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HomeMy WebLinkAboutMIN COUNCIL 2025-01-08 2024-2026 Hawaii County Council 3`'d Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii January 8, 2025 INVOCATION: Pastor Dion K. Maeda of Connect Point Church CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:04 a.m., in the Council Chambers, Hilo, by Mr. Holeka Goro Inaba, Chair. ROLL CALL: Present: Mr. Holeka Goro Inaba, Chair Mr. Dennis "Fresh" Onishi, Vice Chair Ms. Michelle M. Galimba, Member Mr. James E. Hustace, Member Ms. Jenn Kagiwada, Member Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member Ms. Rebecca Villegas, Member Absent& Excused: Ms. Heather L. Kimball, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Mr. Henricks led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (There were none.) EXPRESSIONS OF CONDOLENCE: STATEMENTS The 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: (There were none.) Hawaii County Council-3 January 8,2025 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 November 20, 2024, were approved. ORDER OF The Chair directed the Committee to proceed to the next order of RESOLUTIONS: business, Order of 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, May 15, and December 18, 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's a motion on the floor currently. There was some discussion that we previously had around this resolution. Going to call on Assistant Corporation Counsel J Yoshimoto if there's anything you'd like to add before we have discussion. (Note: At this time, Assistant Corporation Counsel J Yoshimoto came forward to address the members of the Council.) MR. YOSHIMOTO: Good morning everyone, good morning Chairman. J Yoshimoto, Assistant Corporation Counsel. At this time, the concerns that were raised by our office have been addressed by the Title Report. So, short story is, we're good to go. Page 2 Hawaii County Council-3 January 8,2025 CHR. INABA: Okay, thank you so much, Assistant Corporation Counsel. Seeing no further discussion, all those in favor. Oh, sorry, Council Member Villegas, go ahead. MS. VILLEGAS: Thank you. I just wanted to check in and ensure that communication has been had with the parry who prior thought that they were in charge or those parking spots. MR. YOSHIMOTO: I have no personal knowledge that that was done. That would probably be something that I can follow-up with. MS. VILLEGAS: With the Bougainvillea Plaza? MR. YOSHIMOTO: Yeah. MS. VILLEGAS: Because this had been parking associated with their building, and where that puts them being short of required parking and just how that's going to move forward. MR. YOSHIMOTO: Okay, so, I'll follow-up with that. MS. VILLAGES: Thank you, appreciate it. I yield. CHR. INABA: Okay, seeing no further discussion, all those in favor or approving Resolution 442-24, please say "aye." Any opposed? Vote on Res. 442-24: The motion to adopt Res. 442-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. CHR. INABA: Resolution 442-24 is adopted. Page 3 Hawaii County Council-3 January 8,2025 Res. 34-25: 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 BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR THE PURCHASE OF CITRIC ACID TO CONTROL COQUI FROGS IN COUNCIL DISTRICT 8 Transfers $5,346 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 43 Intr. by: Council Member Inaba Motion to Approve: Ms. Kierkiewicz moved to recommend adoption of Res. 34-25. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. INABA: This is for the citric acid; the fight goes on in District 8. So ask for your support. All in favor of adopting Resolution 34-25, please say "aye." Vote on Res. 34-25: The motion to adopt Res. 34-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. CHR. INABA: Resolution 34-25 is approved. Res. 35-25: 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 ANNUAL KWXX HO`OLAULE`A Transfers $6,500 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 54 Intr. by: Council Member Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to recommend adoption of Res. 35-25. Seconded by Ms. Kagiwada. Page 4 Hawaii County Council-3 January 8,2025 MR. KANEALI`I-KLEINFELDER: Thank you, Chair. January 18 is the Ho`olaule`a. Looking forward to it. Look for everyone's support on this resolution. Just want to recognize Chris Leonard and Kathy Leonard, both outstanding community members on the Big Island. But they really do a lot for our community, and this event is huge. So, look for everyone's support. Thank you. CHR. INABA: Thank you. Any further discussion? Seeing none, all those in favor or adopting Resolution 35-25,please say "aye." Any opposed? Vote on Res. 35-25: The motion to adopt Res. 35-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. CHR. INABA: Resolution 35-25 is adopted. Res. 36-25: 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 FOR THE 28TH ANNUAL KWXX HO`OLAULE`A Transfers $5,240 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 55 Intr. by: Council Member Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 36-25. Seconded by Ms. Kagiwada. CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. I echo the sentiments and praise offered by my colleague, Council Member Kaneali`i-Kleinfelder. The Ho`olaule`a is something that I remember attending when I was growing up. So, it's wonderful that many of us are able to share this with our children. Page 5 Hawaii County Council-3 January 8,2025 Gratitude to Kathy and Chris Leonard for all of their selflessness in organizing this event. It is sure to be such a delightful lineup next weekend. So, hope to see everybody there. Looking for everyone's support. Thank you. CHR. INABA: Mahalo. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I wanted to mention as well, I forgot during my resolution, that Breeani from Hawaii Rise. I just wanted to thank her for helping us move the funds from County to Chris folks, and I didn't mention that in my resolution. So, wanted to make sure I got that note out to her. Thank you, Breeani. CHR. INABA: Thank you, Council Member Kaneali`i-Kleinfelder. Also, mahalo to our Police Department for working to provide a safe place, and just a reminder that the event is an alcohol, drug-free event in our streets here in Hilo. So, with that, all those in favor of adopting Resolution 36-25, please say "aye." Any opposed? Vote on Res. 36-25: The motion to adopt Res. 36-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. CHR. INABA: Resolution 36-25 is adopted. Res. 37-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIRD AND BEE HAWAI`I ANIMAL SANCTUARY TO SUPPORT ITS HONEY BEE EDUCATION PROGRAM Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 56 Intr. by: Council Member Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 37-25. Seconded by Mr. Hustace. Page 6 Hawaii County Council-3 January 8,2025 MS. KIERKIEWICZ: Chair, everybody knows I'm a big fan and supporter of our beekeepers and the bee population. This is some grant funding to allow for community outreach,pop-ups at different marketplaces, and virtual programing for folks that are interested in scaling up their bee operations. So, a lot of thanks to Susan Collins for coordinating local beekeepers in this effort. Looking for everyone's support. Thank you. CHR. INABA: Thank you. With that, all those in favor of adopting Resolution 37-25, please say "aye." Any opposed? Vote on Res. 37-25: The motion to adopt Res. 37-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. CHR. INABA: Resolution 37-25 is adopted. Res. 38-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO OCEAN VIEW SKATEPARK ASSOCIATION TO PURCHASE SUPPLIES AND EQUIPMENT TO CONSTRUCT A DISC GOLF COURSE AT KAHUKU PARK Transfers $11,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 57 Intr. by: Council Member Galimba Motion to Approve: Ms. Galimba moved to adopt Res. 38-25. Seconded by Ms. Kagiwada. CHR. INABA: Council Member Galimba. MS. GALIMBA: Thank you. This is the Skatepark Association. But it takes so long to create a skatepark that they are wanting to provide something for the community in the meantime. So, they're going to be constructing a Disc Golf Course in our County park there is Ocean View. So, looking for my colleagues' support on this. Thank you. Page 7 Hawaii County Council-3 January 8,2025 CHR. INABA: Thank you. Council Member Kagiwada. MS. KAGIWADA: Thanks. Happy to support. I have a nephew who is very into disc golf and will be very excited to know that there's going to be one down in the Southern part of the island. So, very exciting, and you know, it doesn't take a lot to set these courses up, and they can be done in a lot of different places. And it's a really nice way to do something that doesn't take over a space necessarily, but just uses an already existing space that might not being used. So, I think it's really cool. I think it's great that you had to explain in the resolution what exactly this is, because a lot of people don't know about it yet. But very good and happy to support. MS. GALIMBA: Thanks. I didn't know what it was when I started either. CHR. INABA: Thank you. Any further discussion? Seeing none, all those in favor of adopting Resolution 38-25,please say "aye." Any opposed? Vote on Res. 38-25: The motion to adopt Res. 38-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. CHR. INABA: Resolution 38-25 is adopted. Res. 39-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO ACTION 4 ANIMALS HAWAI`I TO SUPPORT ITS REHOMING AND