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HomeMy WebLinkAboutMIN GOEAC 2024/02/06 (2022-2024) Committee on Governmental Operations and External Affairs 25th Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii February 6, 2024 CALL TO The regular meeting of the Committee on Governmental Operations and ORDER: External Affairs was called to order at 9:30 a.m., in the Council Chambers, Hilo, by Ms. Cindy Evans, Chair. ROLL CALL: Present: Ms. Cindy Evans, Chair Ms. Susan L. K. Lee Loy, Vice Chair Mr. Holeka Goro Inaba, Member Ms. Jenn Kagiwada, Member Mr. Matt Kaneali`i-Kleinfelder, Member (came in later) Ms. Ashley L. Kierkiewicz, Member Ms. Heather L. Kimball, Member Ms. Rebecca Villegas, Member Absent& Excused: Ms. Michelle M. Galimba, Member STATEMENTS The Chair directed the Committee to proceed to the next order of business, Statements from the Public on Agenda Items. FROM THE PUBLIC ON The following individuals registered to speak and came forward when called AGENDA ITEMS: by the Chair: Joy Dillon: Res. 389-24 (Comm. 647), in opposition. Mary Begier: Res. 389-24 (Comm. 647), comment. CHR. EVANS: Mr. Clerk, Communication 696. COMMUNI- The Chair directed the Committee to proceed to the next order of business, CATIONS: Communications. GOEAC-25 February 6,2024 Comm. 696: NOMINATION OF RACHEL ABLE TO THE BOARD OF APPEALS From Mayor Mitchell D. Roth, dated January 19, 2024, requesting the Council's review and confirmation. Requires Council Confirmation by: March 3, 2024 (Section 13-4(k), Hawaii County Charter) Vote on Comm. 696: Ms. Lee Loy moved to recommend confirmation of the (Approved) nomination of Ms. Rachel Able to the Board of Appeals. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Committee Members Inaba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Evans —7. Noes: None. Absent: Committee Members Galimba and Kaneali`i-Kleinfelder—2. Excused: None. Executive Assistant to the Mayor Pomaika`i Bartolome came forward and provided a brief narrative of the nominee's background and experience. Committee Members spoke in favor of the appointment. Comm. 697: NOMINATION OF JACOB TAVARES TO THE POLICE COMMISSION From Mayor Mitchell D. Roth, dated January 19, 2024, requesting the Council's review and confirmation. Requires Council Confirmation by: March 3, 2024 (Section 13-4(k), Hawaii County Charter) Vote on Comm. 697: Ms. Lee Loy moved to recommend confirmation of the (Approved) nomination of Mr. Jacob Tavares to the Police Commission. Seconded by Ms. Kimball and carried by the following voice vote: Ayes: Committee Members Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Evans —8. Noes: None. Absent: Committee Member Galimba— 1. Excused: None. Page 2 GOEAC-25 February 6,2024 Executive Assistant to the Mayor Pomaika`i Bartolome came forward and provided a brief narrative of the nominee's background and experience. Committee Members spoke in favor of the appointment. ORDER OF The Chair directed the Council to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Res. 389-24: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAII BY AMENDING RULE NO. 23, BILLS AND RESOLUTIONS Repeals Council Rule No. 23(1)(d), which requires that any bill or resolution that is amended at final reading be held over until the next regular meeting of the County Council. Reference: Comm. 647 Intr. by: Ms. Kimball Postponed: January 9, 2024 (Note: There is a motion by Ms. Kimball, seconded by Ms. Galimba to recommend adoption of Resolution 389-24.) CHR. EVANS: Council Member Kimball. MS. KIMBALL: Thank you, Chair. So,just in advance of further discussion, I will say that my intention today is to withdraw the motion on this resolution. But I wanted to just address a couple of things, because I know there was some public testimony both today and then online. And I wanted to give the Council Members a little bit of an opportunity to have a discussion. As I noted when I first put this forward last time, the intention here was, you know, as a kind of beginning of the year thing. I went through all our rules and said, okay, where do we need to make amendments, and this was one where we usually suspend it, right? So, we can continue to have a discussion. So, the logic for my standpoint was, well if you have a rule that you always suspend, then maybe it shouldn't be a rule. That said, this is not a hill that I'm, you know, I'm concerned about going on as the expression goes. But there's a couple of things to note, and I wanted to make sure that this was publicly on the record. Which is first of all, that we are already prohibited from doing anything that would be perceived as a gut and replaced per our Charter. So, Section 3-10(d)prohibits any amendment to a bill to change its original purpose. However, this really only pertains to bills and not resolutions, which Page 3 GOEAC-25 February 6,2024 Rule 23 actually also applies to resolutions. So that's a little bit of a difference there. The other thing that I would note is the Supreme Court League of Women Voters vs. the State or Hawaii and their interpretation, of course, obviously they ruled against and got replaced by the Legislature. Council Member Evans probably knows a little bit about that history. But the determination there was, the bill's content had to be germane to the original intent and purpose of the bill. So, there's this germane standard that came out later with an Attorney General's opinion, that there's a common tie or close alliance of the original language to the amended language. And that's to say that the amendment still keeps the intent, so the subject and object, or general purpose of the bill intact. When we start to go outside of what's germane, that would not include anything that is either extends or limits the bill's scope, alters the details of governing how a bill's general purpose is achieved or makes incidental changes to the bill. So,just to give an example, and this is what I was sharing with Mary earlier, is if we had a bill that says we're going to spend $50,000 to have DPW (Department of Public Works) fix a bridge. If we say, okay, we're actually going to give that$50,000 to Parks and Recreation to fix the bridge. I don't know why, but if we were to do that, it's still germane, right, because we haven't changed the intent and purpose. We've just changed the process of how it will happen. If we were to say that we're instead going to give $50,000 to DPW to pave a walkway, then we've changed the intent and we've violated that germanous standard. So, again, I'm just bringing this up to put