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HomeMy WebLinkAboutMIN COUNCIL 2024-07-10 2022-2024 Hawaii County Council 43`'d Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii July 10, 2024 INVOCATION: Pastor Sheldon Lacsina of New Hope Christian Fellowship gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:02 a.m., in the Council Chambers, Hilo, by Ms. Heather L. Kimball, Chair. ROLL CALL: Present: Ms. Heather L. Kimball, Chair Mr. Holeka Goro Inaba, Vice Chair Ms. Cindy Evans, Member Ms. Michelle M. Galimba, Member Ms. Jenn Kagiwada, Member Mr. Matt Kaneali`i-Kleinfelder, Member (came in later) Ms. Ashley L. Kierkiewicz, Member Ms. Susan L. K. Lee Loy, Member (via videoconference from Kona) Ms. Rebecca Villegas, Member (came in later) PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Acting Clerk Relley Araceley 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 (There were none.) EXPRESSIONS OF CONDOLENCE: 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: Hawaii County Council-43 July 10,2024 Michaela Ikeuchi: Bill 169, Draft 2 (Comm. 896.5), in opposition. Rebecca Melendez: Bill 169, Draft 2 (Comm. 896.5), in opposition. (See Comm. 896.125) Cecelia Frazier: Res. 543-24 (Comm. 912), in support. (See Comm. 912.6) Colonel Deb Lewis: Res. 543-24 (Comm. 912), in support. Timothy Rowan: Bill 140 (Comm. 764), in support. (representing Black Sands Beach Property Owners Association and Malama O Puna) Carrie Kowalski: Bill 140 (Comm. 764), in support. (representing Black Sands Beach Property Owners Association) Joel Gimpel: Bill 169, Draft 2 (Comm. 896.5), in opposition. (representing Pualani Estates Homeowners Association) Renee Robinson: Bill 169, Draft 2 (Comm. 896.5), comment. Maria Jose: Bill 166, Draft 2 (Comm. 885.9), in opposition. Cheryl Tanguay: Bill 169, Draft 2 (Comm. 896.5), in opposition. (See Comm. 896.143) Michael J. Matsukawa: Bill 169, Draft 2 (Comm. 896.5), comment. (representing Kona Three, LLC) (See Comm. 896.123) Charles Young: Bill 169, Draft 2 (Comm. 896.5), comment. (representing Kona Community Development Plan Action Committee) Greg DiBenedetto: Bill 140 (C omm. 764), in support. (representing Black Sands Beach Property Owners Association) Kevin Kuschel: Bill 140 (Comm. 764), in support. Page 2 Hawaii County Council-43 July 10,2024 Jerome Kanuha: Bill 169, Draft 2 (Comm. 896.5), in support. Noelle Lindenmann: Bill 169, Draft 2 (Comm. 896.5), in opposition. Cory Harden: Bill 169, Draft 2 (Comm. 896.5), in opposition. Lauren Adler: Bill 166, Draft 2 (Comm. 885.9), in support. (See Comm. 885.11) Nicholas Adler: Bill 166, Draft 2 (Comm. 885.9), in support. Dylan Gaspar: Bill 169, Draft 2 (Comm. 896.5), in support. (representing International Longshore and Warehouse Union Local 142) Jennifer Yadao: Bill 169, Draft 2 (Comm. 896.5), in support. (representing International Longshore and Warehouse Union Local 142) Maki Morinoue: Bill 169, Draft 2 (Comm. 896.5), in opposition. (See Comm. 896.126) Anita Barker: Bill 169, Draft 2 (Comm. 896.5), in opposition. (See Comm. 896.98) Janice Palma-Glennie: Bill 166, Draft 2 (Comm. 885.9); and Bill 169, Draft 2 (Comm. 896.5), in opposition. Chuck Flaherty: Bill 169, Draft 2 (Comm. 896.5), in opposition. (See Comm. 896.106) Tanya Aynessazian: Res. 539-24 (Comm. 908), in support; Res. 543-24 (Comm. 912), in support; Bill 140 (Comm. 764), in support; and Bill 169, Draft 2 (Comm. 896.5), in opposition. Pane Meatoga III: Bill 169, Draft 2 (Comm. 896.5), in support. (representing Operating Engineers Local 3) Josephine Keli`ipio: Bill 169, Draft 2 (Comm. 896.5), in opposition. Laura Johnson: Bill 169, Draft 2 (Comm. 896.5), in opposition. Page 3 Hawaii County Council-43 July 10,2024 Isaac Tanaka: Bill 166, Draft 2 (Comm. 885.9), in support. Cindy Freitas: Bill 166, Draft 2 (Comm. 885.9); and Bill 169, Draft 2 (Comm. 896.5), in opposition. Emmanuel Zibakabun: Bill 169, Draft 2 (Comm. 896.5), in support. (representing Laborers Local 368) Lydia Yu: Res. 543-24 (Comm. 912), in support. (See Comm. 912.8) Deborah Ward: Bill 140 (Comm. 764), in support; Bill 166, Draft 2 (Comm. 885.9),in opposition; and Bill 169, Draft 2 (Comm. 896.5), in opposition. (See Comm. 896.147) Debbie Hecht: Bill 169, Draft 2 (Comm. 896.5), in opposition. (See Comm. 896.110) Janice Kerr: Bill 169, Draft 2 (Comm. 896.5), in opposition. (See Comm. 896.117) Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following item was taken out of order: STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON BILL 169, The following individuals registered to speak and came forward when called by DRAFT 2 the Chair: (COMM. 896.5): Simmy McMichael: In opposition. (See Comm. 896.124) Lokelani McMichael: In opposition. Janet Matlock: In opposition. (See Comm. 896.121) Laura Aquino: In support. Diane Blancett-Maddock: In opposition. David Blancett-Maddock: In opposition. Page 4 Hawaii County Council-43 July 10,2024 John Powell: In opposition. (See Comm. 896.132) Elizabeth Dunn: In opposition. (See Comm. 896.102) Kate Winter: In opposition. (representing Pualani Estates Homeowners Association) Renee L. Inaba: In opposition. (See Comm. 896.113) Derek Inaba: In opposition. (See Comm. 896.111) Bill 169: AMENDS ORDINANCE NO. 02-131, WHICH AMENDED ORDINANCE (Draft 2) NOS. 97-99, 94-34, 93-26, 91-96, 90-62, 88-4, 84-42, AND 84-23, WHICH RECLASSIFIED CERTAIN LANDS FROM UNPLANNED (U) TO MULTIPLE-FAMILY RESIDENTIAL—5,000 SQUARE FEET (RM-5) AND SINGLE-FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15) AT HOLUALOA 1 AND 2, NORTH KONA, HAWAII, COVERED BY TAX MAP KEYS: 7-6-021:004, 009-013, AND 015-017 (Applicant: Kona Three, LLC) (Area: approx. 175 acres) The Leeward Planning Commission forwards its unfavorable recommendation for the applicant's request for a 10-year time extension to Condition I(Complete Construction of the First Increment on RM Zoned Lands) and amendment to clarify Condition N (Roadway Standards), which would apply only to Tax Map Key Nos. 7-6-021:016 and 017, consisting of a total land area of 67.162 acres. The subject properties are located along the east(mauka) side of the Queen Ka`ahumanu Highway at its junction with Kuakini Highway, between Pualani Estates subdivision to the north and Kona Vistas to the south. Reference: Comm. 896.5 Intr. by: Mr. Inaba(B/R) Negative: LAAC-64 (Due to a vote of 4-ayes, 5-noes) (Note: The following were circulated regarding Bill 169, Draft 2: 1. Comm. 896.91from Council Member Holeka Goro Inaba dated July 8, 2024, transmitting testimony from the Kona Community Development Plan Action Committee; 2. Comm. 896.92 from Council Member Holeka Goro Inaba dated July 8, 2024, transmitting a statement from Kona Three, LLC, received from Land Use Consultant Daryn Arai; Page 5 Hawaii County Council-43 July 10,2024 3. Comm. 896.93 from Council Member Holeka Goro Inaba dated July 9, 2024, transmitting proposed conditions and PowerPoint material from Kona Three, LLC, received from Land Use Consultant Daryn Arai; 4. Comm. 896.94 from Council Member Jenn Kagiwada dated July 8, 2024, transmitting proposed amendments to Bill 169, Draft 2; 5. Comm. 896.95 from Council Member Rebecca Villegas dated July 10, 2024, transmitting supporting material; and 6. Comm. 896.96 from Council Member Jenn Kagiwada dated July 10, 2024, transmitting proposed amendments to Bill 169, Draft 2.) Motion to Approve: Mr. Inaba moved to pass Bill 169, Draft 2, on first reading. Seconded by Ms. Kierkiewicz. CHR. KIMBALL: At this time, I will move us into recess until 11:35 (a.m.). However, when we come back, I ask everybody to come back promptly at 11:35. We only have Deputy Planning Director Darrow until noon. We do have April Suprenant and Maija Jackson on Zoom to answer questions from Planning after that. Of course, Director Kern is conflicted out of this particular matter. So, when we come back, I want to make sure we prioritize questions for Deputy Director. At this time, we'll take a recess. Okay, we will recess until 11:38 at the request of Council Member Villegas, but come back promptly. Thank you, everyone. We're in recess. Recess: At 11:28 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 11:38 a.m. CHR. KIMBALL: All right everyone, welcome back. The time is now 11:38. We are taking this meeting out of recess. I believe we have all of the Council Members present. So, I would like the record to reflect that Council Member Kaneali`i-Kleinfelder and Villegas have joined us. I do not see Council Member Lee Loy in Kona. Council Member Lee Loy, are you there? Oh, there she is. She turned around. All right, I see you now. Okay, great. All right, at this time, the motion on the floor by Vice Chair Inaba, seconded by Council Member Kierkiewicz, is to approve Bill 169. Again, we only have Deputy Director Darrow for another 20 minutes here. So, I want to actually initially restrain our questions perhaps to Deputy Director Darrow so that we can make the most of our time with him. Are there any questions for the Deputy Director to start off? Council Member Evans. MS. EVANS: I had asked Deputy Director Darrow to explain why it's going from an Unplanned to a RM-5 (Multi-family Residential), because I couldn't find it in the County Code anywhere. So, I just think it's really important to point out to the public that what this really is is a change in ordinance. After the original Page 6 Hawaii County Council-43 July 10,2024 ordinance came into being, there's been a change in Code. Can you explain to people, because it's kind of weird to read that we're going from an Unplanned to an RM. MS. VILLEGAS: Chair, for Kona, we're having a hard time hearing. If everybody could speak into the mic. Thanks so much, Cindy. MS. EVANS: Thank you. I'm asking if we could just get a quick explanation because the title says we're going from Unplanned zone to a RM-5 zone, and I can't find an unplanned zoning in the Code. Thank you. (Note: At this time, Planning Deputy Director Jeffrey Darrow came forward to address the members of the Council.) MR. DARROW: Thank you, Chair Kimball and members of the County Council. Aloha. To answer your question, Council Member Evans, Unplanned was actually a zoning district from 1967 till 1996. It had permitted uses. It had a minimum lot size of five acres. So, it was actually in the Zoning Code,just like we have all the other zoning districts. At the time that the original ordinance or change of zone came through for this project, the zoning for this project was Unplanned. And the title remains as it continues to be amended, and it's been amended a number of times. MS. EVANS: Okay, as it's amended over timeso, as it got amended, it didn't get amended to another zone; it stayed U (Unplanned)? MR. DARROW: The original zoning was Unplanned. It was changed to Multiple-Family 5,000. As mentioned previously, in 1996 there was only one mention of an Unplanned in the Zoning Code where it redesignated all Unplanned to Agricultural five acres. MS. EVANS: Okay, I think it's really interesting,because it just shows you, and to me, how long this project's been around. And that I think plays into what I'm thinking about this project, that it's been sitting there for a long time, and we keep asking for extensions. So, with that, I yield and I'll come back with more questions. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Anyone else with questions for Deputy Director Darrow? Council Member Villegas. I don't think your mic is on. MS. VILLEGAS: Thank you, Chair. Aloha, Mr. Darrow. My first question for you today is, how many iterations of the Master Plan for this project have you seen or have come through your office? Page 7 Hawaii County Council-43 July 10,2024 MR. DARROW: I haven't seen many. If anything, maybe the original and maybe a revision. It doesn't seem like it's been a significant amount. MS. VILLEGAS: Interesting. Because I have served in office for five-and-a-half years, and I have printed in front of me at least three different iterations of the proj ect. MR. DARROW: Yeah, that sounds accurate. MS. VILLEGAS: That's a lot in five-and-a-half years. Would you agree? MR. DARROW: Again, projects change in relation to issues that come up to be able to adjust to meet those issues. So, it's not uncommon. MS. VILLEGAS: Is it common for a 40-year-old project to come to the Planning Department for a 10-year time extension? MR. DARROW: It is not common. We have had others. You're aware of Kaloko Heights, that's been an ongoing project. MS. VILLEGAS: That's the one that's an authentic workforce housing project, correct? MR. DARROW: Part of it. MS. VILLEGAS: A significant portion, and they're building the workforce housing component first, correct? MR. DARROW: Correct. MS. VILLEGAS: Correct. I'm going to yield for now. CHR. KIMBALL: Thank you, Council Member Villegas. Before I go back to Council Member Evans, anyone else? Vice Chair Inaba. MR. INABA: I just want on the record, Deputy Darrow. So, should Bill 169 not pass, the designation of the property remains as it is. That's correct? MR. DARROW: That's correct. Until an action is taken, as we had talked in great length at the last meeting. MR. INABA: Thank you. I just wanted that stated on the record. I think there was some confusion as to what happens if it doesn't pass. So, I'll yield at this time. Page 8 Hawaii County Council-43 July 10,2024 CHR. KIMBALL: Thank you, Vice Chair Inaba. I'm going to Council Member Kagiwada, and then Council Member Kaneali`i-Kleinfelder. Council Member Kagiwada. MS. KAGIWADA: Thank you. I just had one question. I heard from several testifiers saying that these developers have had this property and had been working this for over 40 years. Is it this developer or different developers? I was a little confused by that. Can you clarify? MR. DARROW: It's a number of developers. The actual applicant can answer more specifically. My understanding is Kona Three (LLC) has acquired this property since 2015. MS. KAGIWADA: Okay. So, they haven't had it for over 40 years, okay. I just wanted to understand that better. Thank you, I yield. CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Good morning, Jeff. MR. DARROW: Good morning. MR. KANEALI`I-KLEINFELDER: What is the guiding document or ordinance for this parcel right now? MR. DARROW: As far as the change of zone ordinance? MR. KANEALI`I-KLEINFELDER: No, we have that in front of us. It's Bill 169. What is it currently? Is there any conditions? Is there an ordinance? MR. DARROW: Yes. I mean, the ordinance that was last approved was 02-131. And again, that time has lapsed. Therefore, that's why the applicants are before the Commission and Council at this time. MR. KANEALI`I-KLEINFELDER: Okay, so currently, because that ordinance lapsed, where are we? MR. DARROW: They're in limbo. They cannot come in for a building permit. They cannot come in for a plan approval for a project. There are times when a project is in limbo, and they're doing something very, you know, that would be approved even on a particular project overall like building one house or something. That may go through, but again, normally they're looking at trying to get the time to be able to continue with the project. MR. KANEALI`I-KLEINFELDER: Okay. When did it lapse? Page 9 Hawaii County Council-43 July 10,2024 MR. DARROW: It lapsed ten years after '02, so 2012. CHR. KIMBALL: Before you ask him more questions, Council Member, can you speak directly into your mic? We're still having trouble over in Kona. MR. KANEALI`I-KLEINFELDER: Sorry, I never liked swallowing these things. Okay, so lapsed in 2012, correct? And this was acquired, I believe, in 2015, is that correct, by the current applicants? MR. DARROW: That's my understanding. Correct. They can clarify on the record, but I believe that's correct. MR. KANEALI`I-KLEINFELDER: Mr. Arai, if you can confirm that for me, please? (Note: At this time, Land Use Planning Consultant Daryn Arai came forward to address the members of the Council.) MR. ARAI: My apologies. Good morning, Chair Kimball and members of the Council. The property was purchased in December of 2015. MR. KANEALI`I-KLEINFELDER: Okay, so it was bought with a lapsed ordinance. MR. ARAI: That is correct. MR. KANEALI`I-KLEINFELDER: Interesting. Okay. Now, Mr. Darrow, what then happens? I mean, it's interesting to me that you purchase a property or parcel, and you have a lapsed ordinance. Why would that happen, and maybe not the best question, but where does that leave us as a County if we can buy properties with a lapsed ordinance with no conditions? MR. DARROW: It is a decision made by the applicants with an understanding that they have to do a particular action before moving forward. Whether that be come in for a time extension; whether that be request a different zoning or even a reversion. An action has to be taken when you make that decision to purchase with a lapsed ordinance. MR. KANEALI`I-KLEINFELDER: Okay. To Mr. Arai then, 2015 purchased by the applicant, and we're in 2024. So nine years later, what was the lag between purchase and entry to Council for a rezone? MR. ARAI: I think the lag period, I'm trying to remember, was somewhere like six-and-a-half to seven years before the application was actually submitted to the Planning Department, which resulted in this matter before you. Page 10 Hawaii County Council-43 July 10,2024 The seven years prior was consumed with developing the necessary studies to support the preparation of an environmental assessment(EA), and that was then filed with the County and went through its paces. And again, the EA includes things like traffic studies, archeological studies, cultural impact analysis, all biological studies. All those studies had to be prepared and incorporated. MR. KANEALI`I-KLEINFELDER: Okay, thank you. And then a question for Mr. Darrow again. The new ordinance, Bill 169, Draft 2, consisting of a total land area of 67 acres, is that the entire parcel? MR. DARROW: Correct. Two parcels. MR. KANEALI`I-KLEINFELDER: Two parcels. So, this rezone ordinance would address two parcels in entirety? MR. DARROW: Yes. MR. KANEALI`I-KLEINFELDER: Okay, I yield, thank you. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Anyone else, comments? Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Deputy, thanks for being here. I want to speak specifically to the department's recommendations with the project being aligned with the Kona CDP (Community Development Plan). We heard from the Action Committee, and also in testimony, that this project is not aligned with the CDP, specifically in relation to transportation, environmental resources, and flood corridors. And I just wanted to present you the opportunity to set the record straight. MR. DARROW: Thank you, Council Member Kierkiewicz. It's a difficult position to be in to receive a negative recommendation or an inconsistent recommendation from the Action Committee. The Planning Department reviewed this project back in 2017, as requested by the applicant in the proposed proj ect. We submitted a letter to the applicant dated September 1, 2017, showing all the areas where this project was consistent with the CDP, even the areas, not both of them, but the area of concurrency. This project is consistent with Transportation 6 in the CDP. So, it was unfortunate to see that, but the Planning Department still supports this project as consistent overall with the Community Development Plan. MS. KIERKIEWICZ: Deputy, a couple other items related to environmental resources, managing the impacts, and flood corridors. Page 11 Hawaii County Council-43 July 10,2024 MR. DARROW: So, I mean, whenever a project comes before the Planning Department, the Planning Commission, the Council, and there's flood issues, they have to be able to mitigate those impacts, whatever they may be. In this particular case, it's affected by flooding. A majority of the flood area is actually on County property that comes through and bisects through this property. A portion of it goes off and is within the property. The applicants have strict conditions within the ordinance; three of them, exactly, that have to mitigate all of those potential impacts. They have to take care of any type of development-generated runoff to make sure that it doesn't go off the property. They cannot solve the problem for the flood zone. It's there. They just cannot increase it. They have to maintain that velocity. But they also have to be able to build this project in compliance with Chapter 10 and Chapter 27. MS. KIERKIEWICZ: Thank you, Deputy. I really appreciate your department's thorough review of the application. Thank you, Chair, I yield. CHR. KIMBALL: Thank you, Council Member. Checking in with Council Member Lee Loy. All right, coming back here to Council Member Evans and then Council Member Villegas. MS. EVANS: Thank you. My question is for Corporation Counsel. CHR. KIMBALL: Council Member Evans, if it's for Corporation Counsel, I'm just going to see if Council Member Villegas has anything for Deputy Director since he has six more minutes with us. MS. EVANS: Ooh, six more minutes for you. Ooh, okay, I can change things. MR. DARROW: I apologize. I mean, I can hang around for a few more minutes. I'm not, like, rushing out of here. CHR. KIMBALL: Just want to make sure we use your time as best we can. MS. EVANS: Thank you for reminding us. It says prior affordable housing agreements related to Ordinance 2 (02-131) shall be replaced or amended to reflect conditions of the amended ordinance. So, I think you need to tell us what was the original affordable housing agreement in 02-131; what was the percentage versus what is being proposed today. MR. DARROW: Again, the original, all the way back to the Land Use Commission condition, was 10 percent of the units, or lots and houses, had to be built on-site and offered for sale at these particular levels. That didn't change until recently with this new amendment with the introduction of Chapter 11. So, Page 12 Hawaii County Council-43 July 10,2024 they still have to comply with the requirements of the State Land Use Commission, the 10 percent required to be built on-site and offered, as well as an additional 10 percent for their project. So,just to break it down in numbers, the original development of Kona Vistas was 215 houses, I believe, which equated to 22 units. So, you have 22 units required. Their project of 450 units, 10 percent of that is 45. So, 67 needs to be built on-site. That's the requirement from the State Land Use Commission. Additionally, they have the requirement of Chapter 11 to meet 20 percent. So, that's an additional 10 percent on their project, which would be an additional 45 units, however they work it out in the affordable housing agreement. There's no condition at this time that says those 45 have to be built on-site. MS. EVANS: Okay, so you just made a statement that there's been an affordable housing agreement. So, is that something you didn't get involved this would be Office of Housing (and Community Development)? They've actually negotiated an agreement? MR. DARROW: Correct. I believe—let me look at the proposed condition here. MS. EVANS: The reason I bring it up is, sometimes when you read these ordinances, there's so much backstory and information that you can't see when you read one sentence. And I think, to put it in perspective, that's why I'm asking this question. So, we're going from, basically, 10 percent on-site, this new—if it would be to pass, would go to 20 percent on-site. MR. DARROW: So Condition W worked on clarifying the affordable housing condition—and this may be a better question for Housing but one thing that I'd like to bring to your attention is at the end of Condition W. It states, "Prior affordable housing agreements related to Ordinance 02-131 shall be replaced or amended to reflect the conditions of this amended ordinance." So we're starting over again. But they, again, still are required to do the 10 percent on-site, as required by the Land Use Commission, and the additional 10 percent for their project, under Chapter 11. MS. EVANS: Okay, I will save my questions for Susan Kunz and Corporation Counsel. MR. DARROW: Thank you. CHR. KIMBALL: Yeah, I think there's a lot of confusion around the whole affordable thing. So I'm sure we'll have Susan on the hot seat here for a while. Council Member Villegas, back to you. MS. VILLEGAS: Mr. Darrow, what's the purpose of the Kona CDP? Page 13 Hawaii County Council-43 July 10,2024 MR. DARROW: It is to bring forth the general policies and objectives, goals in the General Plan to more specific direction within a particular location. In this particular area, it would be Kona. MS. VILLEGAS: So these are the people who have been nominated, correct? MR. DARROW: Correct. MS. VILLEGAS: And serve on the CDP, who are directly connected to this community, the issues surrounding this community, and, in a lot of cases, the history of this community, correct? MR. DARROW: Very much