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HomeMy WebLinkAboutMIN COUNCIL 2024-12-18 2024-2026 Hawaii County Council 2nd Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii December 18, 2024 INVOCATION: Pastor Eric Anderson of Church of the Holy Cross 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, Hilo, by Mr. Holeka Goro Inaba, Chair. ROLL CALL: Present: Ms. Heather L. Kimball, Chair Mr. Holeka Goro Inaba, Vice Chair Ms. Cindy Evans, Member Ms. Michelle M. Galimba, Member Ms. Jenn Kagiwada, Member Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Susan L. K. Lee Loy, Member Ms. Rebecca Villegas, Member Absent& Excused: Ms. Ashley L. Kierkiewicz, 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 December 2024 Haweo Award to EXPRESSIONS OF Hamakua Patrol Officer Kaleb Caves of the Hawaii Police Department.) 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-2 December 18,2024 Kristie Duarte: Res. 26-25 (Comm. 16), in support. (representing Hawaii Home (see Comm. 16.2) Birth Task Force and Hawaii Home Birth Collective) Sandy Ma: Res. 27-25 (Comm. 17), comment. (representing the Legal Clinic) April Bailey: Res. 26-25 (Comm. 16), in support. Rachel Curnel Struempf: Res. 26-25 (Comm. 16), in support. (representing Hawaii Home (see Comm. 16.1) Birth Collective) APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Chair Inaba announced that the Minutes of October 16 and November 8, 2024, were approved. COMMUNI- The Chair directed the Council to proceed to the next order of business, CATIONS: Communications. Comm. 19: APPOINTMENT OF ULUNUIOKAMAMALU KILLION TO THE YOUTH COMMISSION From Council Member Heather L. Kimball, dated December 6, 2024. Waived: GOEAC Motion to Close Ms. Kimball moved to close file on Comm. 19. Seconded File: by Mr. Kaneali`i-Kleinfelder. CHR. INABA: Council Member Kimball. MS. KIMBALL: Yeah. Thank you, Chair. I wanted to invite Ms. Killion to come up and introduce yourself. For the new Members of the Council, the Youth Commission, these are appointed by the district representatives and so do not need confirmation by the Council, but I did want to provide an opportunity for her to come and introduce herself. And I want to mahalo Chair Inaba for letting me put this on the Council agenda. Typically, it would go into committee, but we wanted to have her start right away. So, if you wouldn't mind introducing yourself real quickly and just sharing a little bit about your interest in the Youth Commission. (Note: At this time, appointee Ulunuiokamamalu Killion came forward to address the members of the Council.) Page 2 Hawaii County Council-2 December 18,2024 MS. KILLION: Hello. Aloha, my name is Kamamalu Killion. I'm 15 years old. I go to Ka `Umeke K5'eo Public Charter School in Keaukaha. I am the ninth-to- tenth grade class representative for my high school. I'm the A Hui Aloha `Aina Opio delegate, and I'm interested in the Youth Commission because I really want to see more indigenous youth step up for our community and our lahui because it's really important and especially for native `olelo speakers to be able to have mana`o for the general public. Thank you. MS. KIMBALL: Thank you so much. You can see why we're very excited to have Ms. Killion as the representative for District 1 on the Youth Commission. I think she's going to bring a lot of enthusiasm and important knowledge to the position. So, mahalo for volunteering to be on this board. And I appreciate everybody's recognition of her joining the Youth Commission. Thank you, Chair. CHR. INABA: Thank you. Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. Welcome and thank you for stepping up to really do your civic duty and participate in this civic process. Very excited to have you joining our Youth Commission as I've told you earlier when I met you, I'm the lucky Councilperson that gets to be sitting on the Youth Commission with you to help in any way I can to guide you or to answer questions or just to be there as you do your important work of sharing with the Council, with the Mayor, and the administration, what are the issues that the youth in our county really care about and want to see action on. So, very excited to have you join us. Looking forward, I'm very happy to see your friend and fellow Youth Commissioner here. And we will be very excited to have you in our first meeting in January. Thank you. CHR. INABA: Thank you. With that, congratulations and we look forward to the work that you'll be doing along with your colleagues on the Commission. So, thank you for being here to introduce yourself and for your service. With that, all those in favor of closing file on Communication 19, please say "aye." Vote on Comm. 19: The motion to close file on Comm. 19 was carried by the Filed following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. CHR. INABA: With that, mahalo nui. Page 3 Hawaii County Council-2 December 18,2024 MS. KIMBALL: Chair, may I request a brief recess to present a lei and get a quick photo? CHR. INABA: Sure. Go ahead. We are in a short recess. We'll begin in a few minutes. Recess: At 9:24 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:26 a.m. CHR. INABA: We are calling this meeting back to order. Mr. Clerk, Resolution 442. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 442-24: AUTHORIZES THE ACCEPTANCE OF A QUITCLAIM OF REAL (2022-2024) PROPERTY, DESCRIBED AS REMNANT ROAD RESERVE, PARCEL A, BEING A PORTION OF TAX MAP KEY NO. 7-5-006-034 AND CONTAINING AN AREA OF 1,794 SQUARE FEET, SITUATED AT LANIHAU 2ND, KAILUA, NORTH KONA, ISLAND OF HAWAI`I, FROM THE STATE OF HAWAI`I, BY ITS BOARD OF LAND AND NATURAL RESOURCES The County seeks to utilize the parcel for public parking. Reference: Comm. 742 Intr. by: Council Member Inaba(B/R) Approve: LAAC-52 Postponed: March 20, April 17, and May 15, 2024 (Note: There is a motion by Council Member Inaba, seconded by Council Member Villegas, to adopt Res. 442-24.) ; and Comm. 742.3: From Corporation Counsel Elizabeth A. Strance, dated November 26, 2024, requesting that Res. 442-24 be agendized. CHR. INABA: Thank you. There is an active motion on the floor. I want to give the opportunity to Corporation Counsel if there's any update you want to provide. I know DPW (Department of Public Works) has requested this to be put off another two weeks so that the new administration can get up to speed on it, but no comment at this time. Alright. Can I get a motion please to postpone Resolution 442-24 to the January 8 h Council meeting? Page 4 Hawaii County Council-2 December 18,2024 Vote on Motion to Ms. Villegas moved to postpone Res. 442-24 to Postpone: January 8, 2025. Seconded by Ms. Kagiwada and carried (Approved) by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 704-24: AUTHORIZES THE EXTENSION OF THE PUBLIC SEWER FROM AN (2022-2024) EXISTING SEWER LINE TERMINUS AT PUKIHAE BRIDGE TO HAU LANE, WITHIN HAWAI`I BELT ROAD, TO SERVICE TAX MAP KEYS: 2-6-015:001 AND 002 AT AHUPUA`A OF WAINAKU, DISTRICT OF SOUTH HILO, ISLAND AND COUNTY OF HAWAI`I, STATE OF HAWAI`I The extension would service the Hawaiian Ola Brewing Corporation for its operations at 238 Belt Road in Hilo. Reference: Comm. 1146 Intr. by: Council Member Inaba(B/R) Approve: LAAC-75 Vote on Res. 704-24: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 704-24 and (Adopted) Legislative Approvals and Acquisitions Committee Report No. 75. Seconded by Ms. Kagiwada and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 713-24: CHANGES TIME ELEMENT OF A HALF-TIME RECREATION (2022-2024) TECHNICIAN 11 POSITION TO FULL-TIME Requests adjustment to full-time with the intent to reallocate the position to a position that would increase public safety and reduce the County's liability. Reference: Comm. 1159 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-213 Page 5 Hawaii County Council-2 December 18,2024 Vote on Res. 713-24: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 713-24 and (Adopted) Finance Committee Report No. 213. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 13-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO ASSIST THE ANIMAL CONTROL AND PROTECTION AGENCY WITH PURCHASING PORTABLE ANIMAL KENNELS Transfers $20,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Animal Control and Protection Agency account. Reference: Comm. 3 Intr. by: Council Member Galimba Motion to Approve: Ms. Galimba moved to adopt Res. 13-25. Seconded by Ms. Kagiwada. CHR. INABA: Council Member Galimba. MS. GALIMBA: Thank you. So, with this resolution I'm just helping Animal Control to get more kennels. We have an abandoned animal and stray animal problem on this island, which Animal Control is doing great, making great strides at addressing. It has been long in the making, so it is taking a while. But these kennels will help to address that problem as well as be available for folks when we have emergency situations and folks need to shelter in one of our emergency shelters. These kennels can be available for them to also house their animals in shelters. So, looking forward to these kennels being available and ask for my colleagues support. CHR. INABA: Mahalo. Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. I just want to thank Council Member Galimba for this very generous donation. I think it's really key with, you know, starting to deal with our very huge dangerous dog issue here on this island. So, thank you so much. Appreciate that. And thank you to our Animal Control team for working so hard on this issue. I yield. Page 6 Hawaii County Council-2 December 18,2024 CHR. INABA: Thank you. Any further discussion? Seeing none, all those in favor of approving Resolution 13-25, please say "aye." Vote on Res. 13-25: The motion to adopt Res. 13-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 14-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PAY FOR USE OF THE KONA TROLLEY FOR THE WEST HAWAI`I COUNTY BAND DURING THE KONA CHRISTMAS PARADE Transfers $570 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Parks and Recreation, Hawaii County Band Other Current Expenses account. Reference: Comm. 4 Intr. by: Council Member Inaba Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 14-25. Seconded by Ms. Villegas. CHR. INABA: Pretty straightforward. The West Hawaii Band requested funds so that they don't have to walk. Some of them are getting a little bit more kupuna age so, we're putting them on the trolley to play for the parade. Ask for your support. Vice Chair Onishi. MR. ONISHL Yeah. I just wanted to say, Chair, when I was on the Council before previous, you need to help fight for the Kona Band to get more funding from the Hilo side, okay, because back then they weren't getting their share, and they had to form their own nonprofit to get money to help provide new equipment and all those uniforms and so forth. So,please fight for them. Okay. Thanks. CHR. INABA: Thank you, Vice Chair Onishi. With that, all those in favor of approving Resolution 14-25, please say "aye." Page 7 Hawaii County Council-2 December 18,2024 Vote on Res. 14-25: The motion to adopt Res. 14-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 15-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NA MAMO HA`AHEO TO ASSIST WITH EXPENSES TO CONDUCT A SERIES OF LEI-MAKING CLASSES Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 5 Intr. by: Council Member Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 15-25. Seconded by Ms. Galimba. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you so much. Just hope for your support as I tried to support this very important sharing and passing down of cultural knowledge around lei-making. I'm very excited to—and I'll be sharing with the Council when these dates and locations are available so you can share that out to the public. Thank you so much. Looking for your support. CHR. INABA: Thank you. Seeing no further discussion, all those in favor of approving Resolution 15-25, please say "aye." Vote on Res. 15-25: The motion to adopt Res. 15-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 8 Hawaii County Council-2 December 18,2024 Res. 16-25: 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 LILI`UOKALANI GARDENS FOR ITS CHRISTMAS IN THE PARK EVENT Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 6 Intr. by: Council Member Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 16-25. Seconded by Ms. Galimba. MS. KAGIWADA: Thank you, Chair. Just looking for all your support. I want to say that, you know, Council Member Kaneali`i-Kleinfelder has really been a key player in making sure that this wonderful event for our community happens every year along with our Parks and Rec Department. So, I want to thank him for that work and look for your support on this resolution. Thanks. CHR. INABA: Thank you. Any discussion? Seeing none, all those in favor of approving Resolution 16-25, please say "aye." Vote on Res. 16-25: The motion to adopt Res. 16-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 17-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE KEAUKAHA COMMUNITY ASSOCIATION FOR KEAUKAHA'S 100TH ANNIVERSARY CELEBRATION Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 7 Intr. by: Council Member Kagiwada Page 9 Hawaii County Council-2 December 18,2024 Motion to Approve: Ms. Kagiwada moved to adopt Res. 17-25. Seconded by Ms. Galimba. MS. KAGIWADA: Thank you, Chair. This was a wonderful event. It was held this Monday. Council Member Kimball and I were there, and it was so joyous. It was quite rainy