that on the public record. I did attempt to make some amendments to this, and then I ended up with something that was just more confusing than the language that we originally had in there. And so, based on the Clerk's recommendation, I opted not to go that way. But one of the things I wanted to point here is that the second clause, say's, "The final action on such an amended bill or resolution shall not be taken until the next regular meeting." I'm wondering if we can all agree that final action is the vote. We often suspend this rule so that we can continue conversation. I consider amending final vote instead of final action. But can we just agree that final action is the thing that needs to be suspended if we have an amended bill that amends the bill in a way that is germane or substantially changes the content? With that, I'll open it up, Chair for any further discussion from the members, but as I said, my intention is to withdraw the motion. Thank you. Page 4 GOEAC-25 February 6,2024 CHR. EVANS: Okay, Member Lee Loy. MS. LEE LOY: Thank you. And thank you, Chair, for that background and having been a little bit of a decent earlier in this process, absolutely. I think what it gives rise to is, there is a thirst for public and community to understand our process. Oftentimes, I get a lot of calls myself about how many readings, right? It's a resolution, which is Committee then Council, or a bill. So, really appreciate this conversation. Appreciate you hitting the pause button, but would love to, at some point, maybe offline talk about having our Clerk do some civics of engagement and taking that out to community so there's a deeper understanding of the work that we're doing. Because I do appreciate the suspension of the rules to keep the conversation in context of what's being deliberated at that time. But I also want to give a pause to community to evaluate all the different amendments that we've gone through and begin to weigh in at another point. So, thank you. Maybe a civics class that, you know, our office or the Clerk, he's not looking at me, that we could launch for community. Thank you, I yield. CHR. EVANS: Member Kagiwada. MS. KAGIWADA: Thank you, Chair. Thank you, Chair Kimball. I do appreciate the intent, which was to clean up some of our Code. I to think by cleaning up our Code, it helps us to communicate with the public what we are doing and what we do. So, the more superfluous stuff that we get out of the Code, the better for that understanding. But also, really appreciate you hearing the public on this, and I agree we should keep this in for now. It definitely is something that has the appearance of, you know, not having the public weigh in as much as they clearly want to. Even though, I don't think that was the intent at all. So, I appreciate you being willing to withdraw this. But I also appreciate the intent. So, thank you. CHR. EVANS: Member Kimball. MS. KIMBALL: Yeah, Chair, I'd like to withdraw my motion to approve Resolution 389-24. Withdraw Res. 389-24: Ms. Kimball announced the withdrawal of Res. 389-24. Page 5 GOEAC-25 February 6,2024 Res. 428-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE HAWAII STATE ENERGY OFFICE Seeks to pursue a coalition application to the United States Environmental Protection Agency Climate Pollution Reduction Implementation Grant program to access federal funding. Reference: Comm. 710 Intr. by: Ms. Evans (B/R) (Note: Comm. 710.1, from R&D (Research and Development) Sustainability Specialist Jake Sykes dated February 5, 2024, transmitting supplemental material for Res. 428-24, was circulated.) Motion to Approve: Ms. Lee Loy moved to recommend adoption of Res. 428-24. Seconded by Ms. Kagiwada. CHR. EVANS: Any discussion? Anyone from the Mayor's Office, please. (Note: At this time, Department of Research and Development(R&D) Sustainability Specialist Jake Sykes, came forward to address the members of the Committee.) MR. SYKES: Aloha Chair. Aloha Members of the Committee. Jake Sykes, Sustainability Specialist with the Department of Research and Development. Happy to be here in front of you again regarding a Federal grant that we'll be pursuing. So, I made a quick little presentation because this grant in the past nine months has shifted the State, who is administering it. So, I just put together a presentation to outline the entire grant, the different funding streams and the partners that will be facilitating each funding stream with. (Note: At this time, Mr. Sykes provided a PowerPoint presentation to the members of the Committee. For viewing of the presentation, see the DVD copy of the proceedings on file in the Clerk's Office, or online at http:Hhawaiicountygranicus.com. A copy of the presentation is made part of the record, see Comm. 710.1). MR. SYKES: So, that is what we are here for you today and appreciate your consideration. CHR. EVANS: Members, any questions? Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. I just want to say, well done. Oftentimes, we get resolutions that aren't accompanied with such extensive background. Oftentimes, departments or offices aren't here. Page 6 GOEAC-25 February 6,2024 Page 7 GOEAC-25 February 6,2024 Just really appreciate all the thought that went into explaining this agreement, which is basically allowing your office to collaborate with State partners to apply for grants and allows us as a County to be able to receive Federal funding as it relates to climate change solutions that the County can implement, but also a variety of stakeholders like local businesses and community nonprofits. Great. And I see you brought your entire team here. That's wonderful. I also did want to just provide an opportunity to our new OSCER (Office of Sustainability, Climate, Equity and Resilience) Administrator Bethany Morrison to come forward and to just see if there's anything else that you would like to add. I thought Jake Sykes did a really excellent job presenting. (Note: At this time, OSCER Administrator Bethany Morrison, came forward to address the members of the Committee.) MS. MORRISON: Thank you, good morning, Members. This is the first time I'm actually here in my position. So, Jake and I have been working collaboratively since the Integrated Action Plan. He works in R&D, and now we have the new Office of Sustainability. And so, I just want to highlight that collaboration continues as the office begins to get established and we develop our priorities for the year. So, this is one of the things that we're working through to make sure we're in alignment and that we're