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HomeMy WebLinkAboutMIN COUNCIL 2024-09-17 2022-2024 Hawaii County Council 481h Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii September 17, 2024 INVOCATION: Senior Pastor Sunny Ahn of Kona Methodist Church gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:02 a.m., in the Council Chambers, Kailua-Kona, by Mr. Holeka Goro Inaba, Acting Chair. ROLL CALL: Present: Ms. Heather L. Kimball, Chair(via videoconference from Hilo) Mr. Holeka Goro Inaba, Vice Chair Ms. Cindy Evans, Member Ms. Michelle M. Galimba, Member Ms. Jenn Kagiwada, 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 (came in later) Absent& Excused: Mr. Matt Kdneali`i-Kleinfelder, Member PLEDGE OF The Acting 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 Acting Chair directed the Council to proceed to the next order of business, MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (There were none.) EXPRESSIONS OF CONDOLENCE: STATEMENTS The Acting 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 Acting Chair: Hawaii County Council-48 September 17,2024 Chuck Flaherty: Bill 123, Draft 5 (Comm. 677.32), comment. Tawn Keeney: Bill 123, Draft 5 (Comm. 677.32), comment. (See Comm. 677.48) Nancy Carr Smith: Res. 618-24 (Comm. 1026), in support. (representing Waimea (See Comm. 1026.3) Community Association) Janice Palma-Glennie: Bill 123, Draft 5 (Comm. 677.32), comment; and Bill 127, Draft 4 (Comm. 694.13), in support. APPROVAL The Acting Chair directed the Council to proceed to the next order of business, OF MINUTES: Approval of Minutes. Acting Chair Inaba announced that the Minutes of July 10, 2024, were approved. ORDER OF The Acting Chair directed the Council to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Res. 591-24: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAII BY AMENDING RULE NO. 26, RELATING TO TRANSFER OF COUNTY COUNCIL DISTRICT CONTINGENCY RELIEF FUNDS Reference: Comm. 990 Intr. by: Mr. Inaba Approve: GOEAC-153 Vote on Res. 591-24: Ms. Galimba moved to adopt Res. 591-24 and (Adopted) Governmental Operations and External Affairs Committee Report No. 153. Seconded by Ms. Evans and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. Page 2 Hawaii County Council-48 September 17,2024 Res. 592-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF TAXATION Authorizes the Mayor to enter into a memorandum of agreement to share confidential tax return information relating to the administration of the State and County of Hawai`i's Transient Accommodations Tax. Reference: Comm. 992 Intr. by: Ms. Evans (B/R) Approve: GOEAC-154 Motion to Approve: Ms. Evans moved to adopt Res. 592-24 and Governmental Operations and External Affairs Committee Report No. 154. Seconded by Ms. Galimba. ACTING CHR. INABA: Any discussion? MS. EVANS: We had good discussion in Committee. No comment. Thank you. ACTING CHR. INABA: Thank you. Any further discussion? Seeing none, all those in favor of adopting Resolution 592-24, please say "aye." Vote on Res. 592-24: The motion to adopt Res. 592-24 and Governmental (Adopted) Operations and External Affairs Committee Report No. 154 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. Res. 593-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF HEALTH Allows for the receipt of$925,000 of federally-derived funds to support opioid remediation activities. Reference: Comm. 993 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-192 Page 3 Hawaii County Council-48 September 17,2024 Vote on Res. 593-24: Ms. Galimba moved to adopt Res. 593-24 and Finance (Adopted) Committee Report No. 192. Seconded by Ms. Evans and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. Res. 616-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOLUALOA VILLAGE OHANA TO ASSIST WITH EXPENSES FOR ITS 25TH ANNUAL COFFEE AND ART STROLL Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1024 Intr. by: Mr. Inaba Motion to Approve: Ms. Galimba moved to adopt Res. 616-24. Seconded by Ms. Evans. ACTING CHR. INABA: This is a resolution from my office. Just wanted to invite the public to the 25h Annual Coffee and Art Stroll in H6lualoa Village. This would be on November 2nd from 9 a.m. to 2 p.m. Is there any other discussion? If not, all those in favor please say "aye." Vote on Res. 616-24: The motion to adopt Res. 616-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. Page 4 Hawaii County Council-48 September 17,2024 Res. 617-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO PATH—PEOPLE FOR ACTIVE TRANSPORTATION HAWAII TO PURCHASE PET WASTE BAGS FOR THE DISPENSERS AT THE OLD WALUA TRAIL Transfers $1,600 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1025 Intr. by: Ms. Villegas Vote on Res. 617-24: Ms. Galimba moved to adopt Res. 617-24. Seconded by (Adopted) Ms. Evans and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. Res. 618-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO WAIMEA COMMUNITY ASSOCIATION FOR THE PURCHASE AND SHIPMENT OF FOUR OUTDOOR BENCHES FOR THE WAIMEA COMMUNITY Transfers $3,784 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Public Works, Administration Other Current Expenses account. Reference: Comm. 1026 Intr. by: Ms. Kimball Motion to Approve: Ms. Kimball moved to adopt Res. 618-24. Seconded by Ms. Lee Loy. ACTING CHR. INABA: Council Member Kimball. MS. KIMBALL: Thank you. We had some testimony with respect to this project. Just ask for my colleagues' support in getting this project completed for Waimea. Thank you. ACTING CHR. INABA: Thank you very much. Any further discussion? All those in favor of approving Resolution 618-24,please say "aye." Page 5 Hawaii County Council-48 September 17,2024 Vote on Res. 618-24: The motion to adopt Res. 618-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. Res. 619-24: 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 $2,700 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Police Department, Training account. Reference: Comm. 1027 Intr. by: Ms. Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 619-24. Seconded by Ms. Galimba. ACTING CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. Just looking for your support on this. It's to support the robust conference for the first responders and their families. Thank you. ACTING CHR. INABA: Thank you. Any further discussion? Seeing none, all those in favor of approving Resolution 619-24,please say "aye." Vote on Res. 619-24: The motion to adopt Res. 619-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. Page 6 Hawaii County Council-48 September 17,2024 Res. 620-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST WITH EXPENSES RELATING TO THE 2024 HAWAII ISLAND VETERANS DAY PARADE Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1028 Intr. by: Ms. Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 620-24. Seconded by Ms. Lee Loy. ACTING CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you. Just looking to support the veterans parade, which is an annual event, and hopefully everybody can attend. Thank you so much. I look for your support. ACTING CHR. INABA: Thank you. Any further discussion? Seeing none, all those in favor of adopting Resolution 620-24, please say "aye." Vote on Res. 620-24: The motion to adopt Res. 620-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. Res. 621-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR A MULTIFUNCTION, COLOR PRINTER FOR THE OFFICE OF THE COUNTY CLERK, SUPPORT SERVICES DIVISION Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$2,000. Reference: Comm. 1029 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Page 7 Hawaii County Council-48 September 17,2024 Motion to Approve: Ms. Galimba moved to adopt Res. 621-24. Seconded by Ms. Lee Loy. ACTING CHR. INABA: This item was waived out of Committee, so if we could please have someone from the Finance MR. HENRICKS: That would be me, I think. ACTING CHR. INABA: Oh, sorry. Office of the County Clerk. Mr. Clerk, if you would. MR. HENRICKS: Sure. This is not additional equipment. This is to replace equipment we already have that we'll need to continue providing services that Support Services currently provides. We got a reasonable contract. So I just ask for the Council's support so that Support Services can continue to provide services to the multitude of County agencies that it does provide color printing for. Thank you. ACTING CHR. INABA: Thank you. Any discussion? Seeing none, all those in favor of adopting Resolution 621-24,please say "aye." Vote on Res. 621-24: The motion to adopt Res. 621-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. Res. 622-24: 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 ISLAND OF HAWAII YMCA FOR ITS FAMILY VISITATION CENTER PROGRAM Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 1035 Intr. by: Ms. Kimball Motion to Approve: Ms. Kimball moved to adopt Res. 622-24. Seconded by Ms. Lee Loy. Page 8 Hawaii County Council-48 September 17,2024 ACTING CHR. INABA: Council Member Kimball. MS. KIMBALL: Just asking for my colleagues' support in supporting the CRF (Contingency Relief Fund) for this really important program. Happy to support it every year, and it's one of the really great contributions YMCA (Young Men's Christian Association) makes to our community. Mahalo. ACTING CHR. INABA: Mahalo. Any further discussion? Seeing none, all those in favor of adopting Resolution 622-24, please say "aye." Vote on Res. 622-24: The motion to adopt Res. 622-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. Res. 623-24: 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 HAWAII HERITAGE FOUNDATION FOR THE 2024 HAMAKUA SUGAR DAYS FESTIVAL Transfers $7,500 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1036 Intr. by: Ms. Kimball Motion to Approve: Ms. Kimball moved to adopt Res. 623-24. Seconded by Ms. Lee Loy. ACTING CHR. INABA: Council Member Kimball. MS. KIMBALL: I'm really excited to announce this event. It'll be taking place from October 5h through 20'h up in Honoka`a. It is an acknowledgement of the closing of the plantation 30 years ago. It's the anniversary. And at that time, there was really no recognition of the workers. So this is an opportunity. We have people coming back from all across the world to be here for this event. There'll be a County fair, other activities just celebrating the history and agriculture in the Honoka`a region. So I ask for my colleagues' support and encourage you to join us for some of the events during this festival. Thank you. Page 9 Hawaii County Council-48 September 17,2024 ACTING CHR. INABA: Thank you. With that, any further discussion? Seeing none, all those in favor of adopting Resolution 623-24, please say "aye." Vote on Res. 623-24: The motion to adopt Res. 623-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Res. 624-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE PAPA`ALOA ALL HALLOW'S EVE COMMUNITY EVENT Transfers $1,400 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Recreation Division Other Current Expenses account. Reference: Comm. 1037 Intr. by: Ms. Kimball Motion to Approve: Ms. Kimball moved to adopt Res. 624-24. Seconded by Ms. Lee Loy. ACTING CHR. INABA: Council Member Kimball. MS. KIMBALL: Thank you. Whereas, the last event was a first time ever, this is an event that's been going on for years and years and years. It was, of course, stopped when we had to demolish the gym in Papa`aloa, but last year was the first year back and it was a resounding success. So, asking for my colleagues to support to fund this really great program for the Papa`aloa community. Thank you. ACTING CHR. INABA: Thank you. Any further discussion? Seeing none, all those in favor of adopting Resolution 624-24, please say "aye." Page 10 Hawaii County Council-48 September 17,2024 Vote on Res. 624-24: The motion to adopt Res. 624-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Res. 625-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE WREATHS FOR THE WEST HAWAII VETERANS CEMETERY-PU'U HO`OMAHA O NA POB KOA O HAWAII KOMOHANA FOR THE NATIONAL WREATHS ACROSS AMERICA DAY Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1038 Intr. by: Ms. Galimba Motion to Approve: Ms. Galimba moved to adopt Res. 625-24. Seconded by Ms. Evans. ACTING CHR. INABA: Council Member Galimba. MS. GALIMBA: Thank you, Chair. Just asking for my colleagues' support. ACTING CHR. INABA: All right. Any further discussion? Seeing none, all those in favor of adopting Resolution 625-24, please say "aye." Vote on Res. 625-24: The motion to adopt Res. 625-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 11 Hawaii County Council-48 September 17,2024 Res. 626-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA O PUNA TO ASSIST KEA`AU MIDDLE SCHOOL WITH BUS TRANSPORTATION FOR ITS YOUTH LEADERSHIP ACTIVITIES IN THE 2024-2025 SCHOOL YEAR Transfers $1,760 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1039 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 626-24. Seconded by Ms. Galimba. ACTING CHR. INABA: Council Member Lee Loy. MS. LEE LOY: I ask for my colleagues' support. Thank you. ACTING CHR. INABA: Thank you. Any further discussion? Seeing none, all those in