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HomeMy WebLinkAboutMIN GOEAC 2025/02/18 (2024-2026) DRAFT Committee on Governmental Operations and External Affairs 4th Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii February 18, 2025 CALL TO The regular meeting of the Committee on Governmental Operations and ORDER: External Affairs was called to order at 9:19 a.m., in the Council Chambers, Kailua-Kona, by Ms. Jenn Kagiwada, Chair. ROLL CALL: Present: Ms. Jenn Kagiwada, Chair Mr. Matt Kaneali`i-Kleinfelder, Vice Chair(came in later) Ms. Michelle M. Galimba, Member Mr. James E. Hustace, Member Mr. Holeka Goro Inaba,,Member Ms. Ashley L. Kierkiewicz, Member Ms. Heather L. Kimball, Member(via videoconference from Hilo) Mr. Dennis "Fresh" Onishi, Member Ms. Rebecca Villegas, Member STATEMENTS The Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by,the Chair-, Rose Bautista: Res. 74-25 (Comm. 125), comment. Cory Harden: Res. 74-25 (Comm. 125), comment Liza Ryan Gill: Res. 74-25 (Comm. 125), comment CHR. KAGIWADA: Thank you. Alright,please read in Communication 133. COMMUNI- The Chair directed the Committee to proceed to the next order of business, CATIONS: Communications. GOEAC-4 February 18,2025 Comm. 133: NOMINATION OF PHILIP "IPPY" AIONA TO THE WATER BOARD From Mayor C. Kimo Alameda, dated January 29, 2025, requesting the Council's review and confirmation. Requires Council Confirmation by: March 14, 2025 (Section 13-4(k), Hawaii County Charter) (Note: At this time, Executive Assistant to the Mayor Micah Alameda and the nominee came forward to address the members of the Committee.) Vote on Comm. 133: Mr. Inaba moved to recommend confirmation of the nomination (Approved) of Mr. Phillip "Ippy" Aiona to the Water Board. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Committee Members Galimba, Hustace, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Kagiwada—9. Noes: None. Absent: None. Excused: None. Mr.-Alameda provided a brief narrative of the nominee's background and experience. Committee Members spoke in favor of the appointment. Comm. 134: NOMINATION 017 BRIAN A. CUSHNIE TO THE FIRE COMMISSION _ From Mayor C. Kimo Alameda, dated January 29, 2025, requesting the Council's review and confirmation. Requires Council Confirmation by: March 14, 2025 (Section 13-4(k), Hawaii County Charter) (Note: At this time, Executive Assistant to the Mayor Micah Alameda and the nominee came forward to address the members of the Committee.) Page 2 GOEAC-4 February 18,2025 Vote on Comm. 134: Mr. Inaba moved to recommend confirmation of the renomination (Approved) of Mr. Brian A. Cushnie to the Fire Commission. Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Committee Members Galimba, Hustace, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Kagiwada—9. Noes: None. Absent: None. Excused: None. Mr. Alameda provided a brief narrative of the nominee's background and experience. Committee Members spoke in favor of the appointment. Comm. 135: NOMINATION OF DANIEL THOMAS TO THE MERIT APPEALS BOARD From Mayor C. Kimo Alameda, dated January 29,2025, requesting the Council's review and confirmation. Requires Council Confirmation by: March 14, 2025 (Section 13-4(k), Hawai`iounty Charter) (Note: At this time, Executive"Assistant to the Mayor Micah Alameda and,the nominee came forward to address the members of the Committee.) Vote on Comm. 135: Mr. Inaba moved to recommend confirmation of the nomination (Approved) of Mr. Daniel Thomas to the Merit Appeals Board. Seconded by Mr. Hustace and,carried by the following voice vote: Ayes: Committee Members Galimba, Hustace, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Kagiwada—9. Noes: None. Absent: None. Excused: None. Mr. Alameda provided a brief narrative of the nominee's background and experience. Committee Members spoke in favor of the appointment. Page 3 GOEAC-4 February 18,2025 Comm. 136: NOMINATION OF CHRIS K. TOAFILI TO THE LEEWARD PLANNING COMMISSION From Mayor C. Kimo Alameda, dated January 29, 2025, requesting the Council's review and confirmation. Requires Council Confirmation by: March 14, 2025 (Section 134(k), Hawaii County Charter) (Note: At this time, Executive Assistant'tri the Mayor Micah Alameda and the nominee came forward to address the members of the Committee.) Motion to Approve: Mr. Inaba moved to recommend confirmation of the nomination of Mr. Chris K. Toafili to the Leeward Planning Commission: Seconded by Mr. Hustace CHR. KAGIWADA: Thank you. Mr. Alameda,please take it away. MR. ALAMEDA: On behalf of Mayor Alameda, it,is my honor to present Communication 136, nominating Christopher K. Toafili to the Leeward Planning Commission representing the North Kenna Judicial District for a five-year term to expire on December 31, 2029. Mr, Toafili is replacing Ms. Mahina Paishon-Duarte. Mr. Toafili'was born in Honolulu. He moved to Hawaii Island, to Kohala in 1997. From there he fell in love with his forever home. He knew that this was the place where he would,die. He graduated'from Konawaena High School in 1997. Shortly after that he was blessed to be employed by the County of Hawaii. In 1999, he worked in Highways Division for almost 20 years and left under the guidance of Neil Azevedo. And we all know Neil Azevedo. To work Highways under Neil Azevedo, you've got to be a particular type of hammer. When he was in Highways, he noticed one thing. He started training workers to become CDL (Commercial Driver License) Drivers, right, to get their CDL. And e realized there's this void, not just in County but in the community for CDL Drivers. So, he took the big risk. Left the County and went and created the Hawaii CDL and Safety Programs. Today, we're so blessed, about 180 people have gone through the program and successfully gotten their CDL. So, Mr. Toafili was able to see a need, step up; put things in motion and try his best, and he's doing it today to create a future workforce of CDL drivers. Page 4 GOEAC-4 February 18,2025 We know what truck drivers are to this country, more so to our 4,028-square mile island. So, we'd like to mahalo Mr. Toafili. I'll end with saying this, in my conversations with the Planning Department's staff, there is one area where they constantly advocate for when it comes to commissioners, diversity. You folks know it. You know better than most. Diversity is what the Planning Department needs. Not only when it comes to CDP (Community Development Plan) Action Committees. But particularly, on the Leeward and Windward Planning Commissions. So, I said wait, Mahina Paishon-Duarte is like one of the only Polynesians on the Leeward Commission? And they're like, "Yah, we nee a Polynesian, and Micah, we need more than a Polynesian obviously." But yes, we do need diversity. We need representation on the Leeward Planning;Conmission as,a half-Samoan, as a half-Hawaiian. We are so happy to support Chris Toafili's nomination to the Leeward Planning Commission replacing the legendary; another`polynesian, another kanaka `oiwi, Ms. Mahina Paishon-Duarte. Madame Chair, back to you. CHR. KAGIWADA: Thank you. And before I turn it over to Mr. Toafili, I just wanted to ask you, Mr. Alameda, is Mr. Toafili fulfilling any of the besides filling a really good diversity, any of the other specific niches or skills that we're looking for and specially called out in'the Code now? MR. ALAMEDA: Yes, so one area,,he pledges to show up. I know there's some Leeward Planning Commissioners who do'not,,8how up. You can take a look at the atendance lag. I said two weeks ago, 19 meetings in 2024, one of the commissioners only showed up four times. So, he's pledging to show up. That's an amazing start. As far as his diversity, he's a local boy, born and raised; is the only other bill we still needs to fit into. CHR. KAGIWADA: Thank you. I just wanted to know because we do have those now, those criteria that we try to fulfil. Thank you so much. Mr. Toafili,please, would you like to say a few words? MR. TOAFILL I'd like to thank you guys for the opportunity, from North Kohala all the way to South Kona. I've known a lot of families living in Kohala and Kona at the same time. So, you know, at this time, I just feel like being a voice for the people who can't make it to these meetings, so they feel safe talking with me. So, Fm,going to make sure I can convey what they're voices would do for the Planning Commission. CHR KAGIWADA: Thank you so much. Council Members, opening it up to people on the dais here. Council Member Kaneali`i-Kleinfelder, the floor is yours. MR. KANEALI`I-KLEINFELDER: Good morning, Sir. Did you work with Neil? Page 5 GOEAC-4 February 18,2025 If you worked with Neil and you worked under him for that many