Loading...
HomeMy WebLinkAboutMIN COUNCIL 2024-04-17 2022-2024 Hawaii County Council 361h Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii April 17, 2024 INVOCATION: Pastor Zac of Oasis Church gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:01 a.m., in the Council Chambers, Kailua-Kona, by Ms. Heather L. Kimball, Chair. ROLL CALL: Present: Ms. Heather L. Kimball, Chair Ms. Cindy Evans, Member Ms. Michelle M. Galimba, Member Ms. Jenn Kagiwada, Member (via videoconference from Hilo) Mr. Matt Kaneali`i-Kleinfelder, Member (via videoconference from Hilo; came in later) Ms. Rebecca Villegas, Member Absent& Excused: Mr. Holeka Goro Inaba, Vice Chair Ms. Ashley L. Kierkiewicz, Member Ms. Susan L. K. Lee Loy, 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, Ms. Evans presented Certificates of Merit to members of the EXPRESSIONS OF Kohala High School Boys Basketball team, the 2024 Hawaii High School CONDOLENCE: Athletic Association District II State champions.) 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: Hawaii County Council-36 April 17,2024 The following individuals registered to speak and came forward when called by the Chair: Sylvia Dolena: Bill 139, Draft 2 (Comm. 763.11), in support. (representing Aloha Animal Advocates) Kawehi Young: Res. 484-24 (Comm. 812), in support. (representing Big Island (See Comm. 812.1) Invasive Species Committee) Leila Kealoha: Res. 483-24 (Comm. 810); and (representing P6haku Res. 484-24 (Comm. 812), in support. Pelemaka) Catherine Coatney: Res. 442-24 (Comm. 742), in opposition. (representing Bougainvillea Plaza) MR. KANEALI`I-KLEINFELDER: Chair, can I offer something for the testifier in Kona? CHR. KIMBALL: No, Mr. Kaneali`i-Kleinfelder. We're going to move on with the agenda. I have made my decision. Thank you. Point of Information: MR. KANEALI`I-KLEINFELDER: Okay. A point of information, then, Madam Chair. CHR. KIMBALL: Yes, a point of information. MR. KANEALI`I-KLEINFELDER: Thank you. We can ask questions of anyone in the audience who are testifying, as the Council, in simple yes or no terms. And we do have the option to request more information, from anyone on the Council, who are providing testimony during the time of the measure as well. CHR. KIMBALL: Thank you. MR. KANEALI`I-KLEINFELDER: So that is an option for the person in Kona. CHR. KIMBALL: Thank you for that, Mr. Kaneali`i-KI einfelder. All right, we will move on. 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 2 Hawaii County Council-36 April 17,2024 GOEAC-123 NOMINATION OF EMILY TAAROA TO THE WATER BOARD (Comm. 782): Requires Council Confirmation by: April 25, 2024 (Section 13-4(k), Hawaii County Charter) Vote on Mr. Kaneali`i-Kleinfelder moved to adopt Governmental GOEAC-123: Operations and External Affairs Committee Report (Adopted) No. 123. Seconded by Ms. Kagiwada and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Villegas, and Chair Kimball —6. Noes: None. Absent: Council Members Inaba, Kierkiewicz, and Lee Loy —3. Excused: None. (Council Member Kaneali`i-Kleinfelder stated that Ms. Taaroa was in the process of seeing if she could attend the Ka Huli Ao Native Hawaiian Law Training, which Mr. Inaba inquired about previously.) GOEAC-124 NOMINATION OF MARK DAVIS TO THE TAX BOARD OF REVIEW (Comm. 783): Requires Council Confirmation by: April 26, 2024 (Section 13-4(k), Hawaii County Charter) Vote on Ms. Galimba moved to adopt Governmental Operations GOEAC-124: and External Affairs Committee Report No. 124. Seconded (Adopted) by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Villegas, and Chair Kimball —6. Noes: None. Absent: Council Members Inaba, Kierkiewicz, and Lee Loy —3. Excused: None. (Council Member Villegas expressed her gratitude for Mr. Davis' willingness to serve and spoke in favor of his appointment. Chair Kimball thanked Mr. Davis.) Return to Order The Chair directed the Council to return to the order of business. of Business: Page 3 Hawaii County Council-36 April 17,2024 APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Chair Kimball announced that the Minutes of February 21, 2024, were approved. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 442-24: AUTHORIZES THE ACCEPTANCE OF A QUITCLAIM OF REAL PROPERTY, DESCRIBED AS REMNANT ROAD RESERVE, PARCEL A, BEING A PORTION OF TAX MAP KEY NO. 7-5-006-034 AND CONTAINING AN AREA OF 1,794 SQUARE FEET, SITUATED AT LANIHAU 2ND, KAILUA, NORTH KONA, ISLAND OF HAWAII, FROM THE STATE OF HAWAII, BY ITS BOARD OF LAND AND NATURAL RESOURCES The County seeks to utilize the parcel for public parking. Reference: Comm. 742 Intr. by: Mr. Inaba(B/R) Approve: LAAC-52 Postponed: March 20, 2024 (Note: There is a motion by Mr. Inaba, seconded by Ms. Villegas, to adopt Res. 442-24.) MS. VILLEGAS: At this time, I would love to invite Judge Strance and Director Pause to give us a little more insight. We've had some offline conversations, received some interesting information and legal documents from the property owners. And so, grateful to have you guys here with some recommendations of how to move forward. (Note: At this time, Corporation Counsel Elizabeth Strance and Public Works Director Stephen Pause came forward to address the members of the Council.) MS. STRANCE: Thank you. Elizabeth Strance, Corporation Counsel. MR. PAUSE: Steve Pause, Director of Public Works. MS. STRANCE: Council, we're going to be asking for one more continuance on hearing this matter. I can give you an update of what we've been able to find to date. The State had granted the property owner basically temporary permits. They were revocable permits that were issued on a one-year basis and then became month-to-month tenancies. And as best as we've been able to determine, that has extended for a number of years. The current owners of the property have been paying real property taxes on the property over that period of time. Page 4 Hawaii County Council-36 April 17,2024 The reason that we're asking for extra time is that there's also some indication that a number of years ago, back in the 1960s, there was some indication that the property was actually owned by the County, and that the genesis of this resolution is to really correct the title matter. But the reason for the request for more time is that I'm having a hard time reconciling the time frames. So in 1960 is when the discussion with the State was held about whether the County actually owned that remnant. But the revocable permits were issued after that. And so there's a disconnect in my view of what transpired around the time that the revocable permits were issued. Regardless, it doesn't appear that the State gave notice of terminating the revocable permit, which is, I think,part of the source of the frustration expressed by the testifiers. But, at the same time, the State hasn't listed this permit on its record for at least several years. So there's someI'd like to be able to work through the time line a little bit better because these parking stalls appear to have been used as private permitted stalls for a long period of time, which raises questions about its utility to the County should the County take or resume ownership. And so I think those issues need to get sorted a little bit better and more clearly before there is a vote on this resolution. I don't know if you have anything to add, Steve. MR. PAUSE: No, that's very clear. I think the only thing I would add is I think we're speaking about the lessees, correct, the folks that have the lease with DLNR (Department of Land and Natural Resources) with the State. They don't own the parking spaces. They own the building and they've been leasing the parking spaces. MS. STRANCE: They've had a revocable permit, and that was a month-to-month revocable permit. MR. PAUSE: Right. And again, I think the request is really based—we'll continue to try to sort through things here. If need be, we can even get DLNR to come with us next time when we have this discussion to help fill in some blanks. But hopefully we can do that between now and then as well. So thank you. MS. VILLEGAS: Thank you so much for doing the history and research that you've done into finding the necessary documents. We're at such a time in our village when parking is at a high premium and a very high concern, but we are also at a pivotal time in our village for small businesses that operate in some of the privately-owned buildings there and their need for parking. And so there's a keen balance somehow here. And in the utmost of caution and not wanting the County to end up in some kind of an even more complex situation, that the benefits don't outweigh the risks at this point, I think it is wisest that we postpone this once again and allow you the opportunity to do a little more research and get to the bottom of this. And Page 5 Hawaii County Council-36 April 17,2024 hopefully that provides some comfort to the property owner, that the intentionality of working through this as a community and with consortium of State and County is to get us to the highest, best possible place that we need to get to. So that's what I'll be hoping to try and help coordinate and collaborate so that we get the best answers and get to the highest, best outcome for everybody involved and our community as a whole. So I guess Ms. Evans