but really wonderful with educational displays about Keaukaha. So, many people turned out; yummy food and wonderful music with guest musicians jumping up and joining in, and hula just spontaneously happening in the rain in the middle of the event. It was really quite lovely. So, very happy to support this event and look for your support. CHR. INABA: Thank you. Any further discussion? Seeing none, all those in favor of approving Resolution 17-25, please say "aye." Vote on Res. 17-25: The motion to adopt Res. 17-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 18-25: 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 THE DIGITAL RESILIENCE AGAINST DISASTERS FOR ISLAND COMMUNITIES TRAINING PROGRAM Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 8 Intr. by: Council Member Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 18-25. Seconded by Ms. Galimba. MR. KANEALI`I-KLEINFELDER: Mahalo, Chair. This is actually a really interesting program that Dane Duponte and some folks in the Puna community have put on to kind of do what they've always done, which is really educate community and get the word out when there's an emergency. But just to fulfill what they're wanting to do at a bigger level, which is train folks and really focus on the digital aspect. I like the idea of the program, so I promised them some Page 10 Hawaii County Council-2 December 18,2024 funding two-ish months ago and here we are. So, appreciate everyone's support. Thank you. CHR. INABA: Thank you. Any other discussion? Seeing none, all those in favor of approving Resolution 18-25, please say "aye." Vote on Res. 18-25: The motion to adopt Res. 18-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 19-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAI`I ISLAND HIV/AIDS FOUNDATION TO ASSIST WITH EXPENSES RELATED TO ITS PUNA COMMUNITY OUTREACH PROGRAM Transfers $10,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 9 Intr. by: Council Member Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 19-25. Seconded by Ms. Villegas. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: This is in support of an organization that does a lot of work in our island community, but this is specific for our Puna community as an outreach program. And I really do appreciate what this organization is able to do with limited funding and happy to help lend a hand to their activities. Thank you. CHR. INABA: Thank you. All those in favor of approving Resolution 19-25, please say "aye." Page 11 Hawaii County Council-2 December 18,2024 Vote on Res. 19-25: The motion to adopt Res. 19-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 20-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO PETFIX SPAY AND NEUTER TO SUPPORT ITS SPAY AND NEUTER CLINICS IN COUNCIL DISTRICT 5 Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 10 Intr. by: Council Member Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 20-25. Seconded by Ms. Villegas. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I just wanted to mahalo the organization. I always ask the question when they ask for funds; are you doing it in Puna or is this more of an East Hawaii thing? And this one was very specific to my district. So, I'm happy to support. Thank you. CHR. INABA: Thank you. Any discussion? I just have one question, Council Member Kaneali`i-Kleinfelder. For this CRF (Contingency Relief Fund)request, wondering how come it was done through R&D (Research and Development) rather than through Animal Control? MR. KANEALI`I-KLEINFELDER: I think possibly due to processing minimum amount of funding or an ability to get it done quicker. CHR. INABA: Okay. Thank you. MR. KANEALI`I-KLEINFELDER: Thank you. CHR. INABA: With that, all those in favor of approving Resolution 20-25, please say "aye." Page 12 Hawaii County Council-2 December 18,2024 Vote on Res. 20-25: The motion to adopt Res. 20-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 21-25: 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 LILI`UOKALANI GARDENS FOR ITS CHRISTMAS IN THE PARK EVENT Transfers $7,500 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. II Intr. by: Council Member Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 21-25. Seconded by Ms. Villegas. MR. KANEALI`I-KLEINFELDER: Just real quickly. Mahalo, Ms. Kagiwada, for recognizing the event. I have been helping support this and make it big and it really is a tremendous community activity that we hold every year. This is my sixth year of participating, but this is KT Cannon-Eger's eighth, I believe, and she really is the muscle behind this project. And it really isit started as something as little solar lights in Lili`uokalani Gardens, but it has grown into a community event, I think, that last year that drew about 10,000 people both driving and walking and offers a lot as far just something to do with your `ohana during the holidays. So, I'm happy to support this as well as seeing some of my other Council Members support the program, too. And people ask me, "Why you doing this; it's not your district?" I was like, it's just—there's something that brings everyone together for the holidays and this is just a little tiny piece of that. And if we really put some effort into this and discuss this with administration, this could become all of Banyan Drive lit during the holidays and there is a beauty to that I don't think that we see very often, especially in our small Hilo community. So, I look forward to everyone's support and also seeing this grow year over year. Thank you. CHR. INABA: Thank you, Council Member Kaneali`i-Kleinfelder. All those in favor of approving Resolution 21-25, please say "aye." Page 13 Hawaii County Council-2 December 18,2024 Vote on Res. 21-25: The motion to adopt Res. 21-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 22-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO PETFIX SPAY AND NEUTER TO SUPPORT A SPAY AND NEUTER CLINIC IN COUNCIL DISTRICT 4 Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 12 Intr. by: Council Member Kierkiewicz Motion to Approve: Ms. Galimba moved to adopt Res. 22-25. Seconded by Ms. Villegas. MS. GALIMBA: Yes. Just have to support Petfix in their efforts and mahalo Council Member Kierkiewicz for this. CHR. INABA: Thank you. All those in favor of approving Resolution 22-25, please say "aye." Vote on Res. 22-25: The motion to adopt Res. 22-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 14 Hawaii County Council-2 December 18,2024 Res. 23-25: 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 RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR THE 2024 HAWAI`I ISLAND SAKADA DAY CELEBRATION Transfers $2,200 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 13 Intr. by: Council Member Kierkiewicz Motion to Approve: Ms. Kagiwada moved to adopt Res. 23-25. Seconded by Ms. Galimba. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. This is Council Member Kierkiewicz's resolution, but I wanted to support it. This is for the Sakada Day celebration at the University of Hawaii in Hilo that just happened on December 15''. I wanted to just mention that the very last remaining Sakada on our island, Mr. Rafael Taroma, was honored at this event, and it was very lovely, as well as all the other family members who had family who were part of the Sakada Plantation workers. So, really nice to honor the last remaining Sakada on our island. And I'm sure we'd appreciate your support. Thanks. CHR. INABA: Thank you, Council Member Kagiwada. Any further discussion? Seeing none, all those in favor of adopting Resolution 23-25, please say "aye." Vote on Res. 23-25: The motion to adopt Res. 23-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 15 Hawaii County Council-2 December 18,2024 Res. 24-25: 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 LILI`UOKALANI GARDENS FOR ITS 8TH ANNUAL GARDEN ENCHANTMENT Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 14 Intr. by: Council Member Kimball Motion to Approve: Ms. Kimball moved to adopt Res. 24-25. Seconded by Ms. Galimba. CHR. INABA: Council Member Kimball. MS. KIMBALL: Yeah, thank you. I think this event has been well described by my colleagues. I'm happy to join in supporting and want to definitely mahalo KT for all of her efforts. I'm very excited to see this grow as well and appreciate the opportunity to support. Thank you. CHR. INABA: Thank you. Any further discussion? Seeing none, all those in favor of adopting Resolution 24-25,please say "aye." Vote on Res. 24-25: The motion to adopt Res. 24-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 25-25: 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 LIONS CLUB OF KONA COMMUNITY FOUNDATION INC. TO REPLACE A DETERIORATED CANOE PLAY FIXTURE AT THE HAROLD H. HIGASHIHARA PARK Transfers $10,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 15 Intr. by: Council Member Villegas Page 16 Hawaii County Council-2 December 18,2024 Motion to Approve: Ms. Villegas moved to adopt Res. 25-25. Seconded by Ms. Galimba. CHR. INABA: Council Member Villegas. MS. VILLEGAS: Yeah. I first off want to thank the Lions Club members and the strong resolute team of men and women who have volunteered and contributed hundreds of hours to Higashihara Park and the facilities there to ensure that they were renovated and brought back to life. Super grateful for that sailing canoe that is back for our keiki to vision and play upon as they dream of their future and their ability to participate in the art and science of wa`a and sailing. So, I just ask for my colleagues support in the contribution of these resources for that incredible piece of equipment at the Harold H. Higashihara Park. I yield. CHR. INABA: Thank you. Any further discussion? Seeing none, all those in favor of adopting Resolution 25-25,please say "aye." Vote on Res. 25-25: The motion to adopt Res. 25-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 26-25: URGES THE HAWAI`I STATE LEGISLATURE TO AMEND CHAPTER 457J, HAWAI`I REVISED STATUTES, RELATING TO MIDWIVES, TO PERMANENTLY EXEMPT BIRTH ATTENDANTS FROM STATE LICENSURE REQUIREMENTS AND TO EXPAND THE ELIGIBILITY CRITERIA FOR MIDWIFERY LICENSURE Reference: Comm. 16 Intr. by: Council Member Kagiwada Waived: GOEAC Motion to Approve: Ms. Kagiwada moved to adopt Res. 26-25. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. You heard the testifiers today. This is a very important resolution. It's really just saying that we support our state legislature in making these critical changes to Chapter 45-70) of the HRS Page 17 Hawaii County Council-2 December 18,2024 (Hawai`i Revised Statutes). The one thing I did want to say is that our body already did pass this exact resolution as part of the HSAC (Hawai`i State Association of Counties)package before, but in order to be a part of the HSAC package, it must be unanimous with all four counties, and it wasn't unanimous. So, I wanted to bring it back as something that just our County could put forward. So, thank you and I can try to answer any questions. We also have our experts, I think, Sandy Ma, if you have any questions. I yield. CHR. INABA: Thank you. Council Member Villegas. MS. VILLEGAS: Yeah. Thank you, Council Member Kagiwada, for bringing this forward. I share your passion and support for midwifery and the ability for a woman to choose the environment and the experience for giving birth. Having had a home birth myself, it's a very humbling experience. Also, understood the decision that women make to give birth in a hospital with a midwife. And at a time when women's reproductive rights and health are quite literally on the line, I believe it is imperative that we as a County, I will be in full support of taking this stand to ensure that the women that find themselves pregnant and are going to become mothers have the opportunity to make a decision about how they want to enter into that sacred relationship with the child in their womb and to support the men and women who operate as midwives and birthing coaches and doulas and whatnot because that is sacred and special work and it goes back to the beginning of humanity. So, I am in strong support of this. I yield. CHR. INABA: Thank you. Council Member Galimba. MS. GALIMBA: Thank you. I really can't add anything to that very eloquent description of what's really at stake, and it is really important to have options and to be able to make the choices that you want to make depending on where you are in your sort of being pregnant and giving birth journey. And it's also a way of preserving knowledge and that's so important. So, in full support and thank you. CHR. INABA: Thank you. Any further discussion? Seeing none. Thank you, Council Member Kagiwada, for bringing this forward. All those in favor of adopting Resolution 26-25, please say "aye." Vote on Res. 26-25: The motion to adopt Res. 26-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 18 Hawaii County Council-2 December 18,2024 Res. 27-25: AUTHORIZES THE MAYOR TO ENTER INTO INTERGOVERNMENTAL AGREEMENTS WITH FEDERAL AND STATE PARTNERS TO SUPPORT THEIR CONTINUED COOPERATION WITH THE HAWAI`I POLICE DEPARTMENT FOR THE SAFETY OF THE COUNTY OF HAWAI`I Allows for the Police Department to officially partner with various and numerous entities listed in an "Index of Agreements" as attached to the resolution and labeled as "Exhibit A". The Index of Agreements authorizes one intergovernmental agreement with the County's Office of Housing and Community Development, 13 agreements amongst nine State agencies, 