years, you've got my vote. I look forward to seeing what you do, and lean on us if you need anything. And I'll be supporting your nomination today. MR. TOAFILL Thank you. MR. KANEALI`I-KLEINFELDER: Thank you. CHR. KAGIWADA: Thank you so much, Council Member. Council Member Hustace. MR. HUSTACE: Thank you, Chair. Thank you, Mr. Alameda, Mr. Toafili. There must be something in the water today, because you've broughtforward two appointees; two nominees from the Kohala district that both have run for Council. So, we definitely have a sense in the Kohala community about serving our community, giving back. So, I'm grateful, Mr. Toafili for you being here and wanting to sit on the Leeward Planning Commission. It is one of those commissions where we've had some quorum challenges. So, I'm grateful to hear that your Commitment to sitting on there and to actively participate in the conversations. And looking over your resume a little bit, you know, there's opportunity for all of us to grow and learn in some of these roles. But your perspective coming from the County, I think will provide some insight on the planning s'ide. Especially,working with Public Works, and opportunity to grow there and provide some insight. So, thank you. I'm in full support. Thank you for being here. Aloha. CHR KA61WADA: Thank you so much for being here and being willing to serve your community. I justwanted to ask about your land planning experience, or your views around,landplanning for our island. MR. TOAFILL I think for my views based off of community based, and I just want to make sure that the public is being heard, too, with the General Plan. There's a lot of voices that have spoken up. And you know, I just want to follow, because District 9 itself is you know, there's three real districts in District 9 itself. So, different needs, so is Kona town and South Kona. The plan is to listen, you know, and make sure the families are being heard. And try to build a connection that's missing from the General Plan to the public. There's a lot of testimony about it, and that's one of the main things that I'm going to follow through with. Listening to the public. MS. GALIMBA: Thanks. That's wonderful. So,you brought up some of the testimony that we've been having. A lot of it has been coming from a particular Page 6 GOEAC-4 February 18,2025 point of view, and I just wondered what your thoughts are on that massive testimony that we've been getting about the General Plan to the Planning Commissions. MR. TOAFILL I guess, it just seems like it's moving, but it just seems like there's no feeling within the General Plan. There is a lot of vague situations that they want to go about doing. And just watching some of the testimonies, it's been kind of heartbreaking to where it feels like they're not being heard. --So, that's where I'm at right now. MS. GALIMBA: Okay, what parts do you feel that they're not being heard. Like what elements of it? MR. TOAFILL Some of those zoning changes. And I think a left of the people want more clarification. They want more education on the General Plan. It just seems likeI understand there's a deadline, but there's people that live in these communities. And a lot of them were saying that they need more time and more education. MS. GALIMBA: Okays thanks very much. Have you built a house or a business or something like that where you Would get some hands-on planning experience? MR. TOAFILL Yes, I have. Hawaiian Homes is one of the hardest to build as well. Knowing that the Building department,has no jurisdiction within Hawaiian Homes""it justmakes it harder for locals too. It depends on the zoning areas in Hawaiian homes, because a lot of it in Kawaihae and Kailapa where I built, it was zoned as Ag, and it was hard to get it to Residential.I So,we had to go through that process. Just knowing that the process was last on the list with Planning because they told me that we have no jurisdiction in'Hawaiian Hermes. So, these are the nuances, and just the struggles that people don't understand the lines of State, County, and different entitiesI guess putting all those together so where people can learn better. More information, because it just makes it harder for families to build their own homes. M : GALIMBA: Okay, thank you very much, and I'll yield for now. Thanks. CHR. KAGIWADA: Thank you, Council Member Galimba. Council Member Villegas. MS. VILLEGAS: Sure. Aloha, thank you for being here and sitting in the hot seat. And I say that most specifically, because the Leeward Planning Commission is one Page 7 GOEAC-4 February 18,2025 of the most powerful and important commissions in our County Government. I mean, the Water Board, water is important; appeals, you know, different things. But the Leeward Planning Commission requires a level of expertise and experience in land management and planning. I really appreciate what you said, Micah, about issues of quorum. But I want to also point out historically, there are issues with skewed placements of people on the Leeward Planning Commission that tend to be union dominant, real estate agent dominant, and developer dominant. So, it's something. I represent District 7, which is probably the most urban core on the Big Island. And we've really struggled with some of those things. And the opportunity of the Administration to nominate people to serve on these boards and commissions have long-lasting repercussions in what happens in our communities and what developments are greenlighted. We get told a lot of times sitting here, thatwell, Leeward Planning Commission gave it a positive recommendation; Planning gave it a positive recommendation. So, that's the reason for us to give it a positive recommendation. And unfortunately, then we hear from Leeward Planning Commission or Planning, "Oh, well, we'll just send it through to Council, and thenthey have to make the decision." So, quite frankly, being complacent, we end up with things going through and not getting the level of scrutiny. Greatappred tion for you and your ohana. I`will honestly say, it's also something more challenging to sit here andvet your nomination when your wife, you know, works for the Administration. So,that's just something hard on us as we sit here, and we're supposed,to have relationships and connectivity in our value systems. But it also puts me honestly in a bit of a pickle, because I have a lot of really serious concerns about the validity of the people showing up to the General Plan meetings.„Climate change deniers; conspiracy theorists. Like it has gone radically off the deep end. Ina time when, I'm sorry, but climate change is not deniable anymore. And it's ironic to me that it's people with those claims that are causing the most yoo-hoo. When I look at the demographic of those humans, most of them are not from here. Most,of them are transplants themselves. And if anything, the push for a more legally-binding General Plan that would require all of our land use decisions to be made based on the science and facts of climate change. So, my grandson is not left carrying the bag for what's already been estimated, and this was five years ago, that the effects of climate change in this County alone are just shy of half-a-billion dollars just to move our infrastructure from the coastlines. And that does not include airports, harbors, ports, rain bombs, hurricanes, flooding. Page 8 GOEAC-4 February 18,2025 Our flooding corridors are currently, I mean, if you're confirmed, you're going to have to make decisions about a major project that they want a zoning change that resides in a stream. It resides in a water corridor, the waterways from Mauna Kea. So, I know I sound intense here, but I do this to everyone for Leeward Planning Commission because it's pivotal. And the decisions that get made there, I would encourage you—make sure. You can hear without validating. And you can hear somebody. I think you're a dad, yeah, you got keiki. Yeah, right, you can hear your kids. It'll be like, no, you just don't even know that you don't know, right? So, sometimes that's the answer. I personally am looking for leadership, determination, and the courage to say no. If it's not the highest best use, it must do more good than harm„ And if that is not balanced, and it does more harm than good, then a`ole pilikia on that one. So, thanks, I'll get off my soapbox, I yield. CHR. KAGIWADA: Thanks Council Member Villegas. Anyone else? Council Member Inaba. MR. INABA: Thank you. I had an opportunity to discuss and meet with Mr. Toafili. There is a lot coming down the pipeline, and you know, my offer to continue to be of assistance to you inthis new role, should you be confirmed, stands. I think Council Member