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HomeMy WebLinkAboutMIN COUNCIL 2024-11-08 2022-2024 Hawaii County Council 51" Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii November 8, 2024 INVOCATION: Pastor Jason Morton of New Hope Christian Fellowship Volcano gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 1:07 p.m., in the Council Chambers, Hilo, by Ms. Heather L. Kimball, Chair. ROLL CALL: Present: Ms. Heather L. Kimball, Chair Mr. Holeka Goro Inaba, Vice Chair Ms. Cindy Evans, Member Ms. Jenn Kagiwada, Member Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member Absent& Excused: Ms. Michelle M. Galimba, Member Ms. Rebecca Villegas, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, County Clerk Jon Henricks led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions, MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (There were none.) EXPRESSIONS OF CONDOLENCE: STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Hawaii County Council-51 November 8,2024 Megan McGinnis: Res. 683-24 (Comm. 1115), in support. (representing Ke Kai Ola) Reginald Weller: Res. 689-24 (Comm. 1121), in support. (representing 808 Homeless Task Force) Christopher Poulos: Res. 685-24 (Comm. 1117), in support. Kimberly Lepold: Res. 685-24 (Comm. 1117), in support. Jim Albertini: Bill 206, Draft 2 (Comm. 1049.2), in support. (representing Malu `Aina) (See Comm. 1049.66) Danny Li: Bill 206, Draft 2 (Comm. 1049.2), in support. Ramona Hussey: Bill 206, Draft 2 (Comm. 1049.2), in support. Hannah Hedrick: Bill 212 (Comm. 1057), in support. Lynda Williams: Bill 206, Draft 2 (Comm. 1049.2), in support. Franny Brewer: Res. 698-24 (Comm. 1133), in support. (representing Big Island Invasive Species Committee) Stephen Paulmier: Bill 206, Draft 2 (Comm. 1049.2), in support. Tomas Bolsky: Bill 206, Draft 2 (Comm. 1049.2), in support. (representing Aloha `Aina Hilo) 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 21, September 4, and September 17, 2024, were approved. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Page 2 Hawaii County Council-51 November 8,2024 Res. 662-24: AUTHORIZES THE DEPARTMENT OF PARKS AND RECREATION TO AWARD FUNDS TO HAWAII HI-DIVING FRIENDS Provides $62,850 of grant funds for the Charles "Sparky" Kawamoto Swim Stadium Dive Tower New Staircase project. Reference: Comm. 1087 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-209 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 662-24 and Finance Committee Report No. 209. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Just mahalo to the Parks and Rec. (Recreation) Department, as well as David Freedman of Hawaii HI-Diving Friends, for the donation and for everyone's work on this to date. Thank you. CHR. KIMBALL: Thank you. Any further discussion on this item? Seeing none, all those in favor please say "aye." Vote on Res. 662-24: The motion to adopt Res. 662-24 and Finance Committee (Adopted) Report No. 209 was 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 and Villegas —2. Excused: None. Res. 663-24: AUTHORIZES THE MAYOR TO ENTER INTO A NINE-YEAR INTERGOVERNMENTAL AGREEMENT WITH THE UNIVERSITY OF HAWAII FOR A RADIO REPEATER SITE Allows the Civil Defense Agency to extend its one-year license agreement for the installation of a radio repeater on the summit of Mauna Kea to be used as an emergency radio communications network. Reference: Comm. 1089 Intr. by: Ms. Evans (B/R) Approve: GOEAC-162 Motion to Approve: Ms. Evans moved to adopt Res. 663-24 and Governmental Operations and External Affairs Committee Report No. 162. Seconded by Mr. Inaba. Page 3 Hawaii County Council-51 November 8,2024 CHR. KIMBALL: Any discussion on this item? Council Member Evans. MS. EVANS: We had discussion the last time. It's really important not only for the Civil Defense, but also our ham radio operators. Thank you. CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 663-24: The motion to adopt Res. 663-24 and Governmental (Adopted) Operations and External Affairs Committee Report No. 162 was 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 and Villegas —2. Excused: None. Res. 665-24: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAII BY AMENDING RULE NO. 26 Adds a second Special Assistant to the Chairperson's staff. Reference: Comm. 1094 Intr. by: Mr. Inaba Approve: GOEAC-163 Vote on Res. 665-24: Mr. Inaba moved to adopt Res. 665-24 and Governmental (Adopted) Operations and External Affairs Committee Report No. 163. Seconded by Ms. Kagiwada 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 and Villegas —2. Excused: None. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order: Page 4 Hawaii County Council-51 November 8,2024 Res. 695-24: AUTHORIZES THE ACCEPTANCE OF A DONATION OF A SECURITY CAMERA SYSTEM TO THE DEPARTMENT OF PARKS AND RECREATION The donation from MPI Security, with an estimated value of$9,749, would be installed at the Princess Abigail Wahiika`ahu`ula Kawananakoa Gym in Keaukaha. Reference: Comm. 1130 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 695-24. Seconded by Ms. Kierkiewicz. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. Just to the body, this was waived to Council to expedite the process. Very straightforward. This is in response to some vandalization and damages to the facility. So, look forward to supporting Parks and Rec., and Director Messina if he's watching. Thank you. CHR. KIMBALL: Thank you, Council Member. Anyone else? I just want to acknowledge the Clerk's excellent job getting through all of that. All right, all those in favor please say "aye." Vote on Res. 695-24: The motion to adopt Res. 695-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —6. Noes: None. Absent: Council Members Galimba and Villegas —2. Excused: None. Res. 696-24: AUTHORIZES THE ACCEPTANCE OF A DONATION OF A PAL2 PORTABLE AQUATIC LIFT TO THE DEPARTMENT OF PARKS AND RECREATION The donation from Johnette Schenk, with an estimated value of$4,500, would be installed at the Kona Community Aquatics Center. Reference: Comm. 1131 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 696-24. Seconded by Mr. Inaba. Page 5 Hawaii County Council-51 November 8,2024 CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Thank you, Chair. Mahalo to Johnette Schenk for the donation and to the Parks and Rec. Aquatics Division staff for making this happen. This item was waived to Council to expedite the donation as well, for the value estimated at$4,500. So thank you for everyone's time. CHR. KIMBALL: Thank you, Council Member. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 696-24: The motion to adopt Res. 696-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball –6. Noes: None. Absent: Council Members Galimba and Villegas –2. Excused: None. Res. 697-24: AUTHORIZES THE ACCEPTANCE OF A DONATION OF A SEARCH AND RESCUE CANINE WITH HANDLER TRAINING AND CERTIFICATION TO THE HAWAII POLICE DEPARTMENT The donation from Hawaii Island K9 Association, with an estimated value of $25,000, would be utilized by the department's Kealakehe Station in West Hawaii. Reference: Comm. 1132 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 697-24. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: This is actually a nice one. So we're getting a donation from the Hawaii Island K9 Association for one pre-trained search and rescue canine for the Kealakehe station in West Hawaii. I'm just mahaloing everyone involved. There will be an officer assigned to this particular puppy. I think it's awesome for the community, but it's also—it's beautiful to see the police officer and the canine working as a team. I always love that. So, look forward to support. Thank you. Page 6 Hawaii County Council-51 November 8,2024 CHR. KIMBALL: Any further discussion? Seeing none, all those in favor please say "aye." Any opposed? Is anyone really going to say no to a puppy? I don't think so. Vote on Res. 697-24: The motion to adopt Res. 697-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —6. Noes: None. Absent: Council Members Galimba and Villegas —2. Excused: None. Res. 698-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE UNIVERSITY OF HAWAII OFFICE OF RESEARCH SERVICES Funds in the amount of$250,000 from the Department of Research and Development would be used to control the spread of invasive species in Hawaii County. Reference: Comm. 1133 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 698-24. Seconded by Ms. Kierkiewicz. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Thank you, Chair. We do have director of the organization, Ms. Brewer, here if anyone has questions. She's absolutely amazing at what she does. As she stated in her testimony, this is specific to a few items but just really opens up this ability to get things done on our island better. Absolutely a necessity. So I look forward to everyone's support. This item was waived to expedite the process as well, and she is here if there's any questions. Thank you. CHR. KIMBALL: Thank you, Council Member. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I just want to wholeheartedly express my support for this resolution and thank Ms. Brewer for being here, and also thank Council Chair. She and I, during budget hearings, were very strong advocates to get this kind of funding in our budget for BIISC (Big Island Invasive Species Committee) because you are totally under-resourced. There is so much more resources that's needed to really support the incredible work that you do to protect our environment and various ecosystems. Page 7 Hawaii County Council-51 November 8,2024 This is a significant amount for your organization, and I hope that we can find ways moving forward to continue to prioritize supporting the work that you do. Thank you, Chair. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council Member Evans. MS. EVANS: Thank you. First of all, I want to thank you for the work. I mean, you've been around a while, but at some point, this really needs to get elevated as a natural disaster. I mean, we have flooding. We have hurricanes. But this invasive species is a natural disaster. And if we can elevate it, then we'll be putting money into preparedness, response, and recovery because the destruction from this invasive species is phenomenal. And if all of our coconut trees are destroyed by coconut rhinoceros beetle, we're going to have to be out there en masse replanting coconut trees. It's truly a natural disaster. The Council obviously is acknowledging the importance of this. Hopefully, we can elevate it to that level, and you won't have to constantly be trying to get the money that you need to really do the work. And it's really—it's everywhere. It's the whole island. And each part of the island has its own specific possibly invasive species. I know in my district everyone's talking about the fire ants up in North Kohala right now. They just can't believe it. They're going off everywhere. It's such a problem and changes people's quality of life. So thank you. Thank you for your work. Thank you, Chair, I yield. CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? All right, seeing none, all those in favor please say "aye." Vote on Res. 698-24: The motion to adopt Res. 698-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball –6. Noes: None. Absent: Council Members Galimba and Villegas –2. Excused: None. CHR. KIMBALL: Thank you for being here, Ms. Brewer. Congratulations. Page 8 Hawaii County Council-51 November 8,2024 Res. 699-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE LARGE FORMAT MULTI-FUNCTION DEVICE FOR THE PLANNING DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$309, to be used by the department's Hilo office for copying, scanning, and printing. Reference: Comm. 1134 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 699-24. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. This was at the Planning Department's request. This gives them a machine that actually stops them from having to tape large documents together. So I look forward to supporting this. I look forward to everyone's support. This is a $3,700-a-year lease. Expensive. For what they do in the Planning Department, necessary. Thank you. CHR. KIMBALL: All right, thank you. Any further discussion on this one? Seeing none, all those in favor please say "aye." Vote on Res. 699-24: The motion to adopt Res. 699-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —6. Noes: None. Absent: Council Members Galimba and Villegas —2. Excused: None. Page 9 Hawaii County Council-51 November 8,2024 Bill 216: 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 —Emergency Solutions Grants Program account($271,806); and appropriates the same to the Emergency Solutions Grants Program account($251,421) and Emergency Solutions Grants Program— Administration account($20,385). Funds would be used for street outreach, emergency shelters, homelessness prevention, rapid re-housing assistance, and data collection through the Homeless Management Information System. Reference: Comm. 1088 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-210 Vote on Bill 216: Mr. Kaneali`i-Kleinfelder moved to pass Bill 216 on first (Approved) reading and adopt Finance Committee Report No. 210. 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 and Villegas —2. Excused: None. Bill 217: AMENDS CHAPTER 6, ARTICLE 2, SECTION 6-12, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PROHIBITED HIGHWAYS FOR COMMERCIAL BICYCLE TOURS Seeks to add a portion of Kohala Mountain Road and a portion of Akoni Pule Highway as prohibited highways for commercial bicycle tours. Reference: Comm. 1093 Intr. by: Ms. Evans Approve: PCPLUD-16 Motion to Approve: Ms. Evans moved to pass Bill 217 on first reading and adopt Policy Committee on Planning, Land Use, and Development Committee Report No. 16. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. So my understanding is we've sent out a letter to the parties to ask if they have any comments. According to our Code, at the Page 10 Hawaii County Council-51 November 8,2024 Committee level, we sent out a letter seeing if anybody has any comments on the condition of the road. I'm not sure if we've had a response yet, but may I ask the Committee Chair? At the time, was that Member Kierkiewicz? CHR. KIMBALL: Of course. MS. KIERKIEWICZ: Thank you. Our office did send letters to the Director of Public Works and Chief of the Hawaii Police Department for their insights on what you have proposed here, Council Member Evans. I did receive a voice call from Captain Scott Kurashige who did confirm his support for this bill. He agrees that it's not appropriate for commercial bike tours, given that there are no shoulders. And so the Police Department, according to Captain Scott, supportive. If there needs to be something in writing, and I suggested that there be something in writing for the record, if they could transmit that to this body. We have not heard from the Director of Public Works. But that's where we are. MS. EVANS: Okay, thank you. And my understanding is that Director Pause said he would reach out to Ed Sniffen and see if Ed Sniffen had any comments. So there was no letter sent to Ed Sniffen because that was kind of indicated in the hearing. Is that your understanding? CHR. KIMBALL: I'll respond that I spoke to Director Pause informally yesterday, and he had affirmed that, yes. MS. EVANS: So he will be reaching out to Ed Sniffen? CHR. KIMBALL: Yes. MS. EVANS: Okay. So I counted the 45 days, and that will be on November 29h. So I would hope that we could move it to the November 20'h Council hearing. And hopefully by then, you'll have everything in writing that you need, and then we can vote on it. That would be my last official day on Council. And if we don't make it on November 29h, then it has to be postponed until the next meeting. So I'm asking for your favorable consideration. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Vice Chair Inaba. MR. INABA: Thank you. I did have a chance to speak with the Police Captain of the district as well. So I would like to move this forward. And if there are—if we don't have confirmation from DPW (Department of Public Works)by the November 20'h meeting, then we'll have to put a pin in it at that point. But I would like to move it forward. Thank you. CHR. KIMBALL: Thank you, Vice Chair. Anyone else? Council Member Kaneali`i-Kleinfelder. Page 11 Hawaii County Council-51 November 8,2024 MR. KANEALII-KLEINFELDER: Ms. Evans, I appreciate you bringing this forward. I'll be supporting it whether you're here or not. I will make sure it happens. Thank you. CHR. KIMBALL: All right. All those in favor, please say "aye." Vote on Bill 217: The motion to pass Bill 217 on first reading and adopt (Approved) Policy Committee on Planning, Land Use, and Development Committee Report No. 16 was 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 and Villegas —2. Excused: None. Bill 223: 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 —High Intensity Impact Grant account ($193,277.96); and appropriates the same to the High Intensity Impact Grant account, for a total appropriation of$668,277.96. These additional funds would be used by the Hawaii Police Department for overtime, travel, training, services, and equipment needed for operations to investigate drug-related cases. Reference: Comm. 1135 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 223 on first reading. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Thank you very much. This was waived to Council to expedite the process. This is multiple grants and provides the department with some funding. Is someone from the department here to speak to this measure? Okay. I'm not requiring them to be here, but I am comfortable in moving this ahead. It's a grant. It helps the department and that's but it's always nice to hear from the department on what the funding will be for besides what we have in the B-52. Thank you. Page 12 Hawaii County Council-51 November 8,2024 CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Anyone else has discussion on this one? No, we're good? All those in favor,please say Ic aye. Vote on Bill 223: The motion to pass Bill 223 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —6. Noes: None. Absent: Council Members Galimba and Villegas —2. 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. 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) 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) First Reading: October 16, 2024 Note: Second of two required readings, Section 101-13, Hawaii Revised Statutes Motion to Approve: Mr. Inaba moved to adopt Res. 633-24 on second and final reading. Seconded by Ms. Kagiwada. CHR. KIMBALL: Vice Chair Inaba. Page 13 Hawaii County Council-51 November 8,2024 MR. INABA: Thank you. I just want to give the opportunity to the Department of Environmental Management, if there's any comment at this time. We have Deputy Director Brenda Iokepa-Moses. (Note: At this time, Environmental Management Deputy Director Brenda Iokepa-Moses came forward to address the members of the Council.) MS. IOKEPA-MOSES: Good afternoon. Brenda Iokepa-Moses, Deputy Director for Department of Environmental Management. We stand as we did in the first reading. We have made significant improvements with our communications with Mr. Fox. Some of these things that we have to investigate, we needed to get on the property and we've now gotten the right of easement signed by Mr. Fox. So that's going to allow us to do that and we appreciate that. It's vital to making the decisions. As Director Mansour had mentioned, this is bigger than the County. This is Federal Government eyes on our project. We need to have this in our toolbox for, like Keoni said, the next Administration. We need to empower our employees if they have this in our toolbox. We have done so many things since the last time. And the more that we work with Keoni and the more that he helps to facilitate things, like the subdivision application and things like that, the faster we can do this sale outside of eminent domain, which would benefit both sides. So that's truly our intention. We've had surveys. We've had appraisals requested. We've had our field guys that had been out in the field, and they coordinated access to the property. We've made a lot of movement, and our true intention is to get this sale outside of eminent domain. We've had a quarterly meeting with EPA (Environmental Protection Agency), and they ask us every time, "What's your backup plan." There's no exceptions for extensions. We're going to be in penalty mode every day. So it's just important that we move this through, and we continue to do what we've been doing with Mr. Fox and working with the community. I met with the boards, both of them, and ATA (Ala Kahakai Trail Association). They were very surprised, and they were very amenable to working with us with the wastewater treatment plant, working with the rancher. We're doing all of those things, preserving the roads and things like that. So we're going to continue that path. And we ask that you pass this today so we can move forward. Thank you. MR. INABA: Thank you, Deputy Director. With that, I would like to hear from the rest of the body. Thank you, Chair, I yield. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. You mentioned "subdivision," and I'm thinking of they're talking about you don't need all 28 acres. So their expectation is you're Page 14 Hawaii County Council-51 November 8,2024 going through a subdivision so that 14 acres or whatever is going to be put aside, and then it's going to go in a conservation easement. And then whatever you really need is what you're going to pay for? MS. IOKEPA-MOSES: Until it's built, we're not going to know exactly the parameter. We're not going to go outside that 28 acres. If we don't need all of it, it doesn't benefit us to keep it and maintain it. So that will be reverted back to the conservation easement. But until that's built out by the contractor on-site, that will be what will be appraised and what will be subdivided. And then we'll just have to go back if it's not all needed. It doesn't help to benefit to keep additional acres to maintain. It will be reverted back to the conservation easement, which MS. EVANS: It's a little unusual that you don't know what you need until you do it, and then you do subdivision after you do it,which is kind of the reversal of how it's normally done. MS. IOKEPA-MOSES: Once you cut it back to 14 acres and revert it to conservation easement, our hands are tied. How about if we need additional lands? MS. EVANS: No, I'm just saying it's just kind ofI can see why it's a little complicated and uncomfortable because it's a little—it's kind of backwards. MS. IOKEPA-MOSES: This whole project is MS. EVANS: But I can see why it gets a little more complicated. Normally, you know what you want, you negotiate, you subdivide, and then you appraise it and you buy it. So can you appraise it before you build, so everybody knows what the dollar value is, and then you just take what you need? MS. IOKEPA-MOSES: Oh, yeah. I mean, all of that has to happen before we start to build this infrastructure. It's just the process. It's a little bit difficult, but we have to go through this process in order to do this infrastructure on the property. Like I said, when the County donated the $4 million toward this 2,300-acre parcel, it was always our intent to keep that 28 acres to build this facility. If it comes out after it's all built that we only need 20 acres or 15 acres, and once it's all built, then it goes back into the conservation easement. You can't do it the other way around. MS. EVANS: Yeah. It's just a little unusual for people. MS. IOKEPA-MOSES: It is. MS. EVANS: Do you have a memorandum of agreement and understanding that that's the case? Page 15 Hawaii County Council-51 November 8,2024 MS. IOKEPA-MOSES: That's why we have the 28 acres. It's because MS. EVANS: No, what I'm talking about is that we're going to build first, then we're going to subdivide, then we're going to appraise it. Then we're going to MS. IOKEPA-MOSES: No, we're not doing that. We're going to subdivide. We're going to appraise. And after the project's complete and we're done, and we know that everything that we need is on that property, then it will revert back to the conservation easement. MS. EVANS: Okay, I just want to make sure. Are you—may I ask? Is that your understanding? Just to confirm it. Do you want to come up and tell us what your understanding is? (Note: At this time, Keoni Fox of Ala Kahakai Trail Association came forward to address the members of the Council.) MR. FOX: Keoni Fox, Ala Kahakai. I don't know how the County can condemn 28 acres and then give it back to Ala Kahakai, yet hold the conservation easement. I mean, once it's condemned, it's totally out of our hands. It doesn't really make sense. I mean, the way that I envisioned it was that we would continue working together. They would do all of their Federal and State environmental compliance. And by then, they should know what the footprint is, because that is what all the different organizations and agencies are commenting on. So, if they don't know exactly what they're doing and what the footprints could be, they shouldn't be putting out these draft environmental assessments for community review. I mean, that needs to be solid. And by then, we can sell just that portion to the County. They can move forward with what they promised that they would do, as represented in the environmental studies, and then we're all good. It's a win-win situation. That's what we've always been hoping to achieve. MS. EVANS: So is your environmental assessment for the 28 acres? MS. IOKEPA-MOSES: Yes, it is. (Note: At this time, Environmental Management Director Ramzi Mansour came forward to address the members of the Council.) MR. MANSOUR: Can I interject? This is Director Ramzi. CHR. KIMBALL: Yes, go ahead. MR. MANSOUR: Thank you, Council Member Evans. The current agreement that was signed in 2019 is very clear. The County gets the 28.7 acres. It goes Page 16 Hawaii County Council-51 November 8,2024 through the process. After construction and the "as-built" lands are complete, whatever acreage that's remaining could be dedicated back to conservation. And that goes through the process with the Planning Department. So we have been meeting with the Planning Department since our first reading. So the intent is very clear to go with a subdivision and request the 28 acres, as designated in the agreement. Once that completes, then we'll have the right to get on the property to start doing the design, the layout, take soil samples to determine the reason the 28 acres was stated was because we need to do soil sampling to also figure out the extent of our R-1 or R-2 reuse for vegetation. So we've been talking to the Department of Health. The whole idea of—if you recall, the original design was aerated lagoons, which was a huge excavation and major eyesores and for putting this raw sewage into these aerated lagoons. So our design has less environmental impacts because it's going to be designed using the latest technology, which is packaged units. But yet, that requires us to reuse the effluent for agriculture purposes. So our goal is our landscape architect doing the design. And we're going to continue to do the design with the hope that every drop of effluent-treated water would be reused on that 28 acres. So we could put the ag crops back into the community as animal feed crops or whatever ag we're going to end up using. So our landscape is working on it, but our limit, we are still limited and we have been delayed since May 6 when we asked for a right of entry. That was in May 6. Today, we're in November 8h. Six months' delay. If we continue that delay, we're going to be under major fines and penalties with the EPA. We have to show the EPA we're doing our due diligence to obtain that property. Like our Deputy Director had said, if the purchase ends up sooner than the eminent domain, that's the process we're going to take. But we have to work both processes to show the due diligence to the Federal agencies, because there's going to be major fines and penalties. We're already six months delayed, and that's why, in our last conversation with EPA, they wanted the commitment and the updates and the strategy, the schedule. So the idea of having the 28 acres was already cleared through multi documents and agreement with ATA, when the County funded the $4 million with the idea the County gets 28 acres out of the 2,000 acres. The County paid for it. And I understand it's for conservation, but it was admitted to also assist the community to get them off cesspool into a waste treatment plant. CHR. KIMBALL: Okay, I'm going to stop you there, Director, and we do have Corporation Counsel to weigh in on this. But just wanted to bring it back to the body if there's further questions. Council Member Evans, you had the floor. Page 17 Hawaii County Council-51 November 8,2024 MS. EVANS: Thank you. Thanks for mentioning Corporation Counsel because I was really thinking, again, this is kind of an unusual case, that you already anticipate that whatever is leftover will go into conservation. But if you eminent domain, you have to get the whole piece before you even decide what part goes back into conservation. So it's a little awkward. I was just wondering if you can this is for Corporation Counsel—can you go for eminent domain and put in that language, knowing that what is not going to be used will go into conservation? Can that be part of your agreement when you go into eminent domain? I don't know because I've never dealt with anything. It's a little unusual. MS. IOKEPA-MOSES: Can I just interject? Whether it's eminent domain or an outright seller's purchase, we're going to be purchasing the total 28 acres. And then after it's all built out, if there's any excess that's not in use, we're going to bring it back to the conservation easement. Either process, we have to purchase the whole property in order for us to start the long-term construction and things like that. So either way. MS. EVANS: Okay. So you'll have to execute an agreement to just what you said. Do you have that agreement in place that you willwhatever's remaining will go into conservation? Is that in writing? MR. MANSOUR: Yes. It's the agreement that was handed to County Council in the initial package. It's signed December 9, 2019. It's within your package. I believe it's paragraph no. 5 within the agreement. I don't have it in front of me. But if you look at the agreement that we had given you as part of the package, Council Member Evans, it's very clear in the agreement what to do with that 28 acres. It's already agreed on back in December of 2019. MR. FOX: Cindy, can I say something really quick? This is really important. If I have your permission. CHR. KIMBALL: Briefly, please. MR. FOX: It was never a quid pro quo for us to get the monies from the County to preserve this property, in return to accept all of the sewage from the community. And if you can find that anywhere, I'll go home right now. That was not what the situation was. That is not what Maile David wanted. She wanted to find a win-win solution for both of us. So that's why we, out of love for the community, because my family is from N5'51ehu. I do care, to my soul, about what happens in N5'51ehu. We wanted to do two good things through this. We wanted to preserve the property, but also help the County to find a solution. If you look at that agreement about excluding the 28 acres, it was just to leave it as an open option because the developer, Brenda's former employer, was eager to Page 18 Hawaii County Council-51 November 8,2024 sell the property. And they didn't want to give us any more extensions. So there is a conflict of interest in this situation that I did not bring up to your attention (inaudible). CHR. KIMBALL: This is not the appropriate forum to adjudicate that. MR. FOX: Okay. And that's not where I'm going with this. But there were about 20 different properties that were on the table for this plant. They