supporting the effort for. MS. KIERKIEWICZ: Great. Thank you for being here. I'll be supporting the resolution. Thank you, Chair. CHR. EVANS: Member Kagiwada followed by Member Lee Loy. MS. KAGIWADA: Thank you. Thank you, both, for being here and for this great information. Could you just tell us the community-based projects that were also included the In-Vessel composting systems and Landfill Diversion. What community partners were leading those,just so I know? MR. SYKES: Yes, so, there were a few community-based statewide applications, and one of the organizations was Sustainable Coastlines Hawaii. They applied for about ten In-Vessel composting systems, and they're trying to put around one to two on each island. And there was another, I believe it was called, Protect and Preserve, Hawaii. I can't think ofI'm sorry, I reviewed about 40 of these applications, so I'm trying to bring them back to my head. But there was another one between OK Farms and another organization on doing on-site composting and food diversion. And one of the County projects that we submitted was one of the reusable foodware with the SWIFR(Solid Waste Infrastructure for Recycling) Grants and extending that. So, we're working with Zero-Waste Hawaii. Page 8 GOEAC-25 February 6,2024 MS. KAGIWADA: Great, terrific. Thank you so much. And then, I know you're going to be moving into this new community engagement for the more outward focused work. We did the one that was really County-focused, right? One thing that just keeps coming in my office is for County meetings and for things that the County supports, is there a way to provide some resources to our County folks on how to do Zero-Waste meetings; how to do Zero-Waste events, things like that. Because I know the community looks at us and says, well, why do you have all these plastic water bottles you're handing out? So, I'm just wondering, are we working on some resources to help even just our internal County folks understand and have the ability to do Zero-Waste events? MS. MORRISON: Yeah, I think as we look at the Office of Sustainability, that's going to be one of the key components, is us showing up and saying this is how County does sustainability. So, that's one of our priorities for this year. And I think establishing some additional resources, whether that's grant money or contract work for someone to come in and help us develop that. MS. KAGIWADA: Okay, great. I look forward to that very much. Thank you so much, and of course, I will be supporting. CHR. EVANS: Thank you. Member Lee Loy. MS. LEE LOY: Thank you, Chair. Yeah, I want to echo the sentiments of my colleagues. Really, you know, this information is just great information. Kudos for all of you for putting this together. It really does help. So, Administrator, Mr. Sykes, thanks for doing such a wonderful job. I just wanted to elevate some of, I know you have some goals and objectives as a new office. But also too, in addition to the work that you're doing around these funds and the outreach that you guys will be doing, you know, one of the real valuable lessons that in an after-action report that I got to review for Maui, was this idea of hazard mitigation that is actually intrinsically related to climate change. So, as you guys lean into those conversations with community, you know, sometimes they're looking at climate change. But sometimes if you couch it or reframe it, that this could be an emergency evacuation route or hazard mitigation idea, I think the conversations really start to flash out. In addition to looking forward to maybe having an offline conversation with Molly and that equity piece that you have with our homestead community. But really, well done. Thank you so much, and I will offer that as you guys advance these grant applications. If you ever need a letter of support from a Member of the Council or Members here on the Council, please reach out. Let us Page 9 GOEAC-25 February 6,2024 know so that we can have that as an attachment to these funds. Because $5 billion is something I want to make sure that we can grab off the table. Thank you, Chair, I yield. CHR. EVANS: Thank you. Member Kimball followed by Ms. Villegas. MS. KIMBALL: Thank you, Chair. And thank you, Jake, and Administrator, for being here today and putting together this presentation. I recall in our conversations about the initial part of the grant planning portion, there's a little bit of concern about the State applying enough human resources to that activity. I see now that it's shifted, that it's the Energy Office that's going to be managing the implementation? MR. SYKES: For the implementation funds, yes. But for the planning and Priority Climate Action Plans, that is still with the commission. MS. KIMBALL: Okay. And what is the consultant, the E3 folks, what are they going to cover? Are they going to help with this? Are we comfortable that the State is putting enough resources? I'm comfortable that we are, because I know you and Kendra and Bethany are going to be working on this, and Molly back there. But I'm still concerned that we have enough people supporting it at the State level. MR. SYKES: Yeah, so on the State Climate Change Commission side, they were able to use the Planning Funds to hire a program coordinator, and then a statewide outreach coordinator, and then they have an outreach coordinator for each county. And I believe they have two VISTAS (Volunteers in Service to America)that are also supporting that. So, they have capacity to manage the planning aspects. Then they've also contracted with Hua Nani Partners for the planned development as well. So they have already the consultants and the capacity, we're just strategizing on what those plans look like. For the Implementation Grants, they are partnering with E3, and E3 is the one helping us with the Greenhouse gas calculations analysis and refining the budgets. MS. KIMBALL: Okay, great. Just keep us posted on that. Again, there was an initial concern, and as mentioned by Council Member Lee Loy, and Director Adams would say, you know, unicorn funds, very rare and not likely to be seen again. So, we want to make sure we take full advantage, but appreciate the work and excited about having OSCER be tapped into this funding stream as well. Thank you, Chair, I yield. CHR. EVANS: Thank you. Member Villegas. Page 10 GOEAC-25 February 6,2024 MS. VILLEGAS: Wow, congratulations, and thank you so much. How far we have come in the last few years. From conversations about climate change being all too often pupued to being at the forefront and