4(k), Hawaii County Charter) Vote on Ms. Lee Loy moved to adopt Governmental Operations and GOEAC-110: External Affairs Committee Report No. 110. Seconded by (Adopted) Mr. Inaba and carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Villegas —2. Excused: None. Return to Order The Chair directed the Council to return to the order of business. of Business: STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON RES. 438-24 The following individuals registered to speak and came forward when called by (COMM. 728): the Chair: Sue Champeny: In support. (See Comm. 728.12) Jennifer Perry: In support. (See Comm. 728.11) Page 37 Hawaii County Council-33 March 6,2024 Res. 438-24: AUTHORIZES THE PLANNING DEPARTMENT TO AWARD FUNDS TO VARIOUS NONPROFIT ORGANIZATIONS THROUGH THE KILAUEA RECOVERY GRANT PROGRAM Provides $3,293,400 in grant funds to various nonprofit organizations to provide relief, recovery, mitigation, and long-term resilience for disaster damages, losses, and suffering caused by the 2018 Kilauea eruption. Reference: Comm. 728 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-144 (Note: Comm. 728.10, from Disaster Recovery Officer Douglas Le dated February 27, 2024, providing a list of projects recommended for funding through Resolution 438-24, was circulated.) Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 438-24 and Finance Committee Report No. 144. Seconded by Mr. Kaneali`i- Kleinfelder. (Note: At this time, Disaster Recovery Officer Douglas Le, Planning Department, came forward to address the members of the Council.) CHR. KIMBALL: To start off the discussion, we have Planning here. Go ahead, Council Member Kagiwada. MS. KAGIWADA: Thank you. Thank you for being here, Mr. Le. I just wanted to know. One of the testifiers talked about there being $200,000 left on the table. Can you maybe just explain that for the public? That'd be great. MR. LE: Good morning, Chair, members of the Council. Douglas Le with the Planning Department. To answer your question, Council Member Kagiwada, when we were before the Council to amend the ordinance back in the summer of 2023, our team, the Administration, kind of met to look at the resources that are available for recovery. And we put out a target of$3.5 million to be awarded in this round of grants for which applications opened back in October. I touched upon this briefly when I was before Committee for this resolution a couple of weeks ago. But based on this target of$3.5 million of funding, we went through our panel reviews for all of the applicants; 35 applications totaling over $10 million of requests. And, as we got to the kind of top-ranked proposals, those proposals were also about$6 million if we were to fund the full asks. And so our staff, as a panel, kind of went through application by application among that top tier: line item by line item, scope item by scope item and their associated costs. And, from there, we got to a place of kind of what could we get funded from each Page 38 Hawaii County Council-33 March 6,2024 project. The total ended up being less than the target of$3.5 million. But that is how we got to the amount that is before you across these applications as part of this resolution. MS. KAGIWADA: Okay. So what happens to the remaining $200,000? MR. LE: Sure. The grants being recommended for award on the resolution today, the prior round of Kilauea Recovery Grant Programs from three years ago and also investments in the Puna Strong Grant Program, all these grant programs are being directly funded by a $20 million grant from the State Legislature for lava recovery. Funds that we do not expend or encumber through these grant programs remain available for other recovery efforts. Very specifically,just kind of timing-wise with the decisions that will roll out of this program, there is some really sharp focus on the funds that we will need or have available to us to restore these major infrastructure investments from Pohoiki Road, Highway 137, the waterlines associated with them. And so, in targeting the $3.5 million and with the just over $200,000 within that budget envelope that are included in this resolution, that is at least the first place that it would go once we have a clear sense of the total cost of the restoration of this infrastructure, and if the cost itself is on top of any of the awarded FEMA (Federal Emergency Management Agency) funds for the same purpose. MS. KAGIWADA: Great. Last question. Do you anticipate another round of grant funding going out to the community? MR. LE: Right now, we are working to get this round of awards going. I went in some detail about what is coming in terms of the infrastructure cost. What those realities look like to have the full funding to commit to these projects will be a large factor of whether we can do another round of Kilauea Recovery Grant Program funds. MS. KAGIWADA: Okay, great. I'll be supporting. Thank you. MR. LE: Thank you for your support. CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Lee Loy. MS. LEE LOY: Thanks. Thanks, Mr. Le, for being here. I'm going to start with more money, more problems. And I really—it even happens with us in the Waiwai Grant Program, right. You can't award everybody. And there was some testimony around some of the applications that were asking for funds for infrastructure cost. I know we have a recovery program and then we also have the ordinance that kind of outlines where these funds can go. Can you share with us Page 39 Hawaii County Council-33 March 6,2024 and maybe just clear the air for us, that while we are trying to fund everything, we have to stand within the guide of the law, specifically some infrastructure costs for roads in a private area. MR. LE: I'm a long-time fan of Biggie Smalls so I appreciate the reference. Yes. Resources/infrastructure needs I think are very central to a lot of what makes our work within the Kilauea Recovery Team very challenging. But I don't think it's a misstatement to say that those same issues are what make a lot of all of our lives on this island very challenging, the heavy decisions the folks within our local government, you all as elective leaders, also need to grapple with. A lot of themes here. And I really kind of try to ground that in terms of some of the challenges that we're facing. What's unique about our program and the work that we do every day is that we're working with individuals and families and entire communities whose lives were complete upended by a natural event. And so what is maybe an inconvenience in certain communities or a challenge in other communities is so much heavier with the communities that we work with. So I don't mean to make light of that at all. I think to maybe answer your question more directly, I think it's important to acknowledge that our the last Administration, in partnership with this Council, worked very hard to create something very unique through this program and through the ordinance that enables it. But for some recent changes that the Council has led, it was always a very black line around public funds going towards private infrastructure. And in light of the available resources, the Legislature brought it to the County in light of the really kind of heavy needs the community had. Working with Council Member Kierkiewicz, this broader Council, we created an ordinance that established a public purpose to invest what are public dollars onto