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HomeMy WebLinkAboutMIN COUNCIL 2024-06-19 2022-2024 Hawaii County Council 42nd Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii June 19, 2024 INVOCATION: Rabbi Levi Gerlitzky of Chabad Jewish Center gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:03 a.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; came in later) Ms. Ashley L. Kierkiewicz, Member(came in later) Ms. Susan L. K. Lee Loy, Member (via videoconference from Hilo) Absent& Excused: Ms. Rebecca Villegas, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Acting County Clerk Relley Araceley led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions, MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (Note: At this time, Mr. Inaba presented the June 2024 Hdweo Award to EXPRESSIONS OF South Kohala Patrol Officer Kristi Crivello of the Hawaii Police Department.) CONDOLENCE: Recess: At 9:10 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 9:13 a.m. Hawaii County Council-42 June 19,2024 STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Mike Kaha: Bill 140 (Comm. 764), in opposition.. Kathleen Matsuda: Bill 125, Draft 5 (Comm. 679.90), in support. (representing Kohala Resilience Hub) Kevin Kushel: Bill 140 (Comm. 764), in support. (See Comm. 764.66) Michael Konowicz: Bill 145, Draft 3 (Comm. 796.14), in opposition; and Bill 168 (Comm. 893), in support. Timothy Rowan: Bill 140 (Comm. 764), in support. (representing Black Sands Beach Property Owners Association and Malama O Puna) Tootsie Peleolani: Bill 140 (Comm. 764), in support. Gilbert Hauanio: Bill 140 (Comm. 764), in support. (representing Black Sands Road Maintenance) Jon Olson: Bill 140 (Comm. 764), in support. Stacy Welch: Bill 140 (Comm. 764), in support. (representing Leilani Estates Neighborhood Watch) Carrie Kowalski: Bill 140 (Comm. 764), in support. (representing Black Sands Beach Property Owners Association) Ralph Johnston: Bill 140 (Comm. 764), in support. Ramona Mendoza: Bill 140 (Comm. 764), in support. Page 2 Hawaii County Council-42 June 19,2024 David O'Connell: Bill 140 (Comm. 764), in support. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 530-24: AUTHORIZES THE MAYOR TO ENTER INTO A MULTI-AGENCY MEMORANDUM OF AGREEMENT WITH THE STATE OF HAWAII, HAWAII HOUSING FINANCE AND DEVELOPMENT CORPORATION AND THE UNIVERSITY OF HAWAII ECONOMIC RESEARCH ORGANIZATION, PURSUANT TO SECTION 46-7, HAWAII REVISED STATUTES Allows the Office of Housing and Community Development to collaborate on a State-wide Analysis of Impediments to Fair Housing, with an estimated cost to the County of$33,363. Reference: Comm. 891 Intr. by: Ms. Evans (B/R) Approve: GOEAC-142 Motion to Approve: Mr. Inaba moved to adopt Res. 530-24 and Governmental Operations and External Affairs Committee Report No. 142. Seconded by Ms. Galimba. CHR. KIMBALL: Any discussion? Council Member Evans. MS. EVANS: Yes. This is, I think, really good given this technology that's coming forth. This was given to me by the Office of, you can read it here that the Mayor wants to enter into an agreement with the State of Hawaii, Hawaii Housing Finance and Development Corp and the University of Hawaii Economic Research Organization pursuant to HRS (Hawai`i Revised Statutes) 46-7. Do we have someone here that can please tell us about the agreement? (Note: At this time, Housing and Community Development Specialist Royce Shiroma came forward to address the members of the Council.) MR. SHIROMA: Royce Shiroma from the Office of Housing and Community Development. Every five years, the State does an impediment to the Fair Housing Plan, which all of the neighbor island counties are a part of, along with DHHL (Department of Hawaiian Home Lands). Basically, the plan is for trying to map out any issues, any impediments, any roadblocks in complying with the National Fair Housing Act. They will do a report as far as what issues have come about and what's the recommended solutions in which the State will comply with the Fair Housing Act for all the housing programs that they offer, including Hawaii County. Page 3 Hawaii County Council-42 June 19,2024 MS. EVANS: So, once the analysis is done, it will point out to each county? It will be a report that all counties will look at in terms of what the issues are? Will it narrow down and get to county specific? MR. SHIROMA: Yeah, it'll come down to different areas of the County if there are major issues with it. I understand one of the issues they're looking at for this is looking at the market study and how the geographic, I think it's—one was mentioned that they were going to do the housing preference, whether there's any violation and if not, what the recommendations from this University of Hawaii group will give to the counties in which we can move forward in doing any housing preference if needed. That's, I think, what the focus will be on for this report. MS. EVANS: So, it will look at like people with special needs? It will look at single parents with children? MR. SHIROMA: I'm looking at actually there were a lot of interest in prioritizing Hawaii and county residents in certain areas of housing. So, that's what they're going to be focusing on for this report. Because the need is throughout the state, it's not only for Hawaii County. MS. EVANS: Right. It'll be good. When should we as a Council expect the report? MR. SHIROMA: The report should be coming out. We will be contracting, they should start closer to the end of the year, and probably about a year and a half they'll be done with the report, and we'll present it to the Council if we need to. MS. EVANS: Alright, thank you. Thank you, Members. CHR. KIMBALL: Thank you, Council Member Evans. Any further questions? MR. KANEALI`I-KLEINFELDER: Chair? CHR. KIMBALL: Yes, Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair Kimball. Good morning, Royce, how are you doing? MR. SHIROMA: Good morning. MR. KANEALI`I-KLEINFELDER: I had a thought last night on the way home, which happens a lot when you drive back and forth between Kona and Hilo, or vice versa. The thought was, do we have a reference in understanding what housing types are needed for who? Page 4 Hawaii County Council-42 June 19,2024 MR. SHIROMA: That would not be coming out of the impediments. That would actually be coming out from our Housing Policy Study, which we are finalizing working with the consultant, SMS, that should be coming out very soon. That should summarize some of the needs within the County. MR. KANEALI`I-KLEINFELDER: Understood. Thinking about the impediment study and kind of thinking in reverse, it would be an impediment to people if the housing type they were seeking wasn't available in the area that they live. Does that make sense? MR. SHIROMA: Yeah, it does. However, the impediment focuses more on fair housing and how fair housing is protecting the needs in relationship to housing. It's more whether there'll be discriminatory towards that particular type of individual based on their areas of race, color, religion, sex, origin, familial status, or disability. I think the focus as far as matching up the need versus what's available, that's more towards the Housing Policy study. MR. KANEALI`I-KLEINFELDER: Okay, thank you, appreciate it. MR. SHIROMA: You're welcome. MR. KANEALI`I-KLEINFELDER: I yield, Chair. CHR. KIMBALL: Thank you, Council Member. Anyone else? Seeing none, all those in favor of adopting 530-24 please say "aye." Vote on Res. 530-24: The motion to adopt Res. 530-24 and Governmental (Adopted) Operations and External Affairs Committee Report No. 142 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. CHR. KIMBALL: Thank you, Mr. Shiroma, for being here and answering our questions. Next item, please. Page 5 Hawaii County Council-42 June 19,2024 Res. 532-24: AWARDS THE COUNTY OF HAWAII "WAIWAI"NONPROFIT GRANTS- IN-AID FOR THE FISCAL YEAR 2024-2025 Allocates $2,027,500 to 58 eligible nonprofit programs, pursuant to Section 2-139, Hawaii County Code. Reference: Comm. 895 Intr. by: Mr. Inaba Approve: LAAC-60 (Note: Comm. 895.3, from Council Member Holeka Goro Inaba dated June 7, 2024, transmitting a chart regarding Res. 532-24, was circulated.) Motion to Approve: Mr. Inaba moved to adopt Res. 532-24 and Legislative Approvals and Acquisitions Committee Report No. 60. Seconded by Ms. Kierkiewicz. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: Yes. I do want to point out at the request from the previous hearing, Communication 895.3 contains the breakdown by different districts, by the age groups served, by the type of activity provided, as well as the CHANGE (Community & Economy, Health & Wellness, Arts & Culture, Natural Environment, Government& Civics, and Education) framework sectors that these proposed awards are addressing. So, I want to thank our staff member Jessica Valdez for preparing this information, and again, I ask for your support in finalizing these awards for this upcoming Waiwai award year. Mahalo. CHR. KIMBALL: Thank you, Vice Chair Inaba. Any questions regard to this resolution discussion? Council Member Kierkiewicz. MS. KIERKIEWICZ: No question. I just wanted to take a moment to mahalo nui Council Member Inaba and every Council Member's office that was involved in this year's Waiwai grant selection. There's a lot of refinement of this program that has happened since I have been on the Council, so, I really appreciate it. I looked at all the different nonprofits that have been awarded and there really is a mix of things that we are funding related to education, culture and the arts, health and well-being, building up community resilience, supporting our natural environment. Again, really excellent mix, and I think it really speaks to the needs of our community but also shows how government can't do it all but we can certainly empower folks in our community to help fill in that gap and truly contribute to community. So, well done, I will be supporting the resolution. Thank you. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else? Council Member Galimba. Page 6 Hawaii County Council-42 June 19,2024 MS. GALIMBA: Thank you. I also wanted to thank all the staff that worked really hard in making this report and process work because we couldn't do it without them. I think I was not here the last time we brought this up. So, I might have missed this part, which was the last time we did it we sort of had a debrief session to think about ways to make it even better. I know we didn't do that as a committee, but I kind of wonder if we did it here at all. MR. INABA: Yes, we had established a separate ad hoc committee for that purpose because the ad hoc for this or having going through the applications was specific and had its purposes and dissolved last month. So, we are working on some changes and we'll definitely, perhaps, be reestablishing a new ad hoc committee that can review the changes and help to provide any feedback that will make our next application, which is coming up just in a few months, better than this current application that just passed. Thank you. MS. GALIMBA: Excellent. Thanks. CHR. KIMBALL: Thank you, Vice Chair Inaba. Yes, go ahead. MR. INABA: Alright. I want to just give a special mahalo to the Finance Department, being that we have taken a different approach by granting these awards via resolution for the first time rather than having programmed them in as line items in the budget as part of that process. I know it was a little bit different, but I swear we do something different every year, but just want to send my mahalo to Lisa Tada and the folks in the budget department. Mahalo. CHR. KIMBALL: Thank you, Vice Chair. I'll just conclude by again, thanking the members of the Grant-in-Aid Committee for all of their work and service to supporting our nonprofits and continuing to improve this process of supporting our community partners. With that, all those in favor of adopting Resolution 532-24 please say "aye." Vote on Res. 532-24: The motion to adopt Res. 532-24 and Legislative (Adopted) Approvals and Acquisitions Committee Report No. 60 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Page 7 Hawaii County Council-42 June 19,2024 Res. 536-24: AMENDS SALARY ORDINANCE NO. 24-28 BY AMENDING SECTION 3(B) TO ADD ADDITIONAL STEPS TO PAY GRADES CA-1 AND CLA-1 Reference: Comm. 901 Intr. by: Ms. Kimball Approve: FC-166 Vote on Res. 536-24: Mr. Inaba moved to adopt Res. 536-24 and Finance (Adopted) Committee Report No. 166. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Res. 540-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR PARK MAINTENANCE AND/OR IMPROVEMENT PROJECTS AT VARIOUS FACILITIES IN COUNCIL DISTRICT 5 Transfers $7,500 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Parks and Recreation, Transfer to Capital Projects Fund-General account. Reference: Comm. 909 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 540-24. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I look for everyone's support. Thank you. CHR. KIMBALL: Thank you. Any further discussion or questions? Seeing none, all those in favor please "aye." Page 8 Hawaii County Council-42 June 19,2024 Vote on Res. 540-24: The motion to adopt Res. 540-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —7. Noes: None. Absent: Council Members Inaba and Villegas —2. Excused: None. Res. 541-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO SUPPORT THE DEPARTMENT OF RESEARCH AND DEVELOPMENT'S BUSINESS AND INDUSTRY DEVELOPMENT PROGRAMS FOR SMALL BUSINESS SUPPORT PROJECT Transfers $25,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Research and Development, Business Development account. Reference: Comm. 910 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 541-24. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Look for everyone's support. Thank you. CHR. KIMBALL: Thank you. Any questions? Council Member Galimba. MS. GALIMBA: I just wanted to say that I appreciate this because small businesses are so important, and I know it's a passion of yours as well as mine. Thanks. CHR. KIMBALL: Thank you, Council Member Galimba. Council Member Evans. MS. EVANS: Yes, I don't know if you have someone representing the department, but I had some questions about their program in R&D (Department of Research and Development). Director Adams. Good morning. I'm reading that you're requesting funds. You're providing technical assistance with export readiness. Is this predominantly agriculture and through your agricultural specialist in your department? Page 9 Hawaii County Council-42 June 19,2024 (Note: At this time, Research and Development Director Douglass Adams came forward to address the members of the Council.) MR. ADAMS: Thank you, Council Member, this is Doug Adams, Director for Research and Development. This has to do more with the typical small businesses that are not necessarily the agricultural side, but that doesn't prevent, necessarily, the technical assistance for agricultural businesses, farmers, small ranchers, potentially, from also engaging in this. This amount of funding is more likely going to be associated with the work to figure out how we can make sure that we have the right kind of programs in place to help our small businesses. So, this is in addition to actual technical assistance work as we're seeing this funding. MS. EVANS: Is this like matching dollars for you to go and seek other funding? I'm just trying to figure it out because on Oahu, they have a program called Mana Up. They end up having cohorts; and they bring in the small businesses; and they interview; and get 10 or 15; and then they work with them to help them take it to market, get financing, learn how to export their products, how to label it, how to set up their website. I mean, it's quite a program, and 25,000 (dollars) doesn't sound like a lot to me. So, how do you think you'd be able to use that and how many small businesses are you predicting and targeting? MR. KANEALI`I-KLEINFELDER: Chair, if I could help Director Adams and help answer some of the questions for Ms. Evans, I would appreciate it. CHR. KIMBALL: Go ahead, Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. Ms. Evans, my wife went through the Mana Up program with our small business, and in understanding the hurdles that small businesses face and then really highlighting the unique aspect of research and development as an economic development tool in our County, these funds will go to bolster what they are planning to do in supporting our local small businesses, which really are the backbone of our economy. So, it may not seem like a lot, but small grants, technical assistance, anything that the department can do to help stand up local businesses as they continue to struggle with the post effects of COVID (Coronavirus disease) in our economy, with inflation at the highest rates that we've seen in decades, really will go a long way in assisting our small businesses. So, I do understand your question and Mr. Adams has a lot of things moving, and this is just to help us in any way that they can. MS. EVANS: To further that, if you're standing up a program, will you need additional staffing? Will we see you coming back because Page 10 Hawaii County Council-42 June 19,2024 CHR. KIMBALL: Council Member Evans, before you go forward, I just want to make clear that this is a contingency relief grant from Matt's office to R & D to support the program that exists already in R&D. It's not standing up a new program. MS. EVANS: Okay. So anyway, yes, I would love to hear more about the program, and I look forward to it in the future, and I will not ask you any more questions. I yield. CHR. KIMBALL: Thank you, Council Member Evans. I didn't mean to cut you off, I just wanted to make sure we weren't going down an unnecessary path. Before we go any further, I think given a comment that was just made, Council Member Kaneali`i-Kleinfelder, I'd like to invite you to just make a disclosure to clarify that no one in your personal, immediate circle will receive a benefit from this contingency relief flowing through R&D. Just for protection on your side. MR. KANEALI`I-KLEINFELDER: Thank you. Yeah, I'm open to recusing myself if need be. The program hasn't been rolled out yet, so, I don't know how CHR. KIMBALL: I don't think it's necessary to recuse yourself, Council Member, I think you should make it clear that your personal connections will not be directly benefitting from this program as individuals. MR. KANEALI`I-KLEINFELDER: Understood. No, they will not be benefiting. We've taken a stance that we will not be applying for programs like this. CHR. KIMBALL: Great, thank you. I appreciate the declaration and clarity. Alright, any further discussion? Seeing none, all those in favor of adopting Resolution 541-24 please say "aye." Vote on Res. 541-24: The motion to adopt Res. 541-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Page 11 Hawaii County Council-42 June 19,2024 Res. 542-24: A DETERMINATION TO PROCEED TO CREATE AND DEFINE A WATER SYSTEM IMPROVEMENT DISTRICT FOR IKI PLACE, KOHANAIKI HOMESTEADS Provides for the development of this water improvement district, as initiated by Resolution No. 634-16 and as described in the Preliminary Engineering Report adopted per Resolution No. 164-23. Reference: Comm. 911 Intr. by: Mr. Inaba Waived: LAAC Motion to Approve: Mr. Inaba moved to adopt Res. 542-24. Seconded by Ms. Galimba. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: Thank you. This matter was waived from committees, and I just ask for my colleagues' support. We did take up a resolution just a few months back regarding the Kohanaiki Water Improvement District. With all attempts that we had to try and streamline the process which was used in the previous model, we got to a point where we realized this is a necessary step as part of the water improvement district process. So, nothing new to report. If there are any questions, we do have folks joining us in Hilo and on Zoom from DWS (Department of Water Supply) as well as the Finance Department. I just ask for your support. Thank you. CHR. KIMBALL: Thank you, Vice Chair Inaba. Anyone, questions, comments on this matter? MR. KANEALI`I-KLEINFELDER: Chair? CHR. KIMBALL: Yes, Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. I'd really like to commend Mr. Inaba on getting the project to this point. It's not easy to stand up an improvement district process, and I speak to that from personal experience. But to see what you've done here and to see the different construction cost estimates and the assistance from the Water Department and ultimately, speaking well for your community and then being heard by this body, it is substantial. So, well done. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Vice Chair Inaba. MR. INABA: Yes, with that, in closing,just want to mahalo the community there for their patience. I mean their frustration is through the roof, but they have been Page 12 Hawaii County Council-42 June 19,2024 here every step of the way. I can't take any credit for this work. It was all prior to me even coming to office, my Legislative Assistant, Wendy Baez, who continues to champion this project. So, mahalo Wendy. Thank you, Chair, I yield. CHR. KIMBALL: Thank you, Vice Chair Inaba. Anyone else? Seeing no further comments, all those in favor please say "aye." Vote on Res. 542-24: The motion to adopt Res. 542-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Res. 545-24: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO GOING HOME HAWAII FOR ITS HAWAII ISLAND GOING HOME CONSORTIUM Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 914 Intr. by: Mr. Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 545-24. Seconded by Ms. Galimba. CHR. KIMBALL: Council Member. MR. KANEALI`I-KLEINFELDER: Look for everyone's support. Going Home Hawaii is just an amazing organization that does tremendous amount for our community. I'm happy to be able to support them in their efforts and I wish I could do more. CHR. KIMBALL: Thank you, Council Member. Any further discussions, questions? Seeing none, all those in favor please say "aye." Page 13 Hawaii County Council-42 June 19,2024 Vote on Res. 545-24: The motion to adopt Res. 545-24 was carried by the (Adopted) following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: None. Absent: Council Member Villegas — 1. 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): STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON BILL 140 The following individual registered to speak and came forward when called by (COMM. 764): the Chair: Amadeo Markoff: In support. (representing Mainstreet Pahoa Association) Bill 140: AMENDS CHAPTER 20 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SOLID WASTE FACILITIES Requires that all solid waste facilities used for the disposal, collection, and transfer of household waste be operated and open to the public at least two days per week. Reference: Comm. 764 Intr. by: Ms. Kierkiewicz Approve: PCIA-8 (Note: Comms. 764.56 and 764.58, from Council Member Ashley L. Kierkiewicz dated June 10 and 13, 2024, respectively, transmitting proposed amendments to Bill 140, were circulated. Comm. 764.59, from Environmental Management Director Ramzi Mansour dated June 18, 2024, transmitting a PowerPoint presentation, was circulated.) Motion to Approve: Ms. Kierkiewicz moved to pass Bill 140 on first reading and adopt Policy Committee on Infrastructure and Assets Committee Report No. 8. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kierkiewicz. Page 14 Hawaii County Council-42 June 19,2024 MS. KIERKIEWICZ: Thank you, Chair. Really appreciate everyone's continue support of this piece of legislation. I heard from my colleagues the desire to perhaps increase the minimum days of operations. So, I want to start discussion on that amendment. Motion to Amend: Ms. Kierkiewicz moved to amend Bill 140 with the contents of Comm. 764.56. Seconded by Mr. Inaba. CHR. KIMBALL: Go ahead, Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. So, this amendment is pretty straightforward. It requires that any Solid Waste Division facility be open no less than three days a week. Happy to answer any questions but looking for everyone's continued support. I yield. CHR. KIMBALL: Council Member Inaba. MR. INABA: Yes, in support of this as I stated at the committee hearing. Thank you. CHR. KIMBALL: Any further discussion? MS. KAGIWADA: Chair? CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: Thanks. Just given everything else that's going on, I'm just wondering if we couldI'm hesitant to support this before we have the rest of the discussion about this bill, I guess. And given everything else, the information that we're getting from lots of different groups and people here, I'd love to have some of that other discussion before I could support an additional day. Thank you. CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Evans. MS. EVANS: Thank you. I support this amendment. As it moves forward, it might, to the maker, add a little more language to it. It's open three days a week provided that I see it just a little bit more tweaking on it to give the direction because this is really direction when we say it just might be that you want it three days a week to accept waste, and then with the flexibility maybe two days a week or whatever. I mean, there might be other ways to manage this. I guess what I'm disappointed in is I just see the department needs to work with us at the Council, and three days a week might be a really good thing if there are some side bars or something on it that they can work with. But I think from them locking the community getting the solid waste pickups that they need is not the way to go. So, I'm going to support it. Thank you. Page 15 Hawaii County Council-42 June 19,2024 CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? Council Member Galimba. MS. GALIMBA: I just want to second Council Member Kagiwada's request that we get all the information from DEM (Department of Environmental Management) and from Corporation Counsel. That's what I would like before making a decision on this. MS. KIERKIEWICZ: Chair, nothing is stopping any of my colleagues from asking the department any questions about this amendment or the bill. CHR. KIMBALL: Since we're on the amendment, I think the Council Members could invite the administration to come and talk about two days versus three days, but I think the broader context of the bill would be better under the discussion of the motion of the adoption of the bill. Withdraw Motion Ms. Kierkiewicz withdrew her motion to amend the to Amend: Bill 140 with the contents of Comm. 764.56. CHR. KIMBALL: Thank you. Alright, Council Member Galimba, your light's still on. MS. GALIMBA: I guess let's start with DEM. Thanks. (Note: At this time, Environmental Management Director Ramzi Mansour came forward to address the members of the Council.) MR. MANSOUR: Good morning, Council Members, my name is Ramzi Mansour. I'm the director for DEM. MS. GALIMBA: I believe you have a presentation that you gave us or some information. Could you go over that information in light of this bill? MR. MANSOUR: Yes, thank you. First, I want to thank all the testifiers for their testimonies. As a leader, we usually have to make decisions, and we have to look at the forest rather than the tree. So, when I was brought in to run the department, as you all know, during the nomination, we all talked about environmental protection, bringing the County to the 21st century, to look at options that could lead to better services. With that, I'm here today to address Bill 140 and address some of the concerns that were brought up in the committee meeting. There is one big question that was brought up, the legality question of this bill. I'd like to address that through our Deputy Corporation Counsel, Diana Mellon-Lacey, she's in Hilo, I believe. Diana? MR. KANEALI`I-KLEINFELDER: She's not in Hilo, but she may be on Zoom. Page 16 Hawaii County Council-42 June 19,2024 MR. MANSOUR: Okay, thank you. May be on Zoom. (Note: At this time, Deputy Corporation Counsel Section Chief Diana Mellon-Lacey came forward to address the members of the Council.) MS. MELLON-LACEY: Deputy Corporation Counsel, Diana Mellon-Lacey, working with DEM. I believe that I brought up concerns regarding the separation of powers issue in this bill because it is directing the director who, by our County Charter, is responsible for the management of solid waste of all kinds, and that is not a power that's given to the Council. I also looked at how this was addressed in Park's bill regarding hours where it does that ordinance is 15-8, does specify the hours parks will be open. However, it has a caveat there that allows the director to have discretion to change or regulate those hours by posting signs and having valid reasons for doing so. I think that is a very good example of an ordinance that represents or recognizes the coordinate power between the legislative branch and the executive branch by making them equal, you know, specifying something but recognizing the director's discretion so that the director can do his job. I think without a balancing caveat that this bill, as it stands, is overreaching and of questionable legality. Unfortunately, the way these kinds of things usually get played out if you look at lines of cases around this, is that either the Council or the Mayor would wind up suing each other, and that, of course, is a destructive way for our County to proceed. So, I think that we all recognize there are issues here and the testimony people have been presented is very compelling, but we need to work together and not in an adversarial way and also to hear out the concerns that the director has to present because the money for this has not been included in the recent budget. That's what I have to say. Thank you MR. MANSOUR: Thank you, Diana. In addition to that, there were some other concerns that were brought up as well. One of them was you heard a lot about the environmental justice. To me that word is being thrown a lot within the last two hearings. We have 21 transfer stations, as you'll see after I do my presentation. We've got constituents that drive 30 minutes to get to the service. As a leader, as a director, I try MR. INABA: Excuse me, Director, could we please get the slides back up for the public to see and for us to see on the screen? Thank you. (Note: At this time, Environmental Management Director Ramzi Mansour came forward and provided a PowerPoint presentation to the members of the Council. For viewing of the subject presentation, see the DVD copy of the meting proceedings on file in the Clerk's Office. A copy of the PowerPoint presentation is made part of the record, see Comm. 764.59.) Page 17 Hawaii County Council-42 June 19,2024 CHR. KIMBALL: Thank you, Director. Council Member Galimba, you have the floor. MS. GALIMBA: Thanks. I just wanted to ask when you're planning to complete the Solid Waste Operational Analysis that you refer to in the conclusion? MR. MANSOUR: Our intention is by October of this year. So, we're talking about, we're in June, yeah, in October; within four months, three months. MS. GALIMBA: Thank you, I yield. CHR. KIMBALL: Thank you, Council Member Galimba. Council Member Evans. MS. EVANS: Thank you. You know, in Puako, there is a transfer station that was open seven days a week. They now are open Tuesdays, Fridays and Sundays. The community has learned to work with the availability. I kind of like the hours because people who work Monday through Friday can get there on Sunday, and people, like maybe they're retired, they can get there on Tuesdays or Fridays. So, it just seems to work really well. I've got to applaud my members in trying to really send a message that communities can't always meet that one day that you're putting out there because people work and Kalapana, it's kind of, at least from what I'm seeing, it's out there. It's at the end of the road. So, I can see the challenges for the community, and there