has something to ask, but when we're done with the discussion, then I will be putting forth a motion for postponement. CHR. KIMBALL: Great. Thank you, Council Member Villegas. Council Member Evans. MS. EVANS: Thank you. This month to month was a habit of Department of Land and Natural Resources. They've done it on State land forever, years and years and years. And the State Legislature constantly was hearing from lessees how it was creating this environment of uncertainty, but it was just the way they did it. They didn't like to do leases, and they just liked these permits. It was a habit. It was a process, something they created year after year. I don't think people really liked it, but it's just the way they did business. So I just wanted to point that out. I mean, people have always said, "Why in the world do they do these permits? It doesn't make sense to people." But they did and it's unfortunate. Again, it creates uncertainty. But I think what's more interesting to me is the comment from the testifier who commented that when the building was built, there was a requirement to get the parking and to lease the parking, which kind of impliesI wanted to ask the testifier, was it with the County? Did your father have to do this with the County, get the parking? Or do you think he had to do it with the State? Do you have any indication? You can come up and answer. MS. COATNEY (from audience): (Inaudible.) MS. EVANS: Yeah, leasing of the CHR. KIMBALL: You'll have to come up to the mic so that the folks in Hilo can hear your response to the question,please. MS. EVANS: Yeah,please. MS. COATNEY (from audience): (Inaudible.) MS. EVANS: Please. Please. (Note: At this time, Catherine Coatney, representing Bougainvillea Plaza, came forward to address the members of the Council.) Page 6 Hawaii County Council-36 April 17,2024 MS. COATNEY: What I'm only hearing is about half of what you're saying because it sounds muffled. MS. EVANS: The problem with this room is we do have some acoustics problems, so we'll try. You may have to speak up a little louder. MS. COATNEY: Okay. And I apologize to you, Mr. Clerk. And your question was? MS. EVANS: You had mentioned that when the building was built, that there was a requirement to get the parking. Do you know if that parking was with the County? Did you enter into an agreement with the County? MS. COATNEY: We leased that from the State from natural land MS. EVANS: Department of Land and Natural Resources. MS. COATNEY: And that's where I pay MS. EVANS: And the County told you you had to get— MS. etMS. COATNEY: Yes. MS. EVANS: You had to get the parking to be able to get your building permit. MS. COATNEY: In order to have the building permits for the building to go up, approvals. MS. EVANS: Okay. I think that's important to know. I don't know if you have anything in writing that says that, but it would be great for you to have that in writing that it was a requirement. MS. COATNEY: I will look at it. It's been 34 years ago. MS. EVANS: Okay. MS. COATNEY: Just to let you know, that was not our first choice, to lease that. Our first choice was to purchase the property across Kuakini Highway that faces Bougainvillea Plaza and the County parking lot. We proposed to the County that we purchase ourselves that lot, build a parking lot,which my dad was a concrete contractor—so he was fully capable of doing that—donating half of the parking to the County and taking half of the parking for Bougainvillea Plaza for our tenants, building a pedestrian overhead ramp to connect it with the County parking lot. And we were paying for it all. We were told that it wasn't necessary. They didn't need the parking. They had plans to increase the parking. That was 34 years ago. Nothing happened. Page 7 Hawaii County Council-36 April 17,2024 So what we did, in order to get the approvals, we had to find more parking for the building. We found the land and they approved us to lease that land. We've been doing it in order to get the approvals for the building. That parking is used by all of our service people. We have nine companies: for the elevator, for air conditioning, roofing, electrical. Everything uses that. They cannot park in the County parking lot and then tote all their equipment to the building in order to service the building. We keep that building pristine. We keep the six parking stalls pristine. CHR. KIMBALL: I want to stay on topic. You've answered Council Member Evans' question. MS. EVANS: Thank you. You did, yeah. So we have to CHR. KIMBALL: So unless you have further questions from MS. EVANS: Yeah, it's question and answer. Thank you. Thank you very much. I think it's important to know what that agreement was 34 years ago. So, if you have any paperwork or anything, I think it'd be great. MS. COATNEY: Do you have that? I would assume that that was necessary now to have a certain amount of parking for a building or apartment. MS. EVANS: I don't know but we're getting off topic. CHR. KIMBALL: Yes. We're straying off topic and I think that that is something MS. EVANS: Sorry. We have to do—it's question and answer. Sorry. CHR. KIMBALL: Yeah, this is not a time for a dialogue. MS. EVANS: Yeah, it's question and answer. Thank you. I yield. CHR. KIMBALL: Do we have any comments or questions on the matter from folks in Hilo? MR. KANEALI`I-KLEINFELDER: I do. I have one question, please. CHR. KIMBALL: Yes, go ahead, Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: It could lead to further questions, though. That is how it works. CHR. KIMBALL: Understood, Mr. Kaneali`i-Kleinfelder, as long as you keep to your five minutes. Page 8 Hawaii County Council-36 April 17,2024 MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Just to Betsy. Betsy, so you're saying that the ownership issue has yet to be resolved between the State and/or the County? Is that correct? MS. STRANCE: I'm saying I'd like to do a little bit more research to provide this body with context because it just doesn't make sense to me, with the information that I've been provided. I know that the revocable permit that is currently in existence is the second revocable permit for those parking stalls. But I would like to take a look through the Planning files in light of testimony that's been held, and then just a little bit more context. If you look at the map that's attached to your resolution, there's the Lot 34, which is at issue. And then there's another strip. I think to fully understand the history of these parking stalls requires a little bit more understanding of the history of that other strip. And so it's not a matter of just looking at the history of one parcel, but possibly looking at the history of two parcels. But, regardless, I just felt that it was important that, given the testimony that you have been hearing, that this body have a better understanding of the history of this lot and whether there would be a legal necessity for the County to take formal ownership of it before you voted. MR. KANEALI`I-KLEINFELDER: Okay. I appreciate that. And then for the testifier, I would heavily suggest finding any and all paperwork you have for any revocable permits—how do you say it? Revocable. Revocable permits—and/or original agreements with the State, as Ms. Evans suggested. We're in an interesting situation. I yield, Chair. Thank you. CHR. KIMBALL: Thank you, Council Member. MS. STRANCE: May I? CHR. KIMBALL: Go ahead, Counsel. MS. STRANCE: Council Member, we do have a copy of the most recent revocable permit that was provided by the permittees to Council Member Villegas. So we do have some of the paperwork. MR. KANEALI`I-KLEINFELDER: Thank you, Ms. Strance. MR. PAUSE: And if I may add, this is Director Pause, we've dedicated resources. We've had our engineering chief looking at this and our Deputy Director, who happens to be an attorney as well, trying to sort through this with our friends from DLNR. So there's been an effort put in. But, as Judge Strance says, we've got a little bit more work to do here. Page 9 Hawaii County Council-36 April 17,2024 CHR. KIMBALL: All right. Are you all set, Mr. Kaneali`i-Kleinfelder? All right, great. Any other comments? Before the motion to postpone, is one meeting interval enough, or do you want a little more time? The next Council meeting will be May 1st MS. STRANCE: If we could set it out one more cycle, that would be best since I'm going to be out of town for part of that time. CHR. KIMBALL: Okay, so that, yeah, May 15th I think that is. Okay. Council Member Villegas. Vote on Motion to Ms. Villegas moved to postpone Res. 442-24 to May 15, Postpone: 2024. Seconded by Ms. Galimba and carried by the (Approved) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Villegas, and Chair Kimball —6. Noes: None. Absent: Council Members Inaba, Kierkiewicz, and Lee Loy —3. Excused: None. CHR. KIMBALL: Thank you both and you'll have an opportunity to testify again on that meeting on May 15th. And we do have a Zoom option available where May 15th, 9 a.m., we will have the next. It'll be in Hilo but you can testify from this location. You're welcome. Res. 464-24: ADOPTS THE 2024 COUNTY OF HAWAII ANNUAL ACTION PLAN FOR THE COUNTY OF HAWAII COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS, AND HOUSING TRUST FUND PROGRAMS AND AUTHORIZES THE MAYOR OF THE COUNTY OF HAWAII TO EXECUTE AND SUBMIT THE ACTION PLAN AND ALL OTHER RELATED DOCUMENTS TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT The 2024 County of Hawaii Annual Action Plan describes the projects and activities that will be executed by the County to provide decent housing, suitable and safe living environments, and create affordable housing for low-income households. Reference: Comm. 784 Intr. by: Ms. Evans (B/R) Approve: GOEAC-125 Page 10 Hawaii County Council-36 April 17,2024 Motion to Approve: Ms. Evans moved to adopt Res. 464-24 and Governmental Operations and External Affairs Committee Report No. 125. Seconded by Ms. Villegas. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. I ask for Council's support. This is the 2024 County Annual Action Plan. It describes projects/activities, which will be executed by the County to provide housing for low-income households. I think it's self- explanatory. I don't know. I think it's good that we get this out. Thank you. I yield. CHR. KIMBALL: Thanks, Council Member Evans. We may have specialist Royce Shiroma on line if there are any questions for Housing. Any other comments or questions? Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I do have a question and I don't know if this fits, but yeah, if can. Royce is here today. (Note: At this time, Housing and Community Development Specialist Royce Shiroma came forward to address the members of the Council.) MR. KANEALI`I-KLEINFELDER: Thank you, Mr. Shiroma, for being here in Hilo. If this doesn't fit, you can stop me, but everyone's been showing me this video about this discussion happening in some meeting regarding folks with Section 8 being able to apply towards homeownership for Hawaiian Homes. It's been going all over social media and Facebook and I keep watching and wondering "What is this" and if there's truth to it. But if it doesn't fit, I'll follow up with someone else, but if it does fit the discussion—have you seen it? Have you seen this at all? MR. SHIROMA: No. Royce Shiroma, Office of Housing and Community Development. No, I haven't seen it and it doesn't apply to our program because it's the Section 8 program, I would assume, and DHHL (Department of Hawaiian Home Lands). MR. KANEALI`I-KLEINFELDER: Thank you. I do have one more question for you. If, in this plan, we decided that it wasn't something we liked, could we just scratch it out? Or will that send you back to the drawing board completely? MR. SHIROMA: Yes. If it was something that you guys changed in there, because we selected those projects and based on the ranking through an RFP (request for proposal)process, it may force us to re-RFP the whole entire program and start from scratch again. Page 11 Hawaii County Council-36 April 17,2024 MR. KANEALII-KLEINFELDER: Okay. But that option is there for the Council? MR. SHIROMA: It can. Normally, in the history, we haven't because I think it was just more allowing the Council to approve the Mayor to enter into agreement with HUD (United States Department of Housing and Urban Development), and it was going through the resolution as a method of procedure. MR. KANEALII-KLEINFELDER: Okay. Thank you, Royce. MR. SHIROMA: Thank you. MR. KANEALII-KLEINFELDER: I yield, Chair. CHR. KIMBALL: Thank you, Council Member. Anyone else? Okay, motion on the floor to approve Resolution 464-24, all those in favor please say "aye." Vote on Res. 464-24: The motion to adopt Res. 464-24 and Governmental (Adopted) Operations and External Affairs Committee Report No. 125 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Villegas, and Chair Kimball —6. Noes: None. Absent: Council Members Inaba, Kierkiewicz, and Lee Loy —3. Excused: None. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order: Res. 485-24: AUTHORIZES THE MAYOR TO ENTER INTO A ONE-YEAR INTERGOVERNMENTAL AGREEMENT WITH THE UNIVERSITY OF HAWAII AND THE STATE OF HAWAII FOR A RADIO REPEATER SITE Authorizes the Mayor to enter into an agreement to install an amateur radio repeater on the summit of Mauna Kea for the purpose of an island-wide community emergency radio communications network to facilitate the Hawaii County Auxiliary Communications Service. Reference: Comm. 813 Intr. by: Ms. Kimball (B/R) Waived: GOEAC Page 12 Hawaii County Council-36 April 17,2024 (Note: Comm. 813.1, from Civil Defense Administrative Officer William `Bill" Hanson dated April 17, 2024, transmitting a PowerPoint presentation, was circulated.) Motion to Approve: Ms. Galimba moved to adopt Res. 485-24. Seconded by Ms. Villegas. CHR. KIMBALL: We have Administrator Magno and Corporation Counsel Frenz in the Hilo chambers to share with you what's going on with this. This was a time-critical resolution. (Note: At this time, Civil Defense Administrator Talmadge Magno and Civil Defense Administrative Officer William Hanson came forward to address the members of the Council.) MR. MAGNO: Good morning, Council. Talmadge Magno, Hawaii County Civil Defense Administrator. I also have with me Bill Hanson, Civil Defense Administrative Officer. I'll start and then turn it over to him, but I wanted to mahalo the Council for hearing us and giving us this opportunity this morning. Federal Emergency Management Administration has five mission areas: prevention and protection, mitigation, response, and recovery. Communication is critical in all those five mission areas. What we're proposing covers each of those five mission areas, but is critical to the response and recovery portion of it in building redundancy and adding more resiliency to our communications capacity, especially during emergencies. What this will allow us to maintain is community situational awareness during times of emergencies. The redundancy adds communication beyond what the County owns in our land mobile radio network beyond the cell providers, the commercial communication facilities, that are out there. So I'll turn it over to Bill Hanson, and he'll explain what the amateur radio brings to us to support Civil Defense and the County's emergency responses. MR. HANSON: Thank you, Talmadge. Aloha, Council. Appreciate you being here and us being here and being able to talk about this repeater. So my name's Bill Hanson. I'm an Administrative Officer at Civil Defense. There has existed for over 20 years an amateur radio repeater on Mauna Kea at the 1­16ku Ke`a support building, which is a concrete block building near the summit area. The support building and the existing repeater is scheduled to begin deconstruction and removal starting next week. As the support building and the existing repeater are removed, it leaves a gap in repeater coverage. A repeater is a communications equipment that provides a means for two-way radios to talk to each other from a location that can be seen by the repeater. Page 13 Hawaii County Council-36 April 17,2024 In the County Charter and HRS 127A (Hawai`i Revised Statutes Section 127A), Civil Defense is charged with protecting life and property on Hawaii Island when hazards occur. Civil Defense sees a great benefit in maintaining an amateur radio repeater on Mauna Kea. The intent of our being here today is to request support for the Civil Defense repeater on Mauna Kea in order to continue to provide coverage across Hawaii County to communities across Hawaii Island for emergency communications for life safety. Due to the possibility of radio interference, this repeater will only be operational for scheduled testing and for natural hazards that may threaten our communities. (Note: At this time, Mr. Hanson provided a PowerPoint presentation to the members of the Council. For viewing of the subject presentation, see the DVD copy of the meeting proceedings on file in the Clerk's Office or navigate to the Council's video archives from the County's homepage at www.hawaiicounty.gov. A copy of the PowerPoint presentation is made a part of the record, see Comm. 813.1.) MR. MAGNO: I just wanted to add the University of Hawaii acknowledges the benefits to this unit up there, and we are still kind of working on that agreement, tying up that agreement. So we're at that point that we're coordinating this effort with them. CHR. KIMBALL: All right. Thank you for that presentation. Any questions from my colleagues? Council Member Evans. MS. EVANS: Thank you. I have some concerns and I want to make sure that we're legal, following process. So what you mentioned was that there was a deconstruction of a building, which is now displacing this repeater. And of course, at the time of deconstruction, that was a major issue about getting facilities off the mountain that were no longer being used. But really what that leads to is how do we approve new things on the top of the mountain, and I thought the Mauna Kea stewardship, is that the third word, authority (Mauna Kea Stewardship and Oversight Authority)that was passed by the Hawaii State Legislature has some say now on what is or isn't done on the summit of the mountain. The other part of that is there was a lot of discussion over time, though I kind of lost track of it, about people believing that we weren't getting the appropriate lease rent, and people weren't paying what the true cost is to be on the summit. And there were concerns about