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HomeMy WebLinkAboutMIN GOEAC 2024/05/01 (2022-2024)Committee on Governmental Operations and External Affairs 31st Session West Hawaii Civic Center 74-5044 Ane Keohokdlole Highway, Building A Kailua-Kona, Hawaii May 1, 2024 CALL TO The regular meeting of the Committee on Governmental Operations and ORDER: External Affairs was called to order at 10:21 a.m., in the Council Chambers, Kailua-Kona, by Ms. Cindy Evans, Chair. ROLL CALL: Present: Ms. Cindy Evans, Chair Ms. Susan L. K. Lee Loy, Vice Chair Ms. Michelle M. Galimba, Member Mr. Holeka Goro Inaba, Member Ms. Jenn Kagiwada, Member Mr. Matt Kdneali'i-Kleinfelder, Member (via videoconference from Hilo) Ms. Ashley L. Kierkiewicz, Member (via videoconference from Hilo) Ms. Heather L. Kimball, Member Ms. Rebecca Villegas, Member STATEMENTS The Chair directed the Committee 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: Ralph Palikapu Dedman: Bill 145 (Comm. 796), in support. Hope Alohalani Cerme1j: Bill 145 (Comm. 796), comment. CHR. EVANS: Thank you. Mr. Clerk, our first communication. GOEAC-31 May 1, 2024 COMMUNI- The Chair directed the Committee to proceed to the next order of business, CATIONS: Communications. Comm. 824: NOMINATION OF DONNA KINUKO NOBORIKAWA TO THE LEEWARD PLANNING COMMISSION From Mayor Mitchell D. Roth, dated April 12, 2024, requesting the Council's review and confirmation. Requires Council Confirmation by: May 26, 2024 (Section 13-4(k), Hawaii County Charter) Vote on Comm. 824: Mr. Inaba moved to recommend confirmation of the (Approved) nomination of Ms. Donna Kinuko Noborikawa to the Leeward Planning Commission. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Committee Members Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Evans — 9. Noes: None. Absent: None. 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. 825: NOMINATION OF ARMANDO RODRIGUEZ TO THE LEEWARD PLANNING COMMISSION From Mayor Mitchell D. Roth, dated April 12, 2024, requesting the Council's review and confirmation. Requires Council Confirmation by: May 26, 2024 (Section 13-4(k), Hawaii County Charter) Motion to Approve: Ms. Galimba moved to recommend confirmation of the appointment of Mr. Armando Rodriguez to the Leeward Planning Commission. Seconded by Mr. Inaba. CHR. EVANS: To the Administration in Hilo. Page 2 GOEAC-31 May 1, 2024 (Note: At this time, the nominee Armando Rodriguez and Executive Assistant to the Mayor Pomaika`i Bartolome, came forward to address the members of the Committee.) MS. BARTOLOME: Pomaikai Bartolome, Executive Assistant to Mayor Roth. We are pleased to be nominating Armando Rodriguez of Honomalino to the Leeward Planning Commission. Armando has been a resident of Hawaii Island for over a decade, during which he has made profound contributions to both the local community and various organizations. Notably, he served as a combat engineer for five years with the Army National Guard, and before his military service, Armando lived in Phoenix, Arizona, where he was actively involved in his `Ohana's construction business. Armando serves as President of the Aloha Latinos Association and holds the position of Vice President of the Honomalino Road Association, where he plays a pivotal role in advocating for the interests of residents and fostering a sense of unity and cooperation within the community. If confirmed, he will serve a term ending December 31, 2027, and your favorable confirmation is requested. Mahalo. CHR. EVANS: Thank you. Mr. Rodriguez, do you want to offer some comments? MR. RODRIGUEZ: Thank you for giving me the opportunity to be here. I really appreciate it, and I'd like to introduce you to my family. Back here, my son and my wife, Felina. I'd like to share a little history about me first. My grandfather was really instrumental in my development, and my grandmother also. I'd like to hand you a picture of my grandfather here. I was born in Sonora, Mexico. You know it's Northern Mexico, and that's a desert, you know, sometimes the desert can be hot and cold. So, the first eight years of my life I lived as a Native American. I was an Indian, we ran around with no shoes, you know, because we had no money to buy shoes. The desert provided a medicine cabinet, and it was our food source, you know. My grandfather taught me what plants, you know, for medicine and provided food. So, you know, we only took what we needed. And we respected it. When I was a sick child because sometimes the desert is real cold. So, my tonsils would always get swollen, and I couldn't breathe. You know, we didn't have any money for medicine. So, I owe my life to the rattlesnakes because my grandfather would, you know, take a rattlesnake and they would dry it, and that would heal the tonsils. So, we always respected nature. Page 3 GOEAC-31 May 1., 2024 You know, we're always self -sustainable. We always planted what we needed to grow, because out there there's no foodbank. If you don't respect your surroundings and plant food, you know, you're going to go hungry. It's a kind of a pride, you know, like being a male you have to provide for your family, so, you can't go ask your neighbor for —you know, my family is hungry. It didn't work that way. So, wherever we lived we always planted food, you know, we had little space. We always tried to be sustainable. Also my grandmother, she was 95 and she was still planting apricot pits and peach. And I would ask her because I knew that she was never going to eat from the tree. You know, she was always going to get the fruit, but she always said that it was for us. And you know, that's the reason why I'm here. I'm here for my son and my family. I migrated to Arizona in 1978 when I was eight -years -old, and grew up there most of my adult life, but I always remember my grandfather. You know, I still miss him. He always taught me, your first years in life, I guess, kind of determines what kind of person you'd come up to be. You know, I respect nature, and I think we are privileged to live here in Hawaii; it's a sacred place. And the Hawaiian culture, it's similar to our culture. We always respect the elders. We learn from our elders. In our household, we have Felina's mom lives with us. My parents live on the same farm. You know, we have multi -generations, and that's why I like the Hawaiian culture, because it reminds us of our culture. And we're blessed to be here. You know, I like talking to the older people about some of the problems we have, and sometimes you have good answers. They have a lot of wisdom but sometimes a little bit shy to come out and tell you. So, I think we could learn a lot from our elders. I've seen some issues out here in Hawaii, that you know, sometimes we blame our leaders. So, it's just problems that were caused in the past, you know. When I lived in South Kona in Ocean View, they didn't think about, you know about the trash. And the time that I lived here I've seen a lot of changes. But I think we need to work with our leaders. They're human like us, you know, they have families; they have health issues. You know, just like us, we can't just point the finger at people. I've been to different public meetings, and you know, one that I remember that stuck in my head was, there was a teacher, and she had done so much research why she couldn't afford a house and you know, she was yelling at the leaders. But if she would have used her time and did the research on how you could afford a house. Page 4 GOEAC-31 May 1, 2024 I've always been in, you know, construction but here I had to change my profession to coffee farmer, and there's politics in coffee farming too. I joined this planning board for coffee, and I don't want to say the name. But they were just set in a certain way, you know, things have been done this way; you have to process your coffee a certain way; you have to just grow a certain plant. Then you know, they would just fight with each other, but we'd never get anything resolved. But I looked at the other world, the rest of the world, that depends on coffee like Costa Rica, Columbia, you know, where they're main income is coffee, and they were doing things differently. So, we started doing things a little bit different in our farm, and now our coffee has won a lot of awards. You know, in the beginning we were bullied and kind of like high school. You'd have an 80-year-old bullies, you know, just kind of giving us a hard time, but now they're following us. They've seen that the coffee has changed, and there's a lot of changes. I've seen a lot of changes coming here to Hawai `i in the time that I've been