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HomeMy WebLinkAboutMIN COUNCIL 2024-04-03 2022-2024 Hawaii County Council 351h Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii April 3, 2024 INVOCATION: Pastor Ron Brav of Calvary Chapel Hilo 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 Ms. Heather L. Kimball, Chair. ROLL CALL: Present: Ms. Heather L. Kimball, Chair Mr. Holeka Goro Inaba, Vice Chair Ms. Cindy Evans, Member Ms. Michelle M. Galimba, Member Ms. Jenn Kagiwada, Member Mr. Matt Kaneali`i-Kleinfelder, Member (came in later) Ms. Ashley L. Kierkiewicz, Member Ms. Rebecca Villegas, Member Absent& Excused: Ms. Susan L. K. Lee Loy, 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 April 2024 Haweo Award to EXPRESSIONS OF Detective Derek Morimoto of the Hawaii Police Department.) CONDOLENCE: Recess: At 9:13 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:16 a.m. Hawaii County Council-35 April 3,2024 STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Amy Lee: Res. 465-24 (Comm. 1091), in support. (representing Hawaii Care Choices) Andrea Wernli: Res. 467-24 (Comm. 1091), in support. (representing Hawaii Island Adult Care, Incorporated) Colonel Deb Lewis: Res. 467-24 (Comm. 1093), in support. Michael Allen: Bill 139 (Comm. 763), in support. Kawehi Young: Res. 470-24 (Comm. 794), in support. (representing Big Island Invasive (See Comm. 794.1) Species Committee) Alyssa Leinani Lozi: Res. 466-24 (Comm. 790), in support. Shalaye Newman: Bill 139 (Comm. 763), in support. Layla Beatte: Bill 139 (Comm. 763), in support. Violet Beatte: Bill 139 (Comm. 763), in support. Sylvia Dolena: Bill 139 (Comm. 763), comment. (representing Aloha Animal (See Comm. 763.8) Advocates) APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Chair Kimball announced that the Minutes of February 7, 2024, were approved. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order: Page 2 Hawaii County Council-35 April 3,2024 Res. 465-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HOSPICE OF HILO FOR ITS 20TH ANNUAL CELEBRATION OF LIFE Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 789 Intr. by: Ms. Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 465-24. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: Thank you. You heard some testimony today. This is an event that's become very beloved for our community and very important. So just looking for your support so that we can support this great event. Thank you. CHR. KIMBALL: Thank you, Council Member. Any further discussion? Council Member Villegas. MS. VILLEGAS: I just have a quick question about the event because I've always wondered, with these beautiful lanterns being released, are they then gathered up afterwards? Or do they float out to sea? What ends up happening with all of the lanterns? CHR. KIMBALL: I don't know if we still have our testifier on the line from Hospice. Looks like she may have MS. KAGIWADA: I don't know but I'll find out for you. MS. VILLEGAS: That would be great. Thank you. CHR. KIMBALL: It is my understanding that they collect them. All right, any further questions? All right, all those in favor of adopting Resolution 465-24, please say "aye." Page 3 Hawaii County Council-35 April 3,2024 Vote on Res. 465-24: The motion to adopt Res. 465-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Lee Loy — 1. Excused: None. Res. 466-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE GRASSROOTS COMMUNITY DEVELOPMENT GROUP FOR THE 2024 HILO LEI DAY FESTIVAL 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. 790 Intr. by: Ms. Kagiwada (Note: Comm. 790.1, from Council Member Jenn Kagiwada dated April 2, 2024, transmitting proposed amendments to Res. 466-24, was circulated.) Motion to Approve: Ms. Kagiwada moved to adopt Res. 466-24. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: Thank you so much. Another really wonderful event that we have here in Hilo. All are welcome. Yeah. I just want to say that there was some question by Corporation Counsel about the need for, say, the videography on this. The event always happens on May 1st. So May 1st often ends up falling on a weekday in the middle of the day. So the videography is really just to allow people to participate who can't leave work and would otherwise not be able to have a connection to the event. So thank you so much. I look for all your support. CHR. KIMBALL: Thank you, Council Member Kagiwada. Any further discussion on this? Seeing none, all those in favor please say "aye." Page 4 Hawaii County Council-35 April 3,2024 Vote on Res. 466-24: The motion to adopt Res. 466-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Lee Loy — 1. Excused: None. Res. 467-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII ISLAND ADULT CARE FOR ITS CARE-OKE FOR KUPUNA EVENT Transfers $9,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Office of Aging, Other Current Expenses account. Reference: Comm. 791 Intr. by: Ms. Kagiwada (Note: Comm. 791.1, from Council Member Jenn Kagiwada dated April 2, 2024, transmitting proposed amendments to Res. 467-24, was circulated.) Motion to Approve: Ms. Kagiwada moved to adopt Res. 467-24. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: Thank you so much. I actually have an amendment to this resolution. Motion to Amend: Ms. Kagiwada moved to amend Res. 467-24 with the contents of Comm. 791.1. Seconded by Ms. Villegas. CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: Thank you. Once again,just in discussions with our Corporation Counsel, there were a few items that they felt were not directly related to public benefit for the original CRF (Contingency Relief Fund)that we wrote. So we are striking a few of those items out, such as the graphic designer, social media advertising, marketing, and radio advertising. We feel like the other parts that we've left in are all still a social benefit. Thank you and look forward to your support. Page 5 Hawaii County Council-35 April 3,2024 CHR. KIMBALL: Thank you, Council Member Kagiwada. Any further discussion on the amendment? I actually did want to ask a question about this removal of media advertising and marketing, whatnot. Was that particular to this event, or were you advised that those types of items should not be covered by CRF funds as a public benefit in general? MS. KAGIWADA: I think it's the latter. Yes. In general, the actual, I guess, designing of the social media, advertising, and marketing, that those areI know these are things that we've, in the past, been able to fund with our CRF, but for this particular one I was advised that those were maybe not the best things to support with CRF. And it seems like, you know, I know we're all experiencing this with the things that have been changing. So things that we put in just a year ago are now being questioned. So,just out of an abundance of caution, yeah, taking out those things in this case. CHR. KIMBALL: I'd actually like Corporation Counsel to weigh in on that really quickly just because, personally, I see marketing and providing information about an event, if you don't let people know it's happening, how are they going to know to come? And it does actually serve part of the public purpose. So I would disagree that this is necessary to remove based on the guidelines, and for contingency relief funds. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Thank you. Good morning. Elizabeth Strance, Corporation Counsel. The distinction that we're drawing is there seems to be a belief that if there's an event that's a good idea, that the event will generate—well, that the public would appreciate that any expense related to that should be a proper use of CRF funds. But the public use doctrine requires there to be a pretty direct link. And so the starting point about giving money away is you can't do it. You can't. It's a violation of public trust doctrine to make donations or to give gratuities. So that's the starting point. And so the CRF and the grant programs are exceptions to those rules, that the government has carved out to say that there are certain public purposes that benefit the public. And so, making sure that there's some sort of tangible benefit I mean, the organization is going to do an event and it's up to the organization, really, to get people there. Once they're there, if there's really a tangible benefit. So, with Council Member Kagiwada, we certainly went back and forth on the videography and live stream. That's an accessibility issue. And so people who wouldn't otherwise be able to come can come. In listening to the testimony today, for example, there's descriptions of events that are cultural, and those fall within those categories that you all have authorized under the County Code. But when we start talking about giving money to Page 6 Hawaii County Council-35 April 3,2024 organizations or fundraising, then the benefit to the public, there's a benefit for them to be successful, but that benefit then becomes indirect. So the law will distinguish between direct and indirect. So we've been asked to, like, "Give us a list of the things that we can and cannot do." And it's not always that easy because, for example, on the videography and the live stream, if it's totally fundraising-oriented, like the muscular dystrophy type of telethon sort of thing, that is just about to raise awareness, but it's really about fundraising. And so, on these events, what we've been looking at is how is the money going to be used, and what is that connection to the community. And when a person comes, how do they benefit. I think that if you stop at, "Is this a good idea,"then we still don't get into the granular on how the funds directly benefit the community. If this body wants to create criteria and say, "These items we think are public purpose," and you state why, then the law suggests that the courts should not get real involved in it. My concern about this body generally is that there is very little discernment as to how money is spent. If a member asks could CRF monies be used for a certain purpose, there's almost no discussion about how the money is going to be spent because the event is a good idea. But that's not really where the discussion ends. So we've been trying to develop a little bit more criteria and to try to have discussions with Council Members where the documents for these resolutions aren't that clear. And so, not meaning to pick on you, Council Member Kagiwada, but just a recency thing. And so, the discussion about live streaming, it was "Can we do that?" We had a discussion with another member about graphic design. So part of that is promotional, and so the inclination is that it can't be done. But if that graphic designer was hired because you're trying to get sight-impaired people to come to the event, then it's really about this benefit to people who wouldn't otherwise be able to come. And so CHR. KIMBALL: I'm going to stop you right there because I think you answered the question, which is marketing/advertising could potentially still be covered by CRF if we can provide that nexus that there is a public purpose, and not in a scenario where it is intended for something that would provide a secondary benefit, like a fundraising-type activity. So your conclusion on this particular resolution is not meant to say all marketing and advertising would be prohibited to be an expanse in the CRF resolutions. It's just that unless the public purpose nexus can be identified, then it would be prohibited. MS. STRANCE: I think there would be fairly narrow circumstances where that would be true. If the advertising and promotion are kind of public informational Page 7 Hawaii County Council-35 April 3,2024 types of pieces and that's the primary piece, and then it's secondary to let people know that there's an event, then I think we would have to look more carefully at that. But, so, yes. CHR. KIMBALL: All right, I don't want to delve into this too far. I know Vice Chair Inaba is working a little bit on this part of the Code for greater clarity, but Council Member Kierkiewicz, did you want to weigh in? MS. KIERKIEWICZ: I did. Thank you, Chair. I just want to emphasize the importance of this body having a very clear list of things that can and cannot be funded. Because when members of the public apply for contingency funds or a Waiwai Grant or any County grant, I feel like they're getting mixed messages depending on which grants they apply for. And as weI thank you for the latitude, Chair—but we are moving into now scoring applications for the Waiwai Grant, and now I feel a bit uneasy as to how we are going to score and make awards because we're still very fuzzy because there isn't any guidance from Corporation Counsel. And I'm really struggling here because you're talking about public purpose, Judge Strance. The Mayor is coordinating a sustainability summit, hiring consultants that don't live on our island to create marketing materials for an event that is not open to the public. So I'm really struggling to understand what exactly is public purpose, because it seems like there are different standards and criteria that are being set for the Council that are not being abided by by the Administration. And I'll leave it at that. Thank you. CHR. KIMBALL: Thank you, Council Member. Did you have a response? MS. STRANCE: Not having evaluated everything, different pots of money can be used differently. Right now, we're talking about CRF funds, and that's something that I can comment on now because I've been looking at it and I was asked a specific question about it. I think myI don't want to overstep my rule and say all the things you can and cannot do. I step in mostly because you folks don't have a conversation about it, and so I'm just left with a category. And so there are going to be some things where you say not normally but here "yes." And if this body wants to create a list, I'm happy to work with this body on doing so if that's the kind of clarity that you need. But there's some things that are legal and there's some things discretionary, and I'm trying to be mindful about my role. But it would be better if this body were to create a list and then it can be black and white, and I don't have to do a case-by-case assessment for each CRF request. CHR. KIMBALL: Vice Chair Inaba, don't you have a comment? MR. INABA: Yeah, I think we've had a discussion. I'm ready to vote on the amendment. Page 8 Hawaii County Council-35 April 3,2024 CHR. KIMBALL: Thank you. I'll just summarize by commenting that one of the things that I think I'm hearing from Corporation Counsel here is an ask for us to evaluate on the dais each of these CRFs on our own, in addition to their input. So we'll make sure to do that. All those in favor—yes? MS. EVANS: So, Chair, to the author of the resolution, what is your recommendation? MS. KAGIWADA: So, at this point, I've asked for this amendment that strikes out several of the things that Corporation Counsel—I've worked with the organization, and they understand that we've had this back and forth. And so we've struck out a few things that we think can be struck out and make it more in line with what we talked about with Corporation Counsel. MS. EVANS: Okay, thank you. I yield. MS. KAGIWADA: Thanks. CHR. KIMBALL: Thank you. With that, we will vote on the amendment. So, all those in favor of amending Resolution 467-24 with the contents of Communication 791.1,please say "aye." Vote on Motion to The motion to amend Res. 467-24 with the contents of Amend: Comm. 791.1 was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball –7. Noes: Council Member Inaba– 1. Absent: Council Member Lee Loy – 1. Excused: None. Vote on Motion to Mr. Inaba moved to suspend Council Rule 23 to waive the Suspend Council holdover for the substantive amendment of Res. 467-24. Rules: Seconded by Ms. Galimba and carried by the following (Approved) voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball–8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. CHR. KIMBALL: Back to the main motion, the adoption of Resolution 467-24, as amended. Any further discussion? Council Member Kagiwada. Page 9 Hawaii County Council-35 April 3,2024 MS. KAGIWADA: Just you heard about this great event. Looking to become, I think, one of these maybe an annual event that is a fun event for the public. And so it happens to also have a fundraising component. But, yes, a free event for the public. So, looking for your support. CHR. KIMBALL: Thank you. All those in favor of adopting Resolution 467-24, as amended, please say "aye." Vote on Res. 467-24: The motion to adopt Res. 467-24, as amended to Draft 2, Draft 2 was carried by the following voice vote: (Adopted) Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Lee Loy — 1. Excused: None. GOEAC-121 NOMINATION OF TYLER PACHECO TO THE TRANSPORTATION (Comm. 740): COMMISSION Negative Recommendation: Due to a vote of 3-ayes, 6-noes CHR. KIMBALL: Thank you, Mr. Clerk. We have Deputy Managing Director Command in Kona. Managing Director, I understand we have a withdrawal from the Mayor's office of this nominee. (Note: At this time, Deputy Managing Director Robert Command came forward to address the members of the Council.) MR. COMMAND: Yes, we do. Thank you, Chair Kimball and Council Members. We received an email from Mr. Pacheco that he no longer wishes to be considered for the position of commissioner on the Transportation Commission. CHR. KIMBALL: Thank you very much, Managing Director. So, with that, this nomination is withdrawn and will be followed up by a communication from the Administration to that effect. So this item, I believe there's no motion necessary. MR. HENRICKS: Unless there are any objections from the body. CHR. KIMBALL: Are there any objections from the body from removing this from the agenda today? MS. EVANS: A question, Chair? Page 10 Hawaii County Council-35 April 3,2024 CHR. KIMBALL: Yes. MS. EVANS: Just a question. So will the communication have to come to us, or it will just—? CHR. KIMBALL: No, it will just be sent out to you folks as ait will be filed in the document system and attached to the initial nomination, but will just be sent out as a communication. MS. EVANS: Okay, thank you. CHR. KIMBALL: Yeah, thank you. MR. COMMAND: And we will prepare that tomorrow. CHR. KIMBALL: Great. Thank you, Managing Director. MR. COMMAND: Thanks for taking me out of order. Withdraw Comm. 740 is withdrawn. Comm. 740: CHR. KIMBALL: Thank you. All right, with that—yes? Point of Information: MR. KANEALI`I-KLEINFELDER: Chair,just a point of information. The question was asked about the lanterns for the Hawaii Island Adult Care event. They collect them all, then they have a ceremonial burning after the fact. They're not left in the ocean. Just wanted to put that out there for everybody. CHR. KIMBALL: All right. Thank you. MR. KANEALI`I-KLEINFELDER: Thank you. Comm. 627.27: MAYOR'S VETO MESSAGE REGARDING BILL 109, DRAFT 4, RELATING TO TERM OF OFFICE OF DEPARTMENT HEADS From Mayor Mitchell D. Roth, dated March 19, 2024, returning Bill 109, Draft 4, and stating his reason for disapproval. ; and Comm. 627.28: REQUEST TO RECONSIDER BILL 109, DRAFT 4, RELATING TO TERM OF OFFICE OF DEPARTMENT HEADS From Council Member Holeka Goro Inaba and Council Member Rebecca Villegas, dated March 26, 2024, requesting that Bill 109, Draft 4, be placed on the April 3, 2024, Council agenda for reconsideration and a potential override of the Mayor's disapproval. Page 11 Hawaii County Council-35 April 3,2024 ; and Bill 109: INITIATES AN AMENDMENT TO ARTICLE XIII, SECTION 13-8 OF THE (Draft 4) HAWAII COUNTY CHARTER(2022 EDITION), RELATING TO TERM OF OFFICE OF DEPARTMENT HEADS Proposes to revise the County Charter to require the Mayor to appoint department heads within 30 days of taking office and within 60 days of any vacancy occurring during the Mayor's term of office. Reference: Comm. 627.23 Intr. by: Mr. Inaba and Ms. Villegas First Reading: January 10, 2024 Second Reading: January 24, 2024 Postponed: February 7, 2024 Held Over Pursuant to Council Rule 23(1)(d): February 21, 2024 Third Reading: March 6, 2024 2/3 Vote: Three required readings, Section 15-1(a), Hawai`i County Charter Mayor Veto: March 19, 2024 Note: Requires 2/3 vote of the entire membership to override the Mayor's veto, pursuant to Section 3-12, Hawaii County Charter CHR. KIMBALL: Vice Chair Inaba. MR. INABA: Thank you. Mr. Clerk, would the correct motion be to approve Bill 109, Draft 4? MR. HENRICKS: The motion that would be made at this point in time would be to move to reconsider the vote on Bill 109, Draft 4, pursuant to Section 3-12 of the Hawaii County Charter. MR. INABA: Thank you. Motion to Mr. Inaba moved to reconsider the vote taken on Bill 109, Reconsider: Draft 4, during the meeting of March 6, 2024. Seconded by Ms. Villegas. MR. INABA: Thank you. We do have Managing Director Sako here on behalf of the Mayor, I believe. So I would like to give the opportunity before I make my comments. Page 12 Hawaii County Council-35 April 3,2024 MR. HENRICKS: Prior to any deliberations, I just want to remind people what the process is. I know we've kind of done this recently. But this motion to reconsider is simply that. It requires a simple majority vote for a successful motion. And if it is successful, it would bring Bill 109, Draft 4, back to the floor in the same position it was prior to it being voted on at third and final reading. MR. INABA: Thank you, Mr. Clerk. With that, I ask for my colleagues' support to be able to discuss this and bring it back to the floor. So if we could vote on the reconsideration, Chair. Thank you. CHR. KIMBALL: Any further discussion on reconsideration? All right, seeing none, all those in favor please say "aye." Vote on Motion to The motion to reconsider the vote taken on Bill 109, Reconsider: Draft 4, was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball–8. Noes: None. Absent: Council Member Lee Loy – 1. Excused: None. CHR. KIMBALL: That brings Bill 109, Draft 4, back to discussion. I'll pass it back to you, Vice Chair. MR. INABA: Thank you. Motion to Approve: Mr. Inaba moved to pass Bill 109, Draft 4, on third and final reading. Seconded by Ms. Villegas. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: Thank you and apologies for not having the order figured out. Managing Director Sako, if you'd like to make any comment on the Mayor's stance with this bill? (Note: At this time, Managing Director Deanna Sako came forward to address the members of the Council.) MS. SAKO: Good morning. Thank you for the opportunity. On behalf of Mayor Roth,just wanting to point out it's not always easy to find MR. HENRICKS: I'm so sorry, Managing Director Sako. MS. SAKO: Managing Director Deanna Sako is out. Do you want—? Page 13 Hawaii County Council-35 April 3,2024 MR. HENRICKS: No, no, not at all, but that's always a nice touch. Just I believe the motion should actually be to override the Mayor's disapproval just to be clear. Withdraw Motion Mr. Inaba withdrew his motion to pass Bill 109, Draft 4, on to Approve: third and final reading. Motion to Override: Mr. Inaba moved to override the Mayor's veto of Bill 109, Draft 4. Seconded by Ms. Villegas. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: Thank you. Managing Director Sako. MS. SAKO: Yeah, this doesn't happen too often so thank you. So, anyway, I think the Mayor's point is primarily that it's difficult to find qualified candidates. And so, even when they went out, the commissions went out for like police chief or fire chief or director of human resources, most of those hirings took four months or more. Most of the positions are filled in a timely manner, so we weren't sure if there was opportunities where you thought that it didn't happen in a timely manner, but just wanting the latitude or flexibility to be able to take a little bit of time and do nationwide searches if needed. And some of our more critical or difficult-to-fill positions, like requiring engineer licenses and things like that. But, overall, the Mayor's laid out his points in his veto message. MR. INABA: Thank you, Managing Director Sako. So, with that,just want to point out again to this body, we worked through Bill 109 from its initial stage where appointees couldn't start office until confirmed by the Council. And where we finally got to and landed was that they can start as they currently do, upon appointment by the Mayor. But there is a loophole right now. I'm concerned that, based on the discussions that we've had, we've highlighted this loophole where current directors or agency heads could hold over. There is no clear language as to having everyone come before the Council at the beginning of every mayoral term. And this body passed this bill as a way to give a voice to the people and to this Council when we need to reappoint potentially, or appoint for the first time, any director or agency head. I'll just comment that I find it a little disturbing that this Council has passed something out to the voters, and singlehandedly, the Mayor is attempting to silence the voters' choice in this matter. It almost makes it look like there is intention to use the loophole and that we might not see some of the current sitting department heads come before us for appointment should this Administration be reelected. So I ask for your support in this override, and to put it out