favor? Vote on Res. 626-24: The motion to adopt Res. 626-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Res. 627-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO GOING HOME HAWAII FOR ITS HAWAII COUNTY SEQUENTIAL INTERCEPT MODEL REPORT Transfers $3,500 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 1040 Intr. by: Ms. Lee Loy Motion to Approve: Ms. Lee Loy moved to adopt Res. 627-24. Seconded by Ms. Galimba. Page 12 Hawaii County Council-48 September 17,2024 ACTING CHR. INABA: Council Member Lee Loy. MS. LEE LOY: I ask for my colleagues' support. Thank you. ACTING CHR. INABA: Thank you. Any further discussion? Seeing none, all those in favor of adopting Resolution 627-24, please say "aye." Vote on Res. 627-24: The motion to adopt Res. 627-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Res. 628-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOLUALOA FOUNDATION FOR ARTS AND CULTURE TO ASSIST WITH EXPENSES FOR THE"COOL FUSION: FESTIVAL OF 1,000 BOWLS" EVENT AT THE DONKEY MILL ART CENTER Transfers $7,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Research and Development, Destination Management account. Reference: Comm. 1041 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 628-24. Seconded by Ms. Galimba. ACTING CHR. INABA: Council Member Villegas. MS. VILLEGAS: Thank you for your support. ACTING CHR. INABA: All right. Any other discussion? Seeing none, all those in favor of adopting Resolution 628-24, please say "aye." Page 13 Hawaii County Council-48 September 17,2024 Vote on Res. 628-24: The motion to adopt Res. 628-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Res. 629-24: APPROVES THE NOMINATION OF MEMBERS TO THE NATIONAL ASSOCIATION OF COUNTIES (NACo) BOARD OF DIRECTORS AND THE WESTERN INTERSTATE REGION (WIR) BOARD OF DIRECTORS Requests the Council's approval of the following slates of officers: NACo— Tommy Waters, City and County of Honolulu; KipuKai Kuali`i, Kauai County; and Susan L. K. Lee Loy, Hawaii County; and WIR—Shane Sinenci, Maui County, and Michelle M. Galimba, Hawaii County. Reference: Comm. 1042 Intr. by: Ms. Kimball Waived: GOEAC Motion to Approve: Ms. Kimball moved to adopt Res. 629-24. Seconded by Ms. Galimba. ACTING CHR. INABA: Council Member Kimball. MS. KIMBALL: Thank you. As you may recall, Council Member Kierkiewicz received the presidential appointment to the WIR (Western Interstate Region) Board but was unable to attend the annual conference, and Council Member Lee Loy attended. In order to have the ability to vote as a board member in WIR, HSAC (Hawai`i State Association of Counties) wanted to move her into that board member position. Sothis is a resolution that just kind of follows up with our respective bylaws, per HSAC, to have Council approve that movement. It is retroactive. Apologies for that, but this is kind of just a housekeeping measure. Thank you. ACTING CHR. INABA: Thank you. With that, is there any other discussion? Seeing none, all those in favor of adopting Resolution 629-24, please say "aye." Page 14 Hawaii County Council-48 September 17,2024 Vote on Res. 629-24: The motion to adopt Res. 629-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba–8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder– 1. Excused: None. Res. 631-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT WITH RUNBECK ELECTION SERVICES FOR THE AGILIS SOFTWARE FOR THE OFFICE OF THE COUNTY CLERK, ELECTIONS DIVISION Authorizes the Mayor to enter into a four-year agreement with an approximate total cost of$196,500. Reference: Comm. 1045 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Ms. Galimba moved to adopt Res. 631-24. Seconded by Ms. Evans. ACTING CHR. INABA: This was also waived straight to Council and comes from our Elections Division. So, would ask the County Clerk if you could just give us a quick overview on this. MR. HENRICKS: Thank you, Vice Chair Inaba. Thank you for the waiver from Finance and straight to Council,just so that we can handle this as much as possible, assuming there's Council support, in a timely manner. This is a relatively straightforward request. This allows us to continue using our Agilis equipment that essentially operates to verify the signatures of people when they vote, and they return their voted ballot packets. It also sorts the voter ballot packets, and it does keep an inventory for us, part of our documenting purposes. We are appreciating the machinery more and more every election. This is our fifth election—our sixth. The general would be using it. We would request the Council's support so we can continue maintaining this very critical piece of infrastructure for our Elections by Mail program. ACTING CHR. INABA: Thank you, Mr. Clerk. With that, is there any further discussion? MS. LEE LOY: Yes, Chair. Page 15 Hawaii County Council-48 September 17,2024 ACTING CHR. INABA: Yes, Council Member Lee Loy. MS. LEE LOY: Thank you so much. And not in regards to the resolution itself, but I'm going to renew my request to the Finance Department. More and more we see these long-term lease agreements over time, and I would just love for us to truly understand how many budgets we are into the future with these lease agreements. Thank you, Chair. I yield. ACTING CHR. INABA: Thank you, Council Member Lee Loy. Any further discussion? Seeing none, all those in favor of adopting Resolution 631-24, please say "aye." Vote on Res. 631-24: The motion to adopt Res. 631-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. BILLS FOR The Acting Chair directed the Council to proceed to the next order of business, ORDINANCES Bills for Ordinances (First Reading). (FIRST READING): Bill 165: AMENDS CHAPTER 24, ARTICLE 10 OF THE HAWAII COUNTY (Draft 2) CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PARKING Changes the County Building parking lot located at 25 Aupuni Street in Hilo from a two-hour metered parking zone to a two-hour parking area, effective January 1, 2025. Reference: Comm. 884.3 Intr. by: Ms. Evans Approve: PCIA-13 Motion to Approve: Ms. Evans moved to pass Bill 165, Draft 2, on first reading and adopt Policy Committee on Infrastructure and Assets Committee Report No. 13. Seconded by Ms. Galimba. ACTING CHR. INABA: Council Member Evans. MS. EVANS: Thank you. Thank you, Members, for our continuing discussion on this issue. I believe in Committee that we had overall agreement. So I ask for your continued support. Thank you. Page 16 Hawaii County Council-48 September 17,2024 ACTING CHR. INABA: Thank you. Any further discussion? Seeing none, all those in favor of adopting Bill 