recognized as the cause for a lot of our challenges. I am super excited to hear about this. I am deeply grateful for both of your service and expertise and passion for these projects. And ensuring that our County—it's not something I normally like as a statement but getting our fair share. Also, getting what—we have such an opportunity to be a model for the rest of the world. And we have a lot of low-hanging fruit. We've got a lot of big issues. But you guys are really just forging forward with creating relationships, connecting with the terminology, and ensuring that we are collaborating with the most appropriate players. We're heartened to hear about Sustainable Coastlines. Grateful for our history of having worked with them and their composting that kind of renegaded it. Thanks to Kahi on the front end. But they've gotten it covered and now Raf is doing a really great job managing their programs. So, I'm really excited to see this continue forward. Continue to support you guys wholeheartedly. Also, am hoping that as the office gets itself squarely footed, that you know, the Council here passed a resolution a number of years ago, urging our County to join in the climate litigation lawsuit. And I've been told that now as soon as you guys get your footing that that's a possibility for something to be taken on. And I see that as another source of funding, as well as standing in alignment with the other counties in our State in ensuring that as resources become available and different entities are held accountable for their direct contribution for the demise of the earth and potentially humanity. But that we'd be together with our other County brothers and sisters on that. So, thank you once again. Super excited and really this unicorn funding we've been talking about for a while now. Really excited to see it coming into fruition, and that it exists and that it's becoming a reality, and we have the capacity and the team, and the initiatives. Also, look forward to, you know, my prior life working with the brewing company. We turned that into a very green business with a lot of forward-thinking practices having had a passion of minor removing the plastic bottles that used to sit up here when I first got into office. You guys have any desire to come visit in Kona and meet some of the people there, and even in the private sector working on that. The Kona Brewers Festival is coming up which is a Zero-Waste event. And so, also a great opportunity to connect, collaborate, and coordinate with different Page 11 GOEAC-25 February 6,2024 initiatives that have been happening around the island. So, thank you once again. So proud of how far our County is advancing and holding ourselves accountable internally for the way that we manage ourselves, and then helping to teach others and guide the way. So, thank you so much. I yield. CHR. EVANS: Okay, seeing no other lights on, I just want to thank you so much. It was a great presentation. I had one question, and maybe I missed it. But you said Hawaii County submitted three projects. Two which were selected. I'm interested in the one that didn't get selected. Was it the Turbine, by the Department of Water Supply? MR. SYKES: Yes, it was the Waimea Water Plant Hydroelectric Turbine. And kudos to Water Supply. They really helped us identify that project, and it was really well received by the RFI(Request for Information) Committee. When it came down to it, it was just the impact of the greenhouse gas emissions being reduced. It just wasn't as significant enough for the price tag compared to the other projects. But we are still pursuing funding for it through other means. CHR. EVANS: Well, that would be my next question. Is that something that you see your office trying to find that solution? MR. SYKES: Yeah, and I'll let Bethany speak more to this, as it's her office. But in the past year, in my work with Research and Development, that is typically how I've been approaching my work and how I support other departments. Especially, just in the scope of emissions mitigation, infrastructure resiliency and tying into those other sustainability themes. But yes, it'll be regular meetings with departments understanding the law of the land and wherever we have the capacity to pursue funding to support them, that's where we'll get it. CHR. EVANS: Okay, alright. Do you want to add to that. MS. MORRISON: Yeah, great job Jake. No, I think one of the goals of the office is really to build capacity to work across our County departments where they don't have that capacity. So, we understand through the Climate Action Plan, their list of priorities. And so, now working with the departments to figure out how we can achieve those and get those things done. CHR. EVANS: Well, thank you, and I will say, thank you for working on this one, because it says it's a replacement of a defunct hydroelectric turbine, so we really need it. So, thank you for your support to our departments. Okay, having said that, yes, Member Kimball. Page 12 GOEAC-25 February 6,2024 MS. KIMBALL: Yeah, glad you asked that question, because I actually thought it was the paratransit we didn't get. Did we get the paratransit? MR. SYKES: No, yes, the paratransit was approved. We did have to cut the budget a little and yes, but it's still approved. MS. KIMBALL: That's wonderful. Okay, I had the wrong information. That is so exciting. You know, one of the things that I think is really important in terms of the equity pieces is understanding that everybody has their right to participate in addressing climate change. And by getting electric paratransit vehicles is something that is a really unique way for us to help achieve that. Oh, I'm so excited. Thank you, Jake. MR. SYKES: Our kupuna and ADA (Americans with Disability Act)residents are going to be riding around in style. Zero emissions. CHR. EVANS: So, with no further discussion, we have a motion on the floor. All in favor? Vote on Res. 428-24: The motion to recommend adoption of Res. 428-24 was (Approved) carried by the following voice vote: Ayes: Committee Members Inaba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Evans —7. Noes: None. Absent: Committee Members Galimba and Kaneali`i-Kleinfelder—2. Excused: None. Res. 429-24: AUTHORIZES THE MAYOR TO ENTER INTO AGREEMENTS WITH HAWAII HEALTH SYSTEMS CORPORATION EAST HAWAII REGION, HILO MEDICAL CENTER Seeks to allow Hilo Medical Center to properly dispose of infectious waste supplied by various County agencies. Reference: Comm. 711 Intr. by: Ms. Evans (B/R) Motion to Approve: Ms. Lee