to the public for their thoughts and their mana`o. Mahalo. Page 14 Hawaii County Council-35 April 3,2024 CHR. KIMBALL: Thank you, Vice Chair Inaba. I'm not sure who was first. I will go with Council Member Kagiwada. MS. KAGIWADA: Thank you. Just a question. Given what Managing Director Sako said, is there somethingI don't see it here but maybe it's somewhere else in the Code. What happens if the Mayor does not appoint someone within that 30 days or 60 days? MR. INABA: There is no provision in the current Charter or in this bill, and maybe Corporation Counsel could answer that. The Mayor would be in violation of the Charter and his or her duty. MS. KAGIWADA: Okay. So it doesn't sound like that's a huge place we're trying to bring a hammer down is that 30-day window so much. It's really this other loophole we're trying to close. So I'm just wondering if this is the sticking point. It doesn't sound like it's really a major issue for us, or for the makers of this proposal, the 30 days. That wasn't the main thing. We were just trying to get the process going, right? That's why you wanted to do the 30 days? MR. INABA: The 30 days exist because, at the beginning of a mayoral term, the Mayor should have a cabinet ready to go, and we need to ensure that the Council has a say on whether to confirm or reject an appointment to an agency head position. So that's why the 30 days is there. And there is language in other charters in the State regarding "60 days should a vacancy occur later in a mayor's term." MS. KAGIWADA: Right, like an unexpected vacancy. Okay. MR. INABA: Yes. MS. KAGIWADA: Thank you so much. Thank you. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. Definitely in support of moving this forward to the voters, and thank you for your work on this and your comments to Member Inaba. I believe that the deputies step up to the plate when there's a vacancy on a department head. So I do think it's the departments move on and they have administrative authority through probably the deputies to continue the work until someone has been chosen. What's interesting to me is that the Mayor does get elected in November, and this is talking about 30 days when they take office. So, in reality, they have 60 days. And I have to believe when you're campaigning and you want to lead a county, you're thinking about"How do I run this," "Who do I feel is best qualified," "Do we have people on the island that might be able to step up to the plate?" If you Page 15 Hawaii County Council-35 April 3,2024 don't believe that and you have a different vision for the county, then I think you're already your mindset, you're already in that. So I think this is really a good direction. And like you said, let's let the voters make that decision. So thank you, I yield. CHR. KIMBALL: Thank you, Council Member Evans. Any further discussion on the item? Council Member Villegas. MS. VILLEGAS: Thank you, Council Member Inaba, for articulating so effectively what the concerns have been and the perception. Thank you also, Deanna, for being here. We had a number of conversations about the first iteration of the bill and the original intention of it. So I feel like somehow it's been—it still solved an issue that we recognized needed to be solved. The intention is to take it to the people as a potential Charter amendment, and to close a loophole. When I look at historically—when mayors get elected, part of the campaigning politics is finding your people to run your departments beforehand. I have never seen a mayor come in that did not already have his cabinet chosen. And the concept of a mayor being reelected and then they don't have to bring the cabinet before us right now for when they get reelected for us to once again confirm their nominations, this fixes that and requires that, which I think is wise. And we had long conversations up here yesterday about council member terms and the accountability that's required by keeping us in front of the public and in front of one another. And I think this is that opportunity for department heads. So I kind of call baloney on the veto letter. My apologies. Very sophisticated language this morning. But I don't think that that's a viable reason to veto this legislation and deny our community opportunity to vote on this. And I don't believe that if what's being addressed in the veto letter, in my mind, relates more to, let's say, when our transportation administrator resigned and moved and then we had to find another transportation administrator. That is not related to appointments at a time of election and taking office and confirmation of department heads. That's just in the daily you never know when somebody's going to come or go. So I really want to clarify that and delineate that because the intention of this piece of legislation is related to a time of election and appointment of department heads. So I just ask for our colleagues' support in this, and giving our community and the people an opportunity to weigh in and decide. I yield. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I will be supporting overriding the Mayor's veto. I think everybody knows I wasn't a huge fan of the first iteration of the bill, but I've gotten to really grow to appreciate the much-needed clarity that is being provided in Draft 3. The fact of the matter is when you're elected to Page 16 Hawaii County Council-35 April 3,2024 serve as mayor, you should be ready to go with your directors picked out on Day 1. The people's business does not wait. And so they should be ready to go. And if the mayor is reelected, I really do appreciate and I think this body would appreciate the opportunity to have a check in,just to have a check in to make sure that we are solid with the leadership that has been appointed for a particular department. And so this is our way of ensuring that there's a check and balance and accountability in the system. So I will be supporting the veto override. Thank you. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Council Member Galimba. MS. GALIMBA: Thank you. Yeah, I actually, because of the timing of events, I haven't really had to chime in on this for a while. And I definitely do appreciate the changes and the evolution of it, and sort of in spirit don't object to the language. But I guess, for me, I'm a practical person. So, when you say the mayor shall, that's like "shall." That's not should. So shall. So, if he doesn't, if for whatever reason there's somebody that gets sick, like definitely sick, on Day 29 and he can't fill it, what happens? I don't know if Deanna or Judge StranceI just want toI think it's a relevant question. It could happen. And what happens then? (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Good morning. Elizabeth Strance, Corporation Counsel. The word "shall" in legislation can have one of two meanings. One is mandatory and one is directory. And the difference usually is it's mandatory if a consequence or result is written into the law. It's directory if it's not. So the way that this Charter amendment is written, it's directory because there's no result that follows. MS. GALIMBA: Awesome. Thank you very much. I can totally support. CHR. KIMBALL: Thank you, Council Member Galimba. Anyone else? Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Betsy, don't go anywhere. Ms. Strance? Thank you. It's always important to note how much words matter. Where in this Bill 109, Draft 4, does it bring the sitting directors during the time of reelection back in front of us for their confirmation? MS. STRANCE: The way that the Charter is written is that appointments are coterminous with the mayor. So that means those appointments are per term. And so the way that the Charter is written is that they come up for reappointment at each term. Page 17 Hawaii County Council-35 April 3,2024 MR. KANEALI`I-KLEINFELDER: So, if this year Mitch does get back in, he would have to bring all of his director heads back in front of us for confirmation hearings? MS. STRANCE: Those that are mayoral appointees, yes. MR. KANEALI`I-KLEINFELDER: That he chooses to appoint back to their position. MS. STRANCE: Correct. MR. KANEALI`I-KLEINFELDER: And he'd have to submit that to the Council. MS. STRANCE: Correct. MR. KANEALI`I-KLEINFELDER: And then we'd go through the confirmation hearings again. MS. STRANCE: Yes. MR. KANEALI`I-KLEINFELDER: That existsI'm looking at the original Section 13-8: "The term of office of department heads, deputies and assistants shall be coterminous with that of the appointing authority . . . ." Would that not be the same language that was already in? MS. STRANCE: Yes. MR. KANEALI`I-KLEINFELDER: Has that always been the way we've done business at everyI don't know that I remember doing that with the switch from Harry to Mitch. MS. STRANCE: I know I went through it. MR. KANEALI`I-KLEINFELDER: Oh, no we did. Yeah, we did do that. And before that? Maybe I wasn't here before that when they did the transition from Harry to Harry. CHR. KIMBALL: He only did one term. It would have been Billy Kenoi. MR. KANEALI`I-KLEINFELDER: Interesting. So it's always been like that. So this doesn't change the way we do the appointments between the same administration. MS. STRANCE: I don't know what the practice is. My understanding is it closes a theoretical loophole primarily if a vacancy were to occur during a term. It would put a deadline on when the mayor would have to come back in before this Page 18 Hawaii County Council-35 April 3,2024 body to fill a vacancy. I don't know all ofI don't want to read the mind of the maker, but the bill addresses two types of vacancies, one upon taking office and one when a vacancy would occur during the term. So it's the 30 and 60. MR. KANEALI`I-KLEINFELDER: Okay. Thank you. I'll be supporting the override today. I was thinking about Aaron Chung yesterday because he came in—he's such a nice gentleman threatening to take us to the Board of Ethics. I was thinking about him. He always pushed the idea that there should be a way for the Council to have a little bit more say on the department heads and I appreciated that. I think he floated the idea of doing a supermajority vote to remove a department head that has not—kind of fulfilling what the Council or the general public sees as being purposeful for getting things done. And I respect that a lot because that gives the Council a little bit more say in what's happening within government, and a little bit of accountability for the directors of the different departments. And this is nothing against the folks sitting in office or appointed right now. It just provides a little bit of accountability back and forth. I don't know that I really concur with the letter sent over by the Mayor's office. And I do agree with my counterparts that walking in to take over as the Mayor of the County, you should have a fairly strong cabinet in mind. And maybe there's some folks you couldn't fill or something happened, but you've got to be able to bring those folks in and get the ball rolling because four years goes by real quick. The one thing that I wish we could address is just having the continuity of leadership. That, to me, is the biggest shortcoming of our Charter, is ensuring that there's a streamlined transition from one administration to the next which leaves no gaps in what the public receives. And even with this amendment, I don't see that, and I wish we could instill some way of reinforcing the transition of leadership from administration to administration, new department heads to new department heads seamlessly so that there's never a gap in the way things are done. There's never a hard transition for our staff in different departments, and the public never sees that glitch that we've seen as department heads take over. And that would be beautiful. But, regardless, this has my support today. So thank you for bringing this back to our decision-making ability, Mr. Inaba and Mrs. Villegas, Mr. Villegas. And then to the Mayor, I appreciate your response and I hope you're watching, but yeah, just I think we see things a little bit differently. Thank you. I yield. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Any further discussion? All right, the motion on the floor is to override the Mayor's veto of Bill 109, Draft 4. All those in favor, please say "aye." Page 19 Hawaii County Council-35 April 3,2024 Vote on Motion to The motion to override the Mayor's veto of Bill 109, Override: Draft 4, was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Lee Loy — 1. Excused: None. CHR. KIMBALL: Thank you, Director Sako. With that, we will MS. EVANS: Chair, do you mind? Can we take a five-, ten-minute break? CHR. KIMBALL: Sure. We will take a break until that clock I don't think is right a five-minute break to 10:33. MS. EVANS: Thank you. Recess: At 10:28 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 10:35 a.m. Return to Order The Chair directed the Council to return to the order of business. of Business: ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. (Note: Items in this category were taken up previously, out of order.) Res. 450-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT IN THE GEOTHERMAL RELOCATION AND COMMUNITY BENEFITS FUND TO ENHANCE THE FACILITIES AND PARK GROUNDS AT THE WILLIAM "BILLY" KENOI DISTRICT PARK Allocates $37,000 for improvements to the Pahoa Aquatic Center, appliances and equipment for the Pahoa Neighborhood Facility, and the addition of memorial plaques honoring the contributions made by Mayor William `Billy" Kenoi and Madie Greene. Reference: Comm. 762 Intr. by: Ms. Kierkiewicz Approve: FC-148 Page 20 Hawaii County Council-35 April 3,2024 Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 450-24 and Finance Committee Report No. 148. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I just want to take a moment to mahalo nui Parks and Recreation for their support, and specifically Dorothy Staskawicz who is a swim coach in Pahoa who came forward and let us know about the tremendous needs for our Pahoa Aquatic Center. And with these investments, we'll be able to position Pahoa Town to be a focal point for statewide swim meets as well as national competition, and that would in and of itself provide for a lot of great sense of community pride and also help to support a lot of the local businesses that do really need support from visitors and residents. In addition, in speaking with some of the staff at the district park gym, there were some amenity needs for the concession areas that would enhance the overall experience of our residents when they do rent out those facilities. And also just want to take a moment to ensure that we pay proper tribute to the park's namesake, our iron mayor, former Mayor Billy Kenoi, who has a kou tree also planted in his honor. But to also honor Aunty Madie Greene, unofficial mayor of Pahoa Town, mana wahine of Puna who made Nanawale her heart's home. She was a tremendous force for the Puna community and also was very instrumental in ensuring that that district park was built in Pahoa. So, again, a tree and a memorial plaque for her honor and contribution. So just looking for everyone's continued support. Thank you. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. I just want to mahalo you for recognizing Madie Greene. I remember visiting during the eruption when she was down there operating their hub, and boy, she's just a firecracker. So we'll definitely miss her. With that, all those in favor of adopting Resolution 450-24, please say "aye." Vote on Res. 450-24: The motion to adopt Res. 450-24 and Finance Committee (Adopted) Report No. 148 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kierkiewicz, and Chair Kimball —5. Noes: None. Absent: Council Members Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, and Villegas —4. Excused: None. Page 21 Hawaii County Council-35 April 3,2024 Res. 451-24: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR LEASES OF THREE FIRE APPARATUS FOR THE FIRE DEPARTMENT Authorizes the Mayor to enter into five-year lease agreements with an approximate monthly cost of$27,998 for a replacement hazmat truck for the Kaumana Fire Station and an approximate monthly cost of$37,330 for two replacement engines for the Pahoa and Volcano Fire Stations. Reference: Comm. 765 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-149 Motion to Approve: Mr. Inaba moved to adopt Res. 451-24 and Finance Committee Report No. 149. Seconded by Ms. Galimba. CHR. KIMBALL: Any discussion? MS. KIERKIEWICZ: Chair, I just want to take a moment to thank Chief Darren Okinaka for ensuring that our first responders have all of the equipment and apparatus they need so that they can do their jobs effectively and efficiently and safely. So thank you. I know there's going to be tremendous positive benefit to the Puna community, Volcano region, and then also the greater Hilo area with the