Loading...
HomeMy WebLinkAboutMIN COUNCIL 2024-11-20 2022-2024 Hawaii County Council 52nd Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii November 20, 2024 INVOCATION: Pastor Jason Meechan of Kona Faith Center gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:02 a.m., in the Council Chambers, Kailua-Kona, by Ms. Heather L. Kimball, Chair. ROLL CALL: Present: Ms. Heather L. Kimball, Chair Mr. Holeka Goro Inaba, Vice Chair Ms. Cindy Evans, Member Ms. Michelle M. Galimba, Member Ms. Jenn Kagiwada, Member (via videoconference from Hilo) Mr. Matt Kdneali`i-Kleinfelder, Member (via videoconference from Hilo; came in later) Ms. Ashley L. Kierkiewicz, Member(came in later) 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 (Note: At this time, Mr. Inaba presented the November 2024 Hdweo Award to EXPRESSIONS OF Fire/Emergency Medical Services Specialist Kilipaki Kanae of the Hawaii Fire CONDOLENCE: Department.) Recess: At 9:11 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:14 a.m. Hawaii County Council-52 November 20,2024 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: Karen Eoff: Res. 719-24 (Comm. 1166), in support. (representing Kohanaiki `Ohana) Antu Harvey: Bill 169, Draft 3 (Comm. 896.148), in opposition. Cory Harden: Bill 169, Draft 3 (Comm. 896.148), in opposition. (See Comm. 896.230) Eileen O'Hara: Res. 711-24 (Comm. 1156); (representing Malama O Puna) Res. 712-24 (Comm. 1157); Res. 716-24 (Comm. 1163); Res. 717-24 (Comm. 1164); and Res. 718-24 (Comm. 1165), in support. Lamaku Mikahala Roy: Bill 169, Draft 3 (Comm. 896.148), comment. (See Comm. 896.248) Hannah Hartmann: Res. 715-24 (Comm. 1161), in support. Timothy Rowan: Res. 711-24 (Comm. 1156); (representing Black Sands Res. 712-24 (Comm. 1157); Beach Property Owners Res. 716-24 (Comm. 1163); Association and Malama Res. 717-24 (Comm. 1164); and O Puna) Res. 718-24 (Comm. 1165), in support. Jade Kailiula Avery-Niihau: Res. 711-24 (Comm. 1156), comment. Kasey Kuulei Avery: Res. 711-24 (Comm. 1156), comment. Carrie Kowalski: Res. 711-24 (Comm. 1156), comment. (representing Black Sands Beach Property Owners Association) Renee Robinson: Bill 169, Draft 3 (Comm. 896.148), in opposition. Joel Gimpel: Bill 169, Draft 3 (Comm. 896.148), in opposition. (representing Pualani Estates (See Comm. 896.228) at Kona) Page 2 Hawaii County Council-52 November 20,2024 Rebecca Melendez: Bill 169, Draft 3 (Comm. 896.148), in opposition. (See Comm. 896.244) John Powell: Bill 169, Draft 3 (Comm. 896.148), in opposition. (See Comm. 896.247) Janice Palma-Glennie: Bill 169, Draft 3 (Comm. 896.148), in opposition. Ellie Moss: Res. 715-24 (Comm. 1161), in support. (representing Perpetual) Jesse Potter: Res. 723-24 (Comm. 1170), in support. (representing P6h5h5 I Ka Lani) Janice Palma-Glennie: (Note: Due to technical difficulties experienced earlier, Ms. Palma-Glennie was allowed to continue her testimony on Bill 169, Draft 3) Jennifer Navarra: Res. 715-24 (Comm. 1161), in support. (representing Zero Waste Hawaii Island) David Blancett-Maddock: Bill 169, Draft 3 (Comm. 896.148), in opposition. Daniel Malakie: Bill 169, Draft 3 (Comm. 896.148), in opposition. Lou Putzel: Res. 725-24 (Comm. 1172), in support. (Friends of Amy B. H. Greenwell Ethnobotanical Garden) Elizabeth Dunn: Bill 169, Draft 3 (Comm. 896.148), in opposition. (See Comm. 896.224) Chuck Flaherty: Bill 169, Draft 3 (Comm. 896.148), in opposition. (representing Sierra Club — (See Comm. 896.245) Hawaii Island Group) Andrea Wernli: Res. 709-24 (Comm. 1154), in support. (representing Hawaii Island Adult Care) Page 3 Hawaii County Council-52 November 20,2024 Diga Kern: Res. 716-24 (Comm. 1163); (representing Malama O Puna Res. 717-24 (Comm. 1164); and Hawaii Environmental Res. 718-24 (Comm. 1165); and Restoration) Res. 719-24 (Comm. 1166); in support. Keoni Fox: Res. 720-24 (Comm. 1167); (representing Ala Kahakai Res. 721-24 (Comm. 1168); Trail Association) Res. 722-24 (Comm. 1169); and Res. 724-24 (Comm. 1171); in support. Janice Kerr: Bill 169, Draft 3 (Comm. 896.148), in opposition. (See Comm. 896.237) Clare Loprinzi: Bill 169, Draft 3 (Comm. 896.148), in opposition. (See Comm. 896.239) Noelle Lindenmann: Bill 169, Draft 3 (Comm. 896.148), in opposition. (See Comm. 896.238) Janet Matlock: Bill 169, Draft 3 (Comm. 896.148), in opposition. (See Comm. 896.241) Peter Matlock: Bill 169, Draft 3 (Comm. 896.148), in opposition. (See Comm. 896.242) Paulette Kaala Robenson: Bill 169, Draft 3 (Comm. 896.148), in opposition. Kiana Kanahele: Res. 708-24 (Comm. 1153); Res. 711-24 (Comm. 1156); Res. 715-24 (Comm. 1161); Res. 716-24 (Comm. 1163); Res. 717-24 (Comm. 1164); Res. 718-24 (Comm. 1165); and Res. 723-24 (Comm. 1170); in support. Anita Barker: Bill 169, Draft 3 (Comm. 896.148), in opposition. Simmy McMichael: Bill 169, Draft 3 (Comm. 896.148), in opposition. (See Comm. 896.243) John Bennett: Bill 169, Draft 3 (Comm. 896.148), in opposition. 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-52 November 20,2024 GOEAC-164 NOMINATION OF ANNETTE AIONA TO THE MERIT APPEALS BOARD (Comm. 1142): Requires Council Confirmation by: December 4, 2024 (Section 13-4(k), Hawaii County Charter) (Note: Comm. 1142.1, from Mayor Mitchell D. Roth dated November 18, 2024, withdrawing Ms. Aiona's nomination to the Merit Appeals Board, was circulated.) Withdraw CHR. KIMBALL: Before I take a motion, we have received a communication GOEAC-164: from the Mayor's office, Communication 1142.1, withdrawing this nomination. So the Council will take no action today, and this will not be subject to the 45-day limit. GOEAC-165 NOMINATION OF GARY "GIGI"NAPOLEON TO THE POLICE (Comm. 1143): COMMISSION Requires Council Confirmation by: December 4, 2024 (Section 13-4(k), Hawaii County Charter) (Note: Comm. 1143.1, from Mayor Mitchell D. Roth dated November 18, 2024, withdrawing Mr. Napoleon's nomination to the Police Commission, was circulated.) Withdraw CHR. KIMBALL: Similarly, we have received a communication from the GOEAC-165: Mayor's office, (Communication) 1143.1, withdrawing the nomination of Gary Napoleon. So the Council will take no action on this item, and it will not be subject to the automatic approval. GOEAC-166 NOMINATION OF GORDON TAKAKI TO THE WINDWARD PLANNING (Comm. 1144): COMMISSION Requires Council Confirmation by: December 4, 2024 (Section 13-4(k), Hawaii County Charter) Motion to Approve: Mr. Inaba moved to adopt Governmental Operations and External Affairs Committee Report No. 166. Seconded by Ms. Kierkiewicz. (Council Member Villegas said she is not in support of Mr. Takaki's nomination and requested that a roll call vote be taken.) Page 5 Hawaii County Council-52 November 20,2024 Vote on The motion to adopt Governmental Operations and GOEAC-166: External Affairs Committee Report No. 166 was carried by (Adopted) the following roll call vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz, and Chair Kimball—6. Noes: Council Member Villegas — 1. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. GOEAC-167 NOMINATION OF JOSHUA SZE TO THE VETERANS ADVISORY (Comm. 1145): COMMITTEE Vote on Mr. Inaba moved to adopt Governmental Operations and GOEAC-167: External Affairs Committee Report No. 167. Seconded by (Adopted) Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. (Council Member Evans thanked Mr. Sze for his willingness to serve.) Res. 691-24: URGES THE HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION AND THE PLANNING DIRECTOR TO APPROVE THE KA LEI MOMI LANAKILA HOMES AFFORDABLE HOUSING PROJECT, LOCATED ON AN 8.65-ACRE PORTION OF THE PROPERTY IDENTIFIED BY TAX MAP KEY NO. 2-4-028:007 IN HILO, HAWAII, SUBJECT TO THE NINTH PROCLAMATION RELATING TO AFFORDABLE HOUSING ISSUED BY GOVERNOR OF THE STATE OF HAWAII The Hawaii Public Housing Authority propose to construct 22 two-story buildings to provide 257 affordable housing units to households earning 60 percent or less of the area median income. Reference: Comm. 1126 Intr. by: Ms. Kagiwada Approve: GOEAC-168 Motion to Approve: Ms. Kagiwada moved to adopt Res. 691-24 and Governmental Operations and External Affairs Committee Report No. 168. Seconded by Ms. Kierkiewicz. CHR. KIMBALL: Council Member Kagiwada. Page 6 Hawaii County Council-52 November 20,2024 MS. KAGIWADA: I think we had good discussion, and we had a presentation in Committee. So, unless there are further questions, I'm ready to go. CHR. KIMBALL: Okay, thank you. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 691-24: The motion to adopt Res. 691-24 and Governmental (Adopted) Operations and External Affairs Committee Report No. 168 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Res. 692-24: AUTHORIZES THE PLANNING DEPARTMENT TO AWARD FUNDS TO THE LEILANI ESTATES NEIGHBORHOOD WATCH THROUGH THE GEOTHERMAL RELOCATION AND COMMUNITY BENEFITS PROGRAM FOR IMPROVEMENTS TO LEILANI ESTATES COMMUNITY PARK Provides $435,000 in grant funds to support the revitalization efforts to the Leilani Estates Community Park. Reference: Comm. 1127 Intr. by: Ms. Kierkiewicz Approve: FC-211 Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 692-24 and Finance Committee Report No. 211. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. We had a really comprehensive discussion in Committee. Looking for everyone's continued support of this one-time grant utilizing geothermal community benefit funds to support revitalization of Leilani Estates Community Park, which was severely impacted because of the 2018 eruption. Thank you, I yield. CHR. KIMBALL: Any further discussion? Seeing none, all those in favor please say "aye." Page 7 Hawaii County Council-52 November 20,2024 Vote on Res. 692-24: The motion to adopt Res. 692-24 and Finance Committee (Adopted) Report No. 211 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Res. 693-24: APPROVES THE LEGISLATIVE PROPOSALS AND PRIORITIES FOR (Draft 2) INCLUSION IN THE 2025 HAWAII STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE Includes proposals relating to the regulation of tobacco products, deferred retirement for Police, the environment, cesspools, general excise tax, conveyance tax, and housing; and nine policy priorities relating to: (1) increasing funds for emergency preparedness; (2) lowering the cost and expanding the availability of insurance for homeowners and businesses; (3) workforce development; (4) game management of wild ungulates; (5)promoting producer responsibility for solid waste; (6)prioritizing and promoting safe routes to school; (7) increasing food security and access to locally-produced food; (8) improving public safety, expanding and access to mental health resources, and establishing community courts; and (9)preventing and combatting squatters and supporting property owners and communities impacted by squatters. Reference: Comm. 1128.2 Intr. by: Ms. Kimball Approve: GOEAC-169 Motion to Approve: Mr. Inaba moved to adopt Res. 693-24, Draft 2, and Governmental Operations and External Affairs Committee Report No. 169. Seconded by Ms. Kierkiewicz. CHR. KIMBALL: I just ask for my colleagues' support. We had a discussion about this in previous sessions. Any further discussion? Seeing none, all those in favor please say "aye." Page 8 Hawaii County Council-52 November 20,2024 Vote on Res. 693-24: The motion to adopt Res. 693-24, Draft 2, and Draft 2 Governmental Operations and External Affairs Committee (Adopted) Report No. 169 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Res. 694-24: AUTHORIZES THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT TO AWARD FUNDS TO VARIOUS ORGANIZATIONS FOR PROGRAMS ADDRESSING AFFORDABLE HOUSING Allows for grant awards to Hale Ola O Mohouli LLLP ($3,200,000) and Kuakini Family I LP ($5,000,000) for the development of affordable rental units and $5,075,000 to be retained by the Office of Housing and Community Development for the development of 25 single-family dwellings for workforce housing ($4,200,000) and to provide financial assistance to 17 low-income homeowners to conduct essential repair work($875,000). Reference: Comm. 1129 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-212 (Note: Comm. 1129.2, from Housing Administrator Susan Kunz, Office of Housing and Community Development, dated November 14, 2024, requesting the withdrawal of Res. 694-24, was circulated.) CHR. KIMBALL: We have received Communication 1129.2 from the office of housing requesting the withdrawal of the resolution. I'm happy to answer any questions about it, but they are going to have to make some adjustments to the contracts, which would significantly change the resolution. And on the advice of Corporation Counsel, it was suggested that they provide a new resolution rather than trying to amend this one. So we'll take no action on this item today. MR. HENRICKS: The matter is withdrawn? Withdraw CHR. KIMBALL: Yes, the matter is withdrawn. Res. 694-24: MR. HENRICKS: Thank you. Page 9 Hawaii County Council-52 November 20,2024 Res. 714-24: AUTHORIZES THE ACCEPTANCE OF A DONATION OF A MURAL TO THE DEPARTMENT OF PARKS AND RECREATION The donation from The Ironman Group, with an estimated value of$20,000, would be painted on the walls, stairs, and ground of the Hale Halawai Park Center in Kailua-Kona. Reference: Comm. 1160 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Vote on Res. 714-24: Mr. Inaba moved to adopt Res. 714-24. Seconded by (Adopted) Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Res. 715-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT FOR A CITY-SCALE REUSABLE FOODWARE AND BOTTLE SYSTEM FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Authorizes the Mayor to enter into a three-year agreement, with an option to extend for two additional one-year periods, to establish reusable foodware and refillable bottle systems in Hilo. Reference: Comm. 1161 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Motion to Approve: Mr. Inaba moved to adopt Res. 715-24. Seconded by Ms. Galimba. CHR. KIMBALL: Any discussion? Yes, Council Member Evans. MS. EVANS: I have a question for Corporation Counsel on the agreement. CHR. KIMBALL: Why don't you state your question as Corporation Counsel is walking to the podium. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) Page 10 Hawaii County Council-52 November 20,2024 MS. EVANS: So this has come up before on a CRF (Contingency Relief Fund) project that I was involved in. When we get out a grant for someone that is developing, like in this instance it says, "a city-scale reusable foodware refillable bottle system," in our contracts does the County have the right to get the benefit of that, which means—for example, if there's studies done, if there's reporting done, if there's data collection done, does that become property of the County, or does it stay as property with the nonprofit? Or do both get it? I think we pay to get really good things done, and I'm wondering if we also get kind of the ownership of that by-product. MS. STRANCE: Good morning. Elizabeth Strance, Corporation Counsel. I think it would depend on the type of grant. So, if we're doing a professional services agreement, then somebody's doing something on behalf of the County. If we're awarding a grant for something, generally we're awarding it to an organization to do their own project separate and apart. So, in those situations, the County doesn't retain any ownership right to the information. Sometimes, contracts will, as in the case with the Waiwai grants, there's reporting requirements. And there are measurables that have been associated with the grant application and grant award. And so the County would receive some information, but it doesn't have ownership of the data collected or the results of the projects. Normally, we would ask for reports. But I'm not familiar enough with this particular resolution and how the contract is intended to be set up, whether it's a—not a pass-through grant where the County would be doing it, but for lack of resources. And so we contracted out, and the contract might be different. But I just don't know enough about this. It's just not possible to say, across the board, "Yes, we do" or"No, we don't." MS. EVANS: Right. That's why I was wondering, because again, I've given money to nonprofits and wondered. It's taxpayer dollars. It's to the nonprofits for really good work. But some of that data and information would be beneficial to our County employees or staff or whatever, what we might be working on, and just wondered are we doing it just because it's become the norm? I'm just wondering if it's just—we haven't thought about it and really drilled down on it. MS. STRANCE: That would be speculation on my part. But normally, we award grants because the County has determined there's a direct benefit to the County in the program or service being offered in the grant. And that is the benefit to the County, not necessarily the data that is collected from the grant. MS. EVANS: Okay. I think it's MS. KAGIWADA: Chair? Page 11 Hawaii County Council-52 November 20,2024 CHR. KIMBALL: Council Member Evans, if I may, I'm going to let Council Member Kagiwada speak to this because this is actually not, as I understand it, a County grant. So maybe, if it's okay, I'll give the floor to Council Member Kagiwada, and she can explain the arrangement that's happening here. Go ahead, Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. I just wanted to say I have Deputy Director from DEM (Department of Environmental Management) here. And she can maybe speak directly to this, as they've been the active department working on this project. Thank you. (Note: At this time, Environmental Management Deputy Director Brenda Iokepa-Moses came forward to address the members of the Council.) MS. IOKEPA-MOSES: Thank you. Brenda Iokepa-Moses, Deputy Director. We are so privileged to have an opportunity to partner up with Zero Waste Hawaii and Perpetual to facilitate this $1.5 million EPA (Environmental Protection Agency) grant. And we're part of this collaboration with them. Of course, we're going to be sharing information, but this is an EPA grant that Perpetual and Zero Waste is taking the lead on, and we're just happy to be part of it. This multi-year lease, like has been explained by Jennifer Zelko, is imperative to have some security for a few years for whoever is taking a zero dollar amount contract in order for them to have some flexibility to make this work. MS. EVANS: Okay. CHR. KIMBALL: Thank you, Deputy. Council Member Evans, any further questions? No? All right, anyone in Hilo? Seeing no further comments, all those in favor of approving Resolution 715-24,please say "aye." Vote on Res. 715-24: The motion to adopt Res. 715-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—8. Noes: None. Absent: None. Excused: None. STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON BILL 169 The following individual registered to speak and came forward when called by (DRAFT 3) the Chair: (COMM. 896.148): Page 12 Hawaii County Council-52 November 20,2024 Renee Inaba: In opposition. (See Comm. 896.235) Bill 169: AMENDS ORDINANCE NO. 02-131, WHICH AMENDED ORDINANCE (Draft 3) NOS. 97-99, 94-34, 93-26, 91-96, 90-62, 88-4, 84-42, AND 84-23, WHICH RECLASSIFIED CERTAIN LANDS FROM UNPLANNED (U) TO MULTIPLE-FAMILY RESIDENTIAL-5,000 SQUARE FEET (RM-5) AND SINGLE-FAMILY RESIDENTIAL- 15,000 SQUARE FEET (RS-15) AT HOLUALOA 1 AND 2, NORTH KONA, HAWAII, COVERED BY TAX MAP KEYS: 7-6-021:004, 009-013, AND 015-017 (Applicant: Kona Three, LLC) (Area: approx. 