here. You know, we just have to kind of think a little bit differently, and we can resolve the problems instead of just pointing fingers. You know, we have to work as a community well here. I started the Latino Association because there's a big, about 22 percent now in Hawaii on the Big Island here, there's a lot of Latino decent. But you don't have to be Latino to be in our association. We want to help anybody, you know, we're on the same boat. I see living in Hawaii as being in a boat, and we have to work together to get things done. CHR. EVANS: Thank you. Mr. Rodriguez, if it's okay with you, I will turn it over to my colleagues, and I'm sure they'll have questions or comments. To District 6, Member Galimba. MS. GALIMBA: Right, so yes. Thank you, Armando for being here. And I do want to disclose that I'm friends with Armando and his family. Don't have any financial entanglements or anything like that, but we are friends. And I just have a lot of good things to say about him. He is a, you know, bootstrap small business, build -it -up, hardworking person. His whole family is from his parents down to his son. And they're incredibly generous and kind. First time I met him, he bought some cows for his dad, because his dad wanted to have cows. And they gave me this incredible salsa, and of course, I've been hooked ever since. So, I guess I will just yield and allow you folks to get to know Armando a little better. CHR. EVANS: Anyone in Hilo? Comments, questions? Okay, Member Kaneali `i-Kleinfelder. Page 5 GOEAC-31 May 1, 2024 MR. KANEALI'l-KLEINFELDER: Ola, Mr. Rodriguez, how are you doing? Que paso. MR. RODRIGUEZ: Gracias. MR. KANEALITKLEINFELDER: Gracious. I like your small business. I can see you doing coffee farming. I really appreciate hearing about your family, and the way you have taken on a farm and being sustainable in our community. I appreciate all those things. It's not easy to do, being a small business owner is difficult. So, congratulations on that. I think my question for you is more along the lines of Leeward Planning Commission, land use, land decisions. How you see yourself in that role and what you hope to achieve on the Planning Commission? MR. RODRIGUEZ: So, when we were in Mexico, sometimes you know, we had to clear a little bit of land to plant other crops. You know, in the desert, we didn't go around planting trees. I didn't know what environment it was, but it was just a lifestyle I was born into, and you know, you have to crack a couple eggs to make an omelet. I have a lot of construction experience, and you know, I don't want this island to turn into a big city. You know, we have to use our resources, preserve nature, because nature once it's gone, it's hard to get it back. And I see some of the architecture here, it doesn't represent Hawaii too much. We have to work on some of our architecture. Because when you go to Arizona, you know you're in Arizona. When you go to New Mexico, you know, you're in New Mexico. So, you know, we have to work on some of our architecture and you know, promote the Hawaii culture. You know, get the guidance from our Hawaii leaders and you know, represent the culture. Because we depend on tourism, and you know we have to work on that and be more self -sustainable. So, out here in the Civic Center, you go out here, you don't see any trees; you don't see any plant that represents Hawaii. It's a nice building but we need to work on representing Hawaii. MR. KANEALITKLEINFELDER: Okay, mahalo. What is your understanding of land zoning? MR. RODRIGUEZ: I read the General Plan. You know, I think it's broad, it needs some work. It's kind of like, you know, when you read the whole thing, it kind of confuses you a little bit. You know, we need to kind of be a little bit more specific on how we're going to improve on some things. Page 6 GOEAC-31 May 1, 2024 I think we have some issues that need to be addressed, but you know, we need to get the public involved. And sometimes when we start subdividing, kind of ask for more open spaces and vacation rentals, you know, sometimes we have to work with the public. And sometimes when you subdivide, the association has CC&R's (Covenants, Conditions, and Restrictions), so you know, if you buy into that, they say there's no vacation rentals. So, we have to work with the public and see what's best for all of us. MR. KANEALI`I-KLEINFELDER: Okay. Then, the Planning Commission, was this your first choice or did someone kind of bring this up that this might be an option for you? How did you find the Leeward Planning Commission as a possible landing spot for getting you into government? MR. RODRIGUEZ: It's my first choice, you know, I think it's important because we live here. You know I love living here and I want my family to live here. You know, I hope my son has a family here and stays here. I see problems here that, you know, that need to be resolved, and the only way to resolve is to be involved. It's easy to stay home and criticize, but my wife says we don't have the time or money, but we know we have enough time and money. So, I think it's important, and you know, this is our home. MR. KANEALI`I-KLEINFELDER: Okay, mahalo. Thank you very much. Good answers, I appreciate that. Thank you, Sir. CHR. EVANS: Member Lee Loy followed by Member Galimba. I'm going to defer to Member Galimba. MS. GALIMBA: Just to answer Council Member Kaneali`i-Kleinfelder's question. I remember directly, I did sort of bring the Leeward Planning Commission up to Mr. Rodriguez. So, yes. CHR. EVANS: Okay, thank you. Member Lee Loy. MS. LEE LOY: Thank you, Chair. Thank you, Mr. Rodriguez for being here. You know, I'm just going to follow the lead of our colleague from the district, and I do appreciate the suggestion. I do just find you so genuine and so authentic. And the fact that you stood up an organization with the Latino community here really speaks to that `Get Started, Go Get Them' attitude that we need. I've listened to your answers, and I just find them incredibly authentic and that ability to want to learn, because we do have a very complex land use system here in Hawaii. Listening to how you were brought up, right? In Arizona and those areas, and just some of the relationships that we have with our native Page 7 GOEAC-31 May 1, 2024 brothers and sisters, I think you are an incredible, good, and great fit to kind of inject some of that common sense that we need. Before you guys go too far, we need to get the name of your son because we have a Youth Commission, and you know, if we can seat you here, maybe we can look at seating your son on our Youth Commission also. I see him smiling in the background with a thumbs up, but we'd really love to get, you know, more voices like his to really round out what you speak of, right? Moving here, appreciating it, and hoping that your kids stays here and raises a family here. So, thank you, and I will be in strong support of your nomination. I did want to share one thing before you get too far into the weeds of the work, I'd also like to encourage you to look at the Department of Hawaiian Home Lands that has very unique land use opportunities, similar to that of Native Hawaiians. And then their ability to reserve water for their own development. We know that in our states like Arizona, they have very different water rights there with qualitive rights, where we have all of our water being held in trusts. So, I would encourage you to learn a little bit about that and that water code that we have. You don't have to answer right now, but just stay open to all of the learning. Thank you, Chair, I yield. MR. RODRIGUEZ: I just want to add one more thing. I don't know everything, but I'm willing to learn, and you know, I'm willing to work. I build a lot of stuff, and hearing my son when I was fixing the bathroom and I put a small door in and then he comes over and says, "Oh dad, what about when we get somebody in a wheelchair?" And I hadn't thought about that. So, sometimes we miss things, you know, we get busy with a lot of things. But I'm willing to learn. I'm willing to take advice. I don't have diplomas, experience or everything. It's just, you know, I have life experience, thank you. CHR. EVANS: Thank you. In Hilo, any questions or comments? If not, I'm going to go to Member Kagiwada. MS. KAGIWADA: Thank you, Chair. Just real quick. Thank you for putting your name forward and thank you to the Mayor's Office. I really like the diversity of the two nominees for the Leeward Planning Commission, because I think they each bring a unique voice and a unique perspective, and I think we need that