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HomeMy WebLinkAboutMIN COUNCIL 2024-08-21 2022-2024 Hawaii County Council 461h Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii August 21, 2024 INVOCATION: Pastor Scott Ast of Grace Kona Church gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 11:02 a.m., in the Council Chambers, Kailua-Kona, 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 (via videoconference from Hilo) Mr. Matt Kdneali`i-Kleinfelder, Member (via videoconference from Hilo) Ms. Ashley L. Kierkiewicz, Member(via videoconference from Hilo) Ms. Susan L. K. Lee Loy, Member (via videoconference from Hilo) Ms. Rebecca Villegas, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, County Clerk Jon Henricks led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions, MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (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-46 August 21,2024 John Powell: Bill 169, Draft 3 (Comm. 896.148), in opposition. (See Comm. 896.158) Joel Gimpel: Bill 169, Draft 3 (Comm. 896.148), in opposition. (representing Pualani (See Comm. 896.192) Estates Kona Homeowners Association) Cindy Freitas: Bill 169, Draft 3 (Comm. 896.148), in opposition. (See Comm. 896.190) Claire Loprinzi: Bill 169, Draft 3 (Comm. 896.148), in opposition. (See Comm. 896.209) Renee Robinson: Bill 169, Draft 3 (Comm. 896.148), in opposition. Rebecca Melendez: Bill 169, Draft 3 (Comm. 896.148), in opposition. (See Comm. 896.153) Janice Palma-Glennie: Bill 123, Draft 4 (Comm. 677.30), comment; Bill 169, Draft 3 (Comm. 896.148), in opposition; Bill 179, Draft 2 (Comm. 929.2), comment; and Bill 186 (Comm. 962), in opposition. Chuck Flaherty: Bill 123, Draft 4 (Comm. 677.30); and (representing Sierra Club Bill 169, Draft 3 (Comm. 896.148), in opposition. —Hawai`i Island Group) (See Comm. 677.37 and Comm. 896.154) Noelle Lindenmann: Bill 169, Draft 3 (Comm. 896.148), in opposition. (See Comm. 896.208) Nancy Pisicchio: Bill 169, Draft 3 (Comm. 896.148), in opposition. Claudia Rohr: Bill 123, Draft 4 (Comm. 677.30), comment. Chuck Flaherty: (Note: Due to technical difficulties experienced earlier, Mr. Flaherty was allowed to continue his testimony on Bill 123, Draft 4, and Bill 169, Draft 3.) Simmy McMichael: Bill 169, Draft 3 (Comm. 896.148), in opposition. (representing Pacific (See Comm. 896.212) Vibrations and West Hawaii Surfing Association) John Pelletier: Bill 169, Draft 3 (Comm. 896.148), in opposition. Page 2 Hawaii County Council-46 August 21,2024 Nelson Harano: Bill 123, Draft 4 (Comm. 677.30), in opposition. Janice Kerr: Bill 169, Draft 3 (Comm. 896.148), in opposition. (See Comm. 896.207) Janet Matlock: Bill 169, Draft 3 (Comm. 896.148), in opposition. (See Comm. 896.210) 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 June 5 and 19, 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: 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 3) the Chair: (COMM. 896.148): Diane Blancett-Maddock: In opposition. David Blancett-Maddock: In opposition. Page 3 Hawaii County Council-46 August 21,2024 Bill 169: AMENDS ORDINANCE NO. 02-131, WHICH AMENDED ORDINANCE (Draft 3) 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. 896.148 Intr. by: Mr. Inaba(B/R) Negative: LAAC-64 (Due to a vote of 4-ayes, 5-noes) Postponed: July 10, 2024 (Note: There is a motion by Mr. Inaba, seconded by Ms. Kierkiewicz, to pass Bill 169, Draft 2, as amended, on first reading.) ; and Comm. 896.149: From Deputy Planning Director Jeffrey W. Darrow, dated August 5, 2024, transmitting comments from the Kona Soil and Water Conservation District. ; and Comm. 896.150: From Council Member Villegas, dated August 5, 2024, transmitting a request to conduct a limited meeting pursuant to Section 92-3.1 of the Hawaii Revised Statutes. CHR. KIMBALL: Council Member Villegas. MS. VILLEGAS: I would like to move to convene a limited meeting, pursuant to Section 92-3.1 of Hawaii Revised Statutes and as described in Communication 896.150. Motion to Convene Ms. Villegas moved to convene a limited meeting in a Limited Meeting: regards to Bill 169, Draft 3. Seconded by Mr. Inaba. CHR. KIMBALL: Before we go into deliberations on the motion, we've had some conversation between the Clerk and I, as well as the Office of Information Page 4 Hawaii County Council-46 August 21,2024 Practices, about the proper procedure for something like this. Their advice was for us to vote on the motion made by Council Member Villegas. A motion to hold a limited meeting does require a two-thirds vote for support. What will happen is if there is a two-thirds vote for the limited meeting, the request will be put in with OIP (Office of Information Practices) to conduct that meeting and get their approval before we can conduct that meeting. So we will have deliberations about whether or not to hold the limited meeting. Again, the layout, the time frame, and the stops of the limited meeting that are proposed are in the communication. So I refer everyone to that. Council Member Villegas, go ahead. MS. VILLEGAS: Thank you, Chair, and thank you also to Clerk Henricks for your guys' support. This is not a common occurrence. It is for a site meeting and for opportunity for Council Members to actually see the property that we are deliberating over, and to get firsthand experience with the flood corridors that run through there. So what we put together is a communication asking for a site visit. We've gone round and round over the last month with the different dates, and this was brought forth as the best option to do this within all the necessary legal parameters. Thank you to the owners of the property that did provide permission for us to have access to the property, but on the advice of Corp. (Corporation) Counsel, it was advised that we actually visit the periphery of the property to avoid any potential liability issues. The vision of the site visit is to have all Council Members potentially all in a van with one another. We don't want to create any potential conflicts with Sunshine Law. We want to have everybody together. And decisions will be made on videoing that. We'll have minutes being taken and whatnot. We want full disclosure and complete transparency on this. But the vision is to depart the civic center probably around 3 or 3:30 p.m. at whatever day we can get a final determination from OIP, and head directly to the top of Lako Street, which is where the intersection of Lako and Hualalai Road connect, which is the starting point of one of the major flood corridors. And so that Council Members will be able to see the significance of the ravine that is there that feeds into the flood corridors that run through this property. Next stop would be at the north end of Liholiho Place, which is right off of Lako Street and takes you essentially to a perch that you can see over into the property where you can see the rock walls. Akua willing, we'll see some `io and pueo and the creatures and species that call that place their home. Then the third stop would be the north end of Kekuanaoa Place, which is actually a dead end and there is a gate. And so you can stand directly at the side of the property. And also right there is the flood corridor. So you can see where the Page 5 Hawaii County Council-46 August 21,2024 channelization has happened and where the water flows. And when she flows, she flows. And we may see her flow this weekend with the storm headed our way. Next would be to Stop 4, which would be at the culvert of the intersection of Kuakini Highway and Highway 11. I would like my Council Members and colleagues to see the size of the culvert that exists there, and the significance of the amount of water, that was built to have flow through it. And that does flow through it and floods the neighborhood below. Next would be the floodplain view from Kuakini Highway, which is the piece of property that the developer attempted to give to the County to build their affordable housing requirement, which is in fact all the flood corridor. Not a great place to build housing either. And Stop 6 would be the south end of Ho`omama, which is we would go up through Pualani Estates and go to the end of that first road there. And you will see the neighborhood there that was also originally built to be affordable housing, but through time and circumstance and the unfortunate lack of required affordable housing, it's all million-dollar homes now as well. But you would see and stop at the end of that road there, which is where the developer has proposed to create connection routes that would also have to go through another piece of property that sits between Pualani Estates and the Kona Three property. So just at theI want to make sure I'm being as thorough as possible. Okay. So I think CHR. KIMBALL: I'll let you summarize. MS. VILLEGAS: Yup. So I'm asking for the consideration of my colleagues. If I understood correctly, when we were first navigating this, all of you I believe, except one, had agreed to go on this site visit. This is a formality that we have to now bring forward a request for a special meeting to do so. So I ask for your support and your consideration for coming to the district I live in and represent, and physically seeing the place that your decision will directly affect. I yield. CHR. KIMBALL: Thank you, Council Member Villegas. All right, so we are on the motion to do a limited site visit. Council Member Evans. MS. EVANS: Thank you. Yeah, I always think more information is better. I like being informed. Recently, the planning commission was looking at a site that's very contentious up in Waimea, and when I went out to look at it, it gives you a different perspective when you're on the land, but also the relationship that it has to the neighbor lands. And I've always believed that we have to look at accumulative impacts. I think you have to look at when you put a development in an area, you need to understand the whole area. I've always believed that. So I Page 6 Hawaii County Council-46 August 21,2024 think it's a great idea and one that we may consider how we move forward as a Council through rulemaking or whatever, how this becomes more of a norm instead of an exception to the rule. The other thing that came to mind on this is we do have Google Earth and we do have videos and the ability to do something. And I don't know if it's possible to actually do some video when we're out there during our site visit, how OIP may be okay with us doing a video. We might want to ask them at the same time if that violatesI don't think it would violate Sunshine Law, but it would be nice to have a recording of what we see. It could possibly become a public record of what we see. I would like to see that. It's interesting to me, this idea of Sunshine Law. If we're all together and we're standing on the site and we're asking questions, making sure the questions are not leading questions because then we'd be violating Sunshine Law, is that—I'm pretty sure I'm correct in that. Corporation Counsel, would you come up for a minute? I just have to ask because it's kind of—Sunshine Law has always been a challenge for me because I don't— Point on'tPoint of CHR. KIMBALL: If I can just provide a point of clarification. Corporation Clarification: Counsel was engaged in these discussions as well. What we will have to be careful about during the limited meeting is avoiding any deliberation of the main motion, which is Bill 169. So that's one of the things that we will have to be cautious of during that limited meeting. MS. EVANS: Okay. So, Corporation Counsel,just one