couldn't consider this in the future if the County put a conservation easement over it. So that's why we just made it available, and that's why there were a lot of things that weren't finalized. If you do refer back to that agreement, it just left it open for the County to consider placement of a 14- or 15-acre treatment plant within that 28-acre footprint. The County didn't have time to do all the surveys and everything, necessarily, to determine exactly where the footprint would be, and that's why we wanted to give the County the flexibility to do that design later. That's also why we still have that issue with the access because none of us thought about it at the time, like, "How is the County going to actually get to this facility?" So a lot of those issues weren't ironed out. We are willing to have that conversation with the County. We want for this to be a win-win situation, but we do not support selling all of the 28 acres to the County in case they might need it, or might think about something else in the future. Those are the issues that need to be resolved now, and should be reflected in all the environmental assessment and Section 106 studies that are being conducted and requiring Federal consultation. CHR. KIMBALL: Thank you, Mr. Fox. MS. EVANS: I think I just have one last thing to say. If the eminent domain language could be really tight and written in such a way for what purpose to have eminent domain is and what the intention is, so that the County could not go above and beyond what the real purpose was and why everybody you, with your good intention, and Maile David and everybody else. As long as that intention stays true and it doesn't go beyond that, there may be a way to move forward with eminent domain as long as it's really tight on what that language is. That's the way I would see it moving forward. And I guess I'd have to ask Corporation Counsel: Who would be writing the eminent domain language, and making sure that it stays with good intent and really tight so that nobody goes above and beyond? So I don't know. Who writes the language if you go for eminent domain? Who would do that? Would it be the CHR. KIMBALL: I think that's a Corporation Counsel question. If we can get an answer from you folks? Page 19 Hawaii County Council-51 November 8,2024 MS. EVANS: And who would give the instructions on what that would be? (Note: At this time, Corporation Counsel Elizabeth Strance and Deputy Corporation Counsel Jean Campbell came forward to address the members of the Council.) MS. STRANCE: Good afternoon. Elizabeth Strance, Corporation Counsel. And with me this afternoon is Deputy Corporation Counsel Jean Campbell. An eminent domain action is a legal action. So the pleading will be prepared by lawyers from our office. That action is going to be subject to this agreement. So there is an agreement in place that was entered into, acknowledged, then anticipated the eminent domain proceeding may be filed. It's a requirement of the County's—it's an expectation of the EPA with the County, in compliance with its AOC (Administrative Order on Consent) that this property was identified and that the County move forward. And so I don't want to sound impatient, but the discussions that are being raised here, if an eminent domain case was filed, could be made in the eminent domain proceeding as to why the County shouldn't proceed. This resolution simply authorizes the County to move forward with that if it needs to, or if it wants to, in accordance with the agreement that was reached by the parties. There has been a lot discussed that demonstrate a reason why the parties should continue to speak with each other to try to work things out. But there is a certain amount of property that was carved out pursuant to that agreement, and the County would proceed with an eminent domain action if it needs to, based upon the terms of this agreement. And there are certain things that have to be done on the property and at the property that take time as part of the County moving forward to meet, I believe, a 2027 deadline to complete a wastewater treatment plant on this property. And I think that's the urgency that you hear from Director Mansour, is that there are deadlines that are taking away. And there are consequences to the County for not meeting those deadlines. And so the short answer to your question is that a lawyer in our office prepares the pleadings in an eminent domain action,just like it does in every other legal action. MS. EVANS: So my takeaway is the agreement says they can get 28 acres. So you could eminent domain 28 acres. There is nothing else in the agreement that implies that what they don't use goes back into conservation because that—unless it's in that agreement. If that's in the agreement that you referred to, which is this 2019 agreement, I would hope whatever that eminent domain document that's drafted understands that. Otherwise, I'm hoping this legislative hearing, which is of record, is something the department and everybody says is "That's what our Page 20 Hawaii County Council-51 November 8,2024 understanding is, is whatever isn't used goes to conservation easement." I mean, that's kind of what I'm hearing, is how does that get confirmed that in fact what they don't use goes back into conservation. CHR. KIMBALL: Council Member, I'm going to let Corporation Counsel answer that question, and then MS. EVANS: Yes, then I'm done. CHR. KIMBALL: The Clerk has indicated your time has expired, so we can pass it on to another member. So if you can respond. I believe the Director mentioned that that is in the agreement. MR. MANSOUR: It's paragraph 3 in the agreement. MS. STRANCE: I'll let Jean speak to that. I believe that language is in conservation. MS. CAMPBELL: I believe that that language is essentially in the conservation easement in that—and it may not be as explicit as we want because essentially the conservation easement I don't remember. If I can pull up the exact paragraph immediately. Anything that wasn't used. So if the County doesn't meet the deadline in the side agreement to construct the wastewater treatment plant by that deadline, anything goes back to the conservation easement. And so I think it would be reasonable to read the two agreements together the conservation easement and the side agreement—to indicate that whatever we don't use, whether it's two acres or five acres or whatever, we don't know today what that number is, does revert back to the conservation easement. And so it may begenerally, in an eminent domain proceeding, one of the things that the County needs to prove is our public purpose and what we need, and then what the appraised value is. So what the purchase price is. There's those two pieces, right. What do we need? Why do we need it? What's our public purpose? And so, as Corporation Counsel Strance mentioned, the discussion about how much we need and why we need it will take place in front of the court. That's an argument that we can have there. And certainly, if DEM (Department of Environmental Management), which I expect they will, stands by their statements today, that I believe are consistent with both of these agreements, that anything that we're not using is going to roll back, it'll be there. So I think we can all feel confident that anything that isn't used by DEM will go back. CHR. KIMBALL: Thank you. Council Member Kaneali`i-Kleinfelder, going to you. Page 21 Hawaii County Council-51 November 8,2024 MR. KANEALI`I-KLEINFELDER: Thank you. To Corporation Counsel, I understand the importance of the document in allowing for the negotiation to begin and occur. Maybe that's not the right term,but that's how I see it. It reads in the document the grantor in this document is ATA, but I'm struggling with that because the property was purchased with open space funds through the County. Who is the owner of the property? MS. CAMPBELL: So I'll give you guys a quick primer on conservation easements and the way that they work in the preservation fund arena. So we have two different ways that we can purchase things using our PONC (Public Access, Open Space, and Natural Resources Preservation Commission) acquisition fund. We can either buy them straight up in fee simple,where the County becomes the owner. Or we can provide, essentially, money to an organization, such as Ala Kahakai, to purchase the property, and then they immediately, in a back-to- back transaction, sell us a conservation easement. And so that's why they are the grantor. So, essentially, what happened was there were two side-by-side escrows. The County and the State put money into the I'm sorry. The County put money into our conservation easement escrow. The funds from our conservation easement escrow transferred over to the purchase escrow, which was between the previous owner and Ala Kahakai. So the necessary purchase funds went from our escrow that allowed us to buy the conservation easement directly into the purchase escrow that allowed Ala Kahakai to buy the property. So, today, Ala Kahakai is the fee simple owner of the whole property. And they have since, in a back-to- back transaction, sold us a conservation easement. MR. KANEALI`I-KLEINFELDER: What does us having the conservation easement grant the County? MS. CAMPBELL: What it does isso a conservation easement, and if you think about property ownership, and I think I've said this to you guys before, as a bundle of sticks, there's lots and lots of different individual rights that a property owner has. Essentially, what a conservation easement does is it takes virtually all of the development-related rights and sells them to the County. So, today, we own essentially all of the development rights. And the way the conservation easements work is that the holder of the conservation easement, the grantee, agrees that we are not going to exercise the right. We're not going to go down there and change the zoning and subdivide and put hotels or factories down there. So the way that a conservation easement works is the underlying landowner no longer has the right to develop the property. That's held by somebody who is not going to develop the property. So that's what we got when we got that conservation easement. Page 22 Hawaii County Council-51 November 8,2024 MR. KANEALI`I-KLEINFELDER: What other legal capability do we have as far as the County being a conservation easement owner? MS. CAMPBELL: We have the obligation to enforce this. MR. KANEALI`I-KLEINFELDER: Maybe specifically in regards to what is being discussed right now. MS. CAMPBELL: Well, the tricky thing about this one is the conservation easement does not include the 28 acres. So it was specifically carved out because we anticipated