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HomeMy WebLinkAboutMIN COUNCIL 2024-10-16 2022-2024 Hawaii County Council 501h Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii October 16, 2024 INVOCATION: Kahu Kealoha Ka`opua of Calvary Community Church in Kona gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:04 a.m., in the Council Chambers, 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 Mr. Matt Kaneali`i-Kleinfelder, Member (via videoconference from Hilo; came in later) Ms. Ashley L. Kierkiewicz, Member(via videoconference from Hilo) Ms. Susan L. K. Lee Loy, Member (via videoconference from Hilo) Ms. Rebecca Villegas, Member CHR. KIMBALL: At this time, I would just like for all of us to note that this is Council Member Lee Loy's last official Council meeting before heading on to the statehouse. So let's appreciate her presence today. Thank you, Council Member Lee Loy. 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.) CHR. KIMBALL: Before we begin on presentation of certificates, I just wanted to make note that pursuant to HRS (Hawai`i Revised Statutes) Chapter 92, the Council held a limited meeting yesterday in order to conduct a site visit. The recording of that limited meeting is available on the Council's website where all of the videos can be found, recordings of our meetings. Hawaii County Council-50 October 16,2024 So you just go there, click on "Council," and it's the first link right now on top of the page. If you have any issues accessing the video, please call the Council Services office. Thank you. PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions, MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (Note: At this time: EXPRESSIONS OF 1) Mr. Inaba presented the October 2024 Haweo Award to South Kohala Patrol CONDOLENCE: Officer Michael Abran of the Hawaii Police Department; and 2) Mr. Inaba presented a Certificate of Merit to Legislative Assistant Wendy Baez for her nomination as Employee of the Year for the Office of the County Clerk-County Council.) (Note: A recess was called at the conclusion of each presentation.) 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: Aspen Taylor Hanohano: Res. 666-24 (Comm. 1095), in support. Krishna Davinci: Bill 211 (Comm. 1056), in opposition. Alohalani Hope Cermelj: Res. 636-24 (Comm. 1055); Bill 202 (Comm. 1022); and Bill 212 (Comm. 1057), in support. Deb Lewis: Res. 667-24 (Comm. 1096), in support. Jim Albertini: Bill 206, Draft 2 (Comm. 1049.2), in support. (representing Malu `Aina) (See Comm. 1049.45) Cory Harden: Bill 206, Draft 2 (Comm. 1049.2), in support. Alan Ku: Res. 676-24 (Comm. 1105), in support. (representing Honoka`a Renaissance Faire Committee) Tia Lee Klug-Wessell: Bill 206, Draft 2 (Comm. 1049.2), in support. (representing Malu `Aina) Moanike`ala Muna: Bill 206, Draft 2 (Comm. 1049.2), in support. Page 2 Hawaii County Council-50 October 16,2024 Jessica Waia`u: Res. 673-24 (Comm. 1102), in support. (representing Ku Anuenue) Jason Yagi: Bill 206, Draft 2 (Comm. 1049.2), in support. Julie Tulang: Res. 666-24 (Comm. 1095), in support. (representing Zonta Club of Hilo, Aloha Exchange Club, and Rotary Club of Hilo) Charlene Iboshi: Res. 666-24 (Comm. 1095), in support. (representing Zonta Club of Hilo, Aloha Exchange Club, and Rotary Club of Hilo) Stephen Paulmier: Bill 206, Draft 2 (Comm. 1049.2), in support. Danny Li: Bill 206, Draft 2 (Comm. 1049.2), in support. 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 August 7, 2024, were approved. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON RES. 633-24 The following individual registered to speak and came forward when called by (COMM. 1052): the Chair: Keoni Fox: In opposition. (representing Ala Kahakai Trail Association) Page 3 Hawaii County Council-50 October 16,2024 Res. 633-24: AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN OF A PORTION OF TAX MAP KEY: 9-5-007:016, SITUATED AT KAHILIPALI IKI AND KAHILIPALINUI AHUPUA`A, DISTRICT OF KA`U, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, FOR THE NA`ALEHU WASTEWATER TREATMENT PLANT Authorizes the Corporation Counsel to initiate proceedings for the taking, acquisition, and condemnation of private property for the construction of a wastewater treatment plant required by the Administrative Order on consent entered with the U.S. Environmental Protection Agency. Reference: Comm. 1052 Intr. by: Mr. Inaba(B/R) Approve: LAAC-69 Note: First of two required readings, Section 101-13, Hawaii Revised Statutes (Note: Comm. 1052.3, from Environmental Management Deputy Director Brenda Iokepa-Moses dated October 15, 2024, transmitting a PowerPoint presentation, was circulated.) Motion to Approve: Mr. Inaba moved to pass Res. 633-24 on first reading and adopt Legislative Approvals and Acquisitions Committee Report No. 69. Seconded by Ms. Kagiwada. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: Thank you. In our MS. GALIMBA: Excuse me. I need to recuse myself due to having financial conflicts with this. Thank you. CHR. KIMBALL: Thank you. Understood, thank you. MR. INABA: Thank you. With that, we have in our pinkie (folder) today Communication 1052.3, and it is a PowerPoint presentation from the Department of Environmental Management. We have with us this morning Deputy Director Brenda Iokepa-Moses, Department of Environmental Management. Deputy, if you could walk us through this quickly. We did have a brief presentation in Committees, so we don't want to get bogged down on our Council day, but go ahead. (Note: At this time, Environmental Management Deputy Director Brenda Iokepa-Moses came forward to address the members of the Council.) MS. IOKEPA-MOSES: Understood. Can you guys hear me okay? Page 4 Hawaii County Council-50 October 16,2024 MR. INABA: Yes. MS. IOKEPA-MOSES: Good morning. I'm Brenda Iokepa-Moses, Deputy Director of Department of Environmental Management; also a homeowner, a community member in this district. My boss is Ramzi Mansour. He's allowed me to be the boss on this project. This weighs very heavily on me. I've been involved in this project since the start. So, like you said, I'm not going to go through every item on this presentation. It's just for your reference. You guys know our numbers and can call us. But I did want to show the significance in the movement forward, the communications, and what was agreed to. (Note: At this time, Ms. Iokepa-Moses provided a PowerPoint presentation to the members of the Council. For viewing of the subject presentation, see the DVD copy of the meeting proceedings on file in the Clerk's Office or navigate to the Council's video archives from the County's homepage at www.hawaiicounty.gov. A copy of the PowerPoint presentation is made a part of the record, see Comm. 1052.3.) MR. INABA: Thank you, Deputy Director. With that, I think the best course of action right now would be to allow you folks to continue to work together. It sounds like there's a willing seller. You've talked about going into escrow within 90 days, it looks like. And with that, I would maybe recommend that we postpone this item to the call of the Chair. It allows it to—if purchasing doesn't work out, then we can continue with this process, but it seems that there has been some progress in terms of access to the site. And if we continue with the exclusion of that one acre that was requested by Ala Kahakai Trail Association, we can hit a good spot that acknowledges and addresses the concerns with the EPA's (Environmental Protection Agency's) order, and also respects and tries to honor the request by ATA (Ala Kahakai Trail Association). So I don't support ending this resolution, as was mentioned by Mr. Fox. I think it needs to remain as a viable option. But if we can proceed with normal purchasing processes, then I think that would be in the best interest of all parties involved. Just wanting to get your(inaudible). MS. IOKEPA-MOSES: Yeah, I have—like this is going for second reading. Our hope was that— CHR. hatCHR. KIMBALL: If I may just interject. I see that the request is for a hold for the second reading. Resolutions only have one reading in Council. MS. IOKEPA-MOSES: For eminent domain? Because I think it has to go CHR. KIMBALL: So it either passes today or it's held to the call of the Chair. Page 5 Hawaii County Council-50 October 16,2024 MS. IOKEPA-MOSES: It's my understanding MR. INABA: Sorry. For eminent domain, there are two CHR. KIMBALL: Oh, you're right. That is correct. MR. INABA: Full Council readings. So we're at first reading and, yeah. So, sorry, could you continue, Deputy? MS. IOKEPA-MOSES: Yes. So that was our hope because this is not a quick process, eminent domain, like I said, and could take up to a year. We don't have the luxury of that time. So we were hoping that, passing this resolution on the first reading, that we can come back in front of you with Keoni Fox and say we've made this amount of progress and that we're in escrow, potentially, or we have—moving forward, we've come to agreement. But if not, then we need to have this as a tool in our toolbox so we can show the EPA that says—and, like, the resolution is not a legal action. So it's just to say if we need to go through the court proceedings, we'd have that in our toolbox to move forward with that, and that's why that additional 90 days after the second passing that we would say, has there been a good faith effort on both sides to get this into escrow? It helps us by expediating the process. So there's no way that we're going to hold it back. But we just need to make sure that it's not delayed in order to potentially—in the middle of administrations you have an idea, right, (inaudible). MR. INABA: Thank you. With that, I don't—I'll speak for myself and say that I don't support derailing this project. I know a lot of effort went in, and I just don't support continuing on this eminent domain taking, if you will, when we haven't necessarily explored all options, and we're not seeing the full extent of what that partnership could be. And if we leave it and postpone it at the current step, I feel like that is very strong motivation for the current property owner to work with you folks, because if not, this train will continue moving. But if we move this forward, I don't think that isleaving it where it is, in my opinion, gives both parties the best motivation to move forward on the sale. So I would support leaving it and postponing where it currently is. And if there isn't a sale in process, I will support continued movement of the resolution. With that, Chair, I'll yield. CHR. KIMBALL: Thank you, Vice Chair Inaba. Council Member Evans. MS. EVANS: Thank you. I'm getting into the details of the way the resolution was written, and you have a"WHEREAS"where you require not only the acquisition of the acreage, you're also saying you want the non-exclusive use of any other reasonable and necessary easement routes maintained by ATA that allow passage through the property to access the project site. So, if you were to Page 6 Hawaii County Council-50 October 16,2024 pursue with eminent domain, it would be not only getting the land, but at some point in time, you would—if you went through eminent domain, would you already know what easement routes you need? MS. IOKEPA-MOSES: So there's a small portion of land that we need to go over ATA's property to get to the site. By the conservation easement, it already stipulates that the holder of the conservation easement is to maintain all internal roads already. So it's not an extra stipulation. It's just enforcing what the conservation easement has already implied. The road, like I said, through the pasture, we're going to do the improvements on that to make sure that it's in there for the access for them. MS. EVANS: But the way you wrote it, it says, "any other reasonable and necessary,"which kind of sounds like you had not yet identified them. I'm just curious. If you go to eminent domain, they would probably want to know what you want. It just seems like it's kind of open-ended with that language. (Note: At this time, Environmental Management Director Ramzi