Villegas is right on point with regards to the difficulties we're facing, and sometimes the difficulties are saying, no. So, with that I'll continue to offer any kokua that I can and my office can to you. Mahalo. CHR. KAGIWAI)A: Thank you,Council Member Inaba. Anybody else? Okay. Alright,thank you so much for stepping up. Appreciate that, and I'm sorry if I brought up the other concern, MR. ALAMEDA,* I know what you mean. He is not a member of any political party- CHR KAGIWADA: No, that wasn't it. But sorry, we had a discussion. I thought we passed something. Maybe we didn't pass it, or we had certain knowledge, criteria we wanted to for different people on there. Okay, never mind, we had discussions about it. So, sorry if that was confusing. Thank you for stepping up. We will take the vote now. Unless there are any other lights. No? Did you want to follow-up? Okay, we'll be doing a roll call for this. Thank you. Page 9 GOEAC-4 February 18,2025 Vote on Comm. 136: The motion to recommend confirmation of the nomination of (Approved) Mr. Chris K. Toafili to the Leeward Planning Commission was carried by the following roll call vote: Ayes: Committee Members Hustace, Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, and Villegas —6. Noes: Committee Members Galimba, Kimball, and Chair Kagiwada—3. Absent: None. Excused: None. CHR. KAGIWADA: Thank you. Mr. Toafili, we'll be hearing this next in full Council. Comm. 137: NOMINATION OF BRUCE HEIDENFELDT TO>THE BANYAN DRIVE HAWAI`I REDEVELOPMENT AGENCY From Mayor C. Kimo Alameda, dated January 29, 2025, requesting the Council's review and confirmation. (Note: At this time, Executive Assistant to the Mayor Micah Alameda and the nominee came forward to,address the members of the Committee.) Motion to Approve: Ms. IKierkiewicz moved to confirmation of the nomination of of Mr. Bruce Heidenfeldt to the Banyan Drive Hawaii Redevelopment Agency: Seconded by Mr;Hustace. CHR KAGIWADA: Mr. Alameda, please introduce your nominee. MR ALAMEDA,, Mahalo, Madame Chair. On behalf of Mayor Alameda, it is my donor to present Communication 137, nominating Bruce Heidenfeldt to the Banyan Drive Hawaii Redevelopment Agency. Mr. Heidenfeldt is fulfilling an already vacant seat. If confirmed, he will serve a four-year term to expire on May 31, 2028. Mr,Heidenfeldt was born in Honolulu in 1950. He moved to Hawaii Island in the early 70's where Banyan Drive, believe it or not, was one of the first places that he acquainted himself it. It was called the Banyan Drive Travel Lodge Hotel back then. He's been on Hawaii Island ever since. He has seen the state of the Waiakea Peninsula from the 70's all the way till today. Believe it or not, he has been Page 10 GOEAC-4 February 18,2025 engaged in the Banyan Drive Hawaii Redevelopment Agency meetings back in 2016 when former Chair, Mr. Brian Delima was involved. These are discussions that we've had. More importantly, Mr. Heidenfeldt is a resident of Banyan Drive. He lives down there. We drive Banyan Drive, and I tell myself, man, look at this place. Shame that we let this happen. And then we get guys like Bruce Heidenfeldt who lives down there. And,then when Bruce came forward and said, "I like serve." It was a no-bramer. We absolutely need more people with personal experiences with personal stakes with not just the short-term, but the long-term future of the Waiakea Peninsula. For those reasons, Madame Char, we are proud to nominate Mr. Bruce Heidenfeldt to the Banyan Drive Hawaii Redevelopment;Agency. CHR. KAGIWADA: Thank you very much, Mr. Alameda. Mr. Heidenfeldt, would you like to say a few words? MR. HEIDENFELDT: Yes, Ma'am. Good,morning everybody. Aloha, Kakahiaka. I first experienced Banyan Drive back in 1971. I was working at Kona Surf Hotel. I spent'a weekend here at the Country Club, and I paid $33 a night. And back then, that's a lot of money. From that time on, I got employed with C. Brewer Company. I retired there in 2009 as Operational Superintendent. In 1992 I joined the Hawaii Police Department as 4,reserve officer not getting paid, not a red penny. I was 42-years-old,`oldest in the class. We started with 24; we graduated with 12. And ended up with seven after the FTO (Field Training Officer)training. At 45, I decided it was really rediculous. So, I asked my captain if I could go to the repel class. He say's, "No, you're too old." I said that's descrimination. So, I got in there, and I went to the National Park; trained for two weeks and got on board and I didthree repel missions. And lunch was delicious. I worked for lunch. So, anyway, all the other guys were paid. I was getting not one red dime. So, for 22 years, I dicthis for the community. My life changed completely. Then, I went to Mauna Kea as a Mauna Kea Ranger Supervisor. And my boss was a former Fire Chief, and we couldn't get along. So, I left there in 2018 and two clays later got a phone call from a private security group in Honolulu. He wanted me to train people on how to do training because they had to bring up equipment for the TNT (Thirty Meter Telescope)project. And I said, "Sure, I'll do it." So, I knew it wasn't going to happen because of the protestors and whatnot. I met families that wants it; families that don't want it. Friends that want it and friends that don't want it. It's a two-way street. So, anyway, we got the egiupment up. And my niece Chelsea, she's a policemn in Waimea. She said, it's Page 11 GOEAC-4 February 18,2025 not going to happen. So, we parked the equipment on the side of the road, and we had two weeks to babysit it in Pohakuloa. And it was very fulfilling. Parked equipment. It was okay. Going back to Banyan Drive. My uncle owns Reeds Bay Hotel, and he's been trying for the longest time, he's 95-years-old. He's stubborn as an ox. He does all the books till today. This guy is very smart, and I'm married to his niece. And my uncle Don is related to Senator Dan K. Inouye, which I met back in 1965 in Washington, because my dad helped him move ahead in his political career. So, putting things all together, and now, I'm on Banyan'Drive, living there and seeing things that I didn't see before. We've got so much homeless there, and so, I called Mr. Alameda, Kimo, to help me;get rid of"the homeless. In a week's time, no homeless—was all gone. Except for one person. He parks at'riight. So, I go across the street and knock on the window and tell him you're on private property. That's what I told him. I'm not afraid of anybody. I just tell him that: At my uncles hotel, he had drug attics. Sep,there's drug attics sleeping there. So, I got them all out by working with the Police Lepartment. And the Captain and I were working together, okay. So, now on Banyan Drive when my uncle went to these meetings, and he said he had $3.7 million to make changes to the hotel to put an elevator;put A/C (Aircondition,ing), and also build"a restauranton top. Soy DLNR (Department of Land and Natural Resources) gave my uncle a month-to-month lease, which is totally ridiculous. So, I feel that DLNR should be out of there andthe County take over the lease and all. That's how I feel. CHR. KAGIWADA: Thank you, Mr. Heidenfeldt. You obviously have quite a bit of 'experience with,the whole peninsula area in lots of different ways. Appreciate it. Council Member Onishi, would you like to make comments? MR. ONISHL Yes,I got to talk with Bruce, and you know, it's really good that you have someone that's especially living in that area and seeing all that's happening down there. As you mentioned, about the homeless and everything. We've been always trying to get them all out, right? Out of there, because you know, you don't want to mix tourism and the homeless. And you don't want to give the tourist that bad feeling of you know, that environment. So, I like that idea of how maybe the County should be taking over. But the thing is I look at, if the County will be able to have the personnel to manage it, right? And so, right now with the Legislature, they're trying to transfer the Page 12 GOEAC-4 February 18,2025 responsibilities to the Hawaii Development Corporation, which I think would be the most ideal. Because that's their job. That's what they do for the State. Then also, in regards to your uncle, and I mentioned that I feel there's a personality conflict. It's the department with your uncle and the land management people that don't want to work with your uncle, and I don't know why, right? And like you said, he's willing to invest, which that is part of the criteria needed to invest in order to get your longer lease. And to give him month-try-month, it's unbelievable. Just to say about his uncle, too. He did create this, like,a Banyan Drive