ADOPTION PROGRAMS FOR AT-RISK ANIMALS ON HAWAI`I ISLAND Transfers $5,212 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 58 Intr. by: Council Member Galimba Page 8 Hawaii County Council-3 January 8,2025 Motion to Approve: Ms. Galimba moved to adopt Res. 39-25. Seconded by Ms. Villegas. CHR. INABA: Council Member Galimba. MS. GALIMBA: Thank you. So, this is some funding to support one of the nonprofits that are part of our ecosystem that we are trying to rebuild to help with our abandoned animal issues on this island. There's a handout in your blue folder(see Comm. 58.1) describing some of the incredible work that they are doing, helping with rehoming animals and finding foster homes for animals. And I just want to thank Action 4 Animals and all the other nonprofits that are working so hard to address this issue and ask for my colleagues' support. CHR. INABA: Thank you. Any further discussion? Seeing none, all those in favor of adopting Resolution 39-25,please say "aye." Any opposed? Vote on Res. 39-25: The motion to adopt Res. 39-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. CHR. INABA: Resolution 39-25 is adopted. Res. 40-25: 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 1); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 59 Intr. by: Council Member Kimball Page 9 Hawaii County Council-3 January 8,2025 Vote on Res. 40-25: Ms. Kierkiewicz moved to recommend adoption of (Approved) Res. 40-25. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. CHR. INABA: Resolution 40-25 is adopted. Res. 41-25: 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 FOR ITS SPAY AND NEUTER CLINICS IN RURAL COUNCIL DISTRICT 1 Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 60 Intr. by: Council Member Kimball Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 41-25. Seconded by Ms. Galimba. CHR. INABA: Any discussion? Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I'll just note that our office also gave some funding to Petfix last year to conduct some spay and neuter clinics throughout lower Puna. This is a great compliment to some of the work that's being coordinated by our County's Animal Control Agency. And I think it just goes to show how this community partnerships Petfix, Action 4 Animals are in helping to take care of our pets around the island. So, thank you, Council Member Kimball for your generosity. I yield. CHR. INABA: Thank you. Seeing no further discussion, all those in favor of adopting Resolution 41-25, please say "aye." Any opposed? Page 10 Hawaii County Council-3 January 8,2025 Vote on Res. 41-25: The motion to adopt Res. 41-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. CHR. INABA: Resolution 41-25 is adopted. Res. 44-25: 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 GARY AND APOLONIA STICE `OHANA FOUNDATION FOR EXPENSES RELATING TO THE KU HAWEO PROJECT Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 65 Intr. by: Council Member Galimba Motion to Approve: Ms. Galimba moved to adopt Res. 44-25. Seconded by Ms. Villegas. CHR. INABA: Council Member Galimba. MS. GALIMBA: Thank you. So, this is a resolution in support of the organization, Ke Kula Na `A`al`i Ku Makani o Ka`u (NAKM), which is in the process of providing a space for `Olelo Hawaii programming in our district and for preschool-aged kids. There's definitely a need for opportunities like this. So, I ask for my colleagues' support. And Raylene Moses is here in the gallery and she's the ringleader, CEO (Chief Executive Officer) of this effort. Thank you. CHR. INABA: Thank you, Council Member Galimba. All those in favor of adopting Resolution 44-25, please say "aye." Any opposed? Page 11 Hawaii County Council-3 January 8,2025 Vote on Res. 44-25: The motion to adopt Res. 44-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. CHR. INABA: Resolution 44-25 is adopted. Res. 50-25: AUTHORIZES THE EMPLOYMENT OF A PRIVATE ATTORNEY TO REPRESENT THE COUNTY OF HAWAI`I IN OPIOID LITIGATION AGAINST TARGET AND SIMILARLY SITUATED DEFENDANTS Allows for special counsel to represent the County of Hawaii in litigation against Target and other potential defendants who may be liable to the County of Hawaii for their part in the opioid epidemic. Reference: Comm. 72 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Waived: FC Note: Requires 2/3 vote of the entire membership, pursuant to Section 6-5.5, Hawaii County Charter Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 50-25. Seconded by Ms. Villegas. CHR. INABA: We have joining us this morning, Deputy Corporation Counsel Cody Frenz. This was waived from the Finance Committee. So, if you could please give us an overview? (Note: At this time, Deputy Corporation Counsel Dakota"Cody" Frenz came forward to address the members