quick question onI just want some guidance and that is, will OIP or you provide guidance on questions we can and can't answer, because sometimes questions can be leading? (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Good morning. Elizabeth Strance, Corporation Counsel. Yes. We will work with OIP, and you will be provided guidance. MS. EVANS: We'll have guidance, okay. Thank you. I yield. CHR. KIMBALL: Thank you, Council Member Evans. Any further comments on the motion on the floor? Checking in in Hilo. MS. KAGIWADA: Yes, Chair. CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: Thank you. Very happy to get more information and go on this field trip to see exactly what's out there. Even though I voted with the Page 7 Hawaii County Council-46 August 21,2024 majority against this project, I do want to get as much information as possible. So I do appreciate this opportunity and will be supporting Council Member Villegas' proposal to get us out to the site. So thank you so much. I yield. CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I support the motion and I would ask—from our last meeting, it was said that there were some County assets within this parcel, and hopeful to understand DPW's (Department of Public Works')perspective where those are and possibly see them to see how that fits into the grand scheme of what's being proposed—if a possibility. If not, more than happy to walk the property and see what's going on and get a real-time view of the project as proposed. And thank you for bringing this forward, Ms. Villegas. CHR. KIMBALL: Thank you, Council Member. Any further discussion on the motion on the floor? Vice Chair Inaba. MR. INABA: Thank you. So are all of the stops required to be in this communication, and we're only allowed to stop at these stops? Or can we take up the suggestion Council Member Kaneali`i-Kleinfelder just shared? CHR. KIMBALL: I'm going to ask the Clerk to help me on this, but the recommendation I think in general is to provide OIP with as much detail as possible. They have actually been given a preview of this concept and the sites that we've identified, and they're aware that we're trying to accomplish this. I would suggest that it would probably be not recommended to change the route beyond the communication, as this provides that documentation of what we have voted on. But I would encourage the Clerk to provide his opinion. Again, we are in very much unchartered territory. As far as we are aware, this has not been done before. So we're figuring out as we go. Mr. Clerk, do you have any thoughts? MR. HENRICKS: It's most likely wise to restrict this to what has been presented in the communication because that was publicly noticed, and it's what was presented to OIP. And I also understood there were some concerns about actually being physically present on the subject parcels anyway. So I don't know if that factors into that part of the potential extension of this or expansion of this proposal from Ms. Villegas as well. And I'd just like to point out, too, there were some comments that were made earlier as far as Sunshine Law. This is a meeting. So you are within Sunshine Law. In fact,just in discussion, and we'll work together and be sure to do this in the clearest way possible that conforms with law, but as Ms. Villegas said, because it's a meeting and part of the meeting is the transport itself from the launch point through these various locations that have been identified in the Page 8 Hawaii County Council-46 August 21,2024 communication, it makes sense that everybody who's participating in this is in the same vehicle. Because, otherwise, you could argue that quorum has been broken because part of the meeting is the transport itself. So those are the things that at least I'm envisioning now how this would play out or be conducted,just to kind of give a little bit more. And then just before you call the vote, Chair, it does say in HRS (Hawai`i Revised Statutes) that what the Council's doing now at an open meeting discussing this, that the Council finds that the on-site inspection is necessary, which has been discussed, but also that public attendance is impractical. So we need to hear some comments perhaps from the Chair or somebody, that to include the public in this limited meeting would be impractical, is an important part of this process to make sure that we're following every component of Section 92-3.1. CHR. KIMBALL: Thank you, Mr. Clerk. I'm not sure if that answers your question completely, Vice Chair Inaba, but I would suggest that it would be possible to have a department representative available to at least indicate the location of the County easement from the vantage point. I believe at the top of the property we could probably identify that location. Again, we are not planning on accessing the property itself. Although the owners were willing to work with us to figure that out, we decided to avoid any liability issues. We would just view it from various vantage points of the public access. So back to you, Vice Chair Inaba. MR. INABA: Thank you. So regarding—I guess the County has interest within the subject parcel. Do we know if we are able to see those specific areas from any of the vantage points that we'll be observing on this tour, or whatever we're calling this? MS. VILLEGAS: Chair? CHR. KIMBALL: I'll ask you to respond to that, Council Member Villegas. MS. VILLEGAS: Sure. Thank you, Council Member Inaba. No. Other than and this is actually a point that I have been in communication with DPW Director Steve Pause about. I was hoping he could be here today because there are, in fact, discrepancies with the project and the two odd TMKs (tax map keys) that were created decades ago that don't actually even align with the flood corridors. So I believe that the Director's been in touch with the developer to try and get access to that and some clarification on where and how that lies. So that is something that I am following up specifically with DPW. Because I could see, and I appreciate Mr. Kaneali`i-Kleinfelder asking about that, as well as Mr. Inaba, that that is something I think, I can't say we would work on, but that I'm working on and trying to. And I would encourage you guys to reach out to Director Pause to ask him for guidance and a potential visit because I think that would add value Page 9 Hawaii County Council-46 August 21,2024 to all of our experiences. But that's kind of a whole other angle because of the uniqueness of those properties that are supposed to be owned by the County. But, yeah. So, clear as mud. Thank you. CHR. KIMBALL: Thank you. Back to you, Vice Chair Inaba. MR. INABA: I think a lot of the discussion that we've heard, both from the applicant and from community, do center around the floodplains, which the County has, I believe, four acres based on the real property tax information. And besides seeing where it all kind of comes down to and how big those culverts are, I think it does help us to better understand. And for myself, I'll be in support of this tour, but I am getting frustrated I think just as much if not more than those who have continued to come and testify on both sides of this application. And if we do end up doing this tour, I would hope that the Council can get it together and take a stand either way, then we can move forward with this. We continue to send everyone through the loop with this bill. So I'll be in support. Thank you. CHR. KIMBALL: Thank you, Vice Chair Inaba. Any further discussion on the limited meeting? Body? Seeing none, I will add,per the Clerk's request, we determined that given the route and our intention to do a site visit, we're probably going to be pulling over in some areas to shoulders along the roadway, presenting a hazard to the public if it were to be a fully public meeting. So our intention is to meet here first, take some public testimony,proceed on the route that was provided in the communication, and then come back here at the end. Again, we will take guidance from OIP about anything that needs to happen during the course of the limited meeting as far as videotaping, taking minutes, all of that to ensure that there is maximum transparency. We want to be very careful that we do this and get this right. So, with that, I will request I guess I'll just call for the vote. All those in favor of conducting a limited meeting MR. HENRICKS: I'm sorry, Madam Chair. Just before you do this, I wanted to clarify, too, that the vote is to convene the limited meeting, but it also states in HRS that two-thirds of all members to which the board is entitled vote to adopt the determinations required, as you discussed. So it's not just convening the meeting, but an "aye"vote adopts these determinations, which again we will forward to OIP. Thank you. CHR. KIMBALL: Do we need any revision to the motion? MR. HENRICKS: No. Page 10 Hawaii County Council-46 August 21,2024 CHR. KIMBALL: No. Okay. So just clarifying that an "aye"vote on this motion before us is an affirmation of the need to conduct the limited meeting. All those in favor, please say "aye." Vote on Motion to The motion to convene a limited meeting in regards to Convene a Limited Bill 169, Draft 3, was carried by the following voice vote: Meeting: (Approved) Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Since this now allows us to send the request to OIP to get their full guidance, we do not know when to expect that response. I'm going to request that we have a motion to postpone Bill 169 to the call of the Chair so that we can have that meeting first. Motion to Postpone: Ms. Villegas moved to postpone Bill 169, Draft 3,to the call of the Chair. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Villegas. MS. VILLEGAS: Once again,just want to thank those who helped us navigate this process. Apologies for those who would like to see this come to an end, this process. But as I am constantly reminded, this is the process. And my predecessors and mentors who fought for decades for pieces of land and community here put in the hard work and the time as well. And so this is when this now goes to OIP and we continue with their guidance because this is such a sensitive issue and unprecedented. We don't want there to be any reason or way for anyone to ever claim that due process wasn't followed to the letter of the law and every opportunity provided. I also want to thank Council Member Evans for bringing up that there's a lot of value in these kinds of experiences, and that perhaps there should be and could be a way for us to incorporate this into our practices as a Council because there are places I don't know well in other Council Members' districts. And that if they and their community were speaking so boldly, passionately, and courageously for or against something, it would be the responsibility, I feel, and part of my kuleana to visit that place. So thank you all for your patience. We will remain waiting for a response from OIP and then go forward based on their recommendations. So thank you again for everybody that's been here. I've been here for decades and we're not going anywhere. So I yield. Page 11 Hawaii County Council-46 August 21,2024 CHR. KIMBALL: Thank you. I think Vice Chair Inaba, then I'll come to you, Council Member Evans. Vice Chair Inaba. MR. INABA: Thank you. In light of the postponement that's on the floor, I guess I would ask the applicants in the meantime to really consider areas that this request could be improved, specifically around affordable housing. Because depending on how the site visit goes and what the direction