Loy moved to recommend adoption of Res. 429-24. Seconded by Ms. Kimball. CHR. EVANS: Any discussion? Yes. Page 13 GOEAC-25 February 6,2024 MR. INABA: Just wondering if anyone from the Finance Department is here to give some information on this agreement. CHR. EVANS: Anyone from Finance? MR. INABA: Okay. Well, if they are listening, I do want to know; this isn't accompanied by a B-52 but wondering if there's any cost associated with the execution of this agreement. Then secondly, what we have been doing in recent years in terms of disposal of these used sharps from our County agencies? So, if we could just get that information, that would be helpful,just so we have a better understanding. CHR. EVANS: So, Mr. Clerk, we have an option. We could recess or we could just move this to the end of the agenda. MR. INABA: I'm fine with moving it along to Council and hope that somebody from Finance can be there to answer those questions at that time. Thank you. CHR. EVANS: Okay, Members, any other discussion? If not, we have a motion on the floor. All in favor? Vote on Res. 429-24: The motion to recommend adoption of Res. 429-24 was (Approved) carried by the following voice vote: Ayes: Committee Members Inaba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Chair Evans —6. Noes: None. Absent: Committee Members Galimba, Kaneali`i-Kleinfelder, and Villegas —3. Excused: None. STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON RES. 430-24: The following individuals registered to speak and came forward when called by the Chair: Anna Schamber: In support. Dean-Paul M. Schamber: In support. John Matson: In support. Page 14 GOEAC-25 February 6,2024 Res. 430-24: URGES THE HAWAII STATE LEGISLATURE TO AMEND CHAPTER 142, HAWAII REVISED STATUTES, TO PROVIDE FOR GREATER PUBLIC SAFETY AGAINST THE RISK OF DAMAGE, INJURY, AND DEATH POSED BY DANGEROUS DOGS BY INCREASING ENFORCEMENT AND PENALTIES AGAINST OWNERS OF SUCH DOGS Requests the State Legislature to align State law with County law to provide clarity for County enforcement efforts, with an emphasis on requirements and penalties for dog owners that allow their dogs to injure or kill other animals or people. Reference: Comm. 712 Intr. by: Ms. Kagiwada (Note: Comm. 712.1, from Prosecuting Attorney's Office dated February 6, 2024, transmitting testimony in support of Res. 430-24,was circulated.) Motion to Approve: Ms. Kagiwada moved to recommend adoption of Res. 430-24. Seconded by Ms. Kierkiewicz. CHR. EVANS: Member Kagiwada. MS. KAGIWADA: Thank you. So, wish I didn't have to introduce this resolution. As you heard, many people are hurting because the State and the County are not aligned with how we deal with people that have dangerous dogs. Currently, the State has a bill that has been proposed to try to get our County and State aligned here. And this resolution just supports and shows our support for doing so. I want to express my gratitude for Council Member Kierkiewicz who led the State with her original bill, I believe in—what was it, 2022, that made it possible to prosecute people with dangerous dogs that maimed or killed people as a felony. Unfortunately, the State has not followed suit and unbeknownst, I think to us, they are now saying they're not able to follow our County ordinance, because it is not in alignment with the State. So, appreciative of Rep. Ilagan who is putting this bill forward and would like to support it. I believe there's another bill that's making its way at the State level that would help with this issue as well. But I think this one that's specifically about dangerous dogs is really important to support. Just want to call your attention to the support letter from the Prosecuting Attorney's Office that's in your pinkie file. I believe they also want to be able to act when something horrific like this happens, but at this time, feel like their Page 15 GOEAC-25 February 6,2024 hands are tied. So, looking for your support and I'd like to hear if anybody has any comments. Thank you. CHR. EVANS: Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Thank you, Council Member Kagiwada. I'll be 100 percent supporting this resolution. You know, our office had put forward Bill 125 in response to a number of dog attacks that left people seriously injured, or in some situations, folks lost their lives. And so, Bill 125 was intended to ensure that there were penalties to match the seriousness of the crime. That was the intention. So, we included Class C and B Felonies. We had four lawyers on this, I also want you folks to know. We had four lawyers combining through this to make sure we could implement. So, it was heartbreaking. And little bit shamed; a little bit embarrassing that when an attack occurred, we couldn't implement this ordinance because that preemption wasn't allowed by the State. Feeling really devastated by that. But now, the State has an opportunity to rectify this to give the counties that authority. I don't think a Class C Felony goes far enough; $10,000 is not enough. I'd like for the State to consider, it's not HB 2058 (House Bill), but I really do think that they need to consider a Class B Felony. And I know the issue here is dangerous dogs, but there are other potential situations where we do want to make sure there are checks and balances, so that people are motivated to ensure that our community, in general, isn't safe. I just want to flag HB 2716, related to involuntary manslaughter and Chair, pull me back if you have to. But this would also include like what happened in Michigan very recently, where a mom leaves a gun on the table and her mentally ill child takes it to school and kills four of their classmates. If that were to happen here in Hawaii, there is no accountability. Zero. So, if we're going to be making laws this Legislative Session, and I really do think there's an appetite for that to ensure there's accountability in justice served; (HB) 2058 provides a good start, but it doesn't go far enough. I also think there needs to be more standardizing of the definitions, because if counties can make different definitions, and they're not aligned with State statute, we're going to be in another really weird and awkward legal situation on whether or not we can pursue. That needs to be cleaned up. I think (HB) 2058 is a little bit complex. It's asking counties to do things like microchip, which we already require in our Code. Page 16 GOEAC-25 February 6,2024 So, I'm going to urge that our State partners, we know you have really great intentions, but if you're requiring the County to do