investment of the hazmat truck for Kaumana. So thank you, Chief, for making this happen. I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 451-24: The motion to adopt Res. 451-24 and Finance Committee (Adopted) Report No. 149 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kierkiewicz, and Chair Kimball —5. Noes: None. Absent: Council Members Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, and Villegas —4. Excused: None. Page 22 Hawaii County Council-35 April 3,2024 Res. 452-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH ARIZONA STATE UNIVERSITY Authorizes the Department of Research and Development to collaborate with Arizona State University to assist with the department's intervention of Public Utilities Commission dockets, including Integrated Grid Planning, Electrification of Transportation, Performance-based Regulation, Competitive Bidding, Microgrid, and consumer rate cases. Reference: Comm. 767 Intr. by: Ms. Evans (B/R) Approve: GOEAC-122 (Note: Comm. 767.3, from Council Chair Heather L. Kimball and Council Member Ashley L. Kierkiewicz dated April 2, 2024, transmitting proposed amendments to Res. 452-24, was circulated.) CHR. KIMBALL: Before I take the motion on this, I'm actually going to yield the chair to Vice Chair Inaba since I'm co-introducing an amendment with Council Member Kierkiewicz. Vice Chair, you have the gavel. Relinquish Chair: At this time, Chair Kimball relinquished the chair to Acting Chair Inaba. Motion to Approve: Ms. Evans moved to adopt Res. 452-24 and Governmental Operations and External Affairs Committee Report No. 122. Seconded by Ms. Kierkiewicz. ACTING CHR. INABA: Council Member Evans. MS. EVANS: Thank you. Asking for people's support but I believe we have an amendment to this. So I will yield. ACTING CHR. INABA: Thank you. MS. KIERKIEWICZ: Chair, if I might? Motion to Amend: Ms. Kierkiewicz moved to amend Res. 452-24 with the contents of Comm. 767.3. Seconded by Ms. Kimball. ACTING CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. We really appreciate all of the work that Arizona State University is providing our County in terms of intervening and participating in Public Utility Commission dockets. This is the second time Page 23 Hawaii County Council-35 April 3,2024 during my tenure as a Council Member to be able to review this particular agreement with ASU(Arizona State University). And in that time, it became evident that more reporting and clarity needed to be provided to this body. So what this amendment does is three things. And it was done in partnership with Council Member Kimball because I think we were on the same wavelength when we had this initial discussion with ASU in Committee, is it would basically require that an annual report detailing ASU's activities be submitted to the Council on an annual basis, and also request that prior to ASU's intervention in any new dockets, they come before the Council and we provide thematic guidance or policy direction. That way, we as a legislative body are providing them with direction in terms of how they would be advocating for the County's interest. And because so many of us believe so strongly about investing in building local capacity, we want to ensure that any funding available for internships or fellowship opportunities here in Hawaii County are being offered to local students to be part of the ASU team. That way, they are able to increase their expertise and familiarity in energy issues and participating in this regulatory process. So, looking for everyone's support on this. Thank you. ACTING CHR. INABA: Thank you. Council Member Kimball. MS. KIMBALL: Thank you. I wanted to just mahalo Council Member Kierkiewicz and her staff for putting this amendment together. As she mentioned, we were kind of on the same page about wanting to ensure transparency around this process through hearings at the Council. And being the policymaking body, I thought it was appropriate that we have the opportunity to weigh in in terms of, at a thematic level, the types of cases that we intervene in. You know, you can now use a preposition at the end of a sentence. You learn that from Webster's. I always struggle with it, but cases that"we can intervene in" is actually now permissible language instead of"in which we can intervene." Anyway, apologies for the sidetrack there. ACTING CHR. INABA: A grammar lesson for those of you(inaudible). MS. KIMBALL: Yeah, a grammar lesson for the day. MS. KAGIWADA: It should be avoided. MS. KIMBALL: It still doesn't flow off the tongue, but I will say it again: in PUC (Public Utilities Commission) hearings in which we may intervene now, I see. I can't even do it. Anyway, my point being that I really like the way that this came out, and I think it's important in terms of having sufficient public input around energy policy, which is so critical to so many of our constituents. It's Page 24 Hawaii County Council-35 April 3,2024 important that we have a chance to weigh in in terms of the direction that we want ASU to take on our behalf. So thank you and ask for everybody's support on the amendment. I yield, Chair. ACTING CHR. INABA: Thank you. On the amendment, Council Member Evans. MS. EVANS: Thank you. This is so good. When the resolution came to me to sign "by request," I was reluctant. I didn't want to sign it. The reason being is, when resolutions are introduced, I would like to think that the public can open it up, read it, understand what we're being asked of, and that they could weigh in with testimony. I felt the way it was written was so miniscule that there was no way anybody could wrap their arms around what in the world we're, as a body, being asked to approve. And so I think the `BE IT RESOLVED"really gets to the meat of what we're wanting. If we're going to pay to go in front of the PUC and represent the County, what do we want to know as the public? What do we want to know as a Council? And it's kind of been—I've seen this over and over where we get two or three "WHEREASES" and then ask to approve it without really understanding what we're really agreeing to. So I applaud you for the amendment. I think it really gets to where we need to be. If the public reads this, they're going to have a much better understanding of what we're really agreeing to. And I do hope that Administration, in the future, when they send these resolutions by request, I know that they have this B-52 form they like to attach to it. But I really want it to be a lot more transparent to the public in the language of the resolution. And the other thing is what really struck me in the testimony from the department is we're the only County that actually has someone going in and intervening on dockets. And the reason we do this is we believe it will really impact our community and our tax rates. And the things that are being rolled out by the PUC affects all of us here when it comes to our electricity rates or however, electricity rebates or whatever they're considering, right. So I think it's a good idea that we're engaged and understand what's coming at us. So the underlying thing I really agree to, but these amendments are spot on. So thank you to the authors. I yield. ACTING CHR. INABA: Thank you, Council Member Evans. There's a motion on the floor to amend Resolution 452-24 with the contents of Communication 767.3. All in favor? Page 25 Hawaii County Council-35 April 3,2024 Vote on Motion to The motion to amend Res. 452-24 with the contents of Amend: Comm. 767.3 was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Galimba, Kierkiewicz, Kimball, and Acting Chair Inaba—5. Noes: None. Absent: Council Members Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, and Villegas —4. Excused: None. ACTING CHR. INABA: A motion, please, to suspend Rule 23. MS. EVANS: Motion to suspend Rule 23. MR. HENRICKS: Acting Chair Inaba? ACTING CHR. INABA: Yes? MR. HENRICKS: A successful motion requires a two-thirds vote of the entire membership. I don't think that's an option at this point. It's not two-thirds vote of who's present. ACTING CHR. INABA: Thank you. MR. HENRICKS: If I could just consult the rules real quick? MS. KIMBALL: I'll move to table Resolution 452-24, as amended. Vote on Motion to Ms. Kimball moved to table Res. 452-24, as amended. Table: Seconded by Ms. Kierkiewicz and carried by the following (Approved) voice vote: Ayes: Council Members Evans, Galimba, Kierkiewicz, Kimball, and Acting Chair Inaba—5. Noes: None. Absent: Council Members Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, and Villegas —4. Excused: None. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following item was taken out of order: Page 26 Hawaii County Council-35 April 3,2024 Bill 139: AMENDS CHAPTER 4, ARTICLE 1, SECTION 4-1-1; ARTICLE 2, SECTION 4-2-4; AND ARTICLE 4, SECTIONS 4-4-31, 4-4-34, AND 4-4-35, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE ANIMAL CONTROL AND PROTECTION AGENCY Adds a definition for"Police officer"; repeals definitions for"County animal control service" and "Enforcement officer"; amends definitions for"Animal control officer", "Animals", and "Poultry"; and makes other revisions intended to clarify existing provisions. Reference: Comm. 763 Intr. by: Ms. Kimball Approve: PCHSW-11 (Note: Comm. 763.7, from Council Chair Heather L. Kimball dated April 3, 2024, transmitting proposed amendments to Bill 139, was circulated.) Motion to Approve: Ms. Kimball moved to pass Bill 139 on first reading and adopt Policy Committee on Health, Safety, and Well-Being Committee Report No. 11. Seconded by Ms. Galimba. Motion to Amend: Ms. Kimball moved to amend Bill 139 with the contents of Comm. 763.7. Seconded by Ms. Kierkiewicz. ACTING CHR. INABA: Council Member Kimball. MS. KIMBALL: Council Member Galimba mentioned in the first hearing of this bill in Committee that livestock was referred to but not defined. So we put forth this amendment to define livestock. You'll notice that we actually pulled it from the proposed amendment from Council Member Kierkiewicz' bill yesterday around the apiaries so that, presuming that that passes, there'll be consistency between the two chapters. So, asking for my colleagues' support for this amendment, including this definition. ACTING CHR. INABA: Thank you. Council Member Evans, on the amendment. MS. EVANS: So the livestock—okay, I'm trying to connect the livestock definition with the definition of animals, and I'm just trying to make sure it flows well. I'm not sure yet reading it. ACTING CHR. INABA: Council Member Kimball, do you want to take a second to explain MS. EVANS: Because in animals, you have rabbits and now you have, in livestock, you have rabbits. Page 27 Hawaii County Council-35 April 3,2024 MS. KIMBALL: Yeah. The reason to define livestock is that in Section 4-4-31, we talk about situations where an owner of livestock may take action to protect that livestock. And so rabbits may be identified as animals in terms of being a pet, but also people raise rabbits as a food source, right. MS. EVANS: Yes. MS. KIMBALL: So they could be livestock in that regard. So, if we do the Venn diagram, rabbits are in the middle right there in both circles, livestock and they're in both. Sorry. I think I made things less clear. But rabbits can be both in animal in terms of how we're defining it broadly in terms of this portion of the Code, but they can also be considered livestock. And so that's why they're included in both definitions, whereas, for example, dogs are in animal but are not a livestock. MS. EVANS: Right. MS. KIMBALL: So, in the Venn diagram, they're over here. MS. EVANS: My only ACTING CHR. INABA: Thank you, Council Member Kimball. Council Member Evans, you still have the floor. MS. EVANS: My initial reaction is I know under animals, we added "if they're used for personal enjoyment, companionship." In this one, we're using "generally associated with farming," and I just want to make sure that's enough clarity there that maybe that's really where we're honing in on the difference. Because, animals can be just—you know a horse is a pet, but also a horse is a farm animal, depending on if it's used to farm versus being a service animal, which I want you to know in my district we have that Pet of the Year, is a little tiny horse. So it kind of goes both ways. So maybe just that the general comment is a good comment, right, because you have the one saying that is maintained basically for personal enjoyment and companionship is clear. Is the livestock, the language you use, clear enough? MS. KIMBALL: May I respond, Chair? ACTING CHR. INABA: Sure. MS. KIMBALL: Yeah, it specifically says, "which are raised or kept for food or other agricultural purposes." So I think that that encapsulates it. And, of course, this language was provided and weighed in on by LRB (Legislative Research Branch), both in my conversations but also with Council Member Kierkiewicz' apiary bill. So I feel like it's sufficient Page 28 Hawaii County Council-35 April 3,2024 MS. EVANS: You think it's sufficient? MS. KIMBALL: To provide the distinction. Yes. MS. EVANS: Okay. Yeah. I yield. ACTING CHR. INABA: Okay, thank you. The motion on the floor is to amend Billoh, Council Member Galimba. MS. GALIMBA: Thanks. I guess in myI guess I can claim some expertise on the whole animal thing. I think it's good enough for here for now. I would say Chapter 4, in general, I think there's some work to be done on clarifying animals in general. But I think that's kind of a bit of a hole that we want to go down, and not necessarily want to do it today. So I think, to me, the distinction here is good for purpose. Yeah. Thanks. ACTING CHR. INABA: Thank you. We're going to vote on this, okay. We're done talking about livestock here. So Bill 139, all in favor of amending with the contents of Communication 763.7,please say "aye." Vote on Motion to The motion to amend Bill 139 with the contents of Amend: Comm. 763.7 was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. ACTING CHR. INABA: Back to the main motion. MS. KIMBALL: May I, Chair? ACTING CHR. INABA: Yes. MS. KIMBALL: So, looking at Section 5 of the Bill, Section 4-4-31 of the Code, one of the other items that was brought up in the previous discussion in Committee was, with this language in Subsection A saying that a dangerous, fierce, or vicious dog could be slain by an animal control officer,precludes a police officer from engaging in the same activity. I did talk with Corporation Counsel on this, and the answer to that is no. Police officers already have that authority. Actually, any individual, if they needed to come to somebody's aid, for example, has that ability for protection. So, really, what this does is provide that legal protection to our animal control officers to Page 29 Hawaii County Council-35 April 3,2024 engage in this activity, that it's not precluding our police officers. So there's no need to amend this portion of the language. And with that, I hope everything else looks good to everyone and can support this bill moving forward. Again, this is primarily a housekeeping measure for this section of the Code. ACTING CHR. INABA: Thank you. Any discussion? Bill 139, as amended. All those in favor,please say "aye." Vote on Bill 139: The motion to pass Bill 139, as amended to Draft 2, on first Draft 2 reading and adopt Policy Committee on Health, Safety, and (Approved) Well-Being Committee Report No. 11 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. Return to Order The Chair directed the Council to return to the order of business. of Business: Vote on Motion to Ms. Kimball moved to remove Res. 452-24 from the table. Remove from Table: Seconded by Ms. Kierkiewicz and carried by the following (Approved) voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. ACTING CHR. INABA: We're back to Resolution 452-24, and would you like to make a motion? MS. KIMBALL: I believe a motion's already on the floor to approve Resolutionoh, I'm sorry, no, we did need a motion to suspend the rules. Page 30 Hawaii County Council-35 April 3,2024 Vote on Motion to Ms. Kimball moved to suspend Council Rule 23 to waive Suspend Council the holdover for the substantive amendment of Rules: Res. 452-24. Seconded by Ms. Kierkiewicz and carried by (Approved) the following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. ACTING CHR. INABA: Discussion on Resolution 452-24, as amended? MS. KIMBALL: Just ask for my colleagues to support to approve this resolution. For the folks that just returned, we have amended it with the contents of Communication 767.3, which I think really adds some important details to the resolution. And hopefully you can support it going forward. Thank you. ACTING CHR. INABA: Thank you. Any further discussion? All in favor of approving Resolution 452-24, as amended, please say "aye." Vote on Res. 452-24: The motion to adopt Res. 452-24, as amended to Draft 2, Draft 2 and Governmental Operations and External Affairs (Adopted) Committee Report No. 122 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. Relinquish Chair: At this time, Acting Chair Inaba relinquished the chair to Chair Kimball. Page 31 Hawaii County Council-35 April 3,2024 Res. 468-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION DEVELOPMENT COUNCIL TO PURCHASE CITRIC ACID TO HELP CONTROL COQUI FROGS IN COUNCIL DISTRICT 7 Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 7); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 792 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 468-24. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Villegas. MS. VILLEGAS: Just ask for my colleagues' support. Want to extend my gratitude for the access to citric acid vouchers again, and to support the members of our community who continue to try and keep these invasive species at bay. So I yield. CHR. KIMBALL: Thank you, Council Member Villegas. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 468-24: The motion to adopt Res. 468-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. Res. 469-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE ANNUAL OUTSTANDING OLDER AMERICANS AWARD LUNCHEON ON MAY 10, 2024 Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Office of Aging, Other Current Expenses account. Reference: Comm. 793 Intr. by: Mr. Inaba Page 32 Hawaii County Council-35 April 3,2024 Motion to Approve: Mr. Inaba moved to adopt Res. 469-24. Seconded by Ms. Villegas. CHR. KIMBALL: Council Member Inaba. MR. INABA: We had Horace from our Office of Aging here earlier, and he did speak to this event. So just ask for everyone's support. Mahalo. CHR. KIMBALL: Thank you. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 469-24: The motion to adopt Res. 469-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. Res. 470-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST WITH EXPENSES RELATING TO THE HALA FESTIVAL AT THE MAKU'U FARMERS MARKET Transfers $2,750 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 794 Intr. by: Ms. Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 470-24. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. I just want to thank Kawehi. Thank you so much for your patience and for being here to kind of speak to some of the work that's being done by P6haku Pelemaka and Big Island Invasive Species Committee. Both Leila and Franny are co-chairs of our Cultural as well as Natural Environment Resilience Capacity Areas. These are action committees within Revitalize Puna. And so this is one of the projects that they've dreamed up that I'm so excited to support. Page 33 Hawaii County Council-35 April 3,2024 We know that there are so many kala forests in the Puna region, and they are at risk of being decimated because of development and invasive species. So this is a way to kind of I think bring awareness around that, but also just really celebrate all the beautiful things that can be made with lauhala weaving. So I thank you for all of your hard work. Just putting a plug out there that this is happening at Maku`u Market on Saturday, May 18. So please join us. It's free and open to the public. Thanks for being here. Looking for everyone's support. Mahalo. CHR. KIMBALL: Thank you, Council Member. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 470-24: The motion to adopt Res. 470-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order.) Bill 141: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2024 Increases revenues in the Elderly Recreation Services account($55,000); and appropriates the same to the Elderly Recreation Services account, for a total appropriation of$195,000. Funds would be used to provide recreational classes to seniors 55 years of age and older. Reference: Comm. 766 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-150 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 141 on first reading and adopt Finance Committee Report No. 150. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: Thank you, Chair. Looking for everyone's support. Thank you. Page 34 Hawaii County Council-35 April 3,2024 CHR. KIMBALL: Any discussion on this item? Seeing none, all those in favor please say "aye." Vote on Bill 141: The motion to pass Bill 141 on first reading and adopt (Approved) Finance Committee Report No. 150 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. (Note: Items in this category were taken up previously, out of order.) REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: Comm. 787: CLAIM AGAINST THE COUNTY OF HAWAI`UFICOH FOR PHUAKTAI From Claims Investigator Clifford D. Victorine III, dated March 5, 2024, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter submitted by First Insurance Company of Hawaii (FICOH) on behalf of Aree Phuaktai. Motion to Close Mr. Inaba moved to close file on Comm. 787. Seconded by File: Ms. Galimba. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: In reading through the confidential packet, I am happy to take action without having to go into Executive Session. Thank you. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I concur. CHR. KIMBALL: Council Member Evans. MS. EVANS: I concur. MS. VILLEGAS: Yo tambien. Page 35 Hawaii County Council-35 April 3,2024 CHR. KIMBALL: All right. Council Member Villegas also agrees. Anyone else? No objections with regard? Okay, can we have a motion to approve the recommendation of Corporation Counsel in the claim against the County of Hawaii? Vote on Motion to Ms. Galimba moved to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 787. Seconded by (Approved) Mr. Inaba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. Vote on Comm. 787: The motion to close file on Comm. 787 was carried by the Filed following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. Comm. 788: JOHN J. ANDRADE, IV, V. COUNTY OF HAWAII; CIVIL NO. 3CC15100152K From Deputy Corporation Counsel Section Chief Lerisa L. Heroldt, dated March 7, 2024, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter filed by Ted H.S. Hong, Esquire, on behalf of his client John J. Andrade, IV. Motion to Close Mr. Inaba moved to close file on Comm. 788. Seconded by File: Ms. Galimba. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: I also feel comfortable taking action on the request provided by Corporation Counsel without having to go into Executive Session. Thank you. CHR. KIMBALL: Any other comments or requests with regard to Executive Session? MS. EVANS: This one has such a history to it. I thought it might be worth having a discussion about it. Page 36 Hawaii County Council-35 April 3,2024 Vote on Motion to Ms. Kierkiewicz moved to enter into Executive Session in Enter into order to hold attorney-client privilege discussion regarding Executive Session: Communication 788, as authorized by Section 92-5(a)(4) of (Approved) the Hawaii Revised Statutes. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. CHR. KIMBALL: We will enter into Executive Session. Thank you. Recess: At 11:09 a.m., the Chair called for a recess in order to clear the room. Reconvene: The meeting reconvened at 11:35 a.m. CHR. KIMBALL: We are out of Executive Session. I'd like to ask Vice Chair Inaba to briefly summarize the conversation. MR. INABA: Sure. In Executive Session, the Council was briefed by Corporation Counsel on the different things being alleged in the case. And we went over the general time line of events in the case to allow us to make a decision now in open session. Thank you. CHR. KIMBALL: Thank you, Vice Chair Inaba. May I have a motion on the action? Vote on Motion to Mr. Inaba moved to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 788. Seconded by (Approved) Ms. Villegas and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball —7. Noes: None. Absent: Council Members Kagiwada and Lee Loy —2. Excused: None. Page 37 Hawai`i County Council-35 April 3,2024 Vote on Comm. 788: The motion to close file on Comm. 788 was carried by the (Filed) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Kimball—7. Noes: None. Absent: Council Members Kagiwada and Lee Loy—2. Excused: None. OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (Note: Items in this category were taken up previously, out of order.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (There were none.) ADJOURN- There being no further business, Chair Kimball adjourned the meeting at MENT: 11:37 a.m. JUN 0 5 2024 Council Approval: COUNTY CLERK JH/dg • Page 38