are a lot of assumptions. I have to tell you since I'm giving up my truck, I've always been a truck driver, I mean I've always had trucks, but I'm selling the truck and now I have a car. So that Tuesday and Friday is really important to me that it opens at six in the morning because I can take that one bag of trash, throw it in my trunk, and I can drop it off wherever I'm going. So, I see a real, real need for a minimum of two days. I look at the region that you're talking about; now you already have it going one day a week. I'm looking at the region and all the other stations there, and why can't those other stations give up a day so that we have this ability for a community to have the availability to really get their trash to the transfer station? Because I agree, if they drop it off and it's only your staff shows up on that day and they're going to have trash sitting, possibly, outside because where else are they going to take it, right? You're just making the assumption that these people are going to drive that 18 or 20 or 30 minutes or whatever to go to another station. That's not taking into account peoples' abilities, if it's a one-car family, the challenges of just not being able to do it one day a week. So, I really think two days minimum at all the transfer stations make a lot of sense to me, and I'm just hoping that you can find the way to adjust and not have seven days at some of these other transfer stations; whatever it takes because I do hear Page 18 Hawaii County Council-42 June 19,2024 you loud and clear, your limitations on trucks and staffing and all that. But that's kind of like a dispatcher knows who's on duty, at what particular time, and then they learn how to put people in the right place at the right time. So, I'm just asking you to consider how to put the right place at the right time with the right people and please, please try to make this happen. MR. MANSOUR: That's exactly what we're trying to achieve through the Operational Analysis Study. You cannot just say, "Okay, Council Member Evans, I'm going to cut Puako to two days"without looking at the details because you're going to be calling me to say, "Why are you cutting my facility two days?" And I just wanted to make sure the operational analysis, that's exactly the intent of it, to do exactly what you just said. MS. EVANS: What I'm suggesting is you just look at the regions. You've got probably three transfer stations within a geographic area. Look at the operations of those three transfer stations and just do a micro look not a macro look because you want to look at the big picture. What I'm saying is go ahead now and look at the macro. What do you have right there with those three? Is there the ability within that area to actually do this? MR. MANSOUR: We did that, the micro, and we presented it during the EMC (Environmental Management Commission). Pahoa was a great example to cut it down to six days because if we assume some of the people coming from Kalapana to use Pahoa, then give more days to Kalapana and cut one day out of Pahoa. We were told no, a total refusal. MS. EVANS: Who told you no? MR. MANSOUR: Council Member Kierkiewicz, she attended the EMC. And I did present it. So, I just want to make sure that everybody knows that the department works with Council Member, as you all know me, and we tried. We reached out to Council Member Kierkiewicz. Prior to the budget, I know Council Member Inaba asked why it's not in the supplement. It's because we tried to work with council members to do a budget amendment, but that route was crossed out too. We are so limited with what we can do and not do as directors, but we did communicate, and we tried to find solutions. CHR. KIMBALL: You're done, Council Member Evans? Let's check in with Hilo. MR. KANEALI`I-KLEINFELDER: Chair? CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Just listening to this discussion, I don't support the amendment. Page 19 Hawaii County Council-42 June 19,2024 CHR. KIMBALL: The amendment was withdrawn, Council Member, Kaneali`i-Kleinfelder. We're back to the main motion of the bill. MR. KANEALI`I-KLEINFELDER: Okay, then next question. Corporation Counsel, please. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Good morning, Elizabeth Strance, Corporation Counsel. MR. KANEALI`I-KLEINFELDER: Thank you, Ms. Strance. Thank you for being here this morning. We did receive the written opinion from Corporation Counsel, can you please describe the contents of that communication to us, Ms. Strance? MS. STRANCE: I sent it as a confidential communication. So, there would have to be consensus to waive that or move into executive session. MR. KANEALI`I-KLEINFELDER: Okay. Before we move to that, I have concerns of the amendments. The original bill as presented has merit. I both agree and disagree with Mr. Mansour, director. There are ways to get this done, and I think back to previous administrations where, if can, can. I've been looking at the budget, there's funding. This is not an extraordinary strain on the County budget, so, it's surprising that we're here. I have to say this; I worked with Bill Kucharski when he was our previous director six years ago to try and get this happening and offered anything from two days a week to two, three quarter days a week; anything that would provide more open days and was continually met with resistance. I could not explain why that happens, but I think that it can be done if we put our heads to it and if not through this bill, then the administration really has got to buckle down and do this. That's it. I don't know how else to say it. So, I'll yield for now. I'm open to the discussion for the executive discussion on the opinion from Corporation Counsel, but I just wanted to put it out there that I won't be supporting the amendments. I'm interested in entertaining the bill, but I do have reservations given the opinion from Corporation Counsel. Thank you. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Back here to Vice Chair Inaba. MR. INABA: Depending on what the maker wants to do, I still am in support of moving the bill forward as is and did support the amendment. But if the will of the body is to support or isn't in support of the amendment, then perhaps we move it forward. Then as a matter of this letter from Corporation Counsel, what's in the letter that can't be shared publicly? I guess that's my question. Page 20 Hawaii County Council-42 June 19,2024 MS. STRANCE: Thanks. Elizabeth Strance, Corporation Counsel. I guess there are two pieces of it. One is, given the different, obviously different opinions on the law that having a candid conversation about balancing of interest or risks that have been, in the testimony, threats of lawsuits and things like that. So, out of abundance of caution, in order to have a candid conversation about the law and liabilities of the County, it would be more appropriate to have that in an executive session. MR. INABA: Okay. I don't agree with what was shared by Deputy Corporation Counsel, and I don't think that this bill is an overreach. So, I don't feel the need to go into executive session. I'll be supporting the bill as it's written. I'll yield for now. CHR. KIMBALL: Thank you. Back to Council Member Galimba. MS. GALIMBA: I am in support of the two days, the bill of that part of it, but I also—it's important, separation of powers is important to me. I believe that there are some minor language that we could—okay, that's what I just wanted to ask, if you were open to making some language in order to not have a head-to-head collision on this, which I feel is not necessary. But, if you would like to articulate that, you're welcome to, or you don't need to as well, Council Member Kierkiewicz. Thank you. CHR. KIMBALL: Thank you, Council Member Galimba. Anyone else? Council Member Kagiwada. MS. KAGIWADA: Thank you. I'm also supportive of the original bill. I'm wondering if the maker would be amenable to amending Section 5 to make this ordinance effective January 1st, which would give the department a little bit of time to get the information back in October and make the changes using the data that they get. That's just a question. Thanks. CHR. KIMBALL: Council Member Evans. MS. EVANS: Okay. Another potential option is to require this but consider it a pilot, and we want it to go into effect immediately, and that we would expect the department to come back within three months or whatever and report to the Council the impact that it had on operations. I'm just thinking maybe we can direct a"pilot"program with the expectation they will come back. And I'm just wondering if that's an option because that could just maybe go into effect immediately. I don't know, I'm just asking. Corporation Counsel Betsy Strance, can we direct this department to do a pilot program? And we want it done now. MS. STRANCE: Elizabeth Strance, Corporation Counsel. The same legal concerns raised by Deputy Mellon-Lacey would apply to a pilot program. We haven't described it; it hasn't been funded. The Charter directs the DEM Page 21 Hawaii County Council-42 June 19,2024 Department Head to manage Solid Waste. The Environmental Management Commission is established in the Charter as a community body across all nine districts to provide input to the department on management of the Waste Management programs in the County. The concern is that this body is leapfrogging all of those provisions and substituting its own opinion on the management of a department. Those are where the separation of powers come in. So, calling something a pilot project versus putting it into law isn't really any different than taking the words "pilot project" out and putting it into law. So, I think those same concerns would be present. MS. EVANS: I was thinking along the lines you have a bill that directs the department to have a pilot program, minimum two days a week at all landfills, you give them 90 or 120 days, they do it, come back, and report to us what the impact is. I'm thinking along that line so we can just get this done. I think it's going to make a huge difference. My gut tells me it's the right thing to do. We need to get them out there and this might be the way to do it because I really hate to get into a big fight. If we get into a big fight, it's not good because we're trying to do the right thing for the people. There might be a way to do that where it is keeping the separation at powers discussion at bay. If we say we want the pilot four months, start here or there, their might be a way to get money for it working with our finance people, but I'm just throwing it out as a creative way to do this so we don't get into a legal separation of power, which they're kind of hung up on. Thanks, I yield. CHR. KIMBALL: Thank you, Council Member Evans. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Thanks everyone, for your comments, your support, your innovative solutions. It's really appreciated. I did not want it to come to this bill. Like I said in commission meetings, in our committee hearings, that I always see legislation as a tool of last resort. If there are ways that we can collaborate it without passing to pass a law, that is my preference. But to date, I've heard from a community that had once seven days of service, then three, now one; no engagement by the administration over the years to explain to them why we are cutting your service and when you can expect it to be restored. It's not like we're giving them a tax refund because we've cut their service. And I've given the administration years to do the pilot projects, to just add it to the budget and do it because they believe this is the right thing to do, and it hasn't happened. I understand it, Director. I know that you are juggling so much, and this is going to add a bit more to your plate, but I believe our community deserves this. And you're right, I will take ownership over the fact that I did not want you to remove an additional day of service in Pahoa. I'd like to think that we are an island Page 22 Hawaii County Council-42 June 19,2024 community, and perhaps there should be a shared sacrifice. Why does the sacrifice always have to be on the backs of the Puna community? So, I could not support that. If folks are willing to live with a minimum of two days a week of service, I'll advance this bill as is, without any amendments. But I did feel it's important to have the conversation on the record, and the community heard. The community heard loud and clear who was for three days of service, and I understand that there are implications related to recycling services. It's just something I wanted to put forward because we have, as a County, adopted a Zero Waste Plan. We're trying to move ourselves into the direction of being a bit more sustainable. So, I wanted to have a conversation about, you know what, since we're legislating on this, we might as well figure out how we can be creative about incorporating those kinds of services. But the timing may not be right on that, and I'm okay. I'm good to look at maybe doing a pilot program with you on recycling and composting and making sure it's something that can be integrated and is feasible within your operations. But I'm going to encourage my colleagues to support the bill as is. I don't want to wait until January. I don't want to wait until the study is done. I think we already know what the answer is going to be. We've got a lot of trash. It's a problem. We've got to solve for it. In the meantime, let's restore some dignity and respect to the Puna community and at least offer one more day of service at the Kalapana transfer station. Thank you, Chair, I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else? Alright, Council Member Lee Loy. MS. LEE LOY: Thanks, Chair. I have a question for Director Mansour or maybe even Mike, who has been with the department. Just really curious when that transfer station actually came online to be a transfer station. (Note: At this time, Solid Waste Operations Deputy Division Chief Michael Kaha came forward to address the members of the Council.) MR. KAHA: Aloha, Mike Kaha with Solid Waste Division. I apologize, I missed the question. Were you asking about when the transfer station came online? Is that what the question was? MS. LEE LOY: Yeah, like what year? 1980? Do you know? MR. KAHA: I don't know. I've been with the department since 2014, and so I inherited it. But I couldn't answer your question, I apologize, Council. MS. LEE LOY: Here's my thoughts. Regarding the guidance that we got from Corporation Counsel, I can't see the test of privilege. So, I don't mind having that Page 23 Hawaii County Council-42 June 19,2024 conversation because contained within that communication are some other suggestions. For me, this one actually goes a little deeper. I asked that question about when the transfer station came online because if I'm not mistaken, it came online in 1995. It was executive ordered to the County by the State because the Department of Hawaiian Home Lands was building a subdivision right adjacent to the transfer station. So, in exchange for a new homestead community, was carving out a portion, again, for Native Hawaiians to carry the `opala,just like we do in Keaukaha,just like we do in Pana`ewa. So, to the point on the backs of, this is more than on the backs of Puna, it's on the backs, again, on Native Hawaiians. So, for me, it's pretty simple, give them back the grace and dignity that they need; there are some solutions contained within our privileged and confidential information and work it out. Like the introducer, I'm not willing to wait. Those are my thoughts. I'm in support of this because there are ways to rewrite as we move forward. This community needs the help, and like another Puna Council Member said, he tried for six years. Enough already. Let's give them what they need and keep working towards solutions. I am, too, curious about the Operational Plan, but I think the real nut to crack is going to be the staffing