something, please collaborate with us ahead of time, so that we can ensure that whatever you pass, can be implemented. Because at the end of the day, when something awful happens to our members of the community, they want to make suer there's action and justice is served. I don't want to serve up, oh, wasn't our responsibility. Got to look to the State. Nobody wants to play the blame game. They just want a solution so that families can heal and find closure. So, I'll be supporting this resolution in its current form, but if you also want to offer an amendment at Council where it just kind of broadens in addition to this bill, other bills that get to the intention, I would be very supportive of that. Then a procedural question to Council Chair to consider is because we are so quickly moving during the Legislative Session, my wondering is, can we just have these resolutions during Leg Session go straight to Council? Because I think that there is a sense of urgency for our bodies to be able to communicate our positions to the State Legislature in a really timely manner. That being said, I support it. Thank you, Chair, I yield. CHR. EVANS: Member Lee Loy. MS. LEE LOY: Thank you. And to my two colleagues, you know, I've been sitting here for a little bit, and we pass a lot of legislation. But definitely, our Animal Control ordinance by far was the most emotional legislation that I've ever sat around for. So, I really want to thank Ms. Kierkiewicz and now, Ms. Kagiwada for elevating this conversation. Now, we've done our part. Now, it's time for the State Legislature to do theirs. In support of this resolution. Also, looking a little bit around the corner because oftentimes, the Legislature will take bits and pieces of different bills and then have kind of an omnibus bill. And so, what I don't want to do is handcuff us to a specific support of, you know, a house bill. I'm also tracking Senate Bill 2692, which is the companion bill for this. When I look at the testimony already provided for this house bill, the Judiciary is already mentioning kind of the definitions which I see is now contained in that Senate companion bill. So, supporting my colleague, Ms. Kierkiewicz, on how we craft these resolutions so that the Legislature gets a clear body check from us that we support this regardless of what bill number it's contained in. Page 17 GOEAC-25 February 6,2024 So, if there's ways to massage that language in addition to any other pieces of legislation, I think the intent and idea of the preemption when we work so hard on the County level to only be kind of pushed back from a State kind of roadblock. Just really feels under-minding because they have no problem giving us unfunded mandates. So, this is us, you know, kind of aligning back. To our testifiers, you know, this one was really hard to walk out when we were introducing our County Animal Control ordinance. And I think, you know, we've just experienced far too many situations that could have been avoided. You know, we ask so much of our community. And they're doing so much to protect their properties. But this piece of legislation on Animal Control ordinance is really holding everybody accountable. So, in support of Resolution 430-24. Suggesting maybe a little bit of refinement. And I wouldn't even call it refinement, I would call it stretching it a little bit, which leads me into, maybe this an area of our rules that we can actually author what's known as a minute resolution where, as Ms. Kierkiewicz said, the Legislature goes fast. It would be great if we could just advance it and Council Members can sign on later on, right? But the clunkiness of us really puts us at a disadvantage. You know, Ms. Kimball and I were at a function this weekend, and we had a Legislator saying, "When the neighbor islands stay silent, the larger Honolulu contingent, they're just going to do what they're going to do." So, we need to provide a voice from the neighbor islands, so that our Legislature hears us. I yield. CHR. EVANS: Okay. Member Kimball. MS. KIMBALL: Thank you. I'll start with just a response about the minute resolution and all of that, which is, two years ago,we sought an amendment to Chapter 92, Sunshine Law, that would allow bodies like ours to discuss matters, that we've agreed to as a legislative priority during a Legislative Session. The Dangerous Dog issue is one that we have established as a priority this year. So, I appreciate this being elevated here as a resolution because it give us that opportunity for the conversation in this format. But as we're moving through this legislation, I just want to make sure all members of this body are aware that we can communicate about bills that relate to these priorities, and you know, send shared combined testimony—of course, I'm submitting testimony on things that are identified as the package as Chair. That said, fully supportive of this resolution today. Want to mahalo again, Council Member Kierkiewicz for her work on the initial Dangerous Dog legislation. And I know how much time and effort went into that in terms of Page 18 GOEAC-25 February 6,2024 making sure all of the boxes are checked. So, yeah, it certainly was really disappointing to see that when something unfortunately happened that, more or less, our hands were tied because there wasn't the State law in existence. One of the questions I have, either for Corporation Counsel or anyone who might know the answer to this is, if this does pass at the State level, it wouldn't retroactively apply, or could someone still be charged under this? Judge Strance, if you wouldn't mind responding to that? (Note: At this time, Corporation Counsel Elizabeth Strance, came forward to address the members of the Committee.) MS. STRANCE: Good morning, Elizabeth Strance, Corporation Counsel. Criminal laws cannot be retroactively applied. So, what's not illegal today, cannot be punished for something that's made illegal tomorrow. MS. KIMBALL: So, County Code is law and per our law, it was illegal. Is there any argument to be—and we're really talking about the level of punishment, right? Whether it's a Class C, Class B Felony, or whatever. We've already made it illegal, in my interpretation. Is that something that could be explored here or this is just a hardline in the sand? MS. STRANCE: I don't want to say it's a hardline in the sand, but if what makes something illegal required both what we have and what the State has, I think it would be a hard sell. I haven't done the research, so I don't want to say, a hard "no" just a probably