10 agreements amongst eight Federal agencies, and four agreements with the private sector. Reference: Comm. 17 Intr. by: Council Member Kimball (B/R) Waived: GOEAC Motion to Approve: Ms. Kimball moved to adopt Res. 27-25. Seconded by Ms. Galimba. CHR. INABA: Council Member Kimball. MS. KIMBALL: Yes. At this time, I would like to invite Corporation Counsel Deputy (DCC) Frenz to come up and give a little bit of background. She's of course representing HPD (Hawai`i Police Department) in this, and of course Major Bird, too. Fill us in. Thank you. (Note: At this time, Deputy Corporation Council Dakota Frenz came forward to address the members of the Council.) MS. FRENZ: Good morning, everybody. Deputy Corporation Counsel Cody Frenz. I am the assigned attorney for the Hawaii Police Department. And so, this request would afford the Hawaii Police Department to sign, as you can see from Exhibit A, a plethora of different types of agreements; MOAs (Memorandum of Agreement) MOUs (Memorandum of Understanding), kind of anything and everything that the Police Department generally does with state and federal entities and HRS 46-7 requires such. So, I'm just doing a little bit of clean up to make sure that they have the appropriate authority to sign these going forward. MS. KIMBALL: So, fairly straightforward. I know there's a lot here, but this was kind of an evolution of a continuing discussion between myself and HPD and Corporation Counsel about how to bring this before us with sufficient information so that we could make a decision. The intention is to have this kind of be an annual thing allowing HPD to have those agreements officially in place abiding by the policies that require Council approval. So, I ask for everyone's support. Thank you. Page 19 Hawaii County Council-2 December 18,2024 CHR. INABA: Thank you, Council Member Kimball. Any further discussion? MS. KAGIWADA: Chair? CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. First, thank you, Deputy Corporation Counsel Frenz. It's so important that this was kind of, I think, brought forward because, you know, maybe we had some different ideas of how things should be done but I'm really glad that you did bring this forward. I wanted to say, you know, there was a little bit of confusion because this was asked to be waived out of my committee and it was asked, you know, the day before thanksgiving and kind of rushed, and I wanted to just slow it down a little. So there were three items that were taken out just so we would have the time and for the public to have the time to look at those items. I did meet with the Police Chief and feel very good about, you know, our Police Department and I trust them to really protect and not be entering into agreements with the federal government that would harm or cause a lot of extra fear in our community. But I did just want to slow that down a little just so the public had the normal chances they get to weigh in. So, it will go through the normal process of going through committee first and then coming to Council. So, I don't know if, Major Bird, you have anything to add. You weren't in that meeting, but I did have a very good conversation with them, and you heard one person testify that they had some concerns. I think, you know, there's some general concerns out there, but I do feel good about my conversation with the chief. So, thank you. That's all. CHR. INABA: Thank you, Council Member Kagiwada. Vice Chair Onishi. MR. ONISHL So,just to clarify for myself and maybe for the public. So, what we're approving would be just for the agreements but accepting any funding would come through the Council for acceptancy, correct? MS. FRENZ: That is correct. MR. ONISHL Okay. Thank you. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Ms. Frenz, thank you for being here this morning, and Ms. Bird, sorry. Are the redacted portions removed, or they're just redacted for viewing? MS. FRENZ: Those are removed. Like Council Member Kagiwada just referred to, there were a few that she was uncomfortable with waiving straight through so Page 20 Hawaii County Council-2 December 18,2024 those are redacted to take them out of today's consideration before Council. So, what Police and I will do is another resolution for those three specifically and it'll go through two readings. MR. KANEALI`I-KLEINFELDER: Okay. So, it's not that we just can't see it, it's that they're not being paired with this resolution? MS. FRENZ: Yes, sir. MR. KANEALI`I-KLEINFELDER: Okay. And then the other one that caught my eye was PTA (P6hakuloa Training Area)response services and assistance with civil disturbances on or adjacent to the P6hakuloa Training Area. Is that specific to explosive ordinance disposal services, training and use of certain facilities or is that just a general civil disturbances on or adjacent to? (Note: At this time, Police Administration Major Sherry Bird came forward to address the members of the Committee.) MS. BIRD: Hi. Good morning. Major Sherry Bird with the Police Department Administration. Can you tell me which page? MR. KANEALI`I-KLEINFELDER: That is under federal, under PTA. CHR. INABA: Page 2. Third or fourth to the last for the federal section. MR. KANEALI`I-KLEINFELDER: The first sentence is fairly general, but it goes on to be more specific. So, wondering if it is specific to explosive ordinance disposal services, training and use of facilities or just any and all civil disturbances on or adjacent to the facility? MS. BIRD: So, this allows us to partner with them should a civil disturbance take place as it says on or adjacent to, as far as the explosive ordinance is, if it's able to be transported there safely and they have the means for us to dispose of the ordinance there, that's what this agreement is about. MR. KANEALI`I-KLEINFELDER: Okay. MS. BIRD: You know, sometimes we have situations that are on the highway that might enter into P6hakuloa Training Area and that allows us that access in there as well. MR. KANEALI`I-KLEINFELDER: Okay. And then this, under(HRS) 46-7, this is a general MOU between us and different agencies, but this one would require 180 days of written notice prior to? Page 21 Hawaii County Council-2 December 18,2024 MS. FRENZ: That's for termination. MR. KANEALI`I-KLEINFELDER: Prior to termination. MS. FRENZ: Right. So, that third column provides you guys what the notice, how they would be terminated. So, some of them are going to be ongoing, some of them are going to be for, you know, maybe an undisclosed period of time. But that third column tells you how and when we could terminate. And that was done to provide Council the assurance that if there were concerns, if something became a concern part way through an incident occurred that called into question the nature of how the MOU or MOA is actually being utilized, this tells you how the County could terminate that particular agreement if we wanted or needed to. So, in this case, it would be 180 days written notice. MR. KANEALI`I-KLEINFELDER: So, we'd have to cancel the MOU for that specific line item, we have to provide written notice within 180 days or 30 days, whatever is stated in this resolution. MS. FRENZ: That's correct. MR. KANEALI`I-KLEINFELDER: Okay. And who writes that? MS. FRENZ: It depends. These are order agreements that I didn't participate in. So, if and when they come up again for re-execution, I would be reworking them. 180 days is kind of a long lead time. I'm used to seeing 30 days. I would probably recommend something more like 30 days so there's a little bit more fluidity in the, you know, if an important need arose. But I didn't work on those. MR. KANEALI`I-KLEINFELDER: Yup. Okay. So, it would be up to the different department that wrote the original contract with Corporation Counsel's oversight? MS. FRENZ: It would be Police Department. These are all Police Department agreements. So, it would be Police, assuming I'm still their attorney, I would be reviewing and working with whichever attorney represented the other entity. MR. KANEALI`I-KLEINFELDER: Thank you, Ms. Frenz. Thank you, Ms. Bird. Thank you, Chair. CHR. INABA: Thank you. Council Member Kimball. MS. KIMBALL: Yes. I just wanted to note for my colleagues, in your pinkie folder, there's Communication 17.1, which shows the table with the unredacted language. Thank you. I yield. Page 22 Hawaii County Council-2 December 18,2024 CHR. INABA: Thank you. And again, to clarify,those that you can see in the unredacted version that are redacted in the current resolution will be coming through in their own separate resolution. So, we're only approving what is in Exhibit A, attached to the original resolution today. MS. KAGIWADA: Chair? CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you. One thing. I just want to reiterate what DCC Frenz said so the public understands that this resolution says that in the future, HPD will be coming to Council for these, you know, for approval on these MOAs. Is that correct? MS. FRENZ: Yes. MS. KAGIWADA: Okay. I just wanted to make sure because people had some questions about that. So, yes. Thank you so much. I appreciate your work on this, both of you. MS. FRENZ: And Chair, if I could just clarify. The reason why I worked with Council Member Kimball to do it this way is because as you can see the number of agreements there are, it would likely be burdensome to both Police Department and Council to have these on every single month or whatever it may be. So, if we do this annually, it will expedite the process for everyone. CHR. INABA: Thank you. We are trying to go for efficiency and effectiveness. So, with that, all those in favor of adopting Resolution 27-25, please say "aye." Vote on Res. 27-25: The motion to adopt Res. 27-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 23 Hawaii County Council-2 December 18,2024 Res. 28-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAI`I RISE FOUNDATION TO ASSIST WITH EXPENSES RELATING TO THE 28TH KWXX HO`OLAULE`A Transfers $10,450 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 18 Intr. by: Council Member Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 28-25. Seconded by Ms. Kimball. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you. So, the KWXX Ho`olaule`a is back. That's very exciting. We missed a year, but they are back. I am providing this funding to give some general support but also to make sure that we reduce waste for this event. It's a very big event. There's a lot of waste. And so, some of this funding will be used to try to sort waste at the end and recycle things that can be recycled, compost things that can be composted. Those kind of things. So,just trying to help us think about reducing waste whenever we have these large gatherings and events. Looking for your support. Thank you. CHR. INABA: Thank you. Any further discussion? Seeing none, all those in favor of adopting Resolution 28-25,please say "aye." Vote on Res. 28-25: The motion to adopt Res. 28-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 24 Hawaii County Council-2 December 18,2024 Res. 29-25: AUTHORIZES THE ACCEPTANCE OF A DONATION OF MATERIALS AND LABOR TO REMODEL A MOBILE OFFICE TRAILER The donation from University of the Nations, Kona Inc., with an estimated value of $7,000, would be used to upgrade a mobile office trailer being utilized to train lifeguards at Kahalu`u Beach. Reference: Comm. 22 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 29-25. Seconded by Ms. Galimba. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: This item was waived to Council to expedite the funding. It's not in my district and it just came to the Finance Committee because of the nature of the resolution. But I do support the project and appreciate University of the Nations in Kona for helping. CHR. INABA: Thank you, Council Member Kaneali`i-Kleinfelder. Any further discussion? Thank you so much for the donation. All those in favor of adopting Resolution 29-25, please say "aye." Vote on Res. 29-25: The motion to adopt Res. 29-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. CHR. INABA: Bills for first reading. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): Page 25 Hawaii County Council-2 December 18,2024 Bill 207: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY (2022-2024) OF HAWAI`I BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE RURAL DISTRICT AT PU`UKAPU, WAIMEA, SOUTH KOHALA, HAWAI`I, COVERED BY TAX MAP KEY: 6-4-017:001 Reference: Comm. 1050 Intr. by: Council Member Inaba(B/R) Approve: LAAC-76 Vote on Bill 207: Mr. Kaneali`i-Kleinfelder moved to pass Bill 207 on first (Approved) reading and adopt Legislative Approvals and Acquisitions Committee Report No. 76. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Bill 208: AMENDS SECTION 25-8-11 (LALAMILO-PU`UKAPU ZONE MAP), (2022-2024) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—40 ACRES (A-40a) TO RESIDENTIAL—AGRICULTURAL—0.5 ACRES (RA-.5a) AT PU`UKAPU, WAIMEA, SOUTH KOHALA, HAWAI`I, COVERED BY TAX MAP KEY: 6-4-017:001 (Applicant: Kelvin P. Jarneski) (Area: 1.997 Acres) The Leeward Planning Commission forwards its favorable recommendation for this amendment to the State Land Use Boundaries Map and for the requested change of zone, which would allow the applicant to subdivide the property into three lots. This property is located at 64-5208 Alanui Ohana Place. Reference: Comm. 1050 Intr. by: Council Member Inaba(B/R) Approve: LAAC-77 and Comm. 1050.3: From Council Member Holeka Goro Inaba, dated November 25, 2024, transmitting proposed amendments to Bill 208. ; and Comm. 1050.4: From Council Member Holeka Goro Inaba, dated November 25, 2024, transmitting proposed amendments to Bill 208. Page 26 Hawaii County Council-2 December 18,2024 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 208 on first reading and adopt Legislative Approvals and Acquisitions Committee Report No. 77. Seconded by Ms. Kimball. CHR. INABA: We do have a couple amendments for this bill that we had discussed at a previous committee hearing. So, Council Member Kaneali`i- Kleinfelder, please go ahead. Motion to Amend: Mr. Kaneali`i-Kleinfelder moved to amend Bill 208 with the contents of Comm. 1050.3. Seconded by Ms. Kimball. CHR. INABA: This is an amendment that my office prepared in line with the language provided by the applicant and their representative saying that any access directly to Mamalahoa Highway shall be prohibited, and we have the support of the applicant for this amendment. Any discussion? Seeing none, all those in favor of approving the amendment of Bill 208 with the contents of Communication 1050.3,please say "aye." Vote on Motion to The motion to amend Bill 208 with the contents of Amend: Comm. 1050.3 was carried by the following voice vote: (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Motion to Amend: Mr. Kaneali`i-Kleinfelder moved to amend Bill 208 with the contents of Comm. 1050.4. Seconded by Ms. Galimba. CHR. INABA: This amendment was also based on the discussion and has the support of the applicant, and it limits the additional dwelling unit potential to one ADU (Accessory Dwelling Unit)per each of the lots that would be created via this bill. Any discussion? Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. And then to the applicant and your land planning consultant behind you, Mr. (Sidney) Fuke, I appreciate this amendment. This is one of the reasons I said no last time because it wasn't in writing, and I want to see it in writing before we move forward so it's set in stone. So, I appreciate the amendment and I'll be supporting today. Thank you. CHR. INABA: Thank you. All those in favor of amending Bill 108 with the contents of Communication 1050.4,please say "aye." Page 27 Hawaii County Council-2 December 18,2024 Vote on Motion to The motion to amend Bill 208 with the contents of Amend: Comm. 1050.4 was carried by the following voice vote: (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. CHR. INABA: Now, back to the main motion which is to approve Bill 208 at first reading. Any further discussion? Seeing none, all those in favor, please Ic aye. Vote on Bill 208: The motion to pass Bill 208, as amended to Draft 2, on first Draft 2 reading and adopt Legislative Approvals and Acquisitions (Approved) Committee Report No. 77 was carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. CHR. INABA: Thank you, Mr. Clerk. Bill 224: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, (2022-2024) CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—3 ACRES (A-3a) TO SINGLE FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15) AT CITY OF HILO, SOUTH HILO, HAWAI`I, COVERED BY TAX MAP KEY: 2-4-080:017 (Applicant: Andrew Matsuura) (Area: 3.25 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 six lots and one private roadway lot. The property is located at 1078 Ahe Street. Reference: Comm. 1147 Intr. by: Council Member Inaba(B/R) Approve: LAAC-78 Page 28 Hawaii County Council-2 December 18,2024 Vote on Bill 224: Mr. Kaneali`i-Kleinfelder moved to pass Bill 224 on first (Approved) reading and adopt Legislative Approvals and Acquisitions Committee Report No. 78. Seconded by Ms. Kagiwada and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Bill 225: AMENDS ORDINANCE NO. 14-54 WHICH AMENDED SECTION 25-8-26 (2022-2024) (PAHOA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL— 1 ACRE (A-la) TO VILLAGE COMMERCIAL—20,000 SQUARE FEET (CV-20) AT KEONEPOKO HOMESTEAD LOTS, PUNA, HAWAI`I, COVERED BY TAX MAP KEY: 1-5-007:061 (Applicant: Maui Varieties Investments Inc. (formerly Jerry Souza)) (Area: 1 acre) The Windward Planning Commission forwards its favorable recommendation for the applicant's request for a 10-year time extension to Condition C (Establishment of a Commercial Use), and an amendment to Condition H (Road Improvements). The property is located at 15-1447 Kahakai Boulevard. Reference: Comm. 1148 Intr. by: Council Member Inaba(B/R) Approve: LAAC-79 Vote on Bill 225: Ms. Galimba moved to pass Bill 225 on first reading and (Approved) adopt Legislative Approvals and Acquisitions Committee Report No. 79. Seconded by Mr. Onishi and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 29 Hawaii County Council-2 December 18,2024 Bill 226: AMENDS ORDINANCE NO. 24-32, AS AMENDED, THE OPERATING (2022-2024) BUDGET FOR THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR ENDING JUNE 30, 2025 Increases revenues in the Federal Grants —National Instant Criminal Background Check Act Record Improvement Program account($15,579); and appropriates the same to the National Instant Criminal Background Check Act Record Improvement Program account for a total appropriation of$561,339. Funds would be used to enhance firearms registration, record keeping, and data accessibility. Reference: Comm. 1158 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-214 Vote on Bill 226: Mr. Kaneali`i-Kleinfelder to pass Bill 226 on first reading (Approved) and adopt Finance Committee Report No. 214. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, and Chair Inaba—7. Noes: None. Absent: Council Members Kierkiewicz and Villegas —2. Excused: None. Bill 1: AMENDS ORDINANCE NO. 24-32, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR ENDING JUNE 30, 2025 Appropriates revenues in the Fund Balance from Prior Year account($1,000,000); and appropriates the same to the Transfer to Capital Project Fund account. Funds would be used for the Waiakea Stream Mitigation project. Reference: Comm. 20 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 1 on first reading. Seconded by Ms. Galimba. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Yes,please. Is anyone from Public Works here or on Zoom? CHR. INABA: I don't believe so, but we did get that request, Council Member Kaneali`i-Kleinfelder, for a postponement on this. Page 30 Hawaii County Council-2 December 18,2024 MR. KANEALI`I-KLEINFELDER: We did? CHR. INABA: Yes. For January 8, and that was requested by Business Manager Kalua-Lewis. MR. KANEALI`I-KLEINFELDER: Perfect. Thank you. CHR. INABA: If you'd like to make the motion? Motion to Postpone: Mr. Kaneali`i-Kleinfelder moved to postpone Bill 1 to January 8, 2025. Seconded by Mr. Hustace. CHR. INABA: Any discussion? MR. KANEALI`I-KLEINFELDER: I do, actually. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Just to the department, if you're watching. The B-52 has some interesting information on it that I will be asking about at the next meeting. Appreciate your thoughts. Thank you. CHR. INABA: Thank you. And again, this was a request for postponement by the Business Manager of DPW to also give the new administration time to catch up on this matter. So, with that, all those in favor of postponing Bill 1 to the January 8, 2025 Council meeting,please say "aye." Vote on Motion to The motion to postpone Bill 1 to January 8, 2025,was Postpone: carried by the following voice vote: (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, and Chair Inaba—7. Noes: None. Absent: Council Members Kierkiewicz and Villegas —2. Excused: None. Page 31 Hawaii County Council-2 December 18,2024 Bill 2: AMENDS ORDINANCE NO. 24-33, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2024 TO JUNE 30, 2025 Adds the Public Works Waiakea Stream Mitigation project($1 million)to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or other Sources. Reference: Comm. 21 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Waived: FC Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawaii County Charter Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 2 on first reading. Seconded by Ms. Kimball. CHR. INABA: Discussion? Motion to Postpone: Mr. Kaneali`i-Kleinfelder moved to postpone Bill 2 to January 8, 2025. Seconded by Mr. Onishi. CHR. INABA: Any discussion? Again, this is a request by the administration to provide a little bit more time to make sure everything is going smoothly and correctly. So, all those in favor of approving the postponement of Bill 2 to the January 8, 2025 Council meeting,please say "aye." Vote on Motion to The motion to postpone Bill 2 to January 8, 2025,was Postpone: carried by the following voice vote: (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kimball, Onishi, and Chair Inaba—7. Noes: None. Absent: Council Members Kierkiewicz and Villegas —2. Excused: None. 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): Page 32 Hawaii County Council-2 December 18,2024 STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON BILL 219, The following individuals registered to speak and came forward when called by DRAFT 2 the Chair: (COMM. 1110.3): Kori Hisashima: In opposition. Renee Hill: In opposition. Cassi Keawe: In opposition. Bill 219: AMENDS SECTION 25-8-22 (PUNA DISTRICT ZONE MAP), ARTICLE 8, (Draft 2) CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE 1983 (2022-2024) (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, HAWAI`I, 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: Council Member Inaba(B/R) First Reading: November 20, 2024 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 219, Draft 2, on second and final reading. Seconded by Mr. Onishi. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MS. KIMBALL: Chair, if I may interject. I need to recuse myself from this item due to a potential conflict, so I won't be participating. CHR. INABA: Thank you. Sorry, Council Member Kimball. I forgot about that. Noted; Council Member Kimball will be recusing herself from this discussion and this vote. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. So far, this bill has been moving smoothly through. But there was a number of community members who showed up today as well as those who've provided written testimony against the project, and it is worthwhile to discuss why. I wanted to speak on behalf of the community. Is there a representative from the Planning Department here today? There we go, Mr. Darrow. Thank you for being here. What is your correct title, Mr. Darrow. Page 33 Hawaii County Council-2 December 18,2024 (Note: At this time, Acting Planning Director Jeffrey Darrow came forward to address the members of the Council.) MR. DARROW: Correct title at this time is Acting Planning Director. CHR. INABA: I would disagree. You are the Planning Director unless this Council changes it up. But you are the Director. MR. KANEALI`I-KLEINFELDER: Okay. We'll go with Acting Director Jeff Darrow. Thank you for being here. And maybe the land consultant, Mr. Arai, if you want to come up too. So, I just want to walk through the process a little bit because there's a number of different things that were presented, both letters from the applicant as well as what the community provided. So, we have a subdivision approval, a zoning change, there's also a concurrent EA (Environmental Assessment) running, and we have some concerns that were brought up by the community. So, I just want to walk through them real fast. So, in order for the facility to be built, does the zoning need to change from what is currently? MR. DARROW: I can answer that. Aloha, Vice Chair InabaI'm sorry. Starting off with a bang. Obviously, I'm nervous. Chair Inaba and Vice Chair Onishi, and all the new Council Members, congratulations. Jeff Darrow with the Planning Department. So, the zoning previous or the zoning proposed could accommodate for the proposed medical facility. The permitting would not be through zoning, it would be through a special permit. And so, whether it stayed in agricultural 20-acre or family-agricultural 1-acre, it's still in the state land use agricultural district which would allow for the submittal of a special permit. MR. KANEALI`I-KLEINFELDER: Okay. So, with Ag-20, they could provide the subdivision as requested whether with the facility or not or they have to have the zoning changed to Ag-1 to allow for the subdivision to occur? MR. DARROW: As mentioned by one of the testifiers, there was a subdivision under Subdivision Code Chapter 23-11, which I would have to look back at that, but it appears that they were applying a hospital for that particular subdivision. There's certain allowances in the Subdivision Code that allow for smaller lots when there are proposed types of structures, public type structures and right of ways and utilities. So, it appears that that was what was applied for the less than 20-acre subdivision. But moving forward, if that didn't happen, let's say that they didn't proceed with the 23-11 subdivision, then this proposed rezoning would change those lots to 1-acre or family-agricultural 1-acre. At that point they could come in and subdivide out seven acres, having seven one-acre lots. MR. KANEALI`I-KLEINFELDER: Okay. So, I'm just going to sum up that. Subdivision was already approved in the Planning Department, correct? MR. DARROW: Correct. Page 34 Hawaii County Council-2 December 18,2024 MR. KANEALI`I-KLEINFELDER: And Bill 219, if it didn't pass today, what would happen to the subdivision? MR. DARROW: If the proposed