shortage. Unless that Operational Plan tells us how to get more staff, we're going to be in the exact same place four months from now. Those are my thoughts. I'm in support of this. I would like to move it forward and see where this all goes. I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy. Anyone else? Alright, I'll just chime in quickly. In support, as it sounds like the rest of the body is in the two days of service. I think that there are concerns about having it only on a weekend day and there are concerns about having it only on a weekday. I actually have changed my position with regard to the legality of this as an ordinance. So, my position will be to the maker, I'm willing to hold it. I know Council Member Galimba has suggested alternative language and attempt to modify those concerns as suggested in the communication by Corporation Counsel, but otherwise, I'm not able to support it with the current language today. That's my position. So, with that, I will suggest that, if there are no further comments, we do a roll call vote. Vice Chair Inaba. MR. INABA: Yeah, I guess for Corporation Counsel, what's the difference between the proposed language in this bill and other language in the Code that directs the administration, whether it be a director or a department or an office, to do things within a certain amount of time, or to do something at all? MS. STRANCE: Well, without knowing the specific Code provisions you're referring to, if you're referring to the provision regarding parks, in the Park's Code it does have hours for parks. But there's also another provision that it gives the director the authority to alter those hours. So, it both states the preference in the directive of the Council, and it acknowledges the authority granted the Page 24 Hawaii County Council-42 June 19,2024 director in the County Charter. If there are other examples you can point them to me, and we can look at those and we can look at whether there was a legal opinion given on them if they're different. MR. INABA: The Planning Code; the Housing, Chapter 11; we direct the Housing Administrator to provide us with a quarterly report on affordable housing; for the Planning Director that he or she act in a certain amount of time on applications. MS. STRANCE: Understood. Those types of provisions don't go to management of a resource that the Charter directs the director to do. They go to the relationship of the Council and that department in terms of reporting to it. So, those provisions would be of a different type. MR. INABA: Housing Administrator shall approve transfer of credits. I'm not understanding. There are so many directive language parts to our Code, that I don't see differently than what is being proposed in this bill. I don't think it's my job to have to go and find all of that. If this opinion is that this is outside our scope or we're blurring the lines between separation of powers and I'm raising this concern that there are other parts already existing in Code, can we get a clear difference on what's already in the Code? MS. STRANCE: I think the opinions given are pretty clear. I don't think that— my hatmy impression is that you folks just disagree with the opinion given. So that is what it is. So, we could look at other examples. For example, would this body believe it has authority to tell the Police Department how and where and when to provide coverage for police officers? Would this body have the authority to tell the Fire Department who and how many people have to be at a firehouse at any given time or need to respond or be in certain places? So, the thing about legislative and executive authority is they're not—depending upon the lens through which you are viewing it, you're going to view it one way or another. There are certain hard rails, and there are certain rails that have to be stepped lightly towards and around. The concern that I have and I have expressed is that—and this is my belief that government does not work well when the boundaries of authority are pressed and pressed over. The government works best when the rails are acknowledged, followed, and I would argue even taking a step back from so that the branches of government don't end up pushing and crossing over each other. The County Charter was set up in some pretty thoughtful ways. They've spent years putting together the way that the Charter was set up, and granting authority, and setting up certain commissions that provide certain buffers between the community and the executive, or between the Council and the community and Council and the executive. And looking at those in the context in which they are offered and given becomes really important. Page 25 Hawaii County Council-42 June 19,2024 Nobody has cited to a case that says, no, you cannot do this. But we have cited to authority and to the County Charter that vests certain authority to manage the County's waste system and program within a person, and that person is the director. I understand and I appreciate the frustration that has been expressed here. From a legal standpoint, you have been provided with what the guard rails are; from a policy standpoint, and that's a lot of what has been discussed today, there's a lot of disagreement as to what or how the executive has carried out its authority here, and that's not a legal question. That really is issues that need to be taken up in the context that the way that our government is set up, and hopefully through candid and cooperative conversations to address the problems of the community. MR. INABA: Okay. I think I would ask that this communication be made public, or it be amended so that whatever concerns because I think this discussion regarding whatever is in here should be public. Nothing in here, to me, seems that the public shouldn't be able to know about it. If it comes to the point where this Council should pass this bill, and just wondering, is it the administration's stance that you folks would actually take legal action against the Council for passing a bill that supports the community's needs? MS. STRANCE: I conducted this research and provided this opinion at your request. I have not shared this opinion with anybody in the executive department. I did this at your request, it's my independent opinion. So, what the administration may or may not do, I don't know. I'm here because you asked me to provide you an opinion. I did it. We disagree. I understand that. I invited an executive session because sometimes really candid conversations about what your authority is and what kind of ramifications you might want to have are better held in an executive session. That's why they have it. So, it would be up to the body, if the body directs me to recast this communication in a manner that's public, I'll follow the directive of this body, but I'm going to take exception to the idea that this opinion came from the administration. This opinion came because you asked for it and you disagree with it. I get it. We're not always going to agree on things, but it's my candid opinion. MR. INABA: I'm not saying this came from the administration, I'm saying would the administration be taking usso, maybe that wasn't a question for you but to the director. If this passes, this bill, are you folks that dug into the sand about not providing one more day to the only transfer station on this island that has only one day of service? How far are you folks going to go to defend what's currently happening? MR. MANSOUR: So, you're asking me the question if it's illegal to pass this through the legal process? Page 26 Hawaii County Council-42 June 19,2024 MR. INABA: I'm asking you if the Council takes action on this bill favorably, will you folks comply, or do you intend to fight the Council's decision? MS. STRANCE: Excuse me. If that decision is made, I think this is very hypothetical. MR. INABA: Hypothetical. Okay, so, I'll bring it back to what's before us. I could maybe understand this concept of separation of powers, but I don't see that the argument presented to us right now is strong enough for me to see clearly at all, the separation of powers. I would like to have the discussion on separation of powers in open session because I don't think it's to the benefit, especially when there's so much concern and there's been so much frustration surrounding this topic. It would be good for the public as well to know, and we take this as a learning opportunity to understand what is and is not a crossover into the executive functions of the County. Again, standing in support of this bill and providing at least one more day to the folks across our island, but right now specifically in Puna. Thank you. CHR. KIMBALL: Alright. Thank you, Vice Chair Inaba. I believe we have, I'm not sure who was first over here. Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. I'm just going to say that for me, also, the separation of powers isn't super clear. I could see if we were directing the department to certain hours or certain days and staff it in certain ways, but I think a blanket statement saying, a minimum of two days, isn't the same as being very directive. I also know that we've done bills, I believe, things like wanting to remove the parking meters, which are I believe under DEM's purview, or changing a speed limit, or putting a no parking zone, and we've done it through legislation. How is that different than what we're doing here? So, I think all of these things, to me I don't see that clear difference here. I am wondering about some of these other issues and going forward, but I do support the two-day minimum as written. Thank you. CHR. KIMBALL: Thank you, Council Member. Council Member Evans. MS. EVANS: I'm still in support and just wanted to point out in the Parks and Recreation Code, Section 15-5, it says camping and the use of trailers or other camping units are prohibited at Kahalu`u Park and that was a directive from the County Council in Code. So, I do not see this as a problem. Thank you, I yield. CHR. KIMBALL: Thank you. Alright, I'll just circle back and make the comment that I think what differentiates this particular situation from others is specifically, the entitlements that are granted to DEM in the Charter and the wording there about the management and then getting into directives about how it is accomplished. I'm going to be a little critical at this point and suggest that brute force here is the, I don't want to use the word lazy, but that's what I'm Page 27 Hawaii County Council-42 June 19,2024 thinking. Brute force here is not in alignment with the nuances of writing legislation. I think there is language that can be added here that achieves the objectives of the maker but does not, in my mind,violate what is the Charter, recommended by the Charter and are the separation of powers. I would suggest that folks need to sit with what is in the communication provided by Corporation Counsel and attempt to digest it further to understand the very distinct scenario we have in this particular situation. So again, I'm not supportive of voting yes today because of the legal issues, not because of the concept. Then would encourage the maker to hold this and allow for more time. Council Member Kierkiewicz. MS. KIERKIEWICZ: Chair, sorry, you're not being very clear on the recommendations on how this bill could be improved, so, I'd really appreciate understanding those comments that you have to offer up. I'm also looking at the Charter and it talks about how DEM's functions can be prescribed by Mayor, prescribed by ordinance. I think with this particular bill, we've created a general framework, but I'm certainly not directing the department how they allocate resources to achieve this particular goal. I feel we're in the clear. I'd like to advance this bill and if there are amendments that you would like to share with me either here or offline, I can take them into consideration and bring them forward, if appropriate, at second reading. Thank you. CHR. KIMBALL: Alright, thank you. Any further discussion? Seeing none, I will ask, may we have a roll call vote,please, Mr. Clerk? Vote on Bill 140: The motion to pass Bill 140 on first reading and adopt (Approved) Policy Committee on Infrastructure and Assets Committee Report No. 8 was carried by the following roll call vote: Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Lee Loy —6. Noes: Council Member Galimba and Chair Kimball —2. Absent: Council Member Villegas — 1. Excused: None. Page 28 Hawaii County Council-42 June 19,2024 Bill 161: AMENDS CHAPTER 19, ARTICLE 11, SECTION 19-90 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAXES Expands permitted uses of Residential Tier Two Property tax revenue to include the funding of County-sponsored programs designed to address mental health. Reference: Comm. 858 Intr. by: Mr. Kaneali`i-Kleinfelder Negative: FC-167 (Due to a vote of 1-aye, 7-noes, 1-absent) Withdraw Bill 161: Mr. Kaneali`i-Kleinfelder announced the withdrawal of Bill 161. (Note: Due to the negative recommendation in Finance Committee Report No. 167, the report was adopted.) Bill 167: AMENDS CHAPTER 24, ARTICLE 10, DIVISION 5, SECTION 24-284, SCHEDULE 32 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO TWO-HOUR PARKING AREAS Restricts parking in marked stalls along Highway 240 between Kika Street and Ohelo Street in the Hamakua District to two hours, between the hours of 8:00 a.m. and 4:00 p.m., Monday through Saturday, excluding any observed holiday. Reference: Comm. 892 Intr. by: Ms. Lee Loy (B/R) Approve: PCIA-9 Motion to Approve: Ms. Lee Loy moved to pass Bill 167 on first reading and adopt Policy Committee on Infrastructure and Assets Committee Report No. 9. Seconded by Ms. Kagiwada. CHR. KIMBALL: Council Member Lee Loy. MS. LEE LOY: I ask for my colleagues' support. I think this is one we've discussed, it's in your district and supported by the community. It's contained in our background report. I yield. CHR. KIMBALL: Thank you, Council Member Lee Loy, and you're correct, this is in my district, and I ask my colleagues to support. Any further discussion? Seeing none, all those in favor please say "aye." Page 29 Hawaii County Council-42 June 19,2024 Vote on Bill 167: The motion to pass Bill 167 on first reading and adopt (Approved) Policy Committee on Infrastructure and Assets Committee Report No. 9 was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —7. Noes: None. Absent: Council Members Inaba and Villegas —2. 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): Res. 517-24: AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT (Draft 3) DOMAIN OF TAX MAP KEY: 8-6-008:011, SITUATED AT WAIEA, DISTRICT OF SOUTH KONA, COUNTY AND STATE OF HAWAII, FOR CONTINUED USE OF THE WAIEA RECYCLING AND TRANSFER STATION BY THE SOLID WASTE DIVISION OF THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT The County seeks to acquire approximately 2.282 acres of land to continue to operate the Waiea Recycling and Transfer Station. Reference: Comm. 874.4 Intr. by: Mr. Inaba(B/R) First Reading: June 5, 2024 Note: Second of two required readings, Section 101-13, Hawaii Revised Statutes (Note: Comm. 874.5, from Council Member Holeka Goro Inaba dated June 10, 2024, transmitting a map regarding Res. 517-24, Draft 3, was circulated.) Motion to Approve: Mr. Inaba moved to adopt Res. 517-24, Draft 3, on second and final reading. Seconded by Ms. Galimba. CHR. KIMBALL: Vice Chair Inaba. MR. INABA: Yeah, I just want to thank the Solid Waste Division. They did provide an updated map contained in Communication 874.5,just so it's clear to us what area we are taking as part of this resolution. So, thank you to the department. Chair, I yield. CHR. KIMBALL: Thank you, Vice Chair Inaba. Any further questions? Seeing none, all those in favor of adopting Resolution 517-24, Draft 3 please say "aye." Page 30 Hawaii County Council-42 June 19,2024 Vote on Res. 517-24: The motion to adopt Res. 517-24, Draft 3, on second and Draft 3 final reading was carried by the following voice vote: (Adopted) Ayes: Council Members Galimba, Inaba, Kagiwada, Kierkiewicz, Lee Loy, and Chair Kimball —6. Noes: None. Absent: Council Members Evans, Kaneali`i-Kleinfelder, and Villegas —3. Excused: None. Res. 518-24: AUTHORIZES THE ACQUISITION OF PRIVATE PROPERTIES BY EMINENT DOMAIN, BEING PORTIONS OF TAX MAP KEYS: 1-4-001:002 AND 1-4-001:003, SITUATED AT KAPOHO, PUNA, COUNTY AND STATE OF HAWAII, FOR THE RECONSTRUCTION OF LAVA INUNDATED ROADS, COUNTY JOB NUMBER E-4523, SPECIFICALLY POHOIKI ROAD Authorizes the Corporation Counsel to initiate proceedings in eminent domain for the taking, acquisition, and condemnation of private property for the purpose of widening Pohoiki Road to comply with current roadway standards. Reference: Comm. 875 Intr. by: Mr. Inaba(B/R) First Reading: June 5, 2024 Note: Second of two required readings, Section 101-13, Hawaii Revised Statutes Motion to Approve: Mr. Inaba moved to adopt Res. 518-24 on second and final reading. Seconded by Ms. Kierkiewicz. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I see our Director of Public Works here. Aloha, Director Pause. We had assignments a couple of weeks ago. I know that you were going to reach out to the property owner, Mr. Lono Lyman. I believe you did that. Just hoping for a high-level overview without kind of compromising the integrity of this process, how that went? (Note: At this time, Public Works Director Stephen Pause came forward to address the members of the Council.) MR. PAUSE: Aloha, Steve Pause, Director of Public Works. Yes, so we were last in Council on June 5h and on June 6h, I reached out by phone to Mr. Lyman and we had a discussion over this situation. He expressed an interest in receiving a better map, which I did follow-up and sent to him on the I Oh of June. We also sent him as a follow-up, copy of the appraisals for the two parcels that are in discussion here. We had a number of discussions. In the end, we might not have necessarily agree to disagree, or we did agree to disagree, but Mr. Lyman did Page 31 Hawaii County Council-42 June 19,2024 follow-up on the I Oh of June and provided a letter to Mayor Roth. I was copied on it. In that letter, he expressed a desire or an offer to settle. There were a number of conditions, but I would express his offer to settle as more of a demand. It was a one-way demand with five conditions. I had the discussion with Mayor Roth and with Corp Counsel. Ms. Suzanna Tiapula is sitting in for our normal Corp Counsel and I believe she's listening in Hilo. She's sitting in for Sinclair (Salas-Ferguson). We had that discussion, and one of the other things he expressed in that letter was to make sure that we provided him the copies of the appraisals and the parcels. So, we in fact did that and then subsequently, a letter was drafted and signed by Mayor Roth and sent back to Mr. Lyman yesterday. The short of that is that we feel, DPW (Department of Public Works) and the administration, feels that it's in the best interest of the County to continue forward with the condemnation in order to allow the overall project, the lava recovery project, to proceed. We did agree to continue discussions with Mr. Lyman regarding several of the issues he has brought up that are not specifically related to these two parcels that the County is seeking to acquire. And Mayor Roth's letter expressed the desire to continue the dialogue as we proceed forward with this project as well as other projects in the lower Puna community. MS. KIERKIEWICZ: Thank you, I appreciate your diligence in connecting with Mr. Lyman on this issue. It's not pretty. I don't want to create divisions within my community. We're so close, it's been six years. We need that critical infrastructure restored. I also did get a copy of the letter from Mr. Lyman and I'm wondering, Director, if you could just furnish me with a copy of the Mayor's response so I have it for my records. I won't share it out, I just would appreciate a copy. If you've got one printed,pass it along. Thank you. Then just to be clear, now that this resolution is here at Council, I'm going to ask my colleagues for their continued support. We need this passed in order for Public Works to proceed with putting the project out for bid. Is that correct, Director? MR. PAUSE: That is correct. We need this so that we can then proceed with actually the public offering. Our goal and our plan and our schedule all along had been to try to get that package out on the street before the end of June, and I think we're pretty close to doing that. MS. KIERKIEWICZ: Okay. So, there's really no holding period on your end should this resolution pass today to publish that invitation for bid? MR. PAUSE: I don't believe so, but I may want to defer to our Corp Counsel if she's listening in. But I don't believe that there should be anything that would hold us from proceeding. Page 32 Hawaii County Council-42 June 19,2024 MS. KIERKIEWICZ: Deputy Corporation Counsel? (Note: At this time, Deputy Corporation Counsel Section Chief Diana Mellon-Lacey came forward to address the members of the Council.) MS. MELLON-LACEY: Good morning, this is Deputy Corporation Counsel, Diana Mellon-Lacey. I'm sitting in for Suzanna who's sitting in for Sinclair. But I have been involved in this matter. There's nothing that should preclude moving forward once this resolution is passed, if that's the question. MS. KIERKIEWICZ: It is and thank you for confirming that. I just wanted to make sure that there were no other sort of like other secret levels that we needed to navigate before putting the project out to bid. MS. MELLON-LACEY: No. MR. PAUSE: I'm not aware of any. Thank you. MS. KIERKIEWICZ: Okay. Awesome. And Chair, reel me in in if you feel this is going beyond the scope, but once it's put out for bid, the timeframe in which you will be able to find a vendor and start actually with staging equipment for restoration. MR. PAUSE: So, on a similar manner to the first phase of work, which begins at Four Corners and proceeds south on 137, the process is somewhere between two to three months. So, as previously communicated, it was our intent to get this project out to bid, awarded, and under contract so that work can commence before the end of the third quarter of this year. As a side note, we had a preconstruction meeting with our contractor, Isemoto, and other parties today, as a matter of fact, to commence that work on the 137 from Four Corners. So, that work is proceeding. MS. KIERKIEWICZ: Great. So, I just want to confirm before the end of the third quarter before the end of September, we can expect work to commence on Pohoiki Road? MR. PAUSE: That is our current, optimistic plan. Correct. MS. KIERKIEWICZ: Okay. I'll be praying alongside with you. Please let me know if there's anything that I can do to remove barriers or help to accelerate the work on this project. MR. PAUSE: Most definitely. Thank you for your support. MS. KIERKIEWICZ: Thank you, Director. Again, encouraging all of my colleagues to support this very important resolution. Thank you, I yield. Page 33 Hawaii County Council-42 June 19,2024 CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else? Seeing no further comments, all those in favor please say "aye." Vote on Res. 518-24: The motion to adopt Res. 518-24 on second and final (Adopted) reading was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Bill 125: AMENDS CHAPTER 6 OF THE HAWAII COUNTY CODE 1983 (Draft 5) (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO COMMERCIAL BICYCLE TOURS Establishes annual registration requirements for any person or business operating a commercial bicycle tour and that the County Council may prohibit the operation of commercial bicycle tours on designated portions of public highways if transportation and public safety officials determine that operating the commercial bicycle tour on the designated portion of a public highway poses a threat to public safety. Reference: Comm. 679.90 Intr. by: Ms. Evans Postponed: March 20, May 1, and May 15, 2024 First Reading: June 5, 2024 (Note: Comm. 679.91, from Council Member Jenn Kagiwada dated June 12, 2024, transmitting proposed amendments to Bill 125, Draft 5, was circulated.) Motion to Approve: Ms. Evans moved to pass Bill 125, Draft 5, on second and final reading. Seconded by Ms. Kierkiewicz. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. Over the last couple of months, we've had some amazing dialogue. I want to give a lot of thank you to everyone for or against it to have this conversation and really focus on the fact that this is about commercial bicycle tours. This was never or ever been intended to address bicycles. We're not regulating bicycles. What we're talking about is we have commercial bicycle tour groups that are on our island and that we do have the authority to be able to regulate these tours and restrict them to highways, or take out the ability for them to be on certain highways. Page 34 Hawaii County Council-42 June 19,2024 I think the community that I represent has been very loud about this ever since the first month I got in office about their concern of the commercial bicycle tours. Probably, it's getting more and more popular to come and have tourist activities on our island. This is a growing one. When I originally talked to the tour groups at the very beginning, the first time I introduced the bill, they did not seem to resist it at all. I think what it has turned into is some groups fear that somehow, this is going to impact them as bicyclists on the road and it does not. Yeah, there's a lot of our roads that maybe the bicyclist would like to see us make improvements, but that's, to me, for another day, another conversation with our Department of Public Works. So, I'm asking my colleagues for your support. Thank you, I yield. CHR. KIMBALL: Thank you, Council Member Evans. Council Member Kagiwada. MS. KAGIWADA: Thank you. Thank you for bringing this forward because I do think it really had some good discussion. I've learned a lot looking into these issues. I do think that it's really interesting to hear you say that the tour groups are not at all resistant to this because that's kind of where I'm at, which is I don't really think we need to legislate which roads the tour groups can go on. I think that if we talk to them and if we think there are certain roads that are not good for them to go on, it sounds like they're very amenable to just not doing their tours on those roads. I don't think we need to start legislating different roads that they can and can't go on because they are very open to just listening to us. So, I have an amendment that I'd like to propose. Motion to Amend: Ms. Kagiwada moved to amend Bill 125, Draft 5,with the contents of Comm. 679.91. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kagiwada, on the amendment. MS. KAGIWADA: Thank you, Chair. So, this amendment basically just keeps all the portion of registering the bike tour companies but takes out the part of getting rid of roads that bike tour companies can ride on from the ordinance. Like I said, I just think the tour companies are amenable to not riding on roads that we don't want them to. This would allow us to know which bike companies are out there, register them, and therefore, we'd have a way to contact them. And if we felt there were roads that they were riding on that were not good in our communities, we can simply reach out to them and have that discussion, and it sounds like they're very amenable to making those changes. So, looking for your support on this amendment. I've heard very clearly from the biking community, but also people who are involved in multimodal design work that we are simply saying that some of these roads are dangerous, we don't really have data that shows that. If we look at the data, we really see that bike fatalities on our island have not been on any of these Page 35 Hawaii County Council-42 June 19,2024 roads that have been brought up so far, but actually on the straight away highways, they tend to be where we have lots of visibility, lots of space. So, this does not seem to be an issue with actual bike collisions with cars. So, I'd like to hear people's input on this and looking forward to the discussion. Thank you. CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Galimba. MS. GALIMBA: Thank you, Chair. I think from the beginning I've been very uncomfortable with this Bill 125. I found that as it got better—as it went along it got better. The two things that I found troublesome about it was the very persuasive testimony from the biking community. Lately, it has been part of it, but not having the bike tour companies ever come in has been troubling to me. So, I think this is a good first step to get the bike tour companies to engage with the County and with us, and we can go from there because it has been very troubling to me, this bill, despite recognizing the dangers of biking or walking or driving on those highways to sort of just target the bike tour companies. To me, it kind of seems legislating from annoyance, which is not necessarily a good way to legislate. So, I am actually in support of this amendment. CHR. KIMBALL: Thank you, Council Member. On the amendment, Council Member Evans. MS. EVANS: Yes. I don't support the amendment. I think that change happens all the time, and I think it's up to us as the Council to engage with our community, understand the things that are coming our way that are new, and different, and may propose public safety issues. This for me is about public safety. Maui did it because of public safety, because of the bicycle tours coming off of Haleakala. I believe this is right in our purview to say these in certain situations, we can workremember, the way we've written this is totally different from the way it started. We've set up a template and a process now. That process would be a Council person in their district working with their constituents. If someone came and said we really think these are dangerous. This is a process to bring it in front of the Council to vote on it. They will vote if they agree to put it on the list. No different than when we vote on these parking limits or parking restrictions and the other things that we put in our Code, and that is because it's about public safety. I really believe this is public safety, and I do believe that this issue is really stressing out my community. If passed, you can be sure I will bring back to you these two roads to be considered by the Council for a Council vote to add them, add these to the list. This is the framework to put in our Code, and I think it works. So, I am going to ask my colleagues to please vote down the amendment. CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? Checking in Hilo. Page 36 Hawaii County Council-42 June 19,2024 MR. KANEALI`I-KLEINFELDER: Yes,please. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. This amendment is a hefty amendment, it's not a simple amendment. It really does strike through most of the parts of this bill that actually created the guard rails that protect the intention of the bill. I won't be supporting the amendment today. I'm discouraged that this came three months after the initial introduction of this bill, as it was originally brought in. We are on Draft 5, which speaks to the length of time we've been deliberating on Bill 125. I really am drawn to the fact that we're speaking on behalf of a portion of our community that does bike tours and yet, in thinking back through the multiple readings of this bill that we've had and through the e-mails that I've received, I have not seen an outcry of angst or opposition to the bill. From where we started where we looked at removing a road from the use of tour companies for bike tours to where we have now in front of us Draft 5 of Bill 125, that doesn't have a road in it defined and more sense the background for how we can look at certain roads with further Council legislation, I am not at all seeing the need to amend the bill with the contents that have been provided today. I won't be supporting and again, I'm discouraged by seeing what is coming in front of us today at this point in time, after all the discussion we've had to get us here. So, I hope that falls with humbleness but also a reality of what it takes to get to this point, what the Council Member has brought forward, the collaboration between Council Member Kierkiewicz and Council Member Evans to get us to a point where we can all agree, and then now to see a move away from all that discussion. It's discouraging and it's frustrating. So, I hope that provides clarity to the maker of the amendment. No disrespect given, but I will not be supporting today. Thank you. CHR. KIMBALL: Thank you, Council Member. Council Member Lee Loy, you good? Alright, thumbs up, right on. Okay, back to Council Member Kagiwada. MS. KAGIWADA: Thank you. To those comments,just to say that as I mentioned before, I've learned a lot through this process and just to also reiterate, we did not all agree. I did not ever agree with this bill. So, I've been looking for ways to amend it to something that I think is workable, does not waste County resources on something that I think can be done with a conversation. As the introducer of this bill stated, when she talked to bike tours they did not seem to resist it at all. My take on that and based on what I've heard from some of the bike tours as well, is they are happy to have those conversations and look at not doing tours on roads that we may find we don't want them on. So, I do think it's a complete waste of County resources to put things through a process that can be done with a simple conversation. Page 37 Hawaii County Council-42 June 19,2024 I do think the part of this bill that registers bike tours and allows us to know who is doing it and have the contacts so that we can have those conversations, is really important. I also think it is not simply about banning bike tours, it is actually a safety issue around do we want to look at our roads in ways to make them accessible to more than just cars? In the case of some of the roads we've been discussing, it is actually safer when bikes are there; people slow down, they go around. They may be annoyed or irritated that they have to slow down, but they do slow down and that's why we do not have any data showing that there have been bike accidents and car accidents involving bikes on these roads. So, I do just want to say again, I feel like it's a total waste of our County resources to do a process like this for something that can be solved with a conversation. Thank you. CHR. KIMBALL: Thank you, Council Member. I'm going to go to Council Member Kierkiewicz and then I'll come back to you, Council Member Evans. MS. KIERKIEWICZ: Thank you, Chair. I'm not going to be supporting this amendment today. I think it really flies in the face of what Council Member Evans was trying to achieve, which was create a framework. I was honored to help you with that. I think we worked really, really hard to take into consideration community mana`o and also feedback from this Council, to arrive at what I think to be something fair, and simple, and actually something that the departments, Public Works and Police, can implement. I do not think it is a waste of County resources for people to go through this exercise. I think what it shows is that we are exercising good judgment in thoroughly evaluating any roads that are being proposed for banning of commercial bike tours. So, I won't be supporting this amendment today. I am comfortable supporting Bill 125, Draft 5, which is before us. Thank you, Chair. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. I just want to set the record straight. When I talked to two of the commercial bicycle tour operators, what they said is if you pass this bill, we have no problem with you passing the bill because we have all the other roads on the Big Island. Yeah, if you consider it unsafe, you restrict it, we'll respect that. So, I just want to make sure that they were put on notice. The fact that they haven't showed up and testified is I'm going to look at it as no need. They don't see the need to testify because we've got a lot of roads on this island, a lot of places for them to go. So why? I think in my opinion, this is about public safety, this is about community, this is about certain roads and to say that there have been no accidents on Kohala Mountain Road, I just want you to know that people have told me there have been accidents on there but years ago. And recently, you have to remember who's collecting the data and how long does the Police Department keep data? You can Page 38 Hawaii County Council-42 June 19,2024 go that route if you want to argue that there has not been accidents on the road, but community, a lot of times when there's accidents in our community, near accidents, how do you define an accident? Do you define an accident when a what happens when awe had this testimony. We have ranchers, they have trucks, they have cattle, they come around the corner, there's a bicycle tour, people taking pictures,people slowing down, maybe four or five, they're all over the road, right? Because if you've been on that road, you realize there are no shoulders, but things happen. These trucks come around the corner, they have to slam on their brake, all those cattle come rushing, all the poundage comes up against their truck. Do you call that an accident? No, but to them, yeah, maybe so. So, we can talk about what is and isn't an accident, but I can tell you it has been an issue, and my community has never stopped telling me, wherever I go, yeah, it's a problem,please fix it. So, I think where we're at now is we're not restricting those roads yet. Where we're at and thank you to Member Kierkiewicz for working with me. We now have something that is in Code that gives us a way forward on an appropriate evaluation and taking it in front of the Council in the future saying do you agree or not agree, and then we vote on it to add it. No difference than when we add again, no parking,parking meters, two-hour parking, it's all about public safety in my opinion. So, I still ask that you vote down this amendment. Thank you. CHR. KIMBALL: Thank you, Council Member Evans. Any further discussion on the amendment? I'll just briefly comment that I will be supporting. I had an opportunity to have a community meeting with my Hamakua CDP (Community Development Plan) community action group and I actually raised the question of this bill. There is information in the there are objectives in the community's CDP for Hamakua around multimodal transportation. The response was pretty universal that they thought this bill was a bad idea from the standpoint as it gave the County a free pass to not approve roads to provide for multimodal transportation. So, I'll be supporting this amendment as I do think the registration is a good idea and so would like to see that language. But I think we can see the writing on the wall here with this amendment. I will ask for the Clerk to do a roll call vote, please. Vote on Motion to The motion to amend Bill 125, Draft 5, with the contents of Amend: Comm. 679.91 failed by the following roll call vote: Failed Ayes: Council Members Galimba, Kagiwada, and Chair Kimball —3. Noes: Council Members Evans, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, and Lee Loy —5. Absent: Council Member Villegas — 1. Excused: None. Page 39 Hawaii County Council-42 June 19,2024 CHR. KIMBALL: Thank you. We will now move back to the main motion, unamended, Bill 125, Draft 5. Any further comments for deliberation on the main motion? MR. KANEALI`I-KLEINFELDER: Yes,please. CHR. KIMBALL: Yes, Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: In listening to the conversation today and in the past, I'm a little concerned that this bill is being promoted as anti-multimodal. Because it doesn't. It's specific to a business type, a commercial tour type. While I can see that is considered biking, when I think of multimodal transportation, I'm thinking of residents using different modes of transportation to get to and from work, school,job, not a bike tour operating as a business for visitors. So, I'm just putting that out there to the body to consider because I do not see the two ideas in alignment. I see these as two very separate topics that are being intermingled, but I would caution against allowing them to mingle in our brains and our public's knowledge. Thank you. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. It looks like your light is on, Council Member Lee Loy. MS. LEE LOY: Thank you, Chair. Yeah, in support. Again, the bill is more from where it was. It's a process. I actually had a wonderful opportunity to head out to Kohala with Council Member Evans and drove that Mountain Road, drove out to Pololu Valley, and like my colleague mentioned, I don't see it as an anti- multimodal bill. I actually see it as a tool where we can identify road usage and maybe tailor funding in a better and more systematic way. But in the meantime, I think there are a number of safety concerns about the use of certain roads for tours. I'm not a big fan of commercial entities using County assets or any of our government assets, as a business model. I think that model is just bent and warped in my sense. I think what this process does is hold everybody accountable. We know where they are, we know what the needs are, and future budgets and/or funding can be directed in a manner that helps improve all of our roadways. Thank you for the opportunity. I stand in support. CHR. KIMBALL: Thank you, Council Member Lee Loy. Any further discussion? Vice Chair Inaba. MR. INABA: Thank you. I want just to state on the record that there has been a lot of testimony that we've received, and I want it to be clear that, at least for myself, I have read through the testimony. There are certain roads on this island that I don't think, right now, have a place for bicyclists due to the safety nature of those roads, but that's not what is before us. We're talking about commercial bike tours specifically, and to put something in this part of the Code, or to put a Page 40 Hawaii County Council-42 June 19,2024 road in this part of the Code doesn't prevent the County or the State from making necessary improvements in the future to make that road a multimodal road. So, I'm wanting the public, who has provided testimony thus far, to just understand maybe there aren't specific metrics that we can all agree on right now; but those would be taken up as part of a comprehensive public process should it ever be brought forward to add commercial activity, a ban on commercial activity for bicyclists on certain roads in the County. I'll be in support of this bill, thank you. CHR. KIMBALL: Thank you. Council Member Galimba. MS. GALIMBA: Thank you. Yeah, despite my support of the amendment and feeling that would be the best, I am supportive of this bill. I feel like it's been through many iterations, and it is something I can live with. I think it would be best if we were very, very conservative or sparing in how we ask for roads to be banned. With that, I yield. CHR. KIMBALL: Alright, thank you. Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. I just wanted to thank all the people who wrote in testimony, called, and had conversations with me. I think it's really good to hear how much support there is for multimodal transportation out there. I know there's still a huge concern with the biking community that there's no way to tell who's a bike rider with their friends and who's on a tour, on these roads. So, there is some concern about feeling like they may be stopped or questioned and how do they prove they aren't on a tour, that kind of thing. So, I just want to say I'll keep working with the bicycling community and multimodal supporters to try to figure out ways to lessen the impact on you as this goes forward. So, I can see which way it's going, but I won't be supporting, thank you. CHR. KIMBALL: Alright, thank you. Vote on Bill 125: The motion to pass Bill 125, Draft 5, on second and final Draft 5 reading was carried by the following roll call vote: (Adopted) Ayes: Council Members Evans, Galimba, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —7. Noes: Council Member Kagiwada— 1. Absent: Council Member Villegas — 1. Excused: None. Page 41 Hawaii County Council-42 June 19,2024 Bill 138: AMENDS CHAPTER 2, ARTICLE 7, OF THE HAWAII COUNTY CODE 1983 (Draft 3) (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) an initial time extension for the performance of conditions on the change of zone has been granted; (2) applications have been approved or denied 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 (3) any application, except for registration of a short-term vacation rental, has been approved or denied under the sole authority of the planning director or by operation of applicable law when the planning director failed to approve or deny the application. Reference: Comm. 760.10 Intr. by: Ms. Evans and Mr. Inaba First Reading: June 5, 2024 Motion to Approve: Ms. Evans moved to pass Bill 138, Draft 3, on second and final reading. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. The last draft was to correct the effective date, and we did that,just to highlight, that now if this passes, the first semiannual report will come in January. So, it's an opportunity. Member Inaba and I worked with the Planning Director and his staff to talk about this information that is readily available that is there. It's there now, but now they can collocate it into something that is a report that we can see at the Council. I think it's a good idea and I ask for your favorable support. I yield. CHR. KIMBALL: Thank you, Council Member Evans. Any further discussion? Seeing none, all those in favor of adopting Bill 138, Draft 3 please say "aye." Vote on Bill 138: The motion to pass Bill 138, Draft 3, on second and final Draft 3 reading was carried by the following voice vote: (Adopted) Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Page 42 Hawaii County Council-42 June 19,2024 Bill 145: INITIATES AN AMENDMENT TO ARTICLE VI, CHAPTER 7, (Draft 3) SECTIONS 6-7.3 AND 6-7.4; AND ARTICLE XVI OF THE HAWAII 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; natural resource management or agriculture; or climate resilience, environmental science, environmental protection, or land conservation, and that each category be represented by a different member. Reference: Comm. 796.14 Intr. by: Ms. Evans First Reading: June 5, 2024 2/3 Vote: Second of three required readings, Section 15-1(a), Hawai`i County Charter Motion to Approve: Ms. Evans moved to pass Bill 145, Draft 3, on second reading. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Evans. MS. EVANS: Thank you. It went through a couple of iterations on the draft so that we could get transitional language correct. You know the City and County of Honolulu Council passed a Charter amendment and they actually now have four of their members with specific qualifications that they've put into now it's been accepted by the voters and it's in law, but you have to do transition language. So, that's kind of why we're into the Draft 3 stage. But I want to just point out that I heard some comments earlier by some testifiers. I just think that having certain knowledge on the Planning Commissions—when we're talking about land usage, it's really about land usage when we're voting on the zoning and subdivisions and special-use permits, variances, et cetera, that it really is how is our community going to look like 5, 10, 15, 20 years from now. A lot of it is about decisions today because a lot of times, the decisions we make today, we won't know for years how that is eventually going to play out. For those of us who believe in doing land management through envisioning what it's going to look like, I think it's really that's where I come from. What is it going to look like when I make a decision? How is the impact going to be out in the future for people that are coming behind us? I think this bill, again, is three of the seven members asking for certain expertise. We wrote the language, one, two, and three with a wide swath of what we're looking for. The first one is Native Hawaiian traditional and customary practices, Native Hawaiian law or traditional Hawaiian land usage. It doesn't mean it's going to be a Hawaiian that's going to be sitting there. It's going to be someone who knows yesterday, we had someone here that was talking about doing an Page 43 Hawaii County Council-42 June 19,2024 archeological survey and he wasn't Hawaiian. He had expertise. He had an archeological background. I've met a lot of people that are experts in this type of area. Natural resource management or agriculture, my goodness, Agriculture and natural resource management, foresters, soil and water conservation, farmers, manufacturers, product development, grazers, sheep herders, whatever. It's huge, agriculture, when you cover that. These are people that are really understanding the land. Then climate resilience, environmental science protection, or land conservation, that's huge, and I think it really reflects, in my opinion, where we're at in our community. When we passed OSCER (Office of Sustainability, Climate, Equity, and Resilience), it's like what are people really wanting us to consider when we make decisions? Again, it's three out of seven. I think their expertise and them at the table when these conversations are happening, I think it's really important. And again, this would be up to the public to vote on it as a Charter amendment, and I ask for your favorable vote on this. Thank you. I yield. CHR. KIMBALL: Thank you, Council Member Evans. Anyone else? Vice Chair Inaba. MR. INABA: Yes, I want to thank the introducer for putting this forward. I do think that it does provide, or it ensures that a wide variety in a group of commissioners would be serving on both Planning Commissions at the same time. I don't believe that it would hinder the ability of the County to fully staff or fully stack these commissions with members to keep them operational. So, I'll be in support. Thank you. CHR. KIMBALL: Thank you, Vice Chair Inaba. Any further discussion? Council Member Galimba. MS. GALIMBA: I think I stated my position previously and I'm going to continue to not support, sorry, because I just feel like it's going to create problems in staffing. MS. EVANS: I'm sorry, I can't hear you. MS. GALIMBA: As I've stated previously, I feel like this going to further make difficult, getting folks to fill the seats on this commission. So, I will not be supporting. Thanks. CHR. KIMBALL: Thank you. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. I too won't be supporting this measure today. My preference would be for things like traditional, customary practices, natural resource management, climate resilience, the principals of these subject areas are Page 44 Hawaii County Council-42 June 19,2024 things that our commissioners be trained in so they have all of this in mind and they take into consideration when they are making land-use decisions at the commission level. Thanks for trying but I can't support. CHR. KIMBALL: Thank you. Any further comments? Yes, Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. I support the Charter amendment because it goes to the public. They get to decide whether or not our residents feel this is important to them. We can say no, and we can say no for different reasons. We can say yes for different reasons. Ultimately, what Council Member Evans has done is just create some guidelines for our Planning Commission and knowledge basis for them to draw on so that each perspective from our County is being represented on our Commission. That's not always the case with our Commissions. We've seen that time and time again. So, I commend her for creating an amendment through our Charter that goes to the public for their decision-making. I'll be supporting the measure today. Well done, thank you. CHR. KIMBALL: Thank you. Council Member Lee Loy. MS. LEE LOY: Thanks Chair. I expressed my reasons. I'm not going to be supporting this. I think the elephant in the room is I've watched so many good candidates come through and because their goals aren't aligned with certain Council Members, they end up, in my humble opinion, what I've seen is get treated very badly. So, I think it has nothing to do with the expertise or what the candidates offer, it's some of the sentiments or what the Council Member is looking for to fill that slot. So, I'm going to be in opposition of this. Sorry, but I think training for all kinds of things, economic development, sign language, you name it, we could find candidates that have a whole lot of expertise, but to slice this in the Charter is a bit much. I yield. CHR. KIMBALL: Thank you. Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. Thank you to the maker for this. I will be supporting. I understand some of the issues that my colleagues are bringing up who will not be supporting this bill. But I think overall, it will help to balance the board with some different expertise and maybe even allow us, when we have other candidates who maybe don't fit these descriptions, be able to understand that since we will have a balance, kind of guaranteed with this language on the board, it will allow us to maybe be more accepting and inviting to people who may have differing opinions. Because I think those differing opinions are actually really good for the board overall. So, thank you for putting this forward. I'll be supporting. CHR. KIMBALL: Thank you, Council Member Kagiwada. Vice Chair Inaba. Page 45 Hawaii County Council-42 June 19,2024 MR. INABA: Thank you. We see where this is going and I would recommend to the maker to maybe consider bringing this forward in Code and perhaps the Council because it would allow for the Council to take up amendments if necessary. And I'm not completely sure whether that would change the vote of members who are voting against the measure today, but that would be an opportunity to bring this back in a different form. But thank you for putting it forward for conversation's sake and I do hope to see it in another form. Thank you. CHR. KIMBALL: Thank you. MS. EVANS: I can count the votes, too. You need six to get it as a Charter amendment and there's not six. So, if we took the vote then we couldn't talk about it until next year, I mean to the next— CHR. extCHR. KIMBALL: That's correct. We wouldn't be able to achieve the timeline. So, you may want to consider, if you want to modify the language as Vice Chair Inaba perhaps suggested, enabling the Council to set these types of priorities via Code. You would be best advised to postpone until you can get that amendment. MS. EVANS: So, is it—actually, this is kind of a question for the Clerk. So, we're at second and final reading. So, even if I did postpone it and bring back an amendment, this is like kind of a that would be criticized as kind of a gut and replace at this late stage in the game. So, if I just withdraw itcan I withdraw it at this time? Then I'm not spoiling my opportunity to bring something in front of the Council. MR. PERRY: So, this is the second of three required readings, so there would still be one more after this. MS. EVANS: Well, we're on second or final reading, so this is second reading. MR. PERRY: The second of three required. So, if this bill were to pass today, there would still be one more. MS. EVANS: Right, but the bill's not going to pass. So, with the votes, I mean I can count the votes. So, I have options, right? If I just say table it to the call of the Chair, I could then—my point being is if I write, if I go in and amend the language because the title is still correct, but I go in and amend the language, it comes in with a whole new way of doing it, that'd be changing Code versus asking the community to vote on it as a Charter amendment. So, I'm just thinking because we're at the second reading of the final reading, it might be better to—so I have an option. I assume I can pull it. Can I pull it and withdraw it? What's the best way forward, right? Page 46 Hawaii County Council-42 June 19,2024 CHR. KIMBALL: You do have a couple of options. I thought it was at third reading, but you're correct, it's in just second reading, it does have one more reading. I think you could request that your colleagues advance this to the third reading, and we could have—so that you would have the opportunity to bring that amendment. If you withdraw it, that means you will probably not make the timeline for this year's ballot, but you could bring it back again in this term for the 2026 election. MS. EVANS: Right. Maybe I misunderstood Member Inaba, but I could write a bill that changes Code, and we can go through that discussion, or you're saying we could just replace this CHR. KIMBALL: I'm sorry, I think you need to give the Council authority to designate this in the Charter. It designates particular—so that's why I'm saying I think you need to make the amendment to this bill to allow for MS. EVANS: Got it. Okay, now I see what you're saying. Yeah, I'd like the opportunity to do that. CHR. KIMBALL: So, I see the Clerk and Acting Clerk discussing something over there. MR. PERRY: Because the bill has been amended, it cannot be withdrawn. So, it's up to this body to dispose of it however it chooses to do so. CHR. KIMBALL: So, I think since we have one more reading and we can vote up or down, then it looks like the maker is willing to consider an amendment that might make some of us more comfortable. I guess we'll just MS. EVANS: So, another option is to amend it to ask that the Council, through Code, could put in qualifications through the Code process, but you'd still have to ask the public if that would be okay. CHR. KIMBALL: I believe we have the Clerk here to advise us. MR. HENRICKS: Hello, Jon Henricks, County Clerk, nice to see you all. Since it appears the Council's granting some leeway to talk about things that aren't on the floor, potential amendments, I'll just share with you that Ms. Evans did consider an amendment to do, I believe what you're talking about, which is substantially revise the bill to where basically, would say that put before the voters asking if the Council should have authority to create regulations through ordinance, essentially, to create criteria for these positions. The advice of LRB (Legislative Research Branch) and the Clerk's Office was that the bill cannot be amended to do that because it includes transitional revisions that amend Article 16. If the bill was amended to provide simple authority to make these provisions through ordinance, their transition provisions would no longer be Page 47 Hawaii County Council-42 June 19,2024 necessary. Therefore, again, we go back to the situation with the previous Charter amendment where the amendments do not fit the form of the bill, and we cannot amend the title. So, I believe that those amendments are too far of a reach to be made to this particular bill. So, I just wanted that to be on the table when you guys are considering what you're going to do next. I didn't want that to be a potential that would not be available to Ms. Evans. MS. EVANS: Okay, it makes sense. Thank you. Thank you for your opinion and I agree. So, I think we should take the vote. Thank you. Vote on Bill 145: The motion to pass Bill 145, Draft 3, on second reading Draft 3 failed by the following roll call vote: Failed Ayes: Council Members Evans, Inaba, Kagiwada, and Kaneali`i-Kleinfelder—4. Noes: Council Members Galimba, Kierkiewicz, Lee Loy, and Chair Kimball —4. Absent: Council Member Villegas — 1. Excused: None. Bill 152: AMENDS CHAPTER 5, ARTICLE 1, ARTICLE 4, AND ARTICLE 7, OF THE (Draft 2) HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PRE-APPROVED PLANS FOR RESIDENTIAL DWELLINGS Adds a definition for"multi-family dwelling", and amends the plan review fee schedule specific to pre-approved plans. Reference: Comm. 822.8 Intr. by: Ms. Kimball and Ms. Lee Loy Postponed: May 15, 2024 First Reading: June 5, 2024 Vote on Bill 152: Ms. Lee Loy moved to pass Bill 152, Draft 2, on second Draft 2 and final reading. Seconded by Mr. Inaba and carried by (Adopted) the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Page 48 Hawaii County Council-42 June 19,2024 Bill 153: AMENDS CHAPTER 4, ARTICLE 4, SECTION 4-4-26, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO ANIMALS Increases the penalties for a noisy dog violation from $25 to $50 for the first violation, $75 to $100 for the second violation, $100 to $200 for the third violation, and $200 to $400 for any subsequent violation. Reference: Comm. 823 Intr. by: Ms. Galimba First Reading: May 15, 2024 Postponed: June 5, 2024 (Note: There is a motion by Mr. Inaba, seconded by Ms. Lee Loy, to pass Bill 153 on second and final reading.) (Note: Comm. 823.5, from Council Member Michelle M. Galimba dated June 18, 2024, transmitting proposed amendments to Bill 153, was circulated.) CHR. KIMBALL: Council Member Galimba. MS. GALIMBA: Thank you. I want to thank my colleagues for their support so far. Motion to Amend: Ms. Galimba moved to amend Bill 153 with the contents of Comm. 823.5. Seconded by Ms. Kierkiewicz. CHR. KIMBALL: Council Member Galimba, on the amendment. MS. GALIMBA: So,just a simple amendment adding in a provision. With Bill 153, actually previous to (Bill) 153, the Code says that the person who has the noisy dog problem should attempt to contact the owner of the noisy dog before reaching out to enforcement agency; and recognizing, as my fellow Council Member brought up, that sometimes that could be a sketchy situation and safety could be a valid concern. Just adding in some language to give a little leeway there, "unless safety may be a factor" and I believe that's clear enough and good enough language to address that concern. CHR. KIMBALL: Thank you, Council Member Galimba. Vice Chair Inaba. MR. INABA: Yeah, I'm not in support of this. It says that they should make a reasonable attempt. If there's a wild dog and you can't get in there, but they made a reasonable attempt, then their part of the equation has been met. I think it's common sense, don't go in if it's not safe. So, I won't be in support. Thank you. CHR. KIMBALL: Thank you. Council Member Kagiwada. Page 49 Hawaii County Council-42 June 19,2024 MS. KAGIWADA: Thank you, and thanks to the maker. I will be supporting. The issue came up. I heard from someone saying that they weren't afraid of a dog getting them but they afraid of a potential retaliation that could be on a pretty severe scale if they did attempt to speak to their neighbor on this issue. So, I do think having some reasonable expectation that if you don't feel safe talking to your neighbor about this issue that you can still go ahead and make the request of Animal Control. Thank you so much for proposing this amendment. CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else? MR. KANEALI`I-KLEINFELDER: Chair? CHR. KIMBALL: Yes, Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I think the importance of the reasonable attempt is to create a track record of history that the Animal Control Police can use to reference when they respond to a situation. So, in creating this amendment, if someone does not make a reasonable attempt, it may lead to problems for the Police Department and/or Animal Control in helping to abate a situation that is problematic. I understand the reason given, and I appreciate the attempt to keep people safe. I heard Mr. Inaba and speaking to more of a redundancy or it's a given that you shouldn't do this if safety is a factor, but those reasonable attempts as listed, by letter, email, visit, or any other legal method, that legal method is going to be a requirement for Animal Control or Police in the future. You see that a lot in different instances, so I would suggest not