Mansour came forward to address the members of the Council.) MR. MANSOUR: Thank you. That's a good question. It is a bit complex, given all the agreements that's been taking place. The Waikapuna Resources Management Plan in front of me kind of details—it was done June 2023. It kind of points out certain access that need to be maintained by the grantor and to maintain access for the public that's going to be using the site the beach and the villages and what have you. They also intended to construct a visiting center right adjacent to the property. That road going to the visiting center also will serve the property because they just finished a fence. And that's where everything's going to work out, is through the design layout. And this allows us to have the eminent domain allows us it's a tool in our box that allows us, if the sale does not go through, allows us to present it to the judge and get fair judgment equitable to both parties. MS. EVANS: I'm just making sure that your`BE IT RESOLVED" matches your "WHEREAS." If you pursue eminent domain, it'll be more than just the acreage. It'll actually be easement route. You'll get both, right? MR. MANSOUR: Yes, and we'd(inaudible). MS. EVANS: Okay, but it's not the `BE IT RESOLVED." I just want to make sure we do it so we don't—people come back with we weren't clear enough. That's all I'm saying. So, to Corporation Counsel Strance, should we, in the `BE IT RESOLVED" I have a question for you. Page 7 Hawaii County Council-50 October 16,2024 MS. IOKEPA-MOSES: Yeah, I think we do have Diana Mellon-Lacey, our corporation counsel, on the Hilo side if you have any questions as well. MS. EVANS: Okay. We'll call up the Deputy Corporation Counsel in Hilo. MR. MANSOUR: Yeah, I think she's in Hilo. MS. LEE LOY: Yeah, she's here. MS. EVANS: Thank you. (Note: At this time, Deputy Corporation Counsel Section Chief Diana Mellon-Lacey came forward to address the members of the Council.) MS. MELLON-LACEY: Good morning. Deputy Corporation Counsel Diana Mellon-Lacey. Can you please repeat your question for me? MS. EVANS: Yes. I'm looking at the way the resolution was written. And in the "WHEREAS," it talks about not only the 28.739 acres, it's also saying they want easement routes so they can get passage to the project site. And all I'm saying is in the `BE IT RESOLVED," it's saying to initiate eminent domain proceedings on the 28.739 acres but is silent on the easement routes. MS. MELLON-LACEY: Yes, and I think part of that problem is that those routes have not been delineated at this time without the ability to get on the property. MS. EVANS: I just want to make sure that we've written it right. Do you need to mention it in the `BE IT RESOLVED" or can it be silent? MS. MELLON-LACEY: Well, I think it could be mentioned, but ultimately, you can't really finalize a division of landlocked property. So the court would have to allow an easement or the County to access the property in any event. MS. EVANS: Thank you. MS. MELLON-LACEY: I don't think it's a fatal flaw. MS. EVANS: Good. I think it's important, if we go through this, that we don't have to come back. Thank you. I also want to comment that I was encouraged by the testimony from ATA, saying that they feel there's ongoing good discussions going on right now, but I doI really support your recommended idea of postponing it to November 20'h because you also, I believe, are encouraged by the communication. So, anyway, I'm supportive of that recommended solution. Thank you. I yield. Page 8 Hawaii County Council-50 October 16,2024 CHR. KIMBALL: Thank you, Council Member Evans. Council Member Villegas. MS. VILLEGAS: First off, I want to commend DEM (Department of Environmental Management) for all the hard work that you had to put into getting us at this point. I suppose the only upside is that, in that time frame, the technologies surrounding wastewater management have really improved. And in looking at this presentation, I see that reflected in the opportunities to utilize the effluent, and have some kind of a positive outcome resource with creating the feed for ranch animals. So thank you for looking into those more evolved ways for managing our wastewater. In this whole circumstance, it's ironic in its complexity and it's beautiful in its opportunity. This land was saved in perpetuity. But it is my understanding, from the documents, that it was agreed that this portion of the property would be utilized by the County of Hawaii to build the much-needed and long-overdue wastewater treatment facility for the betterment of the community in that area. And so, as much as my heart feels the pain of having to sacrifice this portion of the property, for me, it's the good outweighs the bad and the broader purpose and service. And so there is a mourning. There is a loss in sacrificing this small piece of property, but that is what was agreed upon going into this. And so I do believe that it is a viable sacrifice to be made. And we, as a county, have a responsibility not only to the EPA, but to our constituents to move forward with responsible management of our wastewater and transitioning to upgraded facilities. I see best efforts put forward to do that here. I think it's unfortunate in this land of legalese that then even just the term "eminent domain" makes people feel kind of freaked out and it feels negative. But it is my understanding from DEM that this is kind of covering your butt, essentially, so if anything goes wrong, that we can continue moving forward and we don't put the County itself in jeopardy with the Federal Government. So I appreciate this deck. I appreciate the time and effort. I also appreciate the good faith that you guys have gotten together and met over the last two weeks, which is what we requested in our last meeting. So I would like to see this continue to move forward, get us where we need to get to. And my heart does go out to you, Mr. Fox. I get it. I honor the sacrifice that this parcel entails for your heart. And unfortunately in life, sometimes it is that sacrifice for the greater good because it's going to get us where we need to go. And every piece of`aina is sacred and special and would like to be conserved. Unfortunately, we, as humans, have a lot of work to do in how we manage our waste as a whole. And that community is in dire need of this, and we have a responsibility to move forward with this project or we're going to be in even deeper kukae, right? So I'll be supporting this moving forward. Page 9 Hawaii County Council-50 October 16,2024 I appreciate these recommendations and will continue to look forward to next steps and keeping us posted, and you guys continuing to work together and getting us where we need to go with best intentions. All right. Thank you, I yield. CHR. KIMBALL: Thank you, Council Member Villegas. Checking in Hilo? Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. This question is for Corporation Counsel. Good morning. MS. MELLON-LACEY: Thank you. Deputy Corporation Counsel Diana Mellon-Lacey. MR. KANEALI`I-KLEINFELDER: Thank you, Ms. Mellon-Lacey. A simple question: Is a County resolution required for the purchase of the property, regardless of eminent domain or anything else? Does the County have to have a resolution in place to authorize the purchase of property by DEM from ATA? MS. MELLON-LACEY: No, not if it doesn't go through eminent domain. Oddly, the County resolution would be required to dispose of any property, but not the purchase. MR. KANEALI`I-KLEINFELDER: Okay. And then thank you. That was very helpful. Secondly, for the environmental management administration folks in Kona, I'm looking at the last slide that you submitted in your Communication 1052.3. It's pretty clear that you're asking for passage today, but will ask for a second reading of Resolution 633-24 to be postponed to November 20''. Is that correct? MS. IOKEPA-MOSES: That is correct. Thank you for that because I think, Council Member Evans, I was going to try to reemphasize that. The first passing, you guys can always see how much production we have made before the second passing with ATA. That's our hope. MR. KANEALI`I-KLEINFELDER: Thank you, Deputy Director. Mr. Henricks, I believe you prefaced this resolution by saying this requires two readings of the Council at Council, or two readings total—Committees and Council? The County has two readings. MR. HENRICKS: Just easier to think that whatever happens in Committees never counts towards a reading under any circumstance. That's my long way of saying two readings at Council. MR. KANEALI`I-KLEINFELDER: So we need two readings at Council then. Page 10 Hawaii County Council-50 October 16,2024 MR. HENRICKS: Yes, sir. That's pursuant to State law for any condemnation. MR. KANEALI`I-KLEINFELDER: Okay. So the request by the department is correct, to pass today and then hear it again? MR. HENRICKS: Procedurally, that wouldn't be something that is typical, as when the Council passes something, it appears on the next agenda. And once it adopts a motion to pass something, the matter's disposed of. There wouldn't be an opportunity to postpone it. MR. KANEALI`I-KLEINFELDER: Mr. Clerk, so you're saying we pass this today and it goes away? Or we pass this today and it has to be heard again? MR. HENRICKS: Think of a bill that passes first reading. Once it passes first reading, the matter is disposed of and it goes on to the next agenda. There's no more discussion on the matter. I don't know—it would take internally for the Chair to withhold it from the agenda, but I don't know if the Chair has that authority to do so. It's something the Council has done by making them by adopting the motion to pass on first reading, the matter is disposed of off the agenda. There's no more discussion. There's no more motions on the matter. So I don't know how the Council could adopt the motion to pass on first reading, and then subsequently, make a motion to hold it off of the November 7 agenda. MR. KANEALI`I-KLEINFELDER: Okay, understood. I agree with some of my counterparts here on the Council that we need to keep this alive and moving, in case the negotiations do not finish for the acquisition of the property. And I understand, from Mr. Henricks, that this needs to pass both today and at another reading in the future. The department is requesting November 20''. So my request, then, would be to pass it today, and then, at the next hearing, we would postpone to a different date. Thank you. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Coming back here to Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. First of all, I just want to commend both ATA and DEM for the hard work that you've been doing since our last discussion about this. I think it's really commendable that you've both come together and have put in a lot of effort and a lot of time on this. It sounds like things are progressing well. I do understand the land steward's concern about the term "eminent domain" and even the process. But I heard very clearly from DEM today that they would prefer a private sale. They have a lot of—that you have a lot of reasons to want to make that work. So I think I'm going to agree with some of my colleagues that say it's our kuleana as a County to really keep this eminent domain moving as a possibility,just so just in case, I do have hope and trust that you guys can work Page 11 Hawaii County Council-50 October 16,2024 something out, that we don't have to go that route, but we do need to move it along. So I would agree with my colleague Mr. Kaneali`i-Kleinfelder moving this along, and then, at our next meeting,postponing until the 20th. I yield. CHR. KIMBALL: Thank you, Council Member Kagiwada. Returning to Hilo, Council Member Lee Loy, you had your light on. MS. LEE LOY: Absolutely. Again, like my colleagues, thanking both sides of this conversation and their hard work at it. I am in absolute agreement of moving this forward, and for all the reasons my colleagues have stated. I just have to reflect on two weeks ago when we floated a bond to address our wastewater issues. And it makes me reflect on the decisions that led to kind of that"kicking the can down the road,"where we ended up having to float the largest bond Hawaii County has ever had to do to address our wastewater needs. And it's within that vein that I would love to see this keep going forward. And then when the business decision is made where everybody has been working hard and there might be another alternative, whether it is a private sale or other wastewater solutions, but I do think this is the pathway forward. I'm a big proponent of when it comes to adhering to the Charter and ensuring that we're moving these big pieces of infrastructure forward like our waste, not only solid but wastewater, I think this is really some of the duties that the framers of our Charter set out for us. And so I'm in support of moving this forward and allowing the Council, at a future date, to make the business decision on how to proceed. I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Anyone else? All right, seeing none, I think we should probably,just out of caution, take a roll call on this, Mr. Clerk. Vote on Res. 633-24: The motion to pass Res. 633-24 on first reading and adopt (Approved) Legislative Approvals and Acquisitions Committee Report No. 69 was carried by the following roll call vote: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—7. Noes: Council Member Inaba— 1. Absent: None. Excused: Council Member Galimba— 1. CHR. KIMBALL: As per the discussion, we'll have it come back at the next meeting of the Council, at which point we will make the decision about whether or not to postpone. Page 12 Hawaii County Council-50 October 16,2024 Res. 634-24: AUTHORIZES THE MAYOR TO ENTER INTO A MULTI-YEAR AGREEMENT WITH HAWAIIAN TELCOM, INC. FOR CENTREX BIZ PLUS SERVICE FOR THE HAWAII POLICE DEPARTMENT AND HAWAII FIRE DEPARTMENT Authorizes the Mayor to enter into a three-year agreement at an estimated cost of $22,875 for the Police Department and $11,730 for the Fire Department, for the new joint communications center located at 540 Kupuna Place. Reference: Comm. 1053 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-202 Vote on Res. 634-24: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 634-24 and (Adopted) Finance Committee Report No. 202. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —6. Noes: None. Absent: Council Members Galimba, Lee Loy, and Villegas —3. Excused: None. Res. 635-24: AUTHORIZES THE MAYOR TO ENTER INTO A MULTI-YEAR AGREEMENT WITH DIAGNOSTIC LABS SERVICES INC. FOR BLOOD COLLECTION LABORATORY SERVICES Authorizes the Mayor to enter into a three-year agreement with an estimated cost of $500 per year, to provide blood collection laboratory services for the Hawaii Fire Department to be in compliance with its Bloodborne Pathogens/Infectious Disease Exposure Guidelines. Reference: Comm. 1054 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-203 Vote on Res. 635-24: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 635-24 and (Adopted) Finance Committee Report No. 203. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —7. Noes: None. Absent: Council Members Lee Loy and Villegas —2. Excused: None. Page 13 Hawaii County Council-50 October 16,2024 Res. 636-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF TRANSPORTATION, PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE COUNTY OF HAWAII MASS TRANSIT AGENCY Allows for the receipt of$1,145,239 in federally-derived funds to purchase Americans with Disabilities Act vans to accommodate the increase in ridership within the Paratransit Program. Reference: Comm. 1055 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-204 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 636-24 and Finance Committee Report No. 204. Seconded by Mr. Inaba. CHR. KIMBALL: Any discussion? Yes, go ahead, Council Member. MR. KANEALII-KLEINFELDER: I wanted to just comment. At the last hearing in Committees, Council Member Kagiwada inquired about the possibility of using these grant funds for zero emission vehicles. This is a discussion revolving around getting, I think, what we consider microtransit for our community. I like that idea. And what I've learned in my time here has been that the RFP (request for proposal) is incredibly important. And I would urge, along with Council Member Kagiwada, if she still feels that way, that we should be moving in this direction. We're actually under a mandate to move in that direction. And the language for zero emission vehicles should be included in the RFP as the department goes forward. So I'm going to make that note and just support the comments of my fellow Council Member. Thank you. CHR. KIMBALL: Thank you, Council Member. Anyone else? Yes, Council Member Kagiwada. MS. KAGIWADA: Thank you. And thank you for that, Council Member Kaneali`i-Kleinfelder. Yeah, I absolutely agree that, whenever possible, we should be really moving in that direction and not pushing that further off. We have a long way to go. So any of those times we can take those bites of our big elephant, that is our fleet moving towards electric, or zero-emissions, vehicles, I think we should try to do that. I know there were some reasons that were given of why they didn't want to do it this time, but maybe we can just urge them to relook at that and please kind of push a little harder to see if they could possibly do some or all of these as zero emissions. So I would just lend my voice back to that. I yield. CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else? Yes, Council Member Kaneali`i-Kleinfelder. Page 14 Hawaii County Council-50 October 16,2024 MR. KANEALII-KLEINFELDER: A final plug from our State of Hawaii climate change portal actually saying that Hawaii State has committed to progress towards a climate-ready Hawaii, meaning 100 percent zero emission, public-, government-owned transit bus fleets by 2030. Thank you. CHR. KIMBALL: Thank you, Council Member. All right, seeing no further comments, all those in favor please say "aye." Vote on Res. 636-24: The motion to adopt Res. 636-24 and Finance Committee (Adopted) Report No. 204 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. 658-24: AMENDS RESOLUTION NO. 464-24 TO ADD THE EMERGENCY SOLUTIONS GRANT PROGRAM TO THE 2024 COUNTY OF HAWAII ANNUAL ACTION PLAN TO BE SUBMITTED TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND TO MODIFY THE AUTHORIZATION TO EXECUTE AGREEMENTS Adds the Emergency Solutions Grant Program to allow for the direct receipt of federal funding and clarifies that only the Mayor may execute and submit agreements related to the 2024 County of Hawaii Action Plan. Reference: Comm. 1081 Intr. by: Ms. Evans (B/R) Approve: GOEAC-161 Motion to Approve: Ms. Evans moved to adopt Res. 658-24 and Governmental Operations and External Affairs Committee Report No. 161. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Evans. MS. EVANS: We had good discussion, I thought, in Committee. I have no questions. I recommend we approve. Thank you. CHR. KIMBALL: I believe we do have housing in Hilo chambers if there are any questions. Any further discussion from folks? MR. KANEALII-KLEINFELDER: We do have members from housing here in Hilo. Page 15 Hawaii County Council-50 October 16,2024 CHR. KIMBALL: Thank you. All right, seeing none, all those in favor please say "aye." Vote on Res. 658-24: The motion to adopt Res. 658-24 and Governmental (Adopted) Operations and External Affairs Committee Report No. 161 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. 664-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI-FUNCTION COPY MACHINE FOR THE ANIMAL CONTROL AND PROTECTION AGENCY Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$300, to be used by the department's East Hawaii office. Reference: Comm. 1090 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 664-24. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. This was waived to Council to expedite the process. This is for a multi-function copier for five years. The total lease is estimated at$18,000. Thank you. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 664-24: The motion to adopt Res. 664-24 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. Page 16 Hawaii County Council-50 October 16,2024 Res. 666-24: RECOGNIZES OCTOBER AS ANTI-BULLYING AWARENESS MONTH AND PROMOTES EFFORTS TO TAKE A STAND AGAINST BULLYING IN HAWAII COUNTY Encourages all residents, schools, businesses, and organizations to work together to create an atmosphere of zero tolerance for bullying. Reference: Comm. 1095 Intr. by: Ms. Kierkiewicz Waived: GOEAC Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 666-24. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. First, I just want to acknowledge yourself and Council Member Evans for waiving out of Committee so that we can hear this important measure at Council. As you know, October is anti-bullying awareness month. And I think the spiritual message that was shared with us today about communication resonates really well with this particular resolution. And I know that resolutions are symbolic, but as a Council, this is one of the tools that we have to raise awareness on issues, spark conversation, and inspire action. It was really wonderful to hear from some members of our community: Aspen Taylor Hanohano, about the work that she is doing, her leadership around anti-bullying; as well as our Zonta Club of Hilo, all the initiatives they do to promote peace and respect from little age to adults here in our community. As the resolution states, bullying remains in the shadows and can have incredibly devastating and lasting consequences on members of our community. It's not just confined to schools or workplaces. Even now in the digital age, bullying can happen online. And it really does a lot to undermine the safety and well-being of our community, but most especially our children. Studies have shown that individuals who are bullied are more likely to experience depression, anxiety, and even contemplate suicide. And these impacts go beyond the individual, and affect families and communities. When one person feels unsafe, it really does diminish the sense of aloha that binds us together as a community. And so, with this resolution, it is a reminder, a call to action to our community to talk openly about bullying, to teach our youth to recognize it, and to create environments where children are feeling safe reporting it but also standing up for one another. All of us—Council Members, community members, parents we can lead by example and model kindness, empathy, and respect in our interactions and in how we speak to each other, and create spaces where everyone is safe and respected. So just urging my colleagues to support this resolution today. Thank you. I yield. Page 17 Hawaii County Council-50 October 16,2024 CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else over there in Hilo before we come back to Kona? Yes, Council Member Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: Just mahaloing Council Member Kierkiewicz for bringing this forward. And then just a note to Council Services: maybe next year we skip this number. Just don't like that number. Seriously, though, this is an incredibly important issue in our community and not just in schools and at a young age, but I think all the way through to our adult years, and creating a better community for everyone here. So mahalo for this. I appreciate it. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Anyone else? All right, seeing none, I would like to take this opportunity to thank you, Council Member Kierkiewicz, for bringing this forward at this time. I felt like it was a good opportunity to speak to all of the volunteers that serve on our boards and commissions,just out of the goodness of their heart, with a sense of community. And I have observed certain sort of aggressive tactics by folks that come and participate in some of those meetings, particularly the recent CDP (Community Development Plan) Action Committee. Bullying takes many shapes and forms. Particularly addressing that with children in our schools, getting ahead of it early is super important. But I also want to talk about just our responsibility as citizens is to maintain decorum and respect in those types of hearings, especially when we're talking about community members that are volunteering their time to help support the community. So thank you for providing the opportunity for me to make that statement. All right, moving forward yes, Council Member Evans. MS. EVANS: I just want to thank you for bringing this forward. It is Domestic Violence Awareness Month, also, and so I think there can be a link between bullying and domestic violence. If people start young with these types of behaviors, bullying, in time they could potentially very escalate to be—domestic violence can be more. It can be emotional. It can be physical. It can be financial. But I think there is that link, and it's about behavior that harms another. And so thank you for doing that. We do not have a reso (resolution) on Domestic Violence Awareness Month, but I wanted to let everybody know. Thank you, I yield. CHR. KIMBALL: Thank you, Council Member Evans. With that, we will proceed with the vote. All those in favor,please say "aye." MS. LEE LOY: Oh, I'm sorry, Chair. CHR. KIMBALL: Oh, I'm sorry. Thanks for speaking up. Council Member Lee Loy, please go ahead. Page 18 Hawaii County Council-50 October 16,2024 MS. LEE LOY: Thank you. I think—one, appreciate Council Member Kierkiewicz for advancing this. But we recognize a whole bunch of programs during October. I think what I wanted to share is, in addition to it being anti- bullying month, domestic violence month, it also is mental health awareness month. And I think all of these things coupled together really speak to not only solving for problems around bullying, but also ensuring that we are being supported through our mental health process to help address these issues. So thank you to my colleague for bringing awareness around all of these critical components about what leads us to our best self. So thank you very much. CHR. KIMBALL: Thank you very much, Council Member Lee Loy. Council Member Kagiwada. MS. KAGIWADA: Just real quickly. Thank you, Council Member Kierkiewicz, for bringing this forward. Very supportive. Yeah, when I think of everything that's going on in this world and the way adults act towards each other, which this addresses as well, but yeah, how our keiki treat each other is going to determine how our community is in the future. So super important and appreciate you bringing this forward and to the attention of our community. So thank you very much and I'll be supporting. I yield. CHR. KIMBALL: Thank you, Council Member Kagiwada. All right, all those in favor of adopting Resolution 666-24,please say "aye." Vote on Res. 666-24: The motion to adopt Res. 666-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball–9. Noes: None. Absent: None. 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 19 Hawaii County Council-50 October 16,2024 Bill 134: AMENDS CHAPTER 25, ARTICLE 2, SECTION 25-2-42 OF THE HAWAII (Draft 3) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO AMENDMENTS INITIATED BY PROPERTY OWNERS AND OTHER PERSONS Requires the Planning Director to submit a subject area report to the applicable planning commission and County Council along with each change of zoning district application. The report would specify all changes of zone granted to surrounding properties, any incomplete and time sensitive conditions applied at the time of the change of zone, and the maximum number of lots into which each surrounding property could be subdivided. Surrounding properties would include properties within 1,000 feet of the property for which the change of zone is sought for applications in the State Land Use Agricultural District, and properties within 300 feet of the property for which the change of zone is sought for applications in the State Land Use Urban District or State Land Use Rural District. Reference: Comm. 741.10 Intr. by: Mr. Inaba and Ms. Evans Referred to Planning Commissions: April 2, 2024 Approve: PCPLUD-14 Motion to Approve: Mr. Inaba moved to pass Bill 134, Draft 3, on first reading and adopt Policy Committee on Planning, Land Use, and Development Committee Report No. 14. Seconded by Ms. Evans. CHR. KIMBALL: Council Member Inaba. MR. INABA: Thank you. I just want to mahalo the Council for your feedback and getting the bill to a workable place where we can get a report that is worthwhile and meaningful when the commissions and the Council take up these land use applications. Ask for your continued support. Mahalo. CHR. KIMBALL: Thank you, Vice Chair Inaba. Anyone else? All right, seeing none, all those in favor please say "aye." Page 20 Hawaii County Council-50 October 16,2024 Vote on Bill 134: The motion to pass Bill 134, Draft 3, on first reading and Draft 3 adopt Policy Committee on Planning, Land Use, and (Approved) Development Committee Report No. 14 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Bill 204: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 1, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SPEED LIMITS Establishes County speed limits of either 25 or 35 miles per hour for certain portions of the Akoni Pule Highway between Highway 250 and the Polulu Valley Lookout. Reference: Comm. 1046 Intr. by: Ms. Lee Loy (B/R) Approve: PCIA-15 Motion to Approve: Ms. Lee Loy moved to pass Bill 204 on first reading and adopt Policy Committee on Infrastructure and Assets Committee Report No. 15. Seconded by Ms. Evans. CHR. KIMBALL: Any discussion? Council Member Evans. MS. EVANS: Thank you. It's Akoni Pule Highway in North Kohala. This is to basically, it's kind of a housekeeping bill because the County and the State transferred roadways. And we took over Akoni Pule Highway, which was a State highway. It's now County and we want to get it into Code where the speed limits are. So thank you. I ask for your support. CHR. KIMBALL: Thank you. Any further discussion on this item? Yes, Council Member Lee Loy. MS. LEE LOY: Thank you. And thank you, Ms. Evans, for sharing the concerns for that community. We did, in Committee, have a concern raised about the maps and the attachments that's provided to us. I did have a discussion with Director Pause, and I know Council Member Inaba wanted to understand and have a little bit more clarity. The business decision is that the ordinance itself is housed within that chapter, but the maps aren't advanced into the chapter. And if there is any need to do some legislative history and review, the maps are then housed with the Clerk's office with our records. And so we had hoped to bring Page 21 Hawaii County Council-50 October 16,2024 that clarity for Mr. Inaba; however, the way we house our ordinances is in two parts. The maps will not be attached and made part of the entire ordinance, but they can be found in our record system. Thank you, I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Vice Chair Inaba. MR. INABA: Thank you, Council Member Lee Loy, for that clarification. The request that I made was more so for when we are deliberating on the bills, that we are able to clearly tell where changes are being made. And understanding that the maps won't make it into the Code itself,just requesting, moving forward, the Department of Public Works provide a map that clearly we're able to match up the written words with certain parts on the map. Because, right now, bullet points are not lining up in order with whatever you're seeing on the map. So the request stands for the Department of Public Works and any other maps that the Council might have to review when we're making these decisions. But thank you for the clarification. CHR. KIMBALL: Thank you, Vice Chair Inaba. Anyone else? MS. LEE LOY: Chair, Director Pause is in the Hilo chambers, and I just wanted him to acknowledge that request for Mr. Inaba. (Note: At this time, Public Works Director Stephen Pause came forward to address the members of the Council.) MR. PAUSE: My apologies for being late. Steve Pause, Director of Public Works. CHR. KIMBALL: Director Pause, were you able to just hear the request from Vice Chair Inaba for future ordinances of this kind? MR. PAUSE: I came in right at the end. If it's requesting providing better visuals and maps for these sorts of things, I think that's been brought up before. If we're still falling down on that one, I'll make sure that it doesn't happen again. CHR. KIMBALL: Thank you, Director. I will ask Vice Chair Inaba to speak to you directly about the recommended template for maps going forward. So, appreciate your willingness to work with us. Thanks for being here. All right, any further discussion? All right, seeing none, all those in favor please say "aye." Page 22 Hawaii County Council-50 October 16,2024 Vote on Bill 204: The motion to pass Bill 204 on first reading and adopt (Approved) Policy Committee on Infrastructure and Assets Committee Report No. 15 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Bill 205: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-279, SCHEDULE 27, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PARKING ON PAVEMENT PROHIBITED AT ALL TIMES AND 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 Establishes parking restrictions for certain portions of Opelo Road in Waimea. Reference: Comm. 1047 Intr. by: Ms. Lee Loy (B/R) Approve: PCIA-16 Motion to Approve: Ms. Lee Loy moved to pass Bill 205 on first reading and adopt Policy Committee on Infrastructure and Assets Committee Report No. 16. Seconded by Ms. Evans. CHR. KIMBALL: Any discussion? Council Member Evans. MS. EVANS: At Committee hearing, we kind of went into depth on this. I don't know if there's any more questions, but it clearly is for public safety. The road and the shoulders on the side do not lend itself to having angled parking, and it was creating a big problem. So it really has helped, I think, the community for public safety reasons. We do not have sidewalks. People walk in the road there. It's much safer. So I ask for your support. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Anyone in Hilo? Seeing none, all those in favor please say "aye." Page 23 Hawaii County Council-50 October 16,2024 Vote on Bill 205: The motion to pass Bill 205 on first reading and adopt (Approved) Policy Committee on Infrastructure and Assets Committee Report No. 16 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Bill 206: REPEALS ORDINANCE NO. 84-39 AND AMENDS CHAPTER 14, ARTICLE 8, (Draft 2) SECTION 14-44, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO NUCLEAR ENERGY Repeals Ordinance No. 84-39 enacted in 1984 to specify that United States military operations are exempt from and not to be impeded by prohibitions on the transportation or storage of radioactive material. Reference: Comm. 1049.2 Intr. by: Mr. Inaba Approve: PCHSW-16 Motion to Approve: Mr. Inaba moved to pass Bill 206, Draft 2, on first reading and adopt Policy Committee on Health, Safety, and Well- Being Committee Report No. 16. Seconded by Ms. Villegas. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: Thank you. Just want to take this opportunity to mahalo all the testifiers who have come out in support of this bill, and ask for your continued support. Mahalo. CHR. KIMBALL: Thank you, Vice Chair Inaba. Any further discussion here in Kona? Seeing none—anyone from the Hilo side? Seeing none, I'm just going to ask Corporation Counsel there was some testimony about the County's jurisdictional authority to pass a resolution of this nature. And so I'd ask Judge Strance to just comment on that quickly in response to some of that testimony. Thank you, Judge Strance. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Thank you. Elizabeth Strance, Corporation Counsel. Thank you. So the bill removes a provision that specifically authorize the military to carry on activities. So the bill removes that. If there are Federal laws, those Page 24 Hawaii County Council-50 October 16,2024 would trump any County law. And just because there's been some comment regarding Pohakuloa, I would note according to the DLNR (Department of Land and Natural Resources) website, that site, the military site is about a hundred thousand acres. Approximately 80,000 of those acres are actually owned by the Federal Government or U.S. (United States) Army, with the remaining 20,000 acres being owned by the State. So to the extent that there may be State or Federal laws governing those properties, they would supersede any County prohibition. But the bill does clearly state that anywhere that the County does have jurisdiction, those activities are excluded. CHR. KIMBALL: Thank you, Council—Corporation Counsel Strance. I almost honorarily made you one of us. But thank you for that clarification, and I just wanted to have that on the record in response to some of the questions that were raised in testimony that was submitted online. With that, any further comments? Seeing none, all those in favor please say "aye." Vote on Bill 206: The motion to pass Bill 206, Draft 2, on first reading and Draft 2 adopt Policy Committee on Health, Safety, and Well-Being (Approved) Committee Report No. 16 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Bill 209: AMENDS SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—20 ACRES (A-20a) TO FAMILY—AGRICULTURAL— 1 ACRE (FA-1 a) AT NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-004:011 (Applicant: Wattie Elizabeth Kaiokalani Green) (Area: 4.985 Acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to subdivide property into four lots. The property is located mauka of Kaiminani Drive on Old Government Mauka Road, approximately 800 feet south of its intersection with Hawaii Belt Road. Reference: Comm. 1051 Intr. by: Mr. Inaba(B/R) Approve: LAAC-70 Page 25 Hawaii County Council-50 October 16,2024 Motion to Approve: Mr. Inaba moved to pass Bill 209 on first reading and adopt Legislative Approvals and Acquisitions Committee Report No. 70. Seconded by Ms. Villegas. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: I believe we had good discussion at Committee, and request my colleagues' continued support of Bill 209. Mahalo. CHR. KIMBALL: Thank you, Vice Chair Inaba. For those in Hilo, we do have the applicant and applicant's representative here in chambers if there are any questions. Anyone here in Kona? No? Seeing none, anybody in Hilo? All right, seeing none, all those in favor please say "aye." Vote on Bill 209: The motion to pass Bill 209 on first reading and adopt (Approved) Legislative Approvals and Acquisitions Committee Report No. 70 was carried by the following voice vote: 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: Thank you for being here. Thank you for your patience. Bill 210: 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 —Section 5339 Formula Rural and Small Urban account($1,145,239); and appropriates the same to the Section 5339 Formula Rural and Small Urban Buses account. Funds would be used to purchase Americans with Disabilities Act vans to accommodate the increase in ridership within the Paratransit Program. Reference: Comm. 1055 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-205 Page 26 Hawaii County Council-50 October 16,2024 Vote on Bill 210: Mr. Kaneali`i-Kleinfelder moved to pass Bill 210 on first (Approved) reading and adopt Finance Committee Report No. 205. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Bill 211: 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 —American Rescue Plan Act Local Assistance and Tribal Consistency Fund account($32,922.96); and appropriates the same to the American Rescue Plan Act Local Assistance and Tribal Consistency Fund account, for a total appropriation of$832,922.96. Funds would be used for any governmental purpose other than a lobbying activity. Reference: Comm. 1056 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-206 Vote on Bill 211: Mr. Kaneali`i-Kleinfelder moved to pass Bill 211 on first (Approved) reading and adopt Finance Committee Report No. 206. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Page 27 Hawaii County Council-50 October 16,2024 Bill 212: AMENDS CHAPTER 5, ARTICLE 3, DIVISION 2, SECTION 5-3-22, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO BUILDING PERMIT EXEMPTIONS Exempts greenhouses and other accessory structures with a floor area of 1,000 sq. ft. or less and located on agriculturally-zoned land from the requirement to obtain a building permit; and increases the maximum cost of repair work for which a building permit is not required from $7,500 to $25,000. Reference: Comm. 1057 Intr. by: Ms. Kierkiewicz Approve: PCPLUD-15 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 212 on first reading and adopt Policy Committee on Planning, Land Use, and Development Committee Report No. 15. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. We had a really robust discussion during Committee. So, looking for everyone's continued support on this. It would certainly create a lot more efficiencies within our building permitting process. If there are technical questions, we have the Director of Public Works here in the Hilo chambers available. Thank you. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else there in Hilo? Go ahead, Council Member Lee Loy. MS. LEE LOY: Thank you. In support. Director Pause, I just had a couple of questions around this particular exemption, if you don't mind coming forward. Thanks, Director. Absolutely, yesoh, maybe Julann's here. Hey, Julann. Real quick question, in support of this bill, and just trying to walk out the expectation, right. We're creating a pathway—don't worry, Julann; I'll talk slow. You can catch your breath. We're creating a pathway to exempt these types of uses from the building permit process. I'm curious. Someone uses this as a pathway to exempt themselves from the building permit. They erect their greenhouse, ancillary use to an ag structure, right. And later on, they want to come in and enclose it for something else. Please walk us through that process, and if there is a process for them, keeping in mind we have not issued this building permit for this type of structure. (Note: At this time, Public Works Director Stephen Pause and Building Chief Julann Sonomura came forward to address the members of the Council.) Page 28 Hawaii County Council-50 October 16,2024 MS. SONOMURA: Julann Sonomura, Building Chief. So we don't have a permit for it because it's been exempted. And if they're going to enclose it and depending on the use of it, they would need to apply for a building permit. If, for example, you're enclosing it, you have to add electricity or plumbing. They need to come in for a permit. So the exemption is really just for simple structures, as it's described further in the types of structures being exempt. MS. LEE LOY: Great. Thank you so much. I guess I wanted to be clear that some people get started with an ancillary use and then later on they decide "I want to enclose it. It's weathering the equipment that's under there"; what the process would be. And what I hear clearly is they would have to circle back around with the Building Division. If it's touching any one of those plumbing, electrical, or some other pieces of the Code that are not exempt, they would come back to Building Division and kind of create that process again. MS. SONOMURA: That's correct because it would be a change of use. MS. LEE LOY: Okay, great. Thank you. In support. Just wanted to put that out there. Director Pause, do you have anything to add? MR. PAUSE: No. Ms. Sonomura did a great job. I actually could have answered all those questions, but I'm really glad she's here. So thank you. MS. LEE LOY: Thank you, Chair. I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Anyone else in Hilo before we come to Kona? Go ahead, Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. I had some questions last time, and then Ms. Sonomura went back and forth with me over email. I think the key to this—what I was trying to grasp was we already have the exemptions under HRS 46-88, which is mentioned in the wording in this bill. It's not touched but it's in here. But I think the key component was this is for lands less than two acres. Is that correct? MS. SONOMURA: That's correct. This is residential also. MR. KANEALI`I-KLEINFELDER: Okay. I think that was myI was having difficulty grasping why we are redefining or defining what's already defined in State code because that's allowed. We went back and forth. It is a little confusing, that whole section. There's a lot of different ways to come to calculations that can be exempt from permitting by the County, and the allowances to allow people to build things that are actually defined in this: greenhouses, storage sheds, unoccupied spaces. That's huge for anyone in the agricultural community. A lot of people don't even realize it's there. That also has its own section in our Code, correct? Page 29 Hawaii County Council-50 October 16,2024 MS. SONOMURA: It's by reference in the exemptions that would go to the HRS. MR. KANEALI`I-KLEINFELDER: Okay. There's a different section that references besides this bill, there's another section "permits exempt." We touched on that by email, so I appreciate your time. So, with those questions kind of out of the way and understanding this is for less than two-acre properties, that is actually a pretty substantial chunk of parcels in our County that are zoned agriculturally or agricultural use. I'll be supporting the bill. Thank you for going back and forth with me. Okay. And thank you, Ms. Kierkiewicz, for bringing this forward. I yield. CHR. KIMBALL: Thank you, Council Member. Back here to Kona, any questions? All right, seeing none, I want to thank Council Member Kierkiewicz for introducing this, of course, and Council Member Lee Loy and Kaneali`i- Kleinfelder for asking questions that further clarify what's going on with this legislation. So thanks for the conversation today. MR. PAUSE: Chair, could I make one comment? CHR. KIMBALL: No. Just teasing, Director Pause. Of course you can. MR. PAUSE: Wow! Thank you for giving me the mic. One of the real wins here, and Matt talked about it today, I think we did last time, was the concept that we're going to raise the dollar amount for what would constitute repairs. I think that's a real key benefit for the entire community. It allows repairs in-kind now at a higher dollar volume, but it also helps relieve, say, some of the time of that type of work. The repair work permits would take from our staff. So I think it's a win, not only for the folks who want to do repairs and don't have to get permits, but also for the Building Department as a whole because it lightens our load a little bit. So I want to make sure that the community knows that, and I want to thank the makers for putting that in because I think that's pretty good language for everyone. So thank you. Thank you for letting me talk. CHR. KIMBALL: You're welcome. All right, yeah. Vice Chair Inaba said that's your limit for the day, so no more. Just teasing. All right, moving forward, any further discussion? Seeing none, all those in favor please say "aye." Page 30 Hawaii County Council-50 October 16,2024 Vote on Bill 212: The motion to pass Bill 212 on first reading and adopt (Approved) Policy Committee on Planning, Land Use, and Development Committee Report No. 15 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Bill 214: 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 Increases the Environmental Management Hilo Wastewater Treatment Plant Rehabilitation and Replacement project by $116 million, bringing the total fiscal year appropriation to $226 million. Funds for this project shall be provided from the General Obligation Bonds, Capital Projects Fund—Fund Balance and/or other Sources and would be used to renovate the Hilo Wastewater Treatment Plant. Reference: Comm. 1082 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-207 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 214 on first reading and adopt Finance Committee Report No. 207. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. We had a very robust conversation in Committees. Just passing on to the body that we do not have Director Nakagawa here this morning, but we do have members of the Finance Department as well as our Managing Director here in Hilo if there are questions from the Council. And with that, I yield. CHR. KIMBALL: Thank you very much, Council Member. Anyone here? All right, seeing no further discussion, all those in favor please say "aye." Page 31 Hawaii County Council-50 October 16,2024 Vote on Bill 214: The motion to pass Bill 214 on first reading and adopt (Approved) Finance Committee Report No. 207 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Bill 215: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAII FOR THE PURPOSE OF FUNDING ALL OR A PORTION OF THE COSTS OF VARIOUS IMPROVEMENT PROJECTS; FIXES THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS OF SUCH BONDS AND PROVIDES FOR THEIR SALE TO THE PUBLIC; AND AUTHORIZES THE TAKING OF OTHER ACTIONS RELATING TO THE ISSUANCE AND SALE OF THE BONDS Authorizes the issuance of up to $150 million in General Obligation Bonds to fund certain Capital Improvement Projects including: Construction of the Hilo Wastewater Treatment Plant;Parks and Recreation Americans with Disabilities Act projects; planning and design for a County morgue; Animal Control shelter repairs; Central Fire Station repairs; and maintenance of other County facilities. Reference: Comm. 1083 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-208 MR. KANEALII-KLEINFELDER: Chair, motion CHR. KIMBALL: Before I take your motion, I'm going to recuse myself from this one due to some of the projects included in this ordinance, and pass the chair to Vice Chair Inaba. Relinquish Chair: At this time, Chair Kimball relinquished the chair to Acting Chair Inaba. Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 215 on first reading and adopt Finance Committee Report No. 208. Seconded by Ms. Galimba. ACTING CHR. INABA: Mr. Kaneali`i-Kleinfelder, go ahead. MR. KANEALII-KLEINFELDER: Again, robust discussion at Committee level. Members of the Finance Department are here if there are questions. I look forward to discussion. Page 32 Hawaii County Council-50 October 16,2024 ACTING CHR. INABA: Thank you. We're going to come here to Kona. Council Member Kagiwada. MS. KAGIWADA: Thank you. Even though we said that was your last time to talk, I'm going to ask if Director Pause is still in the room. (Note: At this time, Public Works Director Stephen Pause came forward to address the members of the Council.) MR. PAUSE: Aloha. Steve Pause, Director of Public Works. MS. KAGIWADA: Thank you so much. During the last discussion, we were talking about how some of this funding is going to be used, and you talked about you were going to be spending a lot of—looking at the drainage and doing drainage studies over here on the west side. I'm just wondering, is there going to be a comprehensive report on that coming back to us? Or how will we and the public know kind of what comes out of those studies and everything? MR. PAUSE: I did talk about that last time. I mentioned that we did have one in progress presently, and that was really addressing drainage in the area of Puako as well as up mauka into Waikoloa Village. I think when I spoke last time, it was probably fresh off of the rather large flooding event that occurred in Kona about a month ago. Working with Engineering and with Highways, we've identified a number of areas that could use some additional studying to really get a better and more comprehensive handle on what's going on. One of the conclusions from that Kona flooding was that some of the drainage structures are inadequate. Some of them are on private property. We don't have the ability to go in and maintain them. So there's a host of things in that particular area. I know we've talked about other areas, Keopu drainage area as well. So, Council Member, nothing is specific. I think there's an acknowledgment, and I am presently working with Engineering to kind of prioritize that as far as where we look to start those studies. But there's a need; I don't think anybody would doubt that. I think we jumped at Puako because that was at the that occurred. Council Member Evans got us some money for that. We were able to come up with some matching money. And there had been, like, four floods or five floods in a couple of months' period. So, to answer your question, we haven't completely identified where, other than the fact that we've identified that there is a need and these funds will certainly go a long way towards helping us complete those studies. MS. KAGIWADA: Okay, thank you. I guess we'll probably be hearing back from you on some of this, maybe around budget season as well. Page 33 Hawaii County Council-50 October 16,2024 MR. PAUSE: Yes, you'll be hearing more about these sorts of things during budget season for sure. So thank you. MS. KAGIWADA: Well, thank you. I just—yeah, I wanted to follow up on that because, on our field trip yesterday, we saw a lot of those areas that have been affected by the flooding. So I just wanted to make sure that, yeah, those Kona properties were also on your radar, and it sounds like they totally are. So thank you so much. I appreciate all the work you're doing there. I yield. ACTING CHR. INABA: Thank you. Council Member Galimba. MS. GALIMBA: Thank you. Just to follow up to that. Director Pause, I was wondering if, and not for that area since we're looking at a State highway, but being involved, whether the State Department of Transportation would also be involved in doing that type of study of movement of water. MR. PAUSE: It would make sense to involve them because so much of their infrastructure is affected by drainage and runoff from the County, from properties as well as County roads. Up front, I'm not quite sure how much of a role obviously, we would engage them. They're our partners. And we would engage them and ask them to participate. I'm not sure that there would be any funding or willingness for them to support us. But clearly, when you initiate and when you perform these sorts of studies, you're looking at the areas holistically, and the lines of demarcation don't stop at County property boundaries and then start again after the State boundary. So we would engage them. I think a lot of what comes out of these sorts of studies is an acknowledgment that there are solutions to better manage the runoff and the drainage. And those solutions almost certainly involve a collaborative effort of the County landowners as well as the State, especially with their infrastructure. And obviously, we can't be doing things to protect our infrastructure that would have a negative effect on the State. So, yes, we would engage them at least initially and long term. I mean, it's nice to do a paper study, but the real meat and potatoes is, what is that study telling me? It's going to tell me what my problems are, and what are some of the potential solutions. And when you start looking at solutions, you almost always will have to engage everybody and anybody in the area. So the State would definitely be our partners. MS. GALIMBA: Thank you, Director. Yes, for a slope like that, there's going to be multiple jurisdictions. I imagine the water probably starts way up on the mountain and comes down, gradually gathering until it gets down into populated areas. So that's very complicated kinds of studies that need to happen, and thank you for your information. I yield. Page 34 Hawaii County Council-50 October 16,2024 MR. PAUSE: And another just if I may mention another partner; there will be others. There's folks out there from Arizona State. I know Dr. Asner has been before you folks. There's other sources of information and other partners to engage that can help us because, ultimately, yes, we're worrying about damage and those sorts of things that can be done to property and homes, but we're also trying to protect the ocean and the reefs by managing that runoff and the sediment associated with it. So, yeah, there'll be a lot of folks that we would want to engage and have part of the study team. Thank you. ACTING CHR. INABA: Thank you. Any further discussion in Hilo? Seeing none, all those in favor MR. KANEALI`I-KLEINFELDER: Chair? ACTING CHR. INABA: Okay. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, sir. Just a quick mention. I've been in discussion with some of the members of our Police Department involving the County morgue. And just expressing to the body the solutions that we are going to have are going to be temporary, meaning we're storing cadavers in containers for a set period of time. And the logistics of the department and the hospital and everyone working together to move bodies that would be considered evidence and keeping them secure in temporary facilities is going to be problematic. And so I cannot highlight the importance of this morgue facility being part of this bond, but also being a priority for the department,unless through some magic moment the Benioff Hilo medical facility is willing to work very closely with the County as we look for temporary measures until we can get a facility built. So I'm just putting that out there and putting it on the record this is actually a pretty high priority, and there's going to be costs associated with the temporary facility as well as manpower involved in handling a temporary facility. So, putting it out to the body. Thank you for the time, Chair. Appreciate it. ACTING CHR. INABA: Thank you, Council Member Kaneali`i-Kleinfelder. With that, all those in favor of approving Bill 215 at first reading,please say Ic aye. Page 35 Hawaii County Council-50 October 16,2024 Vote on Bill 215: The motion to pass Bill 215 on first reading and adopt (Approved) Finance Committee Report No. 208 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Acting Chair Inaba—8. Noes: None. Absent: None. Excused: Council Member Kimball — 1. ACTING CHR. INABA: We're going to take a short five-minute recess. Thank you. Recess: At 11:35 a.m., the Acting Chair called for a recess. Reconvene: The meeting reconvened at 11:44 a.m. (Note: Upon reconvening the meeting, Chair Kimball assumed the chair.) Bill 184: AMENDS CHAPTER 22, ARTICLE 2 AND ARTICLE 3, OF THE HAWAII (Draft 3) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE USE OF COUNTY STREETS; AND ESTABLISHES A SPECIAL ACTIVITY PERMIT FOR COMMERCIAL ACTIVITIES Establishes a process to obtain a special permit and regulations to conduct temporary commercial activity on a County street, and increases fees from $25 to $50 for any permit issued for the lawful use of County streets. Reference: Comm. 944.8 Intr. by: Mr. Inaba and Ms. Kierkiewicz First Reading: October 2, 2024 Motion to Approve: Mr. Inaba moved to pass Bill 184, Draft 3, on second and final reading. Seconded by Ms. Galimba. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: Thank you. We had good discussion and I'll be bringing a follow- up bill where the Council can decide if we're going to expand or if it's even an option for police to also have administrative enforcement powers for Article 3. But I ask for your continued support. Thank you, I yield. CHR. KIMBALL: Thank you, Vice Chair Inaba. Any further discussion on this one? Checking in Hilo first. Page 36 Hawaii County Council-50 October 16,2024 MS. KIERKIEWICZ: Chair, I just wanted to say thank you for everyone's comments and feedback on this CHR. KIMBALL: We're not hearing Hilo. I think the Zoom is muted over there. MS. KIERKIEWICZ: Can you hear me, Chair? CHR. KIMBALL: Loud and clear. Thank you. MS. KIERKIEWICZ: Okay,perfect. I was wondering why you didn't recognize my second on the motion. I just wanted to thank everybody for their feedback. This bill has evolved since Council Member Inaba and I first introduced it. It merely creates a framework for people to apply to legally vend on the side of the road. As we've stated over and over, this is currently illegal on County and State roadways. This bill again creates that framework for folks to apply and look forward to working with the Department of Public Works and Police to identify which streets are most appropriate for these kinds of activities. Thank you, I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else in Hilo before coming back here? Yes, Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I thought about this bill yesterday on the way home from Kona. I like the idea. I really do. But when I learned that this would be enforced by the Traffic Division, I just feel like we've got to at least make a note of this, that we can create this but, right now, I'm just deeming this one of those unenforceable things that the County will be taking on and hopefully have staff to handle. So I appreciate the comments from DPW (Department of Public Works) and the Police Department at our last meeting. I like the intent of the bill, as a small business owner, but I just I don't know. I don't know where it leaves us as a finished product, and we've got to say it. So thank you. Appreciate the time. CHR. KIMBALL: Thank you, Council Member. Anyone here in Kona? Council Member Villegas. MS. VILLEGAS: Once again, I appreciate the intent, but I won't be supporting this at this time because I don't believe it's in the best interest to set this precedent. And I think we have opportunities for vendors to participate in commercial activities in other facilities and areas. And I feel that this is Pandora's box for the departments that would be essentially forced to manage the program, so I won't be supporting today. But I appreciate the intention of the authors to serve the small businesses that came to them months ago when they were asked to move, because State Highways had put forth that request and had our County departments work on that and enforce it. So thank you, I yield. Page 37 Hawaii County Council-50 October 16,2024 CHR. KIMBALL: Thank you, Council Member Villegas. Any further comment? Seeing none, Mr. Clerk, roll call please. Vote on Bill 184: The motion to pass Bill 184, Draft 3, on second and final Draft 3 reading was carried by the following roll call vote: (Adopted) Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: Council Member Villegas — 1. Absent: None. Excused: None. Bill 200: 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 —Energy Efficiency and Conservation Block Grant account($228,640); and appropriates the same to the Energy Efficiency and Conservation Block Grant account. Funds would be used to create an Energy Management Plan for County of Hawaii facilities. Reference: Comm. 1019 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 2, 2024 Vote on Bill 200: Mr. Kaneali`i-Kleinfelder moved to pass Bill 200 on (Adopted) second and final reading. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Page 38 Hawaii County Council-50 October 16,2024 Bill 201: 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 —FY 2023 Assistance to Firefighters Grant account($488,722.63); and appropriates the same to the FY 2023 Assistance to Firefighters Grant account. Funds would be used to establish a Hazard Zone Incident Command and a Control Training Program to provide safe, effective, and efficient emergency response operations. Reference: Comm. 1020 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 2, 2024 Vote on Bill 201: Mr. Kaneali`i-Kleinfelder moved to pass Bill 201 on (Adopted) second and final reading. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Bill 202: 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 Fund Balance From Previous Year account($7.4 million); and appropriates the same to the Housing Production account to fund a grant agreement with Kamakoa Nui LP for the Na Hale Makoa Project($2 million) and the Kamakoa Nui Workforce Housing Mini-Loop Road/Infrastructure project ($5.4 million). Reference: Comm. 1022 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: October 2, 2024 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 202 on second and final reading. Seconded by Ms. Lee Loy. CHR. KIMBALL: Any discussion? We do have OHCD (Office of Housing and Community Development) here on Zoom for questions. Council Member Evans. MS. EVANS: Thank you very much. Just one quick question. We are moving this fund balance into housing production. So is the total that 7.4 million, what Page 39 Hawaii County Council-50 October 16,2024 will be the new total in housing production when this money gets moved into it? Will it just be the 7.4 million as moving from one to another, or did we have other money in the Housing Production account? (Note: At this time, Housing and Community Development Specialist Royce Shiroma came forward to address the members of the Council.) MR. SHIROMA: Royce Shiroma, Office of Housing and Community Development. We have the current allocation that was allocated, which is $9 million. I think it came down to $8,480,000 for program or project. This additional $7.4 million will be added to that, and part of the reason is that monies that are allocated for each fiscal year lapses on June 30''. So there are past projects that may not have been awarded that—oh I'm sorry, it may not have encumbered, however awarded. Well, those funds will be lapsed. So, basically, these ones are—we're putting the monies back into that affordable housing production fund account. MS. EVANS: Okay, thank you. So the new total for Housing Production will be $15,480,000? Okay. Thank you. I yield. CHR. KIMBALL: Thank you, Council Member Evans. Anyone else here in Kona? Checking in in Hilo. All those in favor, please say "aye." Vote on Bill 202: The motion to pass Bill 202 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball–8. Noes: None. Absent: Council Member Inaba– 1. Excused: None. Bill 213: 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 Allows an exemption from certain motor vehicle taxes and fees for motor vehicles owned or leased for 12 months or longer by the County and for motor vehicles owned or leased for 12 months or longer by police officers who use their vehicles in the performance of their duties. Reference: Comm. 1079 Intr. by: Ms. Kimball First Reading: October 2, 2024 Page 40 Hawaii County Council-50 October 16,2024 Motion to Approve: Ms. Galimba moved to pass Bill 213 on second and final reading. Seconded by Ms. Villegas. CHR. KIMBALL: This is a bill that I had introduced under a different number, but we had to correct the title. So it came back to us, but we did have a lengthy discussion in Committee about that first bill. This is the same one,just with a different title. Any further discussion before we go forward? All right, seeing none, all those in favor please say "aye." Vote on Bill 213: The motion to pass Bill 213 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Return to Order The Chair directed the Council to return to the order of business. of Business: Res. 667-24: 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 $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1096 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 667-24. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I just want to take a moment to appreciate Colonel Deb Lewis for all that she does to organize this parade and support our veterans. I will see you all there on Saturday, November 9h. Thank you. Page 41 Hawaii County Council-50 October 16,2024 CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 667-24: The motion to adopt Res. 667-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Res. 668-24: 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 ITS ACCESSIBLE YOUTH ATHLETIC PROGRAM Transfers $4,950 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 1097 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 668-24. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Just looking for everyone's support for the Lo`i Collective Foundation to be able to provide free sports clinics to youth in our community. Thank you, I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 668-24: The motion to adopt Res. 668-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Lee Loy — 1. Excused: None. Page 42 Hawaii County Council-50 October 16,2024 Res. 669-24: 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 WEST HAWAII VETERANS CEMETERY DEVELOPMENT AND EXPANSION ASSOCIATION FOR EXPENSES RELATING TO THE PERMANENT CAMP TARAWA DISPLAY AT ELLISON ONIZUKA INTERNATIONAL AIRPORT Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1098 Intr. by: Ms. Evans Motion to Approve: Ms. Evans moved to adopt Res. 669-24. Seconded by Ms. Villegas. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. I'm very excited about this possibility. Camp Tarawa was a World War IL They did the training up in Waimea. And for years and years, the descendants of the Camp Tawara World War II veterans have received artifacts and so many things from their parents. There was a group that's collected so much of this, and they've always wanted a place to display them. They've always wanted a museum; have never been able to make that happen. And so, now, to be able to have this display at the airport I think will be wonderful, honoring the veterans who served in World War IL Thank you, I yield. CHR. KIMBALL: Great. Thank you, Council Member Evans. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 669-24: The motion to adopt Res. 669-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Page 43 Hawaii County Council-50 October 16,2024 Res. 670-24: 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 AMERICAN DAY Transfers $1,000 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. 1099 Intr. by: Ms. Evans Motion to Approve: Ms. Evans moved to adopt Res. 670-24. Seconded by Ms. Villegas. MS. EVANS: Thank you. I think it's self-explanatory. Thank you, I yield. CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 670-24: The motion to adopt Res. 670-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Res. 671-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KU'IKAHI MEDIATION CENTER INC., FOR ITS COLLABORATION, LEADERSHIP, AND TEAMWORK TRAINING SERIES Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 1100 Intr. by: Ms. Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 671-24. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Kagiwada. Page 44 Hawaii County Council-50 October 16,2024 MS. KAGIWADA: Thanks so much. Just looking for your support here. I think you're all aware of what an important asset the Ku`ikahi Mediation Center is for our community. This money will help to make some of their trainings more accessible to more people by allowing some of them to be free of charge. So, really happy to support them in this effort. They do so much work on leadership, team building, as well as their mediation services. So, very happy to be able to support them in this way and looking for all your support. Thank you. CHR. KIMBALL: Thank you, Council Member Kagiwada. Any further discussion? All right, seeing none, all those in favor please say "aye." Vote on Res. 671-24: The motion to adopt Res. 671-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON RES. 672-24 The following individual registered to speak and came forward when called by (COMM. 1101): the Chair: Kristin Hennig: In support. (representing Going Home Hawaii) Res. 672-24: 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 $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 1101 Intr. by: Ms. Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 672-24. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Kagiwada. Page 45 Hawaii County Council-50 October 16,2024 MS. KAGIWADA: Thank you. Just real quickly. We all know that Going Home Hawaii does a lot of important work in our community. And this SIM (Sequential Intercept Model) report will really help intervene where we can help in the easiest and cost-effective way. So, happy to support this and looking for all your support. Thank you. CHR. KIMBALL: Thank you, Council Member Kagiwada. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 672-24: The motion to adopt Res. 672-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Res. 673-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KU ANUENUE FOR ITS INAUGURAL INCLUSIVE PROM Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1102 Intr. by: Ms. Kimball Motion to Approve: Ms. Kagiwada moved to adopt Res. 673-24. Seconded by Ms. Galimba. CHR. KIMBALL: We had some testimony on this, and Council Member Kagiwada has already generously donated to this as well. So, wanting to just ask for everyone's support. Any further comments? Seeing none, all those in favor please say "aye." Page 46 Hawaii County Council-50 October 16,2024 Vote on Res. 673-24: The motion to adopt Res. 673-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Res. 674-24: 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 ITS ACCESSIBLE YOUTH ATHLETIC PROGRAM 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. 1103 Intr. by: Ms. Kimball Motion to Approve: Ms. Kagiwada moved to adopt Res. 674-24. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Kierkiewicz explained this a little bit earlier with her CRF (Contingency Relief Fund). Just ask for my colleagues' support. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 674-24: The motion to adopt Res. 674-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Page 47 Hawaii County Council-50 October 16,2024 Res. 675-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO ASSIST THE DEPARTMENT OF PARKS AND RECREATION WITH ITS PAPA`IKOU CHRISTMAS CARNIVAL Transfers $3,000 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. 1104 Intr. by: Ms. Kimball Motion to Approve: Ms. Kagiwada moved to adopt Res. 675-24. Seconded by Ms. Galimba. CHR. KIMBALL: Just ask for my colleagues' support, and just want to mahalo our Parks and Rec (Recreation) team in District 1,who have just been doing a great job providing opportunities for the local community at our P&R(Parks and Recreation) facilities. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 675-24: The motion to adopt Res. 675-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Res. 676-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAMAKUA HEALTH CENTER INC. FOR THE HONOKA`A RENAISSANCE FAIRE Transfers $5,000 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. 1105 Intr. by: Ms. Kimball Motion to Approve: Ms. Kagiwada moved to adopt Res. 676-24. Seconded by Ms. Galimba. CHR. KIMBALL: We had some testimony on this earlier today. I want to ask for my colleagues' support and encourage you to don your renaissance regalia and Page 48 Hawaii County Council-50 October 16,2024 join us on November 9h to participate. This is an event that's been growing year after year. It's really pretty impressive what they've been able to do, and it's a lot of fun. So, after you go to the Veterans Parade, come on up to Honoka`a and have some turkey leg or something. Anyway, ask for my colleagues' support. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 676-24: The motion to adopt Res. 676-24 was carried by the (Adopted) following voice vote: 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: I hope to see you up there in your renaissance regalia. Yes? MR. HENRICKS: (Inaudible)jousting. CHR. KIMBALL: Jousting, okay. We're going to have him jousting. Excellent. Res. 677-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO FRIENDS OF THE CHILDREN'S JUSTICE CENTER OF EAST HAWAII, INC., TO ASSIST WITH ITS EMERGENCY CLOSET PROGRAM AND COMMUNITY OUTREACH Transfers $5,500 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1106 Intr. by: Ms. Galimba Motion to Approve: Ms. Galimba moved to adopt Res. 677-24. Seconded by Ms. Kagiwada. CHR. KIMBALL: Council Member Galimba. MS. GALIMBA: Thank you. I'm following in the footsteps of a number of you in supporting this excellent effort, and ask for your support. CHR. KIMBALL: Thank you, Council Member Galimba. Anyone else? Seeing none, all those in favor please say "aye." Page 49 Hawaii County Council-50 October 16,2024 Vote on Res. 677-24: The motion to adopt Res. 677-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Res. 678-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO PETFIX SPAY AND NEUTER TO SUPPORT ITS SPAY AND NEUTER CLINICS IN COUNCIL DISTRICT 6 Transfers $10,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 1107 Intr. by: Ms. Galimba Motion to Approve: Ms. Galimba moved to adopt Res. 678-24. Seconded by Ms. Kagiwada. CHR. KIMBALL: Council Member Galimba. MS. GALIMBA: Thank you. I just wanted to thank PETFIX for all the work that they do, and also to note that although they do most of their clinics, not all of the clinics but most of them, in Council District 6, they do get pet owners and pets from around the island that come to these clinics. And it's really important work to get a handle on our animal control issues. So I ask for my colleagues' support. CHR. KIMBALL: All right, thank you, Council Member. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 678-24: The motion to adopt Res. 678-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Page 50 Hawaii County Council-50 October 16,2024 Res. 679-24: 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 HOLUALOA VILLAGE `OHANA FOR EXPENSES ASSOCIATED WITH ITS 25TH ANNUAL COFFEE AND ART STROLL Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 1108 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 679-24. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Villegas. MS. VILLEGAS: I just want to send out a congratulations to the H6lualoa Village `Ohana; 25 years of the Coffee and Art Stroll is something to be very proud of. And this event is connected to and a part of the Kona Coffee Cultural Festival, which is coming up in November. So thank you again to everybody that comes together to put this event on. I yield. CHR. KIMBALL: Thank you, Council Member. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 679-24: The motion to adopt Res. 679-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order.) ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): (Note: Items in this category were taken up previously, out of order.) Page 51 Hawaii County Council-50 October 16,2024 REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: Comm. 1091: DAVID J. FREEDMAN V. CITY AND COUNTY OF HAWAII, ET AL.; CIVIL NO. 3CCV-23-0000218 From Deputy Corporation Counsel E. Britt Bailey dated September 25, 2024, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter filed by Bosko Petricevic, Esquire, on behalf of his client David J. Freedman. Motion to Close Mr. Inaba moved to close file on Comm. 1091. Seconded File: by Ms. Galimba. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: Thank you. I've reviewed the confidential communication. I am comfortable taking action. I don't see any opposition. Motion to Concur: Mr. Inaba moved to concur with the recommendation of Corporation Counsel regarding Comm. 1091. Seconded by Ms. Galimba. CHR. KIMBALL: Any discussion on the motion to approve the recommendation? Council Member Kagiwada. MS. KAGIWADA: Just a procedural thing. We got two, or actually three, copies of this. One was confidential. One was not labeled "confidential,"but I assume it's still confidential information. So will you be collecting this as per usual? I just want to understand that. MR. INABA: Everything's labeled "confidential." MS. KAGIWADA: Okay. CHR. KIMBALL: Yeah, everything should be labeled MS. KAGIWADA: All right. CHR. KIMBALL: In the absence of anyone collecting these specifically from you, please give them to me and I will take care of appropriately handling them. MS. KAGIWADA: Okay, thank you. All right. Yeah, I guess one has our district number on it, and one is not labeled with our district number. They're not numbered at all. Okay, thank you. I just—clarification on that, I'm fine with moving it. Page 52 Hawaii County Council-50 October 16,2024 CHR. KIMBALL: Thank you. Council Member Evans. MS. EVANS: I read the background and recommendation, and I agree with your recommendation. Thank you. I yield. CHR. KIMBALL: Thank you. Checking in in Hilo. Looks like we're all good. All right, the motion on the floor is to approve the recommendation of Corporation Counsel. All those in favor, please say "aye." Vote on Motion to The motion to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 1091 was carried (Approved) by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Vote on The motion to close file on Comm. 1091 was carried by the Comm. 1091: following voice vote: Filed Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Comm. 1092: ROY THOMPSON V. HAWAII COUNTY, CASE NO. 1:24-CV-00333 DKW-WRP From Deputy Corporation Counsel Steven K. Idemoto dated September 26, 2024, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including settlement discussion. Motion to Close Mr. Inaba moved to close file on Comm. 1092. Seconded File: by Ms. Villegas. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: Thank you. I see Mr. Idemoto is in Hilo. But, similar to the last request, I don't see the need to go into an Executive Session. Page 53 Hawaii County Council-50 October 16,2024 Motion to Concur: Mr. Inaba moved to concur with the recommendation of Corporation Counsel regarding Comm. 1092. Seconded by Ms. Galimba. CHR. KIMBALL: Any further discussion? Vice Chair Inaba. Okay, any further discussion on the motion to accept the recommendation? Checking in in Hilo. Yes, go ahead, Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Just reading over this record, I'm not going to say anything about the confidentialness of this, but, hey, I think it may be in our best interest to review some of our Codes and ordinances revolving around some of the decisions that have been reached by the Supreme Court. Thank you. CHR. KIMBALL: It is always a good idea to review the law in terms of the Supreme Court's aspect. Take that to heart, Council Member Kaneali`i- Kleinfelder. Council Member Evans. MS. EVANS: I just want to piggyback on that, that I read this and I think the recommendation I agree with. I think it just shows that as case law is passed here in the State, how it can trickle down and have impacts on what we do day to day, and so how we keep on top of that. It's ever-changing all the time. It's a lot to keep up with, so I want to thank everybody that does. I yield. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. It occurs to me,just to expand upon that a little bit, that maybe something we ask for from Corp. (Corporation) Counsel is our briefs on things that may be coming down that might be of interest to us, so we at least know to look into it. Any further discussion on this, on the recommendation? All right, seeing none, all those in favor please say aye. Vote on Motion to The motion to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 1092 was carried (Approved) by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Page 54 Hawaii County Council-50 October 16,2024 Vote on The motion to close file on Comm. 1092 was carried by the Comm. 1092: following voice vote: Filed 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: I want to thank Corporation Counsel for being here to be able to respond to our questions. OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There were none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. CHR. KIMBALL: Council Member Evans. MS. EVANS: I'm going to miss seeing you, even on TV(television), Member Lee Loy. So, if this is your last day at the dais, unless something comes up before November 6h, I wish you the best and I hope I run into you soon. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? All right. Since we have determined that it is not necessary for a motion of adjournment when we have concluded business, I'm going to ask for one anyway,just for old times' sake. Council Member Lee Loy, can I get a motion,please? ADJOURN- There being no further business, at 12:25 p.m., Ms. Lee Loy moved to adjourn the MENT: meeting. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Page 55 Hawai`i County Council-50 October 16,2024 CHR. KIMBALL: Best wishes to you, Council Member Lee Loy, in your new position as House Rep. (Representative) for District 3, correct?-2. I should know that. All right, we are adjourned. The time is 12:25. Thank you. Council Approval: DEC 1 8 2024 COUN JH/dg Page 56