nonprofit group. So, he wants to help preserve all the Banyan trees over there to make sure that they're healthy; they're trimmed back and so forth. Arid the ones that are hazardous to the community, they want to get,it cut down and so forth. But they also have been getting, not roadblocks, but delays on the County,side to get some of these trees removed. And so,I'm hoping and look forward to working with you; with the authority or agency. Like I told you, Mr. Jim McCully, he's a go-getter. So, that's perfect, you know, with you joining that team, and we can move things forward. So, thank you very much for volunteering. CHR. KAGIWADA: Thank you, Council Member.', Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Aloha, Mr. Heidenfeldt. Thank you for introducing yourself to me earlier. Bruce mentioned that he knew my uncle, the late Paul Kierkiewicz. He owns Mauna Kea Ergonomics of Kaiwiki Road. Back in the `10s and `80s,when growing,ginger and kalo and exporting to Asian countries was quite a thing: So,thank you for reminiscing with me there. I was curious if you could share With us a little overview of what your vision is for Banyan Drive. MR. HEIDENFELDT: My vision? Okay, here we go. MS. KIEkKIEWICZ: I'm ready. MR. HEIDENFELDT: Okay, you're ready. So, maybe this is for the kids growing up. I want to see something like food trucks where because it's an open lot right now; want to get it all cleaned up. That's Uncle Billy's. Pay the County so much money, a fee for being there for a weekend or for a month. And the next thing I was thinking about is probably like a Hawaiian Cultural Center. I don't know if you remember this. Back in Honolulu, we had this thing called the Kodak Show. The Kodak Show is when the halaus would come up and they would dance for the tourists. We don't have that on Banyan Drive. Nothing. All Page 13 GOEAC-4 February 18,2025 we have is the Merry Monarch. That's all we have. So, why can't we have like a biweekly or weekly thing. Get rid of the golf course. I don't see anybody playing golf on it. You guys play golf out there? Matt, you play golf out there? It's just a vast wasted land. And then we can put all these entities our there for the kids. That's what I want to see. MS. KIERKIEWICZ: Thank you for sharing that. I'm a born and raised Hilo girl and remember Sunday brunches at Naniloa. My prom was in the Kilohana Room, 10'h floor of the Naniloa Hotel. It used to be such a Vibrant place for not just for tourists. For me, it's more important that we are creating a„place that supports and builds community. So, I appreciate your ideas of how we can support more small businesses, local economy. But then also think about ways that we can elevate culture. I love the idea of building some kind of convention or cultural center on the golf course, so we can properly house Merry Monarch. And in the in-between periods, making sure that there are spaces for halau and others to come and showcase their talent and our local heritage. So, we can definitely agree on that. Council Member Onishi mentioned legislation that's going through the State right now, HB (House Bill) 81 9 is a bill that would transfer land in the Waiakea peninsula area over to HCDA, Hawai`i'Community Development Authority. I encourage y'ou to stay engaged in those conversations and submit testimony. It is a numbers game. They count how many organizations and individuals are submitting testimony. So, set up a notification and make sure you are testifying in support,of that measure. It is going to be a year-long process to transfer those lands in an amicable manner from DLNR over to HCDA. Butwhat I appreciate about the legislation, is the elevating local voice and making sure Hawaii Island residents are able to direct what happens on the peninsula that is not being architected by interests that are not of this particular island. So, I want to make sure you're aware of that legislation and tracking it. The other thing I'll share is, in January 2024 PBR(Performance-Based Regulation) Hawaii produced a study, the Waiakea Peninsula Site Assessment and Strategic Market Outlook for DLNR and HCDA. It's about 124 pages but it's a good read where it starts to evaluate some of the ideas that we were talking about earlier, the vision for Banyan Drive. I highly encourage taking a look at that. That is going to be frame of reference for you when you start to engage in conversations with other agency members. I stand here to be a resource as the Chair of the Planning Committee on Planning, Land Use and Economic Development. But more so because I'm a Big Island girl. Page 14 GOEAC-4 February 18,2025 There is so much potential in Banyan Drive. I think it's the crown jewel for us to do things the right way to create more open space that also have the right kind of economic industries in that particular area. So, here to support you. Thank you for stepping up to serve. I will be supporting you. I yield Chair. CHR. KAGIWADA: Thank you, Council Member Kierkiewicz. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I have a couple questions, but I have to ask Corporation Counsel one question.',Renee, can you come up please. Renee and I had the pleasure of sitting in traffic this morning on the upper road in Kona. It was wonderful. (Note: At this time, Corporation Counsel Renee Schoen, - - came forward to address the members of the Committee.)' MS. SCHOEN: Good morning, Renee Schoen, Corporation Counsel. MR. KANEALI`I-KLEINFELDER: Thank you, Renee. So, it was stated before, Mr. Heidenfeldt lives in the Waiakea Peninsula area, and his uncle owns a hotel in the area. And he's seeking an appointment on the Redevelopment Agency Commission. Is that a conflict of interest? MS. SCHOEN: I think I wouldeed more information. First of all whehter or not he's confirmed; And assuming that he is, the type of actions that the board will have on its agenda to review. So, it could be that they would be considering things that would not have anything to (o with the partiular hotel. But not sure right now, sitting Mere telling you, absolutely yes, it sounds like a conflict. MR. KANEALI`I-KLEINFELDER: Okay. I listened to what was said, and it's froim,my viewpoint of the Ethics Code that we all stand by. And not knowing enough about the Redevelopment Agency itself, but given that he lives there, and he has family that owns a business there, that could be a potential issue that needs to be looked at. MS. SCHOEN: It could be a potential issue if he's taken action over something for which he has some kind of interest or substantial financial interest. Our office can,certainly work with him to appear before the Ethics Committee and disclose those matters, if that's something that the Council is asking today. MR. KANEALI`I-KLEINFELDER: Please look into it for me. I don't want to put him in a bad situation, unknowingly, that he's making decisions on things that benefit potentially his own family or himself. That is basically the Ethics Code. So, please look into that if you can? Page 15 GOEAC-4 February 18,2025 MS. SCHOEN: Sure. MR. KANEALI`I-KLEINFELDER: Thank you. And Bruce, can I call you Bruce? MR. HEIDENFELDT: Sure. MR. KANEALI`I-KLEINFELDER: I don't play golf there, but I have a lot of friends who do. And over the years, I've seen some vitality brought into the area. My wife and I help K.T. Cannon Eger do the Christmas lights in the Garden every year. And there's a potential in that peninsula to be something exquisite for the community from Lili`uokalani Gardens to the Hotel row there's a lot to be done there. I do have some concerns given Ms. Acasio's statement at the lastmeeting we had about some of the hearings regarding file peninsula. In that, they actually think that area will be under water in "x" amount of years, given climate change and rising sea levels. That was a very interesting;comment, and that definitely needs to be thought about when decision making for the area. But I would like to see someone with experience of the area. MR. HEIDENFELDT: That was back,in 2016, they found that. That's 10 years ago. After 11 years, the tide did noteven,come up. The only time the water comes up there is when we have high surf on the East Shores. The water comes up but doesn'tcome onto the building. It just hits the wall and goes back out again. Because along the ocean on the North side, we've got a long trench that drains the water from Banyan Drive right out to my back door. MR. KANEALI`I-K' LEINFELDER: I think your experience will serve you well if you get on to the commission, and it's needed. MR. HEIDENFELDT: But I'm not looking for anything for myself, okay, I'm looking out for the Banyan Drive peninsula. District 3, the whole