medical clinic goes forward and gets passed, it appears to still be applicable because it's for a public type facility. MR. KANEALI`I-KLEINFELDER: Okay. So, regardless of the zoning change, the subdivision can still occur and move forward? MR. DARROW: Correct. I can't speak to the intention if the proposed medical facility doesn't pass. At that point, an action would need to be taken to revert. MR. KANEALI`I-KLEINFELDER: Okay. Subdivision approval; what was the date of the approval? MR. DARROW: I'm sorry. I don't have that information with me. (Note: At this time, Land Use Consultant Daryn Arai came forward to address the members of the Council.) MR. ARAI: Good morning. Daryn Arai, Land Use Consultant assisting Graphic Images. Just to provide some clarity, I don't have the exact date of the subdivision approval. It was earlier part of this year. And as Director Darrow mentioned, it was approved under the public utilities and public facility requirements of the Subdivision Code. That subdivision occurred for a specific purpose. It was to allow for an opportunity if the medical center was successful in securing a special permit, these lands can be assigned to the Hilo Medical Center in order to pursue the construction of that project. But whether the existing agricultural 20-acre legacy zoning remains or the proposed FA-1 zoning is approved, that lot already exists and there is an encumbrance that would prohibit any other use aside from public purpose, meaning that they cannot carve it up and sold as individual residential lots. There's an encumbrance on the property that was required by the Planning Department in the approval in the public purpose subdivision. So, if the special permit for the medical clinic is not successful, then that lot can be assumed by the rezoning, should it be approved, and the 23-lot subdivision can move forward as currently proposed. If the rezoning is denied, then obviously, they cannot subdivide these properties. The property has to remain as one single property. The public purpose would then have no value unless another type of government facility is purposed on that property; on the seven-acre site that currently exists. So, there are two distinct processes going on here. The change of zone that's currently before you under Bill 219, Draft 2, is specific to a proposed 23-lot Page 35 Hawaii County Council-2 December 18,2024 subdivision, nothing more. There's a separate process—and I'm sorry, and the applicant Graphic Images Hawaii, all they're doing is saying, if you're interested, we have set aside these seven acres, possibly nine acres, for you to pursue this public purpose need. And if you're not successful, then fine. We will carry on with the 23-lot subdivision should Bill 219, Draft 2, be approved. So, two different purposed, two different processes. The concerns that you heard this morning in testimony and in communications presented to Council did not speak against the proposed rezoning and the development of the 23-lot subdivision. It was more focused on concerns associated with the proposed medical clinic. That has a separate process that they're currently undertaking, which is the draft environmental review process and eventually, when filed, a special permit hearing process before the Windward planning Commission. So, they will have opportunities to testify and provide comment and due process has not been compromised. MR. KANEALI`I-KLEINFELDER: When did the EA start, for the property? MR. ARAI: The publication occurred in October, I believe, or November and there was like a 30-day comment review period that ended December 6, if I remember correctly. And now, a final environmental assessment will have to be compiled by their representative and submitted to the Planning Department at which time, Director Darrow will decide whether or not to accept that document as the final environmental assessment and whether or not he will issue a finding of no significant impact. Only upon that conclusion of that review process can the applicant then prepare and submit a special permit application for the medical clinic. CHR. INABA: Thank you. And before we go further, I just want to make sure we are staying within the scope of the rezoning. I believe what you're discussing right now is not what we're here for regarding Bill 219. So, I want to make sure we're staying within the context of this bill. Thank you. Mr. Kaneali`i- Kleinfelder, please continue. MR. KANEALI`I-KLEINFELDER: Thank you. Okay. So, I'm seeing three different processes that interrelated but they all would affect the outcome of the property and the proposed facility and occurring in different areas. But, I mean, something that caught my attention as I read through the different documents that have been put in front of us is a letter from you, Mr. Arai, to the Council and it said, I'm going to summarize this sentence, second paragraph. Notice to surrounding property owners did not disclose the medical center. And that really does highlight to me, and I shortened that sentence down, but that is really that sentence in a very clear form that it did not disclose. And I think that's what I'm getting from the community is that they didn't know. And what's bugging me is, with a facility like this and its impact on the nature of the neighborhood—and I respect the developers is because what they'd build is beautiful and the Page 36 Hawaii County Council-2 December 18,2024 community is actually saying, "We love where we live." That's the first part of this subdivision that you've created in Ola Hou. The second piece that we're considering right now, which is both Bill 219, the EAs and the subdivision approval that's already happened, that is going to affect them as well. And so, I feel like there was a missed communication aspect of this where a subdivision approval happened, an EA was submitted, but not until the paper ran an article on November 14'', and then a letter arrives to the individuals in the community that says, by the way, we're looking at doing a proposed medical facility, that to me is concerning. And that's where we missed the opportunity to discuss with community what is coming and what they should expect as neighbors of this proposed facility. MR. ARAI: Is it okay if I respond? MR. KANEALI`I-KLEINFELDER: Yes,please. MR. ARAI: If you look at that same paragraph toward the bottom, I mention that we did not disclose a proposed medical center as it is not the subject of the change of zone request and it would be improper to present these proceedings as a proper forum to discuss the merits of the proposed medical center. And that speaks directly to what the Chair just mentioned regarding Bill 219, Draft 2. In the application itself, we did make a brief reference to the proposed subdivision and the proposed medical center and that was just trying to made a sense of disclosure. During Committee meetings, we also spoke about the proposed medical center. We felt it was improper because of the substance of Bill 219, Draft 2, to go any further into providing that level of detail. As I mentioned, this bill is just for a rezoning in the hopes that it will support the subdivision of the project site into 23 one-acre lots. CHR. INABA: Thank you, Mr. Arai. Mr. Kaneali`i-Kleinfelder, I'm going to give Vice Chair Onishi a chance now. Vice Chair Onishi, please go ahead. MR. ONISHL Thanks, Chair. I mean, that's what needed to be clarified, right, because they're getting confused where they're thinking that you folks are coming in also proposing that medical center working with the Benioff operations, right? But that's two separate. So, you're here now just to get the rezoning to have your project, but also there's a parcel that you folks are willing to, I guess, agree or to sell to the medical center to operate their facility. But they would have to come back to the County to get their approvals, right. But until then, nothing can be built, correct? MR. ARAI: Until the special permit is approved, the medical center cannot be constructed. Correct. Page 37 Hawaii County Council-2 December 18,2024 MR. ONISHL And then so, what sits in front us right now is basically what the developer, Graphics Hawaii, wants to do with their 23 lots, right. Now, if we do approve this today, does that portion that you folks have set aside, would that be included in this proposal? MR. ARAI: The seven acres currently set aside is part of the lands to be rezoned should Bill 219 be adopted. MR. ONISHL Okay. And then so, we approve that, you folks have that seven acres on the side, and if things don't work out with the medical center, then you folks still are the owners. MR. ARAI: Correct. MR. ONISHL Yeah. So, to ensure, I guess, the Council Members, during that special permit, if they come in front of us or in front of the County, will the Council have a say to it? Maybe Director or Acting Director? MR. DARROW: Thank you, Vice Chair. The special permit is approved through the Planning Commission. So, it would not come to the Council. MR. ONISHL So how could we assure the community that's next to this project that, I guess, as Council Members, we can help protect them on their concerns? MR. DARROW: The process includes a similar process as rezonings in regard to notification. It may not be as extensive as a rezoning notification, where it goes out 1,000 feet. But it will proceed 500 feet from the proposed project site out for notification purposes, and then, they have to post a sign. I'm sure that based on the fact that the surrounding property owners are aware of this with the recent news article of the release of the environmental assessment, they can participate with comments within that process. In the special permit process, they can also participate possibly in a contested case proceeding if they're very opposed to the project. So, there are avenues available for public participation through the special permit process. MR. ONISHL Okay. And then also, I guess Council Members, we could do a resolution on our part to the Windward Planning Commission that we could be opposed to this project, right, and that's where we could say as a Council, as a body, that we were against it and helping protecting the community over there, back there, yeah? And so, that's an option that we can do too, right, and that's how we can still get our voice. Mr. Arai, you have something? MR. ARAI: I'm just worried about separation of powers. Special permits by state law and by County rules assigns that authority solely to the Planning Commissions. Page 38 Hawaii County Council-2 December 18,2024 MR. ONISHL But it's just a reso. MR. ARAI: I understand. MR. ONISHL It's not binding by law, right. It's just a request. Maybe Corporation Counsel. CHR. INABA: Vice Chair Onishi, can you restate your question for the record, please? MR. ONISHL Judge Strance, so with the Council, if this project moves forward, after we pass this bill, if we pass this bill, and we move forward and then when it comes to, I guess, the proposed medical center, they have to go to the Windward Planning Commission, would the Council, the body, be able to do a resolution maybe not is support of this project. Is that possible? (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Elizabeth Strance, Corporation Counsel. Thank you for that question. The short answer is I'm not sure. You know, I hear the concern about separation of powers. And so, the authority appears to lie within the administration executive branch of government. And so, the propriety of the body to chime in as a body is the legal issue that's being raised. Whether the Council can assert itself saying that it's a policy issue MR. ONISHL Okay. What if the Council Members write our own personal, as a Council Member, to the Windward Planning Commission opposing this project or opposing the special permit? MS. STRANCE: Yeah. So, that's the issue of governmental function and whether it's something that the electorate would expect Council Members to chime in on. And so, you know, Council Member do periodically appear before the Planning Commission particularly involving projects within their districts to weigh in. But whether this body can or should weigh in, I think, is a different issue and something I wouldn't want to opine on off the cuff. So, we can prepare something for you, but I don't think that it answered the second part of your question, that you would be prohibited from raising a concern as an individual Council Member because I think the research that I've done on this is that, you know, there's a catchall about governmental functions and whether or not the electorate would expect their elected officials to weigh in on issues in this regard. And there's very little guidance for caselaw on that issue and the practice with this jurisdiction is to provide the Council Members with pretty broad authority to go in and weigh in on a whole host of issues that lie within the jurisdiction of the planning Commissions. Page 39 Hawaii County Council-2 December 18,2024 MR. ONISHL Okay. Well, I just want to see where maybe this body can assure the community that we're looking out for them too. You know, that's what I want to see. And I don't know if like, for me, I feel a resolution is not like a law. It's just like, I guess, giving our opinion or our comments on how we feel about that project. So, if we did as individuals or we did it as a whole, I don't see any difference. MS. STRANCE: I'd like to look into that