175 acres) The Leeward Planning Commission forwards its unfavorable recommendation for the applicant's request for a 10-year time extension to Condition I(Complete Construction of the First Increment on RM Zoned Lands) and amendment to clarify Condition N (Roadway Standards), which would apply only to Tax Map Key Nos. 7-6-021:016 and 017, consisting of a total land area of 67.162 acres. The subject properties are located along the east(mauka) side of the Queen Ka`ahumanu Highway at its junction with Kuakini Highway, between Pualani Estates subdivision to the north and Kona Vistas to the south. Reference: Comm. 896.148 Intr. by: Mr. Inaba(B/R) Negative: LAAC-64 (Due to a vote of 4-ayes, 5-noes) Postponed: July 10 and August 21, 2024 Limited Meeting: October 15, 2024 (Note: There is a motion by Mr. Inaba, seconded by Ms. Kierkiewicz, to pass Bill 169, Draft 2, as amended, on first reading.) ; and Comm. 896.149: From Deputy Planning Director Jeffrey W. Darrow, dated August 5, 2024, transmitting comments from the Kona Soil and Water Conservation District. ; and Comm. 896.214: From Council Member Rebecca Villegas, dated October 24, 2024, requesting that Bill 169, Draft 3, be placed on the November 20, 2024, Council agenda. ; and Comm. 896.215: From Land Use Planning Consultant Daryn Arai, dated November 7, 2024, requesting that Bill 169, Draft 3, be postponed. (Note: The following relating to Bill 169, Draft 3, were circulated: 1. Comm. 896.216 from Council Member Rebecca Villegas dated November 19, 2024, transmitting supporting material; and Page 13 Hawaii County Council-52 November 20,2024 2. Comm. 896.217 from Land Use Planning Consultant Daryn Arai dated November 20, 2024, transmitting a PowerPoint presentation.) CHR. KIMBALL: I'll begin by inviting Land Planning Consultant Daryn Arai and our Deputy Director from Planning to just ask if you have any introductory remarks before we begin our deliberations on this matter. I would ask you to just keep them at a minimum to get us started and then be available for questions. We'll start with you, Mr. Arai. (Note: At this time, Land Use Planning Consultant Daryn Arai and Planning Deputy Director Jeffrey Darrow came forward to address the members of the Council.) MR. ARAI: Good morning, Chair Kimball, Vice Chair Inaba, and members of the Council. My name is Daryn Arai. I reside in Hilo. CHR. KIMBALL: Thank you. MR. ARAI: I'm sorry. CHR. KIMBALL: Did you have anything that you would like to express before we begin our deliberations? We do have your letter on file requesting the Postponement. MR. ARAI: I do appreciate the consideration of the applicant's request for a postponement. When the applicant pursued discussions with the Director of Finance in response to Resolution 561, it was done in courtesy to the decision that all of you made regarding the adoption of the resolution. And it was also done in good faith. The applicant is hoping that the same courtesy and the same good faith is offered back to them in return. There has been discussions about how a decision on (Bill) 169 will have no effect on any discussion or proceedings with PONC (Public Access, Open Space, and Natural Resources Preservation Commission). But you've also heard testimony where actions on the bill could affect the value of the land. And as Council Members know, should Bill 169 be denied, that the Council is compelled to take action on the final disposition of the subject property because it simply can't leave the property in limbo. And you've heard the words "in limbo"before on actions where time extensions are denied. So, again, the applicant simply is hoping that you will grant them their request for a postponement so they can continue their discussions with the Director of Finance, as all of you have encouraged. So I appreciate that. Thank you. CHR. KIMBALL: Thank you. Deputy? Page 14 Hawaii County Council-52 November 20,2024 MR. DARROW: Thank you, Council Chair, Vice Chair, and Council Members. Jeff Darrow with the Planning Department. We do not have any objections to the request for a postponement. Again, it appears that the applicant is, in good faith, trying to pursue what was requested through a resolution by the Council, to see if the purchase could be considered through PONC. I think my understanding is that the next step is that there is an appraisal done. So, at that point, they can evaluate whether or not that's going to be a consideration for them. Thank you. CHR. KIMBALL: Thank you. All right. So we'll go ahead and begin deliberations here, starting with Council Member Evans. MS. EVANS: Thank you, Chair. I wanted to just make a comment before we get into a lot of discussion that I think what is before me is Bill 169, and I think it needs to stand on its own merit. I am not influenced by the state of it going into limbo or the fact that you're in the discussion on the PONC consideration. Those are options maybe. But I know what's before me today is (Bill) 169, and I want to look at that and have it stand on its own merit. At this time, yeah, I will let my colleagues ask questions. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Council Member Villegas. MS. VILLEGAS: It's not a surprise that you put in a request for postponement. Your job is to practice law for your clients. My job is to represent my community. We have, throughout this process, done our due diligence to bring all the facts, all the testifiers, all the organizations, and none have provided approval. This Council has sat for a hundred hours listening to testimony. If you've read the testimony that's come in, that's another tens of a lot of hours. We will have a new Council seated here in January and two new members who will not have had the opportunity to learn all that information. I believe that that is discourteous to them and to the rest of us. And so, when it comes to an issue like this, that we've heard as much as we've heard, we've visited the site, we've done all our due diligence, it's discourteous to this body to ask for a postponement. We have operated in good faith. I am so grateful that you guys are operating in good faith and have changed your decision about being a willing seller for the PONC process, and I trust that that is going to go through. They're not mutually exclusive. One does not distract from another. Regardless, this project is not a viable project. It's 40 years old. You're asking for another 10-year time extension. Within the last 40 years, a lot of these issues have been brought forward that weren't even on people's radar 40 years ago. And they're very viable and very necessary. I can go through a whole other list of things. But I ask my colleagues today to please vote in opposition of a postponement of this. Let's make this decision as a body here today, together. For those of us who Page 15 Hawaii County Council-52 November 20,2024 have been here through this whole process, I would ask for your courtesy to myself, my district and constituents, and all that have been involved in this process to deny this request for a postponement. With that, I yield. CHR. KIMBALL: Thank you, Council Member Villegas. Anyone else? Checking in Hilo? Yes, Council Member Kagiwada. MS. KAGIWADA: Thank you. So we're on the main motion, right? CHR. KIMBALL: That's correct. MS. KAGIWADA: Okay. All right. We desperately need housing. We need affordable housing. We need workforce housing all over our County, but especially on the west side. And after all these meetings we've had, all the testifiers with their time and their energy, I just want to strongly encourage the many individuals who have safe and adequate housing and have come out in opposition of this project to please come back and support important legislation in the future around workforce housing, affordable housing. To come out and support legislation around mass transit and bike lanes, walking paths, so we can work on our traffic issues. To come out and support our regulation of nonresident housing; people that are using housing not for residents here, but are using it for other means. And to support legislation on homeless services, and especially come out and support our County's need to increase revenue in order to