so, yes. We really appreciate all the hard work and volunteer work that they do for the County. MS. VILLEGAS: Yeah, me too. Unfortunately, at the beginning of this Administration, we had some challenges with the CDP. A statement was made by the Planning Director that there was intention to essentially halt them and put them on pause, and the reason stated was that Planning was understaffed. But the message that was sent to the community was that they were being undervalued and undermined. Thankfully, the CDP Action Committee representing Kona has not had that happen. And they've taken it upon themselves with the time and energy and discipline to review this project, and do what I think is unprecedented. They recognize that they don't have the authority to deny this project or state specifically that it should not be provided a ten-year time extension. But they have reviewed the project and with their in-depth knowledge of how the CDP relates to the General Plan, and found very obvious and very telling places in which this project does not align with our Kona CDP. So, to sit here and have to hear that that isn't valid or somehow they're incorrect, it's insulting to the CDP, and it greatly concerns me that the process was followed. We're here to follow a process, and the process was followed, and as it's been the case at all the other hearings, they brought a very professional, very detailed letter outlining and connecting how this project does not align with our Kona CDP; and the concurrency requirements for infrastructure, along with a number of other issues. I also want to point out that there was a lot of stress because the testimony was sent in and took a long time to come out of Planning. Can you tell me why it took that long in order for it to get to testimony to ensure that the Council Members here were able to read it today? MR. DARROW: I can't answer that question. Page 14 Hawaii County Council-43 July 10,2024 MS. VILLEGAS: But you understand my concerns. It's hard to sit here and MR. DARROW: I understand as well because I didn't receive this until very recently myself. MS. VILLEGAS: Exactly. I also have a number of documents in front of me that outline very specifically, written by a very proficient reporter that a number of us here read her publications, and it outlines in detail all the dates, all the different business arrangements and name changes for the people who have participated, and the developers who are invested in this project and the other projects. I won't waste the time and energy of my counterparts here, but I would be happy to share those publications with you in which it's outlined in detail that, in fact, the people involved in Kona Three have been involved in doing business with one another. Whether or not you've changed the name of your company doesn't change the fact that you're invested with one another, and I'd like to state that for the record that you have been. And I can provide that information. But I feel like the public deserves to know that as well because they're really disappointed. So, Mr. Darrow, I would hope that, in the future, you might be able to look at issues like this with a broader lens and let go of the opportunity to disclaim, but then to look at what's right there and what the people are asking for, and the value of our CDPs and why they were created. And that our community believes in them and they have to be honored, and their recommendations should be respected. I yield. CHR. KIMBALL: Thank you, Council Member Villegas. Any response, Deputy? MR. DARROW: Thank you, Chair. Council Member Villegas, we take the Kona as well as all other Community Development Plans very seriously. When we look at a project that has a development plan, we make sure that whatever application or project is before us, that it is consistent with that particular plan. If it is not, we will provide a negative recommendation. So we had, for this particular project, had done hours and hours of review of all of the different policies, objectives, goals, and actions of the Community Development Plan and concluded that this project is very consistent with the Community Development Plan. It provides, almost touches upon all the guiding principles of the Kona CDP. It provides three roads within its own project and a fourth connection to the highway, that you don't see that normally in any other proj ect. Page 15 Hawaii County Council-43 July 10,2024 It provides affordable housing and housing opportunities, which is a guiding principle for the CDP. It provides infrastructure and it has infrastructure. I mean, I can go on. This project meets many areas of the CDP for consistency, even concurrency. CHR. KIMBALL: Thank you, Deputy. MR. DARROW: Thank you. CHR. KIMBALL: Going to Council Member Evans, briefly, for a quick question. MS. EVANS: Okay, so it's a question. I'm looking at the fair share contributions, which is under Condition U, and then I go farther. And at the end of it in the last paragraph, it says, "The cost of a highway intersection improvement required in Condition M shall be credited against the sum specified in Condition U for traffic and road improvements." I personally don't support that. I would like them to pay for intersection improvements, but the fair share was meant for parks, recreation, police, fire, solid waste. So it's not clear. I just want the Fair Share, and I want those other things addressed. There was people that testified today that really pointed out the impacts and the lack of facilities that we have in this area. If in fact we're going to build workforce housing or housing that is for our local families, we have to make sure all those things are dealt with. So, when you came up with the fair share numbers and then this in particular, can you tell us how you made that decision to basically give them credit? MR. DARROW: Sure, Council Member Evans. This is standard language that is included in any project that does regional-type improvements; improvements off- site, not on-site. So, they are not being credited for any improvements that are required on-site, but because they're required to put in these off-site improvements, those can be credited towards the road portion of the fair share. And this is consistent with many other change-of-zone applications that have been approved through Council. MS. EVANS: It's kind of odd to me because I know what's going on up in Waikoloa, and I just feel like people want that regional intersection improvements and it's not happening. So I get the impression that when you have these older ordinances, be it stale or be it they're asking for extensions, that I think, if you go back to the original ordinance, if that's where we started, it's kind of like are we really treating everybody equally? Because, I'm not convinced it's happening in my district, that you're doing regional improvements based on any traffic impact study that's coming off of what's being proposed to be developed, right. Because, what's happened is the zone has been sitting there for years and years and years, but they actually come in now and they finally tell you what they're going to do. Page 16 Hawaii County Council-43 July 10,2024 They show you this traffic impact study. It's going to have a huge impact on roads that can't take it, and yet, I'm not seeing those intersection regional improvements getting done. In this case they are, but you want to give them credit for it. I don't know; I'm confused because it feels like there's inconsistencies. So, tell me how you'd apply this. Do you have an internal policy or is it being driven by a Code or some regulation that's guiding you? MR. DARROW: It's been a consistent policy as long as I've been with the Planning Department for over 25 years. And, again, whenever there is a project that is required to have to do improvements off-site, that proposal is brought up to the Council, which they normally approve that condition as part of the fair share because they are required to have to do regional-type off-site improvements. They are not credited for any of the work that they are required to do on-site, including the dedication of roads to the County. MS. EVANS: I guess another way to say it is you're applying the fact that people come in. Based on the traffic impact study, it's showing that the roads can't take more traffic. Are you applying this across the road, that all these other subdivisions that we will approve, they will have to do the regional intersections and the other improvements, and you're going to credit it towards their fair share? MR. DARROW: It goes back to whether or not that particular project was approved through a zoning ordinance, or if it was original zoning. If all they're doing is coming in for subdivision, they don't pay fair share; they don't get credit for any improvements. It's just a requirement of the Subdivision Code. In this particular case, they're coming in for zoning. The conditions apply to the project. MS. EVANS: Okay, I'll make sure we're treating people kind of equally because we need infrastructure. Thank you. CHR. KIMBALL: Thank you. How are we doing? It's a little better? Couple more minutes, all right. Council Member Villegas, quickly, then Council Member Kaneali`i-Kleinfelder. And let's again keep it succinct. We do have other folks from Planning available for more of these less specific questions. MS. VILLEGAS: Thank you. Mr. Darrow, have you seen and read the letters from the Kona Soil and Water Conservation District, their determinations? MR. DARROW: Not recently. MS. VILLEGAS: Not recently? MR. DARROW: Not recently. Page 17 Hawaii County Council-43 July 10,2024 MS. VILLEGAS: Okay, well, I have two new letters from them, both stating scientific reasons, and they were sent as testimony. And they are directed to you and Mr. Kern, Mr. Pause, and Maxine Cutler as they relate to the H61ualoa flood corridors and the impacts those flood corridors could have, and also the opportunity for them to be preserved because the priority, as I think Chair Kimball, when we worked on getting OSCER (Office of Sustainability, Climate, Equity, and Resilience)passed, if I remember correctly, one of the priorities of OSCER was the protection of riparian zones and waterways for the health and safety of our ocean ecosystems. So the Kona Soil and Water Conservation District, so everyone can see, both sent in letters stating that this property should not be developed and this time extension should not be approved because of the value of this land and the flood corridors that run through it. CHR. KIMBALL: Just quickly, Council Member Villegas, were both letters provided as communication? I'm only seeing one. MS. VILLEGAS: Yes, they were. Unfortunately, there have been a number of snafus with testimony being received and processed in a timely manner before this hearing. CHR. KIMBALL: Just so you're aware, the only one we have in front of us is the July 9h (see Comm. 896.118). MS. VILLEGAS: Okay, is it the one from Jeff Knowles or from Robin Hill? CHR. KIMBALL: Communication 896 from Robin Hill. MS. VILLEGAS: Okay. There is also one from Jeff Knowles. I would say I would work on getting that processed, but I was already trying to do that and somehow it's not happened. So it's extremely frustrating but I'm happy to share a copy with anyone or have copies shared. But I will also, then, move on to a letter of testimony sent in by the Na`alahele Hawaii Trail and Access System. Are you aware of that testimony? MR. DARROW: What is the date of that letter? MS. VILLEGAS: December 14'', 2022. MR. DARROW: That was part of our original package. I've read those letters. MS. VILLEGAS: Yes. So I've heard a number of times here today it be claimed that there are no cultural trails on this property. Correct? MR. DARROW: No evidence, yes. Page 18 Hawaii County Council-43 July 10,2024 MS. VILLEGAS: No evidence. So listed in this letter is evidence and statements from the experts. And I have been trying to get them to be here to answer questions, but the dynamics of the Council meeting and the timing have continued to make it very difficult. But I would love to put my Council Members in touch with Jackson, for him to answer those questions. I'd also like to refer you to the letter from December of 2022 where it says, "An important site just below the project area and between this network of trails is the Kealakowa`a Heiau complex. Its name suggests, along with historical accounts in history, this was an important site in relation to the canoe carving and the hauling of canoes on these mauka-makai trails. Keala means `the trail.' Kowa`a, `for canoes.' All of this evidence points to the assumption that the origin of these trails may predicate the historic period and be viewed as government-owned public trails per the Highways Act of 1892. The recommendation was that more research is needed to investigate the vintage and potential alignments of these trails based on existing maps, known use patterns, testimony, and context." "Second recommendation: Honor the alignment of the trails even if archeological evidence has been displaced. Consider utilizing the trail corridor as a pedestrian access incorporated into the development plans. Recommendation: Consult with Na Ala Hele Trail and Access Program and the Ala Kahakai National Historic Trail to discuss the above recommendations further." Are you familiar with this letter and what they've asked for? MR. DARROW: Yes. MS. VILLEGAS: Has it been done? MR. DARROW: There has been much testimony regarding this issue (inaudible) MS. VILLEGAS: I didn't ask if there was testimony. I asked whether or not they have been consulted by Planning for their expert opinion. MR. DARROW: They have been requested for comments, which they've provided. So, in the process of planning for this project, we will work with them in regards to any trail system or any type of alignment that needs to be preserved as we move forward. MS. VILLEGAS: I apologize but I find that hard to stomach when everything else that's been said here today is trying to deny that they even exist. So now you're trying to tell me that you would take into consideration and acknowledge that they do exist, documents and maps outlining that go all the way back to 1914. But I'm hearing, consistently, disclaimers of the existence of any of these cultural sites. Page 19 Hawaii County Council-43 July 10,2024 CHR. KIMBALL: Can you summarize in that question, Council Member Villegas? I'm going to let Deputy Director MS. VILLEGAS: Sure. I suppose my question would be to the Council; I don't understand how we can be expected to believe that these priceless and sacred spaces will be authentically given what is legal and binding for how they'd be treated, taken seriously when they continue to be denied. So I ask for your support in recognizing the frustration of myself and those who are scientists and archeologists and have the proof, but continue to be disclaimed. CHR. KIMBALL: Thank you, Council Member. Thank you, Deputy Director. I'll let you off. Vice Chair Inaba. Council Member Kaneali`i-Kleinfelder is good. MR. INABA: No questions for Planning. I'm wondering if we can proceed if Deputy is leaving. CHR. KIMBALL: Yup, okay. MR. DARROW: Thank you. And I apologize again for the timing. CHR. KIMBALL: No, I understand. Well, I'm sure we're in capable hands with the rest of your staff. MR. DARROW: Thank you. CHR. KIMBALL: I know this is a little bit disjointed. Typically, we would start with this, but I would ask the applicants and their representative to come to the table and provide us with any remarks by way of presentation before we get into further deliberations. MR. ARAI: Good afternoon, Council Members. Again, my name is Daryn Arai. I'm assisting the applicant, Kona Three, LLC, with this application. To my left is Mr. Robert Williams, one of the members of Kona Three, LLC. Behind me is Mr. Roland Higashi, and unfortunately, the third member, Richard Wheelock, is unavailable today. Also assisting us is counsel for Kona Three, LLC, Michael Matsukawa and our Holua expert, Mr. Keone Kalawe, who is sitting in the back. Based on all the testimony, maybe it's best if I go through my PowerPoint presentation, if that's okay with you. I promise I didn't choose the font; the computer chose it. But, anyway MR. ARACELEY: Sorry, Daryn, you might have to actually use the laptop clicks. Page 20 Hawaii County Council-43 July 10,2024 Point of Information: MR. KANEALI`I-KLEINFELDER: Chair,just a point of information. Has this been provided to the Council? MR. ARAI: Yes. MR. KANEALI`I-KLEINFELDER: Okay, that's what we have? MR. ARAI: I believe so. I submitted it yesterday. MR. KANEALI`I-KLEINFELDER: Thank you. (Note: At this time, Planning Consultant Daryn Arai provided a PowerPoint presentation to the members of the Council. For viewing of the subject presentation, see the DVD copy of the meeting proceedings on file in the Clerk's Office or navigate to the Council's video archives from the County's homepage at www.hawaiicounty.gov. A copy of the PowerPoint presentation is made a part of the record, see Comm. 896.93.) CHR. KIMBALL: Thank you, Mr. Arai. At this time, if it's all right with Vice Chair Inaba, I'd like to pass the gavel to you as I have not had an opportunity for a break yet. So I'm going to go take one while you guys soldier on for a moment. Relinquish Chair: At this time, Chair Kimball relinquished the chair to Acting Chair Inaba. ACTING CHR. INABA: Going back to Council Member Villegas. MS. VILLEGAS: Sure. Mr. Arai, can you please bring up the map of the project that you had before? MR. ARAI: The presentation went off my screen. I'm not sure how to get it back. ACTING CHR. INABA: For the public's knowledge and for the Council, the presentation provided by the applicant is contained in Communication 896.93, which was uploaded into the system and provided as part of our pinkie folder today. MS. VILLEGAS: Thank you for that, Chair. Mr. Arai, then, I'll ask you another quick question. MR. ARAI: Sure. MS. VILLEGAS: You were talking about the affordable housing components and the pricing and whatnot. So those areI mean, these are multifamily homes; so essentially, town homes that are being proposed to be built. Correct? Page 21 Hawaii County Council-43 July 10,2024 MR. ARAI: Correct. MS. VILLEGAS: So they will be sold at that price point? MR. ARAI: They are compelled to be sold at that price point because that is embodied in the County's affordable housing guidelines as part of Chapter 11, yes. MS. VILLEGAS: But, in prior discussions, it had been stated that they would be rentals. MR. ARAI: Sure. I didn't want to upload a super complex matrix because it's you have the for-sale units, you have the market units, then you have the distribution, the various price points. It would have been a whole spreadsheet. So I just wanted to do a sampling of only the for-sale units because I heard where there was a preference for for-sale in past discussions, so I kind of focused on that. And there's also differentials between two-bedroom and three-bedroom. So it would have been too complex. But I just wanted to give you a sense of some of the potential sales numbers that could be envisioned. MS. VILLEGAS: Yeah, potential that could be. MR. ARAI: Yeah. Sure. MS. VILLEGAS: Yeah, that's not really very comforting, and I have a lot of concerns about that because we've heard "rental"; we've heard "for sale." We've heard all different market values and price points here. I also want to point out in an article written here that, early last year, the housing office in Kona Three signed an affordable housing agreement, making it clear that Kona Three did not intend to develop any affordable housing on the site or anywhere for that matter. Kona Three, the agreement states, proposes to satisfy affordable housing requirements through acquisition of affordable housing credits. Is that true, Mr. Arai? MR. ARAI: Mr. Wheelock testified at your legislative approvals committee MS. VILLEGAS: I'm not asking Mr. Wheelock. I'm asking you. MR. ARAI: No, I know but I'm referencing past testimony that that agreement has been withdrawn and nullified. MS. VILLEGAS: Yeah, because that agreement was related to the Ahe Group. Correct? MR. ARAI: Correct. Page 22 Hawaii County Council-43 July 10,2024 MS. VILLEGAS: Yeah, in which it was prior claimed that the Ahe Group's affordable housing project by Lowe's would fulfill the affordable housing requirements for Kona Three. MR. ARAI: Correct. That agreement was put in place in consultation with the Office of Housing and Community Development. So we complied with Chapter 11 requirements, but subsequently, they still elected to withdraw that agreement. MS. VILLEGAS: But you do know that the Ahe Group and Makani Maiava denies, on the record, ever having entered into that agreement with Kona Three. MR. ARAI: I'm not familiar with that particular detail. All I know is that (inaudible). MS. VILLEGAS: And I would just like to state that, for the record, for my colleagues on the Council, as evidence for what we're being asked to believe are true intentions for providing affordable housing, the record shows that that's not been the case. I also want to just go back to the acquisition of affordable housing credits, the history of this project, some of the developers being involved in the history going all the way back to the gentleman that I think is currently under Federal indictment for affordable housing credit frauds. All this information,public information, very concerning to me. Please go ahead, Mr. Arai, and show me that map there, and my question about it was the large white, green space coming down through the project, what is that? Excuse me, sir? MR. ARAI: Sorry. You're talking about the light green? MS. VILLEGAS: Yeah. MR. ARAI: Yes. You want me to describe it? MS. VILLEGAS: I'm asking what it's meant to reflect. MR. ARAI: It is meant to reflect both a drainageway as well as open space. MS. VILLEGAS: Hmm. Isn't that the flood corridor? MR. ARAI: Portions of it, yes. Yes. Absolutely. MS. VILLEGAS: So it's interesting that in your map, it's shown as a light green. And when I was first getting familiar with this project, that confused me because I didn't understand what it was until later on, seeing the USDA (United States Department of Agriculture) maps that showed it in blue. These are major flood Page 23 Hawaii County Council-43 July 10,2024 corridors. I don't understand how it could be potentially possible to bring a project map like that to people who don't have any understanding of this project, who don't live in this district, who don't know the history of these things and make it light green so it doesn't reflect accurately these major flood corridors. MR. ARAI: I apologize. I'm not aware that there is a standard color associated with floodways. MS. VILLEGAS: Well, I don't know what elementary school you went to, but when ACTING CHR. INABA: Council Member Villegas, if we can MS. VILLEGAS: We drew blue, that was challenging. So I apologize, Mr. Arai. Point of Order: MS. KIERKIEWICZ: Chair, point of order. MS. VILLEGAS: I apologize, Mr. Arai. I know you're hired as a representative (inaudible). ACTING CHR. INABA: Council Member Kierkiewicz, state your point. MS. KIERKIEWICZ: Please treat members of our community with respect. We need to have decorum here in chambers. ACTING CHR. INABA: Thank you, Council Member Kierkiewicz. A reminder for everyone to please engage both with members of the public and members of the Council with respect. Thank you. Council Member Villegas. MS. VILLEGAS: Thank you. My apologies, Mr. Arai. I recognize this is your job. And you've been asked to present information that has been brought together by a number of different people who've been paid in order to present this information to the Council, in order to get a positive recommendation for a ten- year time extension on a 40-year-old project that has gotten negative recommendations from the Leeward Planning Commission, the Cultural Commission, the CDP Action Committeeoh, at which time, Charlie, you're still here. I would just love toI'm not sure how much time I have left, but I know you've been here all day, and I would love for the opportunity to ask you a few questions. That would be wonderful. (Note: At this time, Kona Community Development Plan Action Committee Chair Charles Young came forward to address the members of the Council.) ACTING CHR. INABA: If you could please reintroduce yourself and the capacity you're representing today. Page 24 Hawaii County Council-43 July 10,2024 MR. YOUNG: Aloha mai kakou. My name is Charles Young, and I'm the chair of the Kona CDP Action Committee. ACTING CHR. INABA: Thank you. Council Member Villegas, and your time is just about up, but a couple questions. Go ahead. MS. VILLEGAS: Thanks for driving in today, Charlie, and reading that letter personally. Is it your belief