of the group is later, I think there is a lot of room for improvement in what's being requested and what could be done. So take this time and use it wisely. Thank you. CHR. KIMBALL: Thank you, Vice Chair Inaba. Council Member Evans. MS. EVANS: To the motion on the floor, I would prefer it be withdrawn and let us have maybe 10, 15, 20 minutes to the people came here today and testified, and I think there's questions and input and thoughts that were shared. I would love to have a little dialogue with the community if you'd be willing. CHR. KIMBALL: All right, thank you. Any further discussion on the motion to postpone to the call of the Chair? Seeing none, the motion on the floor is to postpone to the call of the Chair. We'll do a roll call on that. MS. VILLEGAS: Can I withdraw that? Do you have to take a vote on it first? CHR. KIMBALL: You can withdraw it or we can take the vote on it. I would suggest the latter and just vote on it but your call. You are the maker of the motion. MS. VILLEGAS: I'm going to let it stand for today because I'm so damn relieved already. CHR. KIMBALL: I'm sorry. What did you say? We will proceed with the vote. Roll call, please, Mr. Clerk. Vote on Motion to The motion to postpone Bill 169, Draft 3, to the call of the Postpone: Chair was carried by the following roll call vote: (Approved) Ayes: Council Members Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—8. Noes: Council Member Evans — 1. Absent: None. Excused: None. CHR. KIMBALL: With that, Bill 169, Draft 3, is postponed to the call of the Chair. I also want to mahalo everybody for their attendance and participation Page 12 Hawaii County Council-46 August 21,2024 today. I realize it can be frustrating that we are slow and we take a long time to do things sometimes. Trust me; you want that. You want us to do our j ob and be very careful and deliberative about what we do. Okay. Bill 144: AMENDS CHAPTER 14 AND CHAPTER 25 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO APIARIES AND BEEKEEPING Establishes generally accepted apiary management practices and adds apiaries as permitted uses in seventeen zoning district classifications, including all Residential and Agricultural zoning districts, the Resort-Hotel district, all Commercial districts, all Industrial districts, the Open district, and the Downtown Hilo Commercial District, to promote beekeeping. Reference: Comm. 786 Intr. by: Ms. Kierkiewicz Approve: PCHSW-15 (Note: Comm. 786.41, from Council Member Ashley L. Kierkiewicz dated August 21, 2024, transmitting proposed amendments to Bill 144 was circulated.) Motion to Approve: Ms. Kierkiewicz moved to pass Bill 144 on first reading and adopt Policy Committee on Health, Safety, and Well- Being Committee Report No. 15. Seconded by Ms. Kagiwada. Motion to Amend: Ms. Kierkiewicz moved to amend Bill 144 with the contents of Comm. 786.41. Seconded by Ms. Lee Loy. CHR. KIMBALL: Go ahead, Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I'm putting forward a series of amendments in this communication that I hope brings clarification, based on feedback by this body and members of the community when it was heard in Committee. The first set in Section 1 is related to definitions. And for clarity's sake, I removed the mention of Africanized bees from diseases,just so that there is clarity on what is meant for each of those. I've also provided additional clarity around what the meaning of a hive is. In Section 2, Chair, you requested that within the best management practices, when we are encouraging the planting of flowers and other species, that we encourage the planting of non-invasive species. So, added that there. There was also a testifier that brought up that oftentimes beekeepers use a smoker as part of calming bees during a hive inspection. So, wanted to elevate that in the best management practices and ensure that we are encouraging folks to be sure that they are completely extinguishing that smoker following the use of it. Page 13 Hawaii County Council-46 August 21,2024 And then, finally, sometimes there are neighborly issues. We want to encourage that folks are able to handle themselves in a very civil manner. And so again, those are updates to the best management practices section. Section 3 is related to nuisances, providing a little bit more clarity around when folks should file a complaint and to which entity. We also want to encourage that if anybody detects Africanized honeybees here, to report that immediately to the State Department of Agriculture. We currently do not have any of that, but it's something that we want to keep a watchful eye on. And then, finally, in Section 4, I believe Vice Chair Inaba had wanted to ensure that we were maintaining the same sort of vocabulary across sections. So, changing "managed"to "maintained." I believe I captured everyone's mana`o. Appreciate everyone's support on this housekeeping measure. Thank you, Chair. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Any other discussion on the motion to amend Bill 144? Vice Chair Inaba. MR. INABA: Just a quick question regarding the definition for "hive." It says a container or receptacle housing a honeybee colony and includes movable frame structures to facilitate the colony's development. Just for the sake of making sure it's correct: So all hives have movable frame structures? I just don't want— MS. antMS. KIERKIEWICZ: Chair, if I might? CHR. KIMBALL: You may respond. MS. KIERKIEWICZ: Yes, there are movable frame structures within a container. MR. INABA: Are there any such containers that don't have movable frame structures? MS. KIERKIEWICZ: Council Member Inaba, I'm not aware. Again, I'm providing a definition around what the practices are for an apiary where bees are intentionally managed. MR. INABA: Okay. Perhaps we can have somebody they're probably following along. I just want to make sure that we're not misdefining. Because if there are hives or these types of receptacles that do not have movable frame structures, I just want to make sure that our definitions are in line with the practice. So, hopefully they can provide, at the next hearing, confirmation of that but I'll be in support. Thank you, Council Member Kierkiewicz. Page 14 Hawaii County Council-46 August 21,2024 MS. KIERKIEWICZ: Thank you and if I could just assuage any concerns, I did have members of the Department of Agriculture and our Big Island Beekeeping Association community review these changes before I had put them forward with LRB (Legislative Research Branch). Thank you, Chair. CHR. KIMBALL: Thank you. Council Member Galimba. MS. GALIMBA: Thanks and thank you for these amendments, capturing some of the feedback. And to respond to that question about movable frame structures, I do believe there are some sort of very old fashioned hive arrangements that don't. And so I do appreciate this amendment because it does allow for more diversity of practices and having hives. Thanks. CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in favor of amending Bill 144 with the contents of Communication 786.41, please say "aye." Vote on Motion to The motion to amend Bill 144 with the contents of Amend: Comm. 786.41 was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Vote on Bill 144: The motion to pass Bill 144, as amended to Draft 2, on first Draft 2 reading and adopt Policy Committee on Health, Safety, and (Approved) Well-Being Committee Report No. 15 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Page 15 Hawaii County Council-46 August 21,2024 Bill 186: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-280, SCHEDULE 28 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO NO PARKING AT ANYTIME Prohibits parking alongside two portions of Kalapana-Kapoho Beach Road from (1) a point 320 feet southwest of Pohoiki Road and extending 165 feet in the southwesterly direction; and (2) 693 feet southwest of Pohoiki Road and extending 241 feet in the southwesterly direction. Reference: Comm. 962 Intr. by: Ms. Kierkiewicz Approve: PCIA-11 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 186 on first reading and adopt Policy Committee on Infrastructure and Assets Committee Report No. 11. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. I really appreciate my colleagues' continued support on this particular measure. No parking signs were installed, and this particular project was a collaboration between Public Works and `ohana in the Pohoiki area. They were experiencing a lot of folks that were unintentionally sort of blocking their driveway to access the really beautiful ocean in that particular `aina. And so this just ensures that people are very clear on where they should and should not be parking. Looking for everyone's continued support. Thank you, Chair. CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in favor of adopting Bill 186 at first reading,please say "aye." Vote on Bill 186: The motion to pass Bill 186 on first reading and adopt (Approved) Policy Committee on Infrastructure and Assets Committee Report No. 11 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Return to Order The Chair directed the Council to return to the order of business. of Business: ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Page 16 Hawaii County Council-46 August 21,2024 Res. 562-24: AUTHORIZES THE MAYOR TO ENTER INTO A MULTI-YEAR (Draft 2) AGREEMENT WITH HAWAII ISLAND EV, LLC, TO REPLACE HAWAII COUNTY SHARED-USE ELECTRIC VEHICLES Authorizes the Mayor to enter into a ten-year lease agreement with an approximate monthly cost of$7,200, to replace the County's disposed shared-use electric vehicle fleet with seven new electric vehicles. Reference: Comm. 943.11 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-180 (Note: The following proposed amendments to Res. 562-24, Draft 2, were circulated: 1) Comm. 943.12, from Council Chair Heather L. Kimball dated August 20, 2024; and 2) Comm. 943.13, from Council Member Ashley L. Kierkiewicz dated August 21, 2024.) Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 562-24, Draft 2, and Finance Committee Report No. 180. Seconded by Ms. Lee Loy. CHR. KIMBALL: I believe we have a couple of amendments. Council Member Kierkiewicz, I'm going to ask you to make both of them. If you wouldn't mind making the one that was introduced by my office, which is the simple correction of the `okina. MS. KIERKIEWICZ: Sure, Chair. I'll go ahead and start with yours. It was transmitted first. Motion to Amend: Ms. Kierkiewicz moved to amend Res. 562-24, Draft 2, with the contents of Comm. 943.12. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. This removes the `okina from the word Hawaii, where Hawaii Island EV, LLC, is mentioned. Wanted to ensure that the actual name of the LLC (limited liability company) was correctly reflected in this agreement. Housekeeping measure. Thanks for catching that, Chair. I yield. CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in favor please say "aye." Page 17 Hawaii County Council-46 August 21,2024 Vote on Motion to The motion to amend Res. 562-24, Draft 2, with the Amend: contents of Comm. 943.12 was carried by the following (Approved) voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. CHR. KIMBALL: May I have a motion to suspend Rule 23? MR. HENRICKS: Madam Chair, for this one no need because this is one of those rare, truly typographical corrections. CHR. KIMBALL: Hurray. MR. HENRICKS: Clearly typographical. CHR. KIMBALL: Hurray. All right. MR. HENRICKS: So, on the next one, if this one goes through, then CHR. KIMBALL: Fantastic. Love it when we can skip that step. All right, Council Member Kierkiewicz, next amendment, please. Motion to Amend: Ms. Kierkiewicz moved to amend Res. 562-24, Draft 2, with the contents of Comm. 943.13. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. At our Finance Committee meeting where we first heard this resolution and presentation, we had a very robust discussion on workforce development within the County as it relates to grain industries and the electrification of our transportation system. Both the Department of Research and Development and Noel Morin with Hawaii Island Electric Vehicles did agree to the importance of figuring out what that workforce development piece within the County would look like. So with Director Adams' support, I'm putting forward an amendment that requests that they prepare a workforce development opportunity report that also identifies the kinds of resources needed to support electric vehicle maintenance within the County, and that this report be presented to the Council no later than Page 18 Hawaii County Council-46 August 21,2024 18 months after the execution of the agreement. I see that Director Adams has joined us, so just want to confirm that you see this as a friendly amendment, and this provides you and the vendor with enough time to complete this request. (Note: At this time, Research and Development Director Douglass Adams came forward to address the members of the Council.) MR. ADAMS: Thank you, Council Member. My only problem with the amendment is that I wish I had the idea first. It's a very good amendment. MS. KIERKIEWICZ: Happy to collaborate. Mahalo nui for your support of this. Looking for everyone's favorable support of this amendment. Chair, I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Any further discussion on the amendment? Seeing none, all those in favor please say "aye." Vote on Motion to The motion to amend Res. 562-24, Draft 2, with the Amend: contents of Comm. 943.13 was carried by the following (Approved) voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Vote on Motion to Mr. Inaba moved to suspend Council Rule 23 to waive the Suspend Council holdover for the substantive amendment of Res. 562-24, Rules: Draft 2. Seconded by Ms. Galimba and carried by the (Approved) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Page 19 Hawaii County Council-46 August 21,2024 Vote on Res. 562-24: The motion to adopt Res. 562-24, Draft 2, as amended to Draft 3 Draft 3, and Finance Committee Report No. 180 was (Adopted) carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Res. 573-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII AIRPORT RESCUE FIREFIGHTING UNIT (ARFF) PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR MUTUAL ASSISTANCE WITH THE HAWAII FIRE DEPARTMENT IN A FIRE EMERGENCY Seeks to enter into a Memorandum of Agreement to facilitate joint recruit classes between the Hawaii Fire Department and State Airport Rescue Firefighters and clarify their roles regarding firefighter recruit training. Reference: Comm. 961 Intr. by: Ms. Evans (B/R) Approve: GOEAC-148 Motion to Approve: Ms. Evans moved to adopt Res. 573-24 and Governmental Operations and External Affairs Committee Report No. 148. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Evans. MS. EVANS: In Committee, we had a really good discussion on this. I hope that you support it and we move it forward. If you wish to have more discussion but otherwise, I'm good to go. Thanks. CHR. KIMBALL: Thank you, Council Member. We do have HFD (Hawai`i Fire Department). Any further discussion from the body? Seeing none, all those in favor please say "aye." Page 20 Hawaii County Council-46 August 21,2024 Vote on Res. 573-24: The motion to adopt Res. 573-24 and Governmental (Adopted) Operations and External Affairs Committee Report No. 148 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Res. 574-24: 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$2,100,000 in federally-derived funds, which would be used by the Department of Research and Development to assist adults, dislocated workers, and youths by providing services that will train individuals to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 963 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-181 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 574-24 and Finance Committee Report No. 181. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Thank you, Chair. We have had Mr. Mercado here waiting patiently for the last few hours. So I'd like to give him a chance to say whatever he needs to say. Go ahead when you're ready. (Note: At this time, Economic Development Specialist Clinton Mercado, Research and Development Department, came forward to address the members of the Council.) MR. MERCADO: Thank you very much. I appreciate it. We're looking forward to the resolution, an amendment to our workforce development bill. I think it's an amazing program, and it'll benefit a lot of our community, our people, our place here on the island. So this is a proactive measure for 2024 so that we're ahead of the game when it comes to when our fiscal year is ending in 2025. So thank you. I'm open for any questions, Council Members. Page 21 Hawaii County Council-46 August 21,2024 MR. KANEALI`I-KLEINFELDER: Awesome. Thank you very much. Thank you for being here as well, Director Adams. I see you online. I appreciate your time. Chair, I yield. CHR. KIMBALL: Thank you, Council Member. Council Member Evans. MS. EVANS: Mr. Mercado, I have a question. How do you see this dispersed around the island, more specifically in North Hawaii? MR. MERCADO: As far as the fundings go, Council Member? MS. EVANS: Yes. How will it get used in North Hawaii? MR. MERCADO: Would you like me to answer that, Director Doug? So, basically, the fundings are to support in-school and out-of-school youth, adults, and dislocated workers. So, currently, we have the American Job Center in Hilo where we take care of those services and what we're looking at doing. Currently, Goodwill also service people out in the Kona side as well. So what we're looking at doing is expanding our American Job Center to the Kona side of the island to better serve our community out there. In the process of the distribution of all this money,we're looking at doing more outreach. So we can continue to spread the words of the resources and the benefits to the people throughout our island. MS. EVANS: At one time in Honoka`a, I believe it was Representative Takamine who set up, or maybe once a week or, I don't know how often, maybe once every other week. This type of program was they would come out—"they" being whoever does all this programming—would come out and set up for the day, so it would give access to the local community, to these programs. And I'm wondering if you could please put some effort into the outreach into North Hawaii. And maybe in the future kind of work with the State librarian or whatever it is to get a space where you show up, even if it's just once a month, and provide this capability for folks up in the North Hawaii area. The people that need it, which are dislocated workers or youth, probably do not have transportation to get to Hilo or to Kona, unless you use one of the things, because Doug Adams is here, maybe you can set it up and do like a distance learning on Zoom and kind of set it up that way where they connect with your folks in Kona and Hilo by using online. MR. MERCADO: Absolutely. So that's in collaboration with a lot of our nonprofit and our different government sectors. But we're looking at visiting various hubs throughout the island. For instance, Kumukahi is very active with being at the library and various places throughout the island, promoting what they do. So we've been in partnership with them as well to share the table and set up Page 22 Hawaii County Council-46 August 21,2024 our resources throughout the week at different locations. So it's in the process right now of collaborating with those various resources. We can reach out to, not just North Hawaii, but throughout the island. And, yes, transportation, really around this big island, that's one of the biggest issues. So that's one of the things, instead of having them come to us, we want to go out to them. So that's what we're that's the plan, anyways, moving forward. MS. EVANS: All right. Thank you. I know we love to have reports. Hopefully, you'll keep us in the loop without us making it official. Keep us in the loop. MR. MERCADO: Absolutely. MS. EVANS: And hope to see you out there. We look forward to seeing you out there. Thank you. MR. MERCADO: Absolutely. Thank you, Council Member. MS. EVANS: I yield. CHR. KIMBALL: Thank you, Council Member Evans. Any further discussion from folks in Hilo? All right, seeing none, all those in favor of adopting Resolution 574-24, please say "aye." Vote on Res. 574-24: The motion to adopt Res. 574-24 and Finance Committee (Adopted) Report No. 181 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order: Page 23 Hawaii County Council-46 August 21,2024 Bill 187: 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 & Opportunity Act(WIOA) account($2,100,000); and appropriates the same to the following 2024-2025 WIOA accounts: Administration/Planning ($200,000); Adult Program ($800,000); Dislocated Worker Program ($350,000); and Youth Program ($750,000). Funds would be used by the Department of Research and Development to assist adults, dislocated workers, and youths by providing services that will train individuals to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 963 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-182 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 187 on first reading and adopt Finance Committee Report No. 182. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Thank you, Chair. I think we've had more than adequate conversation, and I look forward to everyone's support. CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Bill 187: The motion to pass Bill 187 on first reading and adopt (Approved) Finance Committee Report No. 182 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. CHR. KIMBALL: Thank you, Director, for being here. MR. MERCADO: Thank you, Council Members. Greatly appreciate all your support. CHR. KIMBALL: Thank you, Mr. Mercado. Page 24 Hawaii County Council-46 August 21,2024 Res. 587-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE AUTOMATIC POSTAGE MACHINE FOR THE POLICE DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$162, to be used by the department's Hilo office. Reference: Comm. 982 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 587-24. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: This is a fairly straightforward resolution for an automatic postage machine for HPD (Hawai`i Police Department). I did want to recognize that Desiree Gomes was here for the first few hours this morning but left around noon. I can't find her anywhere, and unless there's any questions from the Council, I don't think she needs to come back. But if there are questions, I'm more than happy to postpone this to the next meeting. Thank you. CHR. KIMBALL: Thank you, Council Member. Any discussion on this matter? Seeing none, all those in favor please say "aye." Vote on Res. 587-24: The motion to adopt Res. 587-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Res. 588-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTIFUNCTION PRINTER FOR THE POLICE DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$162, to be used by the Chief's office staff in Hilo. Reference: Comm. 983 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Page 25 Hawaii County Council-46 August 21,2024 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 588-24. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Similar circumstances to Resolution 587-24. Look forward to everyone's support. Thank you. CHR. KIMBALL: Thank you. Any further discussion by the body on this matter? Seeing none, all those in favor please say "aye." Vote on Res. 588-24: The motion to adopt Res. 588-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, and Chair Kimball —7. Noes: None. Absent: Council Members Kierkiewicz and Villegas —2. Excused: None. CHR. KIMBALL: We will take a ten-minute recess at this time and reconvene at 1:15. We are in recess. Thank you. Recess: At 1:04 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 1:16 p.m. Relinquish Chair: At this time, Chair Kimball relinquished the chair to Acting Chair Inaba. Bill 123: AMENDS CHAPTER 19, ARTICLE 1 AND ARTICLE 13, CHAPTER 23, (Draft 4) ARTICLE 9, AND CHAPTER 2, ARTICLE 1, ARTICLE 2, ARTICLE 5, AND ARTICLE 6, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO OHANA DWELLING UNITS Removes each instance of the term "ohana dwelling" from the County Code and inserts the term "accessory dwelling unit", and adds provisions for the establishment of an accessory dwelling unit. Reference: Comm. 677.30 Intr. by: Ms. Kimball and Ms. Kierkiewicz Approve: PCPLUD-12 (Note: Comm. 677.3 1, from Council Chair Heather L. Kimball dated August 19, 2024, transmitting proposed amendments to Bill 123, Draft 4, was circulated.) Page 26 Hawaii County Council-46 August 21,2024 Motion to Approve: Ms. Kimball moved to pass Bill 123, Draft 4, on first reading and adopt Policy Committee on Planning, Land Use, and Development Committee Report No. 12. Seconded by Ms. Galimba. MS. KIMBALL: Thank you, Vice Chair Inaba. We've had quite a bit of discussion in Committee with regards to this bill just because it continues to be a point of confusion. One of the testifiers was referring to this as well. This does not apply to State Land Use agricultural properties. It only applies to urban or areas that are rural. Of course, we have a very limited number of rural parcels in this County, but State Land Use ag (agriculture) is guided by HRS 205-4.5, which means they will be developing additional farm dwellings which is a completely different set of requirements. The second thing just to note is that although the four is the upper limit, there are other constraints, including wastewater setbacks, parking requirements, things like that that would kind of provide some restrictions. Those are not superseded by the ability to do four. So you do still have to meet those. You don't just get four. You have to also be able to fit it with those other constraints. So, before we go into further deliberation, I did have, at the request of the department, one sort of corrective amendment, which is contained in Communication 677.31. Motion to Amend: Ms. Kimball moved to amend Bill 123, Draft 4, with the contents of Comm. 677.31. Seconded by Ms. Galimba. MS. KIMBALL: On the amendment,just some clarification. The way it was worded before, it could have been interpreted that this was not permitted on properties where an individual wastewater system was permitted per Department of Health. So we kind of tweaked the wording a little bit to clarify that there has to be some wastewater that is approved by the agencies that approves wastewater on the site. That would include public sewer system, private sewer system, or individual wastewater system depending on what was approved for that particular location, either via Code or DEM (Department of Environmental Management) or Department of Health. So just clarifying that. Happy to take questions. ACTING CHR. INABA: On the amendment, any discussion? Council Member Evans. MS. EVANS: No. I appreciate the amendment. Thank you. I yield. ACTING CHR. INABA: All right, all those in favor of amending Bill 123 with the contents of Communication 677.3 1, please say "aye." Page 27 Hawaii County Council-46 August 21,2024 Vote on Motion to The motion to amend Bill 123, Draft 4, with the contents of Amend: Comm. 677.31 was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Lee Loy, and Acting Chair Inaba–7. Noes: None. Absent: Council Members Kierkiewicz and Villegas –2. Excused: None. ACTING CHR. INABA: Back to the main motion. Bill 123, as amended. MS. KIMBALL: Thank you. So just wanting my colleagues' continued support. I think this has really turned into a nice bill package that will encourage density where we want to see density, and reduce, obviously, the amount of sprawl we can see in some of our underserved areas as far as infrastructure is concerned. I still do want to propose some language around the parking requirement. I did not have the opportunity to connect with Katie Rooney from Ulupono (Initiative), who I think is best to advise on the language about that. But perhaps by second reading, I know we don't usually want to amend at that stage, but I'd like to see this go forward. If anything, there might be a change to the parking requirements based on proximity to multimodal transportation, which we discussed about last hearing. But looking for my colleagues' support to continue moving this legislation. Thank you. ACTING CHR. INABA: Council Member Evans, on the main motion. MS. EVANS: The motion is the ACTING CHR. INABA: Support Bill 123, as amended—is to approve, excuse me, Bill 123, as amended. First reading. MS. EVANS: Draft 4, as amended. ACTING CHR. INABA: Yes. MS. EVANS: We had testimony on it today, and it kind of resonated with me a couple—and since we've had this bill in play, I've talked to other Council Members on other islands. And people are really trying to wrap their head around what the State Legislature did. And I think they all like the idea of density, but everybody's thinking about it very differently. I know Kauai is looking at accessory dwelling units of not more than 800 square feet in terms of living area. Honolulu is looking at the idea of really focusing on `ohana and keeping the `ohana spirit going. And even if you do accessory Page 28 Hawaii County Council-46 August 21,2024 dwelling units, they want to make sure that there is also `ohana units. So they're looking at how to that interplay between `ohana,which is for the family, versus accessory dwelling unit, which could be long-term rental possibly. Depending on the area it's in, short-term rental. And so, when I look at this, and when you were talking about it, what you mentioned isI'm looking at, its accessory dwelling unit will be permitted in rural RS, RD, RA, FA ag, and A which is ag. And so I think about some of the testimony again, about can we keep the `ohana spirit alive. Do we really have to take `ohana out of this? And the other thing is we're moving pretty fast on this. And if we go back to what happened with the ag, kind of the ag assessment bill isn't what we're doing. I'm just wondering if we're moving this too fast, and it's okay to slow down a little bit and think about it. I do think where we're at in the draft is good. I think we keep evolving it into something, but I'm still wondering what the real outcome is going to be. I still have concerns about 1,200 square foot living area. I also, for me personally, have concerns about we're going to allow the height, which is according to the Zoning Code versus the height based on what is currently on property. So I'm thinking of a neighborhood—let's say you have a neighborhood, kind of a"what if' scenario, and you have this really nice single-story home. And all of a sudden in the backyard, they build a two-story, which is within ten feet of the property line, looking down on the next-door neighbors. So you're looking at it standing back from the road, and you're seeing this building behind it higher. And then it's in this neighborhood. It's kind of odd because it might be the only one that's two-story in terms of these adjacent properties. So I'm not sure about the height thing yet. I'm still considering that. I've been thinking about it since we ever did this. Personally, I just wish we would not feel like we have to get this across the finish line. Like I said, the testimony today, it continues to make me consider how to improve this. So, anyway, that's where I'm at on it. I'd like not to move it forward today. Thank you, I yield. ACTING CHR. INABA: Thank you, Council Member Evans. Council Member Villegas. MS. VILLEGAS: I share those concerns. After we left our last meeting, it was really hitting me as well that they could build up to three ADUs (accessory dwelling units). Once could be a short-term vacation rental, and they could all be 1,250 square feet, not including garage, lanai. And I feel like there are unintended consequences aligned with this. Page 29 Hawaii County Council-46 August 21,2024 I also feel that I like going back to the first time I believe we talked about this. One of the recommendations from Council Member Inaba was one ADU. And I feel like starting with one ADU on a piece of property is more manageable, and then it could be increased. You're already looking at doubling. But quadrupling seems unwise at this time. I struggle with the nature, the sense of place, and the capacity of our island. And so I do honor Council Member Kimball's intentionality for solving some of these housing things and for trying to navigate an issue that's being navigated by all the different counties, especially based on their unique circumstances. I feel like this is too big, too much, and too fast for a lot of the things that we're pushing through. And you are incredibly capable and incredibly detail-oriented with the number of things you put together. So I trust your intentionality and what you've put together with this, but I do have concerns about what this does to Hawaii as a County and what this could do to District 7, quite frankly. I'm just feeling unsettled and it sets us up for disaster or unintended consequences. So I won't be supporting this today. I would ask that you get those parking amendments, and we leave it in first reading, and we make any and all amendments here in first reading before bringing it to second reading. Just my humble request, and with that I yield. ACTING CHR. INABA: Checking over in Hilo. Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. Thanks. I'll be supporting this moving forward. I was not supportive of the change we made to allow transient accommodation in one of the units, but overall, I think we need to do this. We need to make a plan in our County, as the State is kind of guiding us to do. And I think this is a good one for density in the urban areas. I don't foresee us being out of control or anything because there are so many other limitations around what can be built on any given property around sewer and water and parking and setbacks and everything. So I really do want to see some movement going forward so we can start to build that density and try to keep fighting against sprawl. So I will be supporting. Thank you. ACTING CHR. INABA: Anyone else in Hilo? Council Member Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair Inaba. I support the ADU discussion and the bill. It has some unique tie-ins to Bill 121 as well. I do have concerns about where we left off. Is the Planning Director in? Yes. Boom, there he is like magic. Thank you, Mr. Kern. (Note: At this time, Planning Director Zendo Kern came forward to address the members of the Council.) Page 30 Hawaii County Council-46 August 21,2024 MR. KERN: Aloha, Chair and members. Zendo Kern, Planning Director. MR. KANEALI`I-KLEINFELDER: Thank you, Director, for being on today. I want to simplify my question down to hopefully one to two questions. Where we have added in the maximum number of ADUs under density limit, what types of parcels would be able to build up to the maximum, being four buildings per site: the primary residence and then three additional ADUs? That's kind of summarizing (Section) 25-6-36, the density limit. MR. KERN: Yeah, sure. So the zoning districts that are outlined within the bill currently, right. At the beginning of the bill, it specifies which zoning districts this would apply to. MR. KANEALI`I-KLEINFELDER: Correct. MR. KERN: So if it's within those zoning districts, then that density would be allowed. The caveat or the challenge we have on the Big Island is what Council Chair Kimball mentioned earlier, is about the State Land Use ag side of it. So you can have County zoning ag, and the underlying could actually be State Land Use urban or rural, which means that the actual use should be urban or rural—very little of that—but that's where you'll have that nuance. Otherwise, it would be allowed in those zoning districts, unless it was State Land Use agriculture, which would apply to the A zoning district or the FA, family ag, zoning district. MR. KANEALI`I-KLEINFELDER: Okay, so then all of the other districts, as long as they're not sitting in a State Land Use ag district. Any of the State/County zonings of RA, FA. MR. KERN: And the State Land Use on those would be urban or rural. We have very little rural on the entire island, about 803 acres. So where you're going to find 99 percent of those are going to be in the State Land Use urban district, which State Land Use urban district would then say that's where you'd want that density to be. That's where you'd be looking for the multifamily. So it's very supportive of that type of density. MR. KANEALI`I-KLEINFELDER: Okay, that's kind of what I was getting at. So we're not going to let thisI mean, the ADUs wouldn't be popping up in upper portions of Puna or in portions of Paradise Park, or rural parts of our County unless they were in a State Land Use urban zone that had been created already. MR. KERN: Correct. Or rural, yeah. So kind of the concern about the proliferation of sprawl based on that is really squashed by the fact that most of the outlying areas are State Land Use ag. And we have about maybe 3 percent of the Page 31 Hawaii County Council-46 August 21,2024 entire island in State Land Use urban, and that mainly is around all of our town areas: Hilo Proper, Waimea Proper, Kona Proper. That's where you're going to find that urban State Land Use, which would be where that density would go. So along like, say, Puna, Hamakua, South Kona, a lot of that State Land Use ag. So there wouldn't actually have that density. If you look at additional farm dwellings that do that, where the person would have to try to come through for a State Land Use boundary amendment, which would make its way to the County Council for approval on that before that would be potentially changed. MR. KANEALI`I-KLEINFELDER: Okay, are there any State Land Use boundary adjustments being heard right now for our island? Or in the works right now? MR. KERN: If there are, they're pretty small and they'd be coming through you folks, that I'm aware of. I know there's a couple rezonings, State Land Use, that are coming through for like an affordable project of less than 15 acres. That would be coming to Council for approval prior to that. On the State Land Use Commission, which would be taking care of things over the 15 acres, I'm not aware of anything big on their docket at this time. MR. KANEALI`I-KLEINFELDER: Okay, thank you. MR. KERN: And if there were, it has to be consistent with the General Plan and the community development plans, which are also going to show this is where we want that urban density, right. So if it's inconsistent, you're not going to get those changes outside of that. MR. KANEALI`I-KLEINFELDER: Okay. That is very helpful and I appreciate your thoughts. That helps me make my decision. So, with that being said, the fear that we may be enabling a massive amount of ADUs, to me, is less. I wouldn't say gone completely, but I would say less, to my fellow Council Members, because these are relatively smaller areas and this is the area where the density is going to be ableI'm sorry, the infrastructure will be able to support the density. So I'll be supporting this moving forward. I am open, though, to different amendments that may come forward by Council Members,just in seeing what they hone in as being right for more urban areas, which is not my district at all. So I look forward to the discussion and thank you, Chair. Thank you, Director. ACTING CHR. INABA: Thank you, Mr. Kaneali`i-Kleinfelder. Any other discussion in Hilo? MS. LEE LOY: Sure. Just in support, Chair. Page 32 Hawaii County Council-46 August 21,2024 ACTING CHR. INABA: Go ahead, Council Member Lee Loy. MS. LEE LOY: Thank you so much. Yeah, similar to what my colleagues say. There's this macro micro look that we take when we're doing land use. And this bill actually really begins to kind of shape in that focus. And to my colleagues' points earlier, this is where the infrastructure is. There'll be other limiting factors like water, like sewer. And so, along the way, certain things will begin to take care of itself, which will limit that sprawl that's of concern. Thank you, Ms. Kimball, for advancing this. I did have one question,just because it popped up in our email, to the Director. The Legislature recently passed Act 17 that limited ADUs, and then as a use as a TAR (transient accommodation rental). Director? MR. KERN: Do you remember what Senate bill that was? MS. LEE LOY: Hang on one second. Let's see. MR. KERN: Not 32-02, yeah? MS. LEE LOY: No, this was 29-19. Thanks. MR. KERN: I'm not going to have the answer right now. I'd have to look into it. MS. LEE LOY: Yeah, maybe we can have like an email. I'll just email you and clarify that. Because, I think that was the other concern, right, the proliferation of ADUs, which we know will be limited. But then them turning into transient accommodation rentals, which would then continue to exacerbate the infrastructure in those areas. So thank you. MR. KERN: Sure. If you could email me that, we'll do a deep dive and get that info (information) back to you. Thank you. MS. LEE LOY: Great. Thank you so much. I yield. ACTING CHR. INABA: Thank you. Bringing it back to Kona, we'll go with Council Member Kimball and then Council Member Evans. MS. KIMBALL: I'll just start with responding to Council Member Lee Loy's question. For your edification, Director Kern, that was 29-19. So that was the bill that basically gave the counties the authority to amortize transient accommodation rentals. But that is not a requirement per se as it is our choice whether or not we want to enforce legislation that would prohibit transient accommodation rentals in any way, shape, or form. We have that authority now. Page 33 Hawaii County Council-46 August 21,2024 Bill 121 doesn't propose that we do that, and I think that is a discussion to have at some point about—and probably after the economic study. That's one of the questions I think we answer with the economic study, is do we want to shut down any existing TARS in any way, shape, or form. I do think that there will be legal challenges to 29-19, particularly in Maui, depending on how they implement it. And what I would hate to see is our progress with 121 halted by legal action. And so I think the way we're moving, which is let's register, let's get an accounting of everybody, and then maybe make some of those decisions is the right way to go, while we kind of let others test out what could happen with 29-19. That's kind of my thought around that. But just wanted to add also, I realize and I apologize. Vice Chair Inaba missed the session we had where we did make some amendments, the density limit that we already talked about. We settled on a square footage of 1,250. That is in alignment with most of the prepackaged units that are available through like Argus (Building Supply), Honsador (Lumber), HPM (Building Supply), all of those. That was after discussions with the other departments. And to Council Member Evans' question about the `ohana and what the other counties are doing: I cannot stress enough how strongly the City and County of Honolulu advised against having `ohanas be for family members only. It's completely unenforceable. It's just mountains and mountains of violations and paperwork. "It just can't be done"was their statement. As much as I appreciate the value of the term "`ohana," I get that. We discussed this previously. The term "accessory dwelling unit" is what the lenders lend on. And so this is the better term from the standpoint of thinking about how people will finance these dwellings. It was advised by the Clerk, and, Jon, you can weigh in on this if you'd like to, but we don't typically, in fact we never, kind of put something in parentheses—"accessory dwelling unit(`ohana)" in the Code. That would be improper. So that's why we just kind of need to settle on one name. People can still refer to it as their `ohana of course, but within the Code, it's more proper to have a single reference. And we chose "accessory dwelling unit"because of the funding mechanisms that are out there. So thank you, Chair. I yield. ACTING CHR. INABA: Council Member Evans and then Council Member Galimba. MS. EVANS: Thank you. A question to the Director first. I notice we're adding a new zone, or an area, to do this. We're adding RD. Can you tell me what RD is? MR. KERN: Double-family residential. Page 34 Hawaii County Council-46 August 21,2024 MS. EVANS: Double-family, okay. Because, we didn't have that before under `ohana. It looked like we just expanded it into another—okay, that's good to know. And another thing is about these Honsador and HPM packages. I'm familiar with many people who have been buying 600; 800; 1,000; 1,250. They have lots of different specs (specifications), a lot of different packages at different sizes. So I think wherever we settle, there's going to be specs. I mean there's going to be these packages. I know people who've been buying the 600 and the 800. Either you want one bedroom, two bedrooms, three bedrooms. The question is, what is it we're shooting for? And like I said, Kauai landed on 800. I'm still not sure why we're at 1,250. I think that is truly debatable, and so I would challenge that these packages come in all different sizes. It's just up to us to determine what is best. I think my—we had it originally at 2,000 square feet under roof, and now we're at 1,250 living area. So you could have a lot going on because you have carports. You have other accessory, whatever it is, lanais or whatever. These things could be really big at 1,250 under living area. So I'm not comfortable with that. I have not brought forth amendments because I like to give the debate at the Council level before we do amendments. But if we need to have amendments to further discussion, I can definitely write amendments. But that's one that really bothers me, the 1,250. The other thing is I really like `ohana. I just don't see why we have to get rid of `ohana. I don't think the other councils are. And this thing about lending, I mean I trust but verify. I always believe intrust but verify. I just have a hard time believing that the lending institutions aren't going to be looking at what