private property. And so that is kind of the foundation that we work from. And the other kind of facet in terms of process and a lot of the outcomes that we've been discussing kind of in this chamber, including a lot of the concerns and dreams and wishes of folks who testified as well, is once we establish a program, establish kind of the bounds of it, it has to be a competitive process among those who put their projects forward. These decisions were not easy ones. From folks in our program, Patti Pinto who is the lifeblood of this project and but I also know that I can say that in terms of what it means to administer this program. The impacts of the decisions are also not easy for anyone either; those that are awarded funds and those that were not awarded funds. I just want to kind of respect that and put that out there, but that's kind of where we started and how we got to these certain outcomes in terms of the recommended awards that are before the Council in this resolution. Page 40 Hawaii County Council-33 March 6,2024 MS. LEE LOY: Thanks, Douglas, for that response because I think people see this as an opportunity, right, but then they don't understand the parameters. And so they put a lot of effort into applying to only realize that their project actually fundamentally wasn't in alignment with our ordinance for the recovery program. Do we send letters kind of notifying them as to why their program or project wasn't selected and how they, maybe in the future, could strengthen their application? Does that happen? MR. LE: Sure. So, of the 38 applications we received in this round, all met the basic eligibility requirements, right. All were meeting the needs of the ordinance in those respects. So that's something our team reviewed for before we began reviewing. What I will say I think is that, in the application process, some projects were more clearly articulated. We know we look at questions of feasibility, how the scope kind of speaks to the budget, and how does the budget speak to kind of the practical realities of getting the projects done. Impacts. I think impacts are important because obviously our communities are very complex. But sometimes access to 22 properties could mean access to hundreds of acres, right, and that math works its way out in different ways, given the different conditions in our communities, right. After our staff team completed our process, we did notify all 38 applicants of kind of their standing, also knowing that these are recommended awards. We would have to spend some time to work with you all to get to authorization of these awards before we can get the contracts going. And that's something everyone's really anxious to get started. What we have offered is for applicants, those that are kind of not-for-profit fiscal sponsors supporting projects that aren't their own and also direct applicants, if they've asked for their scoring sheets, we have provided them. I've had several meetings and one-on-one conversations with applicants as well who've requested kind of the feedback on the time. And we have, I think with every conversation, tried to be fair and honest and helpful around kind of future approaches should any of our applicants, whether they're formal nonprofits or just a hui of farmers trying to get access back in. If there are other sources of funding available, I hope that some of the conversations we've had at least help a little bit in terms of their next chance to be able to access funds that were made possible through this round of funding. MS. LEE LOY: Thanks, Douglas. And I don't want to overshadow what a wonderful offering this resolution provides to so many people, but just for transparency purposes, we've got to take the good with the bad. Thank you for the opportunity to kind of clear the air and really bring a lot more context and truth around some of the decision-making that happened. And happy to support this. Page 41 Hawaii County Council-33 March 6,2024 And I just have to say I really love when we award programs that provide a longer runway for success. We have a program that's just basically a year, but by the time awarding and contracting happens, it's just nine months. And so, looking for programs with longer runways so that they can actually build capacity and have true success is what I'm really excited about for this program. Thank you, Chair, I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Council Member Inaba. MR. INABA: In support. And, Douglas,just wanted to thank you for the communication and so clearly laying out how things are meeting what section of the Code. I was telling Council Member Kierkiewicz, like, example of how easy information can be. So thank you. MR. LE: Appreciate it. Patti deserves all the credit. We have a good team. They can produce great work. CHR. KIMBALL: Thank you, Vice Chair Inaba. Council Member Evans. MS. EVANS: Good morning. Yeah, please, it's a lot of work and I really want to thank you. What I noticed is it's predominantly going to agricultural, which is fabulous. You're doing roads. You're doing infrastructure. You're buying land. You're doing a lot of stuff, and it seems to be a lot around employment, getting people back employed, supporting health and wellness of people, I mean mental health. So I love how this is, I think, going to hopefully really inspire the community and get things going. But the thing that I, for one,just hate to see that there's $200,000 left on the table and not being appropriated. There was a comment by one of the testifiers earlier today that maybe there was some applicants that really didn't ask for a lot of money. Maybe you had people that were coming in at 30,000, 40,000, or much less, but they had a specific thing they wanted to accomplish. And I was curious because I'm looking at the dollar amounts and they seem to be pretty big dollar amounts. So was there any consideration of giving smaller amounts? MR. LE: There were, right. We did not approach the review from any kind of perspective of certain scales of projects are more fundable than others. We looked at each project application through our review process, right, kind of the same set of questions. I think on the specific case that was brought up by the testifier, which I want to acknowledge deserves a more formal response, it was really more so. That second stage where we had to look at every single application around down to the scope item, down to the budget item, does the application's narrative speak to the scope, speak to the impact of their like really reflecting? It wasn't as much that we had a $3.5 million bucket to fill per se. Page 42 Hawaii County Council-33 March 6,2024 We also looked at kind of the level of kind of public investment in every single piece of the project that we were investing in. And by looking at it with that lens and with that level of review, we got to $3.293 million. And so I understand the feeling and I've had many conversations with a lot of folks in our community about what it means to leave money on the table, especially in light of kind of how challenging it was to make sure that we were kind of spreading the resources to make projects whole as much as possible. But I will say that when we applied that lens of kind of each and every item and each and every application kind of making sense in terms of that level of investment among those top-ranked, following the panel