address all the issues that you've brought up during this time, the needs that we have in our community, especially infrastructure needs. So, that being said, I just want to say this project just has too many obstacles that have not been adequately addressed. And so I'll be staying with my initial stance and, once again, be voting "no" on this project. Thanks. CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else here in Kona? Vice Chair Inaba. MR. INABA: Thank you. I think Council Member Kagiwada hit it on the head. We don't always have folks come and engage in our policy decisions that really affect where we are right now with applications like this. We keep talking about infrastructure; we know it's lacking. But when we do take up pieces of legislation, community and the public are silent sometimes and don't help us to get to that best place. So thank you, Council Member Kagiwada, for pointing that out. It's very important to remain engaged not just on specific applications before the Council. And with that, the Leeward Planning Commission, Cultural Resource Commission, Kona CDP (Community Development Plan) Action Committee, not just community but also our own County agencies have voiced their concern in opposition to this project. Page 16 Hawaii County Council-52 November 20,2024 I said it before: When you think about affordable housing, we want affordable housing. But even if that was the discussion that's on the table right now, the flooding issue in the area is still of concern. And with that, I also want to mahalo Chair Kimball and Council Member Villegas for allowing us to do that site visit. How many times I pass that area, being born and raised here, but I got to see new things and some of the geography there that doesn't lend its hand to this request being adopted. So, with that, I'll be voting in opposition of Bill 169. Mahalo. CHR. KIMBALL: Thank you, Vice Chair Inaba. Anyone else here in Kona? Council Member Galimba. MS. GALIMBA: Thank you. I can see where the votes are going to go, but I'm going to continue to vote the way I did earlier. Basically for me, housing is housing, especially multi-family housing, which would be more affordable, plus the affordable housing requirement. The flooding argument, there is some merit to it, but it's also very possible to build in a safe way, avoiding the flood channels. I mean, I live next to a flood channel and, you know, it's a flood channel. I understand people's opposition to it, but for me, the larger issue is the need for housing and all the folks that are not here that need housing. I live far away from this, and for me, from my perspective, this is an infill project. I know for folks that live next to it, it's a very different perspective. So I think this is just different people having different perspectives on this issue. So I will be voting for an extension and I yield. CHR. KIMBALL: Thank you, Council Member Galimba. Anyone else before I go back to Council Member Evans? All right, Council Member Evans. MS. EVANS: Thank you. I'll be voting in opposition. This morning when I drove here, I was really struck by driving up the hill and noticing that beautiful open space that's right across the street. And above it is this huge housing development. I mean, real small lots, multifamily. It's just wonderful. But when I looked up, I went"Wow! What good land use planning!" They understood wildlife corridors. They understood the ecosystem. They understood that we're building on a hill. There's a lot of things that go into "right place, right way." And I looked at that and I went"Wow! Is this not an example of good planning within the ahupua`a." So I was just reminded, when I looked at that, and I went "Thank you. Thank you for giving me that vision again." And so I stand in opposition. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Checking back in in Hilo. All right, before we proceed, Mr. Arai, we had a conversation prior to this. It does not look like there's anybody going to introduce a motion to postpone. You did request that you be able to share some additional information. I feel strongly in due process and everybody having the right to share as much information about the matter before us as possible. Would you, at this time, still Page 17 Hawaii County Council-52 November 20,2024 like to share that additional information that—it does not look like we'll be postponing this matter today. So we'll afford you that opportunity to share the additional information you had wanted to present. MR. ARAI: Thank you, Chair. I appreciate the opportunity to at least have that chance to explain why we feel this project remains an important opportunity for the community. CHR. KIMBALL: Okay. You have some printed material? MR. ARAI: I have some printed material. I also have a digital PowerPoint presentation, so that way Council Members in Hilo are able to view it as well. So if I can provide that(inaudible). CHR. KIMBALL: I'm not sure we're going toClerk, are we going to be able to accommodate that? We may only be able to do the handouts here in Kona. Maybe we can send it digitally over to Hilo. MR. HENRICKS: We have the technology for that. CHR. KIMBALL: Okay. All right. So if you can share with Mr. Ruedy in the back there, and then we'll just give you just a couple minutes to pass your handouts out, please. And I do appreciate my colleagues MS. VILLEGAS: Chair, I'd actually like to call for the vote. CHR. KIMBALL: Mr. Clerk? All right, we have a motion to call for the question, which I believe is not a debatable motion. Correct? MR. HENRICKS: It is not. You just need a second and then we'll call for that. Vote on Motion to Ms. Villegas moved to call for the question. Seconded by Call for the Question. Mr. Inaba and failed by the following roll call vote: Failed Ayes: Council Members Evans, Inaba, Kaneali`i-Kleinfelder, and Villegas –4. Noes: Council Members Galimba, Kagiwada, Kierkiewicz, and Chair Kimball –4. Absent: None. Excused: None. CHR. KIMBALL: Okay, we'll take a brief moment to have you pass out the materials. I do want to keep this succinct, but again, I want to afford due process to the applicants and their team. We'll take a five-minute recess to have you distribute the materials, yes. Page 18 Hawaii County Council-52 November 20,2024 Recess: At 11:55 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 12:06 p.m. CHR. KIMBALL: Mr. Arai, you can go ahead and begin at any time. Thank you. MR. ARAI: Thank you, Council Members, for the opportunity to make an abbreviated presentation. Provided to all of you in Kona are hardcopies of our presentation. In Hilo, I understand that an electronic version of this presentation has been provided to you as well. I was hoping for an opportunity to also present this on the monitors. I mean, I did work hard on it, but anyway, I'll try to abbreviate things as best as I can. (Note: At this time, Land Use Planning Consultant Daryn Arai came forward and provided a PowerPoint presentation to the members of the Council. For viewing of the subject presentation, see the DVD copy of the meeting proceedings on file in the Clerk's Office or navigate to the Council's video archives from the County's homepage at www.hawaiicounty.gov. A copy of the PowerPoint presentation is made a part of the record; see Comm. 896.217.) CHR. KIMBALL: Thank you, Mr. Arai, and I do appreciate you going through that all so quickly. All right, bringing it back to Council Members. Any questions from anyone here in Kona on the dais? All right, no? Anyone in Hilo? All right, seeing none, we will proceed with the vote on this matter. Mr. Clerk, roll call please. Vote on Bill 169: The motion to pass Bill 169, Draft 3, on first reading failed Draft 3 by the following roll call vote: Failed Ayes: Council Member Galimba— 1. Noes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Absent: None. Excused: None. (Note: Ms. Kierkiewicz voted "kanalua"then "no.") CHR. KIMBALL: Thank you, Mr. Arai. Thank you, members of the applicants' team. Page 19 Hawaii County Council-52 November 20,2024 Res. 725-24: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO FRIENDS OF AMY B. H. GREENWELL ETHNOBOTANICAL GARDEN Approves a grant of$223,200 to Friends of Amy B. H. Greenwell Ethnobotanical Garden, a 501(c)(3)nonprofit organization, to preserve native plant species, repair and maintain security and storage facilities, and educate the community and visiting public of the natural and cultural resources at the Amy B. H. Greenwell Ethnobotanical Garden, South Kona, property (Tax Map Keys: 8-2-013:002, 003, 014; 8-2-014:043; and 8-2-015:059), pursuant to Section 10-16(h) of the Hawaii County Charter. Reference: Comm. 1172 Intr. by: Ms. Kimball Waived: LAAC Motion to Approve: Ms. Galimba moved to adopt Res. 725-24. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Galimba, if you'd like to say anything on this item. MS. GALIMBA: Not much,just that I want to thank the crew at the Amy B. Greenwell gardens for all the great work that they have done for so long, and I wish them well. CHR. KIMBALL: Thank you. Council Member Villegas. MS. VILLEGAS: I just want to collaborate on that statement. I had the opportunity to go to your Arbor Day event and see and feel that tangible experience of education and connectivity from a diverse group of community members. They were even giving away `ulu trees to people that attended. And I now have a Native Hawaiian `ulu plant that I am so honored and grateful to have. So thank you for all the work that you have done to elevate that resource. And just the term "ethnobotanical garden"rings in my ears. So thank you for your service. I consider it an honor to be able to vote in favor of supporting you today. CHR. KIMBALL: Very good. Council Member Evans. MS. EVANS: Thank you. I just want to thank you for the ongoing effort. It takes so many years that you've been keeping this going. I'm really grateful. I believe what we're talking about is heritage plants; the seeds that have been collected and passed on from generation to generation. These seeds I'm assuming come from a long line of warmer plants. So I'm very grateful for what you do. Thank you, I yield. Page 20 Hawaii County Council-52 November 20,2024 CHR. KIMBALL: Thank you, Council Member Evans. All right. I assume, Council Member Villegas, you don't have further comments. No problem. All right, with that, the resolution on the floor is 725-24. All those in favor, please say "aye." Vote on Res. 725-24: The motion to adopt Res. 725-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Member Kagiwada— 1. Excused: None. Bill 219: AMENDS SECTION 25-8-22 (PUNA DISTRICT ZONE MAP), ARTICLE 8, (Draft 2) 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-la), KEA`AU, PUNA, HAWAII, COVERED BY TAX MAP KEY: 1-6-003:081 AND 129 (Applicant: Graphic Images Hawaii, Inc.) (Area: 26.762 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to subdivide the property into 23 lots. The property is located at 16-790 Kea`au-Pahoa Road. Reference: Comm. 1110.3 Intr. by: Mr. Inaba(B/R) Approve: LAAC-71 (Note: Comm. 1110.4, from Land Use Planning Consultant Daryn Arai dated November 13, 2024, requesting a postponement of Bill 219, Draft 2, was circulated.) Vote on Bill 219: Mr. Inaba moved to pass Bill 219, Draft 2, on first reading Draft 2 and adopt Legislative Approvals and Acquisitions (Approved) Committee Report No. 71. Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Member Kagiwada— 1. Excused: None. Page 21 Hawaii County Council-52 November 20,2024 Bill 220: AMENDS SECTION 25-8-6 (KAILUA-HONALO URBAN ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL— 10,000 SQUARE FEET (CN-10) AT HOLUALOA, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-7-009:008 (Applicant: Dr. Loi Chang-Stroman) (Area: 16,161 square feet) The Leeward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to expand services at the existing medical facility. The property is located at 77-311 Sunset Drive. Reference: Comm. 1123 Intr. by: Mr. Inaba(B/R) Approve: LAAC-72 Vote on Bill 220: Mr. Inaba moved to pass Bill 220 on first reading and adopt (Approved) Legislative Approvals and Acquisitions Committee Report No. 72. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Member Kagiwada— 1. Excused: None. Bill 221: REPEALS ORDINANCE NO. 10-1, WHICH AMENDED THE STATE LAND USE BOUNDARIES MAP FOR THE COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT KAHULUI 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-5-017:042 Reference: Comm. 1124 Intr. by: Mr. Inaba(B/R) Approve: LAAC-73 Page 22 Hawaii County Council-52 November 20,2024 Vote on Bill 221: Mr. Inaba moved to pass Bill 221 on first reading and adopt (Approved) Legislative Approvals and Acquisitions Committee Report No. 73. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Member Kagiwada— 1. Excused: None. Bill 222: REPEALS ORDINANCE NO. 10-2, WHICH AMENDED SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—5 ACRES (A-5a) TO SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET (RS-10) AT KAHULUI 2ND, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-5-017:042 (Planning Director Initiated) (Area: 14.437 acres) The Leeward Planning Commission forwards its favorable recommendation to revert the State Land Use Boundaries Map district classification to Agricultural and the Zoning district classification to Agricultural 5-acre. This property is located on the south side of Hualalai Road, approximately 0.6 miles east of its intersection with Queen Ka`ahumanu Highway. Reference: Comm. 1124 Intr. by: Mr. Inaba(B/R) Approve: LAAC-74 Vote on Bill 222: Mr. Inaba moved to pass Bill 222 on first reading and adopt (Approved) Legislative Approvals and Acquisitions Committee Report No. 74. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Member Kagiwada— 1. 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: Page 23 Hawaii County Council-52 November 20,2024 Keoni Fox: Comment. (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 Postponed: November 8, 2024 Note: Second of two required readings, Section 101-13, Hawaii Revised Statutes (Note: There is a motion by Mr. Inaba, seconded by Ms. Kagiwada, to adopt Res. 633-24.) CHR. KIMBALL: Council Member Galimba. MS. GALIMBA: Thanks. As previously, I'll be recusing from this item. Thanks. CHR. KIMBALL: Thank you. All right. Coming back here in Kona, any comments? Actually, let me offer the floor to either Director Mansour or Deputy Iokepa-Moses. (Note: At this time, Environmental Management Director Ramzi Mansour and Deputy Director Brenda Iokepa-Moses came forward to address the members of the Council.) MR. MANSOUR: Thank you. I really appreciate the time that we have accomplished since May with Mr. Fox. He's right. We've been working together. We have been achieving progress. But the progress requires determination and more of, kind of, communication with others, as he said, and also commitment to EPA. The property, it is that's why it is complex. That's why we've taken this route. There's a lot of parts that not everybody may agree on. And if we don't come to an agreement, that's what the court system is for. The court system will determine interpretation within the agreement. Page 24 Hawaii County Council-52 November 20,2024 I agree. The County put$4 million and the State put$2 million. If that property gets sold through the purchasing agreement, Mr. Fox has to pay one-third to the State. The County gets zero because we have failed to put the same clause within that agreement. So, technically, Mr. Fox gets to keep the two-thirds. In addition to that, this is not within the conservation area. That 28 acres was excluded for the purpose of the waste treatment plant. We sat down with our Corporation Counsel. We're moving forward with the appraisal. But definitely before we do that, we need to do the subdivision. And if we don't get the authorization from Mr. Fox to proceed with the subdivision so we could divide that 28 (acres), which is not a conservation area within the 2,300 acres, that's going to delay the process longer and longer. So I urge you to approve it today so when the new Administration comes in, they don't have to deal with challenges such as this. And thank you. Brenda, if you have any additional thoughts? MS. IOKEPA-MOSES: Just to reemphasize what we've spoken on several meetings ago and in our packet, this is just a tool to have as a resource in case we get to the point where we need to go forward. As everybody's known, or may not know, but condemnation process, eminent domain, is a lengthy process. So we've agreed to not do any kind of legal motions for another 90 days to see if we can get to a point of escrow or seller's agreement. If not and we go through the eminent domain process, it's another five to six more months. And by then, for surely if ATA is really willing and wants to make this sell on the outside of eminent domain, that should surely happen by that time. So, again, it's a tool. It's not saying that we're going to court tomorrow. But it is to try to keep us on track and show that we've done all our due diligence. I have a responsibility to our community. We've had eight meetings in Ka`u. Our residents have been showing up. Our kupuna wants this permanent solution to happen. They've been talking about it for 15 years. In this Administration, we've had eight meetings, but there's been years of meetings regarding this permanent solution. It's a due diligence for us to get this completed so the community has a permanent solution. And also, we have to safeguard our taxpayers' money. We don't want to come into a position where we're paying penalties because we passed our deadline. So time is of an essence. Again, this is tools we have so we can move forward. So I urge you just to pass it and we'll continue to still work with Mr. Fox and the community to get this happening, and resolve this issue for once in our community. Thank you. CHR. KIMBALL: Thank you. Council Member Evans. Page 25 Hawaii County Council-52 November 20,2024 MS. EVANS: Thank you. Thank you for the overview again. And I want to thank the testifier. This is really interesting as it keeps going, the clarity. We keep getting more and more clarity every single time we have these hearings. My beliefI'm going to support it moving forward with the belief that there will be a lot of due diligence that is going to have to be done before they go through the exercise of filing for eminent domain. Some of the concerns that were brought up today by the testifier I think will be revealed. And so, for that reason, I will vote in favor. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Anyone else on this matter? All right, seeing none, all those in favor please say "aye." Vote on The motion to adopt Res. 633-24 on second and final Res. 633-24: reading was carried by the following voice vote: (Adopted) Ayes: Council Members Evans, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —6. Noes: None. Absent: Council Member Kagiwada— 1. Excused: Council Member Galimba— 1. 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) First Reading: November 8, 2024 Vote on Bill 216: Mr. Kaneali`i-Kleinfelder moved to pass Bill 216 on (Adopted) second and final reading. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Member Kagiwada— 1. Excused: None. Page 26 Hawaii County Council-52 November 20,2024 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 First Reading: November 8, 2024 (Note: The following from Council Member Ashley L. Kierkiewicz relating to Bill 217 were circulated: 1. Comm. 1093.3 dated November 18, 2024, transmitting comments from the Hawaii Police Department; and 2. Comm. 1093.4 dated November 19, 2024, transmitting comments from the Department of Public Works.) Motion to Approve: Ms. Evans moved to pass Bill 217 on second and final reading. Seconded by Mr. Inaba. CHR. KIMBALL: Go ahead, Council Member Evans. MS. EVANS: Thank you. I want to thank everybody for their effort. I'm really in gratitude to Member Kierkiewicz. She had the foresight to really help us develop a Code process so that, in the future, other Council Members can introduce potentially a road that people think might be worth removing commercial bicycle tours from. And I think this process is a good one. It was our first time through. And the process required that the Department of Public Works and our Police Chief weigh in on if they did believe that these roads had some issues with them in terms of safe riding. And if I want to—do you want me to turn it over to Member Kierkiewicz, or can I—okay. So we have two communications in our file folder. We have a communication from Police Chief Moszkowicz. He commented on the two roads that we are proposing and said that the ". . . roadways do not have sufficient line of sight for commercial bicycle tours to operate safely. Also, neither roadway has adequate shoulder areas in these locations to allow vehicles or bicycles to safely pull over out of the main flow of traffic," and that's from our Police Chief. From our Department of Public Works, he wrote a letter. His comments are: "The affected portions of Akoni Pule Highway referenced in the bill have areas where there are narrow travel lane pavement widths; little or no shoulders; limited sight lines; and winding curves. Restriction of large groups of bicyclists in this area associated with commercial tours would appear to be prudent." So that came from him. Page 27 Hawaii County Council-52 November 20,2024 There was discussion about the Kohala Mountain Road, which is also listed, which is a State Highway. I know that Steve Pause had mentioned it to Ed Sniffen who's the director of Highways and mentioned to the local district manager and they offered no comments. And they did not write a letter, but they had nothing to comment on to him. So that's what I'd like to ask my colleagues, for their support. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Thank you, Council Member Evans, for your leadership on this issue, for your commitment to community safety, and your willingness to collaborate on the framework legislation. I really do appreciate your willingness to collaborate on that and will be in strong support of adopting this bill today. Thank you. I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Any further comments? Seeing none, all those in favor please say "aye." Vote on Bill 217: The motion to pass Bill 217 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Member Kagiwada— 1. Excused: None. CHR. KIMBALL: Congratulations, Council Member Evans. 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) First Reading: November 8, 2024 Page 28 Hawaii County Council-52 November 20,2024 Vote on Bill 223: Mr. Kaneali`i-Kleinfelder moved to pass Bill 223 on (Adopted) second and final reading. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Member Kagiwada— 1. Excused: None. Res. 716-24: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO MALAMA O PUNA Approves a grant of$398,569 to Malama O Puna, a 501(c)(3) nonprofit organization, to develop a land stewardship plan and to make security and access improvements to the Wai`ele, Puna, property (Tax Map Keys: 1-4-003:003 and 037), pursuant to Section 10-16(h) of the Hawaii County Charter. Reference: Comm. 1163 Intr. by: Ms. Kierkiewicz Waived: LAAC Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 716-24. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. I just want to thank our Finance Department, specifically Hamana Ventura within PONC, and our community partners, Malama O Puna, for all of their work to care for this very special `aina. Appreciate this very sizable grant that is being utilized for development of a stewardship plan and to install fencing, which is really critical to protecting the cultural and natural resources of this wahi pana. Looking for everyone's support. Thank you. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else? Seeing none, all those in favor please say "aye." Page 29 Hawaii County Council-52 November 20,2024 Vote on Res. 716-24: The motion to adopt Res. 716-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Member Kagiwada— 1. Excused: None. Res. 717-24: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO HAWAII ENVIRONMENTAL RESTORATION Approves a grant of$6,510 to Hawaii Environmental Restoration, a 501(c)(3) nonprofit organization, to develop a digital georeference database to protect, identify, and catalogue historically, culturally, or environmentally sensitive sites on the Wai`ele, Puna, property (Tax Map Keys: 1-4-003:003 and 037), pursuant to Section 10-16(h) of the Hawaii County Charter. Reference: Comm. 1164 Intr. by: Ms. Kierkiewicz Waived: LAAC Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 717-24. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. Looking for everyone's support. Really excited about the development of a digital catalog of all of the different flora and fauna that exist within this PONC parcel. And hope that this is something that could be used as a template for other properties to consider, because there are a lot of really important features in these various `aina that we want to make sure information is available to our community and future generations. I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else? Seeing none, all those in favor please say "aye." Page 30 Hawaii County Council-52 November 20,2024 Vote on Res. 717-24: The motion to adopt Res. 717-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Member Kagiwada— 1. Excused: None. Res. 718-24: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO HAWAII ENVIRONMENTAL RESTORATION Approves a grant of$23,587 to Hawaii Environmental Restoration, a 501(c)(3) nonprofit organization, to maintain the trail and property at Wai`ele, Puna(Tax Map Keys: 1-4-003:003 and 037), pursuant to Section 10-16(h) of the Hawaii County Charter. Reference: Comm. 1165 Intr. by: Ms. Kierkiewicz Waived: LAAC Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 718-24. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Several years ago, Council Member Kaneali`i-Kleinfelder and I were invited to visit this parcel, Wai`ele, by a few community members who had been stewarding this property before it was acquired through the PONC programDiga Kern and Jaya Dupuis. And there was just something so sacred about being in that space very peaceful, very centering. And so I'm really grateful to Aunty Emily Naeole who first sort of put this property out as a potential PONC acquisition. And I'm so grateful to have been able to help carry it over the finish line with the help of our Finance Department. And now for it to be on an annual basis receiving stewardship funds is truly amazing. I appreciate how this program really helps to build partnerships between community and County. Looking for everyone's support. Thank you. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else? Seeing none, all those in favor please say "aye." Page 31 Hawaii County Council-52 November 20,2024 Vote on Res. 718-24: The motion to adopt Res. 718-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Member Kagiwada— 1. Excused: None. Res. 719-24: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO KOHANAIKI `OHANA Approves a grant of$41,400 to Kohanaiki `Ohana, a 501(c)(3)nonprofit organization, to remove invasive plant species, re-establish native host plants and strand vegetation, and support coastal maintenance activities on O`oma Beach, North Kona,property (Tax Map Key: 7-3-009:004), pursuant to Section 10-16(h) of the Hawaii County Charter. Reference: Comm. 1166 Intr. by: Mr. Inaba Waived: LAAC Motion to Approve: Mr. Inaba moved to adopt Res. 719-24. Seconded by Ms. Villegas. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: I just want to mahalo former Council Member Karen Eoff for coming to share of the progress being made there, and ask for my colleagues' support. Thank you. CHR. KIMBALL: Thank you. It was nice to see her, wasn't it? All right, all those in favor please say "aye." Vote on Res. 719-24: The motion to adopt Res. 719-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Member Kagiwada— 1. Excused: None. Page 32 Hawaii County Council-52 November 20,2024 Res. 720-24: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO ALA KAHAKAI TRAIL ASSOCIATION Approves a grant of$173,500 to Ala Kahakai Trail Association, a 501(c)(3) nonprofit organization, to develop a community resource management plan for the Kiolaka`a, Ka`u,property (Tax Map Keys: 9-4-001:008, 009, 016, 017, and 023), pursuant to Section 10-16(h) of the Hawaii County Charter. Reference: Comm. 1167 Intr. by: Ms. Kimball Waived: LAAC MS. GALIMBA: I will be recusing myself from this and the next two. Thank you. Motion to Approve: Mr. Inaba moved to adopt Res. 720-24. Seconded by Ms. Villegas. CHR. KIMBALL: I was asked to do this on behalf of the district area because of the conflict, but I actually don't know anything. We did have some testifiers earlier. So if anyone else has questions, I'm not the one to answer them even though I submitted this reso (resolution). Seeing none, all those in favor please say "aye." Vote on Res. 720-24: The motion to adopt Res. 720-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —6. Noes: None. Absent: Council Member Kagiwada— 1. Excused: Council Member Galimba— 1. Res. 721-24: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO ALA KAHAKAI TRAIL ASSOCIATION Approves a grant of$80,000 to Ala Kahakai Trail Association, a 501(c)(3) nonprofit organization, to develop a community resource management plan for the Kaunamano, Ka`u,property (Tax Map Keys: 9-5-011:001, 004, 005, 006, and 9-5-012:001), pursuant to Section 10-16(h) of the Hawaii County Charter. Reference: Comm. 1168 Intr. by: Ms. Kimball Waived: LAAC Page 33 Hawaii County Council-52 November 20,2024 Motion to Approve: Mr. Inaba moved to adopt Res. 721-24. Seconded by Ms. Villegas. CHR. KIMBALL: Any discussion? MS. GALIMBA: I will also be recusing myself from this. CHR. KIMBALL: All right, seeing no further discussion, all those in favor please say "aye." Vote on Res. 721-24: The motion to adopt Res. 721-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —6. Noes: None. Absent: Council Member Kagiwada— 1. Excused: Council Member Galimba— 1. Res. 722-24: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO ALA KAHAKAI TRAIL ASSOCIATION Approves a grant of$132,500 to Ala Kahakai Trail Association, a 501(c)(3) nonprofit organization, to hire contractors and an intern to assist with efforts that align with the community resource management plan for the Kaunamano, Waikapuna, and Kiolaka`a, Ka`u,properties (Tax Map Keys: 9-5-011:001, 004, 005, 006, and 9-5-012:001; 9-5-007:016; and 9-4-001:008, 009, 016, 017, and 023, respectively), pursuant to Section 10-16(h) of the Hawaii County Charter. Reference: Comm. 1169 Intr. by: Ms. Kimball Waived: LAAC Motion to Approve: Mr. Inaba moved to adopt Res. 722-24. Seconded by Ms. Villegas. CHR. KIMBALL: Council Member Galimba. MS. GALIMBA: Thank you. I will need to be recused from this as well. CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in favor please say "aye." Page 34 Hawaii County Council-52 November 20,2024 Vote on Res. 722-24: The motion to adopt Res. 722-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —6. Noes: None. Absent: Council Member Kagiwada— 1. Excused: Council Member Galimba— 1. Res. 723-24: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO POHAHA I KA LANI Approves a grant of$114,900 to P6h5h5 I Ka Lani, a 501(c)(3) nonprofit organization, to reduce invasive species, propagate native plants, and educate users of the history and cultural significance of the Waipi`o Valley Lookout, Hamakua, property (Tax Map Key: 4-8-004:006), pursuant to Section 10-16(h) of the Hawaii County Charter. Reference: Comm. 1170 Intr. by: Ms. Kimball Waived: LAAC Motion to Approve: Mr. Inaba moved to adopt Res. 723-24. Seconded by Ms. Galimba. CHR. KIMBALL: I'll just say we had Jesse Potter from this group earlier today, and they just do such an amazing job. So I ask for everybody's support. It just provides wonderful opportunities for visitors and local keiki and also to folks. I just want to continue to see us support their work. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 723-24: The motion to adopt Res. 723-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Member Kagiwada— 1. Excused: None. Page 35 Hawaii County Council-52 November 20,2024 Res. 724-24: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO HO`OMALU KAT Approves a grant of$25,500 to Ho`omalu Ka`u, a 501(c)(3)nonprofit organization, to support ongoing efforts to manage and maintain land for traditional cultural uses and practices at the Kahua `Olohu, Ka`u,property (Tax Map Key: 9-5-012:005), pursuant to Section 10-16(h) of the Hawaii County Charter. Reference: Comm. 1171 Intr. by: Ms. Kimball Waived: LAAC Motion to Approve: Mr. Inaba moved to adopt Res. 724-24. Seconded by Ms. Galimba. CHR. KIMBALL: Any discussion? MS. GALIMBA: Thank you. Just urging my fellow Council Members to approve this PONC request. Ho`omalu Ka`u does a fantastic job of—well, they brought this makahiki grounds back and do a fantastic job of maintaining it and making it a resource for the community. Thank you. CHR. KIMBALL: Thank you, Council Member Galimba. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 724-24: The motion to adopt Res. 724-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball –7. Noes: None. Absent: Council Member Kagiwada– 1. Excused: None. Res. 726-24: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO HAWAII FARMERS UNION FOUNDATION Approves a grant of$56,900 to Hawaii Farmers Union Foundation, a 501(c)(3) nonprofit organization, to support ongoing maintenance efforts and to develop a management plan at the Banyan Trees Park, North Kohala, property (Tax Map Key: 5-5-015:042), pursuant to Section 10-16(h) of the Hawaii County Charter. Reference: Comm. 1173 Intr. by: Ms. Evans Waived: LAAC Page 36 Hawaii County Council-52 November 20,2024 Motion to Approve: Ms. Evans moved to adopt Res. 726-24. Seconded by Ms. Villegas. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. It's my pleasure to support this Hawaii Farmers Union Foundation that is working really hard to keep the spirit of Downtown Haw! alive by this open space that I think will present different opportunities for the community to enjoy Haw! Town. And this being the last PONC stewardship grant, I want to personally thank Hamana. I know this is a heavy lift to put all these together—it was—and you did it. And so I'm very grateful. So thank you. CHR. KIMBALL: Any further comments? I'll just echo what Council Member Evans said. Thank you to you and everybody over there at Finance that got this all done. And, by the way, great shirt. I love that. Anyway, I would just—yeah, I know this was a heavy lift and I understand what we're trying to do to get on even a quicker cadence so we can continue to support these folks. So I really appreciate all the effort. All right, all those in favor please say "aye." Vote on Res. 726-24: The motion to adopt Res. 726-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball –7. Noes: None. Absent: Council Member Kagiwada– 1. Excused: None. Res. 705-24: 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 KOHALA HERITAGE CENTER FOR EXPENSES RELATING TO ITS PUBLIC EDUCATIONAL CENTER Transfers $3,019.60 from the Clerk-Council Services –Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1150 Intr. by: Ms. Evans Motion to Approve: Ms. Evans moved to adopt Res. 705-24. Seconded by Ms. Villegas. CHR. KIMBALL: Council Member Evans. Page 37 Hawaii County Council-52 November 20,2024 MS. EVANS: Thank you. It's my pleasure to support this. It was the former bond library, a hundred-plus years old. Through the labor of love and commitment by the community, they were able to put forth and renovate it and open it for the community. And this will help them with their displays and everything within the facility. I think it's an amazing project, and I encourage everybody to go to Kapa`au. It's right across the street from the King Kamehameha statue. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 705-24: The motion to adopt Res. 705-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Member Kagiwada— 1. Excused: None. Res. 706-24: 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 HAWAIIAN VOLCANO EDUCATION AND RESILIENCE INSTITUTE TO SUPPORT ITS DIGITAL RESILIENCE AGAINST DISASTERS FOR ISLAND COMMUNITIES TRAINING PROGRAM Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1151 Intr. by: Ms. Kimball Motion to Approve: Ms. Galimba moved to adopt Res. 706-24. Seconded by Mr. Inaba. CHR. KIMBALL: I'll just ask for my colleagues' support. I believe, Council Member Kierkiewicz, you supported some funding towards this program as well, and we're certainly interested for our district. With some challenging topography and whatnot, it's important to have good communication. So thank you for bringing this to our attention. We appreciate it. Any further discussion? Seeing none, all those in favor please say "aye." Page 38 Hawaii County Council-52 November 20,2024 Vote on Res. 706-24: The motion to adopt Res. 706-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Member Kagiwada— 1. Excused: None. Res. 707-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND MEDIATION, INC., TO ASSIST WITH EXPENSES RELATING TO ITS PEER MEDIATION TRAINING Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 1152 Intr. by: Mr. Inaba Motion to Approve: Mr. Inaba moved to adopt Res. 707-24. Seconded by Ms. Villegas. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: I just ask for your support. This program teaches our youth in our schools how to deal with conflict and employ resolution methods, to try and have a more cohesive community and work together. So I ask for your support. Mahalo. CHR. KIMBALL: Thank you. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 707-24: The motion to adopt Res. 707-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Member Kagiwada— 1. Excused: None. Page 39 Hawaii County Council-52 November 20,2024 Res. 708-24: 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 REVITALIZATION OF THE WAHI KUPUNA KAHALU'U FIELD SYSTEM Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1153 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 708-24. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Villegas. MS. VILLEGAS: Just ask for my colleagues' support. The amazing work they're doing here is really showing. A lot of the lands, it's interesting, that had been zoned ag and then kind of on the west side said they're not really that good for ag, returning to the traditional field system is showing that they are a really great food source. So, really excited about the work they're doing and just ask for your support. CHR. KIMBALL: Thank you. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 708-24: The motion to adopt Res. 708-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Member Kagiwada— 1. Excused: None. Page 40 Hawaii County Council-52 November 20,2024 Res. 709-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII ISLAND ADULT CARE FOR ITS POSITIVE APPROACH TO CARE TRAINING PROGRAM Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Office of Aging, Other Current Expenses account. Reference: Comm. 1154 Intr. by: Ms. Kagiwada Motion to Approve: Mr. Inaba moved to adopt Res. 709-24. Seconded by Ms. Galimba. CHR. KIMBALL: I'm sure we're all aware of what this program is, and we did have some testifiers. But if there's any other comments on this? Seeing none, all those in favor please say "aye." Vote on Res. 709-24: The motion to adopt Res. 709-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Member Kagiwada— 1. Excused: None. Res. 710-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KEAUKAHA ONE YOUTH DEVELOPMENT TO SUPPORT ITS HILO MURALS PROJECT Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 1155 Intr. by: Ms. Kagiwada Page 41 Hawaii County Council-52 November 20,2024 Vote on Res. 710-24: Mr. Inaba moved to adopt Res. 710-24. Seconded by (Adopted) Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Member Kagiwada— 1. Excused: None. Res. 711-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA O PUNA TO SUPPORT THE BLACK SANDS BEACH COMMUNITY GARDEN'S KEIKI RESILIENCE PROJECT Transfers $10,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 1156 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 711-24. Seconded by Ms. Villegas. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I think my constituents in Pahoa did a really excellent job explaining the value of this community garden project in Black Sands. I was especially touched by the young woman Jade for speaking about her personal experience and how her involvement in the keiki garden just grew her connection to community and `aina. So, looking for everyone's support of this really beautiful community-driven project. I yield. CHR. KIMBALL: Thank you, Council Member. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 711-24: The motion to adopt Res. 711-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Member Kagiwada— 1. Excused: None. Page 42 Hawaii County Council-52 November 20,2024 Res. 712-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA O PUNA TO SUPPORT ITS FOOD SECURITY PROGRAM Transfers $10,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 1157 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 712-24. Seconded by Ms. Villegas. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. Shout-out to Eileen O'Hara, Executive Director of Malama O Puna. She really is a force working hard to support our community. So, really happy to partner up with her on various food security initiatives like this resolution, which would provide funding to help the renovation of a mobile kitchen so that it can travel throughout the Puna region and process all of the abundance that we have just growing out in the wild in our community. So, looking for everyone's support. Thank you. CHR. KIMBALL: Thank you very much. All right, any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 712-24: The motion to adopt Res. 712-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Member Kagiwada— 1. Excused: None. Return to Order The Chair directed the Council to return to the order of business. of Business: APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Chair Kimball announced that the Minutes of October 2, 2024, were approved. Page 43 Hawaii County Council-52 November 20,2024 ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. (Note: Items in this category were taken up previously, out of order.) 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.) REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (Note: Items in this category were taken up previously, out of order.) OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There were none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: Thank you, Chair Kimball. With that,just wanting to provide an announcement to the public to join us on Monday, December 2nd. Our inauguration of Mayor Alameda, Prosecuting Attorney Kelden Waltjen, and the new Council will take place at the Outrigger Kona Resort and Spa, Kaleiopapa Convention Center. It is open to the public, and we hope that you will join us that day. Mahalo. CHR. KIMBALL: Thank you very much, Vice Chair Inaba. Council Member Evans. MS. EVANS: Thank you. Yes, I believe, also that morning on December 2nd we'll kind of have a ceremonial closing and approve the meeting minutes of today and adjourn. And so the public may not be watching, so I just want to tell the public it was a pleasure serving these two years on this term. It was amazing. I want you to know that your employees of the County work really hard, and it's very challenging, given the amount of work that we give them. And so I think we Page 44 Hawai`i County Council-52 November 20,2024 have to work towards cooperation and collaboration and understanding. We work together to make things better,but believe me,you have dedicated people here at • the County. And I want to thank my colleagues. Working with them, it's just been a pleasure. Also want to thank all the staff in the Council Services. Without them, we couldn't do our work. They're amazing and we put them through the hoops, especially on the days we have Council and we have all the amendments and stuff. And so they always come through. So I want to thank everyone. Thank you. Mahalo. CHR. KIMBALL: Thank you, Council Member Evans. We'll have an opportunity to share our appreciation for you and your time here served on the Council,but you are one classy lady. So thank you for acknowledgment of all of our staff because that is always necessary, and they do work really hard. Council Member Villegas. MS. VILLEGAS: You can't escape us. You may not serve with us in this next term, sitting here on this dais,but it has been a joy. I've learned a lot from you, and it's just really been a pleasure. So I look forward to continuing to get to know each other even better. And I know that the next role that you—roles, it sounds like—that you're taking on continue to be in service of your community. You'll be transitioning that wisdom, that insight,that experience just to another facet and a role in your community. But we'll miss having you up here and hearing Holeka say"Cindy Lou"because you just have a precious spirit and a kind heart. And, yeah,we'll keep in touch. All right. Rock on. CHR. KIMBALL: All right,thank you, Council Member Evans [sic]. With that, I would like to just close by wishing everybody a very happy Thanksgiving. I hope you have a wonderful holiday with friends, family, and loved ones. Stay safe, of course, and take a nap after eating too much turkey. All right,with that, seeing no further business,we are adjourned at 1:17 p.m. Thank you. Have a great day, everyone. ADJOURN- There being no further business, Chair Kimball adjourned the meeting at 1:17 p.m. MENT: Council Approval: JAN 0 8 2025 CO JH/dg Page 45