not. MS. KIMBALL: I think there's some things to explore here. But you know, just support having the State alignment with our Code, but also think that our Code has meaning. And our intention at this local level was very clear, I think, and I would like for us as a County to explore the fact that it was already illegal here. And that said, Jon, I hope you don't mind putting some words out here. I know that Shannon (Matson) would say, which is, this is not just a County and the law thing. Like, pet owners, dog owners, do better. Like it is absurd to me that we live in a community where, there was woman in here the other day that testified about having to walk with a machete in her neighborhood. There are people talking about roving packs of wild dogs. We live in a First World Country, why do we have roving packs of wild dogs. The County has a kuleana for sure. But pet owners, dog owners, do better. There is no reason anybody should be hurt or killed by a dog in this County. It's all of us. We're trying to do our part here. I ask the community to do better too. Thank you. Page 19 GOEAC-25 February 6,2024 CHR. EVANS: Okay, any further discussion? I have a question for Corporation Counsel. We don't have Animal Control here do we today? MS. STRANCE: We do. CHR. EVANS: Oh good. MS. STRANCE: Good morning, Council Member Evans. I want to introduce Suzanna Tiapula, who's a Deputy in our office, and she did some research on these matters and is probably more informed than I am on this area of the law. And so, I ask that if you have other questions, or Suzanna, you have anything to add or correct that I said, to please do so. (Note: At this time, Deputy Corporation Counsel Suzanna Tiapula, came forward to address the members of the Committee.) MS. TIAPULA: Based on my review of the statute, it is not retroactive. But we do have the Administrator for Animal Control, who will be speaking next, who will address the issue of prevention and the community safety concerns that you have raised. MS. EVANS: Because my bigger question is, if I called and said I believe there's a dangerous dog that lives next door. I've seen it as kids come down the road, the dog is trying to get out of the chain-link fence to attack them, which means if the dog gets out of the chain-link fence, it's going to attack them. So, you know it's a vicious kind of dangerous animal. If they called you, and they said, can you come out and evaluate it. Even if you came and evaluated and said, "Yeah, if this dog gets out it's going to hurt somebody." What can you do as Animal Control versus calling 911. I mean, does 911 call you? So, I'm just kind of curious. (Note: At this time, Animal Control Administrator Matthew Runnells, came forward to address the members of the Committee.) MR. RUNNELLS: As far as agency-wide, we try to educate the owners of the dogs of, you know, that have the potential to be aggressive or to show aggression, and to make sure those animals are contained. You know, those animals are still the owner's property, and as such, the most we could do at that point with an animal that may show aggression but still is contained is education to the owners. MS. EVANS: Can you not, and this is for Corporation Counsel. Could we not issueI don't know if it's called a citation? I don't know what it's called, but a Page 20 GOEAC-25 February 6,2024 warning that you know, we have reviewed the situation; we've determined it is an aggressive dog; we have determined that if in fact, it gets out it could harm others. So we're giving you aI don't know what you call it. But it's like a warning letter that you've been put on notice, that it's been evaluated. You do have an aggressive dog. You will, you know, if that dog gets out, now that we've given you notice you're going to be at a misdemeanor or felony. I mean a lot of times, when we do things, we have to sometimes give them that quote, first warning. So, I'm just curious, can we give a first warning, and then afterwards if something happens, it might elevate us being able to basically, go to court. MS. TIAPULA: So, I hesitate to respond to the facts that you've provided because it really is very fact-specific. I do know that Animal Control works very closely in communities and is trying to address some of the issues raised; the roving packs of dogs. If the dogs are roving, they're not on their property anymore, and then we do have authority. If there are no fences and the animals are able to go beyond their property, we do have the authority to respond appropriately and begin that tracking mechanism. They have been staffing up, like the number of people hired and trained over the last six months. We'll be exploring that next. Accountability is important, but prevention is community safety, and the Administrator will be addressing that in his presentation next, because I think that is your goal. Not just accountability for the acts that happen, which is critically important, but to ensure that they never happen again. MS. EVANS: Yeah, my concern, because we're talking to the Legislature and trying to send them a message, is that currently the way things are written, is it causing enough confusion? So, a Police Officer and an Animal Control Officer believes they have limitations? I mean, we're limited because of what you've done, because you created confusion? MS. TIAPULA: I believe one of the concerns raised previously, even about this resolution, was that, if it is not clear where there is an attack by a pack, that all of the animals in the pack can be destroyed. They won't all be destroyed because there will be a search for the individual animal responsible for the fatality. But the reality is if you have 10 dogs, 12 dogs, or 14 dogs, you may not have specific identification to the animal. So, one of the concerns we have is, we want to be able to remove all of the animals in a pack where there's an attack by a pack. And we've talked about this at length. We don't always have the video. And even if I had the video, if Page 21 GOEAC-25 February 6,2024 there's 14 dogs in a pile, identifying which three, or which two, or which one? We want to be able to remove the packs. So, there is work to be done. MS. EVANS: So, there's no legislation on pack animals right now? MR. RUNNELLS: Not currently. There's nothing specific to that. Even in the wording, the disposition of those animals once we do collect them is still another question. Oftentimes, you know, we as an agency are left with those animals for extended lengths of time. So, that wording is also something that, I