diversity on both of our Planning Commissions. So, thank you very much, and I'm looking forward to continuing to hear these diverse perspectives. Thank you, I yield. CHR. EVANS: Thank you. So, seeing no other light, Member Villegas. Page 8 GOEAC-31 May 1, 2024 MS. VILLEGAS: Aloha. Thank you for being here Armando and for bringing your family. What a bright face for a young man. Your grandfather's legacy is obviously living on strong in your son, and that's not easy to do in today's world. So, thank you for that. I also want to thank my colleague, Ms. Galimba's recommendation for you and this wonderful story of how you connected. I unfortunately, won't be supporting your nomination today. What I do recognize from your application is your second preferred board, was the Agricultural Advisory Commission, which sounds absolutely perfect for your experience, your expertise, your passion. And perhaps a way for you to really get your foot in the door as far as what happens on the boards and commissions here. I hear your authentic heart, and I cherish your can -do, pull up your bootstraps, get involved, sweat equity. You remind me of my own papa, who was a beekeeper and hard-working man. I just am afraid that right now with the pivotal decisions that are being made by our Leeward Planning Commission, it requires a level of experience and expertise. Life has given you all these other opportunities that you have risen above and beyond and mastered those and have so much to teach and share. But when it comes to the Leeward Planning Commission, we're at a too pivotal time to risk having people who don't have the specific experience in land planning and zoning as we navigate the General Plan and some other very intensive pieces of legislation. As I watch the Leeward Planning Commission meetings and I see a lot of confusion, I have concerns that adding someone that doesn't have the depth or breath of experience in land planning could further weaken that Planning Commission. While I appreciate diversity as a whole, I'm very protective of the Leeward Planning Commission, and Council Members, this just isn't the position to be opening up for all of the feel -goods. This is something that has to have very specific, very precise, and very experienced people serving right now, because we need more of that there. So, I apologize to you personally and professionally. I would fully support your nomination to the Agricultural Advisory Commission. I know this makes me the bad guy up here today. But I have to stand in this, and I would ask for the support of Council Members who you know, make decisions for the Windward Planning Commission. But that's where I stand today, and there's just too much at stake. So, I thank you for your willingness. And with that, I'll yield and turn it back to any of my other colleagues. Thank you again, Armando, and thank Page 9 GOEAC-31 May 1, 2024 you to your family. I appreciate your service and your leadership in our community, but not for this specific role. CHR. EVANS: Member Kimball. MS. KIMBALL: Thank you, Chair. And thank you for putting your name forward. And thank you, Council Member Galimba for getting out there and finding someone to step up. I would just say that I had the opportunity and the pleasure of spending several hours with the Leeward Planning Commission a couple weeks ago. And what I would say is that I believe that the agricultural, ranching perspective is something that is missing right now from them currently, even with the addition of our new nominee today. It is missing from that dialogue. I mean you used to provide that, Council Member Galimba as a member of the Leeward Planning Commission. So, while I do concur with a lot of the concerns that Council Member Villegas has about the importance of the Leeward Planning Commission, I would say that because insecurity is one of the key things that we've identified as a County and is something we want to prioritize as far as our sustainability. Having someone with an agricultural background on the Leeward Planning Commission, I think is an important insight in perspective. Especially since our Agricultural Advisory Commission actually hasn't been stood up. So, there's actually no possibility to serve on that at this time because it's not being stood up. So, I'm going to be supporting your nomination primarily because, you know, you're representing Council Member Galimba's district, and she thinks that you'd be a good representative for that community. So, thank you for being here and thank your family for being here too. Mahalo. CHR. EVANS: Member Inaba. MR. INABA: Just the same questions I usually ask of everyone. So, we do use the General Plan, and the CDP's (Community Development Plans) to influence and guide our decisions. But in line with that, we always get feedback from community, right, through testimony. And sometimes testimony doesn't' necessarily line up with what is in the General Plan or what is presented to a commission or the Council. So, in those instances where you might find yourself presented with a positive recommendation at something and support from the department, and perhaps some parts of the General Plan and the CDP. Yet, there are significant concerns from the community. How would you plan to address that, and what would your approach be? Page 10 GOEAC-31 May 1, 2024 MR. RODRIGUEZ: I guess with the General Plan, we have to follow the rules, you know, there's certain regulations that we have to follow. Because I had built a number of houses. I could show you this here, a portable house I built. MR. INABA: We can check it out after. But just, understanding balancing community input against what might be presented in a recommendation from the department. How are you going to balance that if they're not in agreement? MR. RODRIGUEZ: You know, I guess I would see. It's hard to give an answer, so I would see what the problem is first. But you know, I think we're here to serve the community. And you know, sometimes some are realistic, and some are not. So, we have to see what the reality is, and you know, with budgets there's certain laws and restrictions, certain setbacks. You know, it just depends on what's required. But we have to work as a team, and we're elected by the people. So, you know, I think we have to serve the people, you know, do what's best for our community. MR. INABA: How comfortable are you at saying, "no" to applicants who come before you if, you know, you're thinking it might not be in line with what's best for the community. How comfortable are you with an application if you feel it might not be in the best interest of the community? MR. RODRIGUEZ: You know, I think the community comes first because we live here. It's like family sometimes. At the end of the day, I have to answer to my wife and my family. At the end of the day, we want to do what's best for the community. MR. INABA: Okay. You're in coffee farming and would bring back perspective, like Council Member Kimball shared. So, where do you stand in truth in labeling for the coffee in industry in making sure that, you know, use of trade names like Kona Coffee? MR. RODRIGUEZ: I think, you know, we have to protect the Kona coffee industry because there's been a lot of misleading —and I'm a Kona coffee farmer and I'm going to put all my effort into protecting our interests. MR. INABA: So, you're in support of truth in labeling? MR. RODRIGUEZ: Truth in labeling, and you know, labor costs are real high. So, you know, for a farmer sometimes, you know, there's not a big profit margin. So, we have to work together and work as farmers. You know, we're on the same boat and do what's best for all the farmers. MR. INABA: You mentioned culturally, for yourself, you know, looking to elders for their perspective and their knowledge. In our community, and the Page 11. GOEAC-31 May 1, 2024 region that you represent, what elders do you rely on for that perspective, especially, a Hawaiian perspective? MR. RODRIGUEZ: I have friends in Miloli`i. Sometimes, you know, I talk to some of the people there. That's why I like Hawaii because you know, here you can talk to someone at the store, anybody. So, sometimes I see somebody, and I'd go up to talk to them, and sometimes you learn a lot from people. You know, I don't have a specific person that gives me all the information. But I think, well, you know some people I knew here since 1963 or they were born here. You know, I always like to listen to them on how it was before and how it is now and what we can do to improve it. MR. INABA: Then there's been a lot of issues with quorum with this specific commission. So, are you able to commit to that every third Thursday of the month? And in some cases, the entire day to attend the meetings? MR. RODRIGUEZ: I'm a hard -worker. You know if I commit to something, you have my word that I'll commit to it. MR. INABA: Okay. With that, I would ask that if you can reach out to my office after this meeting before the Council hearing, I would like to talk story and get to know you a little bit better before that meeting. MR. RODRIGUEZ: Okay, could I also add something? You know, sometimes we complain about affordable housing, and I had this article, me and my wife, you know we built our house with our own hands. We did 90 percent of the work, and you know, it's just a sample of how sometimes we complain that we can't afford it, but this is where, you know, housing is affordable. MR. INABA: Perfect. Yeah, let's talk story about that one-on-one. Perfect. Thank you, Chair, I yield. CHR. EVANS: Thank you. Any other comments or questions? Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. We have comments in Hilo. I just want to say that I think farmers are some of our best planners. They really understand the delicate balance of ecosystems. So, I think Armando would be a great addition to the Planning Commission, and the fact that you have a recommendation from a member of this body, Council Member Galimba, who I have tremendous respect for. She, you know, has shared with me that you are a quick learner and very intelligent. I just think you need to dedicate the time to reading all the materials, asking all of the questions, and being really curious and really fighting for our communities. Page 12 GOEAC-31 May 1, 2024 As Council Member Villages mentioned, we're at a pivotal time. There is so much at stake, and the decisions that are made by these planning commissions will set the foundation of how we move forward. So, it's a very significant responsibility, but I trust in your abilities, Armando, and I want to thank you for really embracing this opportunity to grow and give back to our community. And please know that we are here to support you if you ever need it. Thanks for being here today. I yield. CHR. EVANS: Thank you. Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. Okay, Mr. Rodriguez, so I grew up in California, and a lot of my friends were Latino. And there's one thing I know about Latino's is that they work hard. I have never been more impressed to see what can be done by the Latino's in the area where I grew up. So, right now, I really am not feeling the knowledge base that I would like to see in you for the Leeward Planning Commission, however, between here and the next hearing, I will work with you to explain what I think are valuable tools to know as you walk into the Leeward Planning Commission. And how I started this conversation with you is, I will work with you to help you understand what I think is valuable. But I know that you can get there if I can help you. So, long story short, in two weeks, you'll be back in front of us for a final confirmation hearing. Between here and there I would really like to see how much you can take up and how much knowledge you can garner about land use, about zoning, and about the different things that will come in front of the Leeward Planning Commission. As our other Council Members have expressed today, that are incredibly pivotal in the way a community will grow over the next 20 years, if not more. If you're willing to work and get there, then I can vote, "yes," at the next nomination. But for right now, I'm a little hesitant. So, today I'm going to say, "no," Mr. Rodriguez. I'm going to say, "no," but my goal is to see if we can get you to a place where I'm comfortable saying, "yes," in two weeks. So, I am open to having any conversation you'd like to have. I'm open to providing information. want to pick your brain a little bit and get to know you a little bit better. Okay. Thank you. CHR. EVANS: Okay, seeing no other red lights. So, I will just offer to you that the vote today is just a recommendation from the Committee to the full Council that will meet in two weeks. And some of the colleagues have said that they're hoping between now and then you'd spend some time, maybe more with them. I'll just make a suggestion, that the Planning Commission meetings are videoed. So, you can go back online, and you can watch previous Planning Commissions and listen to how they've asked questions, and how they voted. Page 13 GOEAC-31 May 1, 2024 One of the things I like about your background is you did get involved with the coffee industry that I know pretty well and is very political. So, you watch the politics, you heard the debate, you saw them voting. Also, you're part of the Latino Association, which is again, going to have rules and votes. So, you know, I think sometimes when people put their names in, they have good intentions, but the reality is the power of the vote is a big deal. And that's what I think I'm hearing from some of my colleagues, is that you're going to be voting on some very significant things that are going to come in front of you, probably pretty soon. Sooner than later, there'll be big issues that the communities may come out and have a huge crowd of people testifying what they like or don't like. So, that's coming. So, I support you, and I want to honor the fact that you have a value system in you that nobody can take away that was given by your grandmother and your grandfather. And the story about your grandmother putting an apricot pit in the ground at the age of 95, because she understood what she was doing was impacting the next generation to make sure they ate, says a whole lot to me about you understanding that what you vote on will have an impact on your children and your children's children. I think that value that you take with you is going to really go well for our island. So, with that with no other comments, we have a motion on the floor. Okay, Mr. Clerk, roll call. Vote on Comm. 825: The motion to recommend confirmation of the nomination (Approved) of Armando Rodriguez to the Leeward Planning Commission was carried by the following roll call vote: Ayes: Committee Members Galimba, Inaba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, and Chair Evans — 7. Noes: Committee Members Kdneali'i-Kleinfelder and Villegas — 2. Absent: None. Excused: None. (Note: Mr. Inaba voted "Unalua" then "aye.") CHR. EVANS: Mr. Clerk, Resolution 498-24. Page 14 GOEAC-31 ORDER OF RESOLUTIONS: Res. 498-24: Motion to Approve: May 1, 2024 The Chair directed the Council to proceed to the next order of business, Order of Resolutions. AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAPI DEPARTMENT OF CORRECTIONS AND REHABILITATION Seeks to enter into a no cost Memorandum of Agreement to facilitate the issuance and production of REAL ID compliant Civil Identification cards for those transitioning through the re-entry phase of their rehabilitation process. Reference: Comm. 837 Intr. by: Ms. Evans (B/R) Mr. Inaba moved to recommend adoption of Res. 498-24. Seconded by Ms. Lee Loy. MS. KIERKIEWICZ: Chair we have representatives from the Department of Finance, including Director Nakagawa and Naomi O'Dell with the Vehicle Registration Division. (Note: At this time, Finance Director Diane Nakagawa came forward to address the members of the Committee.) MS. NAKAGAWA: Thank you. Good morning, Chair and Members of the Council. Diane Nakagawa, Director of Finance. Thank you for your consideration today on this item. This is an agreement with the State Department of Corrections and Rehabilitation to assist in the issuance of a REAL ED Identification card for those transitioning into the re-entry phase. Just to make it easier for them for employment, for housing, and other types of opportunities as they are in that re-entry process. We do have Naomi O'Dell here, she's our Vehicle Registration and Licensing Administrator to answer any questions you may have. And this is a no -cost agreement. Thank you. CHR. EVANS: Okay, Members any questions. Member Villegas. MS. VILLEGAS: Well, what serendipitous timing. Yesterday, we had the honor to attend the Drug Court Employer's Recognition Luncheon and where we celebrated different employers here on the West side that work with people who have been incarcerated or have moved through drug court, and getting to witness the gratitude, not only from those who have navigated a path out of having some challenges with the law and with addiction issues; and with their employers. Page 15 GOEAC-31 May 1, 2024 One gentleman that came down that actually just