a little bit more. I mean, you had a resolution earlier today on supporting state legislation, which arguably is outside of your authority but it's something that you're asserting on behalf of a kind of stated opinion by this body. And so, you know, I'm just hesitant to come in with a hard yes or a hard no on a question that I don't have a clear answer to. MR. ONISHL Okay. Well, the only thing is we have this bill in front of us, that's why. So, I would hate to postpone it, but I don't know if we can maybe shelf it to the end part and then you can go and try do some research within an hour or 30 minutes or so MS. STRANCE: Wow. You're a tough one. MR. ONISHL Yeah, cause I don't want to see them coming back. Even the community, I don't them, the neighbors to come back again, right. And so, we just want to get everything clear and so that way we can just move forward. MS. STRANCE: Understood. MR. ONISHL Thanks, Chair. CHR. INABA: Thank you. Council Member Villegas. MS. VILLEGAS: Yeah. Thank you, Judge Strance. And congratulations on your last day of enduring us and in your role; appreciate you and the guidance and patience and graciousness you've exhibited with all of us over this time. So, if and I'm just asking you to stay there so you can correct me if I'm wrong. Thank you, Council Member Onishi, for your recognition and determination and creativity in trying to find a path forward for the Council to reflect our hearing and support of your request, but also the balance of not holding up something we're already in second reading for. I find this really concerning that the neighbors found out; I read it in the newspaper and was like, what, when did this? And the fact that it's now attached to the legislation that we've already had two readings on is confusing to me. I do hear somebody saying it's not. But in the process of land use, zoning changes, planning, whatnot, there are a number of nuances that it can be stated they are separate. But in layman's terms and to the common person, they are not separate. They are a means to an end in a land use planning system that historically has Page 40 Hawaii County Council-2 December 18,2024 been in favor of people who own the property and have people they hire to help them navigate a system, which is fallible and has loopholes and I sit here and see a community that is literally begging for us, this is our last stand as a Council in my experience here for us to vote on something moving forward that has the potential to really negatively impact this neighborhood, and it feels a bit like a bait and switch. And so, I understand how you guys feel and the legal jargon can become overwhelming, and the I's and the T's can be swapped and whatnot, but to me, it comes back down to the value system of people that live on one-acre ag lots in a rural community having the potential, and historically when we say yes, it's going to go to the next line of series for a special permit. They're not going to say no if we say yes. Significantly in the history of all of these kinds of projects, very, very, rarely does it get a no if it passes through Council, whether or not it's connected or not. The people who serve on our Windward Planning Commission were nominated to serve there. Some of them are extremely qualified, some of them are just willing to participate in a really challenging system and sit there and make decisions. I won't be supporting this today because I believe that if we say yes, there's a probability and 90 percent chance that the medical center will get built here in this rural ag area and change an entire neighborhood. And hospitals and medical facilities are very needed on this island, but their placement is imperative and while it's wonderful that the developer would be willing to offer up this property, I also know that there's an extreme value to the property. So, as noble as that is, it's also a business opportunity. I just firmly believe that our authority and opportunity to devote on the behalf of the people is here today. And unfortunately, it's at second and final reading. I irony doesn't escape me that that's because it ended up in the newspaper and I'm grateful for that. West Hawaii doesn't have a newspaper reporter so there's a lot of things on the west side that we don't get exposure that I think would be helpful to community. So, I humbly will not be supporting this today and I ask my colleagues to take that into consideration, that this is the one time that it will be before us and if we have concerns about the community and the neighborhood that resides around this area, we question whether or not this is a proper potential placement for a major medical facility. I yield. CHR. INABA: Thank you. Further discussion on Bill 219, Draft 2? Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. Mr. Arai, when does the—and I'm sorry, Chair, but because these are all interlocked and we're having a general discussion. And I understand this is Bill 219, but there's a lot of components here that the community here is trying to understand that tie in together. So, I need to Page 41 Hawaii County Council-2 December 18,2024 ask some questions that aren't(Bill) 219 related but do relate to other things that are happening at the same time. CHR. INABA: But please just be mindful because I don't want us to be confused about what we are approving today, and that's whether we're going to grant rezoning that would allow for a 23-lot subdivision. MR. KANEALI`I-KLEINFELDER: Yup. CHR. INABA: Go ahead. MR. KANEALI`I-KLEINFELDER: Mr. Arai, when does the EA have its open period at the Planning Commission? Or when is the EA finished and done and then when will this hit the Planning Commission? MR. ARAI: The public comment period ended on December 6; I believe. So, it's closed. The consultant preparing the EA will deliver the final version that includes all of the comments received during that process to the Planning Department and at that point the Director will determine whether to issue a finding of no significant impact or whether additional processes need to occur under the environmental review process. Only upon completion of that process can a special permit application then be filed by Hilo Medical Center and that would then start the special permit process, which is about 90 days till hearing. MR. KANEALI`I-KLEINFELDER: Okay. So, relatively, estimated we're looking at summer of next year? MR. ARAI: You could see a filing as maybe early as March. I have to be careful. MR. KANEALI`I-KLEINFELDER: No, no. I'm just doing an estimate. I'm not going to hold you to that. MR. ARAI: I'm just guessing what they're doing. You know, so I would say maybe earliest is March. You may see a special permit application is everything tracks very, very expeditiously. MR. KANEALI`I-KLEINFELDER: Okay. And then just to really nail the point that we won't see this again. If this Bill 219 would pass, not pass, we have no part to play and understanding what Corporation Counsel is outside researching, we don't have a part to play in the EA or the Planning Commission hearings. That's separate from the County Council. CHR. INABA: Planning Director, if you could answer that question, please? MR. DARROW: That's correct. It'll just stay with the Planning Commission. Page 42 Hawaii County Council-2 December 18,2024 MR. KANEALI`I-KLEINFELDER: Okay. I have one last question. If 219 was not needed, then why is it in front of us? I'm trying to track this down. I'm a little confused. If we didn't need 219 to move forward with this subdivision, then why is it in front of us? MR. ARAI: 219 is specifically for a proposed 23-lot subdivision. That's it. It has nothing, as we mentioned and been stating, has nothing to do with the medical clinic. MR. KANEALI`I-KLEINFELDER: Okay. Let's take the medical facility off the plate. Can the subdivision proceed without the passage of Bill 219? MR. ARAI: No. MR. KANEALI`I-KLEINFELDER: Okay. That's what I thought, but I heard something different when we first started. Maybe I misunderstood. So, 219 is important because without 219 the subdivision can't happen although it's already been approved from the Planning Department through the subdivision process. MR. ARAI: I see where the confusion is. MR. KANEALI`I-KLEINFELDER: So, regardless of the medical facility, 219 is the carrier for both the subdivision and maybe the medical facility in the future? MR. ARAI: No. CHR. INABA: Director? Please. MR. DARROW: So, I think the confusion is with the 23-11 subdivision that occurred to break off that portion that was set aside for a potential hospital or medical facility. The remainder is everything is still zoned agricultural 20-acres. So, they cannot break them up into one-acre lots. They need the rezoning to be able to do the 23-lot subdivision. So, if, I mean, again, we're not getting into the weeds here, but even in the background recommendation that was provided to the Commission and the Council on Page 2, under the objectives, there was a clear direction regarding the relationship between the proposed rezoning, the future subdivision, and the medical clinic and it clearly stated that if that does not get approved then they were going to proceed and use that area as part of the subdivision for the 23 lots. MR. KANEALI`I-KLEINFELDER: Okay. Thank you. MR. DARROW: Thank you. MR. KANEALI`I-KLEINFELDER: So, this is where I'm at. The community is concerned. I like Ola Hou. It's beautiful. It's a very nice subdivision. Everyone Page 43 Hawaii County Council-2 December 18,2024 I know who lives there likes the subdivision. You have access to Kea`au; you have access to Nawahikalani`opu`u. It's a beautifully laid out area and the nature of the neighborhood is beautiful. I believe the medical facility will impact that nature of the neighborhood and you have some obvious concern from the community. They do not feel like they've been in the know about what's happening, whether or not it's been put out, whether or not it's been noticed appropriately. I'm not questioning your process, I'm just saying as of right now, I can see there's a disconnect. Medical facilities are needed, but I like the statement, maybe not in the subdivision. So, I don't want to kill this bill because I understand this bill needs to happen for the subdivision to happen and we need more housing and we need more lots, and I think this is perfect for the one-acre lots that we talked about. The medical facility is offering some concern. So, because we have more components of this rolling in different areas outside of our purview, I would like to ask the Council today to postpone this;perhaps that gives you time to talk with community. We can't go anywhere right now because we have things working outside of the Council. I'm not saying no today, but I am asking for time for you folks to reach out to community, have the discussions and nail down how you want to proceed. I think it could've been done better. So I'm going to be requesting a postponement from this body. I would like to know if there's a date that you would be interested in seeing this pushed until. I don't want to hold up the development. I like where you folks are heading, but I think we have to alleviate the community concern that has arisen. CHR. INABA: Thank you. If you could just think about that and we're going to go on to the next, Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. So sorry, I feel like we're beating a dead horse here, but just want to be very clear. If we say no to the 23 lots for the subdivision, can the special use permit for the medical center still proceed in its own arena? MR. DARROW: Yes. MS. KAGIWADA: Okay. That's what I thought. So, it does not matter what we do for these 23 lots, has not bearing on if the medical clinic, medical center thing can proceed or not? MR. DARROW: Correct. MS. KAGIWADA: Okay. So, in that case, it sounds to me like there's no objections to these 23 lots. I'm very much in favor of not postponing this but passing this today. I would be supportive because that has nothing to do with stopping or allowing a medical clinic to be developed. Correct? Page 44 Hawaii County Council-2 December 18,2024 MR. DARROW: Correct. MS. KAGIWADA: Okay. Thank you. And I just want to point out that at our last meeting we had this report from the Planning Commission, and it very clearly states in there that there's a portion of the rezone area, Parcel 81, as the site for a proposed medical clinic. This is not the first time that we as a body is hearing about this. We did hear about it; we talked about it. That was the reason that Council Member Kimball recused herself. We definitely talked about it last time. It did not, I think, resonate in the way that it's resonating now because we hadn't heard from the public about that specific issue. But I do want to be clear that it was talking about, and we did know about it. It wasn't sprung on us, but I can hear that it felt like it was sprung on the public. So, that's a different thing. But to me, these are two separate things and if the Council Members that, you know, represent those district could do a really good job at getting information to the public as the potential clinic goes forward, I think that there's a way to support your communities of getting involved and having their voices heard. So, that would just be my thoughts on this. I'm happy to support the rezone in order for them to do the 23-acre lot development. Thank you. CHR. INABA: Thank you. Vice Chair Onishi. MR. ONISHL Thank you, Chair. So, Mr. Arai, this project is like twenty- something acres; correct? 