think, should be addressed in it as well. MS. EVANS: Okay. Specific to the resolution, it's really specific only to amending Chapter 142. So, given the limitation of the title, do you have any recommendations on the resolution as written, because it's only specific to that chapter. MR. RUNNELLS: I mean, I don't have any specific to add as far as identification of the animal, disposition once that animal is identified. Those things are really what concerns me as far as, you know, moving forward and getting those animals out of the community. MS. EVANS: I've been involved in discussions of dog bites and dog attacks for years. That always is the problem, is can you identify it was that animal. Who saw it? Do you have proof? Was there a picture? And that has always been a major concern that you really aren't getting the right animal. You know, but what I think this legislation is doing, and correct me if I'm wrong, to the author. We're trying to move it from the animal to the dog owner. And so, the conversation now is getting shifted from that to the dog owner. So, when Animal Control is out working with dog owners, do you have really clear guidelines, and directions, and law so you can actually go to the dog owner and say, it's not about the dog owner, it's about you. Do you have enough guidance to be able to work with the dog owners? MR. RUNNELLS: I mean we have limited guidance as far as the owners themselves. You know, our concern mostly is with the dogs themselves. If they get to a point that we need to address the owner, or if it gets to a point that there is an incident, for instance, then that also involves the police as well. So, it's kind of a team effort, but at the same time, we have different concerns to address when it comes to the individual dog incidences and the dogs themselves. MS. EVANS: Okay, so I personally like that we're moving towards the dog owners because, you know, it's like there's no such thing as a bad dog. It could Page 22 GOEAC-25 February 6,2024 be what happened to that dog and growing up with the dog; and you know, abandonment and abuse of the dog. You know,just made it this horrible dog that's biting and vicious, right? Page 23 GOEAC-25 February 6,2024 So, I just encourage you to look at the ordinance. I'm very strongly supportive of it, and I think there's opportunity maybe in Council as we move forward over the next couple weeks, to really amend it and make it a lot moreagain, Chapter 142 and how do we get it more focused on dog owners. To the author, I encourage you in the last`BE IT RESOLVED,"to share this with the other County Council, the Chairs and Members of the other three Councils in the State, so we get hopefully, a collective voice of actually to all four County Prosecuting Attorneys. Because we really have a great testimony from our Prosecuting Attorney about this and people's concerns about dog owners not having that responsibility of keeping what they know as aggressive dog behavior contained. And what does that mean? MR. RUNNELLS: As far as the behavior itself, you know, it's very hard to define aggression, as opposed to a guard dog that, that's his job on his property. Once it leaves its property, if that behavior still exists within the dog, if it's trained to be. And so, identification with the dog, also we have to encompass it also with education to the owners themselves, and that starts way before, you know, at the very moment the person buys the dog. So, it goes all the way back to our adoption or also our puppy purchases. It goes all the way back to the beginning, and that ultimately has to be education. MS. EVANS: Okay, thank you. And I just wanted to close and say, when COVID (Coronavirus disease) came a lot of people were dumping their dogs on the highways and dumping them off at shelters. The Waimea shelter got closed down, and I have my community that said, we really need sheltering because having these dogs, which again, we're talking about packs and wild dogs. Part of it is because people were dumping dogs because they couldn't afford dog food or taking care of the dogs. And they weren't willing to take it to the shelter or go sit at the grocery store and say, "Here's a puppy." You know, they were just dumping dogs. So, we ended up having a lot of problems with these roaming dogs right now, and I know we're going into budget, but it would be interesting to see when you come up and talk to us, to the Council during budget, how we'll start looking at the fact that we have an explosion of these dogs that are out there because, you know, maybe we just don't have—maybe the service or ability to take all of them in. MR. RUNNELLS: I am excited to discuss that with you. MS. EVANS: Okay, thank you. Member Kagiwada. Page 24 GOEAC-25 February 6,2024 MS. KAGIWADA: Thank you so much and thank you both for being here. I did provide the Administrator with an advance copy of this resolution and appreciate that you've had many conversations about some of these issues. I'll check back in with you, maybe with some additional wording before we get to Council with this resolution. And appreciate it. I just wanted to mention that Chapter 142 in the HRS (Hawai`i Revised Statutes) is really the only place at the State level that deals with dogs. So, I think we have room within Chapter 142 to do what we talked about as far as I heard, maybe supporting this one bill and broadening the intent that aligns with our current County ordinance, whatever bill form it ends up being in, that's what I heard. So, I will try to do that as well. Thank you so much everybody, appreciate it. MS. EVANS: Thank you. Any further discussion? Seeing none, we have a motion on the floor. All in favor? Any opposed? Vote on Res. 430-24: The motion to recommend adoption of Res. 430-24 was (Approved) carried by the following voice vote: Ayes: Committee Members Inaba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Evans —7. Noes: None. Absent: Committee Members Galimba and Kaneali`i-Kleinfelder—2. Excused: None. Page 25 GOEAC-25 February 6,2024 ADJOURN- There being no further business, at 11:15 a.m., Mr. Inaba moved to MENT: adjourn the meeting. Seconded by Ms. Kagiwada and carried by the following voice vote: Ayes: Committee Members Inaba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Evans—7. Noes: None. Absent: Committee Members Galimba and Kaneali`i-Kleinfelder—2. Excused: None. CHR. EVANS: We are adjourned at 11:15 (a.m.). Approved: -/ 3(2®ZV- Ms. Cindy Evans, Chair (Date) Committee on Governmental Operations and External Affairs CE/dt Page 24