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HomeMy WebLinkAboutMIN COUNCIL 2024-05-01 2022-2024 Hawaii County Council 371h Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii May 1, 2024 INVOCATION: Pastor Charles Brodhead of Kona Church of the Nazarene gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 1:08 p.m., in the Council Chambers, Kailua-Kona, 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 Kdneali`i-Kleinfelder, Member (via videoconference from Hilo) Ms. Ashley L. Kierkiewicz, Member(via videoconference from Hilo) Ms. Susan L. K. Lee Loy, Member Ms. Rebecca Villegas, Member (came in later) 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, Chair Kimball presented a certificate to the County Council EXPRESSIONS OF on behalf of the organizers of the Merrie Monarch Festival in recognition of the CONDOLENCE: Council's participation in the 61st annual parade.) 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: ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. Hawaii County Council-37 May 1,2024 CHR. KIMBALL: I wanted to take this opportunity to share with you folks, you know, between the last Council meeting and the budget hearings, we did have a quick trip to Hatsukaichi, Japan, our newest sister-city relationship. And I wanted to share with you, during the ceremonial signing of that sister-city agreement, we were presented with some gifts. So I'm putting one of them here which is this lantern that has, you can't see it on the screen, but it has cranes imprinted on it. For those of you who don't know the history, Hatsukaichi is in Hiroshima Prefecture, which of course Hiroshima was one of the places where the bomb was dropped. And the symbol of the crane is both the symbol of peace and the symbol of recovery, and that is an important part of why we formed the sister-city relationship with Hatsukaichi. So these gifts here, including the lantern and a couple of teacups that were made specifically in Hatsukaichi were the omiyage that was shared with me from City Council Chair Nita from Hatsukaichi City as a gift to us in the formation of our sister-city agreement. So I wanted to take the opportunity to share that all with you. We presented them with a kukui nut bowl, the kukui nut being both a functional and beautiful wood. But this symbolizes the kukui nut oil was one of the oils that can keep burning and it provides light. And that symbol of light in terms of our relationship I think is interesting, that they gave us a lantern and we gave them a bowl that symbolizes that sort of brightness. So, happy to be part of the ceremony to form that relationship. Return to Order The Chair directed the Council to return to the order of business. of Business: 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: Michael Lancaster: Bill 125, Draft 2 (Comm. 679.45), in support. Randee Golden: Bill 125, Draft 2 (Comm. 679.45), in support. Raymond Pajek: Bill 125, Draft 2 (Comm. 679.45), in support. Jon Luft: Bill 125, Draft 2 (Comm. 679.45), in opposition. Debbie Choo: Bill 125, Draft 2 (Comm. 679.45), in support. Susan Laughlin: Bill 125, Draft 2 (Comm. 679.45), in support. Page 2 Hawaii County Council-37 May 1,2024 Alohalani Hope Cermelj: Bill 125, Draft 2 (Comm. 679.45), in support. 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 March 6, 2024, were approved. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 471-24: AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE HAWAII EMERGENCY MANAGEMENT AGENCY (HI-EMA), PURSUANT TO HAWAII REVISED STATUTES 46-7, FOR A GRANT TO THE HAWAII FIRE DEPARTMENT Allows for the receipt of$33,200 to fund the Hazard Mitigation Grant Program- Post Mana Road Fire program to reduce the risk of wildfires. Reference: Comm. 797 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-154 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 471-24 and Finance Committee Report No. 154. Seconded by Ms. Galimba. CHR. KIMBALL: Any discussion on this resolution? Do we have anybody there from HFD (Hawai`i Fire Department)? MR. KANEALII-KLEINFELDER: We do not have anyone in chambers. Given the positive discussion at Committee level, I look forward to everyone's support. CHR. KIMBALL: Any other discussion? Seeing none, all those in favor please say "aye." Vote on Res. 471-24: The motion to adopt Res. 471-24 and Finance Committee (Adopted) Report No. 154 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Page 3 Hawaii County Council-37 May 1,2024 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: Bill 146: AMENDS ORDINANCE NO. 23-50, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2024 Appropriates revenues in the Federal Grants —Hazard Mitigation Grant Program — Mana Road Fire account($33,200); and appropriates the same to the Hazard Mitigation Grant Program —Mana Road Fire account to reduce the risk of wildfires. Reference: Comm. 797 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Approve: FC-155 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 146 on first reading and adopt Finance Committee Report No. 155. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: I look for everyone's support. Thank you. CHR. KIMBALL: Any further discussion? Seeing none, all those in favor please say "aye." Vote on Bill 146: The motion to pass Bill 146 on first reading and adopt (Approved) Finance Committee Report No. 155 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Bill 147: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-279, SCHEDULE 27 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PARKING ON PAVEMENT PROHIBITED AT ALL TIMES Adds a provision prohibiting parking on pavement at all times for a portion of the east side of Government Road in Ka`u, near its junction with Nmole Loop Road. Reference: Comm. 803 Intr. by: Ms. Lee Loy (B/R) Approve: PCIA-7 Page 4 Hawaii County Council-37 May 1,2024 Motion to Approve: Ms. Lee Loy moved to pass Bill 147 on first reading and adopt Policy Committee on Infrastructure and Assets Committee Report No. 7. Seconded by Mr. Inaba. CHR. KIMBALL: Any discussion, Council Member Lee Loy? Anyone else? Council Member Inaba. MR. INABA: Yeah, sorry. Just wanted to make sure Council Member Galimba is in support. I believe it's in her district. MS. GALIMBA: Yes, it is. I am. CHR. KIMBALL: Any other discussion? Seeing none, all those in favor please say "aye." Vote on Bill 147: The motion to pass Bill 147 on first reading and adopt (Approved) Policy Committee on Infrastructure and Assets Committee Report No. 7 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Bill 159: AMENDS ORDINANCE NO. 23-51, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2023 TO JUNE 30, 2024 Increases the appropriation to the Public Works Bridge Repair Projects —Honoli`i and Kaiwilahilahi Streams - Federal Project($14,282,000) in the Capital Budget. Funds for this project shall be provided from Federal Grants Receivable and would be used for structural repairs to and preservation of the Honoli`i Stream Bridge and the Kaiwilahilahi Stream Bridge. Reference: Comm. 844 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawai`i County Charter Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 159 on first reading. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. Page 5 Hawaii County Council-37 May 1,2024 MR. KANEALI`I-KLEINFELDER: I do have a comment about this. When I started surfing here on the island, I surfed at Honoli`i all the time. And as a 20-something year old, I always did wonder about how those bridges were upkept, who did the work. In my role now and still as a, you know, not as much surfing as I used to, but in my role now, I look at those bridges a little differently and how they act as emergency access routes and those kinds of things. So it's good to see us taking the steps to ensure that we're taking care of some of our bridges. I know this isn't my district, but I've seen it in two different lights now. So, good to see us taking up the repair projects, and look forward to seeing how this benefits the community. And I do believe this is your district, Chair. So thank you. CHR. KIMBALL: Indeed it is. Anyone else, discussion on this? All right, seeingoh, Council Member Galimba. MS. GALIMBA: I just noted that this is an Infrastructure Investment and Jobs Act grant with a hundred percent Federal funds. So, pretty cool. Yeah. CHR. KIMBALL: Thank you for that, Council Member Galimba. Mahalo to our Department of Public Works for bringing that funding into our County. These are two important bridges in District 1. So, very glad to have that Federal support. MS. VILLEGAS: Chair? CHR. KIMBALL: Yes, Council Member Villegas. MS. VILLEGAS: I just want to second that. After having been at a meeting last week with DPW (Department of Public Works) and some of the engineers there that were sharing another project that they've gotten 90 percent of the funding from the Federal government, I just want to give highest praise and credit where credit is due for going out and finding these resources and funding to help us improve, not just improve, but rebuild our dilapidated infrastructure. So for the furtherance of health and safety of our community. So thank you for all that extra legwork it takes to go find this money, do the paperwork, and then engage in the projects. I yield. CHR. KIMBALL: Thank you, Council Member Villegas. Anyone else? Seeing none, all those in favor please say "aye." Page 6 Hawaii County Council-37 May 1,2024 Vote on Bill 159: The motion to pass Bill 159 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Bill 142: ADOPTS A PAY PLAN FOR PERSONS EMPLOYED BY THE COUNTY OTHER THAN THOSE WHOSE PAY IS OTHERWISE PROVIDED FOR, DESIGNATING PAYROLL PERIODS, PAY DAYS, PRESCRIBING REQUIREMENTS WITH RESPECT TO OFFICIAL FIDELITY BONDS, AND REPEALING ORDINANCE NO. 23-46 AND ALL AMENDMENTS THERETO, SAID ORDINANCE TO BE KNOWN AS THE SALARY ORDINANCE OF 2024 Establishes rates of compensation for appointed employees in the Legislative Branch and the Office of Housing and Community Development, the County Physician, Student Helpers, and Senior Community Services Aids for various County agencies, and incorporates updates to minimum wage positions. Reference: Comm. 781 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: April 17, 2024 Vote on Bill 142: Mr. Kaneali`i-Kleinfelder moved to pass Bill 142 on (Adopted) second and final reading. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Return to Order The Chair directed the Council to return to the order of business. of Business: Page 7 Hawaii County Council-37 May 1,2024 Res. 488-24: 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 NORTH KOHALA COMMUNITY RESOURCE CENTER FOR THE KING KAMEHAMEHA DAY PARADE CELEBRATION Transfers $4,000 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 826 Intr. by: Ms. Evans Motion to Approve: Ms. Evans moved to adopt Res. 488-24. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. I just wanted to let my colleagues know that there is a King Kamehameha Day Commission. They work really hard to raise money, and they distribute it across the islands. It's not a whole lot when they spread it around to the different groups doing this King Kamehameha Day celebration. And I learned that my community had to do bake sales and really work hard to cover their costs of having the King Kamehameha Day celebration up in Kohala. And so I really want to support their efforts, which has been continuous year after year and will continue hopefully forever. So thank you. I ask for your support. CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? Seeing none, all those in favor please sayoh, Council Member Villegas. MS. VILLEGAS: Just a quick question about what's the date of this King Kamehameha Day. And I apologize. I'm not remembering what the date of the parade is. MS. EVANS: I think it's June 1 Ph this year. It's always on the 1 Ph. MS. VILLEGAS: Okay, great. Thank you. CHR. KIMBALL: Anyone else? All those in favor, please say "aye." Page 8 Hawaii County Council-37 May 1,2024 Vote on Res. 488-24: The motion to adopt Res. 488-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Res. 489-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE DEPARTMENT OF PARKS AND RECREATION, ELDERLY ACTIVITIES DIVISION IN COUNCIL DISTRICT 9 Transfers $9,300 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Parks and Recreation, Elderly Activities Division Special Programs Other Current Expenses account($7,295) and Equipment account($2,005). Reference: Comm. 827 Intr. by: Ms. Evans Motion to Approve: Ms. Evans moved to adopt Res. 489-24. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. I have three senior centers. I have one in Waikoloa, one in Waimea, one in North Kohala and Kapa`au. The Elderly Activities Division, there's been so much, over time, less money available, and so many of their activities have been cut back. I was kind of surprised to hear how much they'd been cut back. So this little bit spread amongst three clubs hopefully will get them some more activities. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 489-24: The motion to adopt Res. 489-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Page 9 Hawaii County Council-37 May 1,2024 Res. 490-24: 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 NORTH KOHALA COMMUNITY RESOURCE CENTER TO SUPPORT THE"KOHALA VOICES: YOUTH DOCUMENTARY FILM PROGRAM" PROJECT Transfers $4,700 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 828 Intr. by: Ms. Evans Motion to Approve: Ms. Evans moved to adopt Res. 490-24. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. Many of us have heard of oral history and how important it is to tell the stories of where we come from. This is one of those efforts. It has been ongoing and this just supports them in continuing their program. Again, it's about the history of North Kohala. Thank you. CHR. KIMBALL: Thank you, Council Member. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 490-24: The motion to adopt Res. 490-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Kierkiewicz— 1. Excused: None. Res. 491-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TWO KAT KAKOU TO SUPPORT ITS COMMUNITY GARDENS PROJECT Transfers $8,500 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 829 Intr. by: Ms. Galimba Page 10 Hawaii County Council-37 May 1,2024 Motion to Approve: Ms. Galimba moved to adopt Res. 491-24. Seconded by Ms. Lee Loy. CHR. KIMBALL: Any discussion? MS. GALIMBA: Chair, I wanted to thank my Legislative Assistant Kea for shepherding all of the CRF (Contingency Relief Fund) funds, but especially this one. `O Ka`u Kakou is a great organization. They are helping to feed those in need in the community, but also providing opportunities for folks to learn agricultural skills and other life skills through these community gardens. And it's quite an extensive community garden. Asking for my colleagues' support. Thanks. CHR. KIMBALL: Thank you, Council Member Galimba. Council Member Evans. Council Member Evans, did you ? MS. EVANS: Oh, I'm sorry. CHR. KIMBALL: No worries. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 491-24: The motion to adopt Res. 491-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Res. 492-24: 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 HAWAII SOCIETY OF OBSTETRICIANS AND GYNECOLOGISTS TO SUPPORT ITS RESIDENCY ROTATION PROGRAM Transfers $4,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 830 Intr. by: Ms. Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 492-24. Seconded by Ms. Lee Loy. Page 11 Hawaii County Council-37 May 1,2024 CHR. KIMBALL: Any discussion? Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. Just looking for my colleagues' support on this. We worked along with Chair Kimball's team to try to get this to a place that we were happy with and the organization was happy with and the Corporation Counsel was okay with. It's really important. As you all know, we have a huge doctor shortage here, especially around obstetrics. So thank you so much. Looking for your support. CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 492-24: The motion to adopt Res. 492-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Res. 493-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR MAINTENANCE AND/OR IMPROVEMENT PROJECTS AT VARIOUS PARK FACILITIES IN COUNCIL DISTRICT 2 Transfers $33,508 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Parks and Recreation, Transfer to Capital Projects Fund-General account. Reference: Comm. 831 Intr. by: Ms. Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 493-24. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. Just looking for my colleagues' support. As you probably know in your districts, we have a lot of needs with our Parks and Rec's (Recreation's) department for maintenance and improvement of our Parks facilities. Originally, I wasn't going to give quite this much, but a couple of my last-minute CRFs fell through. So I'm really happy to give this much to Parks because they really need it. So, looking for your support. Thank you. Page 12 Hawaii County Council-37 May 1,2024 CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else? Seeing none, all those in favor please say "aye." Vote on Res. 493-24: The motion to adopt Res. 493-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Res. 494-24: 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 HAWAII COUNTY ECONOMIC OPPORTUNITY COUNCIL FOR REIMBURSEMENT OF EXPENSES RELATING TO THE KEA`AU FAMILY FUN DAY Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 832 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 494-24. Seconded by Ms. Kierkiewicz. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALII-KLEINFELDER: With your okay, Chair, I'd like to just say a few words about this event. This is an amazing event, and I really do appreciate HCEOC (Hawai`i County Economic Opportunity Council) for partnering with Jarneski Rentals to put on the Kea`au Family Fun Day. It proved to be—although it was raining, like it always is in Puna, it was just an amazing event. I was there. We had keikis. We had families. We had kupuna. We had free food. They had waterslides. I mean, the list goes on. And I just cannot highlight the partnership with Jarneski Rentals in putting on such an amazing day. This is the second year they've done this. And his reason for doing it is "I just want to see our Parks and our community having an amazing time." He just wants to do this because he loves our community in Puna. So I really cannot say enough about Stacey Jarneski. The family fun day was absolutely amazing. The Parks and Recreation folks within the Shipman Park and Buddy Perry park facility, Dana specifically at the Kea`au Armory,just amazing. Page 13 Hawaii County Council-37 May 1,2024 I think the goal is to make this bigger and better every year. We've coordinated with the Shipman group to help us with parking in the future. I just see some really big potential here for this event. So I look forward to everyone's support, and hoping people can make it if they have time next year. But just cannot say enough about this event for our community. Thank you. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Anyone else? Vice Chair Inaba. MR. INABA: Just a question for the maker, I guess, and maybe Corporation Counsel regarding the reimbursement nature of this resolution. Mr. Kaneali`i- Kleinfelder, could you ? MR. KANEALI`I-KLEINFELDER: You know what, I've got to say this is an ongoing conversation with the whole contingency relief fund process. The paperwork was done before the event happened, as was decided by the group, I'd say the Council and Corporation Counsel, as far as paperwork being done, the process being done before the event, and then of course the resolution following behind, given our time and our processes. Reimbursement is what this is at this point. I don't know how else to say this. I did listen to the prior Council meeting two weeks ago, relating to a resolution for exactly the same purpose. So, interested to hear some ways on moving these kinds of things forward. But, in my eyes, we follow the processes that we have in effect right now to the T. I'm open to comments, ways to make this better from Corporation Counsel. MR. INABA: Okay, thank you. Corporation Counsel,just as a matter of having us be consistent here. We've had discussion about having all the paperwork and everything in ahead of the event. And then sometimes the resolution doesn't make it to the Council floor till after, but this one has it drafted as a reimbursement. So I just don't see how that's in line. I'm in support of this, but it's counter to what we've been talking about. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Good afternoon. Elizabeth Strance, Corporation Counsel. It is what it is. It's accurate to state that it's a reimbursement. What I looked at was the B-52 is dated before the event, and we have given some latitude. We've talked a little bit to the Clerk's office. They're not comfortable calling something an expense when the expense has already been paid. Page 14 Hawaii County Council-37 May 1,2024 The main concern I have is when this becomes the rule instead of the exception. And I think that as a body, too, you can say, "I don't want to approve reimbursements no matter what. People need to get everything in early enough for us to process it. That's just how I feel about it." Where I try to come down is where I think something is illegal, and then leave for you folks to have some conversation about it. This is an uncomfortable compromise, I think, to do reimbursements. But, as a general statement, your use of the contingency monies so long as the purpose itself is okay, you don't seem to question the purposes for them. And so the commitments to awarding contingency monies seems to be a place where people begin to count on them as does the Council Member. I would love for you to enact a rule saying everything has to be processed before the event, but that's not a line that you folks feel comfortable with, nor a line that I feel comfortable saying, "Absolutely not." So this an area where I think you folks need to struggle and maybe have this as part of your rules, but this a line that we've drawn. MR. INABA: Okay. We've been struggling. I don't want to struggle anymore. So I just think if we're going based on this idea that the B-52 is taking care of, but we've been telling people we don't do reimbursements, it doesn't make sense to have that language in the resolution then. Because, we're passing a piece of legislation that goes directly against what we're telling community, that we don't reimburse. So I hear what we're saying, what is considered an expense versus what is a reimbursement, but it doesn't line up for me and what we're representing to community. MR. HENRICKS: Madam Chair? I'm sorry CHR. KIMBALL: Yes, go ahead, Mr. Clerk. MR. HENRICKS: Could I interrupt you, Mr. Inaba? Madam Chair, I just wanted to provide a little context here. The use of the word "reimbursement"was never suggested by Corporation Counsel in the resolution. It was something that was suggested or incorporated by LRB (Legislative Research Branch)just to make it clear that the event had already occurred. And we also timed it out to where, even if the resolution was signed and introduced prior to the event but the resolution was going to appear on the agenda, that was the threshold, if you will, as to whether it was a reimbursement. So, after we've heard clear the discussions that this Council has had with Corporation Counsel, this will probably be the last resolution where you see that word. Okay? Page 15 Hawaii County Council-37 May 1,2024 MR. INABA: Okay. Thank you. Just want to make sure what's on paper is lining up with what advice or opinions have been given and what we are trying to follow. So, in support. Thank you. Apologies to Mr. Kaneali`i-Kleinfelder for taking this away from what the actual event is, but we are really trying to stop struggling. So thank you. Thank you, Chair. CHR. KIMBALL: Thank you, Vice Chair Inaba. And this actually came up around another resolution at our last meeting where you weren't here. Generally, the advice that I have given to my colleagues is that if the paperwork has been submitted and there is that expectation that the contingency funds will be provided to the nonprofit, that satisfies the Code language that the event is "to be" at some point in the future because there's an element there we don't have control. But it is imperfect and so I look forward to suggestions for amendments to that section of the Code so we have a little bit more clarity in our expectations. All right, any more comments on MR. KANEALI`I-KLEINFELDER: Chair? CHR. KIMBALL: Yes, Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I just wanted to take a second to appreciate the comments of Corporation Counsel. Ms. Strance, thank you for that explanation. And then also to something that Mr. Henricks said, which is completely true, is for balancing the actuality of the event and the timing of the event and the paperwork, the correct language from LRB through our Clerk's office, and then as well taken in the comments from Corporation Counsel and trying to put all those into one pretty picture. And this is the result of that. And everything about it is correct and appropriate except we still do have this struggle. So I appreciate everyone's comments. And no offense taken, Mr. Inaba. We did struggle with this as well when we put it forward. So, good to hear everyone kind of in alignment, although we still don't have a definitive solution. Just nice to hear that everyone's in alignment in understanding the process. Thank you. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 494-24: The motion to adopt Res. 494-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Page 16 Hawaii County Council-37 May 1,2024 Res. 495-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAMAKUA HEALTH CENTER, INC., FOR THE 2024 HONOKA`A WESTERN WEEK FESTIVAL Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 833 Intr. by: Ms. Kimball Motion to Approve: Ms. Lee Loy moved to adopt Res. 495-24. Seconded by Ms. Galimba. CHR. KIMBALL: Any discussion? I just wanted to take a moment to invite all of you to this annual tradition in Honoka`a. It's a lot of fun the whole week. There's a lot of activities going on: rodeo,parades, food, the whole big gamut. So I hope you will join us up in Honoka`a for a fun-filled week. I ask for my colleagues' support. All those in favor, please say "aye." Vote on Res. 495-24: The motion to adopt Res. 495-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Res. 496-24: 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 LGBTQ PRIDE TO SUPPORT ITS 12TH ANNUAL PRIDE FESTIVAL Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 835 Intr. by: Ms. Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 496-24. Seconded by Ms. Lee Loy. Motion to Postpone: Ms. Kagiwada moved to postpone Res. 496-24 to May 15, 2024. Seconded by Ms. Lee Loy. Page 17 Hawaii County Council-37 May 1,2024 CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: Thank you. Sorry. We just have a small technical issue that we need to check on before we put this through completely. We weren't able to get the answer before today, but just want to double-check on something to make sure everything's good and above board. But it should be fine for next time. Thank you. CHR. KIMBALL: Thank you. Any discussion on postponement? Seeing none, all those in favor please say "aye." Vote on Motion to The motion to postpone Res. 496-24 to May 15, 2024, was Postpone: carried by the following voice vote: (Approved) Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Res. 497-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO D.A.R.E. HAWAII TO ASSIST WITH EXPENSES RELATED TO ITS 2024 D.A.R.E. DAY CELEBRATION EVENT IN WEST HAWAII Transfers $4,990 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 836 Intr. by: Mr. Inaba (Note: Comm. 836.1, from Council Member Holeka Goro Inaba dated April 30, 2024, transmitting proposed amendments to Res. 497-24, was circulated.) Motion to Approve: Mr. Inaba moved to adopt Res. 497-24. Seconded by Ms. Lee Loy. Motion to Amend: Mr. Inaba moved to amend Res. 497-24 with the contents of Comm. 836.1. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Inaba. Page 18 Hawaii County Council-37 May 1,2024 MR. INABA: Thank you. As we continue to clean up our language regarding public purpose in our resolutions, we're moving the words "gifts" since we do not support individual gifts with our contingency relief funds or any County grant. So ask for your support on this amendment. CHR. KIMBALL: Thank you, Vice Chair Inaba. Any other comments? Seeing none, on the amendment, all those in favor please say "aye." Vote on Motion to The motion to amend Res. 497-24 with the contents of Amend: Comm. 836.1 was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. 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. 497-24. Rules: Seconded by Ms. Kagiwada and carried by the following (Approved) voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. CHR. KIMBALL: Go ahead, Vice Chair Inaba. MR. INABA: Thank you. I ask for my colleagues' support. This event is taking place here in Kona at the Kekuaokalani Gym at Kona aquatics center on May 10''. So, welcome the community to head on down and participate. And mahalo to our community policing `ohana for helping to organize this and for asking for our support. Mahalo. CHR. KIMBALL: Thank you, Vice Chair Inaba. Anyone else? Seeing none, all those in favor please say "aye." Page 19 Hawaii County Council-37 May 1,2024 Vote on Res. 497-24: The motion to adopt Res. 497-24, 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, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Res. 501-24: 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 HILO HIGH SCHOOL FOUNDATION FOR THE 2024 HILO HIGH GRAD NITE Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 845 Intr. by: Ms. Kimball Motion to Approve: Ms. Kagiwada moved to adopt Res. 501-24. Seconded by Ms. Lee Loy. CHR. KIMBALL: Go Vikings! All my kids graduated Hilo High. Even though it's not physically in my district, a lot of the district members in District 1 are Vikings forever. Right? Yeah, Council Member Kagiwada. MS. KAGIWADA: Thank you. I just wanted this got all caught up in that whole issue with the Department of Liquor. And I just wanted to, for the record, make it really clear because Hilo High is in my district, and both you and Council Member Lee Loy are giving money to them. And I didn't give money to them because I directed them to the Department of Liquor, and they gave the money. And they said that they would give them more if they needed it. So I reached back out to them to say, "Do you need more," and they said no. So I was just a little confused by them then going to you to ask for money. It looks like I didn't provide any to the school in my district and you guys did. So I just want to be very clear that I totally support this event. I feel like I tried to go the right way. There was a lot of confusion. So we have reached back out to them to say if you need more, let us know, but so far they have said no. So thank you both for supporting the Hilo High Grad Night. And hopefully by next year it will be crystal clear what we're doing. CHR. KIMBALL: Thank you, Council Member. Council Member Lee Loy. Page 20 Hawaii County Council-37 May 1,2024 MS. LEE LOY: Council Member Kagiwada, at Waiakea High School, we're taught to give to charity. And so, Hilo High, we can provide charitable contributions. In support of this resolution. Thank you, Chair, I yield. CHR. KIMBALL: Thank you so much, Council Member Lee Loy. All right. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Res. 501-24: The motion to adopt Res. 501-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. Excused: None. Res. 502-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAMAKUA HEALTH CENTER, INC., FOR THE HONOKA`A HIGH SCHOOL 135 YEARS CELEBRATION Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 846 Intr. by: Ms. Kimball Motion to Approve: Ms. Lee Loy moved to adopt Res. 502-24. Seconded by Ms. Galimba. CHR. KIMBALL: Just want to ask for everybody's support in this event, which promises to be huge. You wouldn't necessarily think a high school reunion type thing would be huge. This is going to be like a weeklong of things, and everybody in Honoka`a and the surrounding areas, there's a lot of ties. There's deep ties in the Dragon blood there up in Honoka`a. So wow! They are just planning so much. So I'm excited to be a part of the support for this effort. But, yeah, go Dragons! Green and gold forever. I ask for your support. Any further conversation? Seeing none, all those in favor please say "aye." Page 21 Hawaii County Council-37 May 1,2024 Vote on Res. 502-24: The motion to adopt Res. 502-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—9. Noes: None. Absent: None. 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 125: AMENDS CHAPTER 6 OF THE HAWAII COUNTY CODE 1983 (Draft 2) (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO COMMERCIAL BICYCLE TOURS Seeks to prohibit the operation of commercial bicycle tours on a portion of Kohala Mountain Road and a portion of the Akoni Pule Highway. Reference: Comm. 679.45 Intr. by: Ms. Evans Negative: PCPLUD-9 (Due to a vote of 4-ayes, 4-noes, 1-absent) Postponed: March 20, 2024 (Note: There is a motion by Ms. Evans, seconded by Ms. Villegas, to pass Bill 125, Draft 2, on first reading.) (Note: Comms. 679.59 and 679.60, from Council Members Cindy Evans and Ashley L. Kierkiewicz, respectively, dated May 1, 2024, transmitting proposed amendments to Bill 125, Draft 2, were circulated.) CHR. KIMBALL: Council Member Evans, go ahead. MS. EVANS: Thank you, colleagues. First of all, I have Chief Moszkowicz (Note: At this time, Police Chief Benjamin Moszkowicz came forward to address the members of the Council.) MS. EVANS: There you are. Thank you for being in on Zoom. Steve Pause is traveling back from the Mainland, and so he's unavailable by Zoom, unfortunately. But having said that, I listened to my colleagues about a lot of their concerns, and Member Kierkiewicz offered to sit down and talk with me and work with me. And we met and had a conversation and I went away and kind of Page 22 Hawaii County Council-37 May 1,2024 digested what my thoughts were, and I'm putting forth an amendment. Member Kierkiewicz also went from that meeting, and also she's introducing a proposed amendment also. I think both of them have a lot of good stuff in them. I'm looking for a robust discussion by my colleagues. I think it's an interesting place that we're at, knowing that the community, these particular roads and given the conditions of the roads, again I believe do not lend themselves to commercial bicycle tours. And State law is very clear that the County Council can restrict roads for that purpose. So, having said that, I think I would like to proceed with offering up, first of all, my amendment, which is Communication No. 679.59. Motion to Amend: Ms. Evans moved to amend Bill 125, Draft 2, with the contents of Comm. 679.59. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Evans, on the amendment. MS. EVANS: Thank you. I think that when I looked overI read the whole Traffic Code again and again and tried to find consistency in language in how we address things like skateboards, which we do restrict skateboards in Downtown Hilo, but how was that drafted in—kind of how does that flow in terms of the logic of the language. And so, basically, mine I didn't change much in terms of content as much as rewriting it in a way that I think flowed a lot better for people reading it. So, for example, under the purpose section, I realized that I had the last sentence as the purpose clause where the first sentence should have been the purpose statement. And I did change that a little bit to really point out that we're talking about high-stress two-way traffic conditions. I'm not talking about one-way roads. I'm talking about two-way roads. I'm also pointing out that there may be conditions that exist resulting from topography, design, or other physical conditions, including pavements less than 18 feet, limited sight distances, unpassable shoulders, winding or hilly terrain, and other vehicle operating inhibitions. I was hoping if I had that as the first sentence, it would get more in line as to why we as the Council, what it is that we're trying to address. So that's why I changed that one. And then when you go to the second page, what I did is I retitled the sections. And so now one of them is actually more like the authority to restrict. And then I split up the prohibitions, which designates the particular part or what—it gives you the specific designated highway that we're trying to restrict, and then the penalties. So it was combined before. Prohibitions and penalties were all in one section. And I split those up in two because that seemed to be what we did in other areas of our Traffic Code. So I thought it really did create a little bit more, maybe easier to read, but I basically didn't change a lot really much in terms of content. Page 23 Hawaii County Council-37 May 1,2024 Under "Restrictions on commercial bicycle tours,"the language now reads "The council may by ordinance prohibit commercial bicycle tours on designated portions of public highways when topography, design, or other physical conditions result in limited sight distances or vehicle operating inhibitions." So I did this hoping that, like I said, it would be more consistent with the Traffic Code, and hopefully flows a lot better as to what we're trying to do. So, open to comments. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Anyone else on the amendment before us? Again for amendment 679.59. Council Member Lee Loy. MS. LEE LOY: On the amendment. I understand that you have—Mr. Pause is traveling back. But you provide descriptors of road types, right; impassable shoulders. And I just want to make sure that if we do move this policy forward, that it actually intersects nicely with what Public Works articulate roads and road conditions like. That way, it's supported both ways, which then helps Police Department—and thanks, Chief, for being here—that we're all very consistent with the language. I'm willing to hold this, but I would really like somebody from DPW to provide some guidance that the terminology on these conditions of roadways that we're using really does line up. And at the end of the day, there is a rubric or a measure for Police Department to use so that it's enforceable over and across all of our roadways throughout the County. That's just my only rub with this amendment. I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Anyone else on the amendment? Council Member Kagiwada. MS. KAGIWADA: Thank you. I had a very similar take here,just things like "high-stress two-way traffic." Just wondering if there's data that informs what a high-stress condition is. Yeah. So I would love to just have DPW here to explain these terms to us a little bit and how they're supported by data. That would be really helpful I think. Thank you. I yield. CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else? All right, seeing none, I'll just on the amendment. I like where this is going. I also like where this additional amendment that has been presented, that we'll discuss in a moment, is going. I'm not sure how this—maybe I need Clerk's advice in terms of course of action. If I like stuff in another amendment that might override what is in this amendment, do I still vote for that amendment if it's ultimately going to get overwritten by a future amendment? MR. HENRICKS: I don't think one amendment I think you have to choose. I looked at these two very quickly. They were just produced recently. But there Page 24 Hawaii County Council-37 May 1,2024 are—specifically the areas on what is titled in 679.59 as "Restrictions on commercial bicycle tours" and what is titled"Authority to restrict,"they don't play well together. CHR. KIMBALL: Yeah, okay. So, Council Member Evans, I'm going to vote "no" on 679.59 because I like what's coming to us as this concept that's in the resolution coming from Ms. Kierkiewicz, although there are components of this that I like, which I think we can discuss when we get to the main body of the bill. So I'll be voting "no" on this amendment just because I want to see these components of two combined. Council Member Galimba. MS. GALIMBA: Just same. Point of Order: MS. EVANS: So a question. Point of order. If we hold the amendment or withdraw the amendment, then I'm going to suggest that we postpone because the Director is traveling today. He'll be back. But more importantly, it's an opportunity to maybe have a discussion on the next amendment and then see what we can do to maybe combine and have an amendment two weeks from now. CHR. KIMBALL: What I'm going