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HomeMy WebLinkAboutMIN COUNCIL 2025-03-07 2024-2026 Hawaii County Council 81h Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii March 7, 2025 INVOCATION: Pastor Mark Zier of Christ Lutheran Church 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, Hilo, by Mr. Holeka Goro Inaba, Chair. ROLL CALL: Present: Mr. Holeka Goro Inaba, Chair Mr. Dennis "Fresh" Onishi, Vice Chair Ms. Michelle M. Galimba, Member Mr. James E. Hustace, Member Ms. Jenn Kagiwada, Member Ms. Ashley L. Kierkiewicz, Member Ms. Heather L. Kimball, Member Ms. Rebecca Villegas, Member (via videoconference from Kona; came in later) Absent& Excused: Mr. Matt Kaneali`i-Kleinfelder, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, County Clerk Jon Henricks led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions, MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (There were none.) EXPRESSIONS OF CONDOLENCE: 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: Hawaii County Council-8 March 7,2025 Janice Palma-Glennie: GOEAC-24 (Comm. 136), in opposition. (See Comm. 136.3) Hope Alohalani Cermelj: Bill 23, Draft 2 (Comm. 96.3); and Bill 28 (Comm. 121), in support. APPROVAL The Chair directed the Council to proceed to the next order of business, Approval OF MINUTES: of Minutes. Chair Inaba announced that the Minutes of January 22, 2025, were approved. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. GOEAC-21 NOMINATION OF PHILIP "IPPY" AIONA TO THE WATER BOARD (Comm. 133): Requires Council Confirmation by: March 14, 2025 (Section 13-4(k), Hawaii County Charter) Vote on GOEAC-21: Ms. Kierkiewicz moved to adopt Governmental Operations (Adopted) and External Affairs Committee Report No. 21. Seconded by Ms. Kimball and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, and Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. GOEAC-22 RENOMINATION OF BRIAN A. CUSHNIE TO THE FIRE COMMISSION (Comm. 134): Requires Council Confirmation by: March 14, 2025 (Section 13-4(k), Hawaii County Charter) Page 2 Hawaii County Council-8 March 7,2025 Vote on GOEAC-22: Ms. Kierkiewicz moved to adopt Governmental Operations (Adopted) and External Affairs Committee Report No. 22. Seconded by Ms. Kimball and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, and Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. GOEAC-23 NOMINATION OF DANIEL THOMAS TO THE MERIT APPEALS BOARD (Comm. 135): Requires Council Confirmation by: March 14, 2025 (Section 13-4(k), Hawaii County Charter) Vote on GOEAC-23: Ms. Kierkiewicz moved to adopt Governmental Operations (Adopted) and External Affairs Committee Report No. 23. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, and Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. GOEAC-24 NOMINATION OF CHRIS K. TOAFILI TO THE LEEWARD PLANNING (Comm. 136): COMMISSION Requires Council Confirmation by: March 14, 2025 (Section 13-4(k), Hawaii County Charter) Motion to Approve: Ms. Kierkiewicz moved to adopt Governmental Operations and External Affairs Committee Report No. 24. Seconded by Mr. Hustace. CHR. INABA: Any discussion? Council Member Kagiwada. MS. KAGIWADA: Yeah. I still won't be supporting this nomination at this time. Thank you. CHR. INABA: Council Member Galimba. Page 3 Hawaii County Council-8 March 7,2025 MS. GALIMBA: Is Mr. Toafili available? (Note: At this time, Executive Assistant Micah Alameda came forward to address the members of the Council.) MR. ALAMEDA: Aloha, Council Members, Vice Chair Onishi, Chair Inaba. Unfortunately, Mr. Toafili has kuleana today, which is why he's not here. MS. GALIMBA: Thank you. CHR. INABA: Any further discussion? I just want to take this opportunity. I did have a meeting with Mr. Toafili, and I know there are other applicants who are qualified who I would've preferred to see before us at this time being that Mr. Toafili hasn't served on a County board or commission, and there are vacancies for our district at this time. But in light of the Mayor providing Mr. Toafili before us, I had discussion, and I know that your folks' office is willing to support him, and I've offered my office to support him in this work as well. So I'll be supporting him today. With that, Mr. Clerk, can you do a roll call on this one please? Vote on GOEAC-24: The motion to adopt Governmental Operations and Failed External Affairs Committee Report No. 24 failed by the following roll call vote: Ayes: Council Members Hustace, Kierkiewicz, Onishi, and Chair Inaba—4. Noes: Council Members Galimba, Kagiwada, and Kimball —3. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. GOEAC-25 NOMINATION OF BRUCE HEIDENFELDT TO THE BANYAN DRIVE (Comm. 137): HAWAI`I REDEVELOPMENT AGENCY Vote on GOEAC-25: Ms. Kierkiewicz moved to adopt Governmental Operations (Adopted) and External Affairs Committee Report No. 25. Seconded by Ms. Kimball and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, and Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. Page 4 Hawaii County Council-8 March 7,2025 ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 75-25: AUTHORIZES THE DIRECTOR OF FINANCE TO NEGOTIATE A LEASE OF REAL PROPERTY, SITUATED AT WAIAKEA, SOUTH HILO, COUNTY AND STATE OF HAWAI`I, IDENTIFIED AS TAX MAP KEYS: 2-4-057:029 AND 2-4-057:031, TO THE HAWAI`I ISLAND VETERANS MEMORIAL, INC. Allows the Hawaii Island Veterans Memorial, Inc., to continue to lease the parcels to construct and develop a veterans center and veteran housing. Reference: Comm. 126 Intr. by: Council Member Kimball (B/R) Approve: LAAC-9 Motion to Approve: Ms. Kimball moved to adopt Res. 75-25 and Legislative Approvals and Acquisitions Committee Report No. 9. Seconded by Ms. Galimba. CHR. INABA: Council Member Kimball. MS. KIMBALL: We had a great discussion about this in Committee, and I think everybody is fully supportive of this effort. I ask for your continued support. CHR. INABA: Thank you. Vice Chair Onishi. MR. ONISHL Thank you, Chair. Just to let you folks know, we just came back from NACo (National Association of Counties), and we did have the Secretary of Veterans Affairs, Doug Collins, talking to all the members and listening to what he was mentioning, I mean, there are some situations that's happening on the federal level, but the support that he ensured the Council Members and Commissioners at the conference was unbelievable. Like, he's going to really push forward to get things done. And he said that for so many years there's been so much delays and there's been like, I guess, not helping the veterans who need the help. And so, I'm looking forward to seeing him do that and hopefully with our NACo delegation that we can also continue to get that relationship with him and making sure that he does do what he says. Thank you. CHR. INABA: Thank you, Vice Chair Onishi. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. You know, I just again want to recognize the really remarkable work that Hawaii Island Veterans Memorial is doing. You know, a special thanks to Joe Kamelamela and Bob Williams. Bob was actually my high school counselor. So I've known him for a number of years and he's still going strong. And so I just really appreciate that group for all that they do to support our veterans. Thank you. I yield. Page 5 Hawaii County Council-8 March 7,2025 CHR. INABA: Thank you. Seeing no further discussion, all those in favor of approving Resolution 75-25, please say "aye." Vote on Res. 75-25: The motion to adopt Res. 75-25 and Legislative Approvals (Adopted) and Acquisitions Committee Report No. 9 was carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, and Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. Res. 76-25: CREATES ONE NEW CUSTODIAN/GROUNDSKEEPER I POSITION FOR THE HAWAI`I POLICE DEPARTMENT Establishes one new position for the Police Department's new communications call center. Reference: Comm. 128 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-27 Vote on Res. 76-25: Ms. Galimba moved to adopt Res. 76-25 and Finance (Adopted) Committee Report No. 27. Seconded by Ms. Kimball and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, and Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. Res. 84-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE PAHOA LAVA ZONE MUSEUM TO SUPPORT ITS HAWAI`I ISLAND PAPA HOLUA PROJECT Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 145 Intr. by: Council Member Kierkiewicz Page 6 Hawaii County Council-8 March 7,2025 Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 84-25. Seconded by Ms. Galimba. CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. You know, Uncle Keoni Kalawe in Puna has recreated a h6lua sled. For those that don't know, it is an ancient Hawaiian past time that involves sliding down steep slopes of hardened lava fields, and he's recreated that in a safe way and it's really wonderful. They take it to community events and schools around the island so that they can continue to perpetuate this tradition. But every time they do they have to dismantle it because there is no trailer. So this would be an investment towards a trailer, so they don't have to dismantle it while they take it around the island. Looking for everyone's support. Thank you. CHR. INABA: Thank you. All those in favor of approving Resolution 84-25, please say "aye." Vote on Res. 84-25: The motion to adopt Res. 84-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, and Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. Res. 85-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE LIONS CLUB OF KONA COMMUNITY FOUNDATION, INC., TO ASSIST THE KONAWAENA HIGH SCHOOL LEO CLUB WITH EXPENSES FOR EDUCATIONAL OUTREACH Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 146 Intr. by: Council Member Inaba Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 85-25. Seconded by Mr. Hustace. Page 7 Hawaii County Council-8 March 