review that was the outcome and that's where we landed as a committee. What I will say is that, again as we mentioned earlier, if the many demands on these limited funds kind of come to light in such a way that we could do another round, it is something our team could explore. We would probably figure that out much sooner than the time between the first round of funding and this round mainly because a big part of the time between Round 1 and Round 2, which we find ourselves in, were really getting the Code amendments right. We know to learn from Phase 1 and to get Phase 2 right. And so I think we're in a good place with the ordinance. I don't anticipate needing to revisit it and if we were to find ourselves to open up a third round of funding. MS. EVANS: I just know that sometimes the work on a $40,000 grant is as much work as a $500,000 grant. And I know you have limited you have to process all this. It's just I'm kind of hoping that we see some smaller grants too. Anyway, thank you. I yield. MR. LE: Point taken. Thank you, Council Member Evans. CHR. KIMBALL: Thank you, Council Member Evans. Checking in with Kona real quick. MS. VILLEGAS: Yes,please. CHR. KIMBALL: Go ahead, Council Member Villegas. MS. VILLEGAS: Thank you. Aloha, Doug. Thanks, Douglas. Thanks for being here. I just had a quick question. I was curious as to where this $3.5 million originally came from. MR. LE: That's a great question. Of the $20 million that we are using as a source for these grant funds, you know, between two rounds of Kilauea Recovery Grant Program, we're looking to move forward with three rounds of Puna Strong Grant Program. When you add them all up, it looks like just around $9.1 million of investments over the past four years, either expended or encumbered, should we be able to move forward with the resolution before us. Page 43 Hawaii County Council-33 March 6,2024 And so, without specific clarity right now about the total cost for the roads and waterline infrastructure replacement, kind of reserving half of the $20 million felt like a safe bucket, not only because 10 is half of 20, but also when we look at some of the actual costs for the roads, the percentages of escalation that we're seeing across a lot of construction projects—as a helpful reminder, the County anticipates $82 million in grant agreement for the roads and roughly $6 million for the waterline projects associated with the roads. And so part of that was also hedging a bit of what percentage of escalation we might be able to anticipate without really knowing until we get the bids back. MS. VILLEGAS: Okay. Thank you. I'm grateful. I knew you'd have a great answer there, and it confirms what I kind of thought it would be. I just, yeah, needed that answer. So thank you for that. I yield. CHR. KIMBALL: Thank you, Council Member Villegas. Anyone else? Going to Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. And thanks to my colleagues for their continued support, the really great questions and dialogue. Thank you to my community for still showing up. I hadn't seen Eric Cockcroft in a while, and so, glad he's back. But I can also understand, not as intimately as he and his `ohana, but just the frustration of it being five, going on six, years since the eruption and being displaced, not being able to go back to home. But I also think that there's this radical like acceptance around what you knew as home is now lost and there's no bringing it back. And so I empathize with all of the hurt and the hardship that our community has faced, but we have a strong community and we're rebuilding. But the road is long. It's much longer than I think we all anticipate and it's expensive—very expensive. And one of the things that Douglas and I and the larger recovery team felt really passionate about was making sure that some of that funding we received from the State could be unlocked, so that community could design and implement solutions to aid in its recovery and long-term resilience. And so I see this grant program as not just a financial allocation, but it's a way that we can show our continued commitment to community. I think this program, in conjunction with Puna Strong, which has helped individuals achieve nonprofit status through this grant program, as Council Member Evans mentioned, a wide variety of programs that were once an idea but now the community was supported with funding to demonstrate it and make it a success. And now they're able to apply for more funding during the second round. I think what hurts a lot is not everybody is able to receive funding: 38 applications, more than $10 million in asks. And even those that got an award, not everybody got a hundred percent of the award and that hurts. It sucks. I wish Page 44 Hawaii County Council-33 March 6,2024 that I could make everybody whole. I think we all wish that in the recovery team but we can't. But I still think that there are opportunities to still help all the folks in our community that have been impacted by the eruption. I think about the great opportunity with the economic recovery fellow that we now have dedicated to economic development in Puna. I also think about how some of this money could be used to deploy training and technical assistance so that we can help some of our nonprofit partners write business plans, secure other funding. There are other ways that the County can help beyond just writing checks. I think, in closing, I just want to encourage my colleagues to continue to support this measure, because behind the names of the organizations and the projects that we see here in the ordinance are people. They are people from the Puna community who are worth supporting because they are on the frontlines in providing relief, I think restoring hope, and helping our community heal from this eruption. Thank you, Chair. And thank you, Douglas and Patti and your team, for being in the arena and supporting our community always. I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I just want to second that. Mahalo for what you guys are doing. To Ms. Pinto and to Mr. Le, thank you for your efforts. I know you have a team behind you but good job. Following up on some lengthy discussion we've had, and as I looked over these nonprofit grants, something that you and I discussed in the very beginning of all this, maybe two years ago, three years ago, can these funds be applied towards private roadways. I believe we kind of—we danced around it a little bit. I think, ultimately, I was told"no." But, in looking at these, something changed. MR. LE: Right. From my understanding of it when we first came before Council I think, I have to track which year, but probably at least three years ago to create the ordinance, that amended kind of the core law on the books around how to administer kind of the County grants. The ordinance that was passed basically allowed for the purpose of recovery and rebuilding long-term resilience, the ability to spend public dollars on private infrastructure and private property. I think a nuance that I believe we've also kind of covered, and I apologize if kind of things weren't as clear before, is also kind of understanding just through this application process, as an example, kind of what is the tie back of the potential investment in private infrastructure or private property to eruption event. I think for programmings, right, where programming can assist