that the viewpoints of the CDP Action Committee accurately reflect the intention of the CDP? MR. YOUNG: Yes. We were very careful in terms of how we couched the letter (see Comm. 896.91) because we recognize what our responsibilities are under the Charter and what our responsibilities are. And it's not surprising we disagree with the Planning Department in regards to its assessment on the project itself. But we are not focusing in so much on the project. Our focus is really on the CDP, on the community development. And it's our opinion, and perhaps we disagree with the Planning Department, that it does not adequately address some of the aspirational goals that are contained within the CDP as well. But I think our letter captures all of that. MS. VILLEGAS: Thank you, Charlie. Just one other question, Chair. Charlie, on a personal level, who you are as a man and your service and your legacy and your understanding and connection to this space, do you believe that granting a ten-year time extension to this project is a wise decision? ACTING CHR. INABA: I'm going to stop us there. He did represent the Community Development Plan Action Committee, but public testimony is closed at this time. I want to make sure we don't blur the lines there. Thank you. And at this time, 12:49 (p.m.), thank you again for your comments. MR. YOUNG: Thank you. Relinquish Chair: At this time, Acting Chair Inaba relinquished the chair to Chair Kimball. CHR. KIMBALL: Thank you, Vice Chair Inaba. If I may quickly ask our Council Services or Clerk to allow for Planning to have share screen capabilities on our Zoom. I'll go to Council Member Evans. MS. EVANS: Thank you. Steve Pause, please. (Note: At this time, Public Works Director Stephen Pause came forward to address the members of the Council.) Page 25 Hawaii County Council-43 July 10,2024 MS. EVANS: The reason I'm asking you to come up is there's three conditions in this ordinance related to water runoff. One has to do with earthwork and grading activity, and the other one is flood control, Chapter 27. And the other one is Public Works is going to be doing a drainage master plan study. What confused me when I was reading it is the map that was provided to us. It shows what I believe is going to be kind of a natural drainage and where they see kind of the flooding going. And when you look at it, there's thisa good part of the flooding there is in what's called "county ditches." So can you tell us a little bit about county ditches? Obviously, they were created because people understood there was a problem. But there looks like there's even more problems when we don't have county ditches. So how do we get everything in county ditches is my question. MR. PAUSE: Good afternoon. Steve Pause MS. EVANS: It's going to take that long? MR. PAUSE: Director of Public Works. So you've brought up a subject that I've been spending some time yesterday and today doing some research, and I found some really old 1976, 1982 memoranda. So those ditches, the TMKs (tax map keys) were created in 1976. They were called "streambeds" and they were accepted for dedication by the County Council. What you'll see on the TMK, those two streambeds, if you will, they don't align with the most recent flood maps prepared by FEMA (Federal Emergency Management Agency) and by the State. So I think what we're looking at are the, uh, the blue areas; they're a hundred- year floodplain. That's what was the most recent mapping, and that's what you'll find on the State GIS (Geographic Information System) for flood mapping. And then you find those two TMKs that don't necessarily align. I cannot explain to you what the thinking was in 1976 when those two parcels were deeded. I found additional correspondence from 1982 from a previous DPW (Department of Public Works) engineer expressing concerns and a desire to reject the deeds associated with those TMKs that were marked out. But to this point, I cannot tell you exactly what the origin was for those two specific parcels. MS. EVANS: So, if we have ditches, not all of it is in county ditches, but the ditches that exist, what is our responsibility in maintaining them? Do we have to go out and weed eat and ? MR. PAUSE: No. We MS. EVANS: What do we do? MR. PAUSE: We don't go on private property to maintain floodplains. Page 26 Hawaii County Council-43 July 10,2024 MS. EVANS: But we own them. So there's got to be some liability there. MR. PAUSE: Well, again, if you look at the alignment of what is mapped as a floodplain and what is mapped on the TMK, they don't align. MS. EVANS: Right. MR. PAUSE: So, to answer your question, to my knowledge at this point in time, DPW has not been maintaining those county they were called "streambeds" at the time that they were dedicated in 1976. MS. EVANS: Right. So I'm just going to have to assume that the builder cannot build in the county ditches. MR. PAUSE: That may not be a question for the Director of Public Works. MS. EVANS: I know. We'll have to get—Corporation Counsel should look at that. Because, it's really interesting, the county ditch thing. When I see that, it's like, whoa, somebody clearly knew there were problems with water runoff. Clearly, they wanted to make sure that was taken care of. Yeah. So thanks for doing your research, but the reality is the County has title to the ditches. MR. PAUSE: According to Real Property Tax, those TMKs belong to the County, the two that you see, yes. Mr. Fuke's confirming that. Oh, I'm MS. EVANS: So that definitely is going to have to be dealt with legally, I would assume. MR. PAUSE: I think, again, if you go back to the original, well, the last ordinance for this, 02-131, which is referenced, there's a number of conditions in that ordinance that Public Works has added to the master plan, the development if you will, and one of the big ones is around drainage. Obviously, subdivision approval, curb, gutter,pavement, dedicable roads, but there's a significant reference in there to developing a master drainage plan. And that would all be incorporated into anything you would do, both with those TMKs that are referred to as streambeds, along with any additional development; the potential to do a CLOMR (Conditional Letter of Map Revision) as well. That would all be incorporated and captured as part of that. MS. EVANS: So the language that's in this new ordinance is the language you prefer? MR. PAUSE: I apologize. I don't have the new ordinance. I have the one from '02. If it's similar, then Page 27 Hawaii County Council-43 July 10,2024 MS. EVANS: I just want everybody to know that, because of the flooding that's going on in Puako in my district, it's close to my heart, that there's a real problem with the flooding that's really harming neighborhoods and people's residences. And I just want to make sure if this moves forward, that we clearly have to protect people that are makai and below this property. MR. PAUSE: Understood. And again, in the absence of comparing, making the time to do that, if the language in the current ordinance is similar to what was in the old ordinance, then that seems to capture at least the requirements that DPW had placed back in 2002. MS. EVANS: Okay, thank you. Thank you. I think I'm done with this line of questioning. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. Do you have the ordinance in front of you, Steve? MR. PAUSE: The current one? MR. KANEALI`I-KLEINFELDER: Draft 2, (Bill) 169. MR. PAUSE: I do now, yes. Thank you. MR. KANEALI`I-KLEINFELDER: That's Draft 2? MR. PAUSE: Yes. MR. KANEALI`I-KLEINFELDER: Try look at Condition J on page No. 8. MR. PAUSE: Okay. MR. KANEALI`I-KLEINFELDER: That's pretty normal wording for these documents. Given what you've just brought up and the map you can see up there on the screen—and you are an engineer, correct? MR. PAUSE: Yes. MR. KANEALI`I-KLEINFELDER: Thank you. What kind of engineer are you? MR. PAUSE: I'm a licensed civil engineer in the State of Hawaii. MR. KANEALI`I-KLEINFELDER: All right. In your general knowledge base, Director, right now we may not see flooding, we may see flooding by the way, Page 28 Hawaii County Council-43 July 10,2024 when you develop a property and you pave it and then you create roofs, water has to go somewhere, right? And then you're going to have a lot of runoff. To me, that's a guarantee from taking away the natural existing infrastructure and ecosystem and replacing it with pavement, roads, rooftops, yards. MR. PAUSE: Correct. When you create impervious area, you will increase the amount of runoff. That's correct. MR. KANEALI`I-KLEINFELDER: Okay. With that said, of course the project will have to, as stated here, submit a drainage master plan, and that all of the water, I'm looking for the wording that was from this document, all of the water, all development-generated runoff, shall be disposed of on-site, shall not be directed towards any adjacent properties. That's fairly normal. I am concerned, looking at that map and understanding that we have actual County property within this project area that deals with waterways, because then that links us. I'm not seeing a segregation of property on the map. Sorry, I'm not seeing a segregation of our County assets within the plans submitted in the PowerPoint today. So how are we going to differentiate between the County waterways, which I believe from what I just heard is actually County-owned parcels in the middle of this project, the water being generated by the project, ensuring that it's disposed of on-site, and then the further mitigating measures, as approved by DPW, to eliminate any downstream impacts? MR. PAUSE: Yes. MR. KANEALI`I-KLEINFELDER: That's a good answer. I mean, seriously, this is being raised by the community as a concern. The map that I'm seeing on the screen, the overlay with what looks like a small natural area down the middle of the proposal, but the overplay and the overlay with County assets, streambeds, and potentially us being responsible for water that's popping up on the other side of the highway. MR. PAUSE: In the big picture—let me just try to break it down. Yes, it's complicated. You have two floodplains. You've got streambeds that the County Council accepted in 1976. You have placement of development. I think I saw an earlier map that maybe showed where the housing units would be and such. At the end of the day, you have water coming onto this property from mauka, and you have water leaving the property from makai. And anything that you do to develop the property has to take into account what's coming on property, what's currently leaving property, and what additional runoff you will generate as part of the development. And, likewise, when you start looking at the floodplains, the streambeds, the natural flow of water, that would all have to be accounted for in I think it was called the comprehensive drainage plan. Page 29 Hawaii County Council-43 July 10,2024 But the wording on Section J here may not be entirely accurate because, in theory, what you're trying to you will generate more runoff. In theory, what you don't want to do is affect the top flow coming off the site. So, if you've got water leaving now at a max rainfall event of 27 cubic feet per second, that's what you want to maintain. You can create more water, but you need to then account for facilities, whether they're drywells, whether they're detention basins, retention basins. You can hold back you want to design to the peak of the amount of water leaving. So whatever's leaving now, you don't want to make it—you don't want more water to leave at that instant. And you do that by designing your master plan, perhaps a CLOMR to adjust the current flood channels. Maybe you'd make better use of the TMKs, the streambeds that the County has. It can be done but it involves engineering and it involves just a comprehensive view of how much water's coming on now, how much is leaving now, and not varying the amount. Because, that's what causes the flooding, is having a whole bunch of water at once go down there. So the design would be, and the drainage plan would incorporate, how to manage the additional volume of water you have and not affect the rate at which it's leaving, if that makes sense. MR. KANEALI`I-KLEINFELDER: That makes total sense. I mean, we have our MR. PAUSE: So this language here doesn't exactly nail it, but, I mean, the intent here is whatever you do to change the water flow generated on the site has to balance out, and you would do a drainage study for that. MR. KANEALI`I-KLEINFELDER: Thank you for that. How are we dealing with the County assets in the middle of this property? I appreciate you found the documents from the '70s and '80s MR. PAUSE: Well, last night, I went to bed and I was sleeping like a baby, not thinking about having any assets in the middle of this property. So, now that I've done a little bit of archeology here, I would answer that question quite frankly, I'm not aware that we're dealing with or doing anything with those County assets presently. MR. KANEALI`I-KLEINFELDER: Okay. To the applicant, how are you proposing to deal with our County assets in the middle of your project? (Note: At this time, Robert Williams of Kona Three, LLC, the applicant, came forward to address the members of the Council.) Page 30 Hawaii County Council-43 July 10,2024 MR. WILLIAMS: Thank you, Councilperson. Yeah, we had an engineer, Ty Detmer, do a study on this. And the history originally, the way it was set up, why there's that piece that goes across the center there, that was going to j oin MR. KANEALI`I-KLEINFELDER: Sorry, could you introduce yourself, for our note keeping. MS. VILLEGAS: State your name for the record. MR. WILLIAMS: Oh, I'm sorry. Robert Williams. MR. KANEALI`I-KLEINFELDER: Thank you. MR. WILLIAMS: Okay. So, originally, there was one drainage lot that was Holualoa Ditch, Holualoa Stream. And on the other side, Horseshoe Bend. Now, part of that was owned by the County; that was channelized. And then after that, if sheet flows, that's where it gets wider. And the idea was to combine those two streams. That's what that narrow area that doesn't show. It's not in blue but it's got a red line. The County owns that. The intention was to take and merge Horseshoe Bend into Holualoa Ditch. Now, when our engineer looked at that, FEMA has changed the queue on Holualoa Ditch. So, because it increased, when he analyzed it, by combining the two streams there, based upon the drainageway with Queen Ka`ahumanu Highway, there's three culverts going on one side and I think two on the other side. And if you combine them, it would overtop the highway, hundred-year storm. So that didn't seem to be a reasonable way to try to resolve that. We had him look at some other ways. One would be to take and do a CLOMR, a Conditional Letter of Map Revision, on the sheet plain area and do a ditch there and just continue to have the water go down and go under the highway as it has, and as it's doing right now. That would be one plan. Another plan would be to take a portion of the water from Horseshoe Bend and run down that ditch. That's not a ditch but it's the land that goes across diagonally right there. MR. KANEALI`I-KLEINFELDER: Is that the gap between the two parcels that I'm looking at right there? MR. WILLIAMS: (Inaudible.) MR. KANEALI`I-KLEINFELDER: Okay. MR. WILLIAMS: So that was where the idea was to create a ditch there and put all the water there. But if it's going to overtop the highway, then that's not going Page 31 Hawaii County Council-43 July 10,2024 to work unless you redo the engineering down there at the highway, which will be quite expensive. So it looked, from our—and we're not finished. We talked to the previous director before about this. MR. KANEALI`I-KLEINFELDER: Which director was that? MR. WILLIAMS: We haven't come to a final conclusion of what is the best way to go. MR. KANEALI`I-KLEINFELDER: Mr. Williams, which director? MR. WILLIAMS: Huh? MR. KANEALI`I-KLEINFELDER: Which director was that? Planning? Department of Public Works? MR. PAUSE: I do have correspondence from October of'22 where the Planning Department solicited comments. So we provided those. Our Engineering— Robin—and then our Traffic—Aaron Takaba provided comments on some of the preliminary stuff. And it actually referenced that site plan that we saw a little bit earlier with the location of the houses. So there was some communication that went on. MR. WILLIAMS: We did talk to Warren Lee about this problem at one time when he was the head engineer. And then after that, when Mayor Kim took over, there was another engineer, I forget his name right now, the new head engineer. He left and went to Arizona. Remember his name, anybody? Anyway, we talked to him about it all. So it's not resolved but there are options, as they say. If you do a Conditional Letter of Map Revision and then engineer, the water could continue down the way it is and go out at the bottom in the same place. That would narrow that stream, this one right. So that would narrow it down if we did that. The other way is to take a portion of the water from Horseshoe Bend and follow along that diagonal and combine it. So those were the two options that we were shown as a way to deal with this. No final decision's been made, and one would have to be worked out with Public Works. MR. KANEALI`I-KLEINFELDER: You're sitting at the same table with him right now. That's why I'm asking. Thank you. MR. WILLIAMS: Okay. I just wanted to give you the histories of MR. KANEALI`I-KLEINFELDER: Thank you. MR. PAUSE: The gentleman that went to Arizona was Frank DeMarco. Page 32 Hawaii County Council-43 July 10,2024 MR. KANEALI`I-KLEINFELDER: Okay. He said the director, so is it Planning Director or Public Works Director? MR. PAUSE: No, he—after Warren Lee, he was the Public Works Director. MR. KANEALI`I-KLEINFELDER: Okay. In 2022? MR. PAUSE: No. That would have been 2019. MR. KANEALI`I-KLEINFELDER: Okay. So, with what we just heard, Mr. Pause, I'm looking at you because ultimately your department is going to deal with whatever happens on the back end of this. And right now, you've discovered some documents that kind of put us in an interesting spot. And I think that needs a little bit of research from your department as far as how we're going to deal with our assets being in the middle of a project, and the water that may or may not be our issue from there on. Chair, I yield. CHR. KIMBALL: Thank you. I believe, if I recall correctly, you have not had a chance to speak. MR. INABA: I did speak once. CHR. KIMBALL: Oh, okay. Well, I'll recognize Vice Chair or, I'm sorry, Council Member Evans and then come back to you, Vice Chair. MS. EVANS: Staying on the same subject, is this waterway seasonal? Is it just when it rains hard? Or does water continue to flow in this blue area? Is that like a you could say there's always water in it? You think it's seasonal? So it won't rise to the level of the Corps of Engineers, because you do know anything that's—sometimes, it can rise to the Corps of Engineers. If you plan on going in and touching waterways, they have control. MR. ARAI: It is a FEMA—sorry. MS. EVANS: Go ahead. MR. ARAI: Daryn Arai. It is a FEMA map floodway, which means Army Corps of Engineers is involved. It also means that the FEMA requirements for floodways are managed through the County Department of Public Works. And, Mr. Pause, body check me if need to. But, anyway, if I could back up just a little bit. The disposition of the County, at least portions of the County lands that bisects this property, is actually going to be part of the drainage system that affects the rest of the property because, don't forget, the plan is to extend Kekuanao`a Street and Leilani Streets. And those streets are going to extend over portions of the drainageways. And that is why the environmental assessment was Page 33 Hawaii County Council-43 July 10,2024 triggered, is because they understood that the roadway systems crossing the drainageway, we require drainage systems to be placed into County-owned land. So that was one of the triggers. So, again, you can't separate it out because there are facilities that will require a complete assessment and design to ensure that the project will comply with both FEMA and County floodway requirements, drainage requirements I should say. MS. EVANS: Oh, you brought up what my next question was going to be, how this is going to link to talking to the Department of Transportation and their culverts. I would think they'd want to also know what you're doing because can the culverts take what you're doing? They're going to want to, like, I would assume, they want to make sure that whatever you're doing above isn't affecting them. And the other thing is if you're going to do any horizontal roads versus perpendicular, I don't know if you're going to need bridges or causeways. I mean, I don't know what you're going to do, but it just sounds like you have some major road—I've just got to ask. I have to ask the Director. It seems to me more than just dealing with the water. This is really going to challenge whatever the road design and specifications are. And that comes through you, right? MR. PAUSE: Yes. And, again, I stated earlier we provided those comments that any of the design of the road is subject to approval: curb, gutter, sidewalk, shoulder, all of that, culverts. It's all subject to approval by Public Works. MS. EVANS: And our State Department of Transportation because the State highway. MR. PAUSE: Yes. I'll say yes but if we stay true to not changing the peak flows coming off the property, thenI mean, obviously, you'll calculate and make sure that the existing culverts are sufficient. And I would imagine if you don't need to do any work in and around their culverts, then there won't necessarily be any requirements from DOT (Department of Transportation). MS. EVANS: Okay, thank you. Thank you, Chair. CHR. KIMBALL: Thank you, Council Member Evans. Vice Chair Inaba. MR. INABA: As you folks all know, I did work a lot with the applicant, specifically around the affordable housing component and trying to iron that out, and the conditions that were put into the bill. I feel like we're kind of just dancing around here, and people are not really just saying what they need to say on this project. We know different boards and commissions have given their position regarding this specific parcel, not necessarily the project itself. I'll just say I don't think, at this point, the time extension is maybe the best route for this parcel. It might have been all right 40 years ago. There's been a lot of filling in around the area. Page 34 Hawaii County Council-43 July 10,2024 And I think there was some mention earlier that things need to be massaged out. I think things need to be massaged out, though, ahead of passage of bills that become ordinances. Things shouldn't be massaged out afterwards. And I think there's maybe a lack of trust from community that things do get ironed out and community voice will continue to be heard after the passage of an ordinance like this. If this was a hundred percent workforce housing, you're still left with the dilemma that the Cultural Resource Commission and the Kona CDP made their statements, especially from the Cultural Resource Commission. Because, in my opinion, cultural resources and culture doesn't discriminate against what type of project it's—what the parcel is and what's there. So, for me, the more I've heard thisI worked closely with all of you, Mr. Arai, Mr. Wheelock, Mr. Williams. And as we are where we are right now, I just find it hard to be able to support it because I can't find that thing that makes it okay. And I don't know what that thing would be, especially in light of, again, what the Cultural Resource Commission said. Because, we look to the Cultural Resource Commission, as a County, for their opinion as it relates to cultural resources. We hardly hear from them. We have cultural experts on both sides here advocating for and against the presence of resources there. But I do know folks on the Cultural Resource Commission, and I think we do need to give a lot of voice to that commission. We task them with that kuleana. And when they speak up specific to a parcel, I think there's a level of respect and, yeah, we need to honor what they bring forward. So I just want to put that out there now. I don't know what can change my mind, because like I said, cultural resources, they don't discriminate against the project. And I'll use one example before I finish up and that's recently there was a canoe race in Kailua Bay where coral was damaged and the folks—Hawaiians, locals—were upset that the race was called off by the State due to the coral being damaged. But the same thing: The coral doesn't discriminate. If it was a cruise ship or if it was Hawaiian paddlers who did it, it's still wrong. And I don't think—I think we just need to kind of have