165, Draft 2, at first reading,please say "aye." Vote on Bill 165: The motion to pass Bill 165, Draft 2, on first reading and Draft 2 adopt Policy Committee on Infrastructure and Assets (Approved) Committee Report No. 13 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Bill 196: 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 —Opioid Settlement Funds account ($925,000); and appropriates the same to the Opioid Settlement Funds account to support opioid remediation activities. Reference: Comm. 993 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-193 Motion to Approve: Ms. Galimba moved to pass Bill 196 on first reading and adopt Finance Committee Report No. 193. Seconded by Ms. Evans. ACTING CHR. INABA: Is there any discussion? Council Member Evans. MS. EVANS: Thank you. We did have really good discussion I thought in Committee, and I think we had overwhelming support. So I hope we continue to support. Thank you. ACTING CHR. INABA: Thank you. All right, seeing no other lights, all those in favor of adopting Bill 196 at first reading,please say "aye." Page 17 Hawaii County Council-48 September 17,2024 Vote on Bill 196: The motion to pass Bill 196 on first reading and adopt (Approved) Finance Committee Report No. 193 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Bill 197: AMENDS ORDINANCE NO. 24-32, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2025 Increases revenues in the State Grants —Career Criminal Program account ($55,034); and appropriates the same to the Career Criminal Prosecution Program account, for a total appropriation of$546,168. Funds would be used to support nine positions in the Office of the Prosecuting Attorney. Reference: Comm. 994 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-194 Vote on Bill 197: Ms. Galimba moved to pass Bill 197 on first reading and (Approved) adopt Finance Committee Report No. 194. Seconded by Ms. Evans and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Bill 203: AMENDS THE PARKS AND RECREATIONAL FACILITY SCHEDULE, CHAPTER 15, ARTICLE 8, SECTION 15-68.1, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY NAMING THE BALLFIELDS AT WILLIAM "BILLY" KENOI DISTRICT PARK THE "HOWARD SANORIA BALLFIELDS" IN HONOR OF HOWARD FERNANDO SANORIA Reference: Comm. 1044 Intr. by: Ms. Kierkiewicz Waived: PCHSW Page 18 Hawaii County Council-48 September 17,2024 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 203 on first reading. Seconded by Ms. Lee Loy. ACTING CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. This is a fresh bill that would actually name the fields at Billy Kenoi District Park the "Howard Sanoria Ballfields." So, made that editorial change and really appreciate Council Member Kagiwada and Council Chair Kimball for their support so that we could make today's Council deadline. This ensures that we are providing Parks and Recreation Department enough lead time to be able to fabricate the signage for next year's ceremony to install this sign. Mr. Sanoria was really instrumental in the 1940s and decades ensuing in coaching youth in Pahoa softball, baseball. And one thing that really stuck out for me was his passion for raising awareness of Title IX so that more of our girls here on Hawaii Island could access sports. So, really excited to be able to be doing this for the Sanoria family, and looking for everyone's continued support. Thank you. ACTING CHR. INABA: Thank you, Council Member Kierkiewicz. Any further discussion? Seeing none, all those in favor of approving Bill 203 at first reading, please say "aye." Vote on Bill 203: The motion to pass Bill 203 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. ORDER OF The Acting Chair directed the Council to proceed to the next order of business, THE DAY Order of the Day (Second or Final Reading). (SECOND OR FINAL READING): Page 19 Hawaii County Council-48 September 17,2024 Bill 104: AMENDS CHAPTER 19, ARTICLE 1, SECTION 19-2; CHAPTER 19, (Draft 7) ARTICLE 7, SECTION 19-53; AND CHAPTER 19, ARTICLE 11, SECTION 19-90, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE CREATION OF A LONG-TERM RENTAL CLASS FOR REAL PROPERTY TAXES Establishes a Long-Term Rental tax assignment classification for properties that are occupied under a signed lease for six consecutive months or more to the same tenant. Reference: Comm. 600.50 Intr. by: Ms. Kagiwada and Ms. Galimba Postponed: July 10 and 24, 2024 First Reading: September 4, 2024 Motion to Approve: Ms. Galimba moved to pass Bill 104, Draft 7, on second and final reading. Seconded by Ms. Kagiwada. ACTING CHR. INABA: Council Member Galimba. MS. GALIMBA: Thank you, Chair. Just wanted to reiterate that this is a voluntary program to incentivize long-term market rate and affordable rentals in our community so that it could be part of solving for our lack-of-housing crisis. And I hope that my colleagues will support this effort. Thank you. ACTING CHR. INABA: Thank you. Any further discussion? MS. KAGIWADA: Chair? ACTING CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you. Just a thank you to my colleague for working on this with me. It's become a very simple bill, which is basically just giving our Council the opportunity down the line to appropriately tax and tax in different ways long-term rentals, which are for our residents, and other properties which are not necessarily for our residents or which are not for our residents, which are more vacant and vacation homes at different rates. And set the rate that will be up to this Council to decide further on. And just looking for everybody's support. Like I said, we have no amendments at this time. It's become very simple. Just creating that bucket for long-term rentals, and look forward to everybody's support. Thank you. ACTING CHR. INABA: Thank you. MS. KAGIWADA: Oh, and I think we have RPT (Real Property Tax)there in Kona if there are any questions for her. Page 20 Hawaii County Council-48 September 17,2024 ACTING CHR. INABA: Yes, we do. All right, any further discussion? I know this is going to pass. I continue to have concerns, so I won't be able to support today, but thank the makers for advancing something that you folks think will be good for our long-term renters. With that, a roll call. Vote on Bill 104: The motion to pass Bill 104, Draft 7, on second and final Draft 7 reading was carried by the following roll call vote: (Adopted) Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Villegas —7. Noes: Acting Chair Inaba— 1. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Bill 123: AMENDS CHAPTER 19, ARTICLE 1 AND ARTICLE 13, CHAPTER 23, (Draft 5) ARTICLE 9, AND CHAPTER 25, 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. 