7,2025 CHR. INABA: Just asking for my colleagues' support here for community outreach by the Leo Club sharing about soil, health, and just getting that information out to our community. With that, all those in favor of approving Resolution 85-25 please say "aye." Vote on Res. 85-25: The motion to adopt Res. 85-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, and Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. Res. 86-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIRD AND BEE HAWAI`I ANIMAL SANCTUARY TO SUPPORT ITS THIRD ANNUAL WORLD BEE DAY EVENT Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 149 Intr. by: Council Member Kimball Motion to Approve: Ms. Kimball moved to adopt Res. 86-25. Seconded by Ms. Kierkiewicz CHR. INABA: Council Member Kimball. MS. KIMBALL: Just asking for everyone's support for this program with Council Member Kierkiewicz's revisions to the ARPA (American Rescue Plan Act) allowances. There's been an explosion of interest in keeping bees and we want to make sure that people do it well and following best practices. So this is an effort to share County wide best practices in apiary science. Thank you. CHR. INABA: Wonderful. Thank you. All those in favor of approving Resolution 86-25, please say "aye." Page 8 Hawaii County Council-8 March 7,2025 Vote on Res. 86-25: The motion to adopt Res. 86-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, and Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. Res. 87-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE PAHOA LAVA ZONE MUSEUM TO SUPPORT THE HALE HALAWAI O PUNA CULTURAL ENTREPRENEUR HUB IN PAHOA Transfers $10,500 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Research and Development, Tourism Promotion account. Reference: Comm. 150 Intr. by: Council Member Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 87-25. Seconded by Mr. Hustace. CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Recovery work for Puna is ongoing and it's really hard to believe that this year marks the 7 h anniversary of the Kilauea volcanic eruption, May 3rd specifically. And so this year I've been working with some community partners to launch a cultural entrepreneur hub where the old Akebono Theatre and Luquin's restaurant were in Downtown Pahoa, they burned down tragically in a fire in 2017. But there's been a lot of folks in the community that want to create a tourism economy that is regenerative and on their own terms and is a curation of some of the best products and cultural experiences that can be found in lower Puna. So this funding is seed money to help kickstart that effort. The community is invited to attend Saturday, March 3rd, 10:00 a.m. to 2:00 p.m. for the cultural demonstrations followed by a town party 5:00 p.m. to 10:00 p.m. It's going to be a great time and I'm looking for everyone's support, and please come join us if you're in the area. I yield. CHR. INABA: Council Member Galimba. Page 9 Hawaii County Council-8 March 7,2025 MS. GALIMBA: Thank you. Sounds amazing. I think you meant May 3rd. But I just wondered, the idea of a cultural entrepreneur hub is very interesting to me. So in the long term, what kind of services or facilities would you be envisioning for this entrepreneur hub? MS. KIERKIEWICZ: Chair, if I may? Thank you. The smallest footprint possible, in terms of built infrastructure. So there is an investment being made in, you know, canopy tents, pop-up tents so that there is a unique look for the pop- ups that all of the cultural experts are going to be demonstrating under. So many of them in Puna have incredible talents making lei,pounding poi, a number of things. And so this will be a space to demonstrate that. And if there are products that folks also have to sell that again are made here on Hawaii Island, we certainly want to have a place to showcase that. There is an element where we are going to be inviting students from local high schools. So we have the charter school HAAS (Hawai`i Academy of Arts and Science Public Charter School) and Pahoa High and Intermediate. There are entrepreneurial programs that are running in those schools. So this will also be a space for high schoolers to get real-life experience in running a business, being part of events and seeing that they can actually make it in their community. Thanks for the question. MS. GALIMBA: Yeah, thanks for the detail. Sounds fabulous. CHR. INABA: Alright. All those in favor of approving Resolution 87-25, please say "aye." Vote on Res. 87-25: The motion to adopt Res. 87-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, and Chair Inaba—7. Noes: None. Absent: Council Members Kaneali`i-Kleinfelder and Villegas —2. Excused: None. Page 10 Hawaii County Council-8 March 7,2025 Res. 88-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO D.A.R.E. HAWAI`I TO ASSIST WITH EXPENSES RELATING TO ITS 2025 D.A.R.E. DAY CELEBRATION EVENT IN WEST HAWAI`I Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 151 Intr. by: Council Member Hustace Motion to Approve: Mr. Hustace moved to adopt Res. 88-25. Seconded by Ms. Kierkiewicz. CHR. INABA: Council Member Hustace. MR. HUSTACE: Mahalo, Chair. I'm grateful to provide additional support for D.A.R.E. Day this year through the Council District 9 office, specifically going to some of the game materials and activities for the event later this year. So grateful for the work our Police Department does and want to support their efforts connecting with our youth and our keiki in supporting that. So grateful for the support. Thank you. CHR. INABA: Thank you. Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. I'm also very grateful for our Police Department for doing these D.A.R.E. Days, and I will be supporting the East Hawaii one. But I did want to see if Deputy Corporation Counsel Cody Frenz is available or Assistant Corporation Counsel. (Note: At this time, Assistant Corporation Counsel J Yoshimoto came forward to address the members of the Council.) MR. YOSHIMOTO: Thank you. MS. KAGIWADA: So I just wanted to--Deputy Corporation Counsel Cody Frenz had brought up to our office as we were trying to get our similar CRF (Contingency Relief Fund)through for D.A.R.E. Day in East Hawaii, that she's recommending or that she believes that it says we should or shall, if we're giving something to a nonprofit that is staffed by or lead by County employees that we should have them just do a quick ruling through the Board of Ethics (BOE) to make sure that, you know, everything's clean and clear. And I know several of these D.A.R.E. CRFs have already gone through for West Hawaii. I know some Page 11 Hawaii County Council-8 March 7,2025 other ones are going to be coming for East Hawaii, and I just want to make sure that we are kind of all on the same page. So I don't know if you have any insight here, or if Ms. Frenz can get on? MR. YOSHIMOTO: Good morning, everyone. J Yoshimoto, Assistant Corporation Counsel. I'm not familiar with that request or this CRF request, but based on the information you've provided, it does sound like it would be something that the Board of Ethics would be needing to weigh in upon because it involves, well, the facts in there that you presented, right. So, Ms. Frenz is not available right now, but in any event the recommendation would probably be the same, that they would need to go through the Board of Ethics to make sure there are no conflicts or anything else that would need to be addressed prior to the award. You're saying there are other resos (resolutions) that already passed that are ? MS. KAGIWADA: To this organization, yes. So I'm just wondering, do you know if she might be available later today? Maybe we can move this to the end of our agenda because she's familiar with this, and she's the one that brought it to us. MR. YOSHIMOTO: She said she could attend either via Zoom or come here. So you might want to move it to the end of the agenda. It might take her 15 minutes or so to get here. Council, whatever you guys want to do. MS. KAGIWADA: I would just request that we table this so that we could have her input. I think it would be important. CHR. INABA: Vice Chair Onishi. MR. ONISHL Thank you, Chair. I don't think we need to because, as you've mentioned before, it was done in the past, right. And I think, and I'm correct, in that the money's going to go towards the Police Department's D.A.R.E. program. So, we'll have officers that's in the D.A.R.E. program that is running this event. So the possibility is maybe the funds that was given from the Council Members might've gone to the nonprofit of D.A.R.E. But I think—like for my office, we're working on one right now, and it's going towards the department's D.A.R.E. program. And that's going to be helping with providing funding for the busing of the participants to come to the event. And so I would say it's all good and, I mean, if now, and Assistant Corporation Counsel or Deputy, if we've done it before and we have one in front of us right now and it was never mentioned to Council Member Hustace, then what is the delay? MR. YOSHIMOTO: I don't know what the specific fact pattern is for this particular request or if they're all the same. So, I mean, if the situation involves County employees serving in a volunteer role on a nonprofit in which the CRFs are being transferred to that nonprofit, you know, in the scenario that you're Page 12 Hawaii County Council-8 March 7,2025 mentioning, it might trigger something with the Board of Ethics to make sure that there's clearance so there's no, you know, conflict of interest, or making sure that the fair treatment provisions are being adhered to. Again, I don't know what happened with the last two. Maybe Ms. Frenz knows more. She does, apparently, is what is being represented, right. MR. ONISHL I know that Roy Valera, who's an officer with the Police Department, he is involved with