folks who are directly displaced—members of our community in general, extended families that were impacted that often doesn't become kind of a hard lens that we have to always apply, right, because people is a little different than capital investment, property, roads. Page 45 Hawaii County Council-33 March 6,2024 But it's been my understanding, in our ability to administer this program, is these funds can kind of work to the benefit of improving private property, including private roads, so long as there's that tie back to the disaster event. The original ordinance does reference the 2018 Kilauea Eruption, but I also remember a kind of dialogue with Council and I think discussions with Corporation Counsel at the time is, knock on wood, we'd be put in a similar position, a similar scale of impacts that we'd have to recover from, that,just changing that tie back event from Kilauea eruption to another event, could be something that could be worked through the ordinance so we could apply this tool again. So I hope that helps to clarify things, but it's been—it's like a"yes and" in terms of possible and also kind of the kinds of purposes that, or where the funds on private property would be going. MR. KANEALI`I-KLEINFELDER: Thank you for that. Yeah, listening to the testimony today, there is a need and we are six years in. So we're overdue and it's good to see us providing funding to organizations that can get the work done, and work/dance around with County to get access back to some of these places that have been landlocked. Thank you. MR. LE: I appreciate the question and support. I know there's a lot more work to do, not just for this program but across everything that we are working on with community. MR. KANEALI`I-KLEINFELDER: Thank you. MR. LE: Thank you. MR. KANEALI`I-KLEINFELDER: I yield, Chair. CHR. KIMBALL: Thank you, Council Member. Council Member Inaba. MR. INABA: Thank you. Douglas, if you wouldn't mind sending over the applications and the specifics because we have the Waiwai Grant coming up. We just want to make sure that we are not double awarding for same programs. That would just be helpful ahead of time. Thank you. MR. LE: Okay. Happy to share that. And I think, also, once any authority is provided to award grants, we'll be updating our website as well with the folks, the funds, the purpose. Happy to share what we have. CHR. KIMBALL: Thank you very much. All right, anyone else? Seeing none, all those in favor of adopting Resolution 438-24, please say "aye." Page 46 Hawaii County Council-33 March 6,2024 Vote on Res. 438-24: The motion to adopt Res. 438-24 and Finance Committee (Adopted) Report No. 144 was carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. CHR. KIMBALL: Thank you very much for being here. It's a quarter after noon right now. Do folks need a break for lunch or we want to keep going? Okay, let's take a ten-minute break for snacks and whatnot, and then we'll come back at exactly 12:25. Okay, clearly I need a break as well. All right, we are recessed until 12:25. Recess: At 12:14 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 12:26 p.m. Res. 439-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI-FUNCTION DIGITAL IMAGING DEVICE FOR THE DEPARTMENT OF LIQUOR CONTROL Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$300, to be used by the department's Hilo Office. Reference: Comm. 729 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-145 Vote on Res. 439-24: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 439-24 and (Adopted) Finance Committee Report No. 145. Seconded by Ms. Lee Loy was carried by the following voice vote: Ayes: Council Members Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Evans and Galimba—2. Excused: None. Page 47 Hawaii County Council-33 March 6,2024 Res. 444-24: AUTHORIZES THE ISLAND OF HAWAII YMCA TO USE CONTINGENCY RELIEF FUNDS FROM COUNCIL DISTRICT 3, PREVIOUSLY AWARDED BY RESOLUTION NO. 411-24, FOR EXPENSES RELATING TO A MURAL PROJECT FOR ITS NEW HORIZONS YOUTH DEVELOPMENT PROGRAM Funds would be used to cover artist consultation fees and to purchase art materials. Reference: Comm. 748 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 444-24. Seconded by Ms. Kierkiewicz. CHR. KIMBALL: Council Member Lee Loy. MS. LEE LOY: I'm going to start with what a great number, 444-24! If I could just explain. This money was awarded under a previous resolution. Unfortunately, the contracting and the timing didn't align. The money's all still there. We're just stretching out the time line so all of this paperwork can get in place, and everybody can get the artwork. I ask for my colleagues' support. CHR. KIMBALL: Thank you. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 444-24: The motion to adopt Res. 444-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Res. 445-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ROOT AND RISE HAWAII FOR EXPENSES RELATING TO ITS NATURE AND ART AS THERAPY WORKSHOPS Transfers $6,400 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 749 Intr. by: Ms. Galimba Page 48 Hawaii County Council-33 March 6,2024 Motion to Approve: Ms. Lee Loy moved to adopt Res. 445-24. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Lee Loy. MS. LEE LOY: Just advancing this for our colleague. CHR. KIMBALL: Great. Thank you. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I just wanted to offer some comments. I actually know Aliza McKeigue with Root and Rise Hawaii. If you go to their Facebook or Instagram page, you will see all of the really amazing, you know, horticulture art-related therapeutic workshops that they do in our community. And so it's a phenomenal program. I love that Council Member Galimba continues to support this because it's rising in popularity and really helping people to heal using art. Yeah, we can all use more art in our lives. So, would love everybody to support this for Council Member Galimba. Thank you. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 445-24: The motion to adopt Res. 445-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Res. 448-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HO`OULU LAHUI FOR EXPENSES RELATING TO THE PUNA FOOD SUMMIT, A COMMUNITY ACTIVATION EVENT OF REVITALIZE PUNA 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. 753 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 448-24. Seconded by Mr. Inaba. Page 49 Hawaii County Council-33 March 6,2024 CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. This week Saturday, March 9, at the Billy Kenoi District Park Gym in Pahoa, from 10 a.m. to 2 p.m., we are coordinating our tenth Revitalize Puna community activation. It's so crazy to think that we've been doing this for like three years now but we have. And this particular event is also going to include a food summit so that we can bring together Puna farmers and ranchers, and people that are interested in just strengthening the food systems within the Puna region. This funding is going to support ensuring that we can do plants and starter giveaways for residents that show up. I encourage you to register your attendance at revitalizepunal0.eventbrite.com. We have more than 450 people signed up so far, which is like more than double than what we've seen in prior activations. And I really think it's because folks are just so excited about coming together to talk about all things food. So, looking for everyone's support so that we can bless up our community and support them in their ability to become more food secure and resilient. Thank you. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 448-24: The motion to adopt Res. 448-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Galimba— 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.) 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.) Page 50 Hawaii County Council-33 March 6,2024 Bill 109: INITIATES AN AMENDMENT TO ARTICLE XIII, SECTION 13-8 OF THE (Draft 4) HAWAII COUNTY CHARTER(2022 EDITION), RELATING TO TERM OF OFFICE OF DEPARTMENT HEADS Proposes to revise the County Charter to require the Mayor to appoint department heads within 30 days of taking office and within 60 days of any vacancy occurring during the Mayor's term of office. Reference: Comm. 627.23 Intr. by: Mr. Inaba and Ms. Villegas First Reading: January 10, 2024 Second Reading: January 24, 2024 Postponed: February 7, 2024 Held Over Pursuant to Council Rule 23(1)(d): February 21, 2024 2/3 Vote: Third of three required readings, Section 15-1(a), Hawai`i County Charter (Note: There is a motion by Mr. Inaba, seconded by Ms. Villegas, to pass Bill 109, Draft 3, as amended to Draft 4, on third and final reading.) MR. INABA: Thank you, Mr. Clerk. Lots of readings on this bill, and happy we got to hold it over. Asking for my colleagues' continued support in this matter. And again, thank everyone for the good conversation and the retooling of this bill to ensure that future councils do have a say in who is serving as head of the different agencies in the Administration. Thank you. CHR. KIMBALL: Thank you, Council Member. Anyone else? Council Member Kierkiewicz. MS. KIERKIEWICZ: I just want to mahalo you for working so hard to address concerns that were raised by the body, but also to provide much-needed clarity in this section of the Charter. So you have my wholehearted endorsement, and I encourage our community to vote for it during election season. Thank you. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council Member Lee Loy. MS. LEE LOY: Me too, to the makers. Absolutely. I think this provides a lot of clarity and takes out the ambiguity of where we go. But it's also serving as a reminder that there is still lots of work to do around policy just to get them kind of in alignment with what the practice is. So, Mr. Inaba, really do appreciate you kind of just diving into all those areas of our policy work. Happy to support and look forward to what kind of numbers you get on the ballot, because I think myself and Council Member Kierkiewicz have the highest turnout when it comes to ballot initiatives. So put the challenge out there. I yield. Page 51 Hawaii County Council-33 March 6,2024 CHR. KIMBALL: Thank you. Sounds like the gauntlet has been thrown here. Anyone else? All right, all those in favor of adopting Bill 109, Draft 4, at third and final reading, please say "aye." Vote on Bill 109: The motion to pass Bill 109, Draft 4, on third and final Draft 4 reading was carried by the following voice vote: (Adopted) Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Bill 128: AMENDS CHAPTER 11, ARTICLE 1, SECTION 11-15, OF THE HAWAII (Draft 2) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO TRANSFER OF EXCESS AFFORDABLE HOUSING CREDITS Requires developers of affordable housing projects to obtain approval from the Housing Administrator prior to initiating the transfer of excess affordable housing credits and that the Housing Administrator validate any such transfer upon its completion. Reference: Comm. 695.2 Intr. by: Mr. Inaba and Ms. Kimball First Reading: February 21, 2024 Motion to Approve: Mr. Inaba moved to pass Bill 128, Draft 2, on second and final reading. Seconded by Ms. Kagiwada. CHR. KIMBALL: Any discussion? MR. INABA: I just ask for my colleagues' continued support in this matter. Mahalo. CHR. KIMBALL: Thank you, Vice Chair Inaba. Council Member Lee Loy. MS. LEE LOY: In support. I did ask the question about our DHHL (Department of Hawaiian Home Lands) credits and how those are accounted for, but also how they're going to be utilized. And, speaking with Corporation Counsel, we're going to take a little bit of a deeper dive into that section. This bill actually serves as a perfect vehicle to at least start to account for it. And then we'll maybe either look at future legislation and/or retooling on the spend down. I don't even know if that's the correct term of the credits, but there might be future legislation. So thank you very much for putting this together. It's a great space for us to continue to work from. In support, Chair. I yield. Page 52 Hawaii County Council-33 March 6,2024 CHR. KIMBALL: Thank you, Council Member Lee Loy. Council Member Kagiwada. MS. KAGIWADA: Thank you. Also in support. Just happy to see us moving forward on something that really has been a black eye on our County. So, really happy that you were able to take this on and get us going forward in the right direction to keep track of these very important assets that are out there. So thank you, both. I'll be supporting. CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Evans. MS. EVANS: I'm sorry but I do have a question for Corporation Counsel,just on the last sentence. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. EVANS: I love the fact that we're addressing this. I think it's been an issue that's needed to be addressed, but I have some concerns in its application and if it makes the County vulnerable to a lawsuit. The last sentence says, "Excess credits that are transferred in violation of this section are voidable at the discretion of the County." So that means maybe sometimes an administrator says, "I'm not going to basically do this," and other times somebody will say, "Yeah, I'm going to." So does this force the department into doing administrative rules so people can see how it's going to be applied? I don't know. I'm just thinking of down the road if you treat one person different from another. MS. STRANCE: Thank you. Elizabeth Strance, Corporation Counsel. The reason for the word "voidable" is that it would allow the department to determine whether the credit was earned. And so, if they received something that's not earned, they could void it. But if it's a matter of somebody not having dotted their "I's" and crossed their "T's" and they determine that it's a valid credit, then the credit would be recorded. It was just a way to not require the additional process where not lay out an additional process where it would be a matter of the party going back and providing more information for the department to account for the credit. And then also have the authority where if it—for example, if the credit wasn't earned because the seller had built the affordable housing to earn the credit, something submitted to the department of housing would be void or it could be voided by the department. But if it was done but sufficient evidence hadn't been Page 53 Hawaii County Council-33 March 6,2024 submitted to the department at the time the paperwork was filed, it's just a matter of having somebody go back and get the paperwork. That it was really trying to avoid a really intensive process just to get clarity. MS. EVANS: Right. No, I hear you. I just want to be sure because it says it's at the discretion just to make sure that people can't say you're doing one thing over another, and maybe