that mindset present as we have our deliberations. So thank you. Chair, I yield. CHR. KIMBALL: Thank you, Vice Chair Inaba. Anyone else? Council Member Kagiwada, have you had a chance to—go ahead. MS. KAGIWADA: Thank you. Okay. Just following up on that point because I was—when I read the report or recommendation from the Cultural Resource Commission, I'm still a little confused of why they said, No. 1, if feasible keep it open. And, No. 2, if not feasible, and then they gave a whole bunch. Is that I don't know if that's usual for, and I don't know who to direct this to, if that's usual for the cultural commission to do something like that. I guess I just don't Page 35 Hawaii County Council-43 July 10,2024 quite understand why they had the (No.) 1 and(No.) 2. If they really felt(No.) 1 was the thing, don't do it, why did they use the word "feasible," and why did they have No. 2? Does somebody have an answer for that? I can MR. ARAI: I can try my best, right. MS. KAGIWADA: You can start, yeah. MR. ARAI: And I do respect the work of the Cultural Resource Commission. I was affiliated with them in my time with the County. And so I totally respect what they do. It was a bifurcated motion because, in all of the discussions leading up to the decision, and there were multiple meetings, the commission through deliberations on how to craft a condition was more focused on having changes seen to the design of the project. It was never a preservationist stance. It was more like "Okay, I think you need to make this better," and that's kind of reflected in the second part of the motion. But at the last meeting, before an actual motion was made, that's when Mr. Tom 'Whaku" Stone came to testify. And his testimony shifted the whole dynamics of the Cultural Resource Commission at that point, and that is why, after much deliberation, I think they decided what was best was to create a bifurcated motion where they said the preference is for preservation, but if it's not feasible, which it is not because the applicant is a not a willing seller of the land to PONC (Public Access, Open Space, and Natural Resources Preservation Commission), then they have this option, which is to talk to the community, consider greater open space opportunities, and then incorporate it within your design. And my recollection, and this is when Mr. Stone spoke at the Cultural Resource Commission meeting, a specific question was asked of him, if projects like this can move forward with sensitivity toward some of the cultural concerns and historical concerns, and he said, yes, it happens all the time. So even he recognized that. But he also made his position clear that he felt that there should be no further development in the area. MS. KAGIWADA: Okay. I guess I'd like to ask Corporation Counsel maybe. I don't know if you can weigh in on this or if it's Planning, I'm not sure, but somebody to give me maybe the County's viewpoint on is this a normal thing for the Cultural Resource Commission to give an answer like this, and how to read it. Because, especially the wordI know that you have a certain interpretation of what the word"feasible" means. But if there's any history or any other times this has been used, I think it would be really important for us to understand what. Because, a lot of the discussion is based on the fact that people are saying that the Cultural Resource Commission gave a negative recommendation. I really want to understand that. Oh, it looks like we have Planning on. Great. Thanks for being here. Page 36 Hawaii County Council-43 July 10,2024 (Note: At this time, Planning Program Manager Maija Jackson came forward to address the members of the Council.) MS. JACKSON: This is Maija Jackson from the Planning Department. It's not common for the Cultural Resources Commission to review and comment on specific projects. This is one of the few that they have commented on because this project was referred to them by the Leeward Planning Commission. So I can't say for certain what was meant by their memo, and I can't really speak on their behalf. MS. KAGIWADA: Okay. This is maybe a question to Corporation Counsel. Does the cultural commission have a Corporation Counsel person there as part of the regular and—so could you maybe answer, from Corporation Counsel's standpoint, what, if anything, you can tell us about what this bifurcated or two- part recommendation that came from the Cultural Resources Commission means, and especially the first one where it talks about if the project is not, or if keeping it as open space is not feasible, what that might mean because I'm not sure how to read that. (Note: At this time, Assistant Corporation Counsel J Yoshimoto came forward to address the members of the Council.) MR. YOSHIMOTO: Good afternoon, Council Members. J Yoshimoto, Assistant Corporation Counsel. First question, yes, there's a deputy assigned to the Cultural Resources Commission; two, I don't have personal knowledge as to what they did or the context. We can definitely research it and answer your questions. MS. KAGIWADA: Okay. That would be really important I think, for me any way, to understand what they meant by "not feasible." They had two; the first one was keep it open space unless not feasible. And then the second was if you do develop it,please do all these things. MR. YOSHIMOTO: Gotcha. Okay. MS. KAGIWADA: And so trying to understand what they meant by that. Okay. Thank you so much. I appreciate that. Is it okay if I ask our Housing Administrator to come up on some housing-related ? CHR. KIMBALL: Yes. You still have the floor. MS. KAGIWADA: Okay. Administrator Kunz, can you join us? I have a few housing-related questions. (Note: At this time, Housing Administrator Susan Kunz came forward to address the members of the Council.) Page 37 Hawaii County Council-43 July 10,2024 MS. KAGIWADA: Thank you. Several of the testifiers mentioned that they thought that we don't need housing in Kona; we need it in other places. Or they try to say that we already have housing in the pipeline, so this wasn't necessary. So I'd just love to get a little more information from you as far as what we know is needed in the area, what is in the pipeline, and what the need is, yeah. MS. KUNZ: Susan Kunz, Housing Administrator. So, as far as the need for housing, and I would take the statistics straight out of the Hawaii Housing Planning Study. You've heard us talk about 10,000 units is the need for Hawaii Island between the years of 2020 to 2025. MS. KAGIWADA: I'm sorry. Excuse me. Just how many are needed in the Kona area. Do we know that? MS. KUNZ: Oh, in the Kona area. The study doesn't break it out by district on the island. So just let me tell you what I know is in the pipeline. And so there's 8,100 units in the pipeline. About 50 percent of those units are in West Hawaii. Most of them do not have water credits available to produce any housing. These are all affordable. And,just really quickly, let me reflect back to the Hawaii Planning study. Of the total 10,000 units that's needed on the island, there is a need for the 10,000 units represent a need for affordable housing. The almost-3,000 units that's reflected in the remaining portion are for market units. So the study does show that there is a need for market units above 140 percent AMI(Area Median Income), and there is a need for about 2,000 units for single-family and about 500 for rental units. I hope that helps. MS. KAGIWADA: Okay. So, based on that, I'm just trying to understand, do you feel like this 450 units in Kona is still fulfilling a need? MS. KUNZ: Yes, absolutely. MS. KAGIWADA: Okay. And then just one last thing. The ones that are already like that were mentioned that are already kind of in the pipeline for very close to the area, is there any difference between those ones and these ones? MS. KUNZ: The housing units in the pipeline that are producing or close to producing, those units are all for 60 percent and below AMI. So, much-needed housing because there's also a need for that lower AMI. But we hear so often in the community that a lot of the folks who are working in West Hawaii can't qualify for those 60 percent AMI units. So there is definitely a need for that workforce or that higher-end housing. MS. KAGIWADA: All right. Thank you, Housing Administrator. A couple more comments I just want to provide on this issue, because this has been Page 38 Hawaii County Council-43 July 10,2024 bothering me and weighing on me around the housing units and what is needed. One of the testifiers talked about equity over privilege, and I agree. I feel like it's really interesting, to me, to see who's opposing this project, as far as testifying, and who's supporting it. I think, as mentioned before, we have lineal descendants, kanaka maoli, kama`aina on both sides. But as far as the equity over privilege, Iif I may, Chair? I feel like there's a bit of a"haves" and "have not." The "haves" are the people who already have their homes in this area. They own these homes; they're worth over a million dollars. They're concerned about the traffic being 15 minutes for a four-mile drive. Many of them could come and testify over the several committee hearings that we had. And the people who are not here are the people who live on the east side who have jobs in Kona and have to drive three to four hours every single day to get back and forth, or as we heard earlier, sleep in their cars. So this has been a real hard one for me because I am concerned about the floodplain and can that be worked out. I am concerned about some of these other issues and, like I brought up before, the cultural commission's concerns. But we also had some people who do represent—those workers testified today thousands of workers who can't afford to be in this neighborhood in Kona at all. And I understand, some of my colleagues, they have their constituents to represent, but I have my constituents to represent too. And mine are the ones that are driving that every day. So I haveI need to think about this more. I think we have a lot of things to still be answered. I realize some people are tired of debating this and maybe just want to vote, but I think it's really important that we have all the information before we make the decision. So I yield for now. CHR. KIMBALL: Thank you, Council Member Kagiwada. At this time, we're going to need to take a brief recess to address some technical difficulties; I apologize. But we're going to reconvene at 1:45 (p.m.). So we're in recess. Thank you. Recess: At 1:33 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 1:48 p.m. CHR. KIMBALL: First, checking in over in Kona. Council Member Lee Loy, anything to contribute at this time? MS. LEE LOY: I did have a question for Housing Administrator Kunz if she was still around. Page 39 Hawaii County Council-43 July 10,2024 CHR. KIMBALL: Yes. Administrator Kunz is still available. Administrator, if you can come and join us, please. MS. LEE LOY: You guys caught me eating a snack. Hang on one second. CHR. KIMBALL: No worries. I'm eating a snack too. MS. LEE LOY: And maybe this might be for both Housing Administrator Kunz and maybe a representative from the applicant, and it really is around the affordable contributions. CHR. KIMBALL: Go ahead and—Council Member Lee Loy, could you please repeat the statement? MS. LEE LOY: Great. Thank you. Housing Administrator, there's been some information that was shared about affordables. I grew up at a time where we actually had affordables at Mauna Kea Beach, if you can imagine that. And after a time period, those units were sold off. So we no longer have affordables at Mauna Kea Beach. But I also recognize that a lot has changed since that time. And so there seems to be information that's shared that these units kind of run the clock and then are no longer affordable. What safeguards are in place, or maybe not in place, to ensure that some of these housing stocks, specifically affordable housing, for the gap group, which is our teachers, our firefighters, our nurses, our police officers, stays in that gap group in this project? MS. KUNZ: Thank you. Susan Kunz, Housing Administrator. So what I'm understanding you to ask is, is there a required affordability period for the affordable units that the developer is required to build? The answer is yes. So, in Chapter 11, for any single-family units, the affordability period is 20 years, and for rentals it's 10. I would also mention that if the developer is seeking any kind of financing subsidy for the project, like, say, a LIHTC (Low Income Housing Tax Credit) or something like that, I believe LIHTC is 30 years. I believe it's 30. So those things will also come into play if they are seeking funding, and normally, the stricter of all will prevail. MS. LEE LOY: Thank you, Housing Administrator. And is that worked out with the affordable housing agreement or memorandum that's executed between the Office of Housing and the property owner? Or how does—what's the mechanics of that policy to ensure that these gap houses stay in the gap group? MS. KUNZ: So it will be reflected in the affordable housing agreement that will get amended should this project move forward. Page 40 Hawaii County Council-43 July 10,2024 MS. LEE LOY: Just from a process perspective, does the Council oris that— where hatwhere is it done? I think there is some definite interest to keep affordables affordable in perpetuity. Is that done between the applicant and the housing agency? Is there like a public space or template language that we could look at or include to kind of have those safeguards in place? MS. KUNZ: So the only tool that the Office of Housing has to manage this would be through Chapter 11. So we could look at that kind of language. But I'll tell you what I've seen, especially with the nonprofit developers. I've had this happen during the period that I've been in this position, and nonprofits who have affordability periods have opted to continue providing their projects in affordable beyond the required period. And that's with nonprofits I've seen that happen. MS. LEE LOY: Great. And maybe this is something we can take up because I just don't see it as very germane to this application. But is that incentive within the affordable rental real property tax, which is why they continue? Any insight as to why they continue to keep it in that affordable range? MS. KUNZ: Why the nonprofits continue? MS. LEE LOY: Yes. MS. KUNZ: I think it's because it's in their mission. Yeah. MS. LEE LOY: Got it. Okay, thanks, Director. MS. KUNZ: Okay. CHR. KIMBALL: Thanks, Council Member Lee Loy. MS. LEE LOY: Thank you. I yield. CHR. KIMBALL: All right. Coming back here, Council Member Villegas, you were next. MS. VILLEGAS: Yes. Pursuant to the rules associated with our County Council and HRS (Hawai`i Revised Statutes) 92-5(a)(4), I'd like to call for an Executive Session. Motion to Enter Ms. Villegas moved to enter into Executive Session in into Executive order to hold attorney-client privilege discussion regarding Session: Bill 169, Draft 2, as authorized by Section 92-5(a)(4) of the Hawaii Revised Statutes. Seconded by Ms. Galimba. CHR. KIMBALL: All of those in favor? Page 41 Hawaii County Council-43 July 10,2024 MS. KAGIWADA: Is there discussion? CHR. KIMBALL: There is discussion on a motion for Executive Session, correct? Yes. MR. ARACELEY: Debatable. MS. KAGIWADA: (Inaudible.) CHR. KIMBALL: If I understand your question, you would like to have the maker of the motion briefly state—and you'll have to do so delicately because obviously there's a matter that is pertinent to our liabilities as Council Members. So go ahead, Council Member Villegas, as best you can. MS. VILLEGAS: Dancing on razors. This job isn't hard enough. Information has been brought to my attention that calls into question the potential need for a Council Member to recuse themselves on this issue. Was that delicate enough? CHR. KIMBALL: I think that's appropriate. MS. VILLEGAS: Okay. CHR. KIMBALL: Any further discussion on the motion to enter into Executive Session? Seeing none, all those in favor please say "aye." Vote on Motion to The motion to enter into Executive Session was carried by Enter into the following voice vote: Executive Session: (Approved) Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball–9. Noes: None. Absent: None. Excused: None. Recess: At 1:56 p.m., the Chair called for a recess in order to clear the room. Reconvene: The meeting reconvened at 2:31 p.m. CHR. KIMBALL: Aloha, folks. We are now out of Executive Session. Can I ask one of my colleagues, perhaps Vice Chair Inaba, can you please summarize our Executive Session? MR. INABA: Sure. In Executive Session, there was discussion regarding a potential conflict of interest with one of the Council Members and whether or not Page 42 Hawaii County Council-43 July 10,2024 he or she needed to recuse themselves from discussion and the vote. And the body decided that it would be up to the Council Member and that the Board of Ethics would take it up past that if there was still a belief that it needed to be addressed. Thank you. CHR. KIMBALL: Thank you. Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. Pursuant to our rules, disclosures of interest, it's been brought to my attention that some personal digging has been done. I'd like to disclose that my husband and I, Ian, purchased a property out in Kea`au. We went through a realtor. Apparently, the developer of that particular subdivision is one of the applicants. In addition to that particular property in Kea`au, there was a second property that my mom and daughter purchased in Waiakea Fairways, again through a realtor that again the applicant was the developer. I'd like to state, for the record, that there's been a lot of conjecture as if these properties was done so in some alleged quid pro quo. We paid. We work hard. My daughter works hard. These properties of a personal interest, I disclosed them over time through our financial disclosure process through the County Clerk's office in December and again at the end of June. I'm asking the body to make a decision on whether or not our personal properties purchased is a conflict, and if any conflict exists. Thank you, Chair, I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. I'm going to go ahead and suggest that you restate your request. I'm not sure that it's appropriate for us to decide on that, yeah. In fact, I'm getting a headshake from Corporation Counsel. What I'm going to suggest is we proceed with our deliberations today, and as we there are other mechanisms. This body is not the adjudicating body for these types of decision-making. So, moving forward, we are going to return to deliberations on the matter at hand. Thank you, Council Member Lee Loy, for your comment. Vice Chair Inaba, the floor is yours. MR. INABA: I see there is an amendment for the bill; wondering if we're going to take that up or not today. I believe it came in from Council Member Kagiwada's office. So I just want to see if we're going to proceed with that so we can move this along. Thank you. CHR. KIMBALL: Yes, thank you, Vice Chair Inaba. I believe that is the intention of the maker of the amendment, but Council Member Evans has the floor first. Page 43 Hawaii County Council-43 July 10,2024 MS. EVANS: Sorry, this is for continuing one more question for the affordable housing agreement with housing. Director Kunz? So, when you did the affordable housing agreement, you were following Chapter 11 but you were also following the LUC (Land Use Commission) order from 1984? MS. KUNZ: This is Susan Kunz, Housing Administrator. The current housing agreement that was executed in 2021 does reflect the LUC 10 percent. We're very clear that if this ordinance moves forward, it will trigger Chapter 11 and it will then require us to update the housing agreement to reflect the 20 percent. MS. EVANS: The statement that's in the amendment said they'll comply with requirements of Chapter 11. I'd really like to alleviate the concern and get the 20 percent in there, but having said that, that would be nice to see that. But my bigger question is the LUC order because what's my experience is the LUC has actually pulled they've actually pulled these developments if in fact they haven't built and they haven't done any action. Since there has been no action since 1984, how can that LUC order still stand? Because, I thought they had changed their whole rules and now—so I just need to make sure, legally, they've been grandfathered. Because, I know Bridge Aina Le`a, they pulled their LUC, given that they hadn't completed their building requirements in a certain time frame. And I was told that they were that was becoming the new norm, that if you don't build it, you can't keep it. Corporation Counsel, have you had any legal opinion on that, that this LUC order stands? Point of Information: MR. INABA: Point of information, Chair. CHR. KIMBALL: Yes, go ahead. MR. INABA: Administrator Kunz, I just wanted to confirm before we drift away from it. She said the current affordable housing agreement, and my understanding was all previous agreements were null and void. So I want to just clarify, do we have a current affordable housing agreement? MS. KUNZ: Yes. CHR. KIMBALL: Okay. Let's keep things in order here. Let's have a response from Corporation Counsel to Council Member Evans' question, and then we'll come back to you, Vice Chair Inaba, for clarification around that. (Note: At this time, Deputy Corporation Counsel Sylvia Wan came forward to address the members of the Council.) Page 44 Hawaii County Council-43 July 10,2024 MS. WAN: Deputy Corporation Counsel Sylvia Wan, in representation of the Office of Housing and Community Development. I'm going to restate the question, and please let me know if I've got the question wrong. So my understanding of the question is whether or not the current LUC order is the one from 1983, as mentioned in the bill. MS. EVANS: Correct. MS. WAN: At this point in time, that is still the current order. That still holds and that is still the requirement for these parcels. MS. EVANS: So the LUC, I thought they had a they came to a MS. WAN: They may be working towards that in some other instances, but for this particular project at this particular time, that order is still the order. MS. EVANS: Wow. They're definitely pulling orders from people for anything longer than "x" amount of years. So the affordable housing agreement, with or without the LUC order, could say we want 20 percent. MS. WAN: So, if this bill passes, it will trigger Chapter 11. Chapter 11 as it presently stands requires 20 percent. I can't talk about Chapter 11 in the future because we're not in the future. If Chapter 11 requires more in the future, they will have to do more. However,presently, Chapter 11 says 20 percent. So that's what they would be required to do, is what is required under Chapter 11 at the time they are starting to develop, actually starting to construct. MS. EVANS: Right. I would just if we proceed with this, I'd like to amend it to just say they're going to put in 20 percent. But, anyway, that's me. Okay, that was my question on affordable. Thank you. MS. WAN: Sure. CHR. KIMBALL: Thank you, Council Member Evans. Now, Vice Chair Inaba. MR. INABA: Thank you. Just wanting to restate the question. It was stated that there is a current affordable housing agreement, but I think it's been thrown around at times that there is none and all previous agreements had been nulled. But wanting to understand where we are with that. Is there an affordable housing agreement that is currently standing between the County and the developer? MS. KUNZ: Yes, there is. Susan Kunz, Housing Administrator. Yes, there is. MR. INABA: And what does that say regarding excess credits and how the developers meet their affordable housing requirement? Page 45 Hawaii County Council-43 July 10,2024 MS. KUNZ: If we're going to dig in that deep, I would like to ask Sylvia to pull up the document because I don't have all the details of that. I do know that it reflects a 10 percent, which was meant to align with the decision and order from the LUC. I think she's trying to pull up the document right now. MR. INABA: And if you can just remind us when this was signed. MS. WAN: Deputy Corporation Counsel Sylvia Wan. To address your question, I do want to address a little bit of your previous question as well, as to whether it's null and void. Although it is technically still an active agreement, this agreement, as soon or at any point if this particular body decides to go forward with this particular bill, it will void this agreement. Because, this particular agreement will no longer meet the requirements of these particular parcels. So, at the point in time when this was entered into, I'm scrolling down to the execution dates, in January of 2022, this particular agreement was to reflect how they wanted to meet