that. So it's kind of like where is the authority at in this. And I know the management I just saw a bill at the Legislature the whole management, the Mauna Kea Management(Board) is going to be moved. All the staff is going to be moved into the authority I think. There's a bill trying to get that done. Fifty-six people. I was kind of surprised by that. Page 14 Hawaii County Council-36 April 17,2024 But, anyway, have we verified and made sure that we're meeting all the requirements of what I think is the new oversight of the mountain? Thank you. (Note: At this time, Deputy Corporation Counsel Dakota Frenz came forward to address the members of the Council.) MS. FRENZ: Good morning. Deputy Corporation Counsel Cody Frenz, attorney for Civil Defense. So, Council Member Evans, specific to your question, yes. The stewardship for Mauna Kea, we had been working directly with the counterpart of Talmadge Magno, Administrator Magno, for Mauna Kea. We have been working directly with him as well as the Office of General Counsel, which is the legal counsel and advisor to the authority that's currently making the decisions on behalf of Mauna Kea. So, realistically, to answer your question about whether or not things are being done properly, that's a University of Hawaii question. I can't answer on their behalf because I don't represent them. They are familiar with the laws, regulations, restrictions, and requirements by which they need to decommission and/or do new construction. And they are the ones that need to ensure that that's done properly. So we have been working side by side with them to ensure that our process, if this resolution were to be passed, is in line with what they are required to do. But, ultimately, that is their kuleana, so to speak, to ensure that that's done correctly on their end. MS. EVANS: I'd really like, for me personally, I'd like to know that there's some verification that what we're doing is moving all the—kind of the way we're going to do things differently on top of the summit. You know it's changed quite a bit over the last few years, and I want to make sure we're in alignment with whatever the new requirements are. So I'm feeling a little uncomfortable about moving forward right now on this without really verifying that. The other thing is I don't know why this came to us so quickly as an ask for a waiver to get it on the meeting. What's the time frame and why is it so critical that we push this through? MS. FRENZ: That's a great question. Let me answer that one, but I'll say before that: Only the University of Hawaii is able to verify the information that you are in fact seeking regarding their legal requirements. So, unless you want us to bring in a representative from the University of Hawaii or the Office of General Counsel, only they'd be able to take a legal stance as to that question. As for the rush, the reason why it became such a rush that I had to seek waiver of Committee, we have been working on this project for months. And we have been trying to see whether or not the pieces of the puzzle, so to speak, would line up, Page 15 Hawaii County Council-36 April 17,2024 and that the license agreement that has been provided to all Council Members for review was going to be able to be fine-tuned in a way that was both workable for the State of Hawaii, the University of Hawaii specifically, as well as the County of Hawaii. I have to give a big mahalo to both Civil Defense and the Attorney General's office, the Office of General Counsel for the University of Hawaii because it was a lot of work to try to get this license agreement to a place that was respectful and beneficial to both State and County agencies. That all came to fruition last week Thursday, following lots of hard work with various attorneys in that regard. And we, thereafter, learned Thursday afternoon, which is also the Sunshine Law deadline for posting purposes, that the decommissioning project that Talmadge and Bill Hanson have already referred to was going to occur next week. So, as Talmadge has indicated and Bill has indicated, there is a repeater currently onsite. When the University of Hawai`i's contractors decommission the location that currently has an existing repeater, that repeater will come down. If a repeater does not go back up, we will not have a repeater for emergency management communication purposes, which is potentially extremely problematic for the County of Hawaii, and not something I would be recommending. And because of that, it became kind of a mad dash, quite frankly, but a huge rush to ensure that we could, in order to effectuate all of it, to theoretically have a repeater the authority for Civil Defense to sign a license agreement with the University of Hawaii to put a repeater up there required a waiver of Committee and to come straight to Council. And assuming we don't need to wait five days if it were to pass today, we would squeak in possibly by a day, but maybe the same day where the decommissioning occurs and Civil Defense has the legal authority to sign the license agreement with the University of Hawaii to put up our own repeater site to ensure constant ability to communicate cross island and/or with other jurisdictions, other counties, and the State of Hawaii and HI-EMA (Hawai`i Emergency Management Agency). So it was critical that we not have a break in service, to speak, if that's hopefully that makes sense. It's that break in service we were trying to avoid, and that created the rush, unfortunately. It's not a situation we would ever want to put Council in, Committee in, the County of Hawaii in. But it was sort of a perfect storm of circumstances that resulted in the rush, and that's how we're here today. MS. EVANS: I understand why and I understand the rush, but I don't understand why we didn't see it coming because decommissioning has been asked for for probably over a year. And, of course, contractors, their schedules are always interesting aren't they. They get the contract and then they have reasons to delay. But the thing is, yeah, you said you've been working on this for quite a while. So Page 16 Hawaii County Council-36 April 17,2024 just a question on "quite a while"probably had to do something with who had the authority to sign it? Was it the Mauna Kea Stewardship (and Oversight) Authority or UH (University of Hawai`i)? MS. FRENZ: That was not the legal issue that caused some delay. So we are working directly with Mauna Kea personnel and the Office of General Counsel, which is their legal attorneys. They are a facet of the State of Hawaii, but that's the particular entity that we have been working with. It was fine-tuning the indemnification agreement language that would provide the County and our taxpayers the necessary protections, that we don't overextend ourselves. And it was the fine-tuning of that language that took some time and a lot of back and forth. As you can imagine, working with five to ten people on one project, there is a lot of back and forth, a lot of delay. And unfortunately for us, once we reached an agreement, that was this past Thursday at 2:30 p.m. And that is when I received notice. I received a call indicating `By the way, if you hadn't seen it on the news, the decommissioning is occurring. It was pushed back by a week with their contractors, but that is scheduled and slated to happen." And that's how that rush came about. So we have been working on it for quite some time. Sometimes, it takes a lot of finesse to reach an agreement that all attorneys and parties and jurisdictions will be okay with. And that's why there is a big mahalo to the University for helping us get to where we need to be today in a way that they are also comfortable and agreeable with. But their decommissioning schedule pushed up our time frame once we had an agreement. And it all came to fruition on Thursday afternoon. MS. EVANS: So can you feel comfortable in saying the Mauna Kea stewardship authority has no say in this? MS. FRENZ: That's who we're working with. So Office of General Counsel is their representative, and that's who I've been working with. And the stewardship personnel that are the counterparts of our Civil Defense Administrator is who Talmadge and Bill Hanson have been working with. So that's who we had been working with. MS. EVANS: Okay, so it's been a three way: UH attorneys, the Mauna Kea stewardship authority attorneys, and then the County. MS. FRENZ: So the Office of General Counsel is the stewardship attorney. So we've been working with they represent I can't communicate directly with their client without Council involved, sort of like their counsel shouldn't be conferring with my client without me involved. So that does cause some delay. So Talmadge and his counterpart, through the stewardship, had been in constant Page 17 Hawaii County Council-36 April 17,2024 communication and in work, and then the attorneys were brought in when something was feasible and realistic. And then we had to work on the language for the license agreement. MS. EVANS: Okay, thank you. Thank you, Chair, I yield. CHR. KIMBALL: Thank you, Council Member Evans. Council Member Villegas. MS. VILLEGAS: Thank you, Ms. Frenz, for being here. And thank you for your phone call the other day and running through