been at the DMV (Department of Motor Vehicle), and shared that 20 years later, he just got his driver's license. And he was just phenomenal in sharing an inspirational story of encouragement to the rest of the people in the room; and so honest and humble in sharing. He had 70 DUI's (Driving Under the Influence), and after these many years and moving forward, he had gotten his driver's license and the amount of pride that that instilled in him. And the amount of passion and encouragement that he provided to the rest of the people in the room is just so in alignment with this opportunity to provide pathways for people who are making the steps necessary to rejoin the workforce and making wiser decisions. But we have to make it more possible for them. And we have to make sure that the documentation is possible for them to actually do that. And so, thank you for bringing this forward. Thank you for providing that pathway to people to do that because you really can't do much without a valid ID. We see that actually, in our houseless community navigating that. So, I just want to thank you today for finding this alignment, and especially with State funding to boot. So, I'm sure there was some bureaucracy, and some hoops to jump through, and hurdles to jump over. So, thank you so much for bringing this option to our County and the service that it will provide to our people who all deserve that chance to rejoin in a capacity that brings them the highest good. So, thank you so much. With that, I yield. CHR. EVANS: Member Inaba. MR. INABA: Quick comment. Thank you for the resolution. And you know, Council Member Villegas, the story about yesterday. Me and uncle were both in the DMV together. I was there and I was able to get an appointment via the online system the day before, and everyone in the DMV here, in Kona, were so helpful. So, just wanted to give a quick shout -out to everyone in the DMV across the island, who not always having the easiest job and get us through the process. Definitely seeing improvements. So, thank you to the DMV and Director Nakagawa for your leadership. Mahalo. CHR. EVANS: Member Kagiwada. MS. KAGIWADA: Thank you. Just really quickly, I also wanted to just give a shout -out to both of you for doing this important work on behalf of people who don't often have a say or a place here in front of us. I was at the sign -waiving event. I think it was last week for Second Chances, and I think this is all part of what we need to do as a community to really help people who are trying to rehabilitate and have those second chances. So, thank you again. Really appreciate both of you. I yield. Page 16 GOEAC-31 May 1, 2024 CHR. EVANS: Back to Hilo. Any comments, questions? So, I just want to do a shout -out. I want to thank Kat Brady and all the advocates in Honolulu. I want to shout -out to Going Home consortium. All the advocates who have worked so diligently in bringing forth the knowledge to the State Legislature, how people were leaving incarceration and weren't given any identification. And you cannot succeed without having identification. So, it's been a long journey, probably 20 years, plus, to get to this point. But you know all good times sometimes take time but it's the right thing. So, very happy to see this before us. So, seeing no other comments, we'll take a vote. All in favor? Any opposed? Vote on Res. 498-24: The motion to recommend adoption of Res. 498-24 was (Approved) carried by the following voice vote: Ayes: Committee Members Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Chair Evans — 8. Noes: None. Absent: Committee Member Lee Loy — 1. Excused: None. Res. 499-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI`I DEPARTMENT OF DEFENSE HAWAI`I EMERGENCY MANAGEMENT AGENCY Seeks to support and facilitate the installation and maintenance of a warning siren in Kamakoa Nui Park to serve the Kamakoa Phase I -A Subdivision in Waikoloa. Reference: Comm.838 Intr. by: Ms. Evans (B/R) Motion to Approve: Mr. Inaba moved to recommend adoption of Res. 499-24. Seconded by Ms. Galimba. MR. KANEALI`I-KLEINFELDER: The director is here in Hilo Chambers. CHR. EVANS: Director Magno, would you like to come forth and explain quickly? Thank you. (Note: At this time, Civil Defense Administrator Talmage Magno came forward to address the members of the Committee.) MR. MAGNO: Good morning, Council. Talmage Magno with Civil Defense. So, what's proposed here is the second siren for the Waikoloa community, and this one would also be in a Parks and Recreation site at the Kamakoa Park. Page 17 GOEAC-31 May 1, 2024 So, I know our previous conversations as far as timing, I guess if this one gets approved, HIEMA (Hawai`i Emergency Management Agency) will work with DAGS (Department of Accounting and General Services) to get this pushed out. Hopefully, sometime this summer. CHR. EVANS: Thank you. Members any questions? MR. KANEALI`I-KLEINFELDER: Chair? CHR. EVANS: Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. Thank you for being here today, Director Magno. I saw on the B-52 or the documents that were supplied with the resolution, that this includes the maintenance. So, HIEMA is going to maintain, correct? MR. MAGNO: Yeah, just for your knowledge, HIEMA takes care of all the major maintenance on the siren system. On the island, we just kind of support them, you know, we'll troubleshoot and do site visits. See if there's any quick repairs we can do. But they send their crews from Honolulu to do major repairs. MR. KANEALI`I-KLEINFELDER: Okay. I'm thinking about some of the ones we have in Puna that have been inoperable and the time it takes to get someone here to fix. So, just highlighting the maintenance aspect of the agreement for any interested parties. MR. MAGNO: Yes, I guess that's the way we've worked it in the past as far as, you know, they fund the whole program. It's theirs and they have the expertise to do so. They will contract out if it's, you know, bigger jobs like the installation. But I can say that they've been more receptive. They've come down pretty often. At least once a month, if not, more regularly to take care of sirens. I think earlier this week they were in Kona, and they might have visited to the East side later this week as well. So, they're coming down more often. MR. KANEALI`I-KLEINFELDER: Good to hear. Thank you, Director. MS. KIERKIEWICZ: Chair, I have a couple questions. CHR. EVANS: Okay, Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. Administrator Magno, it's great to see you. Thank you. So, I'm reviewing in the B-52, the siren would serve a gap area that currently does not hear a siren for emergency management purposes. Page 18 GOEAC-31 May 1, 2024 I think that's really significant, and I wondered if there is a map that identifies other gap areas on our island. And what does it take to get HIEMA's attention to install in those gap areas. Do we need for something awful to happen in order for them to make that investment or are you noticing that because of the fires we've had on our island and the Maui situation, they've become more proactive in installing more systems and ensuring that they work. Sorry, lot of questions there. MR. MAGNO: The whole Waikoloa Village, that upper development has no sirens. The resort area has sirens. So, this will definitely fill a gap. So, like I said earlier, there was one previously vetted to Council, and this will be the second one for the upper Waikoloa Village. There are gaps. I think we've expressed others in North Kohala, other fire -prone areas. And this one in Waikoloa specifically addresses wildfire vulnerabilities. So, they recognize that and it's a priority for them as well. MS. KIERKIEWICZ: Just to clarify, these warning sirens go beyond just a fire. Anytime there is a need to communicate in an emergency situation, they go off to get people's attention. MR. MAGNO: Yes, thanks for bringing that up. The outdoor warning sirens are specifically to get the public's attention to tune to their radio, their TV, and your cell phones now that will push out the emergency messages. MS. KIERKIEWICZ: One's going off here in Hilo right now. I wonder if they're hearing it on the feed. Okay, I will be supporting this, and I do want to follow-up with you to just get a better sense of where the service gaps are here on our island, and if we could start to have a conversation with HIEMA about making the investment in that infrastructure. But I also want to understand their maintenance plan. I know you and I were in communication about making sure that the improvements to the Leilani system were made, and I know they did a