not. Maybe the sentence covers it all and that's MS. STRANCE: I hear your concern. MS. EVANS: And maybe the way it's written is just fine. But sometimes when we throw in words like "discretion," sometimes that automatically kicks in administrative rules or more rulemaking where you give guidance. I don't know if this would rise to that level or not, but I just wanted to point it out because I saw that. MS. STRANCE: Yeah, I suppose you could take out the word"voidable" and put in "shall not be recognized" or something like that. We could strike that out if you have concerns. MS. EVANS: Well, I'm just asking you just to make sure that our wording doesn't get misinterpreted, because there's a lot of people in the legal world that will take one word and really play with it. So I was just curious because I saw that"discretion," and I went"Oh, so you're giving discretion. And so what would be the guidance in terms of how it's applied then?" MS. STRANCE: Yeah, my training is that you should craft in plain English. And if you're interpreting this as a legalese word that could be misconstrued by people or over construed by others, we could probably wordsmith it a little differently and avoid that concern. MS. EVANS: I'm bringing it up. I'll let the body—what would your recommendation be? MS. STRANCE: The recommendation is if you don't like the word, there are other words we can choose, and we're happy to do that if that would be the preference of this body. MS. EVANS: I will defer to the maker on that. Thank you, I yield. CHR. KIMBALL: Thank you, Council Member Evans. Vice Chair Inaba. MR. INABA: Thank you. I just want to clarify. The Housing Administrator has to grant approval for the transfer to occur. This part where it's talking about discretion on voiding the credits gives that to the County, as an entity, and that is to allow for others besides the administrator of Housing—for example, Page 54 Hawaii County Council-33 March 6,2024 Corporation Counsel to make that decision. And it leaves that opportunity technically, those credits, if they weren't real, were never real anyway. But this sentence is really to encourager folks to follow the process, and that allows our accounting of excess affordable housing credits to be accurate moving forward because we finally did get that accounting. So I would ask that we support the language as it is because, ultimately, it's mostly for encouragement of following this section. However, it gives the County that power to void, if it needs to, any credits that aren't actually real to begin with. And with that, I would be remiss not to acknowledge and thank again our County Auditor Tyler Benner for his work in supporting this bill. Having gone through the audit with the Office of Housing and Community Development, it was the auditor who kind of found this language and showing this loophole where our record could be out of date surely if we don't include language like this. So mahalo to our Auditor. CHR. KIMBALL: All right, thank you. Anyone else on this matter? Seeing none, all those in favor of adopting Bill 128, Draft 2, please say "aye." Vote on Bill 128: The motion to pass Bill 128, Draft 2, on second and final Draft 2 reading was carried by the following voice vote: (Adopted) Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Bill 129: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2024 Appropriates revenues in the State Grants —Transit-Oriented Development Capital Improvement Projects for Kukuiola Village 9 account($400,000); and appropriates the same to Transit-Oriented Development Capital Improvement Projects for Kukuiola Village 9 account. Funds would be used to support the assessment, design, and feasibility of low-income affordable housing in a portion of Kukuiola Village 9 in North Kona. Reference: Comm. 703 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: February 21, 2024 Page 55 Hawaii County Council-33 March 6,2024 Vote on Bill 129: Mr. Kaneali`i-Kleinfelder moved to pass Bill 129 on (Adopted) second and final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Bill 130: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-279, SCHEDULE 27 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PARKING ON PAVEMENT PROHIBITED AT ALL TIMES Adds parking restrictions for two segments of Kilohana Street that intersect with Ailina Street and Sunset Drive. Reference: Comm. 704 Intr. by: Ms. Lee Loy (B/R) First Reading: February 21, 2024 Motion to Approve: Ms. Lee Loy moved to pass Bill 130 on second and final reading. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Lee Loy? All right. Seeing no comments oh, Vice Chair Inaba. MR. INABA: There was some testimony regarding this bill, and I just wanted to point out there have been bills introduced, by request, limiting parking on certain streets and roads in the County. But I want to thank DPW (Department of Public Works) for providing good maps, and the body is reviewing and checking street imagery. In certain cases like this, there really is no parking to be had anyway. We'd be blocking the right-of-way. So, wanting to just recognize that and that we're not trying to restrict any parking, especially near walking paths or parks. Thank you. CHR. KIMBALL: Thank you, Vice Chair Inaba. Anyone else? Seeing none, all those in favor please say "aye." Page 56 Hawaii County Council-33 March 6,2024 Vote on Bill 130: The motion to pass Bill 130 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Bill 131: AMENDS ORDINANCE NO. 23-51, AS AMENDED, RELATING TO PUBLIC (Draft 2) IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2023 TO JUNE 30, 2024 Adds the Public Works Puna Alternate Routes Study —County Project ($1,000,000); and the Puna Alternate Routes Study—State Project($1,000,000)to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or other Sources ($1,000,000) and State Grants Receivable ($1,000,000), to identify alternate routes to relieve traffic congestion and increase evacuation capacity, if needed. Reference: Comm. 715.2 Intr. by: Ms. Kierkiewicz First Reading: February 21, 2024 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Motion to Approve: Ms. Kierkiewicz moved to pass Bill 131, Draft 2, on second and final reading. Seconded by Mr. Kaneali`i- Kleinfelder. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Our community has spoken. They spoke through Bill 107. They spoke through Bill 131. "Help us. We're looking for help." And a professional study is something that this community needs. There are a lot of different maps and lines on paper that say where roads could go, but a professional study will really help us to identify what is actually feasible. I think through this process we really want to understand where are Puna residents going. Not just to Hilo, but they might be going to West Hawaii. And when we understand where traffic is flowing, that will help Public Works better plan for where these alternate routes should be placed and the landowners that they need to be connecting with to ensure that this is something we could move forward with. Page 57 Hawaii County Council-33 March 6,2024 Puna has faced a number of challenges because of how those subdivisions were originally set up. And the fact of the matter is that it's really lacking in transportation infrastructure. This study would provide that comprehensive examination to identify viable options. We addressed concerns