26 acres? MR. ARAI: The parcel itself is just over 26 acres. The subdivision will consist of 23 lots, one-acre lots. MR. ONISHL So, that's going to take 23 acres of the 26? MR. ARAI: For the lots, the rest of it is just roadway systems. MR. ONISHL Right. And so, that separation of that other piece of property, that is another seven acres? MR. ARAI: No. It's actually a portion. MR. ONISHL Of that 26? MR. ARAI: Right. So, you have a little over 26 acres. They're setting aside seven to nine acres, which would drop the balance of the 26 acre parcel to like 17 lots. MR. ONISHL So if we, the Council, the body, says we want you folks to build the 23 lots and we approve that, is that okay? Page 45 Hawaii County Council-2 December 18,2024 MR. ARAI: The zoning is doing exactly that. By approving the zoning, you're affirming that this 23-lot subdivision is the right project in the right area. MR. ONISHL Correct. And then that way you folks would have maybe another two and a half acres, because you've got to have roadways and so forth, right? So, that's going to take some of the 26, correct? MR. ARAI: The roadways, yes. MR. ONISHL Okay. And so, I don't think like what we heard before of that seven-something acres that was supposed to be the proposed site for that other place, I don't think we'll be able to do it. And so, like if we do approve this bill and having them stick to the 23 lots, that would be 23 acres of land that's going to be used plus the roadways and so forth. So, they might be using like 24 acres and that leaves like maybe two point something acres left, correct? MR. ARAI: Because the project site encumbered by this rezoning request is a little over 26 acres, if Hilo Medical Center is successful in getting a special permit for the clinic, they would then consume about seven to maybe nine acres of the total 26-acre project site. That would leave a balance of like 15 to 16 MR. ONISHL Right. I understand that. MR. ARAI: And then whatever lots they can carve out from that balance, you know, is all that— MR. ONISHL Ms. Kagiwada had mentioned earlier, okay, this bill is for 23 lots, one-acre size, in front of us? MR. ARAI: That is the proposal for the entire MR. ONISHL Right. And if we pass that, you guys are going to be allowed up to 23 lots to build? MR. ARAI: The zoning is more of a function of minimum lot size. So, all it's saying is that you can carve out the land into lots no less than one acre. MR. ONISHL Correct. MR. ARAI: How many lots you can carve out with whatever piece of land you have, that's all you can do. MR. ONISHL Yeah, I understand. But your proposal to us is you want 23 lots. MR. ARAI: Right. For the entire project site. Page 46 Hawaii County Council-2 December 18,2024 MR. ONISHL That's what you guys are telling us. And that' what we're going to be approving, right. MR. ARAI: Right. MR. ONISHL That you folks saying, we want to sell 23 lots. MR. ARAI: Correct. MR. ONISHL Correct. And so, anything else it's whatever, but you folks are saying we're going to have 23 lots, right? MR. ARAI: Yes. That is the purpose of the rezoning. MR. ONISHL Okay. I mean, to me, it's like Ms. Kagiwada mentioned, that's what we are here for is the 23 lots, right? And then you folks are going to be obligated to the 23 lots if we pass this, no? CHR. INABA: Director? MR. DARROW: Thank you, Chair. As Daryn was mentioning, you folks are approving the zoning. Whether or not they utilize the zoning to create one-acre lots or not, that's the ability; that's going to be the outcome of the subdivision. If the medical facility gets approved, that will not be subdivided. It'll just remain one lot. Whether it's nine or seven acres, the remainder of the land left will be broken up. MR. ONISHL Okay. MR. DARROW: So, there's nothing in the zoning ordinance that I'm aware says you have to do 23 lots. MR. ONISHL Okay. So, can we put a condition? MR. DARROW: Betsy? MR. ONISHL I mean, this would help the Council Members, right, knowing that it will help with their decisions. CHR. INABA: Corporation Council, I think the question being asked right now is whether a condition can be added to a change of zone ordinance that forces a proposed use. There's multiple uses within a zoning type. I think I know the answer, but if you can come and state it on the record. MS. STRANCE: Good afternoon; morning. Elizabeth Strance, Corporation Counsel. A condition of zoning would have to bear some nexus and Page 47 Hawaii County Council-2 December 18,2024 proportionality to what's before you. What I've heard today is the desire that this County has to restrict a use on this property is not tied to the rezone because that special permit process is already available to the lot. And so, by tying a restriction like that to the rezoning, there isn't really a connection between what you folks are seeking to do and the rezone. You have a larger and different issue about the type of use within the type of zoning, but it's already permitted within this zoning regardless of the bill before you. And so, the proposal doesn't really make sense and could be subject to challenge. MR. ONISHL Okay. Thank you. Mr. Arai, so hearing from the Council Members that seems like they want to postpone it or they're not going to support it. I mean, how would you folks be able to satisfy their concerns? MR. ARAI: The concerns are one of maybe better communication with the community members. That's what I'm hearing. The concern I have is that so much of it revolves around the medical clinic and it's something that the applicant, Graphic Images, cannot really speak directly to because they're not the ones proposing the medical clinic. It's Hilo Benioff Medical Center. So, we just don't see how postponement of the bill can help facilitate that discussion because that discussion will hopefully occur by Hilo Benioff Medical Center when it goes through the whole special permit process. You know, and if Council Members are able to find an opportunity where individually they can participate in the comment process as part of the special permit, you know, maybe that's an opportunity there. But we are of the position is Graphic Images Hawaii was simply providing an opportunity. And they thought it would be helpful, you know, for the broader community at least giving Hilo Benioff Medical Center the opportunity to look at this property to see if it's the right location for a medical facility. That's all that Graphic Images Hawaii provided;just an opportunity. They're not making a promise that it will happen, they're simply saying, if you can make it work, here it is. Have at it. CHR. INABA: Thank you, Mr. Arai. MR. ARAI: Yeah, sorry. CHR. INABA: Alright. I'm going to try and wrap this up. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Okay. I'm just going to—cause it's the holidays. Okay. I'm not opposed to subdivision. The community has spoken and it's our j ob to listen to community. I think that a postponement will be good. It's not saying no to the project. It doesn't put you off that far if you look at it two weeks to a month, it gives you time to reach out to them. There's been no output from the Benioff Medical facility to date about what they're doing. We have an Page 48 Hawaii County Council-2 December 18,2024 impending Windward Planning Commission meeting coming. So, if you're open to the idea of postponing, it walks us into the new year, gets us through Christmas; it allows everyone to have their holiday; takes the stress off, we work on this in the new year and we start this off fresh at that point. And I cannot speak high enough of the Ola Hou subdivision. It's beautiful. But I think there might be some room for listening to community as well as tying in the Benioff Medical facility to the discussion and having a broader discussion with everyone and seeing what the thoughts are in January. Are you open to that? MR. ARAI: Can I take just a moment to confirm with the applicant? MR. KANEALI`I-KLEINFELDER: Yes,please. CHR. INABA: Sure. And before we do entertain a motion for that, I'll spiel on Bill 219 as it's before us. Just wondering what the plans are to meet the affordable housing requirements of this bill. I believe it's a 4.6 credits there going to be required there, so how do you folks intend to meet that? MR. ARAI: I know we had this discussion briefly. Right now there's nothing really on the table on how to satisfy. We also were well aware that Council was considering amendments to Chapter 11, so we sort of like kept that open knowing that whatever is put into place when the subdivision for this project proceeds forward, at that time they'll simply have to comply with whatever requirements are in place. CHR. INABA: Is that true, Corporation Counsel, where my understanding is that the current Chapter 11 would apply because that's what we passed this ordinance on the current Chapter 11. So, it wouldn't be what Chapter 11 is at the time of subdivision approval. Or Director, if you have anything to add there. MR. DARROW: I would believe that it would apply to the condition that is approved in the ordinance. CHR. INABA: Meaning that it would be the Chapter 11 at the time the ordinance was passed? MR. DARROW: Not the current. Yes. CHR. INABA: Thank you. Alright. So, no plans right now or commitment to a certain avenue of meeting that affordable housing requirement. MR. ARAI: With that information that was just shared, I'm well aware that there's a lack of credits available in the east side. So, that kind of limits those opportunities. Again, because I had a different impression of how Chapter 11 can apply, you know, we didn't have that discussion. Page 49 Hawaii County Council-2 December 18,2024 CHR. INABA: Okay. Also, I'm trying to understand. In the case of this separate process that's going on, we have a final subdivision approval within ten years for this specific ordinance if approved. How does that work if the medical center process does end up going through; does this zoning would then be revoked in ten years because the conditions of this change of zone would not have been met because this medical facility is there, but the subdivision didn't occur. How does that play out? MR. DARROW: So, the overall project is much larger than, not much larger but it's larger than the proposed medical facility area. So, they will be required to meet the conditions of the ordinance relative to the area they're going to subdividing. CHR. INABA: Okay. Thank you. Just want to point that out, you know, this Council has made policy decisions regarding change of zone and making sure that conditions are met or it's automatic reversion. And if extensions are needed, it will come before this Council moving forward. So, I want to make sure that the developers are clearly aware of that, if this is to pass. I'm in support of this bill. I clearly hear what community is saying and we'll reach out. You know, we can talk story about how that special permit process would work before the Windward Planning Commission. But this is a separate application, and I do support a 23-lot subdivision as proposed here. What's being proposed elsewhere, we can take up and happy to work with you folks on that. So, I'll be in support. I'd prefer to take this up today, but if you'd like to make a motion, Council Member Kaneali`i- Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Just a point of information, we have Hilo meetings January 8 h or February 5 h? MR. ARAI: Council Member Kaneali`i-Kleinfelder, the applicant has stated that if that's the direction the Council decides, they would be amenable to a January meeting as a preference. MR. KANEALI`I-KLEINFELDER: Thank you much, Mr. Arai. Then, to the body, I'm going to propose a postponement for Bill 219, Draft 2, to the January 8 h Council meeting. Motion to Postpone: Mr. Kaneali`i-Kleinfelder moved to postpone Bill 219, Draft 2, to January 8, 2025. Seconded by Ms. Villegas. CHR. INABA: Discussion on the postponement? Council Member Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: Yes, actually. CHR. INABA: Okay. Go ahead. Page 50 Hawaii County Council-2 December 18,2024 MR. KANEALI`I-KLEINFELDER: This really is just time for us to discuss with community. I think it's been clear today that did not happen. I'm not blaming anyone; I'm just saying that's what I've heard today. And with that, it is pono for us to actually sit down and have the conversation and include the Benioff facility and include everyone in the conversation so we can really get a feel for what everyone's looking for. These are the folks who bought into the subdivision in Phase 1 and want to continue living there and appreciate what's been done by the developers to date and aren't opposed to Bill 219. They just want the ability to sit down and talk about what they're community looks like in the future. So, therefore the postponement. So, thank you for being amenable to the idea. CHR. INABA: On the postponement, Council Member Kagiwada then Council Member Villegas. MS. KAGIWADA: Thank you. I guess I'm stillI disagree that the discussion needs to happen with the Benioff Medical Center for this bill, Bill 219. I was very clear to me that this is completely separate. If the community or you feel the community has issues with the 23 lots, then that's one thing. But I've never heard that really brought up in any of the testimony. So, I'm, I