of the Council.) MS. FRENZ: Good morning everyone, Deputy Corporation Counsel Cody Frenz. Thank you, first of all, for granting the waiver. It is time-sensitive. We have outside Counsel from New York who has been assisting the County for several years now in our ongoing and continued Opioid Litigation, which has resulted in significant settlements for the County of Hawaii. We have a current opportunity that's timely, hence the request for the waiver, that would allow the County of Hawaii to potentially receive funds from a settlement with Target. Page 12 Hawaii County Council-3 January 8,2025 Our previous approval from this Council, from this body, did not include this particular Target potential settlement. So, I need to expand the authority we have to work with, specifically, Shayna Sacks who was my contact out of New York to engage in this potential settlement. CHR. INABA: Thank you, Deputy. Mr. Kaneali`i-Kleinfelder MR. KANEALI`I-KLEINFELDER: Thank you. I just want to mahalo Ms. Frenz for making sure this happened and for being in contact with both my office and Holeka's office. Do you know what the just the ballpark figure on what we're looking to settle for? Not for this one exclusively,but for the total sum of the Opioid litigation. MS. FRENZ: The previous settlement was far more significant than what this one would be. That included us being a settling parry with the State of Hawaii. And those funds, I believe, are already coming in to the County. This would be a far smaller amount than that one. And in order for me to share that, I think we would need to go into Executive Session, because that would be tentative at this point. MR. KANEALI`I-KLEINFELDER: Okay, previous to this, do you remember the dollar amount? MS. FRENZ: It was several million. MR. KANEALI`I-KLEINFELDER: Several million for the County? MS. FRENZ: Yes. Eighty-five percent is for abatement purposes. The remaining 15 percent has other administrative uses. But it is a very specific need. MR. KANEALI`I-KLEINFELDER: Thank you. And then, to Ms. Villegas for ensuring that this did happen. This was your work, and you got it done, and there were some naysayers, and they are not here today. But I wanted to recognize you for getting it done. So, thank you. Thank you, Ms. Frenz for making this happen and for working with us to get it quickly expedited. Thank you. CHR. INABA: Council Member Villegas. MS. VILLEGAS: Thank you, Council Member Kaneali`i-Kleinfelder. I think it was a topic that came up just in our first few months of sitting here on the dais. And it was when the Opioid lawsuits were kind of fresh and not familiar to a lot of people. But the crisis continues to expand, but the legal litigation and holding accountable thoseI mean, heck, how many movies have been made about it now? Page 13 Hawaii County Council-3 January 8,2025 So, thank you for your diligence and vigilance and continuing to follow these other avenues that would bring resources to provide the much-needed support for our community to help mitigate and eliminate opportunity and potential for anyone in the future to become addicted or entangled in the web of Opioids. So, I'm deeply grateful for the work that you're doing. Thank you so much, and I'll be in full support of this. I yield. CHR. INABA: Thank you, Council Member Villegas. Any further discussion? Seeing none, all those in favor of adopting Resolution 50-25, please say "aye." Any opposed? Vote on Res. 50-25: The motion to adopt Res. 50-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. CHR. INABA: Motion passes. Thank you again, Deputy Frenz. Resolution 50-25 is adopted. Bills for First Reading please. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): 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 Postponed: December 18, 2024 (Note: There is a motion by Council Member Kaneali`i-Kleinfelder, seconded by Council Member Galimba, to pass Bill 1 on first reading.) Page 14 Hawaii County Council-3 January 8,2025 CHR. INABA: Thank you, Mr. Clerk. We have joining us this morning, Deputy Director Neil Azevedo and our Business Manager Kelsey Kalua-Lewis from DPW (Department of Public Works). Deputy Director or Business Manager, would you like to tee us off? (Note: At this time, Public Works Deputy Director Neil Azevedo and Business Manager Kelsey Kalua-Lewis came forward to address the members of the Council.) MS. KALUA-LEWIS: Aloha, and thank you. First of all, thank you for letting us waive Finance Committee on this and to Chair Inaba for letting us postpone. We are requesting that we postpone again. Our first initial communication was done with the previous leadership. Now that we have Director Ono and Deputy Director Azevedo on board, we are researching and reassessing