their affordable housing requirements under the Land Use Commission, not Chapter 11. And in this particular agreement, they were proposing to buy credits to meet their Land Use Commission condition. They understood that they would have to get authorization from the Land Use Commission in order to accept that mode of meeting that requirement. So, even though the agreement was put into place, there was still things that the applicant would have to have done in order for us to actually move forward with that agreement. So at this point in time, this agreement is at a standstill and is moot. And our understanding is that, at this point in time, the applicant has decided they no longer want to meet their affordable housing requirement in this way. So, until we get a new agreement, this is the official agreement that's still in place. But as far as legal applicability or movement, we're in purgatory. Nothing's happening. MR. INABA: I don't want to go down this rabbit hole, but why did we sign an affordable housing agreement that was not in compliance with the State Land Use order? I'm not sure who signed it, but why does the County have an agreement that isn't in line with the State Land Use order and allowing them to meet their affordable housing requirement off-site? MS. WAN: So the method in which they chose to meet their affordable housing requirement is in line with Chapter 11. The ordinance that governs the Office of Housing and Community Development is Chapter 11. They decided to select that option with the knowledge that they would have to get assent from the Land Use Commission for that option. MR. INABA: Is that sound practice? I'm just wondering, legally, that we as a County would create and go into an agreement with another organization, knowing that the State Land Use Commission has made a decision and has put out Page 46 Hawaii County Council-43 July 10,2024 an order as to how someone is supposed to meet something, and then we're essentially pre-granting authorization to meet it a different way if they go back to the State Land Use Commission. MS. WAN: I understand that you're asking me for an opinion related to parties that I was not I did not provide legal advice as to this particular document. I'm just letting you know what is the legal effect of this document at this point in time. MR. INABA: Okay. And I'm wondering, then, so if we're saying it's null well, if it's the standing agreement, if you will, then what can we do right now to truly null this agreement? Because, I think it's not in the County's best interest to have a standing agreement that doesn't make sense, and we know it doesn't align with the State Land Use Commission order. MS. WAN: They would have to select a different option, and then we can amend the agreement to reflect that option. However, if they do not get the extension that they're requesting for, there will be no other option, and this will just expire because it will expire. Does that make sense? MR. INABA: Yeah, I'm going to ask Assistant Corporation Counsel Yoshimoto regarding, and it's not specific to the requirements, but just in terms of agreements overall, regardless of what's happening here with Bill 121. We know that an agreement that is currently in play that we put in play that wasn't in line with an order is still standing. Is it in the County's best interest to get out of that agreement or to have both parties get out of this agreement? Because, it doesn't make sense to me at this point. And that can just be a general question as to procedure for the County. MR. YOSHIMOTO: J Yoshimoto, Assistant Corporation Counsel. I'm not familiar with the details. Again, I apologize. But as a general practice, yes, we would need to make sure that agreements are consistent with each other. So efforts would be needed to make sure that if they're amended, to make sure that everything lines up. MR. INABA: Okay. Sol guess I would just put it out to the Office of Corporation Counsel and Office of Housing and Community Development, if we know that this agreement is kind of in a gray area and we need to—it doesn't matter what's going on with 121. We know there's a problem with what it is right now. Sorry, 169. Third day here. Mixing up bills. I think we really should be revisiting that agreement just to keep the County in a good position, and to make sure we're really clear: If there's no agreement, there's no agreement; and if something passes and a new agreement is formed, it's a new agreement. But let's not blur the lines here. Because, that's the first I'm realizing that we're having this gray area. I thought we were done; all the other previous agreements were pau. So I'll yield at this time. Thank you, Chair. Page 47 Hawaii County Council-43 July 10,2024 CHR. KIMBALL: Thank you, Vice Chair Inaba. Wanting to appreciate everybody's time, so let's keep this topic moving. Council Member Evans, recognizing you and then Council Member. MS. EVANS: Yeah, I have my last question. We had this discussion about tolling. So we're looking at giving them a ten-year extension, and yet, some of the things we're talking about, especially FEMA and the floodplain and working through anything that you might come up with, have to get agreements. If you get stuck in an agency and you get—let's say six out of ten agencies, you get your agreement; you have four that are still pending. You're coming up on that ten- year mark. What does that really mean? Because, we had this discussion about tolling yesterday about if something gets stuck, does that count for your—will that go for ten years? Or if you get stuck, do you get an additional six months or whatever because it's stuck with some agency? I'm assuming that if we go ahead with this, all bets are off. You roll the dice. If you don't get it in ten years, even if it's only one or two agreements, you're done. You don't have a project. What is your understanding? MR. ARAI: Daryn Arai on behalf of the applicant. In my eyes, the ten years is firm, and which is why I explained earlier, when the applicant made a commitment to see this project through, that is why they asked for a ten-year rather than asking for twenty- or thirty-year time frames to complete the project. It was a commitment to get it done as quickly as possible. Now, as far as tolling, I'm not familiar with I'm familiar with the concept but not necessarily the requirements. Normally, when someone tolls something, it's usually through an act of God, like force majeure,right. And those are instances where you can consider tolling. But delays in getting the proper approvals and permit is not an act of God; it's an act of government. So I don't know if you can put the two together. So I honestly think, as we stand right now, the applicant is committed to get everything in place by ten years. And if they can't do it, then we'll be back in front of this body again, once again. MS. EVANS: Okay, thank you. MR. ARAI: You're welcome. MS. EVANS: I yield. CHR. KIMBALL: Thank you, Council Member Kagiwada. Motion to Amend: Ms. Kagiwada moved to amend Bill 169, Draft 2,with the contents of Comm. 896.96. Seconded by Ms. Kierkiewicz. CHR. KIMBALL: Council Member Kagiwada, on the amendment. Page 48 Hawaii County Council-43 July 10,2024 MS. KAGIWADA: Thank you so much. On the amendment, this was one of those things that was just really bothering me after the last meeting, was this discussion that potentially these units, these homes, could be turned into time- shares for vacation rentals. And so it just that's something I just really couldn't stomach if this goes forward. So I wanted to introduce this amendment, and the applicant has agreed that they will, let's see, how is it worded, "shall record a Declaration that institutes a covenant, condition, and restriction upon the subject property that prohibits any dwelling unit within the project site to be used as a time-share, short-term vacation rental, or other form of short-term transient accommodation." So, yeah, that's the amendment and I hope you can support it. Whether you end up voting for the extension or not, I think this is a good amendment. Thanks. CHR. KIMBALL: Thank you, Council Member Kagiwada. Vice Chair Inaba. MR. INABA: Thank you. Just wanting to check. I'm in support of the intention here. There's an extra"a" in this amendment. MS. KAGIWADA: Sorry. There was a new version, yes. There was a typo in there, but there should be a new one. It still has the "a"but it took off the two "ss." Oh, 896.96. MR. INABA: Okay,perfect. Thank you. I was looking at the wrong one. MS. KAGIWADA: Sorry. Yeah, there was a typo, sorry. MR. INABA: In support of the amendment. CHR. KIMBALL: Thank you. I caught it before you. All right, Council Member Villegas then Council Member Kaneali`i-Kleinfelder. MS. VILLEGAS: Thank you, Council Member Kagiwada, for bringing this forward. I share those concerns and appreciate your bringing forth this amendment. In general, in complete support of it; however, I have a number of amendments that are currently being processed, that some of the terminology is even a little more specific and I think would cover our concerns more effectively. So my one ask, and I understand if the Council wants to pass or not pass this amendment today, but I am working on amendments that, based on the time frame of all this and the work that's gone in in the last few weeks to cover all the issues, that's just my one request for consideration. CHR. KIMBALL: Thank you, Council Member Villegas. Council Member Kaneali`i-Kleinfelder, on the amendment. Page 49 Hawaii County Council-43 July 10,2024 MR. KANEALI`I-KLEINFELDER: I support the amendment. It falls in line with what I've heard from the applicant. I think it was in your PowerPoint today. But it also protects the community against more vacation rentals, which is what we're not looking to do here, and that I appreciate. Thank you. CHR. KIMBALL: Thank you. Any further discussion on the amendment? MS. LEE LOY: Yes, Chair. CHR. KIMBALL: Yes, go ahead, Council Member Lee Loy. MS. LEE LOY: Thank you. Yes, in support. For the nuances of it as it relates to transient accommodation rentals, absolutely, but I think this amendment actually goes a lot further when we talk about protecting the nuances of community. When we have transient vacation rentals in properties, there's constantly people coming and going. But this amendment actually really keeps the continuity of ownership and community together. So I really do applaud Ms. Kagiwada for advancing this, and I am in support. Thank you, Chair, I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Back to Council Member Kaneali`i-Kleinfelder, on the amendment. MR. KANEALI`I-KLEINFELDER: Thank you. Planning Department or Corporation Counsel. All right. Hi, Maija. MS. JACKSON: Hello. MR. KANEALI`I-KLEINFELDER: My question for you is the last sentence: "This Declaration shall be recorded with the State Bureau of Conveyances prior to the issuance of Final Plan Approval for any dwelling unit(s)to be constructed on the subject property." I want to ensure that that language means that if they are resold or sold again and again, that this is running with each individual unit on or within the project for the life of those units. MS. JACKSON: Yeah, so once it's recorded on the initial deed, the title companies typically pick that up whenever the property is resold, and it's included in any subsequent deed. MR. KANEALI`I-KLEINFELDER: Okay, so that's a yes. Thank you. MS. JACKSON: Yes. MR. KANEALI`I-KLEINFELDER: Thank you very much, Ms. Jackson. MS. JACKSON: You're welcome. Page 50 Hawaii County Council-43 July 10,2024 CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Thank you, Council Member Kagiwada, for bringing this amendment forward. I will be supporting it today. It definitely addresses a concern that was raised over and over by members of our community, even members of this body. And I appreciate you working in partnership with the applicant on this. I know that this was something that you wanted to make sure was codified. It certainly was your intention, but I think having it as part of conditions of approval just gives everybody a bit more piece of mind. I'm also happy to entertain anything else that you put forward in the future, Council Member Villegas, to strengthen this language. But I'll be supporting this today. Thank you. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else on the amendment? Seeing none, all those in favor please say "aye." Vote on Motion to The motion to amend Bill 169, Draft 2, with the contents of Amend: Comm. 896.96 was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. MS. VILLEGAS: Chair? CHR. KIMBALL: Bill 169, Draft 2, is amended with the contents of Communication 896.96. With that, I'll recognize Council Member Villegas. MS. VILLEGAS: At this time, I'd like to put forth a motion to postpone. We've had a long day. I need to make the motion first, right? I don't talk more after I CHR. KIMBALL: That's correct. However, before you make the motion, I would like to have the opportunity to make a couple of brief statements on the matter. And I'm glad that you're making the motion to postpone because there have been certain issues raised today around the language of Section J and the floodplain and how that would be dealt with. There was brought up in the slides in the presentation today, Mr. Arai, some of the language about what the Cultural Resources Commission asked that you do, which you then acknowledged that the applicants would do, and yet that language isn't in there. And as I think has been made abundantly clear to you folks, the Page 51 Hawaii County Council-43 July 10,2024 level of distrust for things that are said but not in writing is pretty significant, and I think that that's important. If there is a commitment by the applicants to do these actions, they should be included in the document itself. And then I think we've had further concerns raised with regard to the affordable housing, and how that is all going to be satisfied. So I am not comfortable with the current status of this ordinance, and I think it has some key deficiencies that I hope will be worked out. It sounds like we're going to postpone. That said well, I'll just leave it there and say I could not support it in its current format. I'm not sure what is going to be proposed going forward, but that is the comments that I would like to make at this time. Council Member Villegas, please go ahead with your motion. MS. VILLEGAS: I can put forth a motion to postpone and then explain why. CHR. KIMBALL: You can go ahead and make the motion to postpone. Please give us the date of your postponement. Motion to Postpone: Ms. Villegas moved to postpone Bill 169, Draft 2, as amended, to August 21, 2024. Seconded by Mr. Inaba. CHR. KIMBALL: On the postponement, Council Member Villegas. MS. VILLEGAS: Yes. I think it's really important that the next hearing for this happen in Kona, and the community that lives in the space and would be affected by the ramifications of our decision be allowed to be there in the room with us and not have to drive all the way to Hilo. I have, as I've stated, a number of conditions of approval to process. There's also a number of other experts and insights and input that I would like to have the opportunity to present to the Council, and to honor the people who have sat here all day. While we've taken this through, to me it seems pretty obvious that there's still a lot of concern here, and so I would like to ask for the postponement. Yeah. I yield. CHR. KIMBALL: Thank you, Council Member Villegas. Any further discussion on the postponement? Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Today was interesting as far as what information was brought forward in different areas regarding the affordable housing component and the drainage, of particular interest to myself. I would like to see this moved to the meeting that was specified mainly because I want a little bit of time to process what was said today. I have some questions I think would be answered by other parties. Page 52 Hawaii County Council-43 July 10,2024 But, also, in reading through the PowerPoint that was provided today, there's a want to ensure that the community is happy with this project. I'm getting that strictly from the PowerPoint. If that's true and there is no rush, then giving us time to think about this and talk with community and figure out whatever questions we may have is actually ideal if the intention is to find something that suits everyone or not. But that's where I stand. I like the postponement. It's always good to take your time in making decisions. So thank you. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. I'm in support of the postponement. I think this is a very important decision, and we need to get all the information and get it right. I do want to say that while I understand that you would want it to be in Kona, there are more people affected by this potential development than those who reside directly around what is being developed. And so I do think it's an issue for the entire island to think about, especially people who would potentially be living in this development. So thank you and I do support the postponement. CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else on the postponement? Quickly, Council Member Evans. MS. EVANS: I'm really happy that you're postponing this and we're going to be in Kona, which is great. I just wanted to leave this thought that this is in the urban zone. And I'm hoping the Kona(Community) Development Plan Action Committee, I do believe I heard there was some inconsistencies, but there's also consistencies. The community envisioned this to be an urban area, so got to have further discussion, I think, with the action committee and kind of see where that goes. I'm looking forward to hearing something more from the action committee in the future. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. All right, with no further comments on the postponement, all those in favor of postponing Bill 169, Draft 2, as further amended, to August 21st, please say "aye." Vote on Motion to The motion to postpone Bill 169, Draft 2, as amended, to Postpone: August 21, 2024, was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Page 53 Hawaii County Council-43 July 10,2024 CHR. KIMBALL: Thank you to the applicant and the applicant's representative and everyone else for their patience as we did our due diligence on this. I will further comment that I think it would be wise to agendize potentially a site visit for this body to the location, either the day prior. This would have to be a public meeting, so it would have to be publicly noticed. Ideally, you would do a communication to me as Chair, a request to agendize a site visit, and we will figure out how to do that. It's been done before but not for a while. All right, with that, Mr. Clerk, we're going to—well, actually, let me—do we need a break, folks? We've taken lots of little breaks sooner. Okay, we're going to do a quick five minutes. So let's reconvene at 3:10. Recess: At 3:05 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 3:12 p.m. Return to Order The Chair directed the Council to return to the order of business. of Business: 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 May 1 and May 15, 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: Bill 166: AMENDS SECTION 25-8-3 (NORTH KONA DISTRICT ZONE MAP), (Draft 2) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL–20 ACRES (A-20a) TO FAMILY AGRICULTURAL–5 ACRES (FA-5a) AT NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-024:003 (Applicant: Ryan Leese) (Area: 21.942 acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to subdivide the property into four lots. The property is located on the southwest corner of the Kaloko Drive/Ha6 Street intersection in the Kaloko Mauka Subdivision. Reference: Comm. 885.9 Intr. by: Mr. Inaba(B/R) Negative: LAAC-63 (Due to a vote of 4-ayes, 5-noes) Page 54 Hawaii County Council-43 July 10,2024 (Note: Comm. 885.10, from Council Member Holeka Goro Inaba dated July 8, 2024, transmitting a statement and information from applicant Ryan Leese, was circulated.) Motion to Approve: Mr. Inaba moved to pass Bill 166, Draft 2, on first reading. Seconded by Ms. Galimba. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: We do have the applicants here today joining us in Hilo chambers, as well as their representative Daryn Arai. I want to point the body to Communication 885.10, which is contained in our pinkies folder, and that was additional documentation submitted by the applicant and their representative. Mr. Arai, go ahead. (Note: At this time, Land Use Planning Consultant Daryn Arai and Ryan Leese, applicant and co-owner, came forward to address the members of the Council.) MR. ARAI: Thank you very much. Chair Kimball, members of the Council, sitting next—sorry. Daryn Arai, assisting the applicant, Ryan Leese, who's sitting here to my left. Also joining us today are two of the co-owners of the propertyI'm sorry, one of the co-owners of the property, Mr. Seth Roosevelt, with the hat. His father is also one of the co-owners of the property. Sitting next to Mr. Roosevelt, is Dr. Michael Hughes, who is one of the potential lot owners within this proposed four-lot subdivision. So I'll go quickly to our presentation. But if you could allow me the courtesy of having Mr. Leese and Mr. Roosevelt and Mr. Hughes speak following my presentation, if that's okay with you. CHR. KIMBALL: That's fine. (Note: At this time, Planning Consultant Daryn Arai provided a presentation to the members of the Council. For viewing of the subject presentation, see the DVD copy of the meeting proceedings on file in the Clerk's Office or navigate to the Council's video archives from the County's homepage at www.hawaiicounty.gov. A copy of the presentation is made a part of the record, see Comm. 885.10.) MR. ARAI: If I could turn it over to Mr. Leese for his testimony. MR. LEESE: Thank you all for taking the time today. This has obviously been a very long day. My name is Ryan Leese. I'm the applicant and co-owner of the property in question. I live and rent in Kona. And,just to be clear, this is the only property I've ever bought or owned. Page 55 Hawaii County Council-43 July 10,2024 We purchased the property fully aware that there were no guarantees about subdividing the land for our first homes. We still understand that as we come before you today. I want to emphasize that purchasing this land required everything we had. The only way we can keep it is essentially to use it for our first homes and share in the cost collectively. We fully agree that the forest needs to be protected, which is why we readily agreed to place 80 percent of the land, totaling 17.5 acres, into permanent protection. We will also comply with and implement an extensive forest management plan. The remaining area will be used for our homesites with minimal impact on the forest. By being able to install individual driveways, we can strategically select locations for the driveways and house pads to avoid large native trees and minimize environmental impact, unlike other subdivisions that have 60-90 foot roads right down the center. Moreover, we will actively manage and care for the land, working to combat Rapid `Ohi`a Death, and install thoughtfully placed fencing to keep out pigs and other invasive species. Passing Bill 166 will enable us to become homeowners and stewards of the Kaloko forest. All I ask is for you to see us as community members who work here and want to stay here. We're not land developers looking to make a profit. We're here to make a home and live our lives out here. Thank you. ACTING CHR. INABA: Thank you. You can proceed if you just identify yourself for the record,please. (Note: At this time, Seth Roosevelt, co-owner, came forward to address the members of the Council.) MR. ROOSEVELT: Good afternoon, Council. My name is Seth Roosevelt. I absolutely love living here on the Big Island for many reasons. I'm a strong supporter of conservation of the land here on the Big Island. I do own a small business here cleaning carpets and tile. I'm also able to employ local residents here in Kona. And like a lot of other people here, I also work two other jobs in order to make ends meet. I do dream of owning a home here, but because of the current market, I couldn't afford to purchase a home between $800,000 and $1 million, is kind of how the current market is here. So, when we were approached with the opportunity to purchase the land in Kaloko, it served as a few opportunities; first, to have property in Kaloko, one of my favorite places here on the island. Secondly, the opportunity to have adjacent properties with good friends and family I know and trust. And, thirdly, to be able to build a small, modest house, a place to call home here. Page 56 Hawaii County