677.32 Intr. by: Ms. Kimball and Ms. Kierkiewicz Postponed: August 21, 2024 First Reading: September 4, 2024 Motion to Approve: Ms. Kimball moved to pass Bill 123, Draft 5, on second and final reading. Seconded by Ms. Kierkiewicz. ACTING CHR. INABA: Council Member Kimball. MS. KIMBALL: Thank you, Vice Chair Inaba. Let me go back to the very beginning of this conversation. When I mentioned that when the `ohana code was originally drafted in Chapter 25, there was an anti-density sentiment. And as a result, to much of our chagrin now, we've seen sprawl out into the agricultural areas across the entire island. The intention of this bill is to increase density in our urban core areas, making sure that people are close to work, close to educational opportunities, close to income opportunities, close to infrastructure. As a result, we'll be reducing the amount of sprawl, protecting our agricultural lands, reducing vehicle miles traveled, and ensuring that we have housing for all of the different members of our community. Page 21 Hawaii County Council-48 September 17,2024 As our housing structure is set up now, we are on a trajectory where we will have housing for the very well to do and housing for the not very much at all, the subsidized housing that the County provides. And we need that affordable housing. What we're missing is that missing middle housing, families that want to provide an opportunity for their kids to build a house and live next door on the same property. Middle income housing that is for our teachers, our nurses, our doctors, our County workers, our police officers, our firefighters. Now, I do want to respond just quickly to some of the comments made, and there's just one key misunderstanding, the difference between Hawaii County zoning and State Land Use. State Land Use law, Chapter 205-4.5, prohibits accessory dwelling units unless they're developed as additional farm dwellings and the folks living in those additional farm dwellings must be tied to the agricultural activities on the property. You can see that in the bill on page 4, under Section 25-6-31(b), which says, "Any building site within the State land use agricultural district shall be subject to agricultural requirements for farm dwellings . . . ." This includes the prohibition of farm dwellings to be used as transient accommodation rentals. So, while I appreciate the concerns of the testifiers, I want to make clear that this is already prohibited by State law, and it is also prohibited by this ordinance. So while the comments were made about illegality, this ordinance is in alignment and does still remain legal with respect to the State law. With that, I encourage my colleagues to support this effort. We are not going to be able to provide all of the housing needed for our community through affordable housing subsidized by the housing production fund and other programs. This is a way to have the private sector help improve the housing picture for our island, but do so in a way that we're preventing sprawl and protecting our natural and agricultural areas. Thank you, Chair. I yield. ACTING CHR. INABA: Council Member Kierkiewicz, did you have anything else? MS. KIERKIEWICZ: I do. ACTING CHR. INABA: Go ahead. MS. KIERKIEWICZ: Thank you, Chair. I'm going to urge my colleagues to vote to pass this measure today. Bill 123 has been in the making for more than two years. If folks recall, in 2019, SMS Research produced a housing study that says, here on Hawaii Island, we need more than 13,000 new dwelling units by 2025 to meet the growing population demand here on our island. And(Bill) 123 is just one way that this Council has actively been working to make it easier for residents to be housing contributors and increase our housing inventory on the island. (Bill) 123 aligns with recently passed State legislation. Housing was on our State legislators' mind, and so we are definitely in alignment with this bill. Page 22 Hawaii County Council-48 September 17,2024 And I have every faith in our public to understand what this bill does. It's very simple. It gives property owners the ability to build up to three accessory dwelling units, by right, on their property if infrastructure allows for it. And as Council Chair Kimball said, this is what we want. We want to improve residents' quality of life by having access to jobs, healthcare, education, recreation in their community. Trust me. I leave my house at 6:30 every single morning to drop my kids off to school and am in the office an hour later, and I would love for more of these opportunities to be in our community. There was this concern about seeing a huge proliferation of building overnight. I would love to see that. But the reality is, if you take a look at the cost of construction, if we estimate $500 to build one square foot and on average an ADU (accessory dwelling unit) is a thousand feet, we're talking half-a-million dollars. I don't know if folks can afford that right now in this market. But what we are doing by passing this bill is we are making it easier for homeowners and builders here in our community to secure financing and construct housing. I urge my colleagues to vote for this bill today. Thank you, Chair. ACTING CHR. INABA: Thank you, Council Member Kierkiewicz. Council Member Evans. MS. EVANS: I move to postpone MS. KAGIWADA: Wait a minute. MS. EVANS: To the call of the Chair. Is that called "tabling"? Point of order. Mr. Clerk, the correct motion? ACTING CHR. INABA: Council Member Evans, the "call of the Chair"would be until the chair re-agendizes it. If not, you would want to choose a specific date, or you could do "indefinitely." MS. EVANS: Okay. I'm going to say postpone it to the second, the date in October. What is that date, the Council meeting in October, the second one? ACTING CHR. INABA: That would be October 16''. MS. EVANS: Is that the correct date, October 16''? Motion to Postpone: Ms. Evans moved to postpone Bill 123, Draft 5, to October 16, 2024. Seconded by Ms. Villegas. ACTING CHR. INABA: Council Member Evans. MS. EVANS: Thank you. Part of it is what happened yesterday on our Bills 198 and 199. For those who weren't available yesterday or were able to watch it, Page 23 Hawaii County Council-48 September 17,2024 clearly the community, when they talk about going from Ag-5 to half-acre lots or looking at how it's going to change the feel of their agricultural community, well, if you look at this getting passed, that would take half-acre