thing is for the kids, not for my uncle or for the hotel. Don't get me wrong. MR. KANEALI`I-KLEINFELDER: That's a question I do have to ask, though. e don't want you to be in a bad spot or the Administration who put you in this seat to be in a bad spot. It's important that we ask these kinds of questions to make sure. I ask the same things of myself, or anyone who's up here or is working with the Administration. MR. HEIDENFELDT: I understand. MR. KANEALI`I-KLEINFELDER: My last question for you. Sorry, I had it in the back of my head. What was I going to ask you? Page 16 GOEAC-4 February 18,2025 MR. HEIDENFELDT: Must not be important. MR. KANEALI`I-KLEINFELDER: No, it was important. CHR. KAGIWADA: Council Member Kaneali`i-Kleinfelder, we will be hearing this again, regardless of what happens and will be forwarded to Council. Please, we're running behind time. So, thank you. MR. KANEALI`I-KLEINFELDER: Thank you. Okay, what are your thoughts on gaming within the Waiakea peninsula area? And there79 been discussion about this at the State level, County level, about-doing gaming within the Waiakea peninsula area. Like gambling. MR. HEIDENFELDT: You're talking to a formal policeman. MR. KANEALI`I-KLEINFELDER: Okay,just interesting. Because it's been kicked around a little bit. MR. HEIDENFELDT: No gambling. MR. KANEALI`I-KLEINVELDER: Thank you. Thank you, Chair. CHR. KA+GIWADA: Thank you. Back to you for a second time, but please, Council Member Onishi, let's try to keep on track here. MR. ONISHL Thank you, Madame Chair. So basically, okay, Micah you can correct,me if I'm wrong. So, this is the Banyan Drive Redevelopment Agency, right? It's just'an agency where they're going to give their vision to DLNR of what they would like to see in that area, correct? MR. ALAMEDA: Yeah, it's an agency that will advise the Mayor, Planning Director and Council on all matters concerning Planning, Land Use, etcetera in planning Banyan Drive. MR. ONI HI: Okay, thank you. And right now, Banyan Drive is under the State. o, it's just this agency giving recommendations of what the County would look at and,what they would like to see in the future. The other thing is, Mayor Alameda at the meeting with the Agency brought up about the lighting, which is great. And he wants to see that whole Banyan Drive lighted up Christmas time. So, they really have a vision on what they want to do. But they also need to have where, like I brought back about the trees again. Page 17 GOEAC-4 February 18,2025 So, they need to be looked at to make sure that those Banyan trees are nice and healthy. And if there's any trees that need to be trimmed back or need to be, you know, removed, then that's what they've got to look at, right? So, Council Member, I think most of you folks were on here where there was Director of Planning, Michael Yee. And he had suggested for the State and Planning no, he had suggested that there needed to be an EIS (Environmental Impact Study) done, right? And the State was supposed,to put up $500,000, and this Council was supposed to put up $500,000. But'it was never done. So, that was the study to see what is the best use in that whole area. CHR. KAGIWADA: Okay, Council Member, I think we're getting off a little on this nomination. MR. ONISHL But I just have to clarify because of what was said earlier. So, I just wanted to make sure that everybody„still understands what was hisvision of that whole area. And so, now we're depending on this agency to help us out, right? And so, I feel that you'll be doing the best that you can in looking out for the whole community. So, thank you. MR. HEIDENFELDT: One more thing regarding the lights, okay. My uncle asked for lights to light the parking lot. So, we went to the County, and the County electrician told us because of Mauna Kea Observatories, we cannot put lights on Banyan Drive. That's why our lights are so dim. It's because of Mauna Kea observatories. CHR. KAGIWAI)A: Mr. Heidenfeldt, I think we need to wrap up. It sounds like you have lots of ideas that you can'discuss. And I think we need to go ahead and move on. Thank you so much; Anybody who hasn't had a chance to speak? Yes, Council Member Inaba. MR. ABA: Prior to our next hearing, I'm just going to ask that Corporation Counsel revisit the State statutes regarding this body and make sure we're still in compliance with all of the statutes we need to be to be operational. Thank you. CHR KAGIWADA: Thank you, Council Member. Alright, with that, I just wanted to mention. You mentioned, I think, one of the organizations your uncle may have started, was that the Friends of Banyan Drive? Okay, great. There's also the East Hawaii Outdoor Circle Group. The trees are obviously what the whole peninsula is named after and very important to everybody. So, I know there's lots of groups you can work with once you get on. Thank you so much. Roll call vote,please. Page 18 GOEAC-4 February 18,2025 Vote on Comm. 137: The motion to recommend confirmation of the nomination (Approved) of Mr. Bruce Heidenfeldtto the Banyan Drive Hawaii Redevelopment Agency was carried by the following roll call vote: Ayes: Committee Members Galimba, Hustace, Inaba, Kierkiewicz, Kimball, Onishi, and Chair Kagiwada—7. Noes: Committee Members Kaneali`i-Kleinfelder and Villegas —2. Absent: None. Excused: None. (Note: Ms. Galimba voted "kdnalua"then "aye.") CHR. KAGIWADA: Thank you very much, and thank you very much, Mr. Heidenfeldt. And thank you, Mr. Alameda. We'll go to our last item on our agenda, Resolution 74-25, please. ORDER OF The Chair directed the Committee to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. STATEMENTS The Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items,' PUBLIC ON RES. 74-25: The following individuals registered to speak and came forward when called by the Chair: Patti Cook; In opposition. Sandy Ma: Comment. Res. 74-2 : AUTHORIZES THE,MAYOR TO ENTER INTO INTERGOVERNMENTAL AGREEMENTS WITH FEDERAL AND STATE PARTNERS TO SUPPORT THEIR CONTINUED COOPERATION WITH THE HAWAI`I POLICE DEPARTMENT (HPD) FOR THE SAFETY OF THE COUNTY OF HAWAI`I Authorizes the Police Department to enter into two agreements with the Department of Homeland Security relating to immigration and customs enforcement and one agreement with the Federal Bureau of Investigations (FBI) relating to the Safe Streets Task Force. Reference: Comm. 125 Intr. by: Council Member Kagiwada(B/R) Page 19 GOEAC-4 February 18,2025 (Note: Comms. 125.1 and 125.2 from Council Member Jenn Kagiwada dated February 13, 2025, transmitting MOUs (Memorandums of Understanding)relating to Res. 74-25, were circulated.) Motion to Approve: Mr. Inaba moved to recommend adoption of Res. 74-25. Seconded by Ms. Galimba. CHR. KAGIWADA: Thank you very much to the testifiers. And thank you for being here. We have Assistant Chief Bird here; we also I believe have DCC (Deputy Corporation Counsel) Suzanna Tiapula on Zoom perhaps as Corporation Counsel that's working with HPD. So, you heard what the testifiers said; you've;brought this forward. Could you explain to us about these MOUs please, AC (Assistant Chief) Bird_ (Note: At this time, Hawaii Police Department Assistant Chief` Sherry Bird, came forward to address the members of the Committee.) MS. BIRD: Sure. Sherry Bird, Assistant Chief with Hawaii Police Department Administration. Thank you, Chair and Council Members. The Hawaii Police Department, I can assure you,we understand the concerns that the community is bringing up. I just want to point out these MOUs that are being brought forward, they've been in place many years already, and this processthatwe're going through is more to formulize. We're going through an annual process of renewal of these MOUs. From the Police Department's standpoint, we do enforce the laws, but I can assure you that we d'o not'practicc bias-based policing. We have to have a reason to contact somebody, a reason that's articulable. Something that maybe somebody reported a crime is happening or is afoot, or you know, we're investigating something criminal that is happening. Again, we don't contact people based on their race ethnicity,nationality, and immigration status. Then, speaking on, you know, working with our Federal partners, we as a local Police Department, we're limited in our resources at times, and we often work with our Federal partners. They have more resources. You know, more sticking points as far as penalties and prosecutions involved with certain crimes. We do also work with Homeland Security Investigations (HSI) not on immigration stuff, but things like cybersecurity, drug trafficking offenses, felons that are committing more crimes. So, working with our Federal partners, it's