all the details of this. Any issues, circumstance, opportunity, anything that has to do with Mauna Kea will always be a highly sensitive topic due to a lot of the things that have occurred in the history of management of that area. And thank you to my colleague for your sensitivity in that and asking those questions. But I feel comfortable and confident. I also want to thank you, Talmadge, for bringing the actual piece that would be put up there. And in my humble experience and my own personal sensitivities to what happens at Mauna Kea, I feel like this particular piece doesn't cast harm. This is not a big satellite facility or anything like that. This is actually something that is necessary for the continued health and safety of our community should we have some kind of an emergency, that there is a means for communication in another capacity. I learned a lot about what a repeater means. I think of my grandson, and that's a repeater many times, but this being a more technological piece of information that is necessary to the health and well-being of our community. Thank you for that hustle, finding a way through the legalese and bureaucracy and the politics, and all of the things that I'm sure you had to do in order to ensure that we have what seems to be a simple piece of equipment that is necessary for continued communication should we have a crisis or emergency on-island. So I will be supporting this today. I yield. CHR. KIMBALL: Thank you, Council Member Villegas. We'll go to Council Member Galimba and then check in in Hilo. Council Member Galimba. MS. GALIMBA: Thank you, Chair. So what I'm gathering from the comments is that the urgency here basically is to maintain emergency services with minimal interruption. And that is the motivation for moving this through, so that the community will continue to have all of the emergency communication options that it needs and would want to have. Is that true? MS. FRENZ: That's absolutely accurate. MS. GALIMBA: Okay. Thank you so much. And I really love your suit. Page 18 Hawaii County Council-36 April 17,2024 MS. FRENZ: Thank you. MS. GALIMBA: I yield. CHR. KIMBALL: Thank you, Council Member Galimba. Anybody over there in Hilo? MS. KAGIWADA: Thank you, Chair. Just to reconfirm, this is basically you are replacing a repeater that is being taken down due to the decommissioning. Is that correct? MS. FRENZ: That's correct. And just to clarify a little further, the current repeater that's up there that would be coming down when they decommission is not ours. So we would have to commandeer it during times of emergency. In this case, if this is our County of Hawaii Civil Defense repeater, it would be ours. So it simplified that process as well. MS. KAGIWADA: Okay. But in the past and even now, we've had the ability to use that in times that we might need it. MS. FRENZ: We have to commandeer it. And Bill Hanson has explained to me that it's only there are very specific legal requirements and situations that have to be active in order for us to properly do that. So, with it being ours, it will be a little different. MS. KAGIWADA: Okay. So the only thing I still don't quite understand is if you've been working closely with the folks there, why you didn't know when the decommissioning was going to be happening with a little bit more notice. Not quite understanding why that occurred. MS. FRENZ: So I was not in touch with the University of Hawaii and/or the stewardship program or parties about the decommissioning because we were struggling to fine-tune an agreement just to the legal language for the license agreement. Once that resolved, that's when I got the call. Shortly after fine- tuning that and reaching an agreement, they called to say, `By the way " and it had just run on the news. But that did not affect our time frame if we couldn't have a license agreement we could all legally bind the County to. So, if we couldn't resolve that, the decommissioning wasn't going to affect us, we knew then what the situation would be. And that's why it was such a big lift to make sure we could find legal language we could all agree on because it was such a big pressure, right. We knew that this was going to happen. I didn't have that deadline from them until they called and told me what it was. MS. KAGIWADA: Okay. Mr. Magno, did you know that this decommissioning was going to be happening at this time period? Page 19 Hawaii County Council-36 April 17,2024 MR. MAGNO: We knew there was a decommissioning planned. The timing was getting pushed back, and so that was one aspect of what was going on. But what counsel Frenz is saying is that we were dealing with the university and our agreement, and that was hanging everything up. And so, having everything come together at the same time and trying to meet the deadline for this moving target with the decommission, that kind of—even though we knew the decommission was going to happen at some time,just the nuances of putting together the agreement and when that decommissioning operation was going to happen, that was the difficulty in trying to match that. So, to answer your question, yeah, we knew that the decommissioning was happening but the dates were moving. And so it goes back to settling the agreement first because we couldn't move forward if we didn't have the agreement anyway. MS. KAGIWADA: Okay. I understand the need for this. It makes a lot of sense that we have this in place in case of emergencies. I'm going to be supporting today, but I would just suggest that if anything like this comes up again, we work really hard to make sure that evenI don't know if this could have even been done, but if you could have come to us and say, "We're working on an agreement,"to allow the public to have that extra time for input, I think that's really important. And only in extreme cases would we ever want to not have that happen. So thank you and I'll be supporting today. MS. FRENZ: And just to address that, I do agree and so does Civil Defense. And we appreciate the consideration to even be here before you today. And a big thank you to Chair Kimball in that regard. And this is not how we would normally want to conduct things. And I will say, initially,just as an FYI(for your information)to you, the public, and anybody else who may be listening, the University of Hawaii wanted a ten- year license agreement. So it was supposed to be a resolution for intergovernmental and multi-year. Because of this, it was reduced to a one-year. So I will be back and we will go through the standard process to do, hopefully, maybe a nine-year license agreement sometime prior to the expiration of this one, should it pass today, so we can follow those standard protocols as you indicated. So that will occur. And we do apologize and appreciate everyone's understanding and support in that regard. MS. KAGIWADA: I really appreciate that. Thank you. I yield, Chair. CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Listening to the conversation and appreciating the kind of brief touch basis we did with the Page 20 Hawaii County Council-36 April 17,2024 department and councilor Frenz as well, I think the one question that I have that didn't get answered yet, any needed further infrastructure that's not existing? So, a telecom tower, that's already in place? MR. MAGNO: All the infrastructure that Mr. Hanson showed you, that's all we're going to need. It's basically put in the cabinet and then the mast and the antenna will get mounted to the side, that tall MR. KANEALI`I-KLEINFELDER: Okay. I really do appreciate you bringing it with you. There's nothing better than a visual aid. I mean, an antenna, in my head, it could be anything from a 400-foot antenna to a 5-foot antenna. So that's very helpful. With that in mind, when it's operationalsorry, first question: Is it operational all the time? MR. MAGNO: It will be accessible all the time. But with the agreement, we'll test it once a month for a one-hour period, first Saturday of the month from 12:00 to 1:00. And then, upon the Mayor's emergency proclamation, we will activate it for incidents. MR. KANEALI`I-KLEINFELDER: Okay. What kind of incidents? MR. MAGNO: Disaster—whatever we have to activate the EOC (Emergency Operations Center) and natural disasters, whatever. Basically, what it will enhance is the community's ability to communicate back to Civil Defense or amongst the community. So, if the community's impacted to where communications are needed, situational awareness is needed, those kinds of situations which usually coincides with some kind of disaster. MR. KANEALI`I-KLEINFELDER: Okay. I mean, we had a discussion about changing the agency's name awhile back. I think somewhere in there was actually a definition of civil defense-type incidents. Would it follow that definition? Because, there's some interesting wording in there that we went back and forth on as a body. You remember? MR. MAGNO: I'm not recalling that. MS. FRENZ: I do and yes. MR. KANEALI`I-KLEINFELDER: Yeah? MS. FRENZ: Yes. MR. KANEALI`I-KLEINFELDER: Thank you. And then what is the increase, or is there an increase, in distance or coverage area? I mean, what are we talking Page 21 Hawaii County Council-36 April 17,2024 about? If it's going to be on a building on Mauna