at the very beginning that we were going to want to put a wastewater treatment plant there, and that's not consistent with conservation easement uses. And so what we did was Ala Kahakai bought the entire property, and it included a carved out area via I think it's this sort of map. It's not a very specific thing or maybe it's metes and bounds; I don't recall exactly. It's a carved out area that says the conservation easement applies to all of this property except this little piece. Technically, it is not covered by the conservation easement. And so when we're talking about rolling it back into the conservation easement, that's a little bit of a misnomer because it's not there now. So, right now, the conservation easement doesn't apply to the 28 acres. And what we've said is, if we need 22 acres, the conservation easement will grow by 6 acres at the end of the process. MR. KANEALI`I-KLEINFELDER: Okay. The original agreement, if it left out the 28 acres for the conservation of the conservation easement, was that in the agreement at any time between us and ATA to be used in the future as a wastewater treatment facility? MS. CAMPBELL: Yes. MR. KANEALI`I-KLEINFELDER: Then why are we having this back-and-forth about who gets to do what with this piece of property? MS. CAMPBELL: I can't answer that. MR. KANEALI`I-KLEINFELDER: Okay. I think this conversation lends itself to the way we process using PONC funds in the future to purchase property, and how we should maintain those funds going forward and maintain the properties going forward, and whose ownership they should fall under. That is my thought right now based on what I'm hearing, to make sure we don't run into any problems in the future. Although this may never happen again, it could and this is a weird place to be, okay. Besides that Page 23 Hawaii County Council-51 November 8,2024 CHR. KIMBALL: Before you go on, Council Member, I see that the Director's hand is raised. I don't know if he had a specific comment on the briefly, Director, did you have a comment on ? MR. MANSOUR: No, I just—that was earlier, but I just want to refer to the agreement. The third "WHEREAS" is very clear about the 28 acres. In paragraph 3 within the same agreement, on the second page, it's very clear about—it talked about the 28 acres, once—if you want I could read it to you, but I think CHR. KIMBALL: No, I think we're good. MR. MANSOUR: It's very clear. It talks about the "as built"plan. Just refer to it because I know the question keeps coming up. But it's very clear-sighted in the agreement. Thank you. CHR. KIMBALL: Thank you, Director. All right. Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I'm going to be supporting this resolution today. Thank you. CHR. KIMBALL: Thank you, Council Member. Any further discussion from the body? Council Member Kagiwada. MS. KAGIWADA: I will also be supporting. I understand that Mr. Fox has some concerns, but I do believe the department when they say they have the best intentions. They want to do a private sale if at all possible. They want to move forward. And I understand the need for having this eminent domain in the back pocket just in case. So, really,just encouraging all parties to work towards that private sale, hopefully. Thanks. CHR. KIMBALL: Thank you, Council Member. Council MemberI'm not sure who's first over here. Vice Chair Inaba. MR. INABA: Thank you. As a backup tool, I understand that and I know this is something coming down from beyond just the scope of the County. I think I can confidently vote in favor of the resolution when we know we've exhausted the opportunity to purchase outside of eminent domain. So, with that, I'm going to make a motion to postpone Resolution 633 to the January 22nd Council meeting. And I think, at that point, we should have an idea of whether we are able to purchase—sorry. So that's the motion. Motion to Postpone: Mr. Inaba moved to postpone Res. 633-24 to January 22, 2025. Seconded by Ms. Kierkiewicz. Page 24 Hawaii County Council-51 November 8,2024 MR. INABA: With that, I heard clearly from the Corporation Counsel and from the department. And if you folks are not able to come to an agreement, then I will vote in support of allowing this resolution, the eminent domain proceeding. So I'll leave it at that and that's where I stand. Thank you. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. I echo the sentiments of Council Member Inaba. I'm not quite sure that we've exhausted all pathways. And so, do support a postponement. I think Mr. Fox has really articulated that there can be another way outside of this. It's a tool of last resort. So we can work a little bit longer just a few more months to try to arrive there. But if not, this is what is going down, Mr. Fox. So I really hope that there can be some sort of resolution between the parties before then. Thank you, I yield. CHR. KIMBALL: Thank you. On the postponement, Council Member Kagiwada. MS. KAGIWADA: Thank you. To either the Director or the Deputy Director, are there any serious concerns about delaying our Council vote till January, as far as holdups that would put us in danger, perhaps, and escalate the chances of us getting major fines from the EPA? MR. MANSOUR: Yes, there is. As I mentioned earlier, we're already six months behind. We requested the right of entry May 6 of this year. We just got it signed last week. It took six months just to sign a right of entry. So, even if we postpone it to January 22nd, my understanding is the appraisal process is going to take months and months. So, to me, we're defeating the purpose. Let's have it to—let's continue the process. And if the process falls through at any time, we need to use that tool. Because, we're sending the message to EPA that we're delaying it another three months. We're supposed to have construction completed three years from now. By December 31st, 2027, construction is supposed to be fully completed. We're already six months behind. That's already taken six months after the three years I have to complete the project. And, hopefully, the new Administration will take the lead, but they're going to be behind. And it's not right for us, at this time, to delay the upcoming Administration. So, therefore, I'm going to fight for it and fight for them as they come in, and fight for the County. It's not fair for taxpayers' money to get these major penalties and fines. We need to do our due diligence because it is going to hurt us. MS. KAGIWADA: Thank you. MS. IOKEPA-MOSES: And just one extra comment, please. And like we've agreed to, this is just a tool in the toolbox, right, for this Administration. We've Page 25 Hawaii County Council-51 November 8,2024 agreed to, after this reading has been passed, that we allow that 90-day window to pursue the private sell. After that 90 days, if we aren't making progress—if it's in escrow then it, like I said, this eminent domain only adds time. So we're not going to want—if we can do a private sell, that's in the best interest for both. But we've agreed to allow that 90 days after the final reading. So just make your decision based on what is the best interest of the County, at this point. MS. KAGIWADA: Thank you. All right, Mr. Fox, on that note but yeah, the delay. MR. FOX: We already signed the right of entry. I don't know why they can't send their appraiser out tomorrow if they want to. And I also think there's some conflicting statements. We didn't receive the draft right of entry until two days before that last Committee meeting. The Director confirmed that. MS. KAGIWADA: Understood. Thank you. MR. FOX: We've never been the delay. We've always been MS. KAGIWADA: Okay. That's okay. I think I got it. For me, I'm going to not support the delay. I think it needs to kind of be a bit of a parallel process, otherwise we're going toI feel like we'll be behind the 8 ball and potentially be really up for some big fines, as noted. So I'll be voting "no" on the postponement. Thanks. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder and then Council Member Evans, on the postponement. MR. KANEALI`I-KLEINFELDER: I won't be supporting the postponement. To me, it's pretty straightforward. There's going to be ongoing discussions between the department and ATA. There's an agreement that's being formed by the lawyers for the County. It's being decided. If it doesn't happen, this will happen. And I'm not going to postpone the measure to see when it happens, to then go back and talk about whether we should pass it or not. It needs to be in progress, because I'm not willing to wait for the back end of this where we get nailed with massive fines by the EPA because we haven't fulfilled the project in time. That doesn't make sense. If this body wants to delay it,then we should also be prepared to take on the fines and be accountable to the public for what it's going to cost them. Thank you. CHR. KIMBALL: Thank you, Council Member. Council Member Evans. MS. EVANS: I'm not going to support it. I don't like that it's going into January, a new Administration. I feel the next Council will probably have a Page 26 Hawaii County Council-51 November 8,2024 repeat conversation like we had today just to try to understand all the nuances. This is not the main motion. This is the postponement to January 22nd. No, I can't support that. Thank you. CHR. KIMBALL: Thank you. Any further discussion on the postponement? I'll just briefly chime in that I'm not comfortable with that length of a postponement. I would be willing to accept a postponement to the next Council meeting primarily because we do not have the Council Member from the district present. But that's to the extent I'm willing tooh, that's right. She's conflicted out. Thank you for reminding me. It holds. I'd rather do a postponement until the next Council hearing, as opposed to all the way in December,just because I do feel like—November 20d'? Just see how we're going. I'd rather check in. But I'm not going to support the postponement till January. All right. Mr. Clerk. MR. INABA: Confirming we're at second reading right now, yeah? This would be the final reading? CHR. KIMBALL: That's correct. Withdraw Motion Mr. Inaba withdrew his motion to postpone Res. 633-24 to to Postpone: January 22, 2025. Motion to Postpone: Mr. Inaba moved to postpone Res. 633-24 to November 20, 2024. Seconded by Ms. Kierkiewicz. CHR. KIMBALL: Any further discussion on the postponement? Would you want to make any statements? Okay. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Director Ramzi. MR. MANSOUR: Yes? MR. KANEALI`I-KLEINFELDER: In two weeks, are you going to be able to come back to this table and tell us that you've reached an agreement and that you're further on, and that we can proceed with this resolution? Is that enough time? Or are we going to come back to the table with the same information we have right now? MR. MANSOUR: To be honest with you, I'm going to come back to you with the same information. Two weeks? The purchase process, the appraisal process, the purchase process, going through escrow is not going to be two weeks. Let's be a realist. All we're doing is just kicking the can for another discussion. Unfortunately, I mean, two weeks is we're going to come back and we're going to go through the same discussion we're doing now. And, Council Member Kimball, I think Council Member Michelle Galimba, she was recused. Page 27 Hawaii County Council-51 November 8,2024 CHR. KIMBALL: Yes, that was that comment was made. Thank you. MR. MANSOUR: Yeah. So I still strongly recommend the passage of this resolution and allow us to continue. Going through the process is going to take more than two weeks: the appraisal, the survey, the subdivision map. I mean, all we're doing with the two weeks is just coming back with the same discussion. MR. KANEALI`I-KLEINFELDER: Thank you, Director. I agree with that statement, and I am more inclined to just move this and be done with it for a number of reasons. But if this body's will is to postpone it to the next meeting, so be it; I don't think that gains us anything and doesn't help the process at all. Thank you. CHR. KIMBALL: Thank you, Council Member. Council Member Evans. MS. EVANS: Thank you. But I do believe, Mr. Fox, I believe you recommended two more weeks. I'm not sure. You had some anticipation that something could happen. Could you comment on what you think could happen in two weeks, because you felt two weeks would help in your testimony. MR. FOX: I don't know why they haven't already done the appraisal. There's some other work they wanted to do, some brush cutting. I don't know why that hasn't been completed yet either. What we want to do is get some reassurance that the conservation values are protected. They can still draft a purchase agreement for us to start reviewing. I mean, it doesn't have to specify the appraisal amounts or the exact acreage yet, but we can there's things that we can be doing at the same time in order to reduce the frustration of the EPA, if that's what Director Ramzi's concerned with. MS. EVANS: Okay, thank you. You have their expectation. Thank you. Thank you, Director. Thank you, Mr. Fox. I yield. CHR. KIMBALL: Thank you. Any further commentary? Council Member Kagiwada. MS. KAGIWADA: Thank you. Director, I understand that you won't have any results in two weeks probably, but will you be able to come back and say we've gone to the property, we've started this work? Will there be anything you can tell us more than now if we postpone this by two weeks? Will there be work done between now and then? MR. MANSOUR: Yes, definitely, there will be work done. We already had the consultant lined up. We have the authorization for Mr. Fox to sign to allow us to do the subdivision process. Because he's the owner, we have to take the authority from him. If he's willing to sign it, we have the letter today. Brenda could give it Page 28 Hawaii County Council-51 November 8,2024 to him and have him sign it to authorize the County to proceed forward with the subdivision so we could subdivide the 28 acres and take it out; so we could appraise it and go through the purchasing process. MS. KAGIWADA: Okay. Thank you, Director Ramzi. MR. MANSOUR: It's a lengthy process. We're going to accomplish some milestones. MS. KAGIWADA: Okay, thank you. That's all I needed to know. I would also prefer to just get it done today, but if the will of the body is to two weeks, I can go with that. It doesn't sound like it's going to be that big of a deal. And maybe at least we'll see a little progress, and give a little for Mr. Fox here to feel like we are hearing his concern. So thanks. CHR. KIMBALL: Thank you, Council Member. All right, anyone else on the postponement for two weeks? Seeing none, Mr. Clerk, can we have a roll call, please. Vote on Motion to The motion to postpone Res. 633-24 to November 20, Postpone: 2024, was carried by the following roll call vote: (Approved) Ayes: Council Members Evans, Inaba, Kagiwada, Kierkiewicz, and Chair Kimball —5. Noes: Council Member Kaneali`i-Kleinfelder— 1. Absent: Council Members Galimba and Villegas —2. Excused: None. Page 29 Hawaii County Council-51 November 8,2024 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 First Reading: October 16, 2024 Motion to Approve: Mr. Inaba moved to pass Bill 134, Draft 3, on second and final reading. Seconded by Ms. Evans. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: Thank you. I just want to mahalo Council Member Evans for working with me, also the planning commissions. This did go through review by both planning commissions. Their recommendations and review helped to transform the bill, and most importantly, working with the staff and Director and Deputy of the Planning Department. So just my mahalo to all of them and ask for your continued support. Thank you, Chair, I yield. CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Bill 134: The motion to pass Bill 134, Draft 3, on second and final Draft 3 reading was carried by the following voice vote: (Adopted) Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —6. Noes: None. Absent: Council Members Galimba and Villegas —2. Excused: None. Page 30 Hawaii County Council-51 November 8,2024 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) First Reading: October 16, 2024 Motion to Approve: Ms. Evans moved to pass Bill 204 on second and final reading. Seconded by Mr. Inaba. MS. EVANS: Thank you. This just makes us in compliance. This is the road that got swapped. This was a State road that became a County road. CHR. KIMBALL: Thank you, Council Member Evans. Director Pause just let me know he is going to be available with a few minutes' notice, but it seems like we probably don't need that for this stage in the game. Okay, seeing no further comments, all those in favor please say "aye." Vote on Bill 204: The motion to pass Bill 204 on second and final reading (Adopted) was 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 and Villegas —2. 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) First Reading: October 16, 2024 Motion to Approve: Ms. Evans moved to pass Bill 205 on second and final reading. Seconded by Mr. Inaba. Page 31 Hawaii County Council-51 November 8,2024 CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. I ask for your support. The neighborhood is a mixed commercial; restaurants, some housing. And the shoulder of the road is all being used for parking. People were diagonal. They were out in the road. So this is really a great in that it's striped, and it's just making it a lot—it's much safer. And it's a road that is getting extremely well-traveled also. CHR. KIMBALL: Okay, thank you. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Bill 205: The motion to pass Bill 205 on second and final reading (Adopted) was 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 and Villegas –2. 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 First Reading: October 16, 2024 Motion to Approve: Mr. Inaba moved to pass Bill 206, Draft 2, on second and final reading. Seconded by Ms. Kierkiewicz. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: I just want to mahalo all the testifiers who came out throughout the process of this bill. And, again, heading us all towards a more peaceful world and having that be the goal. So a statement from our County, at the least. Mahalo. CHR. KIMBALL: Thank you. Any other discussion? Seeing none, all those in favor please say "aye." Page 32 Hawaii County Council-51 November 8,2024 Vote on Bill 206: The motion to pass Bill 206, Draft 2, on second and final Draft 2 reading was carried by the following voice vote: (Adopted) Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —6. Noes: None. Absent: Council Members Galimba and Villegas —2. 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) First Reading: October 16, 2024 Vote on Bill 209: Mr. Inaba moved to pass Bill 209 on second and final (Adopted) reading. Seconded by Ms. Kagiwada 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 and Villegas —2. Excused: None. Page 33 Hawaii County Council-51 November 8,2024 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) First Reading: October 16, 2024 Vote on Bill 210: Mr. Kaneali`i-Kleinfelder moved to pass Bill 210 on (Adopted) second and final reading. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —6. Noes: None. Absent: Council Members Galimba and Villegas —2. 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) First Reading: October 16, 2024 Page 34 Hawaii County Council-51 November 8,2024 Vote on Bill 211: Mr. Kaneali`i-Kleinfelder moved to pass Bill 211 on (Adopted) second and final reading. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —6. Noes: None. Absent: Council Members Galimba and Villegas —2. Excused: None. 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 First Reading: October 16, 2024 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 212 on second and final reading. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I appreciate everyone's continued support on this measure. Just again for the public,there's a provision in Hawaii Revised Statutes 46-88 that exempts building permits for agricultural structures such as greenhouses. But the caveat is it's got to be on properties that are two acres or more. So what this bill does today, it allows for smaller properties to install greenhouses on residential, agricultural lots under two acres, thus allowing folks to do this without having to go through a building permitting process, so long as plumbing and electrical work are not being done to these units. This definitely helps to increase food resilience for each of our households here on Hawaii Island. The other thing that this bill does is it increases the cost threshold for repairs that are made on buildings for certain repairs. Again, exempting from the building permitting process, the cost threshold goes from $7,500 to $25,000. Really takes into consideration the rising cost of materials, labor costs, and again reduces regulatory hurdles and really cleans up a lot of unnecessary permitting requests to our Building Division. So, looking for everyone's continued favorable support on this measure. Thank you. Page 35 Hawaii County Council-51 November 8,2024 CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Bill 212: The motion to pass Bill 212 on second and final reading (Adopted) was 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 and Villegas —2. 