someone wants to build. And this is how much it's going to cost, and this is what they're going to pay to get it. I just have a hard time aligning this with lending institutions and taking out the word"`ohana." So that's another thing. Those two things are what I'm having issues with. That's why I'd love to not advance this and keep the discussion going. I think it's important that we do this. I agree with my member Kagiwada. We need to get housing. We need to find ways to encourage housing. That is why I think the State Legislature and the other Council people are doing the same thing that we're doing, and that is trying to you can take your hats off to Senator Stanley Chang trying to take the lead on this. I think he's given us some good things to chew on. So thank you. I yield. ACTING CHR. INABA: Thank you, Council Member Evans. Sounds like we have a little bit more work to do on this. Council Member Galimba. Page 35 Hawaii County Council-46 August 21,2024 MS. GALIMBA: Thank you. I'm in support of this. I think it helps to alleviate or work on our severe housing shortage in a very organic, local style way of families who have land being able to extend that equity to others in their family so that housing can be built. I really think that this is a very necessary measure, and very much support it. And also just wanted to note, I think, nationally, at least in the Democratic Parry, there's a growing awareness of how crucial this issue is, all the way from Kamala Harris saying that we need to build 3 million homes in the U.S. (United States). Our own Senator Schatz talked about having a radical change of heart on this because of how severe our housing shortage is and the kind of suffering that is happening because of it. So, yeah, I think we set up the major framework. Are there going to be situations where things might happen that some people might not like? Probably, but we can't solve for every tiny, little issue. So I think we have to set up the big framework that really addresses the big issues, and I do believe that this does. So in strong support. ACTING CHR. INABA: Thank you, Council Member Galimba. Any further discussion? With that, we weren't here for the last meeting on this bill, and I am supportive of this concept of ADUs. I do—maybe I don't have such a problem with the size. I do have a problem with the number, though, as Council Member Villegas brought up, I think going from not having the option to having four, which is a lot. And I think about some of the neighborhoods in my district where there might be lot sizes that could accommodate but we definitely wouldn't want three additional units. So I would hope that we could hold this here, at least one meeting, so that we're not taking up—whether Council Member Evans brings it forward. If not, I actually have my office preparing an amendment so that we can discuss what that limit is actually going to be, but I'd ask that we hold it here and take it up at first reading one more time. Council Member Kimball. MS. KIMBALL: Thank you. Counting the votes,there's enough here to move it forward today. But I do respect the process and the fact that I've always ascertained that we should keep things here in first reading until they're ready for prime time, so it's just a rubber stamp, basically, at second reading. So I'm willing to do that, and I will propose an extension to our September 4h meeting. The two things I do want to mention to particularly the folks that were not here last meeting, we did deliberate the amendment over for being the total number of dwellings. So that's one primary dwelling, three accessory dwelling units, and it passed, right. So there was a majority vote that supported that amendment at that time. Page 36 Hawaii County Council-46 August 21,2024 Additionally, the size of 1,250—and I know that, Council Member Evans, they do have 800 in Kauai, but they told us—we talked to their Planning Department— they epartmentthey said, "That's too small. Don't do that either." One thousand two hundred fifty, based on our discussions with Director Pause, is what gets you three bedrooms, two baths,particularly if you have to add a stairwell; so if you have a two-story. So that's why we settled on 1,250. There are indeed smaller pre-approved plans with Honsador, Argus, and others that are smaller, but the majority of their pre-approved kits would fall under this 1,250 requirement. Again, this was proposed as the suggested size. We do tend to have larger lots than both Kauai and City and County of Honolulu. And if that amendment passes, well, with the majority. So I do want to just caution my colleagues that once we propose amendments, that we actually have deliberated this to some extent. So I would want to be careful of sort of like taking a second bite of the apple, although there's different ways to do this. You could put additional conditions. And one of the things that I suggested was maybe there are certain areas where there are other restrictions. That's certainly possible. Motion to Postpone: Ms. Kimball moved to postpone Bill 123, Draft 4, as amended to Draft 5, to September 4, 2024. Seconded by Ms. Galimba. ACTING CHR. INABA: Any discussion on the amendment? With that, I would like to thank you, Council Member Kimball, for offering us the opportunity. We weren't there as we were off island at the time. And if it's the will of the Council to pass it with the three in, we'll take some time to review the discussion. I'm just wanting to make sure that we have very good understanding, and that all members do have the opportunity to chime in. Also acknowledging that we won't want to repeat conversation that already occurred. So thank you for this opportunity. With that, all those in favor of postponing Bill 123, Draft 4, as amended, to the September 4h Council meeting, please say "aye." Vote on Motion to The motion to postpone Bill 123, Draft 4, as amended to Postpone: Draft 5, to September 4, 2024, was carried by the following (Approved) voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Villegas, and Acting Chair Inaba–8. Noes: None. Absent: Council Member Kierkiewicz– 1. Excused: None. Page 37 Hawaii County Council-46 August 21,2024 Relinquish Chair: At this time, Acting Chair Inaba relinquished the chair to Chair Kimball. Bill 185: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 6, SECTION 24-288.1, SCHEDULE 36.1 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO ACTIVE LOADING AND UNLOADING ZONES Adds a portion of Akoni Pule Highway approximate to Holy Bakery Road, to designate an area for distribution of consumer goods to patrons and neighboring businesses. Reference: Comm. 945 Intr. by: Ms. Lee Loy (B/R) Approve: PCIA-10 Motion to Approve: Ms. Lee Loy moved to pass Bill 185 on first reading and adopt Policy Committee on Infrastructure and Assets Committee Report No. 10. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Lee Loy. MS. LEE LOY: I ask for my colleagues' support. CHR. KIMBALL: Any further discussion on this item? Seeing none, all those in favor please say "aye." Vote on Bill 185: The motion to pass Bill 185 on first reading and adopt (Approved) Policy Committee on Infrastructure and Assets Committee Report No. 10 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 38 Hawaii County Council-46 August 21,2024 Bill 174: AMENDS CHAPTER 19, ARTICLE 7, SECTION 19-53, AND ARTICLE 10, (Draft 2) SECTION 19-71, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAXES Allows residential properties rented for six months or more to be eligible for the Homeowner tax classification and replaces the term "husband and wife"with ,'married persons". Reference: Comm. 905.12 Intr. by: Ms. Kagiwada and Ms. Galimba First Reading: August 7, 2024 Motion to Approve: Ms. Kagiwada moved to pass Bill 174, Draft 2, on second and final reading. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. I think we've had some very good discussions on this bill. Just looking for everybody's support for a bill that I think will do good things for our community. So thanks. I'll see if my co-introducer wants to say more. CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Galimba. MS. GALIMBA: I don't really have anything more to add except to ask for my colleagues' support for this bill. CHR. KIMBALL: Thank you. Any further discussion from the body on this matter? Seeing none, all those in favor please say "aye." Vote on Bill 174: The motion to pass Bill 174, Draft 2, on second and final Draft 2 reading was carried by the following voice vote: (Adopted) Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 39 Hawaii County Council-46 August 21,2024 Bill 179: AMENDS CHAPTER 16, ARTICLE 3, SECTION 16-5, OF THE HAWAII (Draft 2) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEES Seeks to amend subsection (a) by requiring all members to have a"principal" residence instead of"primary"residence, in accordance with Chapter 19, Subsection 19-71(e)(2) of the Code, in the area covered by the Community Development Plan. Reference: Comm. 929.2 Intr. by: Mr. Inaba First Reading: August 7, 2024 Motion to Approve: Mr. Inaba moved to pass Bill 179, Draft 2, on second and final reading. Seconded by Ms. Villegas. CHR. KIMBALL: Council Member Inaba. MR. INABA: I ask for your continued support. Mahalo. CHR. KIMBALL: Thank you. Any further discussion on this item? Seeing none, all those in favor please say "aye." Vote on Bill 179: The motion to pass Bill 179, Draft 2, on second and final Draft 2 reading was carried by the following voice vote: (Adopted) Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Bill 180: AMENDS ORDINANCE NO. 24-33, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2024, TO JUNE 30, 2025 Adds the Police Department Hawaii County Morgue project($1.5 million)to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or other Sources. Reference: Comm. 930 Intr. by: Mr. Kaneali`i-Kleinfelder First Reading: August 7, 2024 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Page 40 Hawaii County Council-46 August 21,2024 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 180 on second and final reading. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: I look forward to everyone's support. Thank you. CHR. KIMBALL: Any further discussion on this item? Seeing none, all those in favor please say "aye." Vote on Bill 180: The motion to pass Bill 180 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Bill 182: AMENDS CHAPTER 24, ARTICLE 4, SECTION 24-17 AND SECTION 24-19, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO AN EXEMPTION FROM CERTAIN MOTOR VEHICLE TAXES AND FEES FOR VEHICLES USED BY POLICE OFFICERS IN THEIR OFFICIAL DUTIES Seeks to exempt motor vehicles owned or leased for twelve months or longer by the County and County-subsidized motor vehicles from motor vehicle taxes and certain vehicle registration fees. Reference: Comm. 940 Intr. by: Ms. Kimball First Reading: August 7, 2024 Motion to Approve: Mr. Inaba moved to pass Bill 182 on second and final reading. Seconded by Ms. Galimba. CHR. KIMBALL: I'm going to ask Vice Chair Inaba to make a motion to postpone this one to our September 4h meeting. We have an inconsistency between the title and the contents of the bill that we need to resolve. That amendment was not produced before today's meeting, so a request for a motion to postpone. Page 41 Hawaii County Council-46 August 21,2024 Vote on Motion to Mr. Inaba moved to postpone Bill 182 to September 4, Postpone: 2024. Seconded by Ms. Galimba and carried by the (Approved) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Bill 183: REPEALS ORDINANCE NO. 12-132, WHICH AMENDED SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO MULTIPLE-FAMILY RESIDENTIAL— 3,000 SQUARE FEET (RM-3) AT WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-038:017 (Planning Director Initiated) (Area: Approx. 