Kea, does that equal coverage to all of Hawaii Island? Does it increase coverage to the State? What are we looking at? MR. MAGNO: So I guess the rule of thumb is if you can see the summit, then you'll have access to that repeater. The geographic nature of this island with all of our large mountains kind of creates problems. So the whole back side of Mauna Loa is still not accessible. We'll have to put in additional repeaters. And what we're trying to create here is redundancy outside of our normal corridors. Because if we have these repeaters at our normal sites that we run our land mobile radio and they get taken out, then we lose both systems. So we're trying to build up redundancy. So we've got other sites that will get us around Mauna Loa that will basically build what we call our backbone for this amateur radio network. MR. KANEALI`I-KLEINFELDER: Okay. Okay, that's helpful. I remember in discussion, kind of post what happened in Maui, that some of the issues they were into were the cell phone towers lost power, and they couldn't actually get cell phone signal in and out. That was the problem. So the only thing left that was getting folks information was actually the—like your radio stations because they were broadcasting from a different area but further. So this, to me, falls in line with that same style thinking, is you have a redundant network that's able to transmit information even when other infrastructure types go down. Is that comparable? MR. MAGNO: Exactly. And if you want more data, Mr. Hanson can come up. He can tell you exactly how many amateur radio licenses there are on this island. I think we've got the yeah. MR. KANEALI`I-KLEINFELDER: No, I think it's okay. I mean, I think it's MR. MAGNO: Yeah, it's definitely beneficial for the population to get the information out there. And from there, they share it to our community emergency response teams, which a lot of them are amateur radio operators. And then we have our Vibrant Hawaii hubs that we're trying to bring up to the level of where they are also licensed amateur radio folks. So just trying to connect everybody in the communities. MR. KANEALI`I-KLEINFELDER: Good. I'll be supporting this today. Thank you. Understanding this was waived to Council, but understanding the reason why was very helpful. Thank you. I yield, Chair. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Council Member Evans. Page 22 Hawaii County Council-36 April 17,2024 MS. EVANS: Thank you. Does our Fire Department have something on the top of the summit? Or do you think this is the only repeater that's being used for Civil Defense purposes? MR. MAGNO: The County does not have any radio equipment on the summit. Our land mobile radio net kind of runs around the mountainsides of Mauna Kea, Mauna Loa, and we collocate with the State in the Humu`ula area. Kulani is our site. But we have nothing on the summits. MS. EVANS: So there's no need for—are we setting precedence by going with this? Do we need it for other civil defense? MR. MAGNO: Right now, I'd say no. This will accomplish what we need for the amateur radio. Our land mobile radio system is set right now. Being at the summit gives you some advantages, but there are some disadvantages as well. So, like I said, this is the only one we need. MS. EVANS: Okay. Well, I'll support this because you've already had it up there, but I'm disturbed that it came as waived off. It's a sacred mountain and people have a lot of strong feelings about it. And it would have been nice if there had been more notice so the public could haveI'd love to have heard some comments, support or not support. I just don't like things kind of pushed quickly, and I know it's happened several times already this last year, and I just don't like it. But I will support this. Thank you. I yield. CHR. KIMBALL: Thank you. Anyone else? All right, I'll just quickly add a huge mahalo to the Council Services staff and the Clerk for helping get this on today's agenda and processing this. As Corporation Counsel Frenz mentioned, the information that this needed to be processed came the same day as posting. So, without their help, we wouldn't have been able to bring this today. I did share a concern raised by several of my colleagues that there wasn't opportunity for as much public engagement with this, and that's why we came to the agreement to do the one year instead of the ten year, and then they'll come back with the additional lease time frame. And that will give us the opportunity to process this in the correct way, right, through Committee and Council. So, appreciate you, counsel Frenz, to come to a path forward with me there. So, with that, we will move forward with the vote on Resolution 485-24. All those in favor,please say "aye." Page 23 Hawaii County Council-36 April 17,2024 Vote on Res. 485-24: The motion to adopt Res. 485-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Villegas, and Chair Kimball —6. Noes: None. Absent: Council Members Inaba, Kierkiewicz, and Lee Loy —3. Excused: None. Bill 142: ADOPTS A PAY PLAN FOR PERSONS EMPLOYED BY THE COUNTY OTHER THAN THOSE WHOSE PAY IS OTHERWISE PROVIDED FOR, DESIGNATING PAYROLL PERIODS, PAY DAYS, PRESCRIBING REQUIREMENTS WITH RESPECT TO OFFICIAL FIDELITY BONDS, AND REPEALING ORDINANCE NO. 23-46 AND ALL AMENDMENTS THERETO, SAID ORDINANCE TO BE KNOWN AS THE SALARY ORDINANCE OF 2024 Establishes rates of compensation for appointed employees in the Legislative Branch and the Office of Housing and Community Development, the County Physician, Student Helpers, and Senior Community Services Aids for various County agencies, and incorporates updates to minimum wage positions. Reference: Comm. 781 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-151 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 142 on first reading and adopt Finance Committee Report No. 151. Seconded by Ms. Villegas. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I think we had a good discussion at the first hearing, and I look for everyone's support. Thank you. CHR. KIMBALL: Thank you, Council Member. Anyone else? Seeing none, all those in favor please say "aye." Page 24 Hawaii County Council-36 April 17,2024 Vote on Bill 142: The motion to pass Bill 142 on first reading and adopt (Approved) Finance Committee Report No. 151 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Villegas, and Chair Kimball —6. Noes: None. Absent: Council Members Inaba, Kierkiewicz, and Lee Loy —3. Excused: None. Bill 139: AMENDS CHAPTER 4, ARTICLE 1, SECTION 4-1-1; ARTICLE 2, (Draft 2) SECTION 4-2-4; AND ARTICLE 4, SECTIONS 4-4-31, 4-4-34, AND 4-4-35, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE ANIMAL CONTROL AND PROTECTION AGENCY Adds definitions for"Livestock" and "Police officer"; repeals definitions for "County animal control service" and"Enforcement officer"; amends definitions for "Animal control officer", "Animals", and "Poultry"; and makes other revisions intended to clarify existing provisions. Reference: Comm. 763.11 Intr. by: Ms. Kimball First Reading: April 3, 2024 Vote on Bill 139: Ms. Galimba moved to pass Bill 139, Draft 2, on second Draft 2 and final reading. Seconded by Ms. Villegas and carried (Adopted) by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Villegas, and Chair Kimball —6. Noes: None. Absent: Council Members Inaba, Kierkiewicz, and Lee Loy —3. Excused: None. Page 25 Hawaii County Council-36 April 17,2024 Bill 141: 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 Elderly Recreation Services account($55,000); and appropriates the same to the Elderly Recreation Services account, for a total appropriation of$195,000. Funds would be used to provide recreational classes to seniors 55 years of age and older. Reference: Comm. 766 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: April 3, 2024 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 141 on second and final reading. Seconded by Ms. Kagiwada. CHR. KIMBALL: Any discussion on this one? MS. KAGIWADA: Chair? CHR. KIMBALL: Yes, Council Member Kagiwada. MS. KAGIWADA: Thank you. I wasn't here last time, and I just wanted to voice my support and to say to people, if you haven't seen the very cool social media post going around with all the seniors playing their `ukuleles, it's really wonderful. I'm happy to support this. Our County's doing a good job with seniors. Thank you. I yield. CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else? Seeing none, all those in favor please say "aye." Vote on Bill 141: The motion to pass Bill 141 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Villegas, and Chair Kimball—5. Noes: None. Absent: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, and Lee Loy —4. Excused: None. Return to Order The Chair directed the Council to return to the order of business. of Business: Page 26 Hawaii County Council-36 April 17,2024 Res. 472-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HILO EDUCATION ARTS REPERTORY THEATRE FOR ITS "HEART: FREE CONCERTS IN THE PARK" SERIES Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 798 Intr. by: Ms. Kagiwada Withdraw Ms. Kagiwada announced the withdrawal of Res. 472-24. Res. 472-24: CHR. KIMBALL: Okay, thank you. MS. KAGIWADA: I just want to say that HEART (Hilo Education Arts Repertory