site visit in April to ensure that it was in working order. Okay. Anything else you want to add? MR. MAGNO: I just lost that train of thought. MS. KIERKIEWICZ: No worries. We'll connect after this. Thank you, Chair, I yield. CHR. EVANS: Thank you. Seeing no other red lights on, I want to say to Director Magno, thank you so much for working on this. You know the Page 19 GOEAC-31 May 1, 2024 Waikoloa community is really feeling threatened and really feel we need to do more for them. So, I think this will help. Hopefully, as this moves forward and we get it passed and you get it signed, do you have any anticipation of when, in fact, this siren would be installed? MR. MAGNO: Sorry, there was a message coming over, so I kind of missed some of your message. But the last update I got from State Emergency Management is that it would be sometime this summer, maybe later this year, that the installation would be made. I'm not sure what else you asked. CHR. EVANS: Yeah, that's what I asked. I wanted to thank you for bringing this forward. Hopefully, you'll get it signed quickly. And then how quickly do we think we'll get a siren? Because the community is feeling very threatened, and they definitely want the siren. MR. MAGNO: I'm hoping for this calendar year for sure. CHR. EVANS: Okay. Would it help if the Council passed a resolution and sent it to the head of HIEMA saying that they're really hopeful that they have monthly reports on testing for what has failed; what their maintenance point is, that we as a community would like to hopefully encourage a rapid response because of the fact that we use these sirens for all emergencies. Would it help? MR. MAGNO: Well, you know, based upon what the decision is here, I'll definitely speak with the siren managers and the Director of HIEMA just to let them know where we're at with this and that hopefully, they can work with DAGS to get this pushed through and the contract activated. So, they can be installed. CHR. EVANS: Thank you. I just want to go on record that every year that I was a State Representative I called HIEMA, and I said is there a siren scheduled for Waikoloa, and they always said, "Yes, it's in our top ten." And yet it never got installed. So, I don't know. Just because they say they're going to do it, a lot of times it doesn't get done. So, I just want to make sure we stay on top of this one and hold their feet to the fire, no pun intended. But we've got to make sure this gets done. So, I just needed to say that. We need to stay on top of it, and I appreciate your work, and hopefully, we have this completed by the fall. Thank you. MR. MAGNO: Yes, I'll stay on them for that to happen this time this year. I wanted to follow-up on something we worked on with Councilwoman Kimball, for you all related to sirens. We did kind of agree that Council and the rest of the public has access to our Civil Defense website, our page. Page 20 GOEAC-31 May 1, 2024 There is an icon that shows sirens. You click on the sirens to see all the sirens on the island. What sirens are active; what sirens are inoperable, you know, or ones that are broken. And you can really zoom in, you know, to see the location and the specifics of the sirens. So, the test that just happened today, will get all those updates on that map by the end of the workday today. So, that's available to the Council and the public. It's on our webpage. CHR. EVANS: Sounds like a wonderful recommendation. In fact, I'm sure the police, knowing that some of these when facing fires, just knowing some of these sirens aren't working, could be a good piece of information for them, if in fact, there is an emergency. So, I think it's a great thing. Thank you for doing that. Okay, any more further discussion? We have a motion on the floor. All in favor? Vote on Res. 499-24: The motion to recommend adoption of Res. 499-24 was (Approved) carried by the following voice vote: Ayes: Committee Members Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, and Chair Evans — 7. Noes: None. Absent: Committee Members Kagiwada and Villegas — 2. Excused: None. BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. Bill 138: AMENDS CHAPTER 2, ARTICLE 7, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PLANNING Requires the Planning Director to submit semi-annual reports to the County Council indicating those properties for which: (1) a change of zoning district ordinance has expired without completion of all conditions; (2) an initial time extension for the performance of conditions on the change of zone has been granted; (3) applications have been approved for zoning variances, subdivision variances, subdivisions, `ohana dwelling unit permits, nonsignificant zoning changes, approval of plans for telecommunication antennas, or additional farm dwelling agreements; and (4) the Planning Director retains exclusive authority to grant the right to build. Reference: Comm.760 Intr. by: Ms. Evans and Mr. Inaba Postponed: March 19 and April 2, 2024 (Note: There is a motion by Ms. Evans, seconded by Mr. Inaba, to recommend passage of Bill 138 on first reading.) Page 21 GOEAC-31 Relinquish Chair: At this time, Chair Evans relinquished the Chair to Vice Chair Lee Loy. May 1, 2024 ACTING CHR. LEE LOY: Thank you, Chair Evans. Let the record reflect, I am Chairing this committee. It is now 11:52 a.m. Since we have an active motion, we can jump right into discussion. MS. EVANS: Yes, because the Planning Director wasn't here two weeks ago, that's why we delayed it. Okay, so, I'd just like to comment. I'm going to turn it over to Member Inaba here, but it was great. We had a conversation with the Planning Director, and he wasn't here last time. I hope he is in the audience, so that we can bring him up. MS. KIERKIEWICZ: He is not. Director Kern is not in Hilo Chambers. Was he informed to show up at this time? MS. EVANS: I'm going to yield to Member Inaba. ACTING CHR. LEE LOY: Thank you, Ms. Evans. Mr. Inaba, go ahead. MR. INABA: We did have a meeting with Director and some Planning staff, and we're going to be requesting one more postponement on this item again with the intention of getting us good information. But not also overburdening the Planning staff. They're working on a few tweaks to make sure that the language is good, and we didn't want to rush them this week, but with the Commission meetings that are happening and everything. So, if we could please postpone this and ask for your support in the postponement to the May 14 1h Committee Meeting. That's a motion. Motion to Postpone: Mr. Inaba moved to postpone Bill 138 to May 14, 2024. Seconded by Ms. Evans. ACTING CHR. LEE LOY: Discussion on the postponement. MR. INABA: Just ask for your support, and we'll hopefully have something for us to munch on then. Thank you. MS. EVANS: I just want to add that it was a really good discussion with Planning staff including Zendo Kern and some other people from his department. And I think we can come up with something workable that's a little more streamlined, and a little more, I think manageable for the Planning Department and information that would be good for the Council to know. So, thank you, I yield. Page 22 GOEAC-31 May 1, 2024 ACTING CHR. LEE LOY: Thank you, Ms. Evans. Thank you, Mr. Inaba. Anyone else on the postponement in Hilo? Seeing none, I'll take the vote. All those in favor of postponing Bill 138 to our May 14th meeting, please say, "aye." Vote on Motion to The motion to postpone Bill 138 to May 14, 2024 was Postpone: carried by the following voice vote: (Approved) Ayes: Committee Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, and Acting Chair Lee Loy — 7. Noes: None. Absent: Committee Members Kagiwada and Villegas — 2. Excused: None. ACTING CHR. LEE LOY: This matter is postponed to our May 14th meeting. Mr. Clerk, recognizing that the next item is introduced by our Chair, I'm going to hold on to running this meeting. And Mr. Clerk, if you can take us into Bill 145. Bill 145: INITIATES AN AMENDMENT TO ARTICLE VI, CHAPTER 7, SECTIONS 6-7.3 AND 6-7.4; AND ARTICLE XVI OF THE HAWAI`I COUNTY CHARTER (2022 EDITION), RELATING TO THE WINDWARD AND LEEWARD PLANNING COMMISSIONS Adds a requirement that at least one member of each commission have experience or expertise in Native Hawaiian traditional and customary practices, Native Hawaiian law, or traditional Hawaiian land usage; land use planning, policies, and principles; land development and construction; or environmental science, environmental protection, or land conservation, and that each category be represented by a different member. Reference: Comm.796 Intr. by: Ms. Evans