guess, opposed to the postponement at this time. Thank you. CHR. INABA: Thank you. Council Member Villegas. MS. VILLEGAS: Yeah. I respect and I understand, and I see that delineation from a legal standpoint, but I think holistically, it is connected because it's an overall experience of a community and there's opportunity to sit and establish trust. And unfortunately, with government and private and public enterprise and nonprofit worlds even, it's something more sorely lacking. And so, the opportunity sit down and have the conversation face to face, and we know here on the Big Island, you're only as good as your word; and your work is only as good as your last job. And so, the fact that the community has asked for a pause and is looking for some confirmation and some greater understanding of the long-term plan, I'm willing to support the postponement today because I think there is wisdom in that. We're going through the holidays, and I don't see an immediate need for a rush to push this through. So, I feel that there's wisdom in taking that pause and allowing those conversations to happen and allowing also the medical facility management team or planners to hear the concerns from the community. The Benioff's have been incredibly generous and gracious to us on the Big Island, and we know how much need there is for medical help. We also have the need for housing and affordable housing lots. I just have a lot of concerns, so I believe there is wisdom, and it does more good than harm than to take that pause. There is no down side to taking the pause and allowing the conversations to happen to remediate some issues and allow for Page 51 Hawaii County Council-2 December 18,2024 whether or not it's Chair Inaba or Council Member Kaneali`i-Kleinfelder, because this is in his district, but to all sit down together so that moving forward, the subdivision could be something that could be celebrated and if or when or how a medical facility goes in, that could also be celebrated instead of feeling contentious. So, that's my mana`o for today. I yield. CHR. INABA: Thank you. Any further discussion on the postponement? Roll call vote, please. Vote on Motion to The motion to postpone Bill 219, Draft 2, to Postpone: January 8, 2025, failed by the following roll call vote: Failed Ayes: Council Members Kaneali`i-Kleinfelder and Villegas —2. Noes: Council Members Galimba, Hustace, Kagiwada, Onishi, and Chair Inaba—5. Absent: Council Member Kierkiewicz— 1. Excused: Council Member Kimball — 1. CHR. INABA: Thank you. Back to the main motion. Any further discussion? Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. Okay. That's that. So, to the community, I urge you to express yourselves to the appropriate bodies and departments. I do appreciate you coming in to voice your concerns today and participating in the process. Although today may not seem like the outcome you were looking for, it is now up to you on how you'd like to proceed. And to the body, I would just urge you not to forget to listen to community when they come in to express their interest. And then I really do have to just hone back in one more time because I think there is some confusion about what this bill does. Without the bill, there can be no subdivision. The Ag-1 zoning allows for the subdivision as a whole. The A-1 zoning change allows for the medical facility, allows for all of this to happen. We don't know what's going to happen in the future and that is just where we stand with this bill, and I've heard it three different ways from different members of the Council and it's confusing for community. So, at this point, we'll let it ride. But thank you for having the conversation today; appreciate it. Thank you for coming in to express yourselves. Thank you. CHR. INABA: Council Member Galimba. MS. GALIMBA: Thank you. Just following on Council Member Kaneali`i- Kleinfelder's remarks. I do think although these issues are separate, I think it's also been very helpful for the community to come in and raise their issues even though it's not directly related legally to what we're talking about today. It's very Page 52 Hawaii County Council-2 December 18,2024 good that they got this onto our table and on our yeah, that's the word, thank you; radar. So, thank you for coming out. But yes, if you look at it, we are just approving a 23-lot FA-1 (Family Agricultural) subdivision, which is appropriate for that location. So, that is my—I yield. CHR. INABA: Thank you. Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. Yes, I do want to also thank the testifiers and just say that even though we're not delaying this particular bill, I think that you can totally expect from your representatives up here that they will still follow through with the idea of pulling together, you know, the interested parties including letting you hear directly from the Hilo Benioff Medical Center. You know, there's no reason that what was talked about cannot happen still. You should still get all the information you need going forward especially around the medical clinic, so I hope that does happen for you. I yield. CHR. INABA: Thank you. With that, yes, I would be happy to meet with any of you to further discuss the intricacies of this. I think it's to the benefit of everyone to pass this today and start separating clearly the issues and we can focus on the discussion at the Windward Planning Commission and how those proceedings will work. With that, a roll call vote,please, on Bill 219, Draft 2. Vote on Bill 219: The motion to pass Bill 219, Draft 2, on second and final Draft 2 reading was carried by the following roll call vote: (Adopted) Ayes: Council Members Galimba, Hustace, Kagiwada, Onishi, and Chair Inaba—5. Noes: Council Member Villegas — 1. Absent: Council Members Kaneali`i-Kleinfelder and Kierkiewicz—2. Excused: Council Member Kimball — 1. CHR. INABA: Thank you. With that, I'll be reaching out to you folks, Mr. Arai, to make sure that we have this conversation with community. MR. ARAI: Please do. CHR. INABA: Next order of business, please. Page 53 Hawaii County Council-2 December 18,2024 Bill 220: AMENDS SECTION 25-8-6 (KAILUA-HONALO URBAN ZONE MAP), (2022-2024) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I 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, HAWAI`I, 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: Council Member Inaba(B/R) First Reading: November 20, 2024 Vote on Bill 220: Ms. Villegas moved to pass Bill 220 on second and final (Adopted) reading. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kimball, Onishi, Villegas, and Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Kierkiewicz—2. Excused: None. CHR. INABA: You can read the two next ones in together. Bill 221: REPEALS ORDINANCE NO. 10-1, WHICH AMENDED THE STATE LAND (2022-2024) USE BOUNDARIES MAP FOR THE COUNTY OF HAWAI`I BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT KAHULUI 2ND, NORTH KONA, HAWAI`I, COVERED BY TAX MAP KEY: 7-5-017:042 Reference: Comm. 1124 Intr. by: Council Member Inaba(B/R) First Reading: November 20, 2024 Page 54 Hawaii County Council-2 December 18,2024 Vote on Bill 221: Ms. Villegas moved to pass Bill 221 on second and final (Adopted) reading. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kimball, Onishi, Villegas, and Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Kierkiewicz—2. Excused: None. Bill 222: REPEALS ORDINANCE NO. 10-2, WHICH AMENDED SECTION 25-8-3 (2022-2024) (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I 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, HAWAI`I, 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: Council Member Inaba(B/R) First Reading: November 20, 2024 Vote on Bill 222: Ms. Villegas moved to pass Bill 222 on second and final (Adopted) reading. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kimball, Onishi, Villegas, and Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Kierkiewicz—2. Excused: None. CHR. INABA: Referrals for executive session. REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: Page 55 Hawaii County Council-2 December 18,2024 Comm. 2: BARRY G. R. BERG V. COUNTY OF HAWAI`I From Deputy Corporation Counsel Ryan K. Thomas dated November 14, 2024, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter. Motion to Close Ms. Kimball moved to close file on Comm. 2. Seconded by File: Ms. Kagiwada. Motion to Concur: Ms. Kimball moved to concur with the recommendation of Corporation Counsel regarding Comm. 2. Seconded by Ms. Kagiwada. CHR. INABA: Any discussion? MS. KIMBALL: Yeah. I've reviewed the confidential information that was provided to us and agree with Corporation Counsel's recommendation, so I see no need to go into executive session for further discussion. Thank you. CHR. INABA: Thank you. Any further discussion? MS. VILLEGAS: I CHR. INABA: Council Member Villegas. MS. VILLEGAS: Yeah. I agree. After having reviewed it, I also concur. I just believe that the wisest decision is to go with the recommendation. I yield. CHR. INABA: Thank you. Seeing no further discussion, all those in favor of closing file on Communication 2 and approving the recommendation of Corporation Counsel in this case number, please say "aye." Vote on Motion to The motion to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 2 was carried by the (Approved) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kimball, Onishi, Villegas, and Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Kierkiewicz—2. Excused: None. ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. Page 56 Hawaii County Council-2 December 18,2024 CHR. INABA: Before we adjourn, Corporation Counsel, can you come forward please? Just wanted to take this opportunity as a body, on behalf of all of our constituents and the County as a whole, Corporation Counsel Elizabeth Strance has served our County for the last four years, appointed by Mayor(Mitch) Roth, confirmed by two Councils ago. But we just want to give you our mahalo and our aloha and wish you the best in your next endeavors, and just thank you again for your commitment to the people of this County. I'm going to just give the opportunity. Council Member Kagiwada. MS. KAGIWADA: Thank you so much. Judge Strance, really, your wise thoughtful input for us has been very valuable and I really thank you from the bottom of my heart for all your support over the time you've been here in the time that I've been here that I've been able to work with you. So, thank you so much. I really, really do appreciate it. CHR. INABA: Any final words? (At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Elizabeth Strance, Corporation Counsel. Very rarely am I speechless in front of you folks. You know, it's been a real honor and privilege to serve you folks. You know, as a young college student, there was a time where I thought, should I go towards policy and politics or law. To be honest, I chose correctly going into law, but not for reasons that you might think. Over the last four years, my respect for the work that you folks do has exploded. You know, you don't have easy jobs and it's been a pleasure, a challenge. You know,just so many words that I don't well express to be able to serve the community I love in this way to do my best to support the work that you folks do and the work that the County does, it's just been an immense pleasure. You know, the concept of change is really baked into our political system of government, and it's just been an amazing process to watch how that takes place every two years and now every four years. And I've had the honor to serve this community in a couple of different capacities and I've just been really and truly grateful. And I just really want to thank all of you for the opportunity to have worked with you. I've worked with an amazing group of attorneys, who you will continue to be working with. And, you know, with the change in administration, there's new opportunities and challenges that I look forward to hearing about for all of you. But just thank you so, so much for the opportunity to have worked with you. CHR. INABA: Thank you, Corporation Counsel. MS. VILLEGAS: Just real fast. Betsy, it's been a joy. You know, the laughter, the tears, the humor, the frustrations, the commiseration, the validation, and the Page 57 Hawaii County Council-2 December 18,2024 connection that we've shared both personally and professionally, and as mothers with children who are very close to the same age, I just cherish each and every one of those encounters and look forward to seeing you around Kona and to continuing our relationship and not having it cluttered with the stresses of these roles. But I just will always look forward to seeing you and giving you a big hug and an opportunity to laugh and catch up on how our families are doing. And I'm grateful also that through Manu and, you know,we're all connected. There's never more than a half a degree of separation and it' keeps us accountable; it keeps us aware, and it keeps us supporting one another. So,just know that I'm always here for you. And congratulations, yeah, you're like, peace out. CHR. INABA: Thank you, Council Member Villegas. With that, again mahalo, Corporation Counsel. This brings us to the end of our agenda. This meeting is adjourned at 11:47 a.m., and we wish all of you a happy holidays. We'll see you next year. ADJOURN- There being no further business, Chair Inaba adjourned the meeting at 11:47 a.m. MENT: Council Approval: FEB 0 5 2025 RK JH/tk Page 58