Council-43 July 10,2024 And there's absolutely no way I could afford to build a mega mansion that was implied and mentioned at our previous Council meeting. I feel that we may have been mischaracterized as big developers possibly trying to exploit the land to make money. I actually share some of the same feelings shared by the Council and some of the testimony opposed to big developers here on the Big Island. We're not big developers. We're just trying to build our homes here. When we purchased the land, we did know and were well aware of the rezoning rules and regulations. I was also a hundred percent in favor of the forestry plan to protect and maintain the forest. We were also aware that there was the potential that the property may not gain approval for rezoning, although we did do our due diligence and looked at the history of the properties in the area and tried to make an educated decision, based on the history and the current subdivisions in the area. Our contingency plan, if we're not able to subdivide the properties, we would have to sell the land, which of course is not what we want to do. As much as we'd like to hold onto the land and preserve the forest, it's just not financially viable for us to hold onto the land. If we are allowed to subdivide the property, it would allow the parcel to be protected under the forestry plan. It would allow us to build affordable homes here for myself, for Ryan, Dr. Hughes, and my father. All three of us who are presently here today, we work, we live, and we contribute to the community here in Kona. All three of us currently rent. So building our homes would also free up housing for other local residents here in Kona. Just to sum it up, allowing us to subdivide will provide three important things I've heard expressed many times, favorably by this Council: preservation of the native Hawaiian land by preserving the forest under the forestry plan in perpetuity, affordable homeownership for Big Island residents who live and work here, and also free up more rental properties for local families who live and work here as well. Thank you very much for your time and consideration. ACTING CHR. INABA: Thank you, Mr. Roosevelt. It's not typical being that you're not an applicant, but you are associated with the application from the beginning, so, Dr. Hughes, if you'd like to share a little bit. (Note: At this time, Michael Hughes came forward to address the members of the Council.) MR. HUGHES: Good afternoon. I thought I had a hard job. Aloha, Council Members. My name is Dr. Michael Hughes. I'm a local physician in Kailua- Kona. So I'm in both of your guys' districts. I'm present here today to give my testimony in favor of Bill 166, I want to say, and thank you for allowing me to speak on behalf because usually it's not given that speaking time. Page 57 Hawaii County Council-43 July 10,2024 In my line of work, I had the privilege to care for the people of this wonderful community,just as you care for the health and wellness of the County and all of your constituents. When I moved to Kailua-Kona seven years ago, I was a brand new resident with a single suitcase full of hopes and dreams to try and make it in this community and serve this community to my best degree. I quickly fell in love with the people of this community, and Hawaii is my home. I left the Mainland and I'm here. I'm trying to be here permanently for the rest of my life. Over those seven years that I've been here, I've cared for many of those people who are also your family members and your friends. So I am part of this community, and I will serve this community as long as there is air in my lungs. Bill 166 is an opportunity for the Council to support an eco-conscious, affordable housing subdivision for the active workforce members of this community, and that workforce includes Seth, Ryan, and myself. We are hardworking, local residents who are trying to afford to live in Hawaii and continue to serve the community. We are not land developers wishing to turn a profit or destroy the forest, as indicated by our opposition. All of us are currently renting in Kailua-Kona, as stated previously. In this current economy and this current real estate, it's pretty cost-prohibitive for a single-income household to be able to afford a home in Kailua-Kona, usually a ranking right around the median price of 900,000-plus. So, if you say yes on Bill 166, this gives us the opportunity to protect the forest and the native species in perpetuity, while also giving us an opportunity to finally achieve the dream of our first-time homeownership, which many of you guys had probably experienced that at some point. It will also vacate three long-term rental properties for the community that we currently reside in. I'm kindly asking that you Council Members recognize that we are not land developers. We are humans and we are local people working to help people like you. It will finally help us afford to live in Hawaii and establish our roots here and hopefully build families. I pray that you can see that we have good intentions to this land and to this community. With your approval of Bill 166, you are saying yes to an eco-conscious, affordable housing project and an opportunity for working class, local residents whose ultimate goal is to love and care for the `aina and be responsible stewards of the land and to preserve the integrity of the Kaloko Mauka forest. Mahalo nui loa. I appreciate your consideration. ACTING CHR. INABA: Thank you, Dr. Hughes. With that, I don't have any further questions for you folks at this time. Opening it up to the body. Thank you, Chair, I yield. CHR. KIMBALL: Thank you, Vice Chair Inaba. Any questions/comments from the body? Council Member Kaneali`i-Kleinfelder. Page 58 Hawaii County Council-43 July 10,2024 MR. KANEALI`I-KLEINFELDER: I think at least an apology from myself in regards to the last meeting. And because of the previous bill, which you have been on the back end two times now, you were treated in a way that was relevant to that bill. I'm not saying yes or no right now. I'm just saying there is a level of professionalism that is required of us, as well as from our constituency and our residents, and it needs to be upheld on both sides. And there was a lot of emotion, and rightly so, in the last hearing, and I do think that bled over into the hearing for your rezone. I just wanted to say that and offer that from myself, and then just to kind of help guide our discussion today. Thank you. MR. ARAI: Thank you. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. I appreciate you making that remark. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Mr. Arai, what would happen if the Council were not to approve this rezone request today? MR. ARAI: Then the legacy Ag-20 (agriculture 20 acres) zoning will prevail and continue to prevail. And all of the uses, privileges, and requirements and opportunities allowed by that designation can continue forward. The concernthe reason for this rezoning request is to utilize the act of rezoning as an opportunity to place restrictions and requirements on a piece of land that does not exist now. It goes far beyond what a typical Zoning Code allows. Zoning Code right now is pretty much (inaudible) structure, setback, the type of ag uses. Pretty straightforward. But as you've seen for the past, um, I know I did the math, 23 years, these more recent zonings based on the Council resolutions have clearly defined a workable solution where you can have a balance between reasonable use of the land, yet protection of the very resource that you care about. I know people at the last legislative approvals meeting, there was discussion about pin-to-pin clearing. And that is something that could be permitted under the current Code, and nothing would prohibit it. Another thing to consider is that if this rezoning is not approved, then it sends a message to other Kaloko lot owners with legacy Ag-20 zoning that further subdivision is not an option. So you would just have to exercise whatever privileges are allowed under the existing Ag-20 zoning. And for those who wish to build a home, the easiest path is a farm dwelling and an additional farm dwelling. And as you are aware, as you build dwellings, in order to qualify for those dwellings, you have to demonstrate reasonable agricultural activities on the property. And in order to do that then obviously it may result in additional clearing of the forest in order to justify. Even for the Page 59 Hawaii County Council-43 July 10,2024 second home, you have to justify. The only home that is sort of like given an outright permissibility is the very first home. Anything beyond that, you need to justify. So that is one of the things that we worry about. This is not something that is you talk about how actions have consequences, right. You may affect this particular property, but the consequences on others who are also looking. And I'll be honest, I've had one other call from an interested party. So I know they're monitoring. MS. KIERKIEWICZ: Thank you, Mr. Arai. It's good to understand the options for how things could go with or without the rezone. I think it's really interesting that, through this particular bill for ordinance, we're acknowledging a couple of resolutions that were authored nearly 30 years ago. And resolutions are often symbolic in nature, but I just really appreciate the Planning Department and the County really taking this into serious consideration and having it as part of the ordinance. Gentlemen, thank you for being here. I think you've been here with us for like almost ten hours. So thank you for your stamina, but really, thank you for each of you for sharing your heart, your intention, and the work that you do to play a significant role in caring for and supporting our community. I will be supporting your request to rezone, and just really appreciate the opportunity to keep a significant portion of our `aina preserved. Thank you. I yield. MR. ARAI: Thank you for the question. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else? All right, seeing—Vice Chair Inaba. MR. INABA: I think I just want to recognize, the applicants who came forward, your role in community. I took the time to go back and look at other rezoning ordinances that this body took up since I was fortunate to serve District 8 on the Council. There's been some that we've approved up in Kaloko, which were actually time extensions, not new applications as is the case of your folks' application today. And we had testimony both in favor and against this application from neighbors in Kaloko. I still feel conflicted but I won't vote this down today, because I think there's just a little bit more to be thought through. So, with reservations, I'll be voting in favor today. Thank you. CHR. KIMBALL: Thank you, Vice Chair Inaba. Council Member Galimba. MS. GALIMBA: Thanks for coming. I will continue to support this. I just reallyI like to see what you've done as far as preserving the forest and working Page 60 Hawaii County Council-43 July 10,2024 together to find a solution. I've kind of done similar things out where I live to try and help local people to afford someplace to live. So I appreciate what you're trying to do. I yield. CHR. KIMBALL: Thank you, Council Member Galimba. Council Member Villegas. MS. VILLEGAS: I'd like to echo the sentiments of my colleagues here on the Council. Thank you for being here. Thank you for being patient. Thank you for your earnest intention to participate in our community. A good friend of mine is a surgeon that just moved here and is the new surgeon at the Kona hospital, she and her husband and daughter. They're renting a home and they'd like to buy something eventually. As a matter of principle, I can't support this today because until we start making the hard decisions to say no to create a new standard and expectation for how we manage the forest, especially in Kaloko, for me I feel a sense of obligation and duty and part of my kuleana to then be that voice sitting here. It's much easier to say yes and to please the people sitting in front of us. It would make this job much easier for me. But I wouldn't be okay inside with that. And so thank you for being here. It's just my vote. I'm sure we'll—it's never more than half a degree of separation to those of us, and myself am born and raised and fifth generation here. But to those who have joined the community in Kona and are active, and I have heard wonderful things, I just would have hoped that you could have found a space, that you could have bought an already-existing home or an already-subdivided lot to build upon because there are lots of them. So, with all respect, I ask will you honor my values and principles and the intention and the motivation for my vote not in favor of your subdividing this portion of forest. I yield. CHR. KIMBALL: Thank you, Council Member Villegas. Council Member Evans. MS. EVANS: Thank you. I'm in strong support and want to thank you for your leadership. I know that forest. I've been up there. Unfortunately, I've seen it subdivided over time. If I like it or not, that's where we're at. And you're actually showing how to do it the right way. When people come after you, I'm hoping that this becomes a template, and that the next councils and whoever comes sees that we have to deal with these forest management plans when there is a native forest. That should become the norm, not an exception to the rule. So thanks for your leadership, and I strongly support what you're doing. I yield. Page 61 Hawaii County Council-43 July 10,2024 CHR. KIMBALL: Thank you, Council Member Evans. Council Member Kagiwada. MS. KAGIWADA: Just to note, I was told that the feed went down. Can you double-check? CHR. KIMBALL: Do we have a live feed? Can we get confirmation? MR. PERRY: Could we take a quick recess, Chair, to check CHR. KIMBALL: We can keep going? Okay. All right. All right, thank you. Okay, great. We're going to keep going. All right, Council Member Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. Mr. Arai, I need to check the it's an Ag-3 (agriculture 3 acres) zoning, correct? MR. ARAI: The request is for an FA-5 acre (family agricultural 5 acres) minimum lot size. MR. KANEALI`I-KLEINFELDER: But the underlying zoning is Ag-3? MR. ARAI: The current zoning is Ag-20. MR. KANEALI`I-KLEINFELDER: Ag-20. MR. ARAI: Yes. MR. KANEALI`I-KLEINFELDER: What's the they could go to Ag-3 if they wanted to? MR. ARAI: Oh, I see what you're yes. According to the Council's resolution, this area could support minimum lot size as low as three acres. MR. KANEALI`I-KLEINFELDER: Okay. And then double-checking because I couldn't remember this morning. I know this information but, for some reason, I can't remember and just to put it out there. We cannot subdivide Ag-5 into an Ag-3 and an Ag-2 in the future. Correct? MR. ARAI: Not without a rezoning. MR. KANEALI`I-KLEINFELDER: So it is possible. MR. ARAI: No. If the zoning is approved, it will set a minimum lot size of five acres. They are not able to create any lots smaller than five acres. If they wish to make it smaller, they will have to go through the whole rezoning process once Page 62 Hawaii County Council-43 July 10,2024 again. And the Council's resolution for this area does allow for a smaller lot size, but it's not something the applicant wishes to do. So they decided to push forward an FA-5 acre minimum lot size zoning as a commitment that the lots would not be less than five acres each, even though the opportunity exists for them to do so. MR. KANEALI`I-KLEINFELDER: I'm looking at the map that I have in my hand here. When I look at maps like this, then I can concur with what you're saying because I'm looking at the parcels that have been created around this parcel and what you're asking for, and to me it matches. I have a logical track that I follow. When I look at things like this, this makes sense logically. And it complies with the different zoning that we have in effect currently. And with your forest preservation plan and everything else, I can say yes to this, okay. You answered my question, but I was digging for the actual County zoning, which I believe is Ag-3 in this case. Because if we have it around, then it's allowable. Rezone or not, they could go that direction in the future? MR. ARAI: Not without a rezoning. MR. KANEALI`I-KLEINFELDER: They can just do it nilly-willy, but they have to have a rezone and come back in for a rezone. MR. ARAI: Correct. MR. KANEALI`I-KLEINFELDER: But it is allowable at the County level, correct? MR. ARAI: Based on the resolution, it conforms with the Council's policy directions established by the two resolutions you put into place. MR. KANEALI`I-KLEINFELDER: Thank you. MR. ARAI: Thank you. CHR. KIMBALL: Council Member? Anyone else? Okay, seeing none, I'm going to lend my support as I did in the Committee hearing. I'm comfortable trading 80 percent protected in perpetuity for the request here. So, with that, I think we're okay with a voice vote. All those in favor, please say "aye." I know you're a"no"but since we don't have anybody via videoconference, we can do a voice vote. We don't have to do a roll call. MR. PERRY: Chair, if there is any "no"vote, then it requires a roll call. CHR. KIMBALL: We'll just do a roll call. I will disagree with you, but I will explain that later. Go ahead. Page 63 Hawaii County Council-43 July 10,2024 Vote on Bill 166: The motion to pass Bill 166, Draft 2, on first reading was Draft 2 carried by the following roll call vote: (Approved) Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —6. Noes: Council Members Kagiwada and Villegas —2. Absent: Council Member Lee Loy — 1. Excused: None. (Note: Mr. Inaba voted "kanalua"then "aye.") (Note: Due to the negative recommendation in Legislative Approvals and Acquisitions Committee Report No. 63, the report failed.) CHR. KIMBALL: Thank you for being here. Thank you all. Please take care of those patients. I don't know what they were doing all day. STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON BILL 140 The following individuals registered to speak and came forward when called by (COMM. 764): the Chair: Ramona Mendoza: In support. Maureen Fishleigh: In support. Bill 140: AMENDS CHAPTER 20 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SOLID WASTE FACILITIES Requires that all solid waste facilities used for the disposal, collection, and transfer of household waste be operated and open to the public at least two days per week. Reference: Comm. 764 Intr. by: Ms. Kierkiewicz First Reading: June 19, 2024 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 140 on second and final reading. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I introduced Bill 140 back in February and this was as a result of many conversations with the Administration that seemed to go nowhere. Begging, pleading from my office for my community for Page 64 Hawaii County Council-43 July 10,2024 just one more day of service at the Kalapana Transfer Station. And I have to say, after really intense discussions at our June 19'h Council meeting, the Mayor's office issues a press release to say, "Hey, guess what, Kalapana, you're going to get another day of service." No heads up to my office. No coordination. I think the Director himself was caught off guard. And then, yesterday, a press release saying, "Hey, guess what, instead of July 17'', we're going to start service today." Again, no coordination with my office, and I take umbrage to that because we talk about working together to serve our community. And it just blows my mind that after years of asking and being told, "We'll figure it out," "We'll work on it," "Can't afford it," "No can," magically, we found a way. We can make all kinds of insinuations as to why, given where we are right now, but I won't go there. I am grateful. But I will say that I am disappointed with how the Administration has handled it. This is not how we are supposed to be working together. There could have been more coordination. I'm going to urge my colleagues to continue to support this measure so that we codify and institutionalize a minimum of two days of service at every single transfer station on Hawaii Island so that no community is ever disrespected or has to suffer in the way that the Kalapana community has. Thank you, Chair, I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Vice Chair Inaba. MR. INABA: I'm wondering if the department has any say. And, Corporation Counsel, there was some legal concern regarding this bill in previous hearings. So I just wanted to give opportunity to the department and Corporation Counsel regarding this bill. (Note: At this time, Environmental Management Director Ramzi Mansour and Deputy Director Brenda Iokepa-Moses came forward to address the members of the Council.) MS. IOKEPA-MOSES: Good afternoon. Brenda Iokepa-Moses, the Deputy Director, and I'm not going to speak on behalf of Corporation Counsel. I think there was some concerns of the legality of enforcing two days but we won't go there. I'll just speak to the department. We did have a soft opening today. We thought people would be favorable for that. We only did it because our truck and trailer came in early. So next week is going to be the full-blown—we had it open all day, but we were trying to figure out staffing. Page 65 Hawaii County Council-43 July 10,2024 So, even though this has happened and people think this is miraculous, but remember we came in front of you guys—we inherited this stuff, right. We didn't make the decision for the declaration or the decreasing days for transfer stations. We did come to ask you for equipment and trailers. MR. INABA: Deputy Director, I just want to know of the stance on the bill, in light of there being opposition from the department in previous hearings. So where we are today. I know you folks inherited these. MS. IOKEPA-MOSES: Okay. Well, we have to follow Corporation Counsel's advice, and I think they spoke to what they thought the legality was. MR. INABA: Okay. Director Mansour, I see you're joining us online. Anything to add right now? MR. MANSOUR: Yeah, I just wanted to make sure. First, I want to thank all of you guys for giving us the opportunity to support and continue providing solid waste services to all of our communities. And I just want to make (inaudible) DEM (Department of Environmental Management), EMC (Environmental Management Commission), and the Administration all were supportive of the intent of this bill, but not the methodology in which was presented. There's a current system that exists, which is the budget process. And we think we're MR. INABA: I'm going to ask you your position on the bill before us. I don't want to talk about the budget process;just are you in support of the bill. MR. MANSOUR: From a department point of view, the budget process is the process to go. From the legal point of view, I'll leave it to Corporation (Counsel) about the separation of powers. But from the department, as we always worked with other Council Members, the budget process is our process to add additional days, similar to what we did with Council Member Maile David when we added more days (inaudible). From a department point of view, we have already an existing process. And we could have done it as we reached out to Council Member Kierkiewicz way back in February, and we told her we will support her a hundred percent during the budget amendment. But, unfortunately, that was not chosen, even though when the bill was introduced MR. INABA: Okay, I'm going to ask you to stop because you're not answering my question. Deputy Corporation Counsel Diana Mellon-Lacey, anything from Corporation Counsel's side? (Note: At this time, Deputy Corporation Counsel Section Chief Diana Mellon-Lacey came forward to address the members of the Council.) Page 66 Hawaii County Council-43 July 10,2024 MS. MELLON-LACEY: What I can say is I believe that Betsy Strance, or Corporation Counsel, did prepare a position statement on this matter. So I don't have anything to add to that. I think we recommended some language similar to what is in Parks' code that indicates the Director does have authority to make changes by posting signage in the event that it's necessary to do that. But I know that that was not supported. But those were the recommendations that were made. MR. INABA: So is there any legal concern with the bill, as drafted today, and what we're going to be voting on? MS. MELLON-LACEY: Only as stated previously. Those concerns remain. MR. INABA: That it's an unfunded mandate? MS. MELLON-LACEY: Also that it oversteps the balance of power between the Administration and the legislative branch. MR. INABA: Interesting. Okay. Well, with that, I think members of the public were super tactful in their approach regarding it magically—it seems like money fell from the sky, and now we can open the thing twice a week. And real