to propose is maybe suggest that you withdraw the motion to amend with 679.59. Let's have Council Member Kierkiewicz make the motion around her amendment. At least introduce it to us and provide us some information, and then we can look at postponing until we have a time to have the Director here. But why don't we do that so we can at least have a little bit of dialogue today about the additional amendment. MS. EVANS: Right. Because, I really do like hearing your reaction to this amendment and what's good about it, what you like about it. And then we're going to be listening to the other amendment, what we like about that. Then I see us coming back and having something I hope that the Council likes. Yeah. CHR. KIMBALL: Thank you, Council Member Evans. All right, Vice Chair Inaba. MR. INABA: Just real quick. I don't know if Chief Moszkowicz had something to add right now. It looked like he did. Chief? MR. MOSZKOWICZ: No. I just remain in support of the intent behind the bill. I haven't seen the second amendment yet. I've read Council Member Evans' but not the second amendment. So I'm really just available as a subject matter expert to answer any questions you folks might have, or to offer any insight. MR. INABA: Perfect. Thank you so much. Thank you, Chair. CHR. KIMBALL: Thank you. Okay, so, Council Member Evans, would you ? Page 25 Hawaii County Council-37 May 1,2024 MS. EVANS: I will withdraw this amendment at this time. Withdraw Motion Ms. Evans withdrew her motion to amend Bill 125, Draft 2, to Amend: with the contents of Comm. 679.59. CHR. KIMBALL: Council Member Kierkiewicz, do you want to make your motion? Motion to Amend: Ms. Kierkiewicz moved to amend Bill 125, Draft 2, with the contents of Comm. 679.60. Seconded by Ms. Lee Loy. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. One of the things that I wanted to try to solve for, which I think was a widespread concern by this body in Committee, was how the Council would go about justifying which particular roads to restrict any commercial bike tours. And so, through this amendment, offering up some guiding criteria on how that would happen, but first wanting to get a sense of what businesses are operating in this capacity in Hawaii County. So I'm proposing a simple annual registration process through the Department of Finance. And I was able to speak with Director Nakagawa about this being a very simple electronic form. And again, it's not permitting the activity but simply they are registering their status as providing commercial bike tours in the County. The registration would include things like the name of the applicant; any representatives authorized to act on their behalf, the locations, areas, and routes where they will be conducting bicycle tours; tour schedule; maximum number of participants per tour group. One of the things we also heard during Committee was that some of these tour operators may be traversing private property without proper permission. And so if any part of their route contains going through private property, having written notarized permission from the property owner to just make sure everything is okay. And then also identifying any movable structures, such as trailers and mobile containers, that are used to transport bicycles. Again, one of the problems that I had identified in Committee was commercial bike tour businesses parking their trailers at a County park, taking limited parking, and conducting a commercial operation. So just want, through this registration process, getting a sense of who is operating, how, and where. The next section of this amendment would basically create a process for how we would go about, as a Council, identifying roads where this activity is restricted. HRS (Hawai`i Revised Statutes) does grant counties the authority to do that. And very simply here just requesting that there be a letter from the Director of Public Works and the Chief of Police. And if there are any roads that are restricted that are a State highway, a letter from the director from DOT (Department of Page 26 Hawaii County Council-37 May 1,2024 Transportation)just to make the determination that they agree with the Council's proposed recommendation to restrict certain routes. As part of this restriction, identifying what would constitute an unsafe road condition. LRB worked with Council Member Evans and I, it seems, to kind of massage what this terminology would be, but I do agree with the group that we should get Public Works to weigh in on proper terminology for what is described here as an unsafe road condition. Anyway,just wanted to offer up a little bit of clarity on how any member of this body currently going forward would be able to add roads to this section of Code. Happy to take any questions. And mahalo nui to my LA (Legislative Assistant) and Jacob Perry for all of your help in getting this done very quickly. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Okay, on the amendment, Council Member Evans. MS. EVANS: Thank you. Again, it's all in the language. When it says, "poses a threat of public safety,"I'm not sure, Chief, if you canis that something possible for you to weigh in on? Is that too subjective? Or do you have—as Member Lee Loy said, do you have a rubric or a way to measure if a road is a threat? MR. MOSZKOWICZ: Thank you for the question. Having not seen it and having it just sort of described, if something was a threat to public safety, at least as far as the Police Department is concerned, it's something that we would take action on outside of potentially what the law is specifically designed to prevent. So if there is, for example, a road condition that was a hazard to public safety, from the Police perspective we'd probably close the road until the public safety hazard could be alleviated somehow. I know wording is everything. Just from our perspective, that's what my first impression of that particular phrase would be. MS. EVANS: Is there a way that if the Council the way it's saying is the Council may, by ordinance,prohibit. Is there a way that the Council can request aI was thinking, at the time, like an on-site confirmation that they went out and confirmed that, in fact, yes, these conditions do exist that do restrict vehicular traffic. The point being is, for example, Kohala Mountain Road, if you're going up this hilly windy road, you might have eight miles before you can legally pass because there's no line of sight. There's no passable shoulders. So maybe we'd just determine it's too dangerous for anybody to pass. I mean, I'm just trying to think what the process would be that you could validate that these conditions exist. MR. MOSZKOWICZ: I mean, yeah, that's something that certainly each of our district(inaudible)would be able to do very easily, to talk about the conditions and the road infrastructure. And maybe not from a roadway design standpoint, but certainly from a use standpoint and from their experience. The officers are Page 27 Hawaii County Council-37 May 1,2024 driving around on these roads, every road,just about every day. So it would be very easy for us to offer an opinion or an evaluation of whether or not we felt such a restriction would be appropriate. MS. EVANS: You could evaluate it. Okay. Well, that's good to know. Maybe we have to work on the language, but that's good that you believe you could. Thank you. I yield. CHR. KIMBALL: Thank you, Council Member Evans. Council Member Lee Loy. MS. LEE LOY: Thanks. For the maker, Ms. Kierkiewicz, I looked back at our notes and that was one of the suggestions, was kind of getting a registration process going. So I really like that in this amendment. And then looking ahead, what then happens? And I'm asking this question because, within our Code, we identify various roads and put in the speed limits. Is that the same mechanics thereafter with this proposed piece of legislation? There's a registration process and then if there's a road that's identified as not favorable to commercial bike tours, it would be identified on a road list within this section? MS. KIERKIEWICZ: Chair, if I could respond. CHR. KIMBALL: Go ahead, Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. And I'm going to try to dissect your question. I think the registration is separate from what roads we are restricting for tour operations. I think anybody that registers as part of the process would be provided information on which roads are essentially taboo. And I think the idea of should the Council identify roads to restrict these tours on, that signs be erected and in place so it's crystal clear to everyone that there should be no tours. And I think that would be helpful for Police in their efforts to catch and enforce the law. So it's definitely something we can add. Thank you. MS. LEE LOY: Thank you. Yeah, I like this amendment because it lays out a process. I mean, this might be a potential for some new revenue source when it comes to looking at our commercial tour operators. And we're all looking to improve roads. So taking this first step to at least identify them, get an overlay of their routes as outlined within this amendment where we can actually take some information down and overlay them over the various roads to see what roads are being used, the capacity of those roads. Maybe we can even overlay our Mass Transit routes and maybe start populating information on areas where we can get to the Complete Streets, and use this as an evaluation tool so that we can get to better road paving and places where tour Page 28 Hawaii County Council-37 May 1,2024 operators and/or roads are being used in other ways, and help us make better decisions when we identify roadways to pave. Those are my thoughts, but in support of this amendment. I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Vice Chair Inaba. MR. INABA: Thank you. Generally in support of this. I like the registration part of it. I guess the only thing I would want to change is when we look at getting feedback from the Police Chief and from DPW Director, I don't want to have our decisions dependent on three people whether we can or cannot enact legislation. So my recommendation would be to require review and a recommendation from those people, but not require their support for us to move forward with a piece of legislation. But I think it is imperative that we do get their feedback,just not require it for us to move forward. And then on top of that, I guess the only other thing is maybe, Corporation Counsel, if you can speak to, real quick, our ability to enact legislation that governs State highway. I just wanted some feedback there. But thank you, Council Member Kierkiewicz, for tuning this in a little bit and giving us something to work with. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Good afternoon. Elizabeth Strance, Corporation Counsel. I would have to double-check the authorizing State legislation, but I didn't think that it authorized counties to regulate State roads. But I would be able to comment on that more specifically by the next hearing. But that would be a concern. MR. INABA: Okay. All right. Just wanted to double-check because in the case of some of our County roads, it's really easy to determine. But then want to make sure we're not stepping outside our lane. So, with that, that's my thoughts on the amendment and where we are right now. Thank you, Chair, I yield. CHR. KIMBALL: Thank you, Vice Chair Inaba. Council Member—we'll go to Kagiwada and then back to you, Council Member Evans. MS. KAGIWADA: Thank you, Chair. So I like some pieces of this and where it's going, especially the kind of data-gathering piece. I think that's so important. I was struck by something one of our testifiers said today, which is kind of what I've been trying to get at but I don't think I've been articulating very well, which is I'd love to see us really looking at something more comprehensive that looks at not just shutting down pedestrian or biking when we have a problem with our roads, but really look at our roads from some of that Complete Streets design and best practices from organizations like Smart Growth America, who has been Page 29 Hawaii County Council-37 May 1,2024 doing this all over the country, using data to really figure out when there are problems, but also using street design to prioritize the safety of our pedestrians and bicyclists, and not just the speed of getting as many cars through a road as possible, being the No. 1 thing that we tend to focus on. So I know that's bigger than what's in here. I do like this annual registration piece because it does start to gather that data, and I also like the kind of more general authority. And then giving a little bit of guidance, I would just hope that we return to using some, like—again, using more data when we make some of these decisions going forward, if this does get enacted, and we start looking at individual roads. But our island has the highest pedestrian fatalities in the State this year. And continuing to prioritize getting as many cars through a road as fast as we can without looking at prioritizing pedestrians, bicycles, mass transit, and other ways of supporting our community I think really fails our community. So this is kind ofI think I've been struggling a bit because I do understand the safety issues here. But prioritizing the cars over the bikes is just something that I feel like we tend to do already with our street design. Anyway, I support a lot of this here and look to potentially doing something bigger for bicycle and pedestrian safety going forward. Thank you. I yield, Chair. CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Evans. MS. EVANS: So what wasn't clear to me, and I wanted to see if Member Lee Loy and Member Kierkiewicz wanted to comment, but with annual registration, did you sense some, like, $25 permit fee or just let it sit as just registering? Because I do know that other things get registered, right. Other than talking about this, we do register others than vehicles. There's other things that get registered: motorcycles or mopeds. I think there might be a fee, but were you thinking a fee or not? I'm just curious. And what would that fee be if you recommended? CHR. KIMBALL: You may respond, Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Yes, I am thinking of a fee in the range of about$250. And again, that would be charged on an annual basis. But happy to have a broader discussion about what's fair. MS. EVANS: Okay, thank you. CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? Council Member Lee Loy. Page 30 Hawaii County Council-37 May 1,2024 MS. LEE LOY: Responding to Ms. Evans, I actually saw it a little different. Yes, a fee. But we also know commercial tour operators come in sizes. So it's almost for me in my head, if there was a sliding scale fee where if it's one to ten bikes, it's a fee; eleven to another number because I think and maybe I can get Chief to weigh in on this. It's one thing to corral five or ten riders, but if they have a larger operation, that puts a lot more risk on the rider, on the road, and on the tour company. But I also think Council Member Kierkiewicz' registration fleshes that out for us. Chief Moszkowicz, any thoughts on a sliding scale fee schedule? MR. MOSZKOWICZ: From our perspective, if the County and DOT are the County DOT determines that an area is unsafe for a commercial bicycle tour, at least the way the legislation is currently structured, the citation or the fee or the fine or whatever the enforcement action is would be directed at the owner. So it wouldn't be logistically a huge problem for us to stop five bikes or ten bikes or a hundred bikes. I mean, the larger the size, clearly the more dangerous the operation is, especially if you're in an area that's not built for or conducive to large commercial tours. So I would offer that, yeah, the larger the tour the people are planning, the more dangerous it might be and that might be an aspect of a sliding scale for size. But I guess the idea being that the regulation of the tour group by providing a permit, the disincentive would be, well, if you take people to these areas that are not regulated or that are deregulated, or that you're not supposed to take them, then the threat would be the removal of the permit, right. I don't know how you work that in. You would allow maybe in the Kohala Mountain Road area tours of five bicycles or less, but not tours of six bicycles or more. I don't know if that's the aspect or the angle of the regulation fees. I don't know if that's where you're going with it or not. MS. LEE LOY: Yeah, thanks for that insight, Chief. We were kind of in the lane of registration. I think if you're a commercial operator and you've got more people, then it's worth it for you to pay for more users. But since we're (inaudible), that's my thoughts. I know Council Member Kierkiewicz landed on an amount, but if we're going to explore fees, I would love to see it in alignment with the size of the license or commercial activity. Those are my thoughts. MS. EVANS: May I offer a comment on that, Chair? CHR. KIMBALL: Yeah, go ahead, briefly. MS. EVANS: What I know is that some of the tour groups have many vans. So instead of it being—maybe when they register, they're registering, you know, like if you have one van which could hold maybe up to ten bicycles, but the reality is some of them have more than one van. So maybe the sliding scale is for every van that you have on the road with the bicycles, each van has to—maybe that's Page 31 Hawaii County Council-37 May 1,2024 where you get your sliding scale. Saying, well, you might have three or four or five vans. You might be the same tour company with the same name. But do we want a fee based on the van or the vehicle that you're transporting? Maybe that's what we would have a fee on, then it would be attached to that and you'd get kind of like a sliding scale, right? A fee per vehicle? CHR. KIMBALL: I think we can have that discussion if that sort of amendment for a fee gets proposed. MS. EVANS: Yeah, yeah. CHR. KIMBALL: Thank you for raising that. I want to make sure we get Council Member Kaneali`i-Kleinfelder. You were wanting to comment? MR. KANEALI`I-KLEINFELDER: Yes. Thank you, Chair. A few questions; just following up on everyone's discussion so far. Regarding the annual registration this is going to the maker—dollar amount to be decided, apparently. I think one important aspect would be to direct to where or what in our budget— DPW, udgetDPW, Parks and Recreation—which kind of gives the registration some the fee some love as far as what it's doing. It has a purpose, where it goes, etcetera. Within that annual registration, taking it in advance, if there should be a penalty, failure to comply with the registration, and then an actionable from the County. They cannot operate their tours, if that's enforceable. But it has to be some kind of a catch there, in my eyes. To Ms. Evans,just noting that under the prohibitions and penalties, the two roads that you had initially marked out had been removed. And then back to the maker as far as a list, how those were incorporated, these roadways, if given the authority to restrict happens through the process we've created where those will be cited as being unsafe or not operable. So maybe if you have an answer to that question, Ms. Kierkiewicz. MS. KIERKIEWICZ: Chair, if I might? CHR. KIMBALL: Go ahead, Council Member Kierkiewicz. MS. KIERKIEWICZ: And I'll address your comments globally. I like the idea of creating some kind of account where we are directing annual registration fees and penalties. And to the comments provided by Council Member Kagiwada, perhaps some of this funding can be used for just educating folks about safe driving: "Watch out for pedestrians." I think that there's some outreach and something positive that could be used with that funding. I would be open to identifying what would happen in the event that a commercial tour operator does not comply with registration. And then, yes, this amendment does remove the two roadways that have been previously identified in Bill 125. Page 32 Hawaii County Council-37 May 1,2024 That's because we can't list roads if we're still kind of creating the process. Like there would have to be a subsequent ordinance that actually goes through the process that we are creating right now. I hope that answers all of your questions. MR. KANEALI`I-KLEINFELDER: It does. Following up on that, thinking about our ability to work on private roads