very important that we continue to have that relationship with them for the safety of our community because that's ultimately what we want, right, is to keep our community safe. Page 20 GOEAC-4 February 18,2025 Overall, I believe that our communities have a really good relationship with our immigrant community. I haven't received any reports to the contrary, but I would encourage if there is concern with those communities, please reach out to your Community Policing Officers, or either Commanders if such is warranted. Like I said, we're here to keep our community safe, and this is just being able to have the opportunity to work with our Federal partners,just another way that we can do that. CHR. KAGIWADA: Thank you so much, Assistant'Chief. I want to let the Council Members have questions and make comments; and then they may have some questions for you as well. Council Member Galimba. MS. GALIMBA: Thank you so much. I know that the Police Department and you personally have good relations with immigrant community,good and proactive actually. So, any questions around it definitely not any reflection on the Police Department past and present: It's just that we are in a situation where our Federal partners have potentially changed and their values in a way that is very,different from our values here in Hawaii, I believe. So, we have to look at things in a different light. So, I just wanted to ask about specifically, the part of this agreement that talks about having embedded agents and how thatwould work operationally. And if there's any potential for differentvalues to then become part of the Police Department's'operations. Could you sort of talk me through that? NISI BIRD: Soy if they're investigating an immigration offense, we're not involved in that; So,they're embedded, basically given an office space in our Police Department. And,we're working together on other things. Without getting into it, but the more serious, not the immigration stuff. But the more serious felony offenses. So, having that partner there present and being able to engage is more efficient for operations. So that, you know, we can ultimately get the person responsible for engaging in''this criminal activity. So, if they're enaged in immigration offenses, they're doing that on their own. M : GALIMBA: Okay. I guess I don't necessarily see that spelt out. And maybe we have to at this point. But I'll just leave that for now. Another question I had is, once we agree or when we agree to these documents, these agreements as they stand, could they be updated without coming back to us for approval? MS. BIRD: So, this is the process that we're trying to formulize to come back on an annual basis. So, all agreements will come before Council annually. Page 21 GOEAC-4 February 18,2025 MS. GALIMBA: Annually. So, there won't be any changes to it. MS. BIRD: It would have to come before Council. MS. GALIMBA: Okay. I'm going to yield for now to my fellow Council Members. CHR. KAGIWADA: Okay. Over in Hilo, Council Member Kimball, did you want to speak to this issue? MS. KIMBALL: Not at this time, Chair. Thank you. CHR KAGIWADA: Council Member Villegas MS. VILLEGAS: Yes. Thank you for being here, Assistant Chief, Appreciate you coming forth, and you know, having spokerf to some Corporation;Counsel and have friends that have navigated from Vice and shared with me very poignant stories about working collectively with the Federal government as it relates to Fentanyl and the collaboration of that, and how,much that's benefited our community. I respect, honor, and see kind of our vulnerability if we don't perpetuate those relationships. However, right now inside,you know, every day is just another kick to the gut of what our country was sef up,tobe. So, the vulnerability as we navigate as a community, I hear so many people say, "I'm so glad we're here and not'so far away." And every day I say, "No, it's here." Unfortunately,these kinds of documents are throwing up a red flag for those who recognize any potential for a loophole to be created for someone with nefarious intentions when the standard is no longer telling the truth, right? So, I don't want you or our beloved Police Department to be exposed to something like that. And I don't;want our local immigrant population to continue to be tormented and terrorized and their lives so drastically negatively impacted. And all of their kids here. So, for me, what I would love to see, and I honor, and what stands out to me are the questions about, where are these documents that are related to this? I just want you to know, once again, this is honestly to protect us in the long run from there being anything that's going to jeopardize or expose us to like, "Oh, we never thought that somebody would ever do that." And things are happening daily where people are doing things like that. And I don't want that to somehow infiltrate our system at no fault of your own, but at which I see would be at fault to myself if we didn't look at the specific details. Page 22 GOEAC-4 February 18,2025 That's why I would ask for Corporation Counsel's specific support and help, and for Police Corp. Counsel to look at these documents and put in the words that make it very clear, here is the firewall; here is your area of accountability; here is your area of authority, and here is where it is not. Because we as a County can make that statement about how, and where, and who we align ourselves with from a priority standpoint that's coming down from the national government. And I think that is imperative right now, because those are the things we can do. So, that's where I'll be standing with this. I'll be as for edits and more clarification. I get this is an annual thing. But we are in unprecedented times when people are vulnerable, and families are being torn apart. Some of the hardest working people in our communities who as was mentioned pay taxes but can never file a tax return. Social Security, we'll see. By the end of today, that might be gone for all of us anyway. So, it's just we're really in dark times. And I want to make sure our police are safe from that and not exposed to any potential vulnerability by nefarious intentions that would harm our community. So, I won't be supporting this today. But I will be looking forward to more information, more details. We have to go that much"further;to protect ourselves because unfortunately, we've become complacentwith our trust of democracy and the constitution and people's positive intentions, and those that don't have that in mind, unfortunately, are in some positions that jeopardize our health and safety as a community. So, thank you, I yield. CHR. KAGIWADA: Thank you,Council Member Villegas. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINF"ELDER: Thank you, Chair. Good morning, how you doing? What's the end date on this, or is there an end date? MS. BIRD: I believe they can be terminated by either parry, or usually within 30-days written notice to each other. MR. KAAALI`I-KLEINFELDER: Okay, but for right now, there's no actual term. It's just an open-ended agreement between us and partners? MS BIRD: Yes. MR. KANEALI`I-KLEINFELDER: Okay. And then, what is your take on this? What does it allow the department to do that they can't do right now? MS. BIRD: What does it allow the department to do? Basically, work investigations with our Federal partners. Mainly,we're talking about FBI and Page 23 GOEAC-4 February 18,2025 Homeland Security Investigations on these. Utilizing the Federal resources, prosecution; maybe some investigative tools that the Feds may have that we don't have. And just partnering upon those till we can get our case together; arrest the individual and bring them to prosecution. MR. KANEALI`I-KLEINFELDER: Okay, can we do that currently, or are we doing that currently? MS. BIRD: We are doing that currently, yes. MR. KANEALI`I-KLEINFELDER: What's the pointof the agreement then? MS. BIRD: So, it's my understanding thatmaybe this process wasn't followed before as far as coming to County Council and getting the approval of Council before the Mayor's approval. MR. KANEALI`I-KLEINFELDER: Oh, interesting,. Okay. I mean, from my information, we already work with our Federal partners when needed; as needed, as things come up. So, we just didn't have ths'agreement in place to allow us to work with them, or this is ;opening up new parameters of our agreement, or just a new agreement completely, obviously. But opening new areas of ability to work with each other? MS. BIRD: Formalizing the process of the'areement. MR. KANEALI`I-KLEINFELOER: Okay, so not anything new, but formalizing the agreement that's already been in place. Interesting. Okay. I