Loading...
HomeMy WebLinkAboutMIN COUNCIL 2024-06-05 2022-2024 Hawaii County Council 41" Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii June 5, 2024 INVOCATION: Rimban Kazunori Takahashi of Honpa Hongwanji Hilo Betsuin gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:04 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 Ms. Ashley L. Kierkiewicz, Member Ms. Susan L. K. Lee Loy, Member Ms. Rebecca Villegas, Member 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, Acting County Clerk Jacob Perry 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) Ms. Lee Loy presented Certificates of Merit to the male and female awardees CONDOLENCE: for Older Americans Month; and 2) Ms. Kagiwada presented Certificates of Merit to members of the Hilo High School Debate Team in recognition of their achievement.) (Note: A recess was called at the conclusion of each presentation.) Hawaii County Council-41 June 5,2024 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: Chuck Flaherty: Bill 160 (Comm. 857), in support. (representing Sierra (See Comm. 857.2) Club Hawaii Island Group) Michael Konowicz: Bill 145, Draft 2 (Comm. 796.11), in opposition; and Bill 149, Draft 2 (Comm. 816.2), in support. Neal Herbert: Bill 168 (Comm. 893), comment. (See Comm. 893.4) Matthias Kusch: Bill 125, Draft 4 (Comm. 679.72), in opposition. 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 April 3 and 17, 2024, were approved. 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: GOEAC-130 NOMINATION OF CHELSEA L. AHERN TO THE TRANSPORTATION (Comm. 848): COMMISSION Vote on Ms. Lee Loy moved to adopt Governmental Operations and GOEAC-130: External Affairs Committee Report No. 130. Seconded by (Adopted) Ms. Kierkiewicz 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. GOEAC-131 NOMINATION OF KEALOHANUI BROWNING TO THE BANYAN DRIVE (Comm. 849): HAWAII REDEVELOPMENT AGENCY Page 2 Hawaii County Council-41 June 5,2024 Motion to Approve: Ms. Lee Loy moved to adopt Governmental Operations and External Affairs Committee Report No. 131. Seconded by Ms. Kagiwada. (Council Member Lee Loy announced the passing of Nona Wilson, a former member of the Banyan Drive Hawaii Redevelopment Agency, and asked that prayers be sent to the family of the late Ms. Wilson. Chair Kimball thanked Council Member Lee Loy and offered condolences on behalf of the County Council.) Vote on The motion to adopt Governmental Operations and GOEAC-131: External Affairs Committee Report No. 131 was carried by (Adopted) 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. GOEAC-132 NOMINATION OF ARTHUR BUCKMAN TO THE POLICE COMMISSION (Comm. 850): Negative Recommendation: Due to a vote of 3-ayes, 6-noes Requires Council Confirmation by: June 7, 2024 (Section 13-4(k), Hawaii County Charter) (Note: Comm. 850.1, from Mayor Mitchell D. Roth dated May 23, 2024, stating support for Mr. Buckman's nomination, was circulated.) Motion to Approve: Ms. Lee Loy moved to confirm the nomination of Arthur Buckman to the Police Commission. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. KIMBALL: Any discussion on this item? Council Member Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: Chair, Mr. Buckman is here this morning. Do you want to come forward? Thank you for being here this morning. Is there anyone from the Administration? CHR. KIMBALL: It doesn't look like we have anybody in Kona. Page 3 Hawaii County Council-41 June 5,2024 MR. KANEALI`I-KLEINFELDER: Okay. Mr. Buckman, go ahead. Oh, we do have Mr. Bobby Command in Kona. Mr. Command, if you could, Mr. Buckman wasn't able to attend the last meeting, and I did see a note from the Mayor's office regarding his nomination and his attendance at the last meeting. But if you could, please present the individual. He's from my district. He's a good man. Take us away and then we'll go ahead to some questions I have for him. (Note: At this time, Deputy Managing Director Robert Command and nominee Arthur Buckman came forward to address the members of the Council.) MR. COMMAND: I'm sorry. I'm not prepared to do that at this moment. I can go up and get the file and come back if you'll allow me to do that. MR. KANEALI`I-KLEINFELDER: I would like that a lot. This is the second time he has been on the agenda, and we were remiss in our activities on the last meeting. MR. COMMAND: Will do. MR. KANEALI`I-KLEINFELDER: Yes,please. Thank you. MR. COMMAND: Be right back. Thank you. Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to table Governmental Table: Operations and External Affairs Committee Report (Approved) No. 132. 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. GOEAC-133 NOMINATION OF JASMINE V. CRUSAT TO THE LIQUOR COMMISSION (Comm. 851): Requires Council Confirmation by: June 7, 2024 (Section 13-4(k), Hawaii County Charter) (Note: Comm. 851.1, from Mayor Mitchell D. Roth dated May 24, 2024, regarding Ms. Crusat's resume, was circulated.) Page 4 Hawaii County Council-41 June 5,2024 Vote on Ms. Lee Loy moved to adopt Governmental Operations and GOEAC-133: External Affairs Committee Report No. 133. Seconded by (Adopted) Ms. Kagiwada 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. GOEAC-134 NOMINATION OF LYAN K. YOUNGS TO THE SALARY COMMISSION (Comm. 852): Requires Council Confirmation by: June 7, 2024 (Section 13-4(k), Hawaii County Charter) (Note: Comm. 852.1, from Mayor Mitchell D. Roth dated June 5, 2024, requesting that Ms. Youngs' nomination be withdrawn, was circulated.) Motion to Approve: Ms. Lee Loy moved to adopt Governmental Operations and External Affairs Committee Report No. 134. Seconded by Ms. Kierkiewicz. CHR. KIMBALL: Any discussion on this item? Council Member Villegas. MS. VILLEGAS: I have some questions for the Administration and for I believe it said Lyan. Is that how you say her name? Lyan? Last time I thought we Mr. Command—we don't have Pomaika`i here and Lyan is not here. (Note: At this time, Lyan Youngs, nominee, came forward to address the members of the Council.) MS. YOUNGS: I'm here on Zoom. MS. VILLEGAS: Hi. MS. YOUNGS: Hi. MS. VILLEGAS: Is it Lyan? MS. YOUNGS: It's Lyan. MS. VILLEGAS: Lyan. Got it. Okay, great. Thank you, Lyan. During your initial introduction to us for your nomination the last time we were here, I mentioned something about there being potentially some concerns about who you Page 5 Hawaii County Council-41 June 5,2024 work for, and then them being a beneficiary of resources and funding that the Council has direct authority over approving, and you had said something about your board not seeing any conflict of interest. However, Corp. (Corporation) Counsel reached out to me and said that there was potential conflict of interest, and it was something that should be taken to (Board of) Ethics to be asked to them to make the final decision. Did you do that? MS. YOUNGS: I did. So I emailed them, got correspondence. This was back in May, May 19''. I haven't heard anything back after I submitted the petition. So I'm still waiting on word from them as far as any conflict of interest. MS. VILLEGAS: Okay. Yeah, I would prefer to get an answer from Ethics before we move this forward. It is just a little too close, and Corp. Counsel has expressed that. They weren't aware that you had actually submitted that. So, as of last week, I was told you had not submitted the form to Ethics, which was doubly concerning to me. So I'm grateful to hear that you have submitted it. But I personally would like to get the opinion from the Board of Ethics before we provide confirmation. It's just too close. And in an era when we already struggle with mistrust from the public in the ways that we navigate and spend public funding, I would hate for you to accidentally end up in a position that compromises or calls into question your integrity. And so I'd rather err on the side of caution and protect you from that potential complication and hardship, and get an answer from the Board of Ethics before moving forward with the confirmation of her nomination. CHR. KIMBALL: Unfortunately, Council Member Villegas, this is one of the positions that does have the 45-day requirement for the Council to take action. So today is the last day that we can vote in Council on this nomination, otherwise it will be an automatic appointment. MS. VILLEGAS: Well, in that case, I would ask for support of my colleagues. And perhaps, Judge Strance, do you have an opinion on this? I think it's in the best interest of our County and of those that are willing to volunteer to be protected from any potential ethical conflicts. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Good morning. Elizabeth Strance, Corporation Counsel. Generally, where there are conflicts of interest, they are issue- or party-oriented rather than a wholesale ineligibility. Normally, the board would give guidance as to when to recuse or not recuse. The concern in this case is that the nominee would not be able to consider anything than that's a little bit different. And I apologize; I don't recall offhand what the ethics concern was. Page 6 Hawaii County Council-41 June 5,2024 MS. VILLEGAS: The ethics concern is related to somebody serving on the Salary Commission who then has direct power and influence over the salaries of County Council Members and other members of County government. And in having direct authority and influence over our salaries, we have direct affect over the amount of money that gets contributed through grants and funding to her current employer. And it's through those grants and funds that that nonprofit functions. It's too close for comfort, in my opinion, and it just—we already have enough challenges in my district when it comes to these things. So, for me, I would ask for my colleagues to err on the side of caution. And I would put out to my constituents this is an attempt for true and authentic full disclosure, and to remove any options for potential future inappropriate connections where funding is directly allocated to organizations that benefit from the people in the positions that would be getting a raise. MS. STRANCE: I understand your position. I don't want to speak on behalf of the board. As I said before, normally the board would provide guidance as to when and where or if a board member would need to recuse themselves from consideration. MS. VILLEGAS: And, unfortunately, the Board of Ethics has not responded with an answer for their findings or what they see in the situation. And if they had, then I would be a lot more comfortable to move forward with this if the Board of Ethics because that is the appropriate process. Unfortunately, they have not responded, but that doesn't negate the fact that we are in an ethical conflict here. MS. STRANCE: The board has its own process, and it's not going to turn things around in a day or two or even a week. MS. VILLEGAS: Yeah. CHR. KIMBALL: Okay, I'm not sure who was first so I'm going to just— Council ustCouncil Member Lee Loy, we'll start with you. MS. LEE LOY: I'm going to be supporting this candidate. I think the conjecture of sitting on a board, deliberating things that goes to another board to then deliberate things to then have a decision to then impact is just far too many degrees of separation. I think we have a lot of safeguards in place, and we all get advised all the time on when to vote or when not to vote. I think those safeguards in place and for those reasons I'm going to be supporting this nominee. I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I'll be supporting Lyan's nomination to the Salary Commission. I do think it's important to hear from the Board of Page 7 Hawaii County Council-41 June 5,2024 Ethics, and so I would support confirming her and then getting guidance from the board as to whether or not it is appropriate for her to serve, or there being guidelines in which she needs to make a public disclosure or conflict herself out of making certain salary decisions for anybody that might be working in the Office of Housing (and Community Development) if her employer is receiving any grant funding. I also know that there are safeguards in place for the grant-making process, and it's not the administrator and the deputy that are making these decisions. It's members of their team. And there is a process that is scrutinized and available for the members of the public to also scrutinize. So I think that there are the protections in place, and I will be supporting your nomination. And again, I'd like to hear from the Board of Ethics, but I want to leave it to them to decide whether or not it's appropriate for you to be serving in this capacity and when you may need to be recusing yourself from any deliberations. Thank you for being here. CHR. KIMBALL: All right. Thank you, Council Member. Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. Mr. Clerk, I'm wondering if you can answer a question for me about could the Administration take this nomination back and renominate them after an Ethics ruling had been made? Is that something that could happen? MR. PERRY: They could. I would defer to anything that Corporation Counsel might say. It would have to be in writing and memorialized. But I don't see a reason why they couldn't do that. MS. KAGIWADA: I see Corporation Counsel nodding. I would feel more comfortable just hearing from the Ethics committee first. It seems a little strange to confirm, but want to hear from the Ethics committee, to me. So, if it's possible for the Administration to perhaps pull this nomination back and then get the Ethics ruling and then bring it forward once that's been okayed, I would prefer to vote then. But we have Corporation Counsel here, so please let us know what you think. MS. STRANCE: Elizabeth Strance, Corporation Counsel. I want to be careful about what this body can inquire into if a person seeks an Ethics opinion. So the Board of Ethics will not be reporting back to this body, and there are some areas of confidentiality. So, if a precondition of this body's vote is to have an Ethics opinion, then it would be up to the nominee to decide whether to disclose that to this body or not,just in the same way that you folks aren't required to publish to the community if you receive Ethics guidance or opinions. Page 8 Hawaii County Council-41 June 5,2024 MS. KAGIWADA: Absolutely. Thank you. Good reminder. But, yes, it would be up for the nominee to come back and to just let us know that she feels comfortable once she's heard from the ethics committee going forward. That's what I would expect to happen. I yield. CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Evans, did you have a you're fine? Okay, Council Member Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Ms. Villegas has a valid point, and I would be more inclined to hear from the Board of Ethics before we vote to approve. I'm sure Lyan is not dying to get on this commission and would be okay to waiting until we have a finding from the Board of Ethics, and I'd be more comfortable with that. Thank you. CHR. KIMBALL: Thank you, Council Member. Council Member Villegas. MS. VILLEGAS: I am doing some checking right now, and it doesn't seem that anything was ever submitted or received on the end of the Board of Ethics from the candidate. And so there are some challenges with, um, not sure how or why, but here we are talking about an issue of ethical things, things being ethical or not, not necessarily illegal but ill-advised. And so I have more concerns now in the information I'm getting that noting was submitted to the Board of Ethics. And so that brings up extra concerns for me where this stands. So I won't be supporting the nomination. CHR. KIMBALL: Thank you, Council Member Villegas. To the nominee or to the Administration, I'll give you an opportunity to respond. (Note: At this time, Deputy Managing Director Robert Command came forward to address the members of the Council.) MR. COMMAND: Wellsorry, go ahead. CHR. KIMBALL: Why don't we start with you, Lyan. MS. YOUNGS: Yeah,just to respond, I did send an email. I had some correspondence from somebody from the Board of Ethics. So I did turn it in. I did submit that on the 19'', so I'm not sure why they didn't receive anything or why I haven't heard any correspondence back. But I would like to hear from them as well, because I don't want to be in a position that creates more issues. But, again, I do feel like there are a lot of safeguards in place within my employer and within the County. So I'm willing to hear back from them, yeah, and I'll try to reach out again and see why they haven't received my email. But, other than that, I'm willing to wait. It's fine. Page 9 Hawaii County Council-41 June 5,2024 CHR. KIMBALL: All right, anything—Deputy Managing Director Command, did you want to chime in? MR. COMMAND: Thank you, Chair Kimball. I think it's a reasonable request. If it's appropriate, would be happy to submit something in writing delaying this or postponing it. Thank you. CHR. KIMBALL: Okay. With that, I'm going to recommend that we take a motion to table while we allow the Administration to provide us with that documentation. Hmm? If they withdraw, well, we are in—if we can get a correspondence withdrawing the nomination today until the response from the Ethics commission has been provided to the nominee, then we can withdraw the nomination and she can be renominated. But, otherwise, we will need to take the vote today. MR. PERRY: Just to be clear, so that would be in anticipation that we table this matter and then when it comes up, by that time the Administration will have submitted a communication to withdraw. CHR. KIMBALL: That is the expectation, yes. MR. PERRY: Understood. Vote on Motion to Ms. Lee Loy moved to table Governmental Operations and Table: External Affairs Committee Report No. 134 to the end of (Approved) the day. Seconded by Ms. Kagiwada 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. GOEAC-135 NOMINATION OF DAISY MITCHELL TO THE KONA COMMUNITY (Comm. 854): DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: June 9, 2024 (Section 134(k), Hawaii County Charter) Page 10 Hawaii County Council-41 June 5,2024 Vote on Ms. Lee Loy moved to adopt Governmental Operations and GOEAC-135: External Affairs Committee Report No. 135. Seconded by (Adopted) Mr. Kaneali`i-Kleinfelder 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. MS. VILLEGAS: Chair, could I ask a quick question? CHR. KIMBALL: Yes. MS. VILLEGAS: I'm noting that a lot of the nominees aren't here, and so I'm just a little curious. We went through a lot of ups and downs with nominees not thinking they needed to come to the second time, and being told they didn't have to, and we had all kinds of things. So I'm just wondering if something has changed in the communication with nominees of their being encouraged to show up for both hearings. CHR. KIMBALL: The change in the communication has been reflected I think in the chair of the government operations committee's response when a vote is taken, that the nomination has passed and has not provided any advice, one way or the other, from that committee as to the nominee's attendance at the Council meeting. I think that is actually a wise choice because in the past we have informed folks that they didn't need to be here, and if they needed to be here. And the opposite is also true. So we really leave it up to the nominee and the Administration to make that determination if they come or not. MS. VILLEGAS: Okay, thank you. GOEAC-136 NOMINATION OF MEL YOKOYAMA, JR. TO THE KA`U COMMUNITY (Comm. 855): DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: June 9, 2024 (Section 134(k), Hawaii County Charter) (Note: The following items were circulated: 1) Comm. 855.2, from Deputy Corporation Counsel Diana Mellon-Lacey dated June 4, 2024, addressing the eligibility of Mr. Yokoyama's nomination; and 2) Comm. 855.3, from Managing Director Deanna Sako dated June 5, 2024, requesting that Mr. Yokoyama's nomination be withdrawn.) Page 11 Hawaii County Council-41 June 5,2024 Motion to Approve: Ms. Lee Loy moved to adopt Governmental Operations and External Affairs Committee Report No. 136. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: Thank you. We had discussion regarding the eligibility of this nominee at the Committee hearing. And I had expected the Administration to withdraw this committee, being that Mr. Yokoyama stated that while he has a home in Pahala where he grew up and his family lives, he said that he doesn't live at this home in Pahala. And he wasn't able to confirm that he could provide any documentation in line with that address being his principal residence, as defined by the Tax Code. So, at this point, I don't think he's eligible by any means, and just wondering if there's any legal guidance that Corporation Counsel wants to provide as to what"primary residence" means in Chapter 16, I believe it is, of the Code where the CDP (Community Development Plan) Action Committee membership requirements live. CHR. KIMBALL: Vice Chair Inaba, real quickly before we do that, I just want to actually pass the chair to you for a moment so I can take care of a personal matter. MR. INABA: Sure. Relinquish Chair: At this time, Chair Kimball relinquished the chair to Acting Chair Inaba. ACTING CHR. INABA: Corporation Counsel, please. (Note: At this time, Deputy Managing Director Robert Command came forward to address the members of the Council.) MR. COMMAND: I'm sorry, Chair Inaba, may I interrupt? ACTING CHR. INABA: Sure, go ahead, Deputy Managing Director. MR. COMMAND: At this time, we'd like to pull Mr. Yokoyama's nomination. ACTING CHR. INABA: Thank you. I'm going to ask for a table of this motion, similar to the previous, so that we can take it up once the nomination has officially—we've received the communication of the withdrawal. Page 12 Hawaii County Council-41 June 5,2024 Vote on Motion to Ms. Lee Loy moved to table Governmental Operations and Table: External Affairs Committee Report No. 136 to the end of (Approved) the day. Seconded by Ms. Kagiwada and carried by the following voice vote: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Vote on Motion to Ms. Lee Loy moved to remove Governmental Operations Remove from Table: and External Affairs Committee Report No. 132 from the (Approved) table. Seconded by Ms. Kagiwada and carried by the following voice vote: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Galimba and Kimball —2. Excused: None. ACTING CHR. INABA: All right, Deputy Managing Director Command. (Note: At this time, Deputy Managing Director Robert Command and nominee Arthur Buckman came forward to address the members of the Council.) MR. COMMAND: Thank you, Chair Inaba. I apologize for not being prepared for this. I thought that this was going to all take place at the end of the meeting. (At this time, Mr. Command proceeded to introduce the nominee.) ACTING CHR. INABA: Thank you. At this time, we have Council Chair Kimball back, so I'll be relinquishing the Chair. Relinquish Chair: At this time, Acting Chair Inaba relinquished the chair to Chair Kimball. CHR. KIMBALL: Thank you, Vice Chair Inaba. You may go ahead and say a few remarks if you'd like by way of an introduction. MR. BUCKMAN: Okay. I'd like to start with a question. Have you all seen my resume? Okay. It was updated since it was originally submitted nine years ago with just current activities. At the time I was first serving on the Commission, my Page 13 Hawaii County Council-41 June 5,2024 appointment was unanimous. Personally, I am on the Commission because I want to serve my community, and for whatever reason, I've never ever served jury duty. At least on one occasion, it was because I was a conservation officer at the Federal level, and maybe a few other things: I had moved to a different state. I'm not sure what the nays came from, but if it was from me not responding for the first nomination, I guess there's an extenuating circumstance that speaks to the method of getting folks to come to these nominations. And I had called the executive assistant to the mayor approximately once a month, asking for the status of the nomination, and it was said that they were still vetting. And that's why I said, "Oh, please call me when the process is finished. I probably won't have connectivity to email and actually internet." Last night, I was up till two in the morning just trying to print out the original email of 24 April. So my apologies for not responding, but in that first email of the 24h, it says, "Please respond to confirm," and I didn't because I couldn't read it. And I finally got a call, but it was the day after the nomination process. So I'm not actually asking for a reverse of those six nays. It's one of those things you ought to know. One more item that came up that was a memory jog or a conflict of interest in the five years since I've been a commissioner, one of my hobbies in retirement is gardening and horticulture. And I share my produce with my friends and neighbors, and actually once or twice a year, I make major deliveries to some of the police and fire stations and the main office. Now, is ten pounds of lychee for no quid pro quo, is that a problem as far as conflict of interest? I have no problems stopping deliveries. I'll find somebody else who wants lychee. And by the way, my tree is loaded right now. Do you folks have any specific questions? I mean, this is one of those thankless jobs like I'm thinking a lot of the commission positions are, but it's something I feel I should at least offer to do. I had a good attendance record all those years. And now I have what is no longer a new car, but I would, in anticipation of making those drives to Kona, I did buy a Subaru. So any questions? CHR. KIMBALL: We'll start with you, Vice Chair Inaba. MR. INABA: Thank you. I'll be voting in support. No question as to your ability here, and thankful for your service. The "no"vote was that there was no understanding why you weren't there, and we were just unclear. But happy that you are here today and that we get to talk story a little bit. So thank you for your willingness to serve. In support. Thank you, Chair. I yield. MR. BUCKMAN: My connectivity should improve shortly. My wife has been off-island, actually, in Atlanta with a fractured spine. She's the computer expert and she'll get me straight. She's shooting for a visit next week, health permitting. So I'll be up and running again. So thank you very much. Page 14 Hawaii County Council-41 June 5,2024 CHR. KIMBALL: Thank you. Hold on one—we have MS. KAGIWADA: Hold on. Wait. CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: I just wanted to also say that I will be changing my vote for "in favor." I just did not understand why you had missed there was no explanation given why you missed the first meeting, and so I voted"no"the first time. But I have read your updated resume. Appreciate your service and will be voting "yes"this time. MR. BUCKMAN: Okay. And I was promised a phone call for those reasons, and things fall through the cracks. I realize that. Working for the Federal Government, you wouldn't believe the things I've seen fall through the cracks. One thing that didn't fall through is what I'm basically known for and that's the brown tree snake control program. Senator Inouye, who I was allowed to call "Uncle Dan," gave me a million dollars back in '93, and we have not had a brown tree snake that I know of since 20 November 1994. I don't like snakes. MS. KAGIWADA: Thank you so much. Thank you for your service. I yield. CHR. KIMBALL: Thank you, Council Member Kagiwada. We still have a couple more. MS. VILLEGAS: A couple more. CHR. KIMBALL: Yes. Council Member Villegas. MS. VILLEGAS: There we go. Wow! What success with the tree snake. And thank you. We are inundated by invasive species that devastate our ecosystems and precious and fragile indigenous and native species. If we gave you a million dollars, do you think you could take out the rhinoceros beetle? MR. BUCKMAN: Funny you should mention that. My last duty station, I was a command level biologist at natural cultural resource, manager, from the Pacifics. My bases were from the Arctic Circle to Diego Garcia in the Indian Ocean. And when I went to lunch, especially Taco Tuesdays at the O Club every Tuesday, I would look up at those palm trees because I knew that the airport and Hickam adjacent would be the first place they showed up. And they showed up two years after I retired. So I could have prevented all this if I could have worked a little longer. MS. VILLEGAS: Yeah. Nobody can do it all. I feel that a lot in this role. And so thank you for your service all those years, and the difference that you were able to make. And I am deeply honored to be able to support your nomination today, Page 15 Hawaii County Council-41 June 5,2024 and grateful for your willingness to continue to serve. I also hope your wife heals. Having back injury like that is really painful and debilitating. And a man with a wife can also be deeply debilitated when his wife is not there with him. MR. BUCKMAN: A serious threat to my mental and physical well-being is her eight Toy Poodles. All of them are special needs. And when she finally gets back home, hopefully she can share some of the responsibility because, quite frankly, I'm a cat guy. MS. VILLEGAS: Okay. No snakes. Cat guy. I like it. Anyway, I will be supporting you today. Thank you for being here and thank you for humility and honesty and sharing the complications in how this just fell through the cracks. Appreciate you. MR. BUCKMAN: I will check with County Council on the lychee affair. MS. VILLEGAS: Okay. We do like lychee. Or leechee if you want to say it that way. MR. BUCKMAN: Actually, the proper pronunciation is leechee, but I go with the flow. MS. VILLEGAS: Yeah. Okay. I like it. Thank you. CHR. KIMBALL: All right, Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I have known Art (Arthur) for a long time. In fact, I used to wait on him when I was a server in my previous life. I always enjoyed your company, and you are a very intelligent, thoughtful person. When you wait on people, you come to understand them in a different light. So I'll be fully supporting your nomination today and I appreciate you showing up. I completely understand why you weren't here at the last meeting, and I did not understand your past history as far as your biology background. And with your statements, I would ask that you spend some time talking with me afterwards, because we have some funding coming to us to control our coconut rhinoceros beetle. And your background may be extremely helpful to the department and our efforts to take care of it. So, separate but I'll be supporting your nomination today, and look forward to seeing what you do. And thank you for being here today, Art. CHR. KIMBALL: All right, I think you may leave the hot seat now. Yeah. And I think you're okay with the lychee. All right, let's go ahead and proceed with the vote, then, on closing file on Communication 850 and confirming the nomination Page 16 Hawaii County Council-41 June 5,2024 of Arthur Buckman to the Police Commission. All those in favor please say Ic aye. Vote on Comm. 850: The motion to confirm the nomination of Arthur Buckman (Approved) to the Police Commission 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. (Note: Due to the negative recommendation in Governmental Operations and External Affairs Committee Report No. 132, the report was not adopted.) 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. 496-24: 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 ISLAND LGBTQ PRIDE TO SUPPORT ITS 12TH ANNUAL PRIDE FESTIVAL Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 835 Intr. by: Ms. Kagiwada Postponed: May 1 and 15, 2024 (Note: There is a motion by Ms. Kagiwada, seconded by Ms. Lee Loy, to adopt Res. 496-24.) (Note: Comm. 835.1, from Council Member Jenn Kagiwada dated May 30, 2024, transmitting proposed amendments to Res. 496-24, was circulated.) Motion to Amend: Ms. Kagiwada moved to amend Res. 496-24 with the contents of Comm. 835.1. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kagiwada. Page 17 Hawaii County Council-41 June 5,2024 MS. KAGIWADA: Thank you so much. Just trying to get the support out to our Hawaii Island LGBTQ Pride organization. They had some technical issues with their IRS (Internal Revenue Service) status because it's taking the Feds a very long time to just get it posted. So we reached out, or they reached out to Equality HI (Hawai`i), which has a very similar mission to their organization. And Equality HI, which has no technical difficulties right now, is able to be the fiscal sponsor and allow us to get this money so that the Pride Festival on June 29h at the Mo`oheau Bandstand can occur and we can support them. So, yeah,just looking for your support on this amendment. CHR. KIMBALL: Thank you, Council Member Kagiwada. Any further discussion on this item? All right, seeing none, all those in favor,please say aye. Vote on Motion to The motion to amend Res. 496-24 with the contents of Amend: Comm. 835.1 was 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. Vote on Motion to Ms. Lee Loy moved to suspend Council Rule 23 to waive Suspend Council the holdover for the substantive amendment of Rules: Res. 496-24. 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. CHR. KIMBALL: Back to the discussion on the main motion. Council Member Kagiwada. MS. KAGIWADA: Just looking for everybody's support. Thank you. CHR. KIMBALL: Any further discussion on this item? If I may ask, Council Member Kagiwada, can you just confirm that you discussed changing the recipient of these funds for this event to a different nonprofit; it's okay in terms of legal process? Page 18 Hawaii County Council-41 June 5,2024 MS. KAGIWADA: Yes. CHR. KIMBALL: All right, great. Thank you. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 496-24: The motion to adopt Res. 496-24, as amended to Draft 2, Draft 2 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. Res. 514-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF EDUCATION, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, TO PROVIDE MEALS FOR THE COUNTY OF HAWAII SENIOR NUTRITION PROGRAM Reference: Comm. 871 Intr. by: Ms. Evans (B/R) Approve: GOEAC-137 Motion to Approve: Ms. Evans moved to adopt Res. 514-24 and Governmental Operations and External Affairs Committee Report No. 137. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Evans. MS. EVANS: This has to do with the Senior Nutrition Program providing meals. Basically, the Administration has asked that we pass this. So I am in support. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Any further discussion? Seeing none, all those in favor please say "aye." Page 19 Hawaii County Council-41 June 5,2024 Vote on Res. 514-24: The motion to adopt Res. 514-24 and Governmental (Adopted) Operations and External Affairs Committee Report No. 137 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. 515-24: AUTHORIZES THE MAYOR TO ENTER INTO A MULTI-YEAR AGREEMENT WITH THE UNIVERSITY OF HAWAII AT MANOA Allows the Department of Research and Development to enter into a five-year agreement to share the cost of funding two Extension Agent positions who will cover Indigenous Crops/East Hawaii Master Gardeners and East Hawaii Livestock. Reference: Comm. 872 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-163 and Comm. 872.2: From Economic Development Specialist Glenn T. Sako, Department of Research and Development, dated May 20, 2024, transmitting data in support of Res. 515-24. Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 515-24 and Finance Committee Report No. 163. Seconded by Ms. Kagiwada. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you very much. We had a good discussion at Committee level. Here we are at Council. Mr. Sako is here in chambers if anyone has questions. Look forward to everyone's support. CHR. KIMBALL: All right, any further discussion on this item? Seeing none, all those in favor please say "aye." Page 20 Hawaii County Council-41 June 5,2024 Vote on Res. 515-24: The motion to adopt Res. 515-24 and Finance Committee (Adopted) Report No. 163 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. 516-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF AGRICULTURE, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Allows for the receipt of$200,000 of State funds to control green waste, palms, and other "host material"to minimize breeding grounds of the Coconut Rhinoceros Beetle. Reference: Comm. 873 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-164 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 516-24 and Finance Committee Report No. 164. Seconded by Ms. Villegas. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. We do have the Deputy Director here this morning and Mr. Sako. Brenda, if you could,just give us a quick update of where you folks are at. I'm getting a lot of emails. There's a lot of concern about the beetle and what its impact is going to be on our island and a lot of different sectors. So I just want to understand where you folks are at right now. (Note: At this time, Environmental Management Deputy Director Brenda Iokepa-Moses came forward to address the members of the Council.) MS. IOKEPA-MOSES: Good morning. Brenda Iokepa-Moses, Deputy Director, Department of Environmental Management. Yeah. It's a big concern. It's kind of modified what we've had under our current contractual obligations with Hawaiian Earth Recycling, which they are responsible for any invasive species that come to the site. But, of course, County of Hawaii needs to assist and we have been. Where the green waste used to be able to have a certain livelihood at Page 21 Hawaii County Council-41 June 5,2024 the site until it gets mulched, they prefer that the green waste is not kept in abundance there because of the propagation of that beetle. When it gets to the mulching site it gets ground, which doesn't necessarily kill it. But the length of time that it sits there, which is a 15-day duration and the then the temperature reaches 131 degrees, I believe. That's what ensures that the beetle is no longer lively. So we've been assisting. We've had to get commercial haulers to help us because it's just a lot. So this grant will help us, one, with outreach and education to let the community know what to look for, and to report it as soon as they can so we can kind of isolate where it goes. We've been working with, of course, Department of Ag (Agriculture), Big Island Invasive Species, Hawaiian Earth Recycling, R&D (Research and Development). We've had kind of all of our hands in the bowl trying to make sure that it doesn't spread, to the best of our ability. We have a revisit againI think it might be tomorrow. They're coming back to revisit. But they have been very active with putting more traps out there, having the sniffing dogs out there onsite. So have been very helpful for us, and we've been clear since the last time that we've had an incident that was trapped there. So I think they're doing a good job in containing it, but it's going to be all hands on deck. And it's going to require more than just occasionally backhauling when we have time to do so. So we've had to hire commercial haulers. And this will help with outreach and education, as also if we need to get additional haulers to get that green waste moved. MR. KANEALI`I-KLEINFELDER: Okay. Good. Yeah. Wherever this beetle goes, it just devastates a hugeI mean, our ag producers, everyone. So I am glad that we're getting this funding. I want to make sure we address this head on. Mr. Buckman in the background actually hassorry, in the back, has an intensive background and I would ask that— MS. hatMS. IOKEPA-MOSES: I heard. Yeah. We have some job positions open at DEM (Department of Environmental Management). We'll take you. MR. KANEALI`I-KLEINFELDER: I don't know that he wants to. Yeah, I don't think he wants to. But you can lean on him for his knowledge and for if he can help at all. And I can just I was wanting to link you guys and here you are. MS. IOKEPA-MOSES: Yeah, because we're going to have to rely on some of our community outreach. Our community organizations are a big help to us to get the word out. So, as we get these educational and outreach information, we'll be reaching out to our County Council Members because you guys have the grassroots community groups that can really help us facilitate this information. Page 22 Hawaii County Council-41 June 5,2024 And then we also have a new body here. Heather Swafford. She's going to be our new outreach and educational specialist, one of the positions that the County Council approved for us. So we're happy to have her here, and she'll be helping with those engagements with the community. MR. KANEALI`I-KLEINFELDER: Good. This might be a nice first task to take on. MS. IOKEPA-MOSES: She's coming in hot. She has a lot for her to do. So we'll try to be gentle with her. MR. KANEALI`I-KLEINFELDER: Thank you very much, Brenda. I look forward to seeing what you do. Please make this a priority. MS. IOKEPA-MOSES: Yes, of course. MR. KANEALI`I-KLEINFELDER: I cannot stress that enough. MS. IOKEPA-MOSES: No, we understand. CHR. KIMBALL: Thank you. Council Member Evans. MS. EVANS: Thank you. I recently heard from a farmer in Kapa`au that the beetle was found in mulch that they had picked up. Don't know what the source of the mulch is, because I'm not sure we kind of have a chain of custody on our mulch to know where it actually comes from. MS. IOKEPA-MOSES: Right. MS. EVANS: But, obviously, they had bought it and brought it to this farm. The concern is it's more than just palms. It will actually attack fruit trees; certain red fruit is the one in particular. They're convinced it will attack the breadfruit tree. The question they had is they went online to do their own research, and they believe that the temperature in the green waste pile has to go much higher than 130 degrees to actually kill the beetle. So the question I had, are we engaged with the University of Hawaii CTAHR(College of Tropical Agriculture and Human Resources) extension agents, the scientists or the professionals giving us advice? MS. IOKEPA-MOSES: Yeah, I mean, that's why we have these contractors onboard. They're the experts for us. We pay them a lot of money every year. So Hawaiian Earth Recycling is the specialist, and we've been engaging with Department of Health, like I said, Big Island Invasive Species. You mentioned the temperature of the green waste site. We don't want the temperature to be 131 degrees on the green waste site. But when the mulch happens, that's where the temperature gets to that level. And if someone says they bought the mulch, Page 23 Hawaii County Council-41 June 5,2024 they're not getting it from the County because we don't sell mulch. We either do free for the community. That's one of our incentives for agricultural. So there's other places that are doing mulch, and of course, I'm not sure they're regulated, but we're very confident that Hawaiian Earth Recycling is doing all that they need to do to meet the obligations to—and like I said, we have traps onsite. So we feel confident with their ability to manage that. MS. EVANS: Nothing against us contracting things out, but my experience has been we contract with the private sector. And we, internally as government, did not have our own specialists or quality control over them. So how do you watch what they do to make sure they're giving us what our expectations are? Where is the quality control? MS. IOKEPA-MOSES: We have Craig Kawaguchi, who's not here today, but he's our recycling coordinator. He goes out to the site. We have two recycling specialists that also go out to the site to monitor inventory, and inquire about the traps and the findings. We are engaging with Department of Health and Big Island Invasive Species. So we're at the plate with our contractors, but of course, they're going to be the experts that we're leaning to and to control that site. That's their obligation,per their contract, is to control that site of invasive species. So we're at the table with them for sure but that's their duty. MS. EVANS: Are you the only agency right now working on this rhinoceros coconut beetle problem? MS. IOKEPA-MOSES: I think Glenn's here. R&D is always there with us. MS. EVANS: Do you mind, Chair, if I ask R&D one question? CHR. KIMBALL: Yes, of course. MS. EVANS: Okay. MS. IOKEPA-MOSES: Sorry, Glenn. (Note: At this time, Economic Development Specialist Glenn Sako, Research and Development Department, came forward to address the members of the Council.) MS. EVANS: Thank you for being here. And in this, you know, like the coqui frog, once it starts and it starts to spread, it goes up one side of the island, the other, and through gulches and etcetera. I just have some real concerns because this is identified, and now we're starting—it's out in Kapa`au. I'm starting to have concerns about how it's starting to be in different regions and areas of the island. So, from an agricultural perspective versus everybody's concern, you Page 24 Hawaii County Council-41 June 5,2024 know, the palms and the beautiful landscaping industry and our the palms is one thing, but it sounds like it could be more than that. And it possibly could affect our ag industry. So what involvement are you—what are you doing about this issue? MR. SAKO: Glenn Sako, Economic Development Specialist, working with agriculture with the Department of Research and Development. Regarding your question, we have been also involved with working with the Department of Agriculture in getting the word out. I think part of itone of the big things is the ignorance about the ability of this insect to spread is a big concern. And while we are focused on the commercial operations, since they have the largest volume, it's possible that the backyard gardeners and tree trimmers may be the source of the spread of the coconut rhinoceros beetle that most people are not going to be aware of, because there's a lot of movement of material that's taking place on a smaller scale. And ignorance of the lifestyle of the coconut rhinoceros beetle and what it likes to live in and what it likes to breed in is going to be one of the biggest concerns, which is actually why I took the opportunity to send out the, I think it was the Hawaii invasive species committees' handout on coconut rhinoceros beetle. And got it out to as many of my stakeholders, including, I believe, your council aides also to send out to your constituents. So we need to make sure we can educate the public as much as possible to try to slow down this spread of the coconut rhinoceros beetle. So we're engaged from an educational side and also supporting DEM and Department of Agriculture, including BIISC (Big Island Invasive Species Committee) also. MS. EVANS: When we saw the rat lungworm disease problem and we engaged everyone in trying to deal with that, it was a huge campaign, which went everywhere: radio, television, on and on. Personally, I think it rises to this level. I'm kind of hoping maybe this lends itself to a communication where we have you come and give us a little in-depth discussion about how we're going to do this public outreach. Because, I think it needs to be at the level of the rat lungworm disease. But thank you for your comments. MR. SAKO: You're welcome. MS. EVANS: I yield. CHR. KIMBALL: Thank you, Council Member Evans. Any further discussion? Yes, Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: To either one of you, but I think for Brenda, is HER (Hawaiian Earth Recycling) able to—can we support HER in doing more as far as heat treatment on the back end of the mulch that they are making, so we're ensuring it's not going out and being distributed across the island possibly Page 25 Hawaii County Council-41 June 5,2024 contaminated? I know that we're saying they're heating it, but there's other methods that we've been talking about as far as like Phase 2 of their plan, which is wind rowing and setting up the appropriate MS. IOKEPA-MOSES: Right. I mean, the contractors can hire their own help. I think the County is doing all that we can. We provide the site. We haul it to them. We backhaul. But they're comfortable and they talked to Department of Health, and Department of Health is very comfortable with HER's operation. They've been on the site. So they feel secure that that temperature check and that amount of times and the rotations that they have, 15 days, there's no way that this beetle can survive that. And they also have traps outside there. So I think that they're doing all that they're doing. But(inaudible), we have a meeting tomorrow. Is it tomorrow? MR. SAKO: (Inaudible.) MS. IOKEPA-MOSES: We'll have a follow-up meeting, and they're going to have the dogs and all those things. So we're going to be actively on that, but yeah. I mean, we can see if there's any other options that could be like a safety net, in addition to. Because, yeah, we understand it. We don't want it to spread, for sure. MR. KANEALI`I-KLEINFELDER: Yeah. Okay,perfect. Thank you. MS. IOKEPA-MOSES: Yeah, thank you. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Anything else? I'll just quickly note, if you guys didn't notice in the R&D budget, we did also add an additional 250,000 towards invasive species, which when we initially talked about it, it might have been Albizia, but we're going to have a partner with BIISC and see how we can utilize that. So, definitely appreciate that. And I didn't have a chance during the budget hearings to mahalo the department and the Administration for that investment. But I think it's a greatobviously, this is a very high concern. All right, moving forward, all those in favor of adopting Resolution 516-24, please say "aye." Vote on Res. 516-24: The motion to adopt Res. 516-24 and Finance Committee (Adopted) Report No. 164 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. Page 26 Hawaii County Council-41 June 5,2024 CHR. KIMBALL: Thank you, both. MS. IOKEPA-MOSES: I'll just stay here just in case you guys have any questions on the next item. CHR. KIMBALL: Okay. Res. 517-24: AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT (Draft 2) DOMAIN OF TAX MAP KEY: 8-6-008:011, SITUATED AT WAIEA, DISTRICT OF SOUTH KONA, COUNTY AND STATE OF HAWAII, FOR CONTINUED USE OF THE WAIEA RECYCLING AND TRANSFER STATION BY THE SOLID WASTE DIVISION OF THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT The County seeks to acquire approximately 2.282 acres of land to continue to operate the Waiea Recycling and Transfer Station. Reference: Comm. 874.2 Intr. by: Mr. Inaba(B/R) Approve: LAAC-58 Note: First of two required readings, Section 101-13, Hawaii Revised Statutes and Comm. 874.3: From Council Member Holeka Goro Inaba, dated May 23, 2024, transmitting proposed amendments to Res. 517-24, Draft 2. Motion to Approve: Mr. Inaba moved to pass Res. 517-24, Draft 2, on first reading and adopt Legislative Approvals and Acquisitions Committee Report No. 58. Seconded by Ms. Lee Loy. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: Thank you. We had discussion at Committee level, and I do have an amendment for today's Draft 2. Motion to Amend: Mr. Inaba moved to amend Res. 517-24, Draft 2, with the contents of Comm. 874.3. Seconded by Ms. Lee Loy. CHR. KIMBALL: Vice Chair Inaba, on the amendment. MR. INABA: Yes. This amendment just changes the "WHEREAS"that should haveoh, sorry, the first`BE IT RESOLVED." That should have been a "WHEREAS," as I had mentioned in the previous Committee hearing. So I ask for your support. Page 27 Hawaii County Council-41 June 5,2024 CHR. KIMBALL: Any further discussion on the amendment? Thank you for always being on top of the editorial correctness of our documents. All those in favor please say "aye." Vote on Motion to The motion to amend Res. 517-24, Draft 2, with the Amend: contents of Comm. 874.3 was carried by the following (Approved) 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. INABA: Motion to suspend our rules, Rule 23. MR. PERRY: Chair, there's no need to suspend the rules because this is the first reading of this reso (resolution). CHR. KIMBALL: Note, there is only one reading of a reso. MR. PERRY: This is an eminent domain proceeding. Pursuant to Hawaii Revised Statutes, it requires that the reso has at least two readings. CHR. KIMBALL: And that's why you scored so high on your parliamentary procedure exam. Well done. Okay. So no need to—well, we learn something every day. No need to suspend Rule 23. Back to the main motion. We are looking at Resolution 517-24, Draft 2, as further amended. I didn't recognize the motion, no. Yeah. Any further discussion on the main motion? Seeing none, all those in favor please say "aye." Vote on Res. 517-24: The motion to pass Res. 517-24, Draft 2, as amended to Draft 3 Draft 3, on first reading and adopt Legislative Approvals (Approved) and Acquisitions Committee Report No. 58 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. Page 28 Hawaii County Council-41 June 5,2024 STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON RES. 518-24 The following individual registered to speak and came forward when called by (COMM. 875): the Chair: A. Lono Lyman: In opposition. (representing Kapoho Land and Development (See Comm. 875.4) Company, Ltd., and Kapoho Land Partnership) CHR. KIMBALL: Thank you, Mr. Lyman. It's not protocol to take questions during testimony, but I think it might be good for you to stick on the line in case there are questions once we move into deliberations. Thank you. Res. 518-24: AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTIES BY EMINENT DOMAIN, BEING PORTIONS OF TAX MAP KEYS: 1-4-001:002 AND 1-4-001:003, SITUATED AT KAPOHO, PUNA, COUNTY AND STATE OF HAWAII, FOR THE RECONSTRUCTION OF LAVA INUNDATED ROADS, COUNTY JOB NUMBER E-4523, SPECIFICALLY POHOIKI ROAD Authorizes the Corporation Counsel to initiate proceedings in eminent domain for the taking, acquisition, and condemnation of private property for the purpose of widening Pohoiki Road to comply with current roadway standards. Reference: Comm. 875 Intr. by: Mr. Inaba(B/R) Approve: LAAC-59 Note: First of two required readings, Section 101-13, Hawaii Revised Statutes (Note: Comm. 875.1, from Council Member Holeka Goro Inaba dated June 5, 2024, transmitting a map regarding Res. 518-24, was circulated.) Motion to Approve: Mr. Inaba moved to pass Res. 518-24 on first reading and adopt Legislative Approvals and Acquisitions Committee Report No. 59. Seconded by Ms. Kierkiewicz. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: We do have a representative from the landowner online, but I would like to hear from Council Member Kierkiewicz as this is in her district. Thank you. CHR. KIMBALL: Thank you, Vice Chair Inaba. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. If I could have member's leadership from the Department of Public Works come forward. I just want to get some Page 29 Hawaii County Council-41 June 5,2024 clarity for the record because this is being characterized as an unfriendly condemnation. (Note: At this time, Public Works Director Stephen Pause came forward to address the members of the Council.) MS. KIERKIEWICZ: Director Pause, I'm not sure if you're aware of the testimony that property owner Lono Lyman provided for the record. But he summarized a couple of points, which I think are worth noting and addressing, one being not informed. And so I'm curious as to how we got to this particular point where we are now condemning portions of his property in order to move forward with restoration of Pohoiki Road. I don't think he's in disagreement with restoring this critical infrastructure for Lower Puna. I think there just might be some disagreement in how we got here. So I'm curious how we got here, and I also wonder how many alternative options did we explore before the department came to the decision that this particular realignment was the best approach for us to take. MR. PAUSE: Hi. Steve Pause, Director of Public Works. Thank you for those questions. I'll try to remember them in the order that you gave them. Let me start with the issue of realignment. There isn't a realignment. What we have here is a 50-foot right-of-way. The location is upper Pohoiki Road, and it's near the intersection of Kapoho-Pahoa Road. There's lava inundation, five to twenty feet or so-ish. And the 50-foot right-of-way that the County has for its roadway, what the purpose of needing additional real estate is to cut back slopes for the new roadway. So the new roadway, once it's built, in order to CHR. KIMBALL: Can we have our folks on Zoom please mute on their side? Thank you. MR. PAUSE: So, in order to build the roadway, we'll need to slope back from the roadway. So that's really the purpose of needing the property. There has been, and Mr. Lyman speaks of Ben Ishii, which predates me, but there had been discussions through time at various times. I've got some dates. My public information officer Sherise is here. But she reminds me of the dates that we actually had conversations, Zoom calls, in November of'22 and February '23. We also received communication dated November 2nd of'23 from Mr. Lyman that indicates that he would be reluctant to provide any right of entries or any property associated with the lava restoration projects. He did not specifically identify these two parcels, but there was a list of seven or eight other parcels. So we took that as meaning that, knowing that we needed right of entry to be able to go out and effectuate the work, that he was not willing to work with us on right of entry. So then we pursued this path. Page 30 Hawaii County Council-41 June 5,2024 Again, the purpose of what we're doing here is really to restore the road to its previous condition. And the work will really involve just doing grading and cutbacks of slopes on his property. MS. KIERKIEWICZ: Director, on the communication piece, you mentioned a few dates. So those were a couple of touch points that your department had with the property owner. I think you mentioned November of'22 and then February of '23. And then you said—was there a letter or a meeting after the EA (environmental assessment) was issued and there was a FONSI, a Finding of No Significant Impact, which essentially gave the department the green light to start planning for restoration more seriously? MR. PAUSE: Correct. That FEMA (Federal Emergency Management Agency) work, the EA, was completed in October, early November. And our department did receive a letter from Mr. Lyman dated November 2nd of'23, again providing us with his stance relative to any access to his properties, his parcels. MS. KIERKIEWICZ: And did you try to meet with him after that letter? Because when I spoke to Mr. Lyman, he said that the door remains open for negotiation. And I just wonder again how much more engagement did we have, as the County, with him after that letter. MR. PAUSE: I had communication with him in January of'24. I'm trying to understand the concept of negotiation. This is a fairly, in my mind, a fairly simple project. We're looking for 15 feet of property along our road on both sides and it's fairly simple. I believe a simple right of entry could have also resolved this as well. But again, we were under the belief that, and I have the letter that said, no, the landowners would not be willing to provide any level of access to the land. So this is the way we proceeded. MS. KIERKIEWICZ: Thank you. That's very helpful because, Mr. Lyman, we've had conversations. He's also submitted testimony for the record. Then there is your replaying of events. So I'm just trying to come to the middle here and figure out what the facts are. And I completely understand where the department is in trying to restore this critical infrastructure, but Mr. Lono [sic] having a right to protect his interest. So thank you. I'm really sorry that it has come to this. I hope that there is still some way for us to mend relationships with Mr. Lyman. I do want to see our community wants to and needs to see the restoration of this critical infrastructure. So I will be supporting this resolution today and encourage my colleagues to do the same. But I do hope that the department will reach out to Mr. Lyman after this meeting to do some relationship repair. Thank you, Chair, I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council Member Kaneali`i-Kleinfelder. Page 31 Hawaii County Council-41 June 5,2024 MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Thank you for being here today, Director. Looking over their report from our last meeting, it does look fairly simple as far as what you're asking for, 15 feet. Why is the 15 feet necessary? That section of road is—I've driven down it many times, but— MR. utMR. PAUSE AND CHR. KIMBALL: But not recently. MR. KANEALI`I-KLEINFELDER: Not recently, yeah. MR. PAUSE: So there's a need to cut back. Once we've gone through and we've removed the lava that's on the road, and again whatever level depth it is, there's a need to slope back from the roadway itself. We don't want to leave vertical lava walls, if you will. So I talked with our engineering folks, and I think we've arrived at a one-to-one slope, which is nominal but it's also, from a geotechnical standpoint, to be fine for the type of materials we're dealing with. So that's really what we're looking to do, is to be able to step back from the shoulders and improve line of sight as well as just improve the overall roadway. MR. KANEALI`I-KLEINFELDER: Okay, that makes sense. And you did speak to Mr. Lyman? MR. PAUSE: I have not had a recent conversation, but I have had conversations in the past, yes. MR. KANEALI`I-KLEINFELDER: In January 2024? MR. PAUSE: Yeah. MR. KANEALI`I-KLEINFELDER: Okay. Yeah. I'll be supporting this today and understand the need. And I also, I mean, and just correct me if I'm wrong, but within the condemnation forms a negotiation of some sort with the landowner. Correct? MR. PAUSE: I guessI also have Corp. Counsel with me as well today. But I guess, to a certain degree, we are trying to move the project along because it's such a benefit to the community, and in the end, recognizing that we had had previous correspondence indicating a reluctancy to work directly with us. We felt, at the time, that this was the best way to move forward. MR. KANEALI`I-KLEINFELDER: Again, as part of the proceedings of a condemnation, there will be some sort of a negotiation. Correct? MR. PAUSE: I just committed to Council Member Kierkiewicz that we would be following up with him as well. Yes, in but the reality of it is that once condemnation is approved, we move forward with legal filings. We've done Page 32 Hawaii County Council-41 June 5,2024 appraisals for both pieces of property. We file the necessary paperwork and we move forward. But again, I've committed to do a follow-up conversation. MR. KANEALI`I-KLEINFELDER: That's good. I think I'm making it clear that "as you proceed." It's not just that we take. It's that there's a discussion that will come forward and then there will be MR. PAUSE: There will be, yes. MR. KANEALI`I-KLEINFELDER: Negotiation. You've done the appraisals. There's a value assessed and then you go from there. MR. PAUSE: Yeah. MR. KANEALI`I-KLEINFELDER: Thank you. MR. PAUSE: Thank you. MR. KANEALI`I-KLEINFELDER: I yield, Chair. Thank you. CHR. KIMBALL: Thank you, Council Member. Over to Council Member Evans. MS. EVANS: Thank you. So I'm looking at the map in the amendment language. Submits map from DPW (Department of Public Works). Okay. So what's interesting is where it begins and ends. And so, going back to the Committee report, I'm reminded that you issued a contract with Isemoto to go out and work on the road. So am I to make the assumption that the other landowners, the other people who had, I guess, theirI guess I'm trying to figure out, it's so clean and neat the way that you put together the map. And I have to assume the lava goes beyond these points. So you're not having trouble with anybody else on that road? Point of MR. PAUSE: Two things. Just as a point of clarification, this was the second Clarification: phase of work. The first phase of work starts up at Four Corners and proceeds south on Highway 137 to the bottom of Pohoiki. That work has been bid out, and a contract has been awarded to Isemoto. That's not this here. That's the other end of the area. This particular work is under final design and has not gone out to bid yet. But to follow back up, yes, we dealt with 129 different parties with rights of entry and land. These two parcels are the only parcels that we've gone to the extent of doing condemnation. The others were all cooperative, and we were able to obtain all the standard legal agreements we needed to access their properties. Page 33 Hawaii County Council-41 June 5,2024 MS. EVANS: Oh, it's unfortunate. It's unfortunate we got to this point. Mr. Lyman, if you're listening, I'm sorry it got to this point. But, for the common good, it seems like the right thing to make sure that we finish this road. It's not my district but I'm sure this is going to be important to get this finished. So I yield. CHR. KIMBALL: Thank you, Council Member Evans. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. Just one final thing. Director, you said the last communication with Mr. Lyman was in January. We heard this resolution in May. Maybe next time, out of courtesy, again I don't know if you sent a copy to Mr. Lono Lyman out of courtesy, a copy of this resolution, and noticing him that it would be heard publicly,just, you know, I'm always looking for what are the nuggets of wisdom we can glean from these situations. So, again,just encouraging closer coordination with property owners in the event this ever happens again. Thank you. MR. PAUSE: Thank you. I hear you on that. Thank you. CHR. KIMBALL: Thank you, Council Member. Anyone else? Seeing none, all those in favor of adopting Resolution 518-24, please say "aye." Vote on Res. 518-24: The motion to pass Res. 518-24 on first reading and adopt (Adopted) Legislative Approvals and Acquisitions Committee Report No. 59 was 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. Page 34 Hawaii County Council-41 June 5,2024 Res. 519-24: AUTHORIZES THE CONTINUED EMPLOYMENT OF LEONG KUNIHIRO BROOKE AND KIM, AS SPECIAL COUNSEL TO REPRESENT THE COUNTY OF HAWAII, DEPARTMENT OF HUMAN RESOURCES, WORKERS' COMPENSATION DIVISION Extends the retention of Special Counsel Services with additional compensation of $300,000 and total compensation not to exceed $600,000. Reference: Comm. 876 Intr. by: Ms. Evans (B/R) Approve: GOEAC-138 Note: Requires 2/3 vote of the entire membership, pursuant to Section 6-5.5, Hawaii County Charter Motion to Approve: Ms. Evans moved to adopt Res. 519-24 and Governmental Operations and External Affairs Committee Report No. 138. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. I know we had quite a bit of discussion, I think, in Committee hearing, but I think it'sI look forward if any of my colleagues have any questions on it. But, yeah, every time we do these, adding more money, I'm always questioning the side bars and the control of expenditures. So just an editorial comment. Thank you. I yield. CHR. KIMBALL: Thank you, Council Member Evans. Any further discussion on this item? Seeing none, all those in favor of adopting Resolution 519-24, please say "aye." Vote on Res. 519-24: The motion to adopt Res. 519-24 and Governmental (Adopted) Operations and External Affairs Committee Report No. 138 was carried by the following voice vote: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Inaba—2. Excused: None. Page 35 Hawaii County Council-41 June 5,2024 Res. 526-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR PARK MAINTENANCE AND/OR IMPROVEMENT PROJECTS IN COUNCIL DISTRICT 7 Transfers $44,100 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Transfer to Capital Projects Fund-General account. Reference: Comm. 887 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 526-24. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Villegas. MS. VILLEGAS: We ended up with a significant amount of contingency relief funds still available within our office. Unfortunately, there were a number of complications and questions around contingency relief fund allocation and the number of the organizations that I and we had hoped to support during this last fiscal year. We're not able to come to fruition. However, I am deeply grateful for the continued support of Parks and Rec. (Recreation) and Director Maurice Messina in his diligent and fervent work to provide improvements to the parks in District 7. And I am grateful for their willingness to receive these funds and utilize it for some of the really exciting projects we have coming up to refurbish some of our facilities that are in dire need of love and some TLC (tender loving care). So I just ask for my colleagues' support in this. And once again, thank you to Parks and Rec. And also thank you to my staff and team who have worked so hard to try and find the alignment with nonprofit organizations that have come forward for contingency relief funds, but things have not worked out. I thank them for the patience and the communication. And looking forward to, in this next fiscal year, hoping we will all have some clarity on what's allowed and what the parameters are so we can smooth that process and ensure that contingency relief funds, our public tax dollars, are able to be allocated in ways that serve the greatest public good. I yield. CHR. KIMBALL: Thank you, Council Member Villegas. Any further discussion on this item? Seeing none, all those in favor please say "aye." Page 36 Hawaii County Council-41 June 5,2024 Vote on Res. 526-24: The motion to adopt Res. 526-24 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. 527-24: 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 HAWAIIAN HOMESTEADERS ASSOCIATION INC. TO PURCHASE A BRONZE PLAQUE FOR THE JAMES "JIMMY" CORREA BALLFIELD AT DR. FRANCIS F. C. WONG STADIUM Transfers $3,883 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. 