that were raised by the homestead community through Resolution 416-24, and we have heard numerous times, on record, various meetings that Public Works leadership recognizes and acknowledges and would adhere to homestead communities being off the table for any type of Puna alternate route connectivity. Please support this reso (resolution). Please support our community. It would not just improve connectivity, but just really do everything possible to ensure that we have enhanced quality of life for our Puna residents. This study would also provide us the opportunity to potentially tee up more funding that's available at the State and the Federal levels. So please support this. And, in closing, I just want to mahalo nui Representative Chris Todd, House Transportation Committee, Department of Transportation Director Ed Sniffen for working with our office to make sure that this is going to work. And thank you so much to Deputy Kekai who is here, as well as Director Pause, for all of the support that Public Works had provided through this process. Thank you, Chair, I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I'll be supporting this. This is great. I like how you've opened up the scope because that was one of my original frustrations, and addressed and done. So thank you. I had a moment Friday night. I woke up at 3:45 in the morning, and I couldn't fall asleep because all I could think about were three things, one of which was alternate routes. And I had this moment of recognizing that our Fire Department and our Police Department have to be entangled into this conversation. And long story short, I wrote an email about 4:15 that morning to the two chiefs. I said, "You guys have got to be ready to have input," and that really goes for any department, but the reason being is whatever we do, whatever the study finds, we have to focus on, like you said, Ms. Kierkiewicz, where are people moving, where they're going. But even more so, without, as Mr. Eaglin keeps saying, a hospital in Puna, we need to be able to get our folks in our district, which for me is Kalapana to Kea`au to Volcano, to and from services, hospital. And I just couldn't express that enough, quickly, at 4:15 in the morning to our two chiefs: You guys have got to think. When people are having an emergency, how do we get them back to a Page 58 Hawaii County Council-33 March 6,2024 hospital in the quickest amount of time to save lives? That really—it just was absolutely apparent. Only one piece of the pie, but it just was a weird revelation I had at 3:15 in the morning. So, with that said, the study is beautiful because it allows for the conversation. It allows for community to get involved: If they don't like where it's being planned, if they love where it's being planned, why they think it's important. And that's the beauty in this. So, very well done. Thank you for kind of saving that funding source from disappearing. I know Mr. Ilagan was upset with some of the decisions that were made, but ultimately, here we are moving forward in the same motion. And I cannot stress it enough: 20 years of funding that had been applied and applied and applied, and we don't have an alternate route yet. So the potential of this is huge for our district. So I'll very much be supporting this. Thank you for working with us, to our Public Works staff and our administrators. And thank you to Ms. Kierkiewicz for bringing this forward and getting this done. I yield. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Do we want to know what the other two things are that you were thinking about at 3:45 in the morning? I just needed to know, but no. MR. KANEALI`I-KLEINFELDER: It wasn't anything bad, let's just say that. It was good things, all County-related. CHR. KIMBALL: Good. Okay. Council Member Lee Loy. MS. LEE LOY: Thank you and thank you to Ms. Kierkiewicz. My community, the homestead community, really came out in force about this funding. And oftentimes throughout the conversation, it just had to be reduced down to what it's about. And now that the dust has settled and this is available to us and we're looking at opportunities, not only just makai but all the reasons that you articulated as far as health care and other goods and services that I have strongly supported for a very long time, that needs to happen in Puna. And our kupuna in the homestead says Puna needs to stop being a bedroom community and become a standalone community. I want to share that so many people from the homestead have come to me and said, "Sue, the study, we need it." And I wanted to convey that to you, Ms. Kierkiewicz, because I think, as we were going through it, there's just all this energy that comes out, and we miss what this really was about. And so thank you for just continuing to persevere to make sure that this money happens because our Native Hawaiian community will benefit, too, from the study, not only because of the family and the family connections that we have all the way down into Maku`u, but other economic opportunities that so many people can take advantage of through the study. So thank you. In strong support. I yield. Page 59 Hawaii County Council-33 March 6,2024 CHR. KIMBALL: Thank you, Council Member Lee Loy. Anyone else? All right. With that, all those in favor of adopting Bill 131, Draft 2, at second and final reading,please say "aye." Vote on Bill 131: The motion to pass Bill 131, Draft 2, on second and final Draft 2 reading was carried by the following voice vote: (Adopted) Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (Note: Items in this category were taken up previously, out of order.) REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: Comm. 747: BLAKE DAY V. COUNTY OF HAWAII; CV 23-00576 LEK-RT From Deputy Corporation Counsel Steven K. Idemoto, dated February 15, 2024, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including settlement discussion. Motion to Close Mr. Inaba moved to close file on Comm. 747. Seconded by File: Ms. Lee Loy. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: Thank you. In reading through the confidential packet, I, myself, don't feel the need to go into Executive Session and am ready to vote in support. Thank you. CHR. KIMBALL: Thank you, Council Member. Anyone else on the need to go into Executive Session? Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I concur with Mr. Inaba. I do not feel the need to go into Executive Session. CHR. KIMBALL: Thank you. Anyone else? All right, can I get a motion to accept the recommendation from Corporation Counsel? Page 60 Hawaii County Council-33 March 6,2024 Vote on Motion to Mr. Inaba moved to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 747. Seconded by (Approved) Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Vote on Comm. 747: The motion to close file on Comm. 747 was carried by the Filed following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Vote on Motion to Ms. Lee Loy moved to remove Res. 441-24 from the table. Remove from Table: Seconded by Mr. Inaba and carried by the following voice (Approved) vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Motion to Amend: Ms. Lee Loy moved to amend Res. 441-24 with the contents of Comm. 732.4. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Lee Loy. MS. LEE LOY: Yeah, and maybe we could have Corporation Counsel come forward. What I really like about this amendment and why I will be supporting, it really not only does the track changes, but it clearly provides transparency. So when anybody comes back and takes a look at how we executed the resolution and then the consent, they're going to see the resolution. They're going to see this communication. They're going to see the track changes. But also there's a clear delineation of it going from Attachment A to Attachment A-1, and I'll let Page 61 Hawaii County Council-33 March 6,2024 Corporation Counsel kind of express how that works so that we're not actually changing anything, right. We're just taking what the government is giving us and putting it all together. But that's where I stand on this. I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. We had been coordinating with Environmental Management, and I think there might have been a little bit of miscommunication here. I'm obviously going to be supportive of this. One of the things that we had brought up during the Committee session was that there are so many different reporting requirements to the EPA over potentially more than like a decade. And so we won't be here. New administration. But want to make sure that what is being authorized here today isn't forgotten by future councils. And so we were requesting that subsequent reports be shared with the council that is seated at the time and that they be filed concurrently with what is being submitted to the EPA. There's language here that we had originally proposed but then was refined by LRB (Legislative Research Branch). Sorry if you guys thought that you were going to be filing that, but our office was taking care of it. I'm fine with the language that's here. It's clear to me. But LRB offered something that was a lot more clear, and so again, I'm fine either way. Happy to move this forward, but we already had filed something that I think Corp. (Corporation) Counsel Strance and Ramzi Mansour had signed off on. So just want to put it out there. Fully support this but also we had filed something. I think, Diana, you were copied on that email. Thank you. Okay. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Did you want to add anything before we had any further discussion? (Note: At this time, Deputy Corporation Counsel Section Chief Diana Mellon-Lacey came forward to address the members of the Council.) MS. MELLON-LACEY: Diana Mellon-Lacey, Deputy Corporation Counsel. Only to clarify any questions because EPA did provide the documents that are attached now to what you've received. CHR. KIMBALL: Thank you. Any further comments? MR. INABA: Chair? CHR. KIMBALL: Yes, go ahead, Council Member. Page 62 Hawaii County Council-33 March 6,2024 MR. INABA: Just wanting to make sure. It looks like this document has tracked change, which is not in the format we usually get it in. For(Subsection) d, for example, the part that was stricken regarding public comment—sorry, we just got it so I didn't have a lot of time to read through it. We're getting rid of—we're amending the resolution with respect to Attachment A-1, Appendix 1. MS. MELLON-LACEY: Yes. MR. INABA: So we already have, in the current resolution, an Attachment A, and we also have an Attachment 1, right? MS. MELLON-LACEY: Correct. The Attachment 1 was, I believe, the Appendix. Correct? I'm sorry, I don't have your packet. MR. INABA: Okay, so Attachment A becomes Attachment A-1, and then Appendix 1 is contained within Attachment A-1. Is that right? MS. MELLON-LACEY: Yes, that's my understanding. MR. INABA: Okay. Mr. Clerk,just in terms of how things are provided for the Ramseyer format? MR. HENRICKS: So there actually is no Ramseyer format. What I'm looking at here, it seems complete to me. The communication makes it clear that there will be no more Attachment A on the Draft 2. It will be labeled "Attachment A-1"to delineate it from the first attachment, which I think is very good. And then all interior references to Attachment A will be converted to A-1 so that those align. Then there's the recitation that Ms. Kierkiewicz provided that's unrelated. And then when you're looking at the attached pages, I think that is just to show the Council and anybody in the future what the changes are. And then what we have after those is the clean version of the resolution, how it would appear if amended, and then also the "clean version" of Attachment A-1 with those revisions applied without any indications, which is better because you want that A-1 moving forward to be a clean document. So, essentially, what this does is it provides the version of the order and consent that the EPA has agreed to and would prefer. And as far as the process to amend this resolution to accomplish that, it looks good to me. MR. INABA: Okay. I'll read a little bit more. Thank you, Chair. CHR. KIMBALL: Thank you, Vice Chair. Anyone else? Go ahead, Council Member Kaneali`i-Kleinfelder. Page 63 Hawaii County Council-33 March 6,2024 MR. KANEALI`I-KLEINFELDER: Thank you for taking care of these changes and coming back to us today. MS. MELLON-LACEY: Sorry that they had to be made. MR. KANEALI`I-KLEINFELDER: Nope, that's how it works. Thank you. MS. MELLON-LACEY: You're welcome. CHR. KIMBALL: Thank you. All right, we will proceed with the vote, then, on the motion to amend Resolution 441-24 with the contents of Communication 732.4. All those in favor, please say "aye." Vote on Motion to The motion to amend Res. 441-24 with the contents of Amend: Comm. 732.4 was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. MS. MELLON-LACEY: Excuse me, Chair Kimball, but I believe that you have to suspend the rules to consider an amendment. CHR. KIMBALL: No, actually, the rules would require us to suspend the rules if we wanted to continue the conversation around the adoption of the resolution itself because it has now been amended. Our rules would require us to hold it over. Vote on Motion to Mr. Inaba moved to suspend Council Rule 23 to waive the Suspend Council holdover for the substantive amendment of Res. 441-24. Rules: Seconded by Mr. Kaneali`i-Kleinfelder and carried by the (Approved) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Lee Loy —2. Excused: None. CHR. KIMBALL: We are back to the main motion. MR. KANEALI`I-KLEINFELDER: Chair, I have a question. Page 64 Hawaii County Council-33 March 6,2024 CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. I believe there's a request by the department to waive the five-day hold, but I believe we also have a Council rule that— CHR. hatCHR. KIMBALL: That's correct. If the vote is unanimous in support, there is no five-day hold. MR. KANEALI`I-KLEINFELDER: Is that correct? Am I right about that or is it a different resolution? MS. MELLON-LACEY: That's my understanding. MR. KANEALI`I-KLEINFELDER: Okay, thank you. CHR. KIMBALL: All right, we are back to the main resolution, as amended. All those in favor? Vote on Res. 441-24: The motion to adopt Res. 441-24, as amended to Draft 2, Draft 2 and Governmental Operations and External Affairs (Adopted) Committee Report No. 111 was carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball –7. Noes: None. Absent: Council Members Galimba and Lee Loy –2. Excused: None. 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.) Page 65 Hawai`i County Council-33 March 6,2024 ADJOURN- There being no further business, Chair Kimball adjourned the meeting at 1:09 p.m. MENT: Council Approval: MAY o 1 2024 COuC ,\ JH/dg Page 66