lots and then the ability for people to put dwelling units on it, which would increase more the density in this very rural agricultural environment around Waimea. I think that the effect of this bill, even though there's good intentions, I think that the public has yet understood how it could eventually roll out and change the makeup of their community. I heard the Sierra Club testifiers say if you did this in urban zone, that might make more sense because that's a place of usually—in all your general plans and community development plans, they will say that's where density should increase, is in an urban area where you have wastewater; where you have water, hopefully; where you have mass transit. That makes a lot more sense. But in this case, we're looking at putting it in other districts: rural districts, FA, family ag. I mean, I think the impact of this is big enough that I think we need to give the public time. I heard a comment by one of the colleagues that you'd been working on it for two years. I do know you've been working on the TAR bill, the transient accommodation rental, but I don't remember any of the realtors and people talking to me about this `ohana dwelling being converted to another category, and now the State Legislature passing something that was more recent than two years. I just think there's a lot of confusion when you talk about TAR, and now we're talking about this. We're talking about increasing density. And I just kind of think the public hasn't yet wrapped their head around what this particular bill's doing. When I read what Honolulu was doing and Esther Kia`aina, hoping that next year they can go and repeal the bill that Stanley Chang passed to create this ability to do this density that Honolulu doesn't—they're trying to repeal it. So people are questioning maybe not the intent of building density for more housing. What they're really saying is it's really changing community and everything. You could change it quickly and have unintended consequences. Slow down. We don't have to have it done till 2026. And I just don't think we need to push it fast. I think we need to slow down and possibly add a few amendments to make it more in line to the vision of what our communities want. I know there's community development plan action committees. There's one meeting in Kona. There's one meeting in Waimea. I think the community action committee should know about this too. I just think there needs to be a little more dialog, and that is why I'm asking for the postponement, not indefinitely, but postpone it because I do think there still needs to be more. And yesterday, one of the reasons we postponed (Bills) 198 and 199 is because we didn't have a lot of testifiers. Why? Because they're at the there's these conferences. There's the Native Hawaiian conference at Hilton Waikoloa Village Page 24 Hawaii County Council-48 September 17,2024 today. I just think because we're lacking testimony, that even bothers me because I do think this is really a change, a big change. Not a little change. It's a big change. And I'm not talking about the urban areas. And I know Hilo, I mean, you could even say, "Hilo, go for it." "Kona, go for it." But when we're talking about the other smaller communities, I still feel there is not enough understanding by our community as to what we're really agreeing to. That is why I want to postpone. Thank you. I yield. ACTING CHR. INABA: Thank you, Council Member Evans. Any other discussion on the postponement? Council Member Villegas. MS. VILLEGAS: Thank you, Council Member Evans, for the courage to bring this up and ask for a postponement. I've had a number of constituents reach out to me and ask why do I oppose tiny homes, and my response to them is these are not tiny homes. An ADU and the potential addition of three ADUs on somebody's property is not a tiny home. I feel unsettled by the push on this when there is so many other things going on. I am trying to work on some amendments with a couple of different people that would temper some of what I feel is kind of Pandora's box here. I'll be supporting the postponement. I still have real questions about the title, and I feel that it's misleading to have the title of a piece of legislation call something an `ohana dwelling unit, and then the first thing that happens is you strike out the term `ohana dwelling unit. And if we look into the future and providing a direct pathway for people to find this legislation, I think that that should be edited. And I think that three ADUs is too many to just open it and straight go for it. It also concerns me if Oahu is looking at repealing theirs. And talking about density is a tricky thing, especially in District 7 because we already have so much pressure on our infrastructure. So to add density and open Pandora's box for adding on to that without having our infrastructure in place I don't think is a wise move forward. So, anyway, I'll be supporting the postponement today, and I just ask for my colleagues to reconsider what the rush is on this. If this is truly the right thing to do and truly the pono avenue, then everything will be in alignment and community will feel more comfortable and confident, and the reward will outweigh the risk. So that's my kuleana for today. I yield. ACTING CHR. INABA: Heading over to Hilo, any discussion on postponement? All right, if not, a roll call vote,please. Page 25 Hawaii County Council-48 September 17,2024 Vote on Motion to The motion to postpone Bill 123, Draft 5, to October 16, Postpone: 2024, failed by the following roll call vote: Failed Ayes: Council Members Evans and Villegas —2. Noes: Council Members Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Acting Chair Inaba—6. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. ACTING CHR. INABA: We are back to the main motion, which is to approve Bill 123, Draft 5, at second and final reading. Going over if anyone hasn't spoken yet. Council Member Kagiwada. MS. KAGIWADA: Thank you, Vice Chair Inaba. I'm supporting this bill. I think we need to be smart about how we provide housing, and this missing middle is what we know we need. We don't have a lot of missing middle housing planned. We need housing for people. And our children are moving away, and they can't live here. This really provides that opportunity for people who have a property where they could provide a house for their grown child to live there and start a family there, and stay here with us in Hawaii. And so I do support this. I did not really like the amendment we made that allowed for one TAR to be possible on a property, but I also know that if people do choose to do that, their taxes will go up. They will lose their homeowners tax rate. So it'll be something people will have to decide. I don't see a lot of people choosing to do that, hopefully. And I hope that most people, if they are able to fund and build a second home as an ADU unit, that they will do it because they know somebody here needs a home, whether that's a long-term rental or providing housing for their own family. So I will be supporting this. And I feel it's so necessary to protect our precious ag lands and our open spaces that we do this infill-type housing for our people. So thank you. I yield. ACTING CHR. INABA: Thank you. Coming back here to Kona, Council Member Galimba. MS. GALIMBA: Thank you. Just echoing Council Member Kagiwada. Really, the need for housing on our island is really pretty extreme. And I feel that this is the organic option, in a way, to allow our citizens, our families to help to provide housing for their own families, or long-term rentals for residents in the community. Page 26 Hawaii County Council-48 September 17,2024 So I believe the restriction that does not allow it on State Land Use agricultural land is going to take care of a lot of the issues that folks have. For instance, Council Member Evans brought up the proposed project in Waimea, and currently, that is agriculturally—it's SLU (State Land Use) Ag. So it would not be possible unless we agree to change it into a rural zoned piece of land. It's an example of how this bill would actually not allow ADUs on agricultural land as long as it continues to be SLU Ag. So that's something we're going to have to consider as we go forward. But I believe it is an appropriate restriction. And it will condense housing to basically urban areas because most of our island, no matter what the zoning on top of it might be, the State Land Use designation is agricultural. So this is really quite targeted. So I continue to support this. Thank you. ACTING CHR. INABA: All right, with that, seeing no further discussion, it looks like this is going to pass as well. I do have concerns with the number of ADUs we allowed, as well as the fact that we had added in the transient accommodation rentals. If not for those, I could support this fully. With that, we'll take a roll call vote,please, Mr. Clerk. Vote on Bill 123: The motion to pass Bill 123, Draft 5, on second and final Draft 5 reading was carried by the following roll call vote: (Adopted) Ayes: Council Members Galimba, Kagiwada, Kierkiewicz, Kimball, and Lee Loy –5. Noes: Council Members Evans, Villegas, and Acting Chair Inaba–3. Absent: Council Member Kaneali`i-Kleinfelder– 1. Excused: None. Bill 127: AMENDS CHAPTER 25, ARTICLE 2, DIVISION 4, SECTION 25-2-44, OF THE (Draft 4) HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO CONDITIONS ON CHANGE OF ZONE Requires the Planning Director to include time constraints for the completion or satisfaction of conditions imposed in change of zoning district ordinances that do not revert zoning to a previous zoning district designation or an open zoning designation. Reference: Comm. 694.13 Intr. by: Mr. Inaba First Reading: September 4, 2024 Page 27 Hawaii County Council-48 September 17,2024 Vote on Bill 127: Ms. Galimba moved to pass Bill 127, Draft 4, on second Draft 4 and final reading. Seconded by Ms. Villegas and carried (Adopted) by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Bill 188: AMENDS CHAPTER 19, ARTICLE 7, SECTION 19-57, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE NONDEDICATED AGRICULTURAL USE ASSESSMENT PROGRAM Seeks to change the sunset date of the nondedicated agricultural use assessment program from January 1, 2028, to January 1, 2029, extends the time for property owners in the program to reapply for alternative programs from September 1, 2025, to September 1, 2026, and sets a September 1, 2028, deadline for the director to review all reapplications. Reference: Comm. 967 Intr. by: Ms. Kimball and Mr. Kaneali`i-Kleinfelder First Reading: September 4, 2024 Motion to Approve: Ms. Kimball moved to pass Bill 188 on second and final reading. Seconded by Ms. Galimba. ACTING CHR. INABA: Council Member Kimball. MS. KIMBALL: Thank you. I just encourage my colleagues to support extending the deadline to the application for the new programs out another year to 2026. I want to also just mahalo Real Property Tax and all of the staff over there who have been answering all kinds of questions for the community. And they have on their website now the farm plan as well as a one-page FAQ (Frequently Asked Questions) sheet, which I think will answer a lot of questions for folks about the new programs. And of course, the farm plan is one of the documents that is an option. It's a three-page form, very straightforward. So I encourage folks that still have questions about the programs to start there. And again, I would encourage my colleagues to support this deadline extension. Thank you. ACTING CHR. INABA: Thank you. Any further discussion? Seeing none, all those in favor of adopting Bill 188 at second and final reading,please say "aye." Page 28 Hawaii County Council-48 September 17,2024 Vote on Bill 188: The motion to pass Bill 188 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Bill 189: AMENDS CHAPTER 19, ARTICLE 1, SECTION 19-2, ARTICLE 7, SECTION 19-53, AND ARTICLE 8, SECTION 19-61, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAXES Amends definitions for"Community food sustainability use" and "Diversified agriculture", allows for properties under the Community Food Sustainability Use Assessment and Short-Term Commercial Agricultural Use Dedication programs to be eligible for the Homeowner tax classification if the property is used as the owner's primary residence, and removes the limit of three consecutive, three-year terms for dedication in the Short-Term Commercial Agricultural Use program. Reference: Comm. 968 Intr. by: Ms. Kimball and Ms. Galimba First Reading: September 4, 2024 Motion to Approve: Ms. Kimball moved to pass Bill 189 on second and final reading. Seconded by Ms. Galimba. ACTING CHR. INABA: Council Member Kimball. MS. KIMBALL: Thank you. Just asking for my colleagues' support on this amendment. There were just a few things that came out of the public hearing with regard to the ag programs needed to be amended I think to the benefit of the community. So, hopefully, everyone can support. Thank you. ACTING CHR. INABA: Council Member Galimba, anything to add? MS. GALIMBA: Thanks. Just wanted