888 Intr. by: Ms. Lee Loy (Note: Comm. 888.1, from Council Member Susan L. K. Lee Loy dated June 4, 2024, transmitting proposed amendments to Res. 527-24, was circulated.) Motion to Approve: Ms. Lee Loy moved to adopt Res. 527-24. Seconded by Ms. Kagiwada. CHR. KIMBALL: Council Member Lee Loy. MS. LEE LOY: Thank you. If I could invite Mr. Mo Messina, Maurice Messina, Director of Parks and Recreation, to come forward. (Note: At this time, Parks and Recreation Director Maurice Messina came forward to address the members of the Council.) MS. LEE LOY: It's taking a minute to walk out. I'm actually really proud on how quickly this project went through. It started with a petition from our community, and then this body adopting a bill to name it after our good friend Jimmy Correa, and then money from the State. So a CIP (Capital Improvement Project)project to help repair the field. And now,next Saturday, June 15'', we're going to have a blessing. And, Mo, if you could share a little bit about what this funding will do to enhance the park and the approach that we're taking, as far as the entryway and how we're recognizing some of the pillars of our community with this money. Page 37 Hawaii County Council-41 June 5,2024 MR. MESSINA: Absolutely. Good morning. Maurice Messina, Director of Parks and Recreation. This is going to help the money going to this nonprofit is going to make the bronze plaque for Mr. Correa. Our department is currently fabricating the new signs for Francis Wong Stadium and the ballfield naming. And so this is, more or less, like our continued efforts to recognize those pillars of our community. We've done special things at certain areas in Parks and Rec. facilities. And I remember there was one really late night in front of Council where you guys heard a lot of testimony, everyone supporting this. Our department fully supports this, and we hope that there's a lot of people that can come out on the 15'h at 10 a.m. at the stadium for the ceremony. We don't see any roadblocks once this goes through. MS. LEE LOY: Great. Thank you. And again, reminder to you and members of the public watching, 10 a.m. Saturday, June 15''. Thanks, Mo. And for my colleagues, currently there's a plaque of Dr. Francis Wong on the pillar as you go up the ramp. And this plaque will be on the pillar right next to it. So it will serve as a bookend, like bookends, and really enhance that entryway for the facilities. With that, I have an amendment because I had to write this public purpose part into it. Motion to Amend: Ms. Lee Loy moved to amend Res. 527-24 with the contents of Comm. 888.1. Seconded by Mr. Inaba. CHR. KIMBALL: Go ahead on the amendment, Council Member Lee Loy. MS. LEE LOY: I ask for my colleagues' support. CHR. KIMBALL: Any further discussion on the amendment? All those in favor please say "aye." Vote on Motion to The motion to amend Res. 527-24 with the contents of Amend: Comm. 888.1 was 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 38 Hawaii County Council-41 June 5,2024 Vote on Motion to Ms. Lee Loy moved to suspend Council Rule 23 to waive Suspend Council the holdover for the substantive amendment of Rules: Res. 527-24. 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. Vote on Res. 527-24: The motion to adopt Res. 527-24, as amended to Draft 2, Draft 2 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. Res. 528-24: 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 ENVIRONMENTAL RESTORATION TO SUPPORT ITS EFFORTS ON RESTORING AND PRESERVING THE KEAU'OHANA STATE FOREST RESERVE Transfers $6,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 889 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 528-24. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. It's really my privilege to, once again, be awarding Hawaii Environmental Restoration with some contingency funding to continue their good work of restoring and preserving the Keau`ohana State Forest Reserve in Puna. It is the largest and most intact lowland rainforest, below 1,000 feet, in the State. So the work that they do there is incredibly important, and so just looking for everyone's continued support on this. Thank you. Page 39 Hawaii County Council-41 June 5,2024 CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Any further discussion? I'll just add that one of the courses I took in part of my tropical conservation biology program was down there. We did some studies down there. Awesome area and definitely want to support that preservation/restoration. So all those in favor of adopting Resolution 528-24, please say "aye." Vote on Res. 528-24: The motion to adopt Res. 528-24 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. Relinquish Chair: At this time, Chair Kimball relinquished the chair to Acting Chair Inaba. Res. 531-24: REAFFIRMS THE SISTER CITY RELATIONSHIP BETWEEN THE COUNTY OF HAWAII AND HUALIEN COUNTY IN TAIWAN AND URGES THE MAYOR TO ENTER INTO A FORMAL AGREEMENT TO RE-ESTABLISH SAID RELATIONSHIP Reference: Comm. 894 Intr. by: Ms. Kimball Waived: GOEAC Motion to Approve: Ms. Kimball moved to adopt Res. 531-24. Seconded by Ms. Kagiwada. ACTING CHR. INABA: Council Member Kimball. MS. KIMBALL: Thank you. So, exciting news. We have a sister city that we established a relationship with in TaiwanHualien that had basically gone dormant and quiet for quite some time until they recently reached out to us and said, "Hey, we want to get together and rekindle our relationship." And we are, of course, excited to do that with various sister cities across the County. We have our sister city administrator, specialist, outreach coordinator. I forget what your exact title is over there, Ms. Clement, but if you would, could you make a few comments on the restoration of this sister-city relationship? (Note: At this time, Executive Assistant to the Mayor Jane Clement came forward to address the members of the Council.) Page 40 Hawaii County Council-41 June 5,2024 MS. CLEMENT: Sure. Good morning, Chair and members of the County Council. My name is Jane Clement. I am the Sister City Program Director here on behalf of the Mayor and asking for your support for Resolution 531-24. As Chair Kimball mentioned, we are reaffirming the sister-city relationship with Hualien County. This sister-city relationship was first signed in September of 1971 with Mayor Shunichi Kimura. It has remained dormant for many years, and generally, we don't do a resolution to reaffirm a sister-city relationship. However, this is a very unique situation because, again, it has been dormant for many years and we thought it just makes sense to have the Council give the Mayor a reauthorization to enter into agreement with them again. MS. KIMBALL: Thank you so much. So, happy to take any questions from my colleagues. Again, we did advance this straight to Council because we have our guests visiting next week from the sister city. So we wanted to make sure that— this hatthis week! Oh gosh! This Fridy. MS. CLEMENT: This Friday. MS. KIMBALL: Yeah, okay. Okay, we've been working too hard over here. Yeah, so this week we have them visiting. So, really, this is our last opportunity to pass this resolution, so I ask for my colleagues' support. ACTING CHR. INABA: Thank you. Any discussion? All right, I just have one question. Ms. Clement, is there a new agreement being signed? I think I heard you say that. I just want to confirm what's happening. MS. CLEMENT: No, this is a reaffirmation agreement. We don't have to start it over like a new sister-city agreement, because there wasn't any resolution to dissolve the agreement in the past. So, in essence, it is still active although it's been dormant. ACTING CHR. INABA: Okay, understood. Thank you. All those in favor of approving Resolution 531-24, please say "aye." Vote on Res. 531-24: The motion to adopt Res. 531-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba–8. Noes: None. Absent: Council Member Galimba– 1. Excused: None. Relinquish Chair: At this time, Acting Chair Inaba relinquished the chair to Chair Kimball. Page 41 Hawaii County Council-41 June 5,2024 Res. 533-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE DEPARTMENT OF RESEARCH AND DEVELOPMENT Allows for the receipt of$100,000 of State funds for the planning phase of the Waste-to Wealth project in Hilo. Reference: Comm. 897 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 533-24. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Thank you, Chair. Mr. Sako, are you representing this one? Thank you. (Note: At this time, Economic Development Specialist Glenn Sako, Research and Development Department, came forward to address the members of the Council.) MR. KANEALII-KLEINFELDER: Thanks for being here this morning. I really just have one question for this one, unless something else comes up. The hundred thousand dollar match for the Waste-to-Wealth grant to take gorse and turn it into a potential feedstock, love the idea. I feel like we've done this before, though. I wanted to check in. I feel like there is a $500,000 grant that was, maybe not through us or was through us, that went to an organization to do exactly this. And I'm just wondering why we're now doing, I think, from reading this was for the community outreach and public services or something like that? MR. SAKO: Yes. MR. KANEALII-KLEINFELDER: What's the deal? MR. SAKO: Glenn Sako, Economic Development Specialist, Department of Research and Development. So this Waste-to-Wealth grant, actually they started the legwork on this I believe a couple years ago, and probably experienced some problems in getting this thing put together. So,just recently, I would say in this spring, we started working with DBEDT (Department of Business, Economic Development and Tourism) and Department of Accounting and General Services to get these funds moved to the Department of Research and Development. Page 42 Hawaii County Council-41 June 5,2024 So what's been happening now, the original, as you had mentioned that$500,000 through DHHL, Department of Hawaiian Home Lands, that was for the operation of the Pana`ewa feed mill. They also started the harvest of the gorse to bring it down. And they had other tests that they had to do to certify that the product was sterile when it came down because gorse is a noxious weed. But they found that they had problems with that feed mill because either the way how it was being, I'm going to say I'm not an engineer, but the process, they were encountering some problems. And so they have moved their pelletizing operation to, I believe, out to Kawaihae. So there's some planning and design work on getting that straightened out. And also, they had put in for outreach, originally, in this original request I guess to increase the awareness about this feed, once they get it finalized. And so then, hopefully, there will be a movement from agriculture producers to purchasing this local feed, which would then increase the demand so that they could then continue this operation and removing the gorse up on Mauna Kea slopes and processing it into a usable feed. MR. KANEALI`I-KLEINFELDER: Okay. So funding from DBEDT came directly to R&D specifically for this one program? MR. SAKO: Yes. Well, that was my understanding because it has been listed for that gorse program. And I just wanted to clarify we are still working on getting this funding. We expect it to be completed in time. I've been in communication with DBEDT and DAGS (Department of Accounting and General Services) and making sure that this thing is moving along. We're also matching this grant with $100,000 from R&D also. MR. KANEALI`I-KLEINFELDER: So basically 200,000, then, is going to be provided to the same folks who've been working on this project. MR. SAKO: That's correct. MR. KANEALI`I-KLEINFELDER: And then what has—has there been any outcome so far from what they were doing? MR. SAKO: So far, on the because I submitted their report to the State Leg. (Legislature), and what it is, is they did determine that the product that they had harvested passed certification tests. They sent samples to Oregon State and they certified that the product was sterile. That was needed so that they could bring it off the mountain, down to Pana`ewa, to start processing it. Then what they did find was they were working with a UH Hilo (University of Hawaii at Hilo) researcher, who apparentlyI guess he's not available now. So they have reached an agreement with the University of Hawaii at Manoa, College of Tropical Agriculture and Human Resources, a livestock researcher Page 43 Hawaii County Council-41 June 5,2024 over there, to continue the work on developing the recipe to balance this livestock feed so that it would have the proper balance of protein, other nutrients that are found in feedstock. And it's actually a three-part feedstock: gorse, macadamia nut shavings, and algae byproducts. MR. KANEALI`I-KLEINFELDER: Okay, so they've got certification for sterility of the product. They are still developing overall product, and we are $700,000 in. MR. SAKO: We will be. MR. KANEALI`I-KLEINFELDER: We will be with the passage of this. There's a sister bill to this too. So the funding source is in question or ? MR. SAKO: It's not in question. It's just that we're going through the process to get the approval. So, in my working with DBEDT and DAGS, they felt we're moving well ahead of schedule that we will be able to finish this before the end of the fiscal, and the Governor will approve it. MR. KANEALI`I-KLEINFELDER: Okay. I like the project. I had a lot of hope in this project. It's a great aspect towards sustainability, resiliency, cheaper alternatives for feed for our livestock. MR. SAKO: Sure. MR. KANEALI`I-KLEINFELDER: I am concerned right now that we're $700,000 in, and we're still trying to figure out what we're doing. MR. SAKO: Yeah, I'm in communication with the nonprofit and working with them on this. MR. KANEALI`I-KLEINFELDER: Okay. Overall, I support it. I want to see it succeed. I'll keep in touch with you regarding this project. Thank you. MR. SAKO: All right. MR. KANEALI`I-KLEINFELDER: Thank you. I appreciate you. MR. SAKO: Thank you. MR. KANEALI`I-KLEINFELDER: I yield, Chair. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Any further discussion on this item? Council Member Evans? Page 44 Hawaii County Council-41 June 5,2024 MS. EVANS: Just a question. So, if all the approvals come through, then the nonprofit will move forward and start up a business? MR. SAKO: Eventually. I don't know how they plan to take this information, whether they're going to be doing it as a business or they would have to perhaps set up a for-profit entity. Or they just might do it. I'm not sure. I cannot speak for them. MS. EVANS: I guess I'm hearing like there's one entity. If in fact this proves out to be a really good livestock, I'm assuming anybody has access to this information? And basically, Parker Ranch, who might have gorse and a lot of other stuff, might be able to have a business model and stand it up. Are we going to get competition in the market? I guess I'm just wondering how you see it playing out because we keep talking about one entity. MR. SAKO: One of the problems is you need a processing site. And so anybody who wants to take this information and set up a feed processor is going to encounter, I guess, a large bill because I think thatPana`ewa feed mill was, if I recall, was $20 million. And it wasn't, from what I was told, it's still they have some problems with the design and the (inaudible). I don't think it's going to be a big challenge because I think that if they can determine how much feed would be used locally, that would help them to, in the design and the procurement of funds, to set up such an operation. MS. EVANS: I guess what I'm hearing is we keep talking about this one entity, and it just seems like we'reI think the good thing is government is trying to solve the problem of gorse, which has been a huge problem. And I love that we need to lower the cost of feeding our—local food, we need to get the cost down to the consumer, right. So this really has so many benefits. I'm just seeing the other end of after we, the taxpayers, already pays the money to get this figured out, you know, who's the beneficiary. So it's potentially any business who has a good business plan and has the access to getting the products, and can make that business work and sign all those agreements with the algae folks. And I see this as quite a business venture is what it's going to be. And so I'm just kind of building on what Member Kaneali`i-Kleinfelder said is I think we keep investing in something that really is a good thing, but hopefully, the competition or the business model is there. Because if they don't make a profit, will thisI guess will this turn into something? MR. SAKO: Well, it's possible, this nonprofit group, in terms of taking this technology and scaling it up to make it available might be beyond their capacity. And that they would beI would encourage them to work with our business specialist to see what options they have or how can they partner with another entity to increase the amount of product that could come to market and (inaudible). Page 45 Hawaii County Council-41 June 5,2024 MS. EVANS: So,just to be curious, if this is for the benefit of a nonprofit, I assume they have to report measurable outcomes and MR. SAKO: Yes. MS. EVANS: Yeah. Is that something that you get? MR. SAKO: I have reviewed their annual report and submitted it to the State Leg. I can provide that report to the Council. MS. EVANS: Please do. Because, we keep funding something and the nonprofit seems to be the beneficiary. So we should see what they're doing with the money and what the outcomes are. Yeah. We need to be very transparent I think on this one but thank you. I yield. CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 533-24: The motion to adopt Res. 533-24 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. CHR. KIMBALL: We'll go on to the next item here, although briefly, folks, we do have a very full agenda with some pretty complex items later on the agenda. I want to make sure we keep our discussion focused and to the relevant points to your decision-making. If there's deeper conversations you want to have, I encourage you to do that at a later point. But we have a lot to get through today, and we had a very full day yesterday. Res. 534-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF HEALTH, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Allows for the receipt of$10,000 of State funds to hold a free used tire collection and disposal event for Hawaii County residents with educational outreach associated with tire waste. Reference: Comm. 898 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Page 46 Hawaii County Council-41 June 5,2024 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 534-24. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. We do have our Deputy Director here, and I want to give her a minute. This is actually a really neat project we've been working on for a while. Brenda, you can go ahead and fill us in on where we stand today, then I'll speak after you go. This was waived to Council. (Note: At this time, Environmental Management Deputy Director Brenda Iokepa-Moses came forward to address the members of the Council.) MS. IOKEPA-MOSES: Thank you. Brenda Iokepa-Moses, Deputy Director, Department of Environmental Management. I want to recall the 100,000 instead of the 10,000 that the Clerk had mentioned, but we're grateful to get the 10,000 from the State of Hawaii. They've entered into a Memorandum of Agreement with us to do a tire event. So thank you to Council Member Matt Kaneali`i- Kleinfelder and also Council Member Sue Lee Loy. We've been having discussions for months to try to figure out how we can clean up our `aina without costing the public money to do so. And if you take a tire to a business that receives them, they don't just take them for free. They charge you for that disposal. So, anyway, we're working with the tire Lex, I think—well, I'm not very much in the tire company yet, but we're working with the tire company as a joint effort. DEM's employees will be on hand to facilitate this event. And we're also grateful to get$10,000 worth of money to pay for the disposal of two containers worth of tires. We anticipate this is going to be a pilot program, but we fairly hope that this is either annual or even quarterly. We don't know what the outcome of this event's going to be or how many people are going to be there or if we're going to have more than two containers of tires. Whatever that is, we're going to use it to have future events with partners, and hopefully, we can coordinate it with one of our events like white goods or something else so we can maximize our employees. But, yeah, we're excited to have this, and I think it's going to be a great project. MR. KANEALI`I-KLEINFELDER: Thank you, Brenda. I really cannot commend our Deputy Director and Mr. Craig Kawaguchi who helped get all this done. There was a lot of meetings and a lot of background and a lot of coordination with a number of different entities and the departments and the Council Members. So thank you for getting us to this point. It's nice, too, the State providing some funding back to us to help put this on because they do have a kuleana as well. Page 47 Hawaii County Council-41 June 5,2024 What will come out of this will be free tire disposal events. That is an amazing opportunity for our community. I have received a number of emails and phone calls about why and what we can do to take care of the tires that pile up in our communities. This does that and gets us moving in the right direction. MS. IOKEPA-MOSES: I think one of the things that the State brought to us before they allowed us to have some money is that it needs to be outreach and education as well. So we're going to have—it's going to be a good event. Outreach and education and maybe some refreshments and stuff for the kids. MR. KANEALI`I-KLEINFELDER: And the big part was "free." MS. IOKEPA-MOSES: Yes. Free. MR. KANEALI`I-KLEINFELDER: We're not charging per tire. We're just taking the tires and taking them out of the community. MS. IOKEPA-MOSES: We're taking them for free. Yeah. MR. KANEALI`I-KLEINFELDER: Thank you again to you and to your staff MS. IOKEPA-MOSES: I'll surely pass on the message. MR. KANEALI`I-KLEINFELDER: And to Council Member Lee Loy's office as well. MS. IOKEPA-MOSES: Yes. Thank you. MR. KANEALI`I-KLEINFELDER: I yield, Chair. CHR. KIMBALL: Great. Thank you. Any further conversation on this item? Council Member Villegas. MS. VILLEGAS: Sorry, it probably doesn't apply; I just wondered if we would take up Bill 171, the connecting piece,just to get them both taken care of. MS. VILLEGAS: I'm just going in order today. Thank you, though. So we're on the main motion, Resolution 534-24. Any further discussion? Seeing none, all those in favor please say "aye." Page 48 Hawaii County Council-41 June 5,2024 Vote on Res. 534-24: The motion to adopt Res. 534-24 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. 535-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR MAINTENANCE AND/OR IMPROVEMENT PROJECTS AT VARIOUS PARK FACILITIES AND POOLS IN COUNCIL DISTRICT 1 Transfers $12,850 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Transfer to Capital Projects Fund-General account. Reference: Comm. 900 Intr. by: Ms. Kimball Motion to Approve: Mr. Inaba moved to adopt Res. 535-24. Seconded by Ms. Lee Loy. CHR. KIMBALL: I just ask for my colleagues' support. We have a few minor repair items that we want to see get done before the end of the fiscal year. So, if you wouldn't mind supporting this resolution, I'd appreciate it. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 535-24: The motion to adopt Res. 535-24 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. CHR. KIMBALL: Do we want to do like a five-minute bio break for everybody? Okay, let's do a five-minute bio break, reconvening at 11:45. Thank you. Recess: At 11:40 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 11:50 a.m. Page 49 Hawaii County Council-41 June 5,2024 BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): Bill 125: AMENDS CHAPTER 6 OF THE HAWAII COUNTY CODE 1983 (Draft 4) (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO COMMERCIAL BICYCLE TOURS Establishes annual registration requirements for any person or business operating a commercial bicycle tour and that the County Council may prohibit the operation of commercial bicycle tours on designated portions of public highways if transportation and public safety officials determine that operating the commercial bicycle tour on the designated portion of a public highway poses a threat to public safety. Reference: Comm. 679.72 Intr. by: Ms. Evans Negative: PCPLUD-9 (Due to a vote of 4-ayes, 4-noes, 1-absent) Postponed: March 20, May 1, and May 15, 2024 (Note: There is a motion by Ms. Evans, seconded by Ms. Villegas, to pass Bill 125, Draft 3, as amended, on first reading.) (Note: Comm. 679.73, from Council Member Ashley L. Kierkiewicz dated June 6, 2024, transmitting proposed amendments to Bill 125, Draft 4, was circulated.) Motion to Amend: Ms. Kierkiewicz moved to amend Bill 125, Draft 4, with the contents of Comm. 679.73. Seconded by Mr. Inaba. CHR. KIMBALL: Go ahead, Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. This communication outlines amendments to Bill 125, related to commercial bike tours and annual registration with the County. There were some questions and requests for clarification within this process by the body when we last spoke on this a couple of weeks ago. We've made those changes. And I've also worked with the Department of Public Works, specifically Director Pause, to refine the section related to what they will be considering should requests by the Council be sent to them for prohibiting certain County roadways from any commercial bicycle tours. He's available to answer any questions. Another addition here is just being very clear about any funds that are collected registration fees, fines, penalties—in relation to this chapter. It will be utilized for supporting bicycle and pedestrian safety education, and that was a request that was made by members of this body and the community to ensure that anybody Page 50 Hawaii County Council-41 June 5,2024 that uses the road is able to do so safely. Happy to answer any questions. And I'm hoping that we have a solid body of work that we can move on to the next reading. Thank you, Chair. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council Member Evans. MS. EVANS: Thank you. I want to thank the Department of Public Works for working with us and really having clarity. We're asking for their recommendation and advice when a Council Member, which I think the brilliancy of this bill is that the Council Member can introduce a road that is potentially a problem road, and we ask the professionals for their opinion. I think this is really good. I do think the way these amendments have been made really addresses what we discussed the last time that we met. I believe, at this point, that we've addressed everybody's concerns. So I ask everybody for their support. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Council Member Kagiwada. MS. KAGIWADA: Thank you. So I am still very not in support of this section, the "authority to restrict." I do like the changes that were made in this bill for the annual registration. I'm happy to support that portion. The "authority to restrict" section, I still have problems with because, as Council Member Evans just said, it's just on the whim of a Council Member saying, "This road should have bicycles banned on it." And I'm concerned that, and this is not against any individual, but just that the department that's responsible for keeping these roads in good shape, improving these roads to allow them to be accessible for multimodal use is the one that's going to say, "Oh, it's just too dangerous. We'll just ban bikes there, and then we don't need to improve it for a multimodal use." So it just feels like this is the wrong direction for us to be going in, when the rest of the country, the rest of the State is really looking at trying to improve things for bikes and pedestrians. Point of Order: MS. KIERKIEWICZ: Chair, point of order. I just want to clarify that Council Member Kagiwada, she's talking about banning of bicycles. There is no talk about banning of the activity of bicycling. We are talking about creating a process for banning commercial bike tour activities. So we're creating a process and infrastructure for that. MS. KAGIWADA: Okay. I'm sorry. I misspoke. But, as you heard and as you've seen in this testimony, there's a lot of concern about how you—do you need to stop people to see if they're on a bike tour. How do you decide if it's a bike tour or a group of friends riding, that kind of thing. So it just seems like a Page 51 Hawaii County Council-41 June 5,2024 slippery slope. I just don't really understand why we need to do it. Like I said, I really do like the annual registration piece. But if you guys end up passing this with the "authority to restrict,"I guess I would at least ask that somebody that is really supportive of multimodal transportation and knows about that maybe be able to weigh in on these decisions. So maybe that's Planning, somebody in Planning. I don't know. I just feel like this could be an—it's just one or two people making these decisions, and there's no talk of using data or anything like that. If there had been any close crashes, injuries, bike accidents, then yes. But we don't have anything about that. It's all just because somebody decides in their district that they don't like the way bikes are riding on that, or commercial bike tours are potentially being on that path or that road. So, yeah. I really appreciate all the changes and the attempts at making this a better bill, but I still have problems with this "authority to restrict"part. Okay, I yield. CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else before I go back to Council Member Kierkiewicz? Council Member Lee Loy. MS. LEE LOY: Thank you. This bill actually got augmented from where it started, and we're just way in a different place now. This is a registration process. And it's about registering, getting that information about where these commercial bike tours are. Those fees, fines around commercial activities goes into a fund to help improve the roads. I see this actually as one of those circular economy things where money that's being gained by a commercial operation using our County asset helps improve the County asset. These people are using our roadways, which our taxpayers pay for, to run their commercial operations, and this bill closes that gap. That's the way I see it. People use our beaches for free. There's so many things that we give away for free that our locals can't use it. And so, from where we started to where we are now, I support this because it starts us down a path to getting those commercial bike tours registered, telling us where they're using the roads, and then getting funding to help improve other areas of the roadway. I'm in support of this. There might be some final tweaking. I do agree. Maybe other organizations can weigh in, but I think we're someplace solid. I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Vice Chair Inaba. MR. INABA: On the amendment. There have been testimonies submitted regarding Section 2 of this amendment, the "authority to restrict" and the types of roads and the conditions of those roads that would be considered substandard. And I think I just want to take a moment to address the concerns brought up by numerous members of the public, especially those in my district. And I want to say that there is no comprehensive way to define what an unsafe road is. But if an issue should come up, this bill does provide for the opportunity to restrict some Page 52 Hawaii County Council-41 June 5,2024 roads, and it's not at the whim or decision of one Council Member. It's to come through this process and get some feedback from the Public Works Director, from the Police Chief. There's a process being established here. And I think the considerations for what would be considered a substandard road, those conditions are broad enough but allow us to take a comprehensive look at a road and whether or not support should be offered for banning commercial bicycle activity on a road. And so I'll be in support of this, and again, that is commercial bicycle activity. Thank you. CHR. KIMBALL: Thank you, Vice Chair Inaba. Council Member Kierkiewicz, back to you. MS. KIERKIEWICZ: Thank you, Chair. Where we started, Council Member Evans identified roads to ban outright for commercial bicycle tour operations. And I had a problem with that because there was no process in the future for anybody on the Council to suggest a road and get a professional opinion from County government on whether or not this is a good idea. I like the idea, Council Member Kagiwada, of perhaps getting a recommendation from the Planning Director because they do have a transportation planner that has been trained up in multimodal operations and complete streets. So I could certainly advance that at the next Council meeting. But we're creating a process. Council Member Evans still now would have to go through this process to ban any County road, but at least there's something very clear here that will help us to make a decision in partnership with County officials. I also did have an opportunity to connect with our Department of Transportation Director Ed Sniffen. And when and if appropriate, he would be happy to have the department weigh in should there be any Council Members that take advantage of this section of Code and propose banning of any roads. At the end of the day, Public Works inherited a lot of substandard roads, what we consider substandard today. And it's going to take I think a lot of time and money and planning to get roads to be at a standard where bicyclists, pedestrians, motor vehicles can be using our roadways safely. We're not there yet, but we're still making strides. Absent of that, again I think we need processes in place. Thank you, Chair. CHR. KIMBALL: Thank you, Council Member. Anyone else on the amendment? MS. KAGIWADA: Just quick. I'm supportive of this amendment. I think it goes towards where we want to go. But, once again, and I am very supportive of the annual registration, that piece of it. So I just wanted to reiterate that because I'm not against that piece of it. So I will be supporting the amendment but be voting "no" on the other part due to the "authority to restrict" section. Thank you. Page 53 Hawaii County Council-41 June 5,2024 CHR. KIMBALL: Thank you, Council Member Kagiwada. All right, seeing no further discussion on the amendment, all those in favor of amending Bill 125, Draft 4, with the contents of Communication 679.73, please say "aye." Vote on Motion to The motion to amend Bill 125, Draft 4, with the contents of Amend: Comm. 679.73 was 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. Vote on Bill 125: The motion to pass Bill 125, Draft 4, as amended to Draft 5 Draft 5, on first reading was carried by the following voice (Approved) vote: Ayes: Council Members Evans, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—7. Noes: Council Member Kagiwada— 1. Absent: Council Member Galimba— 1. Excused: None. (Note: Due to the negative recommendation in Policy Committee on Planning, Land Use, and Development Committee Report No. 9, the report was not adopted.) Bill 138: AMENDS CHAPTER 2, ARTICLE 7, OF THE HAWAII COUNTY CODE 1983 (Draft 2) (2016 EDITION, AS AMENDED), RELATING TO PLANNING Requires the Planning Director to submit semi-annual reports to the County Council indicating those properties for which: (1) an initial time extension for the performance of conditions on the change of zone has been granted; (2) applications have been approved or denied for zoning variances, subdivision variances, subdivisions, `ohana dwelling unit permits, nonsignificant zoning changes, approval of plans for telecommunication antennas, or additional farm dwelling agreements; and (3) any application, except for registration of a short-term vacation rental, has been approved or denied under the sole authority of the planning director or by operation of applicable law when the planning director failed to approve or deny the application. Reference: Comm. 760.8 Intr. by: Ms. Evans and Mr. Inaba Approve: GOEAC-139 Page 54 Hawaii County Council-41 June 5,2024 ; and Comm. 760.9: From Council Member Cindy Evans, dated May 20, 2024, transmitting proposed amendments to Bill 138, Draft 2. Motion to Approve: Ms. Evans moved to pass Bill 138, Draft 2, on first reading and adopt Governmental Operations and External Affairs Committee Report No. 139. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Evans. MS. EVANS: I really appreciate working with Member Inaba. I think both of us are on the same page about transparency and, more importantly, having us really understand what decisions are being made that really do not come to the Council for our action. So I ask for your favorable support. CHR. KIMBALL: Thank you, Council Member Evans. Vice Chair Inaba. Motion to Amend: Mr. Inaba moved to amend Bill 138, Draft 2, with the contents of Comm. 760.9. Seconded by Ms. Villegas. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: Thank you. This amendment is simply to make the effective date July 31st. I believe it's July 31st. Sorry, let me double-check. I don't want to misstate. Yes, July 31st, 2024, and that is to make sure that the first report be provided in 2025. And it gives the department time to figure out the best way to present the requested information in a way that makes sense for us. So I ask for your support on this amendment. CHR. KIMBALL: Thank you, Vice Chair Inaba. Any further discussion? Council Member Evans, on the amendment. MS. EVANS: After discussion with the department, it makes it much more reasonable because then their first report would be at the end of the year because it's semiannually. Thank you. CHR. KIMBALL: Any further discussion on the amendment? Seeing none, all those in favor please say "aye." Page 55 Hawaii County Council-41 June 5,2024 Vote on Motion to The motion to amend Bill 138, Draft 2, with the contents of Amend: Comm. 760.9 was 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. Vote on Bill 138: The motion to pass Bill 138, Draft 2, as amended to Draft 3 Draft 3, on first reading and adopt Governmental (Approved) Operations and External Affairs Committee Report No. 139 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. Relinquish Chair: At this time, Chair Kimball relinquished the chair to Acting Chair Inaba. Bill 145: INITIATES AN AMENDMENT TO ARTICLE VI, CHAPTER 7, (Draft 2) SECTIONS 6-7.3 AND 6-7.4; AND ARTICLE XVI OF THE HAWAII COUNTY CHARTER (2022 EDITION), RELATING TO THE WINDWARD AND LEEWARD PLANNING COMMISSIONS Adds a requirement that at least one member of each commission have experience or expertise in Native Hawaiian traditional and customary practices, Native Hawaiian law, or traditional Hawaiian land usage; climate resilience, natural resource management, or agricultural sustainability; or environmental science, environmental protection, or land conservation, and that each category be represented by a different member. Reference: Comm. 796.11 Intr. by: Ms. Evans Approve: GOEAC-140 2/3 Vote: First of three required readings, Section 15-1(a), Hawai`i County Charter (Note: Comms. 796.12 and 796.13, from Council Member Cindy Evans dated May 29 and June 5, 2024, respectively, transmitting proposed amendments to Bill 145, Draft 2, were circulated.) Page 56 Hawaii County Council-41 June 5,2024 Motion to Approve: Ms. Evans moved to pass Bill 145, Draft 2, on first reading and adopt Governmental Operations and External Affairs Committee Report No. 140. Seconded by Ms. Villegas. ACTING CHR. INABA: Council Member Evans. MS. EVANS: Thank you very much. Members, I have two amendments that I'd like to offer. And if you have it in front of you, I have 796.12 and 796.13. I will take up 796.13. Motion to Amend: Ms. Evans moved to amend Bill 145, Draft 2, with the contents of Comm. 796.13. Seconded by Ms. Villegas. ACTING CHR. INABA: Council Member Evans. MS. EVANS: Thank you. We had some discussion on the qualifications. And after consideration, I think the language I'm proposing gives a little more clarity. It would read the change would be in "(2)"where it says, "Natural resource management or agriculture." And then "(3)"would read "Climate resilience, environmental science, environmental protection or land conservation." And I wanted to make sure that whoeveragain, the public will be voting on this in the Charter amendment. MS. LEE LOY: I'm sorry, Chair. If I could get some clarity. Are we discussing ? MS. EVANS: (Communication) 796.13. MS. LEE LOY: (Communication 796.)13. Thank you. MS. EVANS: Thank you. I want to make sure that if we can get this in front of the public as a Charter amendment to vote on it, I want to make sure that we have better clarity. I think this reads better. I think it makes more sense. I think "natural resource management or agriculture" is such a broad brush that I don't think we'll have any problems finding people. Agriculture covers everything. It's floral industry, landscaping industry, farmers, cattle ranchers, food system, people who deliver food. There's a whole system of agriculture that is very wide and so is natural resource management. And then with climate resilience, environmental science, I believe climate resilience fits much better with environmental science, protection, and land conservation. I think that was that category, that makes sense that they're together. And so that's why I'm recommending we make these changes. ACTING CHR. INABA: Thank you. Any discussion on the amendment, 796.13? If not, all those in favor of amending Bill 145, Draft 2, with the contents of Communication 796.13,please say "aye." Page 57 Hawaii County Council-41 June 5,2024 Vote on Motion to The motion to amend Bill 145, Draft 2, with the contents of Amend: Comm. 796.13 was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Motion to Amend: Ms. Evans moved to amend Bill 145, Draft 2, with the contents of Comm. 796.12. Seconded by Mr. Kaneali`i- Kleinfelder. ACTING CHR. INABA: Council Member Evans. MS. EVANS: Thank you. I worked with Corporation Counsel. We had discussions on making Subsection B, which is the transition language from the current membership of the commissions to what the transition would look like if this gets passed in Charter. I think it's much clearer, and it gives guidance to the Council in terms of filling positions during the transition time. And again, the City and County of Honolulu, they put some qualifications in their commissions and had some transition language in their Charter. We were trying to mirror that, but after talking to Corporation Counsel, we felt this was a little bit clearer language than that. So thank you. ACTING CHR. INABA: Thank you, Council Member Evans. Any discussion on the amendment, 796.12? If not, all those in favor of amending Bill 145, Draft 2, as amended, with the contents of Communication 796.12,please say "aye." Vote on Motion to The motion to amend Bill 145, Draft 2, with the contents of Amend: Comm. 796.12 was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. ACTING CHR. INABA: Back to the main motion; Bill 145, as amended. MS. EVANS: We've had discussion on this, and I'm open to if anyone feels one way or another. I'm really asking for your support on this. I'd like to see it go to the public. I believe having these certain qualifications, certain representation on the planning commission, given that the planning commission really is so critical Page 58 Hawaii County Council-41 June 5,2024 to the future of our island and kind of the vision of where we're headed, I think this representation is going to be really important. And I'm hopeful that the public can weigh in on this. Thank you, I yield. ACTING CHR. INABA: Thank you. Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. I am still supportive of this. I've been supportive. I think the attempt is very good. I'm just wondering, when you were looking at the other councils, did they have this piece where they were asking for specific knowledge, and that this piece about there being a different—that every category should be represented on the commission by a different member? I'm just wondering. That's the piece that has been, I guess, a little bit just concerning for me just because of the issue that many people brought up about making sure that we can get enough members on our planning commission. So I'm just wondering if you learned about that from any of the other councils. MS. EVANS: The answer would be no, but I would say that the way we've written it is so broad that the hope is that there is a huge effort of reaching out across the island. But, really, the public outreach and education on when we have a vacancy, that these are areas that we really want to be covered. There's so much in there that I'd like to think that we are very proactive in getting what we need. So that was my take. But I don't fear it because I think the language is very broad. MS. KAGIWADA: Okay. Well, like I said, I am very supportive of it overall. That was just a question I had, if it had been tried and true yet. That's the one thing that makes me a little hesitant but I will be supporting. Thanks. ACTING CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Vice Chair Inaba, Acting Chair. I have a question for Corporation Counsel Judge Strance. I'm curious if any of this could actually be expanded upon in our County Code. Rather than having these specific areas of expertise live in the Charter, can we get away with directing the Administration to find individuals with certain experiences, expertise within the Code? Or does it have to live in the Charter? (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Thank you. Elizabeth Strance, Corporation Counsel. We had some discussion about that. Currently, under the Charter, the only requirements for commission members is that they be from specific districts. We talked about whether the Charter would need to be amended to authorize the Council by Code to impose specific criteria beyond that. I would be worried that without something that describes the broader authority of the Council to adopt criteria, Page 59 Hawaii County Council-41 June 5,2024 that it couldn't. Having said that, I haven't researched it. So the short answer is I don't know. It's a thought we had and whether that should be the Charter amendment. But beyond that, we would have to dig a little bit deeper whether this body would have the authority to impose criteria beyond that provided in the Charter. MS. KIERKIEWICZ: Judge Strance, is it possible before our next Council meeting to get a formal opinion on that question? I haven't been supporting this. I just feel like we're kind of pigeonholing ourselves here. And so, would like to evaluate a candidate based on all the merits that they bring to the table. And I just feel like it's pretty extreme to put this in the Charter, and would like a bit more flexibility to provide maybe direction in the Code. So I'd like your opinion. I don't know if I should say this, I appreciate your intention. I know what you're trying to do. I think you're trying to create a very specific makeup of the commission, but I think it also ignores a range of diverse perspectives and expertise that we want members of the commission to have. And as a Council Member, I'd want a bit more flexibility in making that determination. And I worry about if we need a member to have this particular expertise of not being able to make quorum and then very important planning decisions can't be made. And we've seen this happen in the past where there are unfavorable recommendations that are being forwarded because there isn't quorum and folks can't meet. So I really hesitate to tinker with the makeup of the commission at this level. I can't support it today. Would appreciate opinion. MS. STRANCE: Will do that. MS. KIERKIEWICZ: And also,just throwing it out there, maybe we'll let the Charter Commission advance some of this stuff when they reconvene. Thank you. ACTING CHR. INABA: Thank you, Council Member Kierkiewicz. Council Member Kimball. MS. KIMBALL: Thank you. I actually like that suggestion, Judge Strance, that perhaps the Charter amendment would be to give the Council the authority to give this sort of guidance in the Code. And the reason that I like that is, if this were to be a Charter amendment, we wouldn't be able to utilize, for example, a training program for people. I'm thinking particularly around the excellent Native Hawaiian law training that is available. This would not allow for us to bring somebody in and then insist that they go do that training, which I think would be a way to bring some of that expertise onto the board. Just off the top of my head, I like this idea of potentially just, with the Charter amendment, giving ourselves the authority, then putting it in the Code. Page 60 Hawaii County Council-41 June 5,2024 I also kind of look at that as potentially like a pilot program. Because if we were to do this right away and it passed, it would be very hard to undo if we did find that we were having problems meeting quorum. But if we were to do it through the Code first and find that, "Oh, yeah, we could do this easily. It's no problem," and we wanted to codify it in the Charter at a later point we could certainly do that. So I like that idea, that concept, also of being kind of a pilot project. So I'd be supportive of that type of amendment to this legislation. Thank you. I yield. ACTING CHR. INABA: Thank you. Council Member Villegas. MS. VILLEGAS: Thank you to the makers of this legislation and for your continued determination and finding the terminology that you kind of were asked for to make this legislation more palatable to the members of the Council. Having served for almost six years now, and having been close friends with Council Members who served before me and watched the history of our planning commissions and the propensity for them to be stacked with people who represent unions, developers, and real estate agents, that's what I hear from my constituents as their greatest frustration. So I see this as an attempt to create a tangible requirement to diversify. It's not requiring that everybody have these skills, but that three members have these skills, which authentically communicates to the Administration, the Planning Department, and validates and codifies our communities' dissatisfaction with the continued nomination of people that tend to represent certain industries and special interests, for lack of a better way to put it. I'm just speaking point-blank because this is what I hear from people every day. And so I see this as an opportunity to create another protocol and to codify it and to hold us to a higher standard. I also think it would make it easier for us on the Council when having to look at candidates who come for nominations, if those characteristics were authentically already vetted and qualified. I'm not particularly pleased or impressed with the candidates that get brought forward. We had a lot of frustration with that. And I don't think that it's because there's a lack of qualified candidates or people that have put their name in the hat. We have never seen what I've been told in the past were stacks of applications, and people get looked over strategically because they don't align with potential value systems or decisions that may be coming down the pipeline. It's just what happens. We've also seen people who were experts in fields be removed because they were challenging to work with. So I've seen all different kinds of scenarios happen since sitting here. So I'm in full support of this legislation, and I think it took courage and a lot of work to put this together. And there may be other ways to do it, but you guys brought this forth and this is the path you brought it forth with. And the benefits outweigh any of the potential risks associated with it. Page 61 Hawaii County Council-41 June 5,2024 So I speak for the people in my district who are begging for a more equitable representation on our planning commissions, of the value systems and priorities that we, even as the Council claim to have here, as does the Administration, but historically the nominees brought forth do not always authentically provide diverse representation like that with value systems that align with the things that you identify in this piece of legislation. And with that, I yield. ACTING CHR. INABA: Thank you. Council Member Lee Loy. MS. LEE LOY: Thanks, Chair. I spoke against this and I actually haven't changed. I'm going to keep it short and sweet. At the very bottom of every single piece of letterhead, it says, "Hawai`i County is an equal opportunity provider and employer," and I think this creates bias. I'm not going to be supporting. I have my reasons; I've said them. Sorry but I'm going to be voting against this measure. I yield. ACTING CHR. INABA: Thank you. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I liked this bill from the beginning. And the reason I do still support it is that it just hones in on what's missing for our planning commission. I think about the people we have come in. I think about the folks who are on the commissions. I think about what the community asks for. Everything I've heard, to date in the last six years, is represented in this and more so. This doesn't mean it's done. This means it goes to the people to vote on and I believe in that. That's a very strong process to me. And I believe that setting this in our Charter is important. Because as we look at the decisions that the planning commissions are faced with, it's absolutely imperative that we have these kinds of folks on these boards so that the decisions made do represent the feelings of our people. I cannot ignore that. It's clear. So I'll be supporting this today. I think you did good. It's a good thing to give to the people to vote on as a Charter amendment, and I look forward to seeing what happens. Thank you. ACTING CHR. INABA: Thank you, Mr. Kaneali`i-Kleinfelder. With that, I do support this bill. It is just requiring for three positions on the commission. And I do think we would not have maybe experienced some of the quorum issues had there been a requirement for some of these perspectives to be on at least the Leeward Planning Commission. So, with that, I do think there'sI would like to see this go forward and would hope that we have enough votes to make that happen today, and would maybe recommend, Council Member Evans, that you do prepare amendments for a retool of this to give the Council the authority in the Charter if we might not see it in its current form go all the way, that we could amend it at the next reading just as an option. So, with that, there is a motion on the floor to pass Bill 145, Draft 2, as amended Page 62 Hawaii County Council-41 June 5,2024 MS. EVANS: Chair, question. ACTING CHR. INABA: Yes. MS. EVANS: So Jon was saying we're time-sensitive on Charter amendments. ACTING CHR. INABA: Yes. MS. EVANS: What is the date again for Charter amendments in terms of getting it to the Clerk in time? MS. KIMBALL: I can weigh in. ACTING CHR. INABA: I'll have Council Chair Kimball weigh in on that. MS. EVANS: Please. MS. KIMBALL: I would suggest that in order to accommodate for any options such as the Mayor vetoing something and having to reconsider it, that we would want to have things passed through for first reading today. MS. EVANS: Okay. The other thing is because it's a Charter amendment, we have to have six instead of five. ACTING CHR. INABA: Yes. MS. EVANS: Well, I'm going to ask my colleagues to please move this forward. And I just wanted to comment. Right now, people are weighing in our draft General Plan, which is the vision of the future. We have these community development plans, which are visions of our future. And I believe this really sends a very strong message that people that are going to be voting on land use and what our island's going to look like in the future, there just has to have certain expertise sitting at the table when these discussions and these votes happen. I took into account. I started with four members and I got it down to three, and that was—Member Kimball was like four is too many. Got it down to three. If it's more palatable to get it down to two, I would reconsider that, but I do think ACTING CHR. INABA: Council Member Evans, I'm going to call for the vote at this point being that(inaudible). MS. EVANS: Okay. So I'm asking for your support. Thank you. ACTING CHR. INABA: With that, Bill 145, Draft 2, a roll call vote please. Page 63 Hawaii County Council-41 June 5,2024 Vote on Bill 145: The motion to pass Bill 145, Draft 2, as amended to Draft 3 Draft 3, on first reading and adopt Governmental (Approved) Operations and External Affairs Committee Report No. 140 was carried by the following roll call vote: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Villegas, and Acting Chair Inaba—6. Noes: Council Members Kierkiewicz and Lee Loy —2. Absent: Council Member Galimba— 1. Excused: None. Bill 152: AMENDS CHAPTER 5, ARTICLE 1, ARTICLE 4, AND ARTICLE 7, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PRE-APPROVED PLANS FOR RESIDENTIAL DWELLINGS Adds a definition for"multi-family dwelling", and amends the plan review fee schedule specific to pre-approved model plans for residential dwellings. Reference: Comm. 822 Intr. by: Ms. Kimball and Ms. Lee Loy Approve: PCPLUD-10 Postponed: May 15, 2024 (Note: There is a motion by Ms. Lee Loy, seconded by Ms. Kagiwada, to pass Bill 152 on first reading.) (Note: Comm. 822.7, from Council Member Susan L. K. Lee Loy dated May 24, 2024, transmitting proposed amendments to Bill 152, was circulated.) Motion to Amend: Ms. Kimball moved to amend Bill 152 with the contents of Comm. 822.7. Seconded by Mr. Kaneali`i-Kleinfelder. ACTING CHR. INABA: Council Member Kimball. MS. KIMBALL: Thank you, Vice Chair. You should, in particular, appreciate this amendment as it is intended to clean up the language in this bill. Per your guidance, we removed all references to "residential" since we're talking about dwellings, and they are inherently residential. We also noted that there's reference in this section of the Code to model plans, housing design. There were three or four different terms. Now, all sections of this refer to plans or preapproved plans. There's no other terminology. So we've made that crystal clear. The other thing that is also clear, this came up in our discussion before, if you look at Section C, Item C, No. 3, the reference to the factory-built, there's really no need for that in this particular part of the Code since it's already covered in Page 64 Hawaii County Council-41 June 5,2024 Appendix U. So this clause was superfluous. And since it provided some confusion, we opted to remove it entirely. Mahalo to Council Member Lee Loy and her staff for making some additional revisions to that, the layout of this bill. And I'll pass the floor to her to speak. But hopefully, everyone can support these amendments, which are largely for clarity. ACTING CHR. INABA: Mahalo. Council Member Lee Loy. MS. LEE LOY: Thanks, Chair. I don't have anything else, but we did work with the department. So we have Julann Sonomura and Kelly Gomes here, along with the Director, if you have questions. I'm in support. ACTING CHR. INABA: Thank you. Any discussion on the amendment, Communication 822.7? Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I support the amendment. ACTING CHR. INABA: Any further discussion? All right, there being none, all those in favor of amending Bill 152 with the contents of Communication 822.7, please say "aye." Vote on Motion to The motion to amend Bill 152 with the contents of Amend: Comm. 822.7 was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. ACTING CHR. INABA: Back to the main motion. Any further discussion? Council Member Kimball. MS. KIMBALL: I just ask for my colleagues' support to get this through first reading. I think this is a very simple, straightforward, elegant way to streamline some of the housing needs in our County, particularly when we're looking at developing these affordable multifamily units. If we can have a supply of preapproved plans that our developers can just tap into, it's going to make it easier for everybody, including other folks that aren't part of this preapproved plans. If these projects are moving more efficiently, it means everything goes forward more efficiently. So I just ask for my colleagues' support for this simple Code amendment. Page 65 Hawaii County Council-41 June 5,2024 ACTING CHR. INABA: Thank you. There being no further discussion, all in favor? Oh, sorry, Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I just received the UHERO (University of Hawaii Economic Research Organization)report and the Hawaii Housing Factbook, and I wanted to point out I originally said no to this bill. I had my reservations. But I'm reading over this report and the interesting thing about it is multifamily developments, this is housing stock for Hawaii County. So single- family homes, about 5,000 permitted over the past five years. Median processing time, 141 days. Multifamily developments, 62 in the last five years. Median processing time, 318 days. And when I read that number, because I was looking for something to backup the why on this, when I read that number, that really outlined to me that we've got some work to do. So if this helps move up and speed up that process for MFDs (multifamily developments), then I'm willing to support it. So I'll be saying yes today, and thank you for bringing this forward. ACTING CHR. INABA: Thank you. Any further discussion? If not, all those in favor of passing Bill 152, as amended at first reading, please say "aye." Vote on Bill 152: The motion to pass Bill 152, as amended to Draft 2, on first Draft 2 reading and adopt Policy Committee on Planning, Land (Approved) Use, and Development Committee Report No. 10 was carried by the following voice vote: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Relinquish Chair: At this time, Acting Chair Inaba relinquished the chair to Chair Kimball. Page 66 Hawaii County Council-41 June 5,2024 Bill 160: INITIATES AN AMENDMENT TO ARTICLE III, ARTICLE VI, AND ARTICLE XVI OF THE CHARTER OF THE COUNTY OF HAWAII (2022 EDITION), RELATING TO THE CORPORATION COUNSEL Moves provisions for the Office of the Corporation Counsel currently in Article VI and under the supervision of the Managing Director into Article III, Legislative Branch, and provides the County Council the sole authority to appoint and remove the Corporation Counsel. Reference: Comm. 857 Intr. by: Mr. Inaba and Ms. Kierkiewicz Negative: GOEAC-141 (Due to a vote of 4-ayes, 4-noes, 1-absent) 2/3 Vote: First of three required readings, Section 15-1(a), Hawai`i County Charter (Note: Comm. 857.1, from Council Member Holeka Goro Inaba dated June 6, 2024, transmitting proposed amendments to Bill 160, was circulated.) Motion to Approve: Mr. Inaba moved to pass Bill 160 on first reading. Seconded by Ms. Kierkiewicz. Motion to Amend: Mr. Inaba moved to amend Bill 160 with the contents of Comm. 857.1. Seconded by Ms. Kierkiewicz. MR. INABA: Thank you. With that, we had some good discussion at our Committee hearing regarding this bill, and a lot of it focused around the separation of powers. So this amendment before you essentially leads the Office of Corporation Counsel under the executive branch. And what it's doing is giving the authority that we talked about, for appointment to a first six-year term and thereafter until a subsequent appointment happens, to the Council. So that's essentially the main change now. If you read through the amendment, it also changes the term "legislative auditor" to "county auditor" in line with the language of the Charter and in the Code regarding the county auditor position. So just ask for our colleagues' support. Again, it goes in line with providing the Council the ability to appoint and remove the Corporation Counsel, and it doesn't blur the lines between the legislative and executive branches of government. And I will ask Council Member Kierkiewicz if she has anything to add if I missed anything. Thank you, Chair, I yield. CHR. KIMBALL: Before I actually have you do that, Council Member Kierkiewicz, there are some concerns about the properness of this particular amendment. I'd like to actually suggest, because this has to do with Corporation Counsel and potentially legal matters relevant to our responsibilities as the Council, that we have a brief conversation in Executive Session with the Clerk and Corporation Counsel regarding that aspect of it before we get into the Page 67 Hawaii County Council-41 June 5,2024 details of what the amendment contains. So I would like to request someone make the motion to enter us into Executive Session. Vote on Motion to Ms. Lee Loy moved to enter into Executive Session in Enter into order to hold attorney-client privilege discussion regarding Executive Session: Comm. 857.1, as authorized by Section 92-5(a)(4) of the (Approved) Hawaii Revised Statutes. Seconded by Ms. Kagiwada and carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Recess: At 12:44 p.m., the Chair called for a recess in order to clear the room. Reconvene: The meeting reconvened at 12:56 p.m. CHR. KIMBALL: Thank you, everyone. We are now out of Executive Session. Pursuant to Chapter 92, HRS (Hawai`i Revised Statutes), I'm going to ask Council Member Lee Loy to briefly describe the conversation. MS. LEE LOY: Sure. Within Executive Session, Council queried questions around our powers, duties,privileges, immunities, and liabilities around drafting, drafting principles, timing, and sound policy work. That's what I would summarize it as. CHR. KIMBALL: Thank you very much, Council Member Lee Loy. So, at the time,just to remind everyone, motion on the floor is to amend Bill 160 with the contents of Communication 857.1. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. In reflection on the conversation we just had with our Clerk and Corporation Counsel, we know that the timing of this particular amendment to ensure placement on the November 2024 ballot is very tight. And to ensure the integrity of our legislative drafting process, Council Member Inaba and I will be pulling back the amendment that he's offered today. But we will be advancing something in the next couple of weeks more robust for folks to consider, making sure that we are in line with Office of Information Practices' guidance on how things should be properly titled. So, with that, I'm going to ask that Council Member Inaba withdraw his motion, and then we will make a motion to postpone this measure to our next meeting. Page 68 Hawaii County Council-41 June 5,2024 MR. INABA: Thank you. I'm going to withdraw the motion to amend, and I think I need to clarify. Withdraw Motion Mr. Inaba withdrew his motion to amend Bill 160 with the to Amend: contents of Comm. 857.1. MR. INABA: We need to move this forward if we're going to see it in any form, you know, be able to make the ballot. So there isn't an amendment that we have to offer for today, but I would ask my colleagues if you folks would consider moving Bill 160 forward as currently drafted. And if we cannot come up with something that respects and is in line with OIP's (Office of Information Practices's) recommendations and our drafting manual at next reading, then I'll happily just withdraw or motion to postpone the bill to the call of the Chair at that time. But I ask for your support to at least move it forward today. Thank you, I yield. CHR. KIMBALL: Thank you, Vice Chair. Okay,we are back to the main motion on the floor. Go ahead, Council Member Kierkiewicz. MS. KIERKIEWICZ: Chair, I'd like to just maybe feel the waters a little bit to understand the temperature of the Council to continue to entertain this particular discussion with what's on the floor, what's been put forward. I'd also like folks to consider perhaps even the Administration advancing a number of candidates for us to consider as we kind of deliberate who will lead the Office of Corporation Counsel. So, would really appreciate everyone's ideas so that Council Member Inaba and I can address those concerns and put forward an amendment that everybody can live with. Thank you. CHR. KIMBALL: Thank you. I think that's a wise move at this point. Any feedback from the body to the makers of this legislation? Council Member Evans. MS. EVANS: I don't think we're going to have enough time to really vet this. But if you want to bring it back in two weeks and think you can have something that is viable, I know that you'll do the heavy lifting because that's who you are, Member Inaba. So if you want to try, I would give you that opportunity, but I must say, given where we're at now, where we started, where we're at now, I don't think we'll have enough time. But if you want to take up and really try, good luck but, yeah, it's really shifted a lot from where it was originally to now. And it's shifting again quite a bit from where we need to go. And so that's my input. Thank you. I yield. CHR. KIMBALL: Thank you, Council Member Evans. Council Member Lee Loy. Page 69 Hawaii County Council-41 June 5,2024 MS. LEE LOY: I think the authors are looking for direction. And after our last Committee hearing, a number of my fellow colleagues called me up and said, "Sue, wait. You've got to explain." And all of them, in very high regard and good standing with the State Bar Association, really made me understand that the way the framers of our Charter in this section crafted it was to allow Corporation Counsel to stay neutral. It's appointed by the Mayor and confirmed by the Council. And it's within those confines, that's how we keep the neutrality of our Corporation Counsel. And that I absolutely understand from so many people well, so many