convenient to get it done the day we had the hearing of this bill the last time, and the morning of this second and final reading of the bill. I'd just call chicken crap on that, and this should have been done a long time ago. So thank you again to the community for coming out to testify. And I hope that there can be better collaboration and better willingness from the Administration moving forward to address problems like this, and not the use of what I would say is political gain in the timing that things get done. CHR. KIMBALL: Thank you, Vice Chair Inaba. Going to Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. Originally, I had stated that I had just really hoped that this had gotten done before we got to this, because I didn't like the way it was us having to do this kind of for every little thing that the Administration isn't doing that's needed in the public. But, given how this has kind of played out, I also feel like the timing and everything, it's just—and the not collaborating with the Council Member from that district seems just wrong. So I will be supporting this bill because I think we don't know what happens next. So I think it's not that much to ask, the two days a week for—and this is the only one that didn't have it. So it just keeps everything else at least status quo. I'll be supporting. CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Kaneali`i-Kleinfelder. Page 67 Hawaii County Council-43 July 10,2024 MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Commending Ms. Kierkiewicz for bringing this forward, and for the community to get what they want. Ultimately, I didn't like where we sat at the last meeting. Corporation Counsel had reservations about us overstepping our power. The conversation that ensued was gentle but definitely opposing opinions on what needed to happen and what direction each parry could do it through. In seeing the Administration's response in fulfilling the request by the community, I am happy to see movement because, ultimately, that's what we want, is a solution. And the solution being "We are open as of today for the community,"that's the best place that we could be. I see this as a win-win across the board. I didn't like where we sat, like I said. Today, I feel like we have a win-win. It is a weird place to be. We disagree with our own Corporation Counsel on moving things forward and looking at the balance of power within our own government. Respectfully, to all the parties involved, I'm not sure where we want to go, but I feel like we were stepping slightly on our Corporation Counsel's toes in the last meeting. And we have achieved a second day for Kalapana. So just putting it out there for the body. Thank you. CHR. KIMBALL: Thank you, Council Member. Council Member Galimba. MS. GALIMBA: Thank you. The first thing I wanted to address is there was a lot of folks giving testimony that were saying that Wai`6hinu only has 200 inhabitants, and that's because they probably looked at the name "Wai`6hinu Transfer Station" and then the size of that particular hamlet. That is misleading because that actually is a transfer station that services—it's actually sort of a regional transfer station. So it's thousands of people that are serviced by that station, which I'm sure Deputy Director Iokepa-Moses can nod her head and say that's true. Yes. So that's just a little piece of things that people are saying that I, at this point,just wanted to respond to that. MR. MANSOUR: I could MS. GALIMBA: Go ahead, Mr. Mansour. MR. MANSOUR: Yeah, if(inaudible) Wai`6hinu is planned to be a regional facility. You hit it right on. That's why we just did the major construction project, to allow it to be similar to the Hilo reload. So our vision of the entire Solid Waste is to be efficient and create more load centers to our communities. And Wai`6hinu is one of the sites that's going to be regional to that district, yes. MS. GALIMBA: Thanks very much. So,just going on, I also continue to see the problem with separation of powers andI mean,potentially, and this is not trying to be threatening or anything, if we continue on this path, not only a separation of powers but unintended consequences, potentially. So, with(inaudible) flexibility to sort of move resources around. So I will continue to not support this because Page 68 Hawaii County Council-43 July 10,2024 of those reasons, not because I don't support folks in Kalapana having two days of service or whatever is appropriate. I completely understand their frustration around that, and feel that they definitely needed to have at least another day. So that's my position. Thanks. CHR. KIMBALL: Thank you. Council Member Evans. MS. EVANS: Thank you. In strong support. I guess we all have different ways of viewing this, but I think that the Council definitely has authority to set minimum standards and expectations and requirements. And I consider this more of a minimum standard. Obviously, he can do seven days a week, six, five, four. We're not telling him what he can and can't do, but we're saying, at a minimum, we have as a Council an expectation of this standard. I think that's in our realm, and so I'm very supportive. I yield. CHR. KIMBALL: All right. Thank you, Council Member Evans. Any further comments? All right. I want to thank Council Member Galimba for the comments about the regional transfer station, because I think comments have been made about those in Hamakua as well, covering a smaller—but they are more regional. Although, I will say we probably have more than our fair share in Hamakua, as one of the former population centers. But that's a whole other story. I share Council Member Galimba's concerns about separation of power, but I see how this is going. I waffled back and forth on this. I'm just going to go ahead with the vote today, and I think this has enough to make it across the finish line. I will ask you, Mr. Clerk, to do a roll call,please. Vote on Bill 140: The motion to pass Bill 140 on second and final reading (Adopted) was carried by the following roll call vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball –6. Noes: Council Member Galimba– 1. Absent: Council Members Lee Loy and Villegas –2. Excused: None. (Note: Mr. Kaneali`i-Kleinfelder voted "kanalua"then "aye.") CHR. KIMBALL: Thank you, folks, for being here. Page 69 Hawaii County Council-43 July 10,2024 Res. 553-24: AUTHORIZES THE ACCEPTANCE OF A DONATION OF FOUR FORD F350 AMBULANCES FROM THE CITY AND COUNTY OF HONOLULU EMERGENCY SERVICES DEPARTMENT The donation, with an estimated value of$80,000, would be used in the Hawaii Fire Department's reserve fleet of ambulances. Reference: Comm. 925 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 553-24. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I want to give a chance to our Fire Department personnel who's been waiting here for the last eight hours to provide some information on the resolution. Please go ahead and then we'll go to questions. (Note: At this time, Emergency Medical Services Specialist Michael Lam, Hawaii Fire Department, came forward to address the members of the Council.) MR. LAM: Thank you, sir. We work 24-hour shifts, so I guess 8 hours is not that big of a deal. MR. KANEALI`I-KLEINFELDER: Please introduce yourself. MR. LAM: Oh, I'm sorry, sir. My name is Mike Lam from the Hawaii Fire Department, EMS (Emergency Medical Services)branch. I want to thank Chair Kimball, Vice Chair Inaba, and the rest of the County Council for letting me speak on behalf of(Res.) 553-24. And I do have a lifeline behind me in case it's needed. So we'll go back to 2019, or even before that, where we generally receive and purchase approximately one, two, or three ambulances per fiscal year. And that's to replace the aging fleet. We received three ambulances in March of 2019, and that went into service right away. However, afterwards there was a delay, or we weren't receiving the ambulances. We contacted the ambulance manufacturing companies, and they told us because of the supply chain issues and the delay in manufacturing for all sectors due to the pandemic, that we would not be receiving, not only our EMS department but a lot of other EMS agencies nationwide, from that company and from all the other ambulance-producing companies. Page 70 Hawaii County Council-43 July 10,2024 And so the EMS chief, Chief Chris Honda, and the chief mechanic at that time, they communicated with our fellow EMS agencies statewide to see what type of problems they're having, and to think of some sort of solution. The City and County of Honolulu had four ambulances where they were decommissioned. However, they said, "Hey, if you want to take a look at it and see if it's operable and that you can make use of it, it is yours." And so our office went up and took a look, and it looked like it was fixable and we could make use of it. And so, in October of 2023, after communications with this department of EMS operations over in City and County of Honolulu, we went and picked up the ambulances. The mechanic shop, we're able to take care of some of the issues. And of the four ambulances that were donated, two of them have been used as a reserve fleet for the 16 ambulance stations that we have on-island. And the other two are in the mechanic shop and ready to deploy as needed. They just need a little more work. MR. KANEALI`I-KLEINFELDER: Beautiful. Thank you for that. Mahalo to the City and County of Honolulu. Mahalo to Mr. Honda and to yourself, Mr. Lam, for making this happen. I was in Hawaiian Acres, and they have a brush truck in the volunteer fire station. I was looking at it. It's in beautiful shape. I'm saying this because the Fire Department, not just your department, but you folks take such good care of your equipment. Usually, there's a concern "Eh, this is old equipment coming in. It's going to be falling apart." I looked at that brush truck and I asked somebody "How old is that?" 1990-something. It is shiny. It looks better than my truck, a 2006. My truck looks like yeah, it looks like that, comparatively. So I just wanted to say that because there's always a concern: "These are older vehicles," "How good of a shape " "What are we getting ourselves into?" With what I saw on that brush truck from the 1990s, I'm guessing these are in pretty good shape, and we need the vehicles until we get our new ones coming in. So I appreciate this from the City and County. Thank you for your efforts. I'm glad this can help protect our community a little bit and provide better services. Thank you. I yield. And thank you for sitting here all day as well. MR. LAM: Give or take. It's been entertaining. MR. KANEALI`I-KLEINFELDER: Thank you. I yield, Chair. CHR. KIMBALL: We appreciate you spending time with us, yes. Okay, any other comments or feedback? I'll just lend to my mahalo to you and the team and, of course, our friends at the City and County of Honolulu for making this happen. And again, thank you for being here today. All those in favor of adopting Resolution 553-24, please say "aye." Page 71 Hawaii County Council-43 July 10,2024 Vote on Res. 553-24: The motion to adopt Res. 553-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —7. Noes: None. Absent: Council Members Lee Loy and Villegas —2. Excused: None. Res. 539-24: REQUESTS THE COUNTY AUDITOR TO CONDUCT A PERFORMANCE AUDIT OF THE DEPARTMENT OF RESEARCH AND DEVELOPMENT TO PROMOTE TRANSPARENCY, ACCOUNTABILITY, AND EFFECTIVE RESOURCE UTILIZATION Areas of emphasis for review include organizational alignment with the department's mandated duties and responsibilities, the process for awarding discretionary grant funds and determining the measurable impacts the disbursement of funds has on the community, and if the economic objectives and needs of the County are being properly addressed through workforce development initiatives. Reference: Comm. 908 Intr. by: Ms. Kierkiewicz and Mr. Inaba Approve: GOEAC-143 (Note: Comm. 908.2, from Council Member Ashley L. Kierkiewicz dated July 10, 2024, transmitting proposed amendments to Res. 539-24, was circulated.) Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 539-24 and Governmental Operations and External Affairs Committee Report No. 143. Seconded by Mr. Inaba. Motion to Amend: Ms. Kierkiewicz moved to amend Res. 539-24 with the contents of Comm. 908.2. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kierkiewicz, on the amendment. MS. KIERKIEWICZ: Thank you, Chair. During our Committee meeting, I appreciate everyone's mana`o on this audit that Council Member Inaba and I are requesting our County Auditor to do. He requested that we remove the word "comprehensive" and insert"thorough" so that we're very clear on the kind of audit we are requesting. I will note that we are keeping the word"performance" in because if you look at Article 3 of our Charter, there are two types of audits our auditor is empowered to do. One being performance and the other being financial. But he did have concerns about the use of the word "comprehensive." Page 72 Hawaii County Council-43 July 10,2024 In the `BE IT RESOLVED,"we have also identified, based on Council Member feedback, additional areas that we would like the Auditor to explore, including how the American Rescue Plan Act, or ARPA funding, has been awarded in our community, and to identify how the department is working to identify, secure, and manage other grant opportunities from State, Federal, and philanthropic partners. There was also a request to tie our economic needs and goals to something. So I identified the County's CEDS, or Comprehensive Economic Development Strategy, as a guiding framework for evaluating the WIOA (Workforce Innovation and Opportunity Act)program. Happy to answer any questions folks might have. Thank you, Chair. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else on the amendment? All those in favor of amending Resolution 539-24, please say Ic aye. Vote on Motion to The motion to amend Res. 539-24 with the contents of Amend: Comm. 908.2 was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —7. Noes: None. Absent: Council Members Lee Loy and Villegas —2. Excused: None. CHR. KIMBALL: We're back to the main motion. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I just want to take a moment to mahalo nui Director Doug Adams for his presence at Committee. He might be zooming in right now. But just really appreciate the spirit of collaboration that your department is entering into this request for an audit. I appreciate everybody seeing an opportunity to find ways to grow and improve operations so that we can continue to serve our public with the important resources that we have and are responsible for stewarding. Thank you, Chair, I yield. CHR. KIMBALL: Thank you, Council Member. Council Member Inaba. MR. INABA: I think we had good discussion, and I do want to also extend my mahalo to the department for their willingness to use this as a tool to improve and better serve community and the County as a whole. With that, I ask for everyone's favorable support. Thank you. CHR. KIMBALL: Thank you, Council Members. Any other discussion from the body? All right, seeing none, all those in favor of adopting Resolution 539-24 actually, we needed a suspension of Rule 23. Page 73 Hawaii County Council-43 July 10,2024 Vote on Motion to Mr. Inaba moved to suspend Council Rule 23 to waive the Suspend Council holdover for the substantive amendment of Res. 539-24. Rules: Seconded by Ms. Kierkiewicz and carried by the following (Approved) voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —7. Noes: None. Absent: Council Members Lee Loy and Villegas —2. Excused: None. CHR. KIMBALL: Now, we are back to the main motion, which we should not have discussed until we had suspended the rules, but we did this anyway. And we are proceeding with the vote, which I will ask for again, to approve Resolution 539-24, as amended with the contents of(Communication) 908.2. All those in favor? Vote on Res. 539-24: The motion to adopt Res. 539-24, as amended to Draft 2, Draft 2 and Governmental Operations and External Affairs (Adopted) Committee Report No. 143 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —7. Noes: None. Absent: Council Members Lee Loy and Villegas —2. Excused: None. Res. 554-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A WORKFORCE INNOVATION AND OPPORTUNITY ACT GRANT Allows for the receipt of State funds to the Department of Research and Development to assist adults, dislocated workers, and youth by providing training to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 926 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 554-24. Seconded by Mr. Inaba. Page 74 Hawaii County Council-43 July 10,2024 CHR. KIMBALL: Any discussion on this item? MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I spoke to Doug about this. This was waived to Council mainly to make sure that we get the funding in time. Correct? So I appreciate you both being here today. If you could, maybe introduce yourselves? I know you both but introduce yourselves for the record, and give us some background on this. And then I know Doug wanted to be here today but he couldn't, and I do appreciate your time and patience. Thank you. (Note: At this time, Research and Development Deputy Director Frecia Cevallos and Economic Development Specialist Clinton Mercado came forward to address the members of the Council.) MS. CEVALLOS: Aloha, everyone. I'm Frecia Cevallos, Deputy Director for the Department of Research and Development. I want to introduce our new executive director for our workforce development program and WIOA Workforce Development Board, Clinton Mercado. I will defer to him to provide some background on this resolution. MR. MERCADO: Aloha, everyone, Chair. Yeah. So, basically, we submitted a B-52 for this specific reason, for the contract PY23 for adult dislocated worker. Yeah, any questions that you have about that, I can answer. MR. KANEALI`I-KLEINFELDER: Let's start with why the urgency. That's always a good one. MR. MERCADO: The urgency is because we missed the deadline for the B-52 for the resolution and ordinance for the monies from these; came down from the State. And it was waiting for an ordinance number to release the funds to the County, and those funds is to take care of the adult and dislocated worker and youth program, starting on July I". So working with Finance. And we were able to do a Supplemental 1 agreement to take care of once these two notices, excuse me, first and second reading, and we hope everything goes through well, then we'd be able to they were able to notice to proceed and not have any break in service for the month of July. So, yeah. So we failed to meet that deadline by 6:30. So that's where the urgency came into play. MR. KANEALI`I-KLEINFELDER: Okay. Understood. MR. MERCADO: So apologize for that. MR. KANEALI`I-KLEINFELDER: We were happy to waive it through for you and get it here. MR. MERCADO: Thank you so much. We greatly appreciate that. Page 75 Hawaii County Council-43 July 10,2024 MR. KANEALI`I-KLEINFELDER: This is for the resolution. You have the sister bill, Bill 178, coming up later, which will be the actual funds transferring. MR. MERCADO: Yes, that is correct. MR. KANEALI`I-KLEINFELDER: I appreciate that. I understand that you're not the only department that's ever missed having the resolution needed to get in to get the funding and the agreement done on time. So I appreciate you. MR. MERCADO: Thank you. MR. KANEALI`I-KLEINFELDER: And you guys working with us. MR. MERCADO: I appreciate that. MR. KANEALI`I-KLEINFELDER: My only question for you is Iwe have Liko Lehua Cafe, and we have a hard time getting workers. And, recently, it's been a struggle to find people that we can access or who want to work. Is there a way for you to address that within this funding source? We're not the only ones. Even the County is having a hard time finding people. So what is that disconnect between what the community is looking for, your funding, and how do we bridge that gap for us and the community? MS. CEVALLOS: I can start. So the members of our Workforce Development Board for our island is representative of the industry as well as businesses. And so we're going to be working closely with them to identify those gaps and to make those connections with the folks who want to work and are meeting barriers to finding that work. So, working with our board partners, working with our American Job Center partners to make sure that we have that pathway from their services into jobs that we are aware of through the American Job Center, as well as in the County. The Quest program is another opportunity for us to bridge that gap. MR. MERCADO: Yeah, absolutely. And I think one of the biggest thing for the American Job CenterI mean, the workforce development program, as a whole, is an amazing program. What it needs is a lot more attention, and I think it can be bigger and better with proper outreach, collaboration with various partners government and the private sector. So that's one of the biggest things that we're aiming to really focus on, is connecting with the mandated partners that we have, which is Alu Like and HEC (Hawai`i Employers Council) and many more. But it's that, creating—right now, we're in full swing, trying to get the American Job Center into a comprehensive American Job Center so that we can then look at having another site in Kona. But, in the meantime, what we're looking at doing is exploring various hubs across the island or different offices that we can partner up with other people there, to introduce them about the American Job Center and the Page 76 Hawaii County Council-43 July 10,2024 type of resources that we provide at the center. And so it's going to be a lot of that, a lot of leg work and a lot of communication with, working with, different entities just to get the word out. Because, there is a lot of people out there who wants to work. A lot of them don't know exactly how much resources are available. MR. KANEALI`I-KLEINFELDER: Is there a capacity for R&D (Research and Development) I really love this because you're touching on economic development, which I have a soft spot for, specifically in the small business world. Can you work directly with small businesses to see what they're needing and then focus in on the workforce development to fulfill their needs? MS. CEVALLOS: That's the beauty of having workforce development within R&D because we have a business development program as well as ag, energy, tourism. And the intent is for all of our specialists who work with the program to connect those dots. MR. MERCADO: Absolutely. We've had various meetings with private sector and nonprofit organizations, and basically, the thing that we speak about the most is where the resources overlap and where is the gaps. And so, being able to network with various private sectors to meet those needs, I think that's going to benefit our people, our community, our place as a whole. And I think, yes, our workforce development team, still building our team, but with the people that we have within, they're solid and they all have the same vision, the same goal to serve this place. MR. KANEALI`I-KLEINFELDER: Okay, good. MR. MERCADO: Thank you. MR. KANEALI`I-KLEINFELDER: Thank you. Congratulations. MR. MERCADO: I'm excited. Thank you. MR. KANEALI`I-KLEINFELDER: Thank you. I yield, Chair. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Deputy Cevallos, it's great to see you. I'm so glad that you're in a leadership position at R&D. Mr. Mercado, can I call you Clinton? MR. MERCADO: Yes. Page 77 Hawaii County Council-43 July 10,2024 MS. KIERKIEWICZ: Okay. All right. Clinton. I was so stoked when I heard that you're the new Executive Director of this program. I think after Sandra kind of relocated to another county, it was really hard to get in touch with whoever was leading the program. There might have been no one leading the program. So I'm glad that you're there because you bring a lot of really great energy, and you're a solutions-oriented individual, which I really appreciate. And what you shared earlier about the potential for this program for more people to take advantage, I think we're all there. And you're the right person to really sound the alarm on the different opportunities that are available, not just to members of communities looking for a job, but for organizations/entities that have vacancies. I just wanted to understand. So, every year, we get this allocation; Federal. It flows through the State; goes to each of the individual counties. There's a formula that's attached there. How do you make the determination around which organizations are administering each program? So there's the adult program, dislocated worker, youth program. Is there a plan that's developed by the Workforce Development Board? Is there an RFP (request for proposal)? Just trying to understand how an organization or nonprofit or businesses in the community take advantage of these different programs. MR. MERCADO: Of course. Thank you very much. Yeah. So, when the funds are given, when we finally get the funds from the State and it's in the County, what we do is we put out an RFP, request for proposal, to the general public and that's when they submit their contract. They propose, basically, how they're going to play their role as the program to to fill the program. And then we would vote. Of course, we have an RFP committee that looks over what they submit, and then we make a vote as to who submits for it, and then they are tied. I believe it's a one-year contract with the possibility of renewal every year for two years. It's a little bit confusing, the whole process, but yeah. And that's pretty much how we base on who takes care of the program for adult, dislocated worker, and youth, through RFP. MS. KIERKIEWICZ: Okay. So it's possible that multiple organizations could be awarded to administer a particular program. MR. MERCADO: Absolutely. That is correct. MS. KIERKIEWICZ: Okay. And then what role, if any, does the Workforce Development Board play? And when is their next meeting? MR. MERCADO: We are aiming to do an oversight committee meeting in August, and then another board meeting in September, which we will explore policies and procedures and the budget and that kind of stuff. So, when the RFP do go out for proposal, we let our board members know what is happening, yeah, and then we kind of go through the process. Page 78 Hawaii County Council-43 July 10,2024 MS. KIERKIEWICZ: Do they help you to define the scope of the RFPs? I'm just trying to understand their role that they play in helping to because, they're made up of different, small businesses or nonprofit organizations. I think even the colleges are involved. So they have a sense of what the need is out in the working world, and I'm assuming they bring those insights, that mana`o, to help inform how you might scope out the RFPs. Again, I just want to understand their role. MS. CEVALLOS: So the board members have to approve all the RFPs, the scopes, contracts. I mean, they're the ones who guide our program, the Workforce Development Program. And I believe for the scoping of each RFP, we have to do that internally and present it to the board at each meeting. That occurs quarterly and I'm not sure when the next one is. MR. MERCADO: So, right now, we are in the process of reconstructing our one- stop operator RFP. And once that ishoping to get that done within the next month or so. And then once we have it crafted, ready to go, we share that with the board. We'll go back and forth to see if there's any type of adjustment that we would like to do, and then we revise it and then take it back to our board again. So, definitely, they have a lot of influence on what is in our RFP. MS. KIERKIEWICZ: And how are those individuals selected, because we don't confirm them as a Council. Are they just hand-selected by leadership of R&D based on set criteria? MR. MERCADO: They all have to be confirmed by the Mayor. And so I don't exactly know the exact formula of how they are selected, but I know that, roughly, they apply—we have an application for that—and then that also gets moved to the State for review, and then it comes back. And I believe some were in that process. I haven't witnessed new board members since the short time I've been here, but yeah, I'm pretty sure it's approved by the Mayor as well. MS. CEVALLOS: We can provide the criteria for selection. MS. KIERKIEWICZ: I'd just like to know who's on it right now too. MS. CEVALLOS: Oh, yeah. Who's on the board right now? MR. MERCADO: (Inaudible.) MS. KIERKIEWICZ: Thank you. I really appreciate you taking all of these questions. It was waived out of Committee, so I just want to make sure I'm asking all of the questions, and there's a general understanding by this body and members of the public of how this funding is being used. And anything that we can do to help kind of support getting the word out about the RFPs,please do let us know. And also, very curious about how we might get more folks to the one- Page 79 Hawaii County Council-43 July 10,2024 stop shop job center, but also, as you said, connect that resource to the rural communities because it's very hard for folks to just come to Hilo. And I think we can do a better job of being out in communities where people are living and looking for work. MR. MERCADO: Absolutely. And that's the struggle with transportation; big island, far away. At the American Job Center,people come in from Kalapana, Pohoiki, all over, South Point, and it's a challenge to get to the location. So we're hoping that we can get out there more; go to our people instead of have them come to us. And, if you like, you wanted the names of all the people on the board? I have them. MS. KIERKIEWICZ: You can email them to me. MR. MERCADO: Okay, I'll go ahead and do that. MS. KIERKIEWICZ: Thank you. I support you. I appreciate you. I will be supporting this resolution. MR. MERCADO: Thank you. I appreciate you all. MS. KIERKIEWICZ: Thank you, Chair, I yield. CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in favor of adopting Resolution 554-24,please say "aye." Vote on Res. 554-24: The motion to adopt Res. 554-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —7. Noes: None. Absent: Council Members Lee Loy and Villegas —2. Excused: None. Page 80 Hawaii County Council-43 July 10,2024 Bill 178: AMENDS ORDINANCE NO. 24-32, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2025 Appropriates revenues in the Federal Grants —Workforce Innovation and Opportunity Act account($1,697,603); and appropriates the same to the following 2023-24 Workforce Innovation and Opportunity Act accounts: Administration Planning ($169,760), Adult Program ($698,272), Dislocated Worker Program ($254,277), and Youth Program ($575,294). Funds would be used to assist adults, dislocated workers, and youth by providing training to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 926 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 178 on first reading. Seconded by Ms. Kagiwada. (Note: At this time, Research and Development Deputy Director Frecia Cevallos and Economic Development Specialist Clinton Mercado came forward to address the members of the Council.) CHR. KIMBALL: Council Member. MR. KANEALI`I-KLEINFELDER: Thank you. Just real quickly. Thank you for the information provided in Resolution 554-24, which is the sister legislation to Bill 178, and I look for everyone's support. Thank you. CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Bill 178: The motion to pass Bill 178 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —7. Noes: None. Absent: Council Members Lee Loy and Villegas —2. Excused: None. CHR. KIMBALL: Thank you both for being here. MR. MERCADO: I really appreciate it. Page 81 Hawaii County Council-43 July 10,2024 CHR. KIMBALL: I believe that's all R&D's business, right, with us today? All right, great. MR. MERCADO: I really appreciate you folks. Thank you. MR. INABA: Mahalo. CHR. KIMBALL: Thank you. 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. (Note: Items in this category were taken up previously, out of order.) Res. 537-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF REAL PROPERTY FOR THE COUNTY OF HAWAII IN KEA`AU, DISTRICT OF PUNA Authorizes the Mayor to enter into a five-year lease agreement with an option to extend for two additional five-year terms with Milo Storage, LLC, for approximately 800 square feet of warehouse space. Reference: Comm. 902 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-168 Vote on Res. 537-24: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 537-24 and (Adopted) Finance Committee Report No. 168. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —6. Noes: None. Absent: Council Members Kagiwada, Lee Loy, and Villegas —3. Excused: None. Page 82 Hawaii County Council-43 July 10,2024 Res. 538-24: AUTHORIZES THE ACCEPTANCE OF ALL DONATIONS OF SECURITIES OR PERSONAL PROPERTY TO THE COUNTY OF HAWAII WITHIN THE 2024-2025 FISCAL YEAR THAT ARE NOT COVERED BY THE DEPARTMENT OF FINANCE'S CAPITALIZATION PROCEDURES Provides County Council pre-authorization for the County to accept donations that are not covered by the Finance Department's capitalization procedures for Fiscal Year 2024-2025. Reference: Comm. 903 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-169 Vote on Res. 538-24: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 538-24 and (Adopted) Finance Committee Report No. 169. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —7. Noes: None. Absent: Council Members Lee Loy and Villegas —2. Excused: None. Res. 543-24: ACCEPTS THE DEDICATION OF KIKAU PLACE AND KUAHIWI PLACE, DESCRIBED AS ROADWAY LOT 369, PACIFIC HEIGHTS SUBDIVISION, INCREMENT IV, IDENTIFIED AS TAX MAP KEY: 2-4-006:091, SITUATED AT KUKUAU 1sT, DISTRICT OF SOUTH HILO, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, FROM HSC, INC., A HAWAII CORPORATION The landowner seeks to dedicate the roadway and all improvements for public roadway purposes. Reference: Comm. 912 Intr. by: Mr. Inaba(B/R) Approve: LAAC-61 Motion to Approve: Ms. Kagiwada moved to adopt Res. 543-24 and Legislative Approvals and Acquisitions Committee Report No. 61. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: Thank you so much. This has just been a long while in the making for this neighborhood, and appreciate your support. I just do want to give a shout-out to DPW for their help in getting this dedication done, and really appreciate them. Okay, thank you. Page 83 Hawaii County Council-43 July 10,2024 CHR. KIMBALL: Thank you, Council Member Kagiwada. Any further discussion on this item? Corporation Counsel? Okay, great. All right. All those in favor of adopting Resolution 543-24, please say "aye." Vote on Res. 543-24: The motion to adopt Res. 543-24 and Legislative (Adopted) Approvals and Acquisitions Committee Report No. 61 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —7. Noes: None. Absent: Council Members Lee Loy and Villegas —2. Excused: None. Res. 544-24: ACCEPTS THE DEDICATION OF ROADWAY "LOT 2," BEING A PORTION OF ROYAL PATENT 4475, LAND COMMISSION AWARD 7713, APANA 5 TO V. KAMAMALU, SITUATED AT KEOPU 3, NORTH KONA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, A PORTION OF TAX MAP KEY: 7-5-007:033, FROM D&L FUJIMOTO, LLC, A HAWAII LIMITED LIABILITY COMPANY The landowner seeks to dedicate the roadway and all improvements for public roadway purposes. Reference: Comm. 913 Intr. by: Mr. Inaba(B/R) Approve: LAAC-62 Motion to Approve: Mr. Inaba moved to adopt Res. 544-24 and Legislative Approvals and Acquisitions Committee Report No. 62. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: No comment and thank DPW andsorry, no discussion. I have a comment. Thank you to DPW and Deputy Corporation Counsel Sinclair for being here. I ask for everyone's support. CHR. KIMBALL: Thank you, Vice Chair Inaba. Any further discussion on this item? Seeing none, all those in favor please say "aye." Page 84 Hawaii County Council-43 July 10,2024 Vote on Res. 544-24: The motion to adopt Res. 544-24 and Legislative (Adopted) Approvals and Acquisitions Committee Report No. 62 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —7. Noes: None. Absent: Council Members Lee Loy and Villegas —2. Excused: None. Res. 555-24: AUTHORIZES THE ACCEPTANCE OF A DONATION OF ANETIK PROTECH SHIRTS TO THE HAWAII FIRE DEPARTMENT The donation from Anetik, with an estimated value of$10,850, would provide sun protection to the department's Ocean Safety personnel while on duty. Reference: Comm. 927 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 555-24. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: We have Chief Okinaka here, and you did get lucky enough to get Resolution 555. To me, that's a win, on top of being a really cool donation for our water safety officers. Could you give us a little background on the donations? This is sizable. That's nice. (Note: At this time, Assistant Fire Chief Darwin Okinaka came forward to address the members of the Council.) MR. OKINAKA: Definitely. Good afternoon, everyone. Darwin Okinaka, Assistant Fire Chief with the Hawaii Fire Department. Yeah, this is another opportunity for an awesome donation for our Ocean Safety Division. Anetik clothing in conjunction with Hawaii Lifeguard Association. They have a partnership with Hawaii Lifeguard Association, which is a nonprofit. For one thing, they do sales, and a portion of their sales of Anetik clothing, they donate to Hawaii Lifeguard Association. This year, I don't know if it was part of that funding or what, they reached out to us and they offered to donate, one each, a set of three: one hoodie, a long-sleeve and a short-sleeve UV (ultraviolet)rated shirts for our ocean safety personnel to Page 85 Hawaii County Council-43 July 10,2024 utilize for their uniforms while working. So we're working with them and getting it printed to look like our uniforms, and then our guards will be able to utilize those shirts for sun protection but also in uniform. So, yeah, awesome! MR. KANEALI`I-KLEINFELDER: Awesome! Win-win. Love this. Thank you. MR. OKINAKA: Yes, sir. Thanks. MR. KANEALI`I-KLEINFELDER: Thanks for being here today. MR. OKINAKA: No problem. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Anyone else on this item? Council Member Galimba. MS. GALIMBA: Thanks. Just a quick one. Really, they're worth $10,000? MR. OKINAKA: In total, yes. So we have 62 personnel times three. So each shirt is, you know, so the total cost. I think it's close to $50 a shirt or so. I'm not sure exactly what the cost is. So, yeah, the total cost adds up. MS. GALIMBA: Thanks. I know I've asked,just—yeah. Thank you for that clarification. MR. OKINAKA: No problem. CHR. KIMBALL: Thank you, Council Member. All right, any further discussion? Seeing none, all those in favor of adopting Resolution 555-24, please say "aye." Vote on Res. 555-24: The motion to adopt Res. 555-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball –7. Noes: None. Absent: Council Members Lee Loy and Villegas –2. Excused: None. CHR. KIMBALL: Thank you for being here. MR. OKINAKA: Thank you. Page 86 Hawaii County Council-43 July 10,2024 BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order.) Bill 104: AMENDS CHAPTER 19, ARTICLE 1, SECTION 19-2; CHAPTER 19, (Draft 6) ARTICLE 7, SECTION 19-53; AND CHAPTER 19, ARTICLE 11, SECTION 19-90, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE CREATION OF A LONG-TERM RENTAL CLASS FOR REAL PROPERTY TAXES Establishes a Long-Term Rental tax assignment classification for properties that are occupied under a lease for at least 12 consecutive months and under a signed lease for six consecutive months or more to the same tenant. Reference: Comm. 600.44 Intr. by: Ms. Kagiwada and Ms. Galimba Approve: FC-170 Motion to Approve: Ms. Kagiwada moved to pass Bill 104, Draft 6, on first reading and adopt Finance Committee Report No. 170. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: Motion to postpone this discussion till the July 24h meeting, please. We just are too burned out, I think, to have this big discussion, and Real Property Tax folks had to leave. Motion to Postpone: Ms. Kagiwada moved to postpone Bill 104, Draft 6, to July 24, 2024. Seconded by Ms. Galimba. CHR. KIMBALL: Any discussion on the postponement? Vice Chair Inaba. MR. INABA: I'm not going to be in support of postponement. I just can't see the billI brought this up before that I think this would harm rental supply, especially in my district. And I think I understand where the makers are coming from, but I'd rather take it up today. So, on the postponement, no. CHR. KIMBALL: Okay. Any further discussion on the postponement? MR. KANEALI`I-KLEINFELDER: Yup. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. Given some of the conversation from Bill 121 and on Monday, I think there's a tie-in here between what was Page 87 Hawaii County Council-43 July 10,2024 discussed between RPT, Real Property Tax, and Planning and some of the discrepancies in the way that we handle rentals between 180 and 30 days. So it might be worth, if you haven't already, unless I'm missing something,just run through this and look to see if there's a tie back to that discussion. Open to the postponement but I think there's something there. Thank you. CHR. KIMBALL: All right. Thank you, Council Member Kaneali`i-Kleinfelder. Anyone else on the postponement? Quickly, Council Member Kagiwada. MS. KAGIWADA: Just happy to discuss that, but I'd like to do it with Real Property Tax here because we've been in a lot of conversations with them and they're deeply involved. So, yes, I'm happy toI think we want to make sure that everybody understands. And to my other colleagues' comments, yes, I'd like to have this further discussion because I actually hope to showI think we hope to show that it actually does have a very strong bearing on West Hawaii. Anyway, hope we can postpone so we can have the right people here to answer questions. Thank you. CHR. KIMBALL: Thank you, Council Member Kagiwada. All right, on the postponement, all those in favor please say "aye." Mr. Clerk, a roll call please. Vote on Motion to The motion to postpone Bill 104, Draft 6, to July 24, 2024, Postpone: was carried by the following roll call vote: (Approved) Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —6. Noes: Council Member Inaba— 1. Absent: Council Members Lee Loy and Villegas —2. Excused: None. Bill 173: AMENDS CHAPTER 19, ARTICLE 7, SECTION 19-53 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY VALUATION; CONSIDERATIONS IN FIXING Lowers the cap on annual increases to the assessed value for properties in the Homeowner and Affordable Rental Housing tax classifications from three percent to two and a half percent. Reference: Comm. 904 Intr. by: Ms. Evans Negative: FC-171 (Due to a vote of 3-ayes, 4-noes, 2-absent) Motion to Approve: Ms. Evans moved to pass Bill 173 on first reading. Seconded by Mr. Inaba. Page 88 Hawaii County Council-43 July 10,2024 CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. What I was trying to do is basically what we do when we have the homeowner's exemption, and every year, there's an assessment on your home. And what we are doing is we have this 3 percent cap on how your taxes—if you got a homeowner's exemption, we have a 3 percent cap on how your taxes can be raised in a given year. So what I wanted to do was change the 3 percent to 2.5 percent. And the main reason for that is the housing prices are skyrocketing. The value of homes is just going over the top, and I really want to help our local residences on trying to manage this amazing inflation that is really making it unaffordable for us. So I just wanted to bring it forth to the body for discussion. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. And just for the to be expressly clear with the public and make sure there's no confusion, the 3 percent cap applies to the homeowner's class and not necessarily the exemption. People can get the exemption without being in the homeowner's class. MS. EVANS: Yeah, thank you. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I'll be tactful. I'm looking at the vote from last time and the membership here today. I have a thought for this. That's about as far as I can go. So, if you do go to the vote, it may not be back in front of us, but it depends on what you want to do. So just putting it out there to the maker. Thank you. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Anyone else on this item? All right, I'm going to just chime in real briefly and say what I said in the hearing in Committee, which was that we have made a number of significant changes to the Real Property Tax Code Chapter 19, that we don't know entirely how it will play out yet. I would like to see what the impacts are on revenues once those changes are implemented before considering this particular action. And the big one is having incorporated folks that are using either the ag dedication or the nondedicated program, allowing them to use the homeowner's tax class so that they'll have that cap as well as the rate that is provided at the homeowner's class. So, until we see that, I'm not in support of making this change at this time. So, with no further—yes, Council Member Kagiwada. MS. KAGIWADA: I apologize. I should have gone before you. I just want to kind of recap my thinking on this also, which is just I feel at this time we really need to be helping our most needy residents right now. And I believe that this helps our wealthiest residents more than it helps—it doesn't help our most needy Page 89 Hawaii County Council-43 July 10,2024 residents very much. So I would just prefer to look at something that would help folks who are really struggling at this point, as opposed to giving breaks to our wealthiest residents. Thanks. CHR. KIMBALL: Thank you. MS. EVANS: So I would like to, I guess, postpone to the—is it called "postpone to the call of the Chair"? Yeah, that'sI'm going to make a motion to postpone to the call of the Chair. It gives me time in case I want to bring it back. Thank you. Vote on Motion to Ms. Evans moved to postpone Bill 173 to the call of the Postpone: Chair. Seconded by Mr. Inaba and carried by the following (Approved) voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —7. Noes: None. Absent: Council Members Lee Loy and Villegas —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): (Note: Items in this category were taken up previously, out of order.) Bill 167: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-284, SCHEDULE 32 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO TWO-HOUR PARKING AREAS Restricts parking in marked stalls along Highway 240 between Kika Street and Ohelo Street in the Hamakua District to two hours, between the hours of 8:00 a.m. and 4:00 p.m., Monday through Saturday, excluding any observed holiday. Reference: Comm. 892 Intr. by: Ms. Lee Loy (B/R) First Reading: June 19, 2024 Motion to Approve: Mr. Inaba moved to pass Bill 167 on second and final reading. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. KIMBALL: I'll take the liberty to just express my mahalo to Department of Public Works for getting this established for us. This is in our district, and it is by the request of the community. So I'll ask for my colleagues' support. Any Page 90 Hawaii County Council-43 July 10,2024 further discussion on this item? Council Member Evans, I see your light on, but I think that was for the last item. All right. Seeing none, all those in favor please say "aye." Vote on Bill 167: The motion to pass Bill 167 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —7. Noes: None. Absent: Council Members Lee Loy and Villegas —2. Excused: None. 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 First Reading: June 5, 2024 Second Reading: June 19, 2024 2/3 Vote: Third of three required readings, Section 15-1(a), Hawai`i County Charter Motion to Approve: Ms. Kagiwada moved to pass Bill 168 on third and final reading. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: Thank you. Just looking for everybody's support. I think we heard a lot of good testimony on this, especially from people who have been involved in the Cost of Government Commission before. It just seems to make sense to really give them the time to do the job that we're asking them to do, and to shift the time frame to one that makes sense. I'll leave it to my colleague to add more. Thank you. CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Evans. Page 91 Hawaii County Council-43 July 10,2024 MS.. EVANS: There's members of the Cost of Government Commission that live in my district, and they've been very vocal about really feeling like the timing of it was off and that their work—they wanted to make sure that the work they did had enough time to actually determine if it would be incorporated by the current Administration. And they just felt that the timing was very off in terms of giving their recommendations and then seeing if they could work with Administration. So I think this is just a better timing in terms of them doing their work and feeling like their work could make a difference. So I ask for favorable support. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Anyone else, comments on this item? All right, seeing none, all those in favor please say "aye." Vote on Bill 168: The motion to pass Bill 168 on third and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball—7. Noes: None. Absent: Council Members Lee Loy and Villegas—2. Excused: None. OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There were none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) ADJOURN- There being no further business, Chair Kimball adjourned the meeting at 4:59 p.m. MENT: Council Approval: SEP 1 7 2O24 CO Y CL JH/dt Page 92