think I had some questions,but not right now. Thank you for being here today. Appreciate you. MS. BIRD: Thank you. MR. KANEALI`I-KLEINFELDER: Acting Assistant Chief, is that right? Assistant Chief. MS. BIRD; It's for real. MR. KANEALI`I-KLEINFELDER: Assistant Chief, confirmed? Yeah, Ms. Bird. Okay, thank you. I yield, Chair. CHR. KAGIWADA: Thank you. Council Member Hustace. MR. HUSTACE: Thank you, Chair. Aloha Chief, how are you? Good to see you. I have questions about the documents. We did receive some documents this morning. And Communication 125.1 and 125.2. They are both the MOUs. One Page 24 GOEAC-4 February 18,2025 is the MOU between Police Department and the FBI Safe Streets Task Force. And the other one is HPD and Homeland Security. I'm a little confused on these two documents in terms of what was before. If these are the actual ones and we're just moving forward, or if these are the previous ones. Because on both on the last pages of them, they have been signed 2014 and 2017. So, I don't know if these are just moving forward or if there's some iteration of them that we have yet to see. So, I'm'a little confused here on this front, and particularly, what changes are being made moving forward. If these are them or if there's other sort of efforts to change these documents. Thank you for that correction. Thank you, Council Member Kierkiewicz. So, it's showing, that's Communication 125.1.E It,shows the older one dated and signed in 2017. And then the one that's missing,that's not even signed. 'Okay, thanks for the clarification. Apologies. Thank you. CHR. KAGIWADA: No worries. Okay. ,Council Member Kierkiewicz, the floor is yours. MS. KIERKIEWICZ: Ri Chief, great to see you; Congratulations on your promotion. That is amazing for you and other women aspiring to climb the ranks in the Police Department. We're so proud of you. Given all of the testimony and concern about what's happening at the Federal level on the immigration front and the disruption to communities and hearing my colleagues deliberate here on the dais, would you be open and amenable to language that would assuage there and community concerns about there being a very specific purpose in which police is collaborating with these Federal agencies? MS:BIRD: We Would obviously have to collaborate with these agencies. I don't think we're open to anything. But if I could point out, in the HSI agreement with the designation as Customs Officer, there is in pullet point No. 3 under Purpose. HSI has not,conveyed the authority to enforce Administrative violations of immigration law. I don't know if that is helpful at all. S. KIERKIEWICZ: Sorry, can you repeat that one more time? Where will we be finding this? MS. BIRD: I don't have the numbers that you folks might have, but the MOU between U.S. Immigration and Custom Enforcement, Homeland Security Investigations and the Hawaii Police Department,regarding the designation of Hawaii Police Department employees as Custom Officers. Bullet No. 3, Purpose; second paragraph down, the last sentence there. "HSI is not conveying Page 25 GOEAC-4 February 18,2025 the authority to enforce administrative violation of immigration law." I don't know if that will be helpful. CHR. KAGIWADA: Just so you can find it, it's the second MOU. MS. KIERKIEWICZ: In Communication 125.1? CHR KAGIWADA: Communication 125.1, correct. And it's No. 3, Purpose that she's referring to. I did want to also just let you'know that we have Liza Ryan Gill on Zoom if we have questions. Because she's been working on this so closely with attorneys and with Federal agencies, if we have questions about what's going on there. We have her on Zoom. MS. KIERKIEWICZ: Chief Bird, so what you make mention of is for the current, or the agreement that was signed in 2017. Given that we justrec'eived these documents this morning, I haven't been able to do a side-by-side analysis to compare if that language is also included in the draft. So, we just need a little bit more time to review these documents. Arid I certainly want to afford you the opportunity to comb through them. It seems like the collaboration,is'still continuing per existing MOUs. So, we do have time to hit the pause button,review these documents, and work with Police Corporation Counsel to make any amehdm6nts to the resolution. Is that correct, or is there a sense of urgency that We need 6 get this done? MS. BIRD: I feel like there could be time to work on it, if needed. MS. KIERKIEWICZ: Okay, we appreciate that. Chair, will you be taking the lead on any amendments? I think there's been a lot of discussion about them, but justwant to make sure that someone's carrying the water on it. CHR:KAGIWADA: Absolutely, I can work with HPD and Corporation Counsel on this. MS. KIERKIEWICZ: Perfect. And then the last thing, I don't know if it was mentioned;but there is legislation advancing through the State right now, HB 22, which would set up some kind of framework for counties to collaborate with Federal agencies. Not sure if you had a chance to take a look at it, Chief. Buthappy to send a copy to your office. They're going to be deliberating on that measure tomorrow, the 19t'. MS. BIRD: I can look it up, HB 22. MS. KIERKIEWICZ: I believe Mr. Ilagan is the introducer if you need to reach out to his office for questions. Thank you, Chair, I yield. Page 26 GOEAC-4 February 18,2025 CHR. KAGIWADA: Thank you. Council Member Hustace. MR. HUSTACE. Thank you. I apologize for the confusion. I did notice the issue that I had was with Communication 125.2. Because 125.1 shows the past MOU and then potential changes. But like my colleague, I think we need some time to review it. However, the issue I have is with the HPD and FBI MOU. This one is dated 2014. But are we copying this and moving this forward, or is there draft language to make changes to this one specifically? MS. BIRD: I'm not aware of any changes to this FBI Safe Streets one. MR. HUSTACE: Okay. So, this is what's being proposed to move forward on an annual basis? MS. BIRD: Yes. MR. HUSTACE: Okay, thank you., CHR KAGIWADA: Council Member Inaba.. MR. INABA: So, if I'm understanding correctly, if there's no concern around the existing agreements, perhaps clear language in the resolution first to these specific agreements and would address some of the concerns so that we're not authorizing something we don't know afterwards, if I'm understanding the concerns correctly. And I think we can get that done quickly and,have this back in two weeks. So, I look forward'to seeing you again and having that clear language. Thank you, Assistant Chief, CHR. KAGIWADA,,: Thank you, Council Member. Just to respond to that, I do think I've heard some concerns about existing agreements as well. So, we probably need,more than just that as far as discussion goes. I know we have Council Member Villegas who wants to speak again. But I want to ask Liza Ryan Gill to please jump on here on Zoom, because Assistant' hief did point to this one, No. 3 the Purpose. But my understanding is the purpose for Homeland Security and its mandate has changed in the last couple weeks. So, could you speak to that,just a little about what that change is. (Note: At this time, Hawaii Coalition for Immigration Rights Executive Director Liza Ryan Gill, came forward to address the members of the Committee.) MS. RYAN GILL: Yes. Thank you so much, Chair, and appreciate the time of the Committee on this issue. And also,just again,want to reiterate that we've had really positive conversations with the Hawaii County Police Department and appreciate their support in these troubling times. Page 27 GOEAC-4 February 18,2025 We've also had some sit-downs with the new and outgoing special agent in charge with Homeland Security Investigations. So, that would be Special Agent in Charge Lucia Cabral DeArmas. And one thing that HSI has communicated directly with us as an organization is that HSI's priorities have changed in the last month. They were previously mostly prioritizing some of the cybersecurity and other investigations. Now with the mandates that have come down with the newExecutive Orders from the Federal Government, they are now responsible and actually taking some lead in deportations and removals. We were made aware of this from watching the twitter account of HSI several weeks ago,,as they were detaining multiple folks on Oahu. So, I think one of the issues that we are concerned with is again;we've had a great relationship with HSI in the past and support of the work they had done. Now that their kuleana has changed;L wonder how the MOU reflects that their priorities are now different. And wouldthey be expecting HPD to move with their priorities. I think that is a