again the communication that was sent to you guys. We are working with appropriate departments and divisions to find the best path forward. At this time, I ask that we postpone again. We are in communication with Corporation Counsel on some pathways of how we would like to proceed. CHR. INABA: Thank you, Ms. Kalua-Lewis. Council Member Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: Appreciate the request to postpone. I did have some questions on this. But if you're going to postpone, that's fine. The big one that stands out for me is, you know, reading over the B-52, that a contractor working for DPW perform work, which has been concluded as being problematic is what I'm just going to summarize. I have some questions about—I'm not going to get into it today. If you're going to postpone, that's fine. But just my questions would be, if we come back, and I hope you'll be ready for them is, contractor working for—are they not liable for damages, if there're any. And why are we, the County, covering this from our CIP (Capital Improvement Project) fund and why $1 million? That's going to be what I'm going to ask next time, if this comes back in front of us. MS. KALUA-LEWIS: And then I will answer briefly. Once we do talk to Corporation Counsel, we will provide all those answers for you. I'm sure you all read the communication. We are more than welcome to have discussions with you all offline to kind of get into more of the steps we're looking at. We're very open to that. Thank you. MR. KANEALI`I-KLEINFELDER: Thank you. Page 15 Hawaii County Council-3 January 8,2025 CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you. Also happy to postpone, but also looking for, especially, this might be related to some of the things in the Bridges and Culverts' report. Really want to hear how we're going to avoid this in the future. And you know, thank you for your offer to meet offline, but I do think it's important that we have these discussions in public as well. So, thank you, I appreciate that and happy to support the postponements, so you can come back prepared. Thank you. MS. KALUA-LEWIS: Thank you, guys for understanding. Of course, we're more than open to share with the community once we figure our path forward. There's a lot of departments that we're working with together right now. So, I'm happy to share. CHR. INABA: Thank you Kelsey and Deputy. I'm going to be curious about the specifics of the contract, because I don't know that we positioned ourselves correctly. We've assumed a lot of responsibility for actions that we did not do. So I just want to make sure that, if one of our contractors makes an egregious mistake such as this, that we are not responsible for it. But also, how were we holding them accountable in the event that they are the low bid selected for future projects, right? And there's a track record of issues with their work. I just want to make sure we're doing our due diligence to protect ourselves because $1 million is a lot of money, and now there's time lost, right? The department is now having to manage an additional project to correct work that really shouldn't have been done in the first place and is potentially going to have negative impact in the area. So, I'll be curious about that next time we meet. Thank you. CHR. INABA: Thank you. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Just for the department. When do you want to come back? MS. KALUA-LEWIS: We will shoot for the next Council meeting. We hope to have everything in order by then. This is timely, but again, we don't want to proceed forward without the proper course of action. Motion to Postpone: Mr. Kaneali`i-Kleinfelder moved to postpone Bill 1 to January 22, 2025. Seconded by Ms. Villegas. CHR. INABA: Any discussion on the postponement? Page 16 Hawaii County Council-3 January 8,2025 Vote on Motion to The motion to postpone Bill 1 to January 22, 2025 was Postpone: carried by the following voice vote. (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. CHR. INABA: Bill 1 is postponed. 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 Postponed: December 18, 2024 Note: Requires 2/3 vote of the entire membership to amend, pursuant to Section 10-6(e), Hawaii County Charter (Note: There is a motion by Council Member Kaneali`i-Kleinfelder, seconded by Council Member Kimball, to pass Bill 2 on first reading.) Motion to Postpone: Mr. Kaneali`i-Kleinfelder moved to postpone Bill 2 to January 22, 2025. Seconded by Ms. Villegas. CHR. INABA: Any discussion on the postponement? Vote on Motion to The motion to postpone Bill 2 to January 22, 2025 was Postpone: carried by the following voice vote. (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. Page 17 Hawaii County Council-3 January 8,2025 CHR. INABA: Thank you Deputy Director and Ms. Kalua-Lewis. MS. KALUA-LEWIS: Mahalo, you guys. Thank you for your patience with us and your understanding. MR. AZEVEDO: Thank you, guys. 