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) First Reading: October 16, 2024 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 second and final reading. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: We have had good discussion on this. We have been provided a lot of information by the department on why and how this project is important to the County of Hawaii. I will be supporting. Thank you. CHR. KIMBALL: Thank you. Council Member Evans. MS. EVANS: I'm supportive of the (inaudible). I wanted to have the Director of Finance just to quickly say we're going to increase it; where would we get the money? Where was the revenue for the increase? And I know it's General Obligation Bonds, but I think there may be other sources. Where are you going to get the money to increase the appropriation? Page 36 Hawaii County Council-51 November 8,2024 (Note: At this time, Finance Director Diane Nakagawa came forward to address the members of the Council.) MS. NAKAGAWA: Good afternoon, Council. Diane Nakagawa, Finance Department. In this item this is in conjunction with the next item for the issuance of a $150 million bond authorization. We do have some CRF (Contingency Relief Fund) money that's programmed in there, but primarily, this is coming from bond funding. So we look at—when we look at the bond funding, we take into account what our debt service will be, and that is programmed into our overall budget. In this case, kind of jumping ahead to the next item, we've taken a look. And for our next year's budget, already programmed the debt service into our status quo budget. MS. EVANS: Okay, so with the next budget cycle coming up, which starts, you know, will that— MS. hatMS. NAKAGAWA: Which we're starting on now for next fiscal year. MS. EVANS: And will there be something on the wastewater treatment plant? MS. NAKAGAWA: It will be the debt service that is needed to pay for the bond issuance, which is the next item. But this is the appropriation request. MS. EVANS: Okay, all right. Thank you. MS. NAKAGAWA: You're welcome. MS. EVANS: I yield. CHR. KIMBALL: Thank you, Council Member. Anyone else? Seeing no further comments, all those in favor please say "aye." Vote on Bill 214: The motion to pass Bill 214 on second and final reading (Adopted) was 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 and Villegas –2. Excused: None. Page 37 Hawaii County Council-51 November 8,2024 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) First Reading: October 16, 2024 CHR. KIMBALL: Before I take a motion on this,please let the record reflect as of 3:04 I am passing the chair to Vice Chair Inaba and recusing myself from this particular item. Thank you. 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 second and final reading. Seconded by Ms. Evans. ACTING CHR. INABA: Any discussion? Council Member Kaneali`i- Kleinfelder. MR. KANEALII-KLEINFELDER: Thank you, Chair. To the Director, we are switching administrations. Going forward, does this project and the details in the way the bond is set up hold its current structure going into next year? (Note: At this time, Finance Director Diane Nakagawa came forward to address the members of the Council.) MS. NAKAGAWA: Let me try to answer to see if I have your question correct. Our team is in place. We have staff that will continue beyond any changes in the Administration. We do have our bond counsel in place, and we have a plan ready to go. All that will be ready for any transition that should occur, and we will make sure that all information is readily available and staff will be on hand too. So we'll be ready. Page 38 Hawaii County Council-51 November 8,2024 MR. KANEALI`I-KLEINFELDER: Okay. As far as the projects, because there's a number of projects in our different departments, is that held within the bond? Is the funding for those different items held going forward, or can it be switched in six months? MS. NAKAGAWA: I'm not sure I'm understanding your question. MR. KANEALI`I-KLEINFELDER: Like projects that we've listed on the back within the morgue—like County morgue, different Public Works Department repair and maintenance projects, Parks and Rec. ADA (Americans with Disabilities Act), Waiakea Uka Park. MS. NAKAGAWA: Yeah. So these are still the projects that are a priority. As is in Finance, a lot of these are priorities in the other departments that they are ready and able to work on. And I would assume that these would be as ready to go in the transition, as everything else will be. MR. KANEALI`I-KLEINFELDER: Okay, thank you. MS. NAKAGAWA: You're welcome. MR. KANEALI`I-KLEINFELDER: I yield, Chair. ACTING CHR. INABA: Thank you. Council Member Kimball. Oh, no? All right. Seeing no further discussion, all those in favor of approving Bill 215 at second and final reading,please say "aye." Vote on Bill 215: The motion to pass Bill 215 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Acting Chair Inaba–5. Noes: None. Absent: Council Members Galimba and Villegas –2. Excused: Council Member Kimball – 1. Relinquish Chair: At this time, Acting Chair Inaba relinquished the chair to Chair Kimball. Return to Order The Chair directed the Council to return to the order of business. of Business: Page 39 Hawaii County Council-51 November 8,2024 Res. 680-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE FRIENDS OF THE LIBRARY—WAIKOLOA REGION FOR EXPENSES RELATING TO THE BABY'S FIRST BOOK PROJECT Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1112 Intr. by: Ms. Evans Motion to Approve: Ms. Evans moved to adopt Res. 680-24. Seconded by Ms. Kagiwada. CHR. KIMBALL: Council Member Evans. MS. EVANS: This is Baby's First Book. It's a great program to promote reading. CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 680-24: The motion to adopt Res. 680-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —5. Noes: None. Absent: Council Members Galimba, Inaba, and Villegas —3. Excused: None. Res. 681-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE NORTH KOHALA COMMUNITY RESOURCE CENTER FOR EXPENSES RELATING TO THE NORTH KOHALA STUDENT CULTURAL ENRICHMENT PROGRAM Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1113 Intr. by: Ms. Evans Page 40 Hawaii County Council-51 November 8,2024 Motion to Approve: Ms. Evans moved to adopt Res. 681-24. Seconded by Ms. Kagiwada. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. It's my pleasure to ask for your support for this program. This group has been working for years on supporting the teachers of our Kohala Elementary School. And this really supports all the teachers, to give them supplies and give them opportunities for the students to give them cultural enrichment. They take them to—sometimes they'll bus them up to Waimea so they can be exposed to the arts and the cultural programs that Kahilu Town theater puts on. And so it really expands the young people and gives them exposure. It's been a wonderful program; well-received. But this is the first time they've ever asked for us to support them, and I think it's a good program. Thank you. CHR. KIMBALL: Thank you. All right. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 681-24: The motion to adopt Res. 681-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —5. Noes: None. Absent: Council Members Galimba, Inaba, and Villegas —3. Excused: None. Res. 682-24: 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 4); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 1114 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 682-24. Seconded by Ms. Kagiwada. Page 41 Hawaii County Council-51 November 8,2024 CHR. KIMBALL: Council Member Kierkiewicz. No comment? All those in favor,please say "aye." I'm sorry, any further discussion? Did you have a comment, Council Member? MS. EVANS: I just want to say this is such a wonderful—Going Home Hawaii, what an organization. I'm happy to support this. Thank you. CHR. KIMBALL: Thank you. All right, any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 682-24: The motion to adopt Res. 682-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball –6. Noes: None. Absent: Council Members Galimba and Villegas –2. Excused: None. Res. 683-24: 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 MARINE MAMMAL CENTER FOR ITS MARINE SCIENCE AND CONSERVATION PROGRAMS WITH KE KAI OLA Transfers $2,000 from the Clerk-Council Services –Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1115 Intr. by: Mr. Inaba Motion to Approve: Mr. Inaba moved to adopt Res. 683-24. Seconded by Ms. Kagiwada. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: Just ask for your support. They have a lot of good programs both in our schools and enrichment programs. So lots of good knowledge to share. Mahalo. CHR. KIMBALL: Thank you, Vice Chair. Any further discussion? Seeing none, all those in favor please say "aye." Page 42 Hawaii County Council-51 November 8,2024 Vote on Res. 683-24: The motion to adopt Res. 683-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —6. Noes: None. Absent: Council Members Galimba and Villegas —2. Excused: None. Res. 684-24: 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 HAWAII KEIKI MUSEUM FOR EXPENSES RELATING TO SIGNAGE AT ITS MUSEUM IN WAIKOLOA Transfers $6,500 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1116 Intr. by: Ms. Evans Motion to Approve: Ms. Evans moved to adopt Res. 684-24. Seconded by Ms. Kagiwada. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. This keiki museum has really added something for everybody, actually, but for our children especially. It really promotes STEM (science, technology, engineering or mathematics). It's a great learning museum. I highly recommend you go check it out. It's very interactive. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 684-24: The motion to adopt Res. 684-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —6. Noes: None. Absent: Council Members Galimba and Villegas —2. Excused: None. Page 43 Hawaii County Council-51 November 8,2024 Res. 685-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE PHASE THREE EXPANSION OF ROOTS SKATEPARK AT KAMEHAMEHA PARK IN COUNCIL DISTRICT 9 Transfers $20,000 from the Clerk-Council Services –Contingency Relief account (Council District 9); and credits to the Department of Parks and Recreation, Transfer to Capitol Projects Fund account. Reference: Comm. 1117 Intr. by: Ms. Evans Motion to Approve: Ms. Evans moved to adopt Res. 685-24. Seconded by Ms. Kagiwada. CHR. KIMBALL: Any further discussion, Council Member Evans? MS. EVANS: I just want to thank the two testifiers at the beginning today. They really covered it well. It's an important—this really adds so much to the community. Thank you. CHR. KIMBALL: Thank you. They did a great job. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 685-24: The motion to adopt Res. 685-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball –6. Noes: None. Absent: Council Members Galimba and Villegas –2. Excused: None. Res. 686-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE WAIMEA PRESERVATION ASSOCIATION FOR ITS WAIKOLOA CERT PROJECT Transfers $2,200 from the Clerk-Council Services –Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1118 Intr. by: Ms. Evans Motion to Approve: Ms. Evans moved to adopt Res. 686-24. Seconded by Ms. Kagiwada. Page 44 Hawaii County Council-51 November 8,2024 CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. I ask for your support on the CERT volunteers, which is Community Emergency Response Team. They're amazing and I want to support these volunteers. Thank you. CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 686-24: The motion to adopt Res. 686-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —6. Noes: None. Absent: Council Members Galimba and Villegas —2. Excused: None. Res. 687-24: 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 HILO DOWNTOWN IMPROVEMENT FOUNDATION'S PUMPKIN PATCH EVENT Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1119 Intr. by: Ms. Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 687-24. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: Thank you. I was very happy to be able to help support the pumpkin patch. The funds went to buying pumpkins so that children could take home pumpkins for carving and for Halloween, which, to me, is a wonderful green way that we can participate, instead of providing something like plastic toys or eating candy. I felt very happy to be asked to help support this. So thank you and I look for your support. CHR. KIMBALL: Thank you, Council Member. All right. Any other discussion? Seeing none, all those in favor please say "aye." Page 45 Hawaii County Council-51 November 8,2024 Vote on Res. 687-24: The motion to adopt Res. 687-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —6. Noes: None. Absent: Council Members Galimba and Villegas —2. Excused: None. Res. 688-24: 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 12 STEP OHANA CLUB OF KONA, INC., TO ASSIST WITH EXPENSES FOR ITS RECOVERY MEETINGS Transfers $4,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1120 Intr. by: Ms. Villegas Motion to Approve: Mr. Inaba moved to adopt Res. 688-24. Seconded by Ms. Kagiwada. CHR. KIMBALL: Anything to share? MR. INABA: Yeah. I just want to explain I'd had a similar resolution for the 12-step program. So it's just combining our efforts there to support this program. Asking support on behalf of Council Member Villegas. CHR. KIMBALL: Thank you. Any further discussion on this one? Seeing none, all those in favor please say "aye." Vote on Res. 688-24: The motion to adopt Res. 688-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —6. Noes: None. Absent: Council Members Galimba and Villegas —2. Excused: None. Page 46 Hawaii County Council-51 November 8,2024 Res. 689-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOMELESS TASK FORCE FOR ITS OUTREACH AND ENGAGEMENT EFFORTS Transfers $25,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 1121 Intr. by: Ms. Villegas Motion to Approve: Mr. Inaba moved to adopt Res. 689-24. Seconded by Ms. Kagiwada. CHR. KIMBALL: Vice Chair Inaba. Nothing? Okay. I think we had some good testimony on this earlier on what's the intended uses for this. So, all those in favor,please say "aye." Vote on Res. 689-24: The motion to adopt Res. 689-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —6. Noes: None. Absent: Council Members Galimba and Villegas —2. Excused: None. Res. 690-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KAHALU'U KUAHEWA FOR THE MAINTENANCE AND REVITALIZATION OF THE WAHI KUPUNA KAHALU'U FIELD SYSTEM Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1122 Intr. by: Mr. Inaba Motion to Approve: Mr. Inaba moved to adopt Res. 690-24. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. KIMBALL: Vice Chair Inaba. Page 47 Hawaii County Council-51 November 8,2024 MR. INABA: Thank you. Just inviting those both in the Kona community and across the island. A very cool restoration of the Kona field system in the Keauhou-Kahalu`u area of Kona, in the upper lands. So, if you ever have questions, please go check out their website or let me know. I ask for your support. CHR. KIMBALL: Thank you, Vice Chair Inaba. Very cool project, yeah. Thanks. All right, all those in favor please say "aye." Vote on Res. 690-24: The motion to adopt Res. 690-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —6. Noes: None. Absent: Council Members Galimba and Villegas —2. Excused: None. Res. 700-24: 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 $3,500 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1138 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 700-24. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: That's a good event. Look forward to supporting. Thank you. CHR. KIMBALL: Anyone else? Seeing none, all those in favor please say Ic aye. Page 48 Hawaii County Council-51 November 8,2024 Vote on Res. 700-24: The motion to adopt Res. 700-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —6. Noes: None. Absent: Council Members Galimba and Villegas —2. Excused: None. Res. 701-24: 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 Transfers $5,500 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Office of the Prosecuting Attorney, Public Programs account. Reference: Comm. 1139 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 701-24. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. I had a chance to visit their house and their space. It was really cool what they've done. And then when I got to know all the different ladies who were in charge of the program, I realized how many of them I've known for years. They've really taken this on, and it's so near and dear to them. So, happy to support the program; others on the Council have as well. Just a real feel good resolution. Thank you. CHR. KIMBALL: Thank you, Council Member. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 701-24: The motion to adopt Res. 701-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —6. Noes: None. Absent: Council Members Galimba and Villegas —2. Excused: None. Page 49 Hawaii County Council-51 November 8,2024 Res. 702-24: 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 5); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 1140 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 702-24. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: In support of Mr. Les Estrella's work to really address homelessness and rehabilitation in our community. He's doing a tremendous job. And this SIM (Sequential Intercept Model) report that he's putting together is absolutely a necessity in Hawaii County, understanding the problem and being able to address it. And just the way he's described it, the amount of work he's put into it is absolutely amazing. So I look for everyone's support. Thank you. CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 702-24: The motion to adopt Res. 702-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —6. Noes: None. Absent: Council Members Galimba and Villegas —2. Excused: None. Page 50 Hawaii County Council-51 November 8,2024 Res. 703-24: 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 HAWAII KEIKI MUSEUM FOR EXPENSES RELATING TO THE COORDINATION AND FACILITATION OF THE K-12 EDUCATION WORKFORCE DEVELOPMENT PROJECT Transfers $3,625 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Research and Development, Hawaii County Resource Center account. Reference: Comm. 1141 Intr. by: Ms. Kimball Motion to Approve: Mr. Inaba moved to adopt Res. 703-24. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. KIMBALL: I will just ask for everybody's support. This came out of the discussions that were had at the youth congress. While the youth were meeting together and doing their deliberations, the teachers actually met in another room and were starting to have discussions about how to add more sustainability curriculum into K-12 education. So this is some funding for them to continue those conversations with the educators that participated around the island. So I ask for everybody's support. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 703-24: The motion to adopt Res. 703-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —6. Noes: None. Absent: Council Members Galimba and Villegas —2. 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-51 November 8,2024 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: Before we adjourn, I did want to mention, first of all, we had nearly 70 percent participation in our elections. So I wanted to—in our voting in Hawaii County. Correct, Clerk? About there? MR. HENRICKS: Sixty-nine point seven. Let's round it up. CHR. KIMBALL: Let's round it up, for sure. So, first of all, I just want to acknowledge everybody who participated in the democratic process. It is so very important. And then, secondly, I just wanted to mahalo all of the election workers, both those that are employees of the County and all the folks that volunteer to help out at our election sites. Your persistence and patience was really impressive and on display, especially during election night. But you did serve throughout the entire time, making this election very fair and open to the public. So we want to take this time to mahalo all of our election workers as well. And with that, if there are no further announcements? Council Member Kagiwada. MS. KAGIWADA: Thank you so much. I just want to invite everybody on the Council. I was asked by the chair of the Youth Commission to please extend invitations to everybody here on the Council to the final Youth Commission meeting of the year, which will be held on Wednesday, November 27h, in Kona from three to five. But if you can't make the whole time, if you could come like around four, that would be great. They're going to be—half of the commission is going to be going off, and we'll be getting new people there. And we want to say our mahalos and really support them. So, if anybody can make it, that would be great. We'd really appreciate that. Thank you so much. CHR. KIMBALL: Thank you, Council Member Kagiwada. Please send that out to everyone in an email so we don't forget. Any further announcements? Seeing none, and no further business, this Council is adjourned. Page 52 Hawai`i County Council-51 November 8,2024 ADJOURN- There being no further business, Chair Kimball adjourned the meeting at 3:31 p.m. MENT: Council Approval: DEC 1 8 2024 COUNTY CLERK JH/dg Page 53