major concern. I think one thing we have also worked with is just to make sure, again, that our communities can come forward and report crime and have a positive relationship with HPD knowing that civil immigration is the job of the Federal government, and they will continue to do the job. And nothing that HPD does is going to stop the Feds from doing their job, but,that is a separate job. One thing that we are concerned is if you have agents that are in special tactical Federal gear that'are coming in and out of the Police Department on a regular basis, or if you want someone to come and report crime. And they enter the Police Department, and they see those newly deputized agents; new agencies that are now conducting Federal enforcement, which we have seen across the State and across other states, that creates a real chilling effect in that community. So, I look forward to reviewing the new language in the MOU. Again, we have supported HSI and the work they have done in keeping our communities safe. We're justconcerned that now, as the special agent in charge spoke at our meeting that is whole government approach to a mass deportation agenda, that those priorities are now HSI priorities. And so, how should that be reflected in this new MOU? CHR. KAGIWADA: Thank you. Ms. Ryan Gill, could you please just reintroduce your role and your organization as well,just for the record. MS. RYAN GILL: Sure, my pleasure. Liza Ryan Gill. I'm Executive Director of the Hawaii Coalition for Immigrant Rights representing 30 immigrants serving in those organizations including many on Hawaii Island. Page 28 GOEAC-4 February 18,2025 CHR. KAGIWADA: Thank you so much. Alright, we still have a couple of Council Members who want to add here. Council Member Villegas. MS. VILLEGAS: Just really quick Chair Kagiwada. As you're going to be managing the amendments and working with Chief Bird, one of the big concerns is the deputizing of our police. Because I hear that it's written in there that you know, you're not responsible or there's a separation of anything that has to do with immigration. But then on the other side, I'm hearing they're looking to allow for deputization that would then put that upon our police. So,I'm hearing two sides to the story and at a time when things are clear as mud. And dirty as it gets, I want to make sure that this is crystal clear which provides you with the support that you need, but does not leave our County vulnerable to what's going on outthere. I yield. CHR KAGIWADA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. If we work with her on behalf of the organizations, do they reimburse the County for the time that we spend working in parallel or for them, if you will. I didn't see it specifically laid out. MS. BIRD: So, typically what will happen is we as the Hawaii Police Department will start investigating ion ething. Whatever that something is. That might be extended beyond our island, you knew,to the mainland; other islands. We obviously don't have that reach here. So it's situations like that where we would utilize our Federal partners to assist because they have that longer arm. As far as the reimbursement, I don't think that was written into theseso, I can't say with'certainty. I'll have to do some research. But I don't think it's in here about any reimbursement.' MR. KANEALI`I-KLEINFELDER: Okay,just thinking back, this section of the HRS (Hawai`i Revised Statutes) I'm very in-tuned with. You know, powers granted t6 the counties, and the agreements that have to be formed via resolution in front of the County. Given some of our history with this section, it would be ,good to see and work out with the department that we're entering into an agreemennt with via this resolution if HPD's time is being expended on behalf of their,investigation. It is our duty, but it's falling into additional duties incurred, then I think we should be reimbursed by that agency for our work. So, if that can be incorporated or the department is open to looking into that, that would be worthwhile. That just keeps it above the line fiscally, and it's worthwhile to look into at least. Thank you. I yield, Chair. Page 29 GOEAC-4 February 18,2025 CHR. KAGIWADA: Thank you. Anybody else? MS. KIMBALL: Chair, if I may. CHR KAGIWADA: Council Member Kimball. MS. KIMBALL: I'm just going to lend my support to, what it sounds like I'm hearing from folks over there, which is, putting this on,pause„giving you an opportunity to speak with Assistant Chief Bird. Again, congratulations. And with Corporation Counsel and others to work o this. So, happy to support a postponement and would want to consider—Council Member Kierkiewicz did mention House Bill 22, and so I'm just kind of on a cursory reading these documents. I think there could be some significant changes given the content of Bill 22. So, we may want to see how that continries to move before we bring it back. Just in terms of the thoughts about, when to postpone to. So, given that, if there's no clear urgency, as expressed by HPD, I think Call of the Chair might be the thing to do as we work through these other uncertainties. Thank you. CHR KAGIWADA: Thank you, Council Member Kimball. Alright, seeing no other lights, I'm going just try to=first f want to thank you, Chief Bird for being here. I want to reiterate that I've had some really good conversations with Chief Moszkowicz and our immigrant community members. As well as Major Thomas Shopay has been extremely helpful in clarifying and trying to help the community when there's a rumor going on there and trying to clarity, you know, if it's something that's actually happening or if it's false. And he's been very good at that. So,I agree that we have a lotto look at here. Did you have something Council Member? MR I ABA Ready to postpone. CHR KAGIWADA: Okay, in just a minute. I heard that we want to make sure that we at least consider and look at the deputizing of police as an issue. I heard a mention of potentially a firewall to try to keep issues around deportation and mass roundup off of our workload of our HPD. And that we want to look into the reimbursement issue. I do think that HB 22 could be a major game changer if it does pass at the State level. So, we do really need to be cognizant of what's going on there. And if that looks like it's continuing to move, it could really change. In fact, I'll be working with Corporation Counsel to figure out what the legalities are if HB 22 is to pass and if were to sign something like this. And if things are not aligned or if they're even in direct conflict, what that would mean. So,just want to make sure that we get that on. So, yes, looking for a motion to postpone to the Call of the Chair. Page 30 GOEAC-4 February 18,2025 MR. INABA: Chair, I'm going to make a motion to postpone to the March 18, 2025 Committee meetings. Motion to Postpone Mr. Inaba moved to postpone Res. 74-25 to March 18, 2025. Seconded by Mr. Onishi. CHR. KAGIWADA: Any discussion. MR. INABA: Yes, Chair. I had some conversation with Deputy Corporation Counsel Cody Frenz, and I would like to see us move along, so that any activities happening in the department are not going outside the scope of what should have already been happening. But I'm not comfortable with a postponement to the Call of the Chair, in light of some of this conversation. And if we're not ready by March 18t', we can postpone again until we have exactly what we want. But I don't want this to fall off, because I know it's important to the department and to us ensuring we're in compliance with the statutes as well. Thank you. CHR KAGIWADA: Other input on the postponement? Okay, I feel strongly that we need to figure out what's going on with the State level legislations. So, I would prefer to postpone to the Call of the Chair. But we'll see how people want to vote on this. We can always move it again. Alright with no more lights on, on the motion to postpone Resolution,74-25 to the March 18t' meeting, all those in favor? Any opposed? Vote on Motion to The motion to postpone Res. 74-25 to'March 18, 2025, Postpone: was carried by the following voice vote: (Approved) Ayes: Committee Members Galimba, Hustace, Inaba, K,dneali,`i-Kleinfelder, Kierkiewicz, Kimball, Onishi,'Villegas, and Chair Kagiwada—9. Noes: None. Absent: None. Excused: None. Page 31 GOEAC-4 February 18,2025 CHR. KAGIWADA: Alright, thank you so much everybody for bearing with us on this one and we will take it up again on March 18''. Thank you. ADJOURN- Seeing no further business, Chair Kagiwada adjourned the meeting at MENT: 11:50 a.m. Approved: Ms. Jenn Kagiwada, Chair (Date) Committee on Governmental Operations and External Affairs JK/dt Page 32