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): 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 PUUKAPU, WAIMEA, SOUTH KOHALA, HAWAI`I, COVERED BY TAX MAP KEY: 6-4-017:001 Reference: Comm. 1050 Intr. by: Council Member Inaba(B/R) First Reading: December 18, 2024 Motion to Approve: Ms. Galimba moved to pass Bill 207 on second and final reading. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. INABA: Any discussion? We have our representatives for the applicant joining us here in chambers this morning, but seeing no further discussion, all those in favor, please say "aye." Vote on Bill 207: The motion to pass Bill 207 on second and final reading (Approved) was carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. CHR. INABA: Bill 207 is adopted at second and final reading. Page 18 Hawaii County Council-3 January 8,2025 Bill 208: AMENDS SECTION 25-8-11 (LALAMILO-PUUKAPU ZONE MAP), (Draft 2) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY (2022-2024) 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 PUUKAPU, 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. 1050.5 Intr. by: Council Member Inaba(B/R) First Reading: December 18, 2024 Vote on Bill 208: Mr. Kaneali`i-Kleinfelder moved to recommend passage of (Approved) Bill 208 at second and final reading. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. CHR. INABA: Bill 208 is approved. 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) First Reading: December 18, 2024 Page 19 Hawaii County Council-3 January 8,2025 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to recommend passage of Bill 224 at second and final reading. Seconded by Ms. Kagiwada. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you. Just happy to support. We had some good discussions about this in our committee and earlier readings, and this is in my district. So, happy to support. CHR. INABA: Thank you. Any further discussion? Seeing none, all those in favor of approving Bill 224 at second and final reading, please say "aye." Any opposed? Vote on Bill 224: The motion to pass Bill 224 on second and final reading (Approved) was carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. CHR. INABA: Bill 224 is approved at second and final reading. 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) First Reading: December 18, 2024 Page 20 Hawaii County Council-3 January 8,2025 Motion to Approve: Ms. Kierkiewicz moved to recommend passage of Bill 225 at second and final reading. Seconded by Ms. Galimba. CHR. INABA: Any discussion? Council Member Kierkiewicz. MS. KIERKIEWICZ: Chair, this project is in my district. I really appreciate the thoughtfulness in this particular design, and I'm in full support. So, looking for everyone's continued support of the measure. Thank you. CHR. INABA: Thank you. Any further discussion? Seeing none, all those in favor of approving Bill 225 at second and final reading, please say "aye." Any opposed? Vote on Bill 225: The motion to pass Bill 225 on second and final reading (Approved) was carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball — 1. Excused: None. CHR. INABA: Bill 225 is approved. 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) First Reading: December 18, 2024 Vote on Bill 226: Mr. Kaneali`i-Kleinfelder moved to recommend passage of (Approved) Bill 226 at second and final reading. Seconded by Ms. Villegas and carried by the following voice vote: Page 21 Hawai`i County Council-3 January 8,2025 Ayes: Council Members Galimba,Hustace, Kagiwada, Kaneali`i-Kleinfelder,Kierkiewicz, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kimball— 1. Excused: None. CHR. INABA: Bill 226 is approved at second and final reading. Are there any announcements? Seeing none. Oh, Council Member Kierkiewicz. OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There were none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. MS. KIERKIEWICZ: Thank you, Chair. January is Mu`umu`u(Mu`u) month. And so,wear your favorite Mu`u throughout the month of January. I'm wearing a mini Mu`u today. But I just wanted to note that the Wailoa Art Center, here in Hilo, is doing an exhibit of Mu`u through the ages. 5:00 to 7:00 p.m.,the exhibit opens this Friday. So, if folks can make it, would love to see you there. Thank you. CHR. INABA: Thank you, Council Member Kierkiewicz. That brings us to the end of our business for the day. ADJOURN- There being no further business, Chair Inaba adjourned the meeting MENT: at 9:41 a.m. CHR. INABA: Mahalo. Council Approval: FEB 1 9 2025 RK JH/dt Page 22