Postponed: April 16, 2024 (Note: There is a motion by Ms. Evans, seconded by Ms. Villegas, to recommend passage of Bill 145 on first reading.) ACTING CHR. LEE LOY: Thank you, Mr. Clerk. Ms. Evans, we have an active motion. If you don't mind leading our discussion. MS. EVANS: Thank you. When we met a couple weeks ago, some of the members of the Council were not present. We felt it was very important that all members have an opportunity to weigh in and have that discussion. We did have a bit of a discussion and got some good exchange of thoughts, I thought. Page 23 GOEAC-31 May 1, 2024 But we did want to get more robust discussion amongst us. Like I said, some of our members were not present. So, that is why we postponed it. Okay, I yield. ACTING CHR. LEE LOY: Thank you, Ms. Evans. Anyone else? Ms. Galimba. MS. GALIMBA: Thank you. I was under the impression that we also postponed it because Mr. Kern was not available as well. And since he's not here as well, so just wondering what our plans are around this. MS. EVANS: Thank you. I guess my-1 don't know why he's not here because it's on the agenda, but having said that, we have options, I think to do this. But I think it would be worth it, if the members are okay with having the discussion today or postpone it two weeks, we could further the discussion about the details about this legislation, which is basically putting some criteria in terms of some of the expertise, some of the knowledge of members to be appointed to the Planning Commission. It gets a little more detailed, what we're expecting of these seven members. This is specific to four of the seven in trying to get certain expertise represented on the Planning Commission. And I did review other Planning Commission laws across the State and on the mainland, and it's pretty common to say on the Planning Commission what the expertise we want of people on the Planning Commission. So, I would look to my colleagues, whether we have a good discussion, I think amongst ourselves, or we can postpone it to two weeks from now. Okay, thank you, I yield. ACTING CHR. LEE LOY: Thank you, Ms. Evans. Looking for feedback on how we want to move forward. Any members? I'll check in Hilo. Any thought in Hilo? MS. KIERKIEWICZ: Yes, Chair. ACTING CHR. LEE LOY: Go ahead, Ms. Kierkiewicz. MS. KIERKJEWICZ: Thank you. I wondered if Council Member Evans might be able to share what she had in mind when the term, "substantial," is used for experience and expertise, how are we quantifying that? ACTING CHR. LEE LOY: Go ahead, Ms. Evans. MS. EVANS: Thank you for that question, because it was actually brought up two weeks ago by one of the colleagues. They didn't like the word, "substantial." So, we may have to big circle —that was a question that came up by another Page 24 GOEAC-31 May 1, 2024 colleague that it would definitely need to be removed or somehow clarified. Because that is way too subjective. So, thank you for bringing that up. And my intent would be to remove it unless I can find a better way of expressing it. Thank you. MS. KIERKIEWICZ: Thank you. Yeah, it seems very subjective and up for interpretation. You know, my only feedback would be, it's very hard, I think, to find folks to commit to volunteering especially for something as intense and time-consuming as a Planning Commission. I wondered if rather than saying, one of these things listed here must be represented in a person. But we just talk about very generally, what we would like to see in a candidate rather than making it a requirement. That's the only feedback I have at this point. Thank you. ACTING CHR. LEE LOY: Thank you, Ms. Kierkiewicz. Anyone here in Kona? Mr. Inaba. MR. INABA: Thank you, Chair. In support of the bill. Do share that concern expressed by Council Member Kierkiewicz. Just on the word, "substantial," and quantifying that. Just so we're clear if we do pass this what the intention is there. And then, I see that we do have now OSCER (Office of Sustainabiltiy, Climate, Equity and Resilience) now stood up and wondering if there might be specific language that we could include here. I think the attempt was Number 4, for Environmental science, protection or conservation. But if we want to tie the language a little bit more closely to OSCER and what we've kind of agreed to in that realm. And there might be overlap or there might not be just with the nominee who was before us today, but of the idea of agriculture, there's overlap through all of that. But two suggestions, agriculture and language related to OSCER. But thank you for bringing this forward, and I do hear the concern regarding the difficulties in finding folks to volunteer. At the same time, I think there's been history where some of these folks have not been represented, and it's just the preference of the Administration at that time to be choosing certain groups and not certain groups. So, this would force selection from the certain groups that might not have otherwise been brought forward before the Council. So, look forward to maybe some amendments here. But in support of the intention in the bill. Thank you. ACTING CHR. LEE LOY: Thank you, Mr. Inaba. Anyone else? Ms. Galimba. MS. GALIMBA: Thanks. I actually really like Council Member Kierkiewicz's suggestion. Because it might sort of get the kind of knowledge that we are wanting in this bill without necessarily making it impossible to find folks. Page 25 GOEAC-31 May 1, 2024 What I understood was, unless the qualities or expertise we'd like without necessarily having to be tied to individual people. So, that would give it a little more flexibility. I can really see us getting into, you know, a really bad place where we're having to find one particular person from one district, and they're not being anyone really in that district. You know, because there are district requirements, then there would be these expertise requirements. So, I think we could very easily get ourselves in trouble really. So, I would suggest perhaps thinking along those lines so that we could sort of do both. And I do support postponing ACTING CHR. LEE LOY: Thank you, Ms. Galimba. Ms. Kagiwada. MS. KAGIWADA: Thank you, Chair. I'm in agreement with my colleagues. I had circled the word, "substantial," just to think about, you know, what that means a little bit more. And then potentially, penciling out each category. She'll be represented by a different member piece. I really do like the category. I like the knowledge and expertise piece. I really appreciate that. But want to balance it with realistic expectations as well. So, looking forward to potentially seeing a couple amendments here and moving this forward. Thank you so much. Thanks, Chair, I yield. ACTING CHR. LEE LOY: Thank you, Ms. Kagiwada. Ms. Kimball. MS. KIMBALL: I support the postponement. ACTING CHR. LEE LOY: That was quick. Well, it looks like we're going to be postponing. So, I did want to offer my comment too. But I actually have more of a process question for our Clerk, because I recognize we're amending different sections of the Charter and just wanted to check on our timeline as far as Charter amendments. MR. HENRICKS: All I can say for certain is that we need to get the ballot language to the State Office of Elections at the beginning of August. So, we're getting closer as far as requiring three readings at Council, and then also, some other procedural elements that would follow. Assuming this is passed in three readings, of course, it goes to the Mayor, and that takes time, and there's a potential for a veto. So, anticipating all those things, and if all goes through, we need to get the ballot language to the State in early August. ACTING CHR. LEE LOY: Thank you for that direction, Mr. Clerk. You know, knowing this and listening to my colleagues, and maybe to the maker. You know, in addition to this, maybe there's something that we can wiggle into OSCER and/or what we already have because we actually have a commission. Page 26 GOEAC-31 May 1, 2024 I just don't want to see something like this fail because all our eggs are in one basket, and ultimately listening to my colleagues, we all want to see some type of expertise or subject matter experts in this area sitting in those seats. But I don't want to get so close to the deadline that we push a bad bill, and we end up not getting what we're striving for. So, those are my thoughts. So, right now, Ms. Evans, if you could make the motion to postpone this bill? MS. EVANS: May I comment first? ACTING CHR. LEE LOY: Sure, go ahead. MS. EVANS: So, for those who weren't here two weeks ago, and we talked about it, there was one