Theatre) has done some good work for the public through putting on great performances. They are just feeling a little overextended right now. My hope is that we'll be able to do this next fiscal year. But they're just feeling overextended right now, so they're not able to do this. Thank you. CHR. KIMBALL: All right. Thank you, Council Member Kagiwada. We will withdraw Resolution 472-24. Res. 473-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR A REIMBURSEMENT OF EXPENSES RELATING TO THE KEA`AU FAMILY FUN DAY Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 799 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Villegas moved to adopt Res. 473-24. Seconded by Ms. Galimba. CHR. KIMBALL: Any discussion? All right, I'm going to just make a comment on this one. It was brought to my attention that this resolution does mention "reimbursement of expenses,"which our County Code Chapter 2 does indicate that grants need to be provided to events "to be held." But I want to note for my colleagues that the transmittal letter for this CRF (Contingency Relief Fund) was received on the 22nd of March, which was a week before the event. Page 27 Hawaii County Council-36 April 17,2024 My personal take on this is that we've never exactly made it clear, nor is it clear in the Code, what is the date that is the starting point of"to be." But this resolution was received prior to the event through the transmittal. What I would suggest is that the word "reimbursement,"please try to exclude using that. Avoid using that in these CRF resolutions. But since this was received in a timely way before the event, I think it is in alignment with the Code. Any further discussion? All right, all those in favor of adopting Resolution 473-24, please say "aye." Vote on Res. 473-24: The motion to adopt Res. 473-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Villegas, and Chair Kimball—5. Noes: None. Absent: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, and Lee Loy —4. Excused: None. Res. 474-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE GRASSROOTS COMMUNITY DEVELOPMENT GROUP FOR EXPENSES RELATED TO THE 2024 HILO LEI DAY FESTIVAL Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 800 Intr. by: Ms. Lee Loy Vote on Res. 474-24: Ms. Villegas moved to adopt Res. 474-24. Seconded by (Adopted) Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Villegas, and Chair Kimball—5. Noes: None. Absent: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, and Lee Loy —4. Excused: None. Page 28 Hawaii County Council-36 April 17,2024 Res. 475-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR THE PURCHASE OF CITRIC ACID TO CONTROL COQUI FROGS IN COUNCIL DISTRICT 1 Transfers $1,800 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 801 Intr. by: Ms. Kimball Motion to Approve: Ms. Villegas moved to adopt Res. 475-24. Seconded by Ms. Galimba. CHR. KIMBALL: If I may, I just request my colleagues' support in helping out those folks trying to fight the good fight against the coqui frogs. And I want to thank R&D (Research and Development) and Big Island Resource Conservation (and) Development Council for their support with continuing this program. I ask for my colleagues' support. Any further discussion? All those in favor please say Ic aye. Vote on Res. 475-24: The motion to adopt Res. 475-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Villegas, and Chair Kimball—5. Noes: None. Absent: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, and Lee Loy —4. Excused: None. Res. 476-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HAWAII SOCIETY OF OBSTETRICIANS AND GYNECOLOGISTS TO SUPPORT ITS RESIDENCY ROTATION PROGRAM Transfers $10,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 802 Intr. by: Ms. Kimball Page 29 Hawaii County Council-36 April 17,2024 Motion to Approve: Ms. Villegas moved to adopt Res. 476-24. Seconded by Ms. Galimba. CHR. KIMBALL: If I may, I just ask for my colleagues' support in helping to provide the funding for this really important program. As we know, there are physician shortages across the island, but in particular for women's health, obstetrics and gynecology. This program helps to bring folks through our County during their rotation with the hope that they will consider coming back and setting up practice later. So I really hope I can garner your support in providing funding for this really important program. Yeah, Council Member Evans. MS. EVANS: This is a really good program, but I have a question for Corporation Counsel on this. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. EVANS: I'm looking at one of the "WHEREASES" on County Code Section 2, and it's talking about nonprofits and a specific program, project, event, activity, service. Can they use part of that 10,000 to pay for utilities or lease rents on land? Would that be limited? MS. STRANCE: Thank you, Council. Elizabeth Strance, Corporation Counsel. Normally, we don't permit payment of bills. So, if a nonprofit came in and said, "We want money to pay for our electricity bill,"the answer to that would be no because that is kind of a personal expense of the organization. With this particular grant request, the organization has a grant program, and that grant program is to get physicians over to the Big Island for a period of time. And so one of the expenses of that program, as opposed to the operation expense of the organization or a personal expense as a physician, it's a programmatic expense. And so, however the—we don't know how the organization has the housing set up, but in working with Chair Kimball on this grant, we needed to ensure that it was an actual programmatic expense of the organization. And this is the language that came to it. So, however that programmatic piece registers for the organization and we can audit to that program expense, then it would pass the muster. And so kind of the challenge in the question that you asked is, and this comes up a lot when we are discussing CRFs "Oh, they paid for this and this for this grant but not for that grant" oftentimes, whether an expense falls within the public purpose depends upon the context. And so, so long as the organization in this case can track a housing expense to its programmatic expense in their budget, then it would be permitted. If it was in a different budget line, like it was the organization's own utility bill, that would be an improper expense. Page 30 Hawaii County Council-36 April 17,2024 MS. EVANS: Okay. I think I'm following it. But it's really important because I know we talk to a lot of organizations and try to support them, but sometimes it doesn't work out. MS. STRANCE: Yeah. I mean, I think the MS. EVANS: I'm getting a little more clarity as we work these one by one. MS. STRANCE: Yeah. If you're familiar sort of with nonprofit fundraising, the types of grants that the County awards within their CRF funding and their Waiwai Grant funding are restricted grants. They were restricted for this specific purpose, and that's what allows it to be spent for the public good. If it is just an organizational expense, then that would really be in the category of an unrestricted or general grant, and those are not permitted. MS. EVANS: Oh. Okay. I know we keep learning on this but thank you. I appreciate the conversation. I yield. CHR. KIMBALL: Thank you, Council Member Evans. It's a challenge to figure out how to get this just right. But just to make it super clear, like if there's a nonprofit that runs a building, we can't pay for their rent. But if there's a nonprofit that rents the building for one program that they're putting on and it's part of that program's cost, then we can cover it. So it's depending if it's operational or programmatic cost. But happy to support this particular program, and I'm glad we found a way through the weeds. All right— MS. ightMS. KAGIWADA: Chair? CHR. KIMBALL: Oh, yes, Council Member Kagiwada. MS. KAGIWADA: Thank you. I just wanted to say in full support, and I'll be putting forward a similar CRF, I believe, at the next Council meeting. And I just wanted to thank District 1 staff Dot for all her work on helping get the wording correct, and working with Corporation Counsel on this. So thank you very much. I'll be supporting. I yield. CHR. KIMBALL: Thank you, Council Member Kagiwada. I probably don't thank Dot enough. Dot, if you're listening, I couldn't survive without you. Thank you. All right, all those in favor please say "aye." Page 31 Hawaii County Council-36 April 17,2024 Vote on Res. 476-24: The motion to adopt Res. 476-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Villegas, and Chair Kimball—5. Noes: None. Absent: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, and Lee Loy —4. Excused: None. Res. 477-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR THE PURCHASE OF CITRIC ACID TO CONTROL THE COQUI FROG INFESTATION IN COUNCIL DISTRICT 6 Transfers $5,100 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 804 Intr. by: Ms. Galimba Motion to Approve: Ms. Galimba moved to adopt Res. 477-24. Seconded by Ms. Villegas. CHR. KIMBALL: Council Member Galimba. MS. GALIMBA: Thank you. Asking for my fellow Council Members' support. This is a bigger number than some of the others, but this is a big district and we do have some areas that are not necessarily overrun. So I just want to help fight the good fight. Thanks. CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 477-24: The motion to adopt Res. 477-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Villegas, and Chair Kimball—5. Noes: None. Absent: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, and Lee Loy —4. Excused: None. Page 32 Hawaii County Council-36 April 17,2024 Res. 478-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE WAIMEA PRESERVATION ASSOCIATION FOR ITS FRIENDS OF WAIMEA COMMUNITY EMERGENCY RESPONSE TEAM PROJECT Transfers $2,200 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Hawaii Fire Department, Fire Operations Other Current Expenses account. Reference: Comm. 805 Intr. by: Ms. Evans Motion to Approve: Ms. Evans moved to adopt Res. 478-24. Seconded by Ms. Villegas. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. I ask for your support. Love these CERT (Community Emergency Response Team) volunteers that we have in the community. This is to provide generators because a lot of times we're without electricity; hurricanes, even earthquakes. And so this is really critical to them for their operation. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 478-24: The motion to adopt Res. 478-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Villegas, and Chair Kimball —6. Noes: None. Absent: Council Members Inaba, Kierkiewicz, and Lee Loy —3. Excused: None. Page 33 Hawaii County Council-36 April 17,2024 Res. 479-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE DEPARTMENT OF PARKS AND RECREATION'S 2024 SUMMER ENRICHMENT PROGRAM AT HALE HALAWAI PARK IN COUNCIL DISTRICT 7 Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Recreation Division Equipment account($3,800) and Summer/Intersession Other Current Expenses account($1,200). Reference: Comm. 806 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 479-24. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Villegas. MS. VILLEGAS: Just ask for my colleagues' support. And want to express my gratitude to Parks and Rec. (Recreation) and for their initiative to put together a really cool program this summer for our teens. And also a shout-out to my staff, to Candy, for all the hard work she does trying to get our contingency relief requests from the public and our community processed through all of our very patient and gracious departments in order to get these funds where we'd like them to go and support our community. So thank you so much, Candy. Appreciate you. I yield. CHR. KIMBALL: Thank you, Council Member Villegas. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 479-24: The motion to adopt Res. 479-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Villegas, and Chair Kimball —6. Noes: None. Absent: Council Members Inaba, Kierkiewicz, and Lee Loy —3. Excused: None. STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON RES. 480-24 The following individual registered to speak and came forward when called by (COMM. 807): the Chair: Page 34 Hawaii County Council-36 April 17,2024 Marcia Timboy: In support. (representing Grassroots Community Development Group) Res. 480-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE GRASSROOTS COMMUNITY DEVELOPMENT GROUP FOR THE 2024 HILO LEI DAY FESTIVAL AT KALAKAUA PARK Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 807 Intr. by: Ms. Kimball Motion to Approve: Ms. Villegas moved to adopt Res. 480-24. Seconded by Ms. Galimba. CHR. KIMBALL: Any discussion? All right,just ask for my colleagues' support for this event. All those in favor, please say "aye." Vote on Res. 480-24: The motion to adopt Res. 480-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Villegas, and Chair Kimball —6. Noes: None. Absent: Council Members Inaba, Kierkiewicz, and Lee Loy —3. Excused: None. Res. 481-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOSPICE OF HILO FOR ITS 20TH ANNUAL CELEBRATION OF LIFE EVENT Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 808 Intr. by: Ms. Kimball Motion to Approve: Ms. Villegas moved to adopt Res. 481-24. Seconded by Ms. Galimba. Page 35 Hawaii County Council-36 April 17,2024 CHR. KIMBALL: I'll just ask for my colleagues' support for this particular program. As somebody who's personally had family members go through the hospice experience, it's a really valuable service and I couldn't—it's one of the organizations that I just really like to support over and over again because I think it's such a critical need in our community. So all those in favor, please say "aye." Vote on Res. 481-24: The motion to adopt Res. 481-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Villegas, and Chair Kimball –6. Noes: None. Absent: Council Members Inaba, Kierkiewicz, and Lee Loy –3. Excused: None. Res. 482-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE KONA COFFEE CULTURAL FESTIVAL TO ASSIST WITH EXPENSES RELATED TO THE COMMUNITY SERVICE PROJECTS AND EDUCATIONAL ACTIVITIES WITH MISS KONA COFFEE Transfers $5,000 from the Clerk-Council Services –Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 809 Intr. by: Mr. Inaba Vote on Res. 482-24: Ms. Villegas moved to adopt Res. 482-24. Seconded by (Adopted) Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Villegas, and Chair Kimball –6. Noes: None. Absent: Council Members Inaba, Kierkiewicz, and Lee Loy –3. Excused: None. Page 36 Hawaii County Council-36 April 17,2024 Res. 483-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE MEN OF PA`A TO SUPPORT THE 2024 BRUDDAH KUZ YOUTH JAMM EVENT Transfers $1,700 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 810 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Villegas moved to adopt Res. 483-24. Seconded by Ms. Galimba. CHR. KIMBALL: Any discussion? I'll just say I really appreciate the Men of Pa`a and all the great work they do across the island. So, happy to lend my support to this resolution and thank Council Member Kierkiewicz for its introduction. All those in favor,please say "aye." Vote on Res. 483-24: The motion to adopt Res. 483-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Villegas, and Chair Kimball —6. Noes: None. Absent: Council Members Inaba, Kierkiewicz, and Lee Loy —3. Excused: None. Res. 484-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST WITH EXPENSES RELATING TO THE HALA FESTIVAL AT THE MAKU'U FARMERS MARKET Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 812 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Villegas moved to adopt Res. 484-24. Seconded by Ms. Galimba. Page 37 Hawaii County Council-36 April 17,2024 CHR. KIMBALL: Any discussion? Council Member Villegas. MS. VILLEGAS: I just want to express my heartfelt gratitude for the cultural practitioners perpetuating this incredible craft. As you can tell, I have a love for kala and the things crafted out of lauhala, and the weavers who have picked up what had become a dying art form and are sharing it with a more diverse selection of our community. And I justI see such incredible value and priceless history in this cultural practice. So I just am deeply grateful and am super excited to support the contribution for this kala festival. And I do hope it becomes an annual festival and that we have more weavers joining that community, and the love, respect, and cherishing of products made out of kala will also be perpetuated. I yield. CHR. KIMBALL: Thank you, Council Member. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 484-24: The motion to adopt Res. 484-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Villegas, and Chair Kimball —6. Noes: None. Absent: Council Members Inaba, Kierkiewicz, and Lee Loy —3. 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.) 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.) OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There were none.) Page 38 Hawai`i County Council-36 April 17,2024 ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. MS. VILLEGAS: Just one quick— CHR. KIMBALL: Yes, Council— Point of Information: MS. VILLEGAS: Point of information. CHR.KIMBALL: Yes. MS. VILLEGAS: I just wanted to give a shout-out to the Kohanaiki `Ohana and the family and community members and all the keiki that will be joining us this weekend for the 26th Annual Keiki Surf for the Earth and Beach Cleanup at Kohanaiki Beach Park. I also want to just remind the rest of the community that it will be an incredibly busy weekend down at the park, causing some delays with traffic and access and parking. And so just thank everybody ahead of time for your patience and your flexibility and your gracious understanding of the history and the legacy of this contest, and that it is about more than just a surfing competition. It is about participating and recognizing kuleana to care for that park and that place, and just the generations of families who have participated. And we are so grateful to our County Parks and Rec. department and their support of that facility. And yeah. So just wanted to let everybody know. And thank you for your gracious flexibility as we navigate this incredible event this weekend. CHR. KIMBALL: Thank you, Council Member. ADJOURN- There being no further business, Chair Kimball adjourned the meeting at MENT: 11:11 a.m. Council Approval: JUN 2024 CO CLERK JH/dg Page 39