to also thank the Real Property Tax Department for their heroic efforts in explaining this bill, and my colleague Council Member Kimball for also putting on a great road show and going around and explaining this to folks. I think once it's explained, there's a lot more understanding of why we did this and how folks can fit into the three different programs. So I ask for my colleagues to support these amendments that came back to us and that would tailor the tax programs a little bit better. Thanks. Page 29 Hawaii County Council-48 September 17,2024 ACTING CHR. INABA: Any further discussion? Seeing none, all those in favor of adopting Bill 189 at second and final reading,please say "aye." Vote on Bill 189: The motion to pass Bill 189 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Bill 190: 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 —Volunteers in Service to America Support Grant account($40,000); and appropriates the same to the Volunteers in Service to America Support Grant account. Funds would be used to provide community-based training and regional education from local historians, cultural practitioners, and other sources to AmeriCorps Volunteers in Service to America personnel. Reference: Comm. 979 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: September 4, 2024 Vote on Bill 190: Ms. Galimba moved to pass Bill 190 on second and final (Adopted) reading. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 30 Hawaii County Council-48 September 17,2024 Bill 191: 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 —Hawai`i County Trek the Trails account($96,000); and appropriates the same to the Hawaii County Trek the Trails account. Funds would be used to promote alternative transportation options, pedestrian and bicycle safety, and introduce the community to the interconnectivity provided through the Trek the Trails project. Reference: Comm. 980 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: September 4, 2024 Vote on Bill 191: Ms. Galimba moved to pass Bill 191 on second and final (Adopted) reading. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Bill 192: AMENDS ORDINANCE NO. 24-32, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2025 Increases revenues in the Federal Grants —Volunteer Fire Assist account($17,800); and appropriates the same to the Volunteer Fire Assistance—Federal account, for a total appropriation of$317,800. Funds would be used for public safety supplies for Volunteer Fire Operations. Reference: Comm. 981 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: September 4, 2024 Vote on Bill 192: Ms. Galimba moved to pass Bill 192 on second and final (Adopted) reading. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Page 31 Hawaii County Council-48 September 17,2024 Bill 193: 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 ANY TIME Prohibits parking at any time alongside Kaiminani Drive in North Kona at the following locations: (1) on the south side of Waikane Place from a point 51 feet southeast of Waikane Place extending 399 feet northwest; and (2) on the northside of Waikane Place from a point 75 feet southeast of Anapau Place extending 69 feet northwest of Waikane Place. Reference: Comm. 984 Intr. by: Ms. Lee Loy (B/R) First Reading: September 4, 2024 Motion to Approve: Ms. Lee Loy moved to pass Bill 193 on second and final reading. Seconded by Ms. Galimba. ACTING CHR. INABA: Just want to mahalo DPW (Department of Public Works) for addressing this community concern, and following up with this bill so that the Code aligns with the signs on the road. All those in favor of approving Bill 193,please say "aye." Vote on Bill 193: The motion to pass Bill 193 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. REPORTS: The Acting Chair directed the Council to proceed to the next order of business, Reports. GOEAC-152 NOMINATION OF NATHAN GADDIS TO THE BANYAN DRIVE HAWAII (Comm. 1010): REDEVELOPMENT AGENCY Page 32 Hawaii County Council-48 September 17,2024 Vote on Ms. Lee Loy moved to adopt Governmental Operations and GOEAC-152: External Affairs Committee Report No. 152. Seconded by (Adopted) Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. REFERRALS FOR The Acting Chair directed the Council to proceed to the next order of business, EXECUTIVE Referrals for Executive Session. SESSION: Comm. 1023: CLAIM AGAINST THE COUNTY OF HAWAI`I/INABA ENGINEERING LLC From Claims Investigator Clifford D. Victorine, III, dated August 26, 2024, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter. Motion to Close Ms. Lee Loy moved to close file on Comm. 1023. File: Seconded by Ms. Evans. ACTING CHR. INABA: Before we proceed any further, I do want to share that I am related to the claimants against the County in this case. So I feel it would be best for me to leave the room at this time. Relinquish Chair: At this time, Acting Chair Inaba relinquished the chair to Acting Chair Villegas and left the room. ACTING CHR. VILLEGAS: Opening up for discussion on the opportunity to go into Executive Session. Council Member Evans. MS. EVANS: Thank you, Chair. I read the report on this, and I see no reason to go into Executive Session. So I would recommend to approve the recommendation. Thank you. ACTING CHR. VILLEGAS: Thank you, Council Member Evans. In Hilo? MS. KIMBALL: Council Member Villegas, I concur with Council Member Evans. I support the recommendation of Corporation Counsel. ACTING CHR. VILLEGAS: Great. I think I saw Ms. Kagiwada's head nodding as well. Any other comments? Looks like we all concur that there is not a need to go into Executive Session, Mr. Clerk. Page 33 Hawai`i County Council-48 September 17,2024 Vote on Motion to Ms. Lee Loy moved to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 1023. Seconded by (Approved) Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Acting Chair Villegas—7. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: Council Member Inaba— 1. Vote on The motion to close file on Comm. 1023 was carried by the Comm. 1023: following voice vote: (Filed) Ayes: Council Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Acting Chair Villegas—7. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: Council Member Inaba— 1. OTHER The Acting Chair directed the Council to proceed to the next order of business, BUSINESS: Other Business. (There were none.) ANNOUNCE- The Acting Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) ADJOURN- There being no further business, Acting Chair Villegas adjourned the meeting at MENT: 10:30 a.m. Council Approval: NOV 08 2024 COUNT LI✓ JH/dg Page 34