and that Bill 82 that we passed recently, within that is the State allowance to work on or maintain private roadways. Fair enough. How we define that list becomes an interesting thing. We have different ways of doing it within our existing County Code. But creating that backbone so when and if a Council Member wants to add a road in at the request of the community or with the work of the different departments, where it lands in our Code. Is it within the section of this? Is it a different section of Code? It needs to have a home. That makes me comfortable knowing, "Hey, as a Council Member, this road needs to be deemed unsafe. I've done the homework. I have the letters back from the departments, and it's going to go in section blank." That's kind of the crux of my question for that. I think this may be something to work on, yeah. And then, finally, I think the how. How we come back with the authority to restrict from (b), Section bit doesn't have a section number yet. But"Authority to restrict,"number(b): The Council shall enact no such prohibitory ordinance unless the Director of Public Works, the Chief of Police, State highways have determined the operation to be, or to pose a threat of public safety. So, given that you're on today, Chief, if I came to you and say, "Hey, this road in Puna is unsafe. Can you please provide something to show that this is a safety hazard," would you do that? This is both to the maker and to the Chief, but leaning on the Chief just on how you see this working. How do you come back to the Council within this ordinance and say, "I do believe this is unsafe"? A simple letter? Just trying to create and understand the process we would have to go through to help community. MR. MOSZKOWICZ: Yeah, that's my guess. I mean if you were asking it, the question would be, is it safe for people to hold commercial bicycle tours on the road, right, as opposed to, say, for individual bicycles we would say "for individual motor vehicles. But, yeah, we could certainly provide you with some sort of standardized written testimony: "We received a request to examine a specific area or specific roadway. And based on the following factors, we want to offer our opinion that it is safe, or it's not safe." And we could provide that to you in writing. It seems like probably the easiest way, something that the people in the districts could do that could then (inaudible)for review and signature and then sent over to you by whatever the deadline is. MR. KANEALI`I-KLEINFELDER: Okay. I appreciate that. Thinking again on Bill 82, we actually created a 30-day window for a response from the different departments so that it could be there was a closed loop to require a response in a Page 33 Hawaii County Council-37 May 1,2024 certain amount of time. That might be a nice guardrail to put in in this case. But more respectful of the maker's attempt to bring this bill to a place that we can all move it forward. Any comment from Ms. Kierkiewicz? MS. KIERKIEWICZ: Yeah. Again, this was my attempt to try to solve for a number of concerns that were put forward. The "authority to restrict" section, in my mind, was modeled after what we expect during a rezone or time-extension process where the Planning Department goes and gets reviews and recommendations from the various departments. So it's modeled after that and we can refine this language to reflect that, and also identify a time frame in which we must hear from County agencies so that we can move this process along as a legislative body. MR. KANEALI`I-KLEINFELDER: Beautiful. Okay. And then finally, for Ms. Strance, if you could help me with this one. The last section in administrative rules, this ordinance, this bill—sorry, in this case the amendment, grants the Chief of Police the ability to adopt administrative rules. Given that we've opened this up to a number of different I mean, specifically, I'd look at the Public Works Department as having a lot of say here too. We need to—sorry, two-part question, Ms. Strance. Do we need to allow them the ability to have administrative rules via the bill? Is that already granted? And then, two, do we need to open up to any and all departments who would have an ability to have administrative rules regarding this subject? MS. STRANCE: Elizabeth Strance, Corporation Counsel. I think what you're trying to grapple with is who would have responsibility for administrative enforcement. Sounds like you're looking for the Police Department. But I think the Police was initially identified when this was just a traffic regulation. And so, giving some thought to this is now a business registration process and whether the Council would eventually want to—I guess if they're going to adopt administrative rules to implement the registration process, you would want to have some authority to adopt administrative rules. If the County wanted to have a process by which someone who was cited could have an administrative contest of the citation, you would need administrative rules and an administrative process for that. And so identifying the most appropriate department to do that, I don't want to throw the Department of Finance under the bus but they register other vehicles. We haven't really been in the process of regulating businesses before. Parks does some vendor regulation I think for parks. I was just looking at Section HRS 46-16.3, which is the authorizing State law. And it does allow for regulation of State roads, but it also identifies that compliance with certain Federal and State regulations emanating from Federal parks I think, Federal or State parks. And so maybe having some conversation Page 34 Hawaii County Council-37 May 1,2024 about what you're trying to accomplish with this bill, and then is this now a law enforcement bill for the Police, or is it something else? I hope that answers your questions. MR. KANEALI`I-KLEINFELDER: That is helpful. It kind of opens up a couple doors. I'll go back to my main question. Do we need to allow the ability of departments to create administrative rules regarding this policy specifically, or is that granted naturally through our own laws? MS. STRANCE: I think it should be expressly granted. I note that one of the issues that has come up with R&D (Research and Development), when I think Council Member Villegas presented the bill on suntan lotion, that there was no administrative enforcement mechanism within that department. So I would,just off the cuff, suggest yes. And since you're creating a new regulatory process, you would want to I think at least provide for the opportunity for that. MR. KANEALI`I-KLEINFELDER: Okay. Thank you very much. That's very helpful. Thank you, Ms. Strance. Okay. Chair, for now, I yield. And just again reminding Ms. Evans that the two roads that were on your list have been removed if this amendment passes. I do have to say I agree with this because we need to create process first before coming back to the roads themselves. So we want to maybe perhaps prohibit in the future. So, at this point, I do like the direction of the amendment brought forward by Council Member Kierkiewicz. But I do want to make sure that the original intent of helping the community is maintained throughout this process because they have showed up to testify at every single hearing. So I'll be voting in support of the amendment, but look forward to seeing that your original intent is maintained, Council Member Evans. Thank you. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Council Member Galimba, you haven't spoken on the issue yet, right? Go ahead. You first and then we'll come back over here. MS. GALIMBA: Thank you, Chair. Just quickly, I do really like where we're going with this amendment because I also really recognize the concern that Council Member Evans' bill is trying to address. I feel like this amendment sort of brings it to where I think a lot of us can support it, because we just, at least for me, felt like there needed to be a little bit more holistic approach, and also sort of—to be honest, it has bothered me the whole time that we haven't had any of the bicycle tour companies come in and sort of interact with us. So having a registration perhaps drags them into a conversation with us at least on some level. So I do like that part of this amendment, as well as creating a process. Because although there's no question in my mind that the two roads that you list are problematic, there is certainly there could potentially be situations where it would not be really valid if basically some people are mad and get the ear of their Page 35 Hawaii County Council-37 May 1,2024 Council Member, and it isn't really unsafe. So I think having those guardrails in place to provide a broader set of opinions I think is a valid process that we could make to make this whole issue addressed in a good way. So, look forward to continuing to discuss. And I really commend my fellow Council Members for this really thoughtful discussion. I yield. CHR. KIMBALL: Thank you, Council Member Galimba. Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. I just have a question for Chief Moszkowicz. I'm just wondering if you think it would be helpful to require that these bicycle tours have some kind of way of identifying the riders in a certain way. Because, I'm just wondering how you would choose to pull over a group of riders and know whether they're on an unguided bicycle tour, or they're rented bikes or they are local residents riding bikes in a small group. Like—what was that? Okay,just wondering if it would be helpful to have a requirement for these bicycle tours to have some kind of visual indicator that their riders were on a bike tour. MR. MOSZKOWICZ: Chief Ben Moszkowicz from Hawaii Police Department. Thank you, Corporation Counsel, for your repeated reminders that I should be saying my name before I testify. I mess it up a lot. But, yes, absolutely. That would absolutely be very helpful. If they are required to wear some sort of—in fact, if it's bicycles, if they are required to wear some sort of retroreflective device that has the name of the tour company or something, that would definitely help us with enforcement and could also promote safety at the same time. MS. KAGIWADA: Okay, great. I think that would be a good thing for us to look at as we go forward. I'm not sure if it would be under, for instance, this proposed Section 6, "any business or person operating," and then a No. 6 there that might say, "provides a description of their identifying markers for the riders," or something like that. But I think that would be really helpful so we're also not just like pulling over our residents to say, "Are you on a bike tour" and stuff, and wasting our valuable time of our police officers. So that's just a friendly suggestion. Thank you. CHR. KIMBALL: Thank you, Council Member. Do you want to wrap up this discussion? We have an Executive Session potentially, and we still have to get back to Council Member Villegas's committee. So, Council Member Evans, on the amendment. MS. EVANS: It is a question for the Chief. You do enforce on State highways as well as County roads. And so I'm thinking when I read this, when we ask for a review and recommendation or a determination that a road does have certain Page 36 Hawaii County Council-37 May 1,2024 conditions, that I do know that when I spoke to Steve Pause, he didn't want to have that requirement. He didn't believe he could even look at public highways; that was not under his purview. I'm wondering if this could be easier if we just ask you, the Chief of Police, to come up with some way to review and determine and make a recommendation if these roads are proposed, that you actually do that and that we give it to you exclusively. Because, sending this off to the director of transportation and asking him to do it, we don't really have the authority as a County Council to do that. You'd have to ask the State Legislature to probably do that. So I'm just kind of thinking maybe just having you be the one to verify would make it a lot cleaner and we would be working directly with your people on the roads that know those roads, versus the Director of Public Works. So any comments? MR. MOSZKOWICZ: Benjamin Moszkowicz, Chief of Police. I agree with you. I mean, regardless of if Public Works wants to offer or you wanted to ask them to offer, or want to just request DOT to offer but you can't compel them to offer, we're definitely willing to offer whatever perspective we have from an enforcement capacity as well as an awareness of the infrastructure. MS. EVANS: Okay. Thank you. That's what I recommend. And to Member Kierkiewicz, it's just something I think it'd be nice if we just had the place to be the ones to do the review and recommendation, but there it is. I yield. I assume, up to you, Member Kierkiewicz, if you're going to—we're going to vote on it and move it forward and come back with an amendment, and then how far out in the future we postpone it. I'll look to you to make a recommendation. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Before we go ahead with that, I'd just like to make a couple of comments on the amendment. I agree that this registration process was something that I was looking for as we talked about this previously. I think we've seen in other instances where we have a penalty program of some kind or an enforcement program and we don't have a complete registration process that that can be problematic. I did identify the same issue Council Member Kaneali`i-Kleinfelder did, which is there is some kind of penalty for not registering. So I think they probably should be included in the penalties as something that relates to a failure to register. I'm actually of the mindset that having Police and DPW actually provide the recommendations is a cleaner, clearer way with respect to identifying these roadways and the language. I did like the language, though, that you had on the purpose in that other amendment. I also liked including the schedule of the roads in the Code itself just to make it super easy for people that are operating or utilizing these tours to be able to just do a one-stop shop and figure out where to check to make sure the roads are available. So that would be my recommendation. But I think pretty much everything else has been covered. I'm Page 37 Hawaii County Council-37 May 1,2024 happy to move forward with this today, understanding that we'll hold the bill again here at first reading then come back with additional amendments at the time that is determined to be reasonable by you two. So, unless there's no further questions, I'd like to proceed with the vote on the amendment contained in Communication 679.60. All those in favor, please say "aye." Vote on Motion to The motion to amend Bill 125, Draft 2, with the contents of Amend: Comm. 679.60 was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. CHR. KIMBALL: We can return to the conversation on the main motion. Looking for a motion to postpone to a date specific. MS. KIERKIEWICZ: Chair, if I might? MS. EVANS: Yes, please. CHR. KIMBALL: Go ahead, Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. I think the feedback that has been provided by this body has been very helpful. And I have very clear guidance on the changes that need to be made to just kind of satisfy everyone's questions around how we would implement this. Council Member Evans, I will be working with you because you are the introducer of this bill, and I want to make sure that we are working in collaboration so that you're on board with everything that is evolving with the amended language. So I'll be in touch with you, and I would be okay to postpone further discussion on this to our May 15'h Council meeting. Motion to Postpone: Ms. Kierkiewicz moved to postpone Bill 125, Draft 2, to May 15, 2024. Seconded by Ms. Lee Loy. CHR. KIMBALL: Any discussion on the postponement? Council Member Evans. MS. EVANS: My other comment is I know we're having budget hearings and I know we're going to get overwhelmed, and I'm just wondering if we want to postpone it a little bit longer only because we're entering into that time where we're doing the special budget hearings. And so, normally, we see each other every other week, but now I believe we're going to actually be meeting again next Page 38 Hawaii County Council-37 May 1,2024 week, which is really cutting into time. So I'm okay with amending for a month but that's up toI'm going to ask Member Kierkiewicz how she feels about the fact that we're entering into the special budget hearings next week, I believe. CHR. KIMBALL: Just to clarify, the next week is the FEMA (Federal Emergency Management Agency) training sessions. It's already together. Completely understand. Council Member Kierkiewicz, do you feel like two weeks is enough time? Just thinking about our agenda. From what I'm aware of, we've got I think we'd be okay to just squeeze this in if you think you can get your amendments done in time. MS. KIERKIEWICZ: Chair, very used to juggling many balls, and so, happy to add this to the rotation and know that we can get it done in the next couple of weeks. CHR. KIMBALL: All right. Great. If we can't, we can always postpone again from there. So the motion on the floor is to postpone to the 15''. All of those in favor,please say "aye." Vote on Motion to The motion to postpone Bill 125, Draft 2, to May 15, 2024, Postpone: was carried by the following voice vote: (Approved) Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): (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. 834: LUCAS PARRISH V. COUNTY OF HAWAII, ET AL.; CIVIL NO. 3CC181000217 From Deputy Corporation Counsel E. Britt Bailey dated April 12, 2024, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter filed by Michael Cruise, Esquire, on behalf of his client Lucas Parrish. Page 39 Hawaii County Council-37 May 1,2024 Motion to Close Ms. Lee Loy moved to close file on Comm. 834. Seconded File: by Ms. Galimba. CHR. KIMBALL: Council Member Lee Loy. MS. LEE LOY: I've read the background report. Happy to get us into Executive Session if that's where we want to go. CHR. KIMBALL: Okay. All right. Folks, we do have the option to go into Executive Session if there is interest. So just kind of getting a sense from folks if there's a desire to go into Executive Session on this or if folks are comfortable with the recommendation. MS. EVANS: Chair? CHR. KIMBALL: Yes, Council Member Evans. MS. EVANS: When I read it, I thought there were some questions. CHR. KIMBALL: Okay. Council Member Lee Loy, can I ask you to make the motion for Executive Session, please. Vote on Motion to Ms. Lee Loy moved to enter into Executive Session in Enter into order to hold attorney-client privilege discussion regarding Executive Session: Communication 834, as authorized by Section 92-5(a)(4) of (Approved) the Hawaii Revised Statutes. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. CHR. KIMBALL: We will be entering into Executive Session. Thank you, everyone, for your patience. Recess: At 3:11 p.m., the Chair called for a recess in order to clear the room. Reconvene: The meeting reconvened at 3:38 p.m. CHR. KIMBALL: All right. Here we are. We're back out of Executive Session. Council Member Lee Loy, if you may summarize and then make the motion on the approval. Page 40 Hawai`i County Council-37 May 1,2024 MS. LEE LOY: Sure, Chair. Thank you. Pursuant to Hawai`i Revised Statutes Section 92-4 and Rules of Procedure of the Hawai`i County Council,Rule 2 and Rule 10, Council Members explored their privileges, immunities, and liabilities as it relates to Civil Case 3CC181000217. The motion is to accept the recommendation of Corporation Counsel. Vote on Motion to Ms. Lee Loy moved to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 834. Seconded by (Approved) Ms. Kagiwada and carried by the following voice vote: Ayes: Council Members Evans, Galimba,Kagiwada, Kaneali`i-Kleinfelder,Kierkiewicz,Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. Vote on Comm. 834: The motion to close file on Comm. 834 was carried by the (Filed) following voice vote: Ayes: Council Members Evans, Galimba,Kagiwada, Kaneali`i-Kleinfelder,Kierkiewicz,Lee Loy, Villegas, and Chair Kimball—8. Noes: None. Absent: Council Member Inaba— 1. Excused: None. OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There were none.) ADJOURN- There being no further business, Chair Kimball adjourned the meeting at 3:40 p.m. MENT: Council Approval: JUL 1 0 2024 CO CLE JH/dg Page 41