thought that we not have four, instead we have three. So, that would be three of seven instead of four of seven to make it a little more, maybe manageable. But the other thing is combining, for example, you could do land use planning polices; land development construction, agriculture. You could have such broad, but you're really making that statement. We do have to have someone that we know is really good at land use and understanding land use patterns or whatever. So, what I'd like to do is postpone but the next time, I will have a communication with amended language to be considered. ACTING CHR. LEE LOY: Great. Ms. Evans, if you don't mind making the motion. Motion to Postpone: Ms. Evans moved to postpone Bill 145 to May 14, 2024. Seconded by Ms. Galimba. ACTING CHR. LEE LOY: On the postponement members, any discussion? MR. KANEALI'l-KLEINFELDER: Chair. ACTING CHR. LEE LOY: Go ahead, Mr. Kdneali'i-Kleinfelder. MR. KANEALI'l-KLEINFELDER: Thank you. Just on the postponement, I appreciate the postponement. I look forward to seeing some of the changes that have been discussed to date. And that's really what I'm looking for, is to see something substantive put forth in front of us so we can understand where we're going with this. I've heard a lot of ideas expressed. So, I'll be supporting the postponement and look forward to seeing what comes from the Council Member's office. Page 27 GOEAC-31 May 1, 2024 ACTING CHR. LEE LOY: Thank you, Mr. Kdneali'i-Kleinfelder. On the postponement, the motion is to postpone Bill 145 to the May 14th agenda. All those in favor, please say, "aye." Vote on Motion to The motion to postpone Bill 145 to May 14, 2024 was. Postpone: carried by the following voice vote: (Approved) Ayes: Committee Members Evans, Galimba, Inaba, Kagiwada, Kdneali'i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Lee Loy — 9. Noes: None. Absent: None. Excused: None. ACTING CHR. LEE LOY: This matter is postponed to May 14th. I'm being advised by our Clerk to turn this matter back over to our Chair. Relinquish Chair: At this time, Acting Chair Lee Loy relinquished the chair to Chair Evans. CHR. EVANS: So, I am taking the Chair at 12:12 p.m. Mr. Clerk, we have the next communication, please. REFERRALS FOR EXECUTIVE SESSION Comm. 821.1: HAZARD PAY GRIEVANCES: HAWAI'l GOVERNMENT EMPLOYEES ASSOCIATION, AFCME, LOCAL 152, AFL-CIO V. COUNTY OF HAWAPI; GRIEVANCE OF BARGAINING UNITS: 02,03,04,13 AND 15; AND UNITED PUBLIC WORKERS, AFSCME, LOCAL 646, AFL-CIO V. COUNTY OF HAWAIJ; GRIEVANCE OF BARGAINING UNITS: I AND 10 From Deputy Corporation Counsel Ryan K. Thomas, dated April 19, 2024, requesting a discussion in executive session regarding the above -entitled matter. Motion to Close File: Mr. Inaba moved to close file on Comm. 821.1. Seconded by Ms. Lee Loy. CHR. EVANS: Any discussion. Yes, Member Inaba. MS. KIMBALL: Motion to enter into Executive Session, under Hawaii Revised Statutes, Section 92-5(a)(4) for the purpose of consulting with the Council's attorneys to ask questions, issues pertaining to the Council's powers, duties, privileges, immunities, liabilities, and responsibilities. CHR. EVANS: So, I have a motion to adjourn to go into Executive Session offered by Member Kimball, seconded by Member Galimba. All in favor? Page 28 GOEAC-31 Vote on Motion to Enter Into Executive Session: (Approved) Recess: Reconvene Vote on Comm. 82 1. 1: (Filed) May 1, 2024 Ms. Kimball moved to enter into Executive Session in order to hold attorney -client privileged discussion regarding Communication 82 1. 1, as authorized by Section 92-5(a) (4), of the Hawaii Revised Statutes. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Committee Members Galimba, Inaba, Kagiwada, Kdneali'i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Evans — 9. Noes: None. Absent: None. Excused: None. At 12:13 p.m., Chair Evans called for a recess. The meeting reconvened at 12:53 p.m. CHR. EVANS: So, we're reconvening the Committee on Government Operations and External Affairs. The time now is 12:53. So, we want to do a report on the Executive Session we just had. I'll turn it over to Member Kimball. MS. KIMBALL: Thank you, Chair. Just to report the discussion around the Executive Session had to do with the status update from Corporation Counsel with regard to the Temporary Hazard Pay negotiations with HGEA (Hawai'i Government Employees Association) and UPW (United Public Workers). Those negotiations are still underway. So, that is the conclusion of what we discussed in Executive Session. CHR EVANS: So, we have a motion on the floor to close file on Communication 821.1. All in favor? Any opposed? The motion to close file on Comm. 821.1 was carried by the following voice vote: Ayes: Committee Members Inaba, Kaneali'i-Kleinfelder, Kierkiewicz, Kimball, Lee Loy, and Chair Evans — 6. Noes: None. Absent: Committee Members Galimba, Kagiwada, and Villegas— 3. Excused: None. Page 29 GOEAC-31 May 1, 2024 Point of Personal MS. LEE LOY: I just want to be able to close this out in context of some of the Privilege: discussion that we had earlier. You know, today during our Communication 825, there were some comments made by Council Members, and if I could get our Council Chair, Ms. Kimball, and our Corporation Counsel, Judge Strance, to help provide some guidance on some of the appropriate or inappropriate comments that were made. For example, I know Latinos and they are hard-working Positive, yes. Appropriate, I don't think so. To mention someone's race and then characterize it, I think is highly inappropriate. Moreover, to suggest that I'm going to educate you. You need to come talk to me before I vote in favor, smacks of quid pro quo. We are a transparent Council. And Chair Kimball, if I can get your guidance, and Judge Strance, that you will be preparing a memo about appropriate contextual comments about our candidates so that in the future, we are not challenged by being an inappropriate Council. Chair, Kimball? MS. KIMBALL: May I respond? CHR. EVANS: Yes, please, Member Kimball MS. KIMBALL: Member Lee Loy, I will review with Corporation Counsel, the video from earlier today just to affirm what was said, and then provide guidance in a general sense to the members of this body with respect to what is expected and appropriate action. Again, I know that Judge, in particular, there appears to be something unethical presented that prefers to have that presented to the Ethics Board. But there are standards of conduct that apply to decorum that I will be happy to compose a memo about. Judge Strance, anything you wanted to add? (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Committee.) MS. STRANCE: Thank you. Elizabeth Strance, Corporation Counsel. I'll be happy to meet with you, Chair Kimball. I think sometimes well-meaning comments that can be taken out of context. And so, references to a person's race, background, employment; those sorts of things, even if meant in a positive light, can also be interpreted negatively. While it's not inappropriate to want to and ask to meet with candidates, and I think sometimes well-meaning comments and offers can sometimes be taken out of context and misinterpreted, and can leave people with an impression that something inappropriate is expected, when in fact, it was just something well-meaning. So, I'm happy to provide guidance on that. My personal observation is that everybody's trying to be helpful and to do their best, and it's difficult for me to stand up from where I am and run up in the Page 30 GOEAC-31 May 1, 2024 middle of a conversation. And I think everyone should feel open to receiving feedback during the course of a discussion just to check each other if somebody has concerns about it. But having said that, I'm happy to provide a memo or a list of dos and don'ts. think when you receive it it'll be obvious that it's just a moment of having a discussion with a candidate who thinks about and carry with them multiple meetings depending upon who hears them, even if they weren't intended to be, you know, improper. MS. LEE LOY: Thank you, Judge Strance. Thank you, Chair Kimball. Thank you, Ms. Evans for the opportunity. CHR. EVANS: Thank you for bringing that up, and it's always good to get a refresher on ethics and use of generalizations, you know, that may be offensive. So, I think it'll be good to get the memo too. So, I appreciate you bringing it up. ADJOURN- There being no further business, Chair Evans adjourned the meeting at MENT: 12:59 p.m. CHR. EVANS: We're adjourned. Approved: Ms. Cindy Eva ks-154air Committee on Governmental Operations and External Affairs CE/dt (Date) Page 31