0.9793 acres) The Windward Planning Commission forwards its favorable recommendation to revert the zoning from Multiple-Family Residential to its original designation of Single-Family Residential at the request of the owner. The property is located at 1623 Kino`ole Street. Reference: Comm. 942 Intr. by: Mr. Inaba(B/R) First Reading: August 7, 2024 Motion to Approve: Mr. Inaba moved to pass Bill 183 on second and final reading. Seconded by Ms. Galimba. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: Thank you. I ask for your continued support on behalf of the property owner. Mahalo. CHR. KIMBALL: Thank you. Any further discussion on this item? Seeing none, all those in favor please say "aye." Page 42 Hawaii County Council-46 August 21,2024 Vote on Bill 183: The motion to pass Bill 183 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Return to Order The Chair directed the Council to return to the order of business. of Business: Res. 578-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE FRIENDS OF FIRST RESPONDERS TO ASSIST WITH EXPENSES FOR THE ROBUST CONFERENCE 2024 Transfers $4,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 969 Intr. by: Mr. Inaba Motion to Approve: Mr. Inaba moved to adopt Res. 578-24. Seconded by Ms. Villegas. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: Thank you. I believe we had a resolution from your office previously, and ask for everyone's support. Pastor Godoy did come to share with us all of the intention of the conferences. I ask for your support. Mahalo. CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 578-24: The motion to adopt Res. 578-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 43 Hawaii County Council-46 August 21,2024 Res. 579-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE KEAUKAHA SCHOOL FOUNDATION FOR KEAUKAHA ELEMENTARY SCHOOL'S PRESCHOOL ACTIVITIES IN THE 2024-2025 SCHOOL YEAR Transfers $3,595 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 970 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 579-24. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. This one's fun. They're so stinking cute. It lets them go to the zoo and to the fire station. So I'm asking for my colleagues' support. CHR. KIMBALL: Thank you, Council Member Lee Loy. Any further discussion on this item? Seeing none, all those in favor please say "aye." Vote on Res. 579-24: The motion to adopt Res. 579-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 580-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE NORTH KOHALA COMMUNITY RESOURCE CENTER FOR EXPENSES RELATING TO THE MAINTENANCE AND REPAIR OF EQUIPMENT FOR KOHALA RADIO Transfers $4,200 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 971 Intr. by: Ms. Evans Page 44 Hawaii County Council-46 August 21,2024 Motion to Approve: Ms. Evans moved to adopt Res. 580-24. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. The community, through volunteerism and fundraising, keep alive a nonprofit. This project is to have a radio station at the very end of the island. It's very critical in terms of reaching out to the community. Everything that's done is by volunteers. Nobody's getting paid. They've been around for a while. Their equipment's getting really old. It's too expensive for them. I mean, to have a new system is outrageously expensive, so I just want to support them in their maintenance and repair of what they have. I ask for your support CHR. KIMBALL: Thank you, Council Member Evans. Any further conversation on this one? I'd just like to add that I've had the opportunity to interview up at that radio station. And first of all, very professional team. Second of all, you don't really think about communities totally relying on radio stations, but that area up there, they totally rely on that radio station for their information. So, super critical to support. Thank you for doing that. Happy to support this resolution. All those in favor of adopting Resolution 580-24, please say "aye." Vote on Res. 580-24: The motion to adopt Res. 580-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 581-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE ZONTA CLUB OF HILO FOUNDATION TO ASSIST WITH EXPENSES RELATING TO ITS "AMELIA EARHART GIRLS IN ENGINEERING DAY"EVENT Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 972 Intr. by: Ms. Kierkiewicz Page 45 Hawaii County Council-46 August 21,2024 Motion to Approve: Ms. Lee Loy moved to adopt Res. 581-24. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Lee Loy, I don't know if you can speak on behalf of Council Member Kierkiewicz for this item. MS. LEE LOY: Sure. This is something she's given to multiple years now. But I do know, Council Chair, you're also a member of Zonta, and so I'm sure this program has been supported for many years by that organization. CHR. KIMBALL: Yes, thank you, Council Member Lee Loy. And yeah, I've been a member of Zonta Club of Hilo. Obviously, do not have a role in terms of the financial side of that anymore. I'm just an everyday member. So I don't feel like there's any concern, but I would like to make that disclosure. This is a great program to help encourage more young women getting into science and engineering. And as a woman scientist myself, who often felt kind of alone in the room, I really support and encourage the body to support this program. So, with that, all those in favor please say "aye." Vote on Res. 581-24: The motion to adopt Res. 581-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 582-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE FRIENDS OF FIRST RESPONDERS FOR EXPENSES RELATING TO THE ROBUST CONFERENCE 2024 FOR FIRST RESPONDERS AND THEIR FAMILIES Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Police Department, Training account. Reference: Comm. 973 Intr. by: Mr. Kaneali`i-Kleinfelder and Comm. 973.1: From Council Member Kaneali`i-Kleinfelder, dated August 8, 2024, transmitting proposed amendments to Res. 582-24. Page 46 Hawaii County Council-46 August 21,2024 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 582-24. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Chair, there's a number of resolutions for this same project. Looking for everyone's support, but I would like to make a motion to amend Resolution 582-24 with the contents of Communication 973.1, which is under the resolution in your folder. Motion to Amend: Mr. Kaneali`i-Kleinfelder moved to amend Res. 582-24 with the contents of Comm. 973.1. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder, on the amendment. MR. KANEALI`I-KLEINFELDER: Fairly straightforward. Look for everyone's support. CHR. KIMBALL: All right, any further discussion on the amendment? Seeing none, all those in favor please say "aye." Vote on Motion to The motion to amend Res. 582-24 with the contents of Amend: Comm. 973.1 was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Vote on Motion to Mr. Inaba moved to suspend Council Rule 23 to waive the Suspend Council holdover for the substantive amendment of Res. 582-24. Rules: Seconded by Ms. Lee Loy and carried by the following (Approved) voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. CHR. KIMBALL: Back to the main motion to approve Resolution 582-24, as amended. Council Member Kaneali`i-Kleinfelder. Page 47 Hawaii County Council-46 August 21,2024 MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Look for everyone's support. This program is really, I would say, good, but I would also say extremely helpful for our first responders, and in dealing with the trauma that they go through day in and day out in their jobs, in their positions. I know a number of us are providing some funding to this organization, and I really want to mahalo Pastor Renee Godoy for making this happen, as well as all the volunteers and the Friends of First Responders. Thank you for the opportunity, and I look forward to everyone's support. Thank you. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 582-24: The motion to adopt Res. 582-24, as amended to Draft 2, Draft 2 was carried by the following voice vote: (Adopted) Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 589-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE LO`I COLLECTIVE FOUNDATION FOR EXPENSES RELATING TO ITS ANNUAL KANU VOLLEYBALL CLASSIC AT THE WAIMEA DISTRICT PARK Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 986 Intr. by: Ms. Evans Motion to Approve: Ms. Evans moved to adopt Res. 589-24. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. I love volleyball. What's great is this really involves the community and the children. And I just really believe, after coming from COVID (coronavirus disease), getting the youth outside of their homes and getting back into this community engagement and having fun, I think is really important. I think there's a lot of benefits to this. I ask for your support. Page 48 Hawaii County Council-46 August 21,2024 CHR. KIMBALL: Thank you, Council Member Evans. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 589-24: The motion to adopt Res. 589-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 590-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO USA VOLLEYBALL, INC., FOR EXPENSES RELATING TO THE LABOR DAY CLASSIC VOLLEYBALL TOURNAMENT Transfers $4,000 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 987 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 590-24. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Lee Loy. MS. LEE LOY: Ask for my colleagues' support. CHR. KIMBALL: Any further conversation? Seeing none, all those in favor please say "aye." Vote on Res. 590-24: The motion to adopt Res. 590-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 49 Hawaii County Council-46 August 21,2024 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.) 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.) OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There were none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. CHR. KIMBALL: Go ahead, Council Member Kagiwada. MS. KAGIWADA: Thank you. I just want to say there's just a couple days left at the World Sprints down here at Bayfront. It's really a very exciting event if you can take the time to spend a littlego out and spend a little bit of time there. Also, if you know anybody that is willing to volunteer, we still have volunteer needs in the next couple days. So, would love to see folks checking it out. It's pretty awesome. So, hope you can make it. Yeah, all right. Thank you. CHR. KIMBALL: Thank you, Council Member Kagiwada. Yeah, it's pretty exciting down there and it's nice to see all of the international paddlers in our downtown. I did want to mention that I am doing a real property tax agricultural tax dedication road show event tonight, 5:30 in Captain Cook, with Council Member Villegas and Council Member Galimba joining me. So, look forward to seeing folks that are interested in that program tonight, and extend again my invitation to any of the Council Members if they'd like me to come and share the changes in their community. With that, seeing no further business, we are adjourned. Thank you. Great job, everyone. Page 50 Hawai`i County Council-46 August 21,2024 tip ADJOURN- There being no further business, Chair Kimball adjourned the meeting at 2:14 p.m. MENT: Council Approval: V 0 $ 2024 CO TY C JH/dg Page 51