of my former colleagues who reached out to me and said that is what is the most important thing, is that Corporation Counsel stays neutral. And like my comment prior to this on Committee, is they advise but we, in this seat, has to either follow their advice or make the decision. And that's why although I supported this in Committee and having had a number of attorneys call me up, who I worked for in the past, I actually am not going to be supporting this unless there's a way to keep that neutrality, which may mean even crafting something a little different. I really did support the idea of having the Council sit on a screening of it. I like that idea, because then we could be asking questions about what type of skillsets we would want to see from our chief counsel. But the way this is going right now, that's not what's happening. It's putting it in our court and then a six-year term. And so I am actually going to be voting "no" on this. And to the authors, if you are looking at something new, it would be around maintaining that neutrality, but allowing both the Administration and the Council to weigh in on the process. I yield. CHR. KIMBALL: Thank you, Council Member. Council Member Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: I'm not going to be supporting this and I've got a few reasons. Mainly, I think, for the makers, I see there's one specific section of this saying that the Council could remove Corporation Counsel with a two-thirds membership vote. That, to me, in itself creates the balance. The rest of this I am concerned about. I've had my back and forths with different corporation counsels, and I know we spoke to Ms. Strance about this at length. But I just I don't like where this goes, and I don't have a great explanation, but I think just the ability to remove Corporation Counsel with a two-thirds vote creates that balance that you're looking for in a very simple way, without adjusting any of the term lengths, without adjusting who they're nominated or confirmed by. It does a lot to create that neutrality I think Council Member Lee Loy spoke to. So I won't be supporting this. I mean, if you want to push it forward and you think you can come back with something that meets everyone's needs, I'm open to that. But I don't think I'm going to support it I will not support it in its current form. Thank you. Page 70 Hawaii County Council-41 June 5,2024 CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. Yeah, I originally supported this bill to move it forward, to continue the conversation because it is a Charter amendment and understood the sensitivity of the timing. I do feel like we're getting a little out of balance here, and I just don't even see us as a body that goes out and finds candidates and things like that. I did kind of like the idea of either us being part of the screening panel or maybe the Administration offering up choices that they like all three of those people, and can we weigh in on that. That kind of partnership I see, but I do think it really still needs to once again, as my colleagues mentioned, stay balanced. It's a kind of fine line. I really liked our discussion before about potentially having a legal person in our Clerk's office. I did really like the thought of having someone there especially that could potentially help around issues having to do with how we're doing grants and all that stuff, that maybe we would just have a little more time and everything with someone. But as far as this particular bill, I cannot support it as it is, and yeah. It sounds like you may try to do something that keeps it within balance and I'm willing to look at that. I yield. CHR. KIMBALL: Thank you, Council Member Kagiwada. Back to Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. One other thing I brought up, I haven't seen changes and I really do feel this way,the requirement that they must have practiced law for a minimum of five years is not enough, in my eyes. You're representing the County of Hawaii. It's not a small office to fill, and a lot of times we're asking questions that are above and beyond many of the folks that come in front of us. And so I think that that should be more than five years. I think it should be more like ten years. I would even weigh in on Ms. Strance to say how many years of experience in law you must have to represent the County. To me, it's an extremely important position. And that has not been addressed as far as the questions I had at the first hearing and it's still sitting there. That's it. Thank you. CHR. KIMBALL: All right, anyone else? Go ahead, Vice Chair Inaba. MR. INABA: I just ask for one more attempt at second reading. And if you folks are not supportive, then understand and we can take this up next term. But would ask that we take the vote to move it on to second reading. Thank you. CHR. KIMBALL: Thank you, Vice Chair Inaba. I will just weigh in for a plethora of reasons but mostly because I think that this is extraordinarily complicated, and I don't think we have the time to invest in the appropriate level Page 71 Hawaii County Council-41 June 5,2024 of deliberations around it within the time frame we have. I see merit to some of those ideas. There was some testimony about another suggestion that I thought had some merit, but I don't think we have the time. And I can't support it at all in the format that it's currently in. So I'm going to be voting "no"today. With that, Mr. Clerk, could you please do a roll call on this one. Yes? Point of Order: MS. EVANS: Chair, a point of order. What is the motion on the floor? CHR. KIMBALL: The motion on the floor is to approve Bill 160 at first reading. MS. EVANS: Okay. CHR. KIMBALL: Mr. Clerk, thank you. Vote on Bill 160: The motion to pass Bill 160 on first reading failed by the Failed following roll call vote: Ayes: Council Members Evans, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, and Villegas —5. Noes: Council Members Kagiwada, Lee Loy, and Chair Kimball —3. Absent: Council Member Galimba— 1. Excused: None. (Note: Mr. Kaneali`i-Kleinfelder voted "kanalua"then "aye.") (Note: Due to the negative recommendation in Governmental Operations and External Affairs Committee Report No. 141, the report was adopted.) CHR. KIMBALL: So this fails based on the requirement to have the two-thirds vote for forward motion from first reading. Thank you. Bill 162: 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 —Coconut Rhinoceros Beetle Grant account($200,000); and appropriates the same to the Coconut Rhinoceros Beetle Grant account, to control green waste, palms, and other "host material"to minimize breeding grounds of the Coconut Rhinoceros Beetle. Reference: Comm. 873 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-165 Page 72 Hawaii County Council-41 June 5,2024 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 162 on first reading and adopt Finance Committee Report No. 165. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I look for everyone's support. This is a sister measure to the earlier resolution. Thank you. CHR. KIMBALL: Thank you. Any further discussion on this item? Seeing none, all those in favor please say "aye." Vote on Bill 162: The motion to pass Bill 162 on first reading and adopt (Approved) Finance Committee Report No. 165 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. STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON BILL 168 The following individual registered to speak and came forward when called by (COMM. 893): the Chair: Michael Konowicz: In support. Shannon Matson: In support. Matthias Kusch: In support. Page 73 Hawaii County Council-41 June 5,2024 Bill 168: INITIATES AN AMENDMENT TO ARTICLE V, CHAPTER 2, OF THE CHARTER OF THE COUNTY OF HAWAII(2022 EDITION), RELATING TO THE COST OF GOVERNMENT COMMISSION Proposes increasing the terms of members from 11 months to 22 months, expanding the deadline by which the commission submits its findings and recommendations from 11 months to 20 months after appointment, and that commission members would begin their terms 18 months after the beginning of the term of the mayor instead of one year after the beginning of the term of the mayor. Reference: Comm. 893 Intr. by: Ms. Kagiwada and Ms. Evans Waived: GOEAC 2/3 Vote: First of three required readings, Section 15-1(a), Hawai`i County Charter CHR. KIMBALL: Before we begin with a motion, I'd like to ask our former commission members if they don't mind hanging out until we finish our deliberation. I think there may be questions for you. Go ahead, Council Member Kagiwada. Motion to Approve: Ms. Kagiwada moved to pass Bill 168 on first reading. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kagiwada, go ahead. MS. KAGIWADA: Thank you. So, obviously, I have heard about this issue for a little while, and I was able to reach out and talk to some of the former commissioners on the Cost of Government Commission, get some details. I read the report, which said this needed to happen. We did reach out to the Mayor's office and Mr. Bobby Command who oversaw the work. When I reached out to him, he said, "Oh, Council Member Evans was also interested in this." So I asked her if she wanted to be on this as well. So I think you heard very well from the testifiers the reason for this. But, basically, it's just extending the amount of time the Cost of Government has to do its work, and then making sure that when they do report to us and the Mayor that that is not the end of everybody's term where then they can't do anything about it, but the start of a new term so that people have the years, the time to actually accomplish some of the recommendations. So that's the gist of it. And I have my colleague here if she wants to say a few things, and then we do have Bobby Command in Kona. CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Evans. Page 74 Hawaii County Council-41 June 5,2024 MS. EVANS: Thank you. I think that this is really giving an opportunity for the Cost of Government Commission to feel that their work is being listened to and at the right timing so that a Council can take up, and maybe the Administration, can take up the suggestions during a term of office. And the way it is now, it seems like it's just coming in way too late for a current Cost of(Government) Commission report being effectuated with the current Council that is serving. And so I think this is a great way to fix that, and hopefully, we see these recommendations kind of move us forward at the Council level. If there's other things I think about the Cost of Government Commission, maybe there's a way in Code to kind of solidify reporting and semiannual reports. Maybe there's a way to do more. But I think this is really simple, and I think taking it to the public to vote on it in this simple way is a good thing to do. So I ask for your support. I yield. CHR. KIMBALL: Thank you, Council Member Evans. Before we go on to further discussion, I'd like to invite Deputy Managing Director Command to make any comments. (Note: At this time, Deputy Managing Director Robert Command came forward to address the members of the Council.) MR. COMMAND: Aloha, Council Members. Bobby Command, Deputy Managing Director. I was designated by Managing Director as the ex-officio member of the 2022 Cost of Government Commission, essentially the liaison between the Commission and the County government. Current Charter allows for the Commission to conduct its business in 11 months during the second year of a mayoral term which coincides with the second year of a two-year Council term. This Charter provision leaves little time for sitting Council to seriously consider recommendations made by the Commission since most Council business is completed by the 23rd month of the 24-month term. Also, some of the 2022 commissioners were frustrated by the short period of time to conduct business, given the almost vertical learning curve most of them initially faced,particularly trying to grasp such complicated subjects as the Sunshine Law, procurement, collective bargaining, and the Konno decision. All these topics are foundational to the understanding of County government, and training could easily take up a third of the Commission's term. Interviews with department heads also take time and can be challenging as the Commission's opportunity to speak in-depth with them overlaps budget time. Given these significant challenges, both myself and Ms. Matson, who was a member of the 2022 Commission, worked out what we feel was an adequate solution that would give the Commission a better shot at coming up with substantive recommendations and a fair opportunity for a sitting Council to Page 75 Hawaii County Council-41 June 5,2024 consider the recommendations. Basically, it pushes back the start of the Commission work by six months and almost doubles the time for the Commission to do its work. This will mean the Commission will straddle two Council terms with recommendations to be presented to a sitting Council in March, with ample time for the Council to consider recommendations, including possible Charter amendments. Mahalo and I'll try to answer any questions that you have. CHR. KIMBALL: Thank you. All right, discussion from the members? Questions? Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Just noting, for the record, this was waived directly to Council. I think with Charter amendments, really prefer for them to start in Committee but totally understand the timing element, and this one isn't too complicated. So I'll be supporting this amendment. My first sort of foray into County government was actually vice-chairing the Cost of Government Commission that was convened ten years ago. It was really stressful because we had to come together in an 11-month time frame to interview departments and come up with a solid set of recommendations that I'm not even sure were implemented. There was really no sort of feedback loop or mechanism to understand once all of this work had been completed and the recommendations offered up, who was going to do something about it. And so I think perhaps, as Council Member Evans suggested, in Code we can wordsmith a way for these recommendations to be seriously considered. I think having the report provided to the Council in the March time frame is also helpful because we are going to be walking into budget season. Hearings begin in April. And so I think this particular report could help provide just added value and conversation during those budget hearings. So I'll be supporting this today. Thank you. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Any further discussion? All right, seeing none, I'll just quickly acknowledge Council Member Kierkiewicz. I certainly would under any other circumstances not waive a Charter amendment to Council, but I felt this was a fairly simple and straightforward one and, given the timing, wasn't going to require a ton of work. But I did want to just offer, for anyone from our former commission members, one of the reasons that this conversation had started was some of you had reached out about being able to give a presentation or have the Administration give a presentation on the status of the recommendations. And in exploring the appropriateness of this, it was determined that while these folks are no longer members of this Commission, and so therefore it would be inappropriate for them to give Council a report. So I want to mahalo Council Member Kagiwada and Council Member Evans for coming up with a way for us to resolve that problem. Page 76 Hawaii County Council-41 June 5,2024 I did want to just give any of you, if you should so choose, the opportunity to speak to the comment, which I'm not sure if it was meant to be ironic, from one of your previous colleagues who was here earlier who said, well, maybe this Commission doesn't even need to exist. Would any of you like to respond to that comment regarding the value, or lack thereof, of the Commission? Michael, go ahead. I ask you to just keep it brief so we can keep our agenda moving. (Note: At this time, Michael Konowicz, former chair of the Cost of Government Commission, came forward to address the members of the Council.) MR. KONOWICZ: I can speak to that, and that was a point of discussion in our Commission where there was frustration in just how little time we had to do such a huge task. I think those concerns would be alleviated, though, with this Charter amendment, giving the Commission more time to do what they need to do. So I think those fears would be allayed. CHR. KIMBALL: Okay, great. Thank you for that. Go ahead, Council Member Kagiwada. MS. KAGIWADA: Thank you. I just want to thank both Jacob from LRB (Legislative Research Branch) and my staff, Shannon Matson, who really did the heavy lift to get this done very quickly given when we realized it's a Charter amendment, we had to get it in right away. And thank the Chair for understanding that it was very simple, and thank you for the waiver. CHR. KIMBALL: Yes, of course. All right, moving forward, all those in favor of approving Bill 168 at first reading, please say "aye." Vote on Bill 168: The motion to pass Bill 168 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. Page 77 Hawaii County Council-41 June 5,2024 Bill 170: 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 —Hilo Waste to Wealth Economic Revitalization Program account($100,000); and appropriates the same to the Hilo Waste to Wealth Economic Revitalization Program account for the planning phase of the Waste-to Wealth project in Hilo. Reference: Comm. 897 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 170 on first reading. Seconded by Ms. Kagiwada. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: This is the sister measure to a previous resolution. Looking forward to everyone's support. Thank you. CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Bill 170: The motion to pass Bill 170 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. Bill 171: 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 —Used Tire Disposal Event account ($10,000); and appropriates the same to the Used Tire Disposal Event account to hold a free used tire collection and disposal event for Hawaii County residents with educational outreach associated with tire waste. Reference: Comm. 898 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Page 78 Hawaii County Council-41 June 5,2024 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 171 on first reading. Seconded by Ms. Kagiwada. CHR. KIMBALL: Any discussion? Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I look for everyone's support. CHR. KIMBALL: All right. Seeing no further discussion, all those in favor please say "aye." Vote on Bill 171: The motion to pass Bill 171 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. Bill 172: 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 Real Property Tax Penalties account($1,500,000); and appropriates the same to the Transfer to Disaster/Emergency Fund account ($500,000) and Transfer to Public Access/Open Space Preservation Fund account ($1,000,000) to maintain compliance with County Charter mandated funding transfers due to excess revenue from real property tax penalties. Reference: Comm. 899 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 172 on first reading. Seconded by Ms. Kagiwada. CHR. KIMBALL: Any discussion on this item? Council Member Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. This was waived to Council to expedite the process. This is mainly due to our real property tax revenues exceeding what was originally budgeted, and then the two different transfers to different accounts, as required. Look for everyone's support. CHR. KIMBALL: Thank you very much. Any further discussion on this item? Seeing none, all those in favor please say "aye." Page 79 Hawaii County Council-41 June 5,2024 Vote on Bill 172: The motion to pass Bill 172 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Galimba and Inaba—2. Excused: None. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): Bill 148: AMENDS SECTION 25-8-33 (CITY OF HILO DISTRICT ZONE MAP), (Draft 2) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO INDUSTRIAL—COMMERCIAL MIXED —20,000 SQUARE FEET (MCX-20) AT HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-036:076 (Applicant: Manono Corner, LLC) (Area: 21,023 square feet) The Windward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to demolish three existing structures and construct a single-story structure for retail and/or office uses, onsite parking, and access driveways. This property is located on the corner of East Lanikaula Street and Manono Street, Waiakea House Lots, South Hilo. Reference: Comm. 815.2 Intr. by: Mr. Inaba(B/R) First Reading: May 15, 2024 Motion to Approve: Mr. Inaba moved to pass Bill 148, Draft 2, on second and final reading. Seconded by Ms. Lee Loy. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: We've had good discussion. I ask for my colleagues' support. Mahalo. CHR. KIMBALL: Thank you. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I want to note that the applicant and their representative have been here in chambers before we began our meeting at Page 80 Hawaii County Council-41 June 5,2024 9 a.m. So thank you so much for your patience. I'm going to continue to support this request. It is reasonable. And I think about how that particular area has evolved over time. This request is definitely in line with sort of a mixed-use environment that is envisioned for the area. So thank you very much for being here and good luck. I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council Member Kagiwada. MS. KAGIWADA: Thank you. I reluctantly supported this bill last time. The main reason was not because I don't think that these responsible owners will do the right thing. I do think they will. It's just more the overall, that transitioning residential areas into industrial, even on the edges where it'sI just really know that we need housing. And so that I don't like that trend, but once again, I will be supporting because I think these are responsible owners. And it looks like they will do a good job caring for the property and doing the right thing. So thank you. I yield. CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Evans. MS. EVANS: I'm in support. My only comment is I have a situation in my district where the retail, over time, has evolved into having restaurants. And not all restaurants have alcohol. But what happens is if you have three restaurants versus one restaurant, then what happens is you're going to have a lot of parking issues. And so, if that happens,just look around the vicinity of your property and understand that at nighttime or during the day, it will overflow into the neighborhood and it can cause some people some concern about the safety. And so it's just something to consider as it moves forward. I mean, I think, as an owner, you're going to do what you have to do to be successful. But the parking could eventually be a problem, and that's not addressed in here. It's just being cognizant that somehow, in the neighborhood, that overflow parking is going to take place. And I just have to mention it because it's really a problem in one of the retail centers that I currently have in my district. Thank you. I yield. CHR. KIMBALL: Thank you. Council Member Villegas. MS. VILLEGAS: I'll be supporting this at final reading today. Part of that is because I believe in the etiquette of honoring the opinions of the Council Members that represent the districts that these kinds of issues come through. I don't have the level of expertise with this specific home lot or the relationship with the owner or necessarily the vision for that area and its needs with infrastructure. So I am today, with my intention to honor the opinions and expertise ofI know that this is right on the cusp of Districts 2 and 3, but I think Page 81 Hawaii County Council-41 June 5,2024 it's important that we honor the decisions that the Council Members who are responsible for their perspective districts when it comes to issues of land planning and zoning and time extensions. I yield. CHR. KIMBALL: Thank you, Council Member Villegas. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I wanted to take a minute to mahalo those who did the work to get us here today. I appreciate what you folks did in regards to listening to your neighbors and being neighborly. I'll be supporting the measure today. Thank you for your time. CHR. KIMBALL: All right, any further discussion? Seeing none, I will also thank the applicant and applicant's representative for your patience today. We did, as I mentioned, have a lengthy agenda. I'll go ahead and proceed with the vote. All those in favor of adopting Bill 148, Draft 2, at final reading,please say Ic aye. Vote on Bill 148: The motion to pass Bill 148, 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 149: AMENDS SECTION 25-8-14 (WAIKOLOA VILLAGE ZONE MAP), (Draft 2) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN(0) TO INDUSTRIAL-COMMERCIAL MIXED —20,000 SQUARE FEET (MCX-20) AT WAIKOLOA, HAWAII, COVERED BY TAX MAP KEY: 6-8-003:041 (Por.) (Applicant: Waik6loa Village Center LLC) (Area: 26.052 acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to develop and operate the Waik6loa Village Light Industrial Center, to include a self-storage facility and flexible use buildings for industrial-commercial business. The property is located on Pua Melia Steet, approximately 0.2 miles southeast of its intersection with Waik6loa Road. Reference: Comm. 816.2 Intr. by: Mr. Inaba(B/R) First Reading: May 15, 2024 Page 82 Hawaii County Council-41 June 5,2024 Motion to Approve: Mr. Inaba moved to pass Bill 149, Draft 2, on second and final reading. Seconded by Ms. Evans. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: Again, I ask for my colleagues' support in moving this forward. Thank you. CHR. KIMBALL: Thank you. Any further discussion? MS. EVANS: Same. CHR. KIMBALL: All right. Any further comments? Seeing none, all those in favor please say "aye." Vote on Bill 149: The motion to pass Bill 149, 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 150: AMENDS ORDINANCE NO. 10-101, WHICH RECLASSIFIED LANDS FROM (Draft 2) AGRICULTURAL—TWENTY ACRES (A-20a) AND SINGLE-FAMILY RESIDENTIAL—7,500 SQUARE FEET (RS-7.5) TO SINGLE-FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15), SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10), SINGLE-FAMILY RESIDENTIAL—7,500 SQUARE FEET (RS-7.5), AND OPEN AT PAHOA, NORTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 5-5-019:025 AND 027 (PORTIONS) (Applicant: Hawaii Island Community Development Corporation) (Area: approximately 18.38 acres) The Leeward Planning Commission forwards its favorable recommendation for the applicant's request for a five-year time extension to Condition C (Final Subdivision Approval) for the development of Phase 3 of the Kumakua Self Help Housing Project. The property is located along the makai side of Akoni Pule Highway, approximately 600 feet west of the Kohala High and Elementary School Complex. Reference: Comm. 817.2 Intr. by: Mr. Inaba(B/R) First Reading: May 15, 2024 Motion to Approve: Mr. Inaba moved to pass Bill 150, Draft 2, on second and final reading. Seconded by Ms. Kierkiewicz. Page 83 Hawaii County Council-41 June 5,2024 CHR. KIMBALL: Vice Chair Inaba. MR. INABA: I ask for your support. Mahalo. CHR. KIMBALL: Thank you. Any further discussion on this matter? Council Member Evans. MS. EVANS: I do have a question on it, and maybe Member Inaba can answer. But it's talking about the fair share contribution, and it says dependent on the number of homes or lots developed. And then it offers the opportunity for "in lieu of." When it says, "the number of lots developed," I don't know this answer, and if they put in for a subdivision and say it's going to be a hundred lots, so be it and then the decision is made. But it's saying here—is it developed at the time they actually pull their building permits? And the reason I'm saying this is, my concern always when you do things like this is that if there is an in lieu contribution of land, and let's say the land is done at the very beginning and then they don't develop it for a while, and then as time goes on, maybe, like in my district, land becomes more and more valuable. So if they get around to developing, at that time it's supposed to be the fair share, but they say, "Oh, well, we gave our in lieu five years ago. We've taken care of that requirement." In reality, they kind of haven't because they're not at current market value. So I'm kind of wondering kind of the timing of this, what your experience has been. CHR. KIMBALL: Would you like to respond, Vice Chair? I don't know that we have anybody from Planning on. We can ask for them to join us. MR. INABA: Yeah, that might be a Planning question based on Condition K, which is the fair share and in lieu of—the in lieu contribution of land or improvements to facilities of Parks and Recreation, Fire, Police, and such. That would need to be subject to review and recommendation of the Planning Director and would require approval of the Council, according to the condition. So that's for the in lieu part. And then any questions regarding the fair share itself, I would probably defer to the Planning Department or Corporation Counsel. Thank you. MS. EVANS: I'm willing to vote on this today and vote "yes." It's just I'm always wondering sometimes if we're—as these things sit and property values go up and there is in lieu and, you know, it is saying in here at final subdivision approval maybe that's the time they make the decision on what the fair share is. But I'm going to have to take this offline. But I really like to have that kind of chain of events to make sure that if we do get land in lieu—land is pretty broad, right. That land may be of less value in a certain area than in the area that they're developing their property. And so how do you set and appraise market value, making sure we're not giving something up to the developer, and getting kind of equalize? I'm willing to take it offline and really drill down on this a little bit, Page 84 Hawaii County Council-41 June 5,2024 because again, to me, timing of all this has always been a question of mine in terms of us making sure we get equal contribution. Because, right now, we have a dollar value in here that's set, but they are given the opportunity to give us in lieu land. So, anyway, thank you. I yield. CHR. KIMBALL: I think Vice Chair has an additional comment to your question. MR. INABA: Thank you. Council Member Evans, apologies. I was looking at the wrong bill, and it wasn't jiving with my memory. So I found the right bill. There is no fair share contribution for any of the self-help or affordable lots that would be created by this ordinance. So, right now, there is no proposed fair share contribution for this project. Yes. And that is contained in MS. EVANS: Completely self-help. Okay. Thank you. MR. INABA: Condition I of the bill. Condition K of this bill refers to the affordable housing requirements, which state that 32 of the 33 lots would be sold as part of an affordable housing program. Thank you. CHR. KIMBALL: All right. So we're good? I think so? All right. All those in favor of adopting Bill 150, Draft 2, at second and final reading,please say "aye." Vote on Bill 150: The motion to pass Bill 150, Draft 2, on second and final Draft 2 reading was carried by the following voice vote: (Adopted) Ayes: Council Members Evans, Inaba, Kagiwada, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Kaneali`i-Kleinfelder—2. Excused: None. Page 85 Hawaii County Council-41 June 5,2024 Bill 151: AMENDS ORDINANCE NOS. 00-90 AND 91-27, WHICH RECLASSIFIED (Draft 2) LANDS FROM OPEN (0) TO VILLAGE COMMERCIAL (CV-10) AT KEAHUOLU, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-4-015:015 (PORTION) (Applicant: Lili`uokalani Trust) (Area: 0.874 acre) The Leeward Planning Commission forwards its favorable recommendation for the applicant's request to delete Condition C (time to commence construction), Condition D (Eho Street improvements), Condition F (Eho Street/Queen Ka`ahumanu Highway intersection improvements), and Condition K (Administrative Time Extension). The property is located along the makai side of Queen Ka`ahumanu Highway between Eho Street and the Kona Coast Shopping Center. Reference: Comm. 818.4 Intr. by: Mr. Inaba(B/R) First Reading: May 15, 2024 Vote on Bill 151: Mr. Inaba moved to pass Bill 151, Draft 2, on second and Draft 2 final reading. Seconded by Ms. Lee Loy and carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Kaneali`i-Kleinfelder—2. Excused: None. Bill 153: AMENDS CHAPTER 4, ARTICLE 4, SECTION 4-4-26, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO ANIMALS Increases the penalties for a noisy dog violation from $25 to $50 for the first violation, $75 to $100 for the second violation, $100 to $200 for the third violation, and $200 to $400 for any subsequent violation. Reference: Comm. 823 Intr. by: Ms. Galimba First Reading: May 15, 2024 Motion to Approve: Mr. Inaba moved to pass Bill 153 on second and final reading. Seconded by Ms. Lee Loy. CHR. KIMBALL: Any discussion? Council Member Kagiwada. Page 86 Hawaii County Council-41 June 5,2024 MS. KAGIWADA: Thanks. So, in our last discussion or an earlier discussion, I asked that the maker of the bill consider putting in wording so that if somebody felt like they would be in danger approaching their neighbor about a noisy dog, that they could bypass that step before going to Animal Control. I don't see any amendment here and the maker's not here. So I am wondering if we can hold this over. CHR. KIMBALL: I think it might be wise to hold that over until Council Member Galimba can join us. Is there anyone willing to make a motion to postpone to June 19''? Vote on Motion to Ms. Kagiwada moved to postpone Bill 153 to June 19, Postpone: 2024. Seconded by Mr. Inaba and carried by the following (Approved) 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 154: AMENDS ORDINANCE NO. 23-51, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2023 TO JUNE 30, 2024 Adds the Parks and Recreation Spencer Kalani Schutte District Park Community Center/Emergency Shelter—Private Project($750,000) to the Capital Budget. Funds for this project shall be provided from Private Contributions to be used for the design, permitting, and other costs associated with the construction of a new multi-use community center/emergency shelter facility at Spencer Kalani Schutte Park. Reference: Comm. 839 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 15, 2024 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Page 87 Hawaii County Council-41 June 5,2024 Vote on Bill 154: Mr. Kaneali`i-Kleinfelder moved to pass Bill 154 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, and Chair Kimball —7. Noes: None. Absent: Council Members Galimba and Villegas —2. Excused: None. Bill 155: AMENDS ORDINANCE NO. 23-51, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2023 TO JUNE 30, 2024 Appropriates fuel tax revenues expected to be collected from 2024-2026 by establishing the following fuel tax program appropriations to the Capital Budget: Roadway Projects (Engineering) ($2,825,755); Bridge Inspection, Repair and Replacement Program (Engineering) ($1,883,836); and Local Road Improvements (Highways) ($4,709,591), for a total appropriation of$9,419,182. Reference: Comm. 840 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 15, 2024 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Vote on Bill 155: Mr. Kaneali`i-Kleinfelder moved to pass Bill 155 on (Adopted) second and final reading. Seconded by 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. Page 88 Hawaii County Council-41 June 5,2024 Bill 156: 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 Interest—Other Federal account($620,000) and the Interest—Housing account($2,000); and appropriates the same to the Emergency Rental Assistance Administration COVID-19 account($10,000); Cities of Financial Empowerment account($2,000); Emergency Rental Assistance 2 Administration COVID-19 account($500,000); Hawaii Island Landlord/Tenant Mediation Program account($10,000); and the 2021 Hawaii Island Homeowner Assistance Program-Administration account($100,000). Reference: Comm. 841 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 15, 2024 Vote on Bill 156: Mr. Kaneali`i-Kleinfelder moved to pass Bill 156 on (Adopted) second and final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Galimba, Inaba, and Villegas —3. Excused: None. Bill 157: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2024 Appropriates revenues in the Federal Grants —National Coastal Resilience Fund account($2,000,000); and appropriates the same to the National Coastal Resilience Fund account, to be used by the Department of Research and Development to complete a Community-Based Hilo Resilience and Watershed Management Plan. Reference: Comm. 842 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 15, 2024 Page 89 Hawaii County Council-41 June 5,2024 Vote on Bill 157: Ms. Kagiwada moved to pass Bill 157 on second and final (Adopted) reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Galimba, Inaba, and Villegas —3. Excused: None. Bill 158: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2024 Appropriates revenues in the Federal Grants —Aina Based Youth Prevention and Resilience Programs account($12,000); and appropriates the same to the Aina Based Youth Prevention and Resilience Programs account, to be used by the Department of Parks and Recreation for planning, designing, and implementation of substance free educational community service events. Reference: Comm. 843 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 15, 2024 Vote on Bill 158: Mr. Kaneali`i-Kleinfelder moved to pass Bill 158 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. Page 90 Hawaii County Council-41 June 5,2024 Bill 163: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2024 Appropriates revenues in the Federal Grants —Department of Health Complete Streets account($75,000); and appropriates the same to the Department of Health Complete Streets-Federal account, to advance Hawaii County's work on Multi- Modal Transportation Safety. Reference: Comm. 877 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 15, 2024 Vote on Bill 163: Mr. Kaneali`i-Kleinfelder moved to pass Bill 163 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 164: 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 2024 Emergency Proclamation Homeless Programs — State account($1,000,000); and appropriates the same to the 2024 Emergency Proclamation Homeless Programs account, to support the implementation and ongoing operational support of a new homeless shelter program. Reference: Comm. 881 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: May 15, 2024 Vote on Bill 164: Mr. Kaneali`i-Kleinfelder moved to pass Bill 164 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. Page 91 Hawaii County Council-41 June 5,2024 CHR. KIMBALL: We do have the two letters being numbered right now with Council Services regarding the two nominations. So I'm going to suggest we go ahead to our Executive Session item and then we'll hopefully have those in our hands by the time we come back. 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. 886: HUI MALAMA HONOKOHAU V. COUNTY OF HAWAII, ET. AL.; FEDERAL DISTRICT COURT HAWAII, CIVIL CASE 1:23-CV-00393 From Corporation Counsel Elizabeth Strance dated May 16, 2024, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including discussion regarding partial settlement. Motion to Close Ms. Lee Loy moved to close file on Comm. 886. Seconded File: by Mr. Inaba. Vote on Motion to Ms. Lee Loy moved to enter into Executive Session in Enter into order to hold attorney-client privilege discussion regarding Executive Session: Communication 886, as authorized by Section 92-5(a)(4) of (Approved) the Hawaii Revised Statutes. Seconded by Ms. Villegas 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. CHR. KIMBALL: Let's take ten minutes to get into Executive Session, do a quick bathroom break. We will reconvene at, let's see, 2:20 in Executive Session. Recess: At 2:03 p.m., the Chair called for a recess in order to clear the room. Reconvene: The meeting reconvened at 3:10 p.m. CHR. KIMBALL: All right, we are out of Executive Session. I'm going to pass the gavel to Council Member Lee Loy to go ahead and tell us about the Executive Session. Page 92 Hawaii County Council-41 June 5,2024 MS. LEE LOY: Thank you, Chair. Pursuant to Section 92-5(a)(4), we've discussed with Corporation Counsel Council's powers, duties, privileges, immunities, and liabilities as it relates to Case 1:23-CV-00393. Received a status update and accepts the recommendation to close file on Communication 886. CHR. KIMBALL: Thank you, Council Member Lee Loy. With that we have a motion on the floor to close file on Communication 886. Any additional discussion? Seeing none, all those in favor please say "aye." Vote on Comm. 886: The motion to close file on Comm. 886 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. Motion to Remove from Mr. Inaba moved to remove Communication 852 from the Table: table. Seconded by Ms. Lee Loy. CHR. KIMBALL: That one you want to take first? Yes? Okay. MR. INABA: Thank you. We do have Deputy Managing Director Command in our Kona chambers. Mr. Command. (Note: At this time, Deputy Managing Director Robert Command came forward to address the members of the Council.) MR. COMMAND: Yes. I'm sorry. I'm having a hard time hearing here. MR. INABA: Did you want to make any statement on the communication that has been submitted? MR. COMMAND: Yes. We confirmed that we are pulling their nominations. MR. INABA: Thank you. And I would ask that in future communications, the language correctly reflect that the Mayor, him or herself, is pulling back the nomination. This communication is saying "please withdraw." This body cannot withdraw it itself. That's within the power of the Mayor. So, in the future, if we could get these letters worded correctly. But we do have you on record stating that, on behalf of the Mayor, you folks are withdrawing. Correct? MR. COMMAND: Correct. Page 93 Hawaii County Council-41 June 5,2024 MR. INABA: Thank you. MR. COMMAND: I'll (inaudible) the language is correct the next time. Thank you. MR. INABA: Thank you. CHR. KIMBALL: All right. So, with that, there is no need for further action on Communication 852 and the associated Report No. 134 because the nomination has been withdrawn by the Administration. Is that correct, Mr. Clerk? MR. PERRY: I would just ask that the mover for the main motion of Communication 852 withdraw their motion too to confirm as well. CHR. KIMBALL: Can you remind us who was the maker? MR. PERRY: Member Lee Loy. CHR. KIMBALL: Lee Loy, okay. Withdraw MS. LEE LOY: Prior to doing that, I was in communication with Lyan over the GOEAC-134: break and I have information. I think there was a question as to her timing of her submitting her request for a petition. I have confirmation that was May 19''. And then I followed up with the Board of Ethics. They don't meet till June 12''. And so I'm a little concerned because we set her up to request this information, and no matter how timely she was with the information, there was another board and another process that she had to engage in. She's willing to put this down. I just didn't really appreciate some of the inaccurate assertions that was made about her character. So, with that, I withdraw her motion. CHR. KIMBALL: Thank you. We will then—Vice Chair Inaba, go ahead. Vote on Motion to Mr. Inaba moved to remove Governmental Operations and Remove from Table: External Affairs Committee Report No. 136 from the table. (Approved) 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. CHR. KIMBALL: Back to the main motion. Page 94 Hawaii County Council-41 June 5,2024 MR. INABA: Thank you. Deputy Managing Director Command, we have in front of us Communication 855.3. Similar to the previous letter, this is asking the Council to withdraw, but we want to confirm that you, on behalf of the Mayor's office, are withdrawing Mr. Yokoyama's nomination. Is that correct? MR. COMMAND: Yes, confirmed. MR. INABA: Thank you. With that, before the person who made the motion withdraws the motion, I would just ask again that we take a careful lookI did have some communication with Corporation Counsel. Some of these were maybe legal concerns regarding residency and that we definitely should be taking a very careful look at nominations before they come to Council to avoid a waste of time of the Council and potentially embarrassing situations for those who are willing to serve on boards and commissions. Thank you. CHR. KIMBALL: Thank you, Vice Chair Inaba. Mr. Clerk, can you remind us again who was the—or was Council Member Lee Loy the maker of this motion as well? MS. LEE LOY: Yeah. Motion to CHR. KIMBALL: Before you do that, I also want to suggest that we look at having a follow-up letter from Corporation Counsel and the Mayor. We were provided one earlier today that indicated the belief that this was a valid nomination, and now, obviously with this withdrawal, there's an understanding that potentially a reverse of that decision. So I think we need to close the loop on this and have at least one follow-up letter that indicates that decision. That's my request. Council Member Lee Loy. Withdraw Ms. Lee Loy announced the withdrawal of Governmental GOEAC-136: Operations and External Affairs Committee Report No. 136. 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. CHR. KIMBALL: Council Member Lee Loy, you have an announcement? MS. LEE LOY: I do. I'm just so proud of Jimmy Correa day coming up on June 15''. The public is invited. I understand the Mayor has a proclamation. The Page 95 Hawai`i County Council-41 June 5,2024 family is hosting everyone there, and we get to see the unveiling of what will be a very great sign and a very unique plaque. So come on down. Thanks, Chair. CHR. KIMBALL: Fantastic. All right,yes, and Council Member Evans. MS. EVANS: Yeah and love to invite anyone who wants to come up to King Kamehameha Day Parade at the statue up in Kapa'au. It's a wonderful event. So if you have a chance to come. Thank you. CHR. KIMBALL: Thank you. And, Council Member Villegas, what's happening in your district? MS. VILLEGAS: Likewise, on Saturday will be the King Kamehameha Day Parade in Kailua Village. Please come down and enjoy the spectacular pa`u riders. Yeah,there's all kinds of things happening in the village that day. CHR. KIMBALL: Okay, thank you. ADJOURN- There being no further business, Chair Kimball adjourned the meeting at 3:18 p.m. MENT: Council Approval: AUG 2 1 2024 COUNT JH/dg Page 96