putting that in there and leaving it up to the public to decide when they may or may not want to contact. That is my advice. I'll be voting against the amendment. CHR. KIMBALL: Thank you. Council Member Evans. MS. EVANS: I support the amendment. Why? It's because I got a phone call from someone who said if I go over and tell them that it's too noisy and that if they don't do something, I may have to take legal action, they felt that could escalate and trigger that person to harm them. So,they felt like if they called the police the police would say did you do your reasonable attempt? If they said no because the person is crazy, and if I go next door and tell them to stop, of course, I know he's going to say no. The reason I know that is because this is the grandson of the grandfather and the grandson is living with the grandfather and the grandfather is telling the neighbor I don't evenI'm feeling uncomfortable with my grandson. I don't want you to come over and talk to my grandson. He might flip if you're telling him to shut his dogs up. So, I can see there might be a situation where you can't make that attempt because it could escalate, and yet, I don't want the police to feel like if you didn't make Page 50 Hawaii County Council-42 June 19,2024 the attempt, I can't help you. So, I don't know. I just see the little tweak in the words might give in those situations. At least it's pretty clear that there maybe I feel unsafe to do it. For that reason, I support the amendment. CHR. KIMBALL: Thank you. Alright, Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. I appreciate you putting this forward, but I can't support the amendment. I mean it's pretty clear here, reasonable attempts that don't compromise your safety include mailing a letter, an email, that's very hands-off and non-confrontational and nowhere getting into the face of the owner of the animal. I have a larger question about reasonable attempt that I want to raise with Corp Counsel after we deal with the amendment. Thank you. CHR. KIMBALL: Alright, thank you. Vote on Motion to The motion to amend Bill 153 with the contents of Amend: Comm. 823.5 failed by the following roll call vote: Failed Ayes: Council Members Evans, Galimba, Kagiwada, and Chair Kimball —4. Noes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, and Lee Loy —4. Absent: Council Member Villegas — 1. Excused: None. CHR. KIMBALL: Back to the main motion. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I have a question for Corporation Counsel. Reasonable attempts for notification, in here it's stated letter, email, visit to the owner or any other legal method. I think about how a community has changed and the ways in which we communicate has changed. Would a text message or a message via a social media platform be considered a legal method? The reason why I ask is because I don't know how you would obtain your neighbor's email unless you ask them. Might be easy to find online, I'm not sure. Letters are simple because you can look on the real property tax record, but what in your mind constitutes a legal method of communication? I think it's really important for the documentation that those reasonable attempts to be made. So again, I'm just curious about if social media, text communication, are considered legal methods. (Note: At this time, Corporation Counsel Elizabeth Strance came forward to address the members of the Council.) MS. STRANCE: Elizabeth Strance, Corporation Counsel. It depends whether the context of the bill is formal legal notice. So, that has meaning in the law and depending on the context, there will be definitions of what constitutes "notice." If Page 51 Hawaii County Council-42 June 19,2024 the intention is to demonstrate some form of—basically putting the person on notice, then there would have to be some demonstration that the person has and received that kind of information. So, do they have an Instagram account that they haven't opened in the last five years? Things like that. So, the notice provisions become an issue if the person says they didn't receive the notice and there would be a need to show that they received it. For example, with email, you can set the mailing to show that it has been received and opened, for example. So, the problem with a social media platform would be if the person says, "Well, I never saw it" or something like that. Then there would be a factual issue of whether the person saw it. So, when you get into a reasonableness, those become issues of fact for a fact finder in a court proceeding. That's normally thought to be what an ordinary person in a similar circumstance have done and would they have read it or something like that. So, the general answer to your question is those could be acceptable forms assuming that the recipient is a user of those forms of communication and the person that authors the notice can demonstrate that they forwarded that notice to the person. So, mail is always easy because you can do a return receipt. MS. KIERKIEWICZ: But you can still reject a certified letter, correct? MS. STRANCE: Correct, but you'll get a piece of paper back saying "refused" or something like that. So, that's not an uncommon situation. So, the attempt to notify would be shown. If you would like, and if it hasn't been done, we could run the language by the Prosecutors' Office to see if they would have any concerns or suggestions about that language from an enforceability standpoint, if they've reviewed it and they're comfortable with it. They would be the group responsible for prosecuting a violation. MS. KIERKIEWICZ: Thank you, Judge Strance, I really appreciate your guidance here. This bill is not changing that section necessarily, it's changing things related to penalty amounts, fines. But I will take your advice and reach out to the Prosecuting Attorney's Office to see if those social media communications are acceptable. Only because now that—I'm assuming this is going to pass. I think it's important to communicate out to the public this sort of information that there are increased fines, but also giving them clear guidance on what acceptable methods of communication are so folks are aware. MS. STRANCE: I suppose if you want it to be really specific like that, you could enumerate in the bill the types of notice that would be acceptable. MS. KIERKIEWICZ: Thank you, Judge Strance. I yield CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else? Alright, seeing none, all those in favor of adopting Bill 153 please say "aye." Page 52 Hawaii County Council-42 June 19,2024 Vote on Bill 153: The motion to pass Bill 153 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Bill 162: 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 State Grants —Coconut Rhinoceros Beetle Grant account($200,000); and appropriates the same to the Coconut Rhinoceros Beetle Grant account, to control green waste, palms, and other "host material"to minimize breeding grounds of the Coconut Rhinoceros Beetle. Reference: Comm. 873 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: June 5, 2024 Vote on Bill 162: Mr. Kaneali`i-Kleinfelder moved to pass Bill 162 on (Adopted) second and final reading. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON BILL 168 The following individual registered to speak and came forward when called by (COMM. 893): the Chair: Hope Alohalani Cermelj: Comment. Page 53 Hawaii County Council-42 June 19,2024 Bill 168: INITIATES AN AMENDMENT TO ARTICLE V, CHAPTER 2, OF THE CHARTER OF THE COUNTY OF HAWAII(2022 EDITION), RELATING TO THE COST OF GOVERNMENT COMMISSION Proposes increasing the terms of members from 11 months to 22 months, expanding the deadline by which the commission submits its findings and recommendations from 11 months to 20 months after appointment, and that commission members would begin their terms 18 months after the beginning of the term of the mayor instead of one year after the beginning of the term of the mayor. Reference: Comm. 893 Intr. by: Ms. Kagiwada and Ms. Evans First Reading: June 5, 2024 2/3 Vote: Second of three required readings, Section 15-1(a), Hawai`i County Charter Motion to Approve: Ms. Kagiwada moved to pass Bill 168 on second reading. Seconded by Ms. Evans. CHR. KIMBALL: Council Member Kagiwada. MS. KAGIWADA: Thank you. We had really good discussion about this at our last reading of it; really good input from members, former members of the Cost of Government Commission. Just to answer the testifier who just testified, the reason for starting at 18 months is to kind of move the whole process a little bit further into the term in order then to have the reporting come at a time at the beginning of a new session. The problem was by starting a little earlier and ending a little earlier, the report was coming to County Council and Mayor that may or may not be on its way out and wouldn't have time to actually enact any of the recommendations. So, kind of shifted the whole thing a little bit in order to make it more relevant and have the ability for the Council and the Mayor to actually act upon any recommendations by the Commission. Thank you. CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else? Council Member Evans. MS. EVANS: Yes, to Council Member Kagiwada, I want to thank her for working and putting this forward with me. In addition to that comment about how we want to make sure there's enough time, number one, for the Cost of Government Commission because there's so much they have to look at. But I think getting it to the Council so that they can take action before the term of a sitting Mayor ends is a good thing. But I also like the idea of starting at 18 months because then when the Cost of Government Commission goes in, hopefully in that first year, the Mayor has been taking a lot of things into consideration and as a matter of fact, may have been implementing what the previous Cost of Government Commission has recommended. So, you're giving that Mayor an opportunity to stand up his administration and possibly Page 54 Hawaii County Council-42 June 19,2024 implementing thoughts from the previous one, and then they come in and really, they're evaluating the current administration. So, I think that's really good, that 18 months. I like that change also, so I ask for your support. Thank you. CHR. KIMBALL: Thank you, Council Member. Council Member Galimba. MS. GALIMBA: I just want to thank my fellow Council Members for this amendment. Really good work. Yeah, I heard from previous Cost of Government Commission members and they're very passionate about what they do and were very frustrated on the timing of it. So, thank you very much. CHR. KIMBALL: Thank you, Council Member. Anyone else? Alright, seeing no further comments, all those in favor of approving Bill 168 at second reading please say "aye." Vote on Bill 168: The motion to pass Bill 168 on second reading was carried (Adopted) by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON BILL 170 The following individual registered to speak and came forward when called by (COMM. 897): the Chair: Hope Alohalani Cermelj: In support. Bill 170: 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 State Grants —Hilo Waste to Wealth Economic Revitalization Program account($100,000); and appropriates the same to the Hilo Waste to Wealth Economic Revitalization Program account for the planning phase of the Waste-to Wealth project in Hilo. Reference: Comm. 897 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: June 5, 2024 Page 55 Hawaii County Council-42 June 19,2024 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 170 on second and final reading. Seconded by Mr. Inaba. CHR. KIMBALL: Any discussion on this item? MR. KANEALI`I-KLEINFELDER: Chair, I'd like to mention that Mr. Sako from Research and Development sent over a report of the 2023 Gorse Report to DHHL, and this is something that we had requested via the sister measure to this bill, the resolution. I just wanted to mahalo him, Mr. Sako, for providing this to us. It was helpful in just understanding where we stand with the project, what's been done, and to see where we're headed in the future and how this funding may be applied or not applied. So, I appreciate the substantial report and work done by Mr. Sako in this regard. Thank you. CHR. KIMBALL: Thank you, Council Member Kaneali`i-Kleinfelder. Any further discussion? I also want to thank Mr. Sako for providing all of that detailed information, very helpful. With that, all those in favor please say "aye." Vote on Bill 170: The motion to pass Bill 170 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON BILL 171 The following individual registered to speak and came forward when called by (COMM. 898): the Chair: Hope Alohalani Cermelj: Comment. Page 56 Hawaii County Council-42 June 19,2024 Bill 171: 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 State Grants —Used Tire Disposal Event account ($10,000); and appropriates the same to the Used Tire Disposal Event account to hold a free used tire collection and disposal event for Hawaii County residents with educational outreach associated with tire waste. Reference: Comm. 898 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: June 5, 2024 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 171 on second and final reading. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. This is an amazing opportunity and a nice collaboration with the State to address used tires in our community. Look forward to seeing the project come to fruition and what it does for our community and hope for everyone's support. Thank you. CHR. KIMBALL: Thank you, Council Member. Any further discussion? Seeing none, all those in favor please say "aye." Vote on Bill 171: The motion to pass Bill 171 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Page 57 Hawaii County Council-42 June 19,2024 Bill 172: 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 Real Property Tax Penalties account($1,500,000); and appropriates the same to the Transfer to Disaster/Emergency Fund account ($500,000) and Transfer to Public Access/Open Space Preservation Fund account ($1,000,000) to maintain compliance with County Charter mandated funding transfers due to excess revenue from real property tax penalties. Reference: Comm. 899 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) First Reading: June 5, 2024 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 172 on second and final reading. Seconded by Mr. Inaba. CHR. KIMBALL: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: No discussion. I look for everyone's support, and then would offer to the department, well done. We are in the last meeting of this fiscal year, and this does need to happen. Thank you. CHR. KIMBALL: Thank you. Alright, any further discussion? Seeing none, all those in favor please say "aye." Vote on Bill 172: The motion to pass Bill 172 on second and final reading (Adopted) was carried by the following voice vote: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, and Chair Kimball —8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. CHR. KIMBALL: Thank you for reminding us of the important date to recognize today. OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There were none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. Page 58 Hawaii County Council-42 June 19,2024 CHR. KIMBALL: Before we adjourn, I know Council Member Kaneali`i-Kleinfelder had a brief announcement. Council Member. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Just wanted to note for ourselves and for the public and recognize the importance of today, June 19th, otherwise known as Juneteenth. This is a very special day as the end of slavery finally came today in 1865, and I wanted to recognize that and have our body recognize that. So, mahalo for the opportunity, Council Chair Kimball, and just appreciate the time. Thank you. ADJOURN- There being no further business, Chair Kimball adjourned the meeting at MENT: 12:54 p.m. AUG Council Approval: 2 1 2024 COUNTY CLERK JH/jm Page 59