the nonprofit D.A.R.E. For East Hawaii, we got asked by, I guess, the lieutenant from community policing to help support the D.A.R.E. program on East Hawaii. So there might be that difference like because our request is coming from the department and MS. KAGIWADA: Chair, I don't think I ever relinquished the floor. I'm still trying to just get the information out. CHR. INABA: I'm sorry, Council Member. Vice Chair Onishi has the floor right now. I wasn't clear that you still had the floor. MS. KAGIWADA: Okay. MR. ONISHL Thank you. And so maybe that's where the difference is. MR. YOSHIMOTO: Could be. And the facts do matter, right, in terms of what's happening, right. Again, I don't know what the specific fact pattern is for this one, but maybe Ms. Frenz does. I don't know. I mean, I wish I could give you a better answer than that, but that's as far as what I know. MR. ONISHL But if it comes from the department then it's okay. They would have to go in front of the Board of Ethics, correct? MR. YOSHIMOTO: It would be depending on who is involved because, okay, hypothetically, right, because I don't know what the fact pattern is, but hypothetically, if you have County employees serving on a nonprofit, right, that is the sponsoring entity for the CRF. So you have the department, you have the nonprofit, and you have whatever event they're going to do, right. So that might be what's triggering, you know, the ethics question. MR. ONISHL Now, but if we give it directly to the department for the D.A.R.E. activity, is there any conflict? MR. YOSHIMOTO: Well, I don't see an issue with that, because that's how the process works, right; the CRF transfer goes to a sponsoring department that supports that particular activity or program, right. But I think the question is the people involved with the nonprofit. MR. ONISHL Yeah. And that's if the funding is going towards that nonprofit. Page 13 Hawaii County Council-8 March 7,2025 MR. YOSHIMOTO: Yes. MR. ONISHL Correct. Because, there's two different issues, right, going directly to the department, going to the nonprofit that's going to help with the activity, right. MR. YOSHIMOTO: Yes. MR. ONISHL So two different animals, right? MR. YOSHIMOTO: Yup. MR. ONISHL And so if it goes directly to the department then it should be okay. MR. YOSHIMOTO: Well, I don't know where the department is transferring the money to. That's what I don't know, right. MR. ONISHL No, no. But like I'm saying, I know like for example, we talked yesterday about HI-PAL (Hawai`i Isle Police Activities League). I want to give money to HI-PAL for awards and medals, right, for their activities and so forth. So, it's going to go directly to HI-PAL for their activities like basketball, volleyball, baseball activities, right. MR. YOSHIMOTO: Public purpose, yes. MR. ONISHL Yeah, public purpose. But it's going directly so I don't see any problem. MR. YOSHIMOTO: That scenario, no. MR. ONISHL Yeah, okay. Thank you. CHR. INABA: Thank you. Yeah, so this one is a little bit different because it is going to a nonprofit. Liquor Department is the pass-through department. I did put a notice out from my office to the Office of Corporation Counsel yesterday for a formal in writing opinion on this matter. The Code requires that a petition be submitted that the Board of Ethics provide a ruling. This is Section 2-83(c). If a decision isn't provided, written evidence that an opinion is being sought is sufficient. So I don't, you know, there's still a contracting period that needs to go out, and I feel confident that we can move this forward right now. Ultimately, Corporation Counsel won't be signing until all of the provisions of this Code, especially that we are discussing it and we know about it, are met. But going back to you, Council Member Kagiwada, and then Council Member Hustace. MS. KAGIWADA: Thank you. Yeah, I just want to be really clear this is not about this specific CRF. This is about any CRF money that's going to nonprofits Page 14 Hawaii County Council-8 March 7,2025 that have County employees. This was brought to our attention that we do need to run it through the Board of Ethics unless we change our Code. And I know Captain Roy Valera has said that he is submitting a petition through BOE right now, so I don't think there's any contention there. Like I said, I'm putting in a D.A.R.E. CRF as well. The West Hawaii event is not happening until April 25 h. There's plenty of time. I don't feel comfortable, at least without hearing from Cody Frenz who brought this to our attention, voting for this at this time. But she says she can be here at 10:00 a.m. if we can—or in ten minutes? Oh, in ten minutes. She can be here in ten minutes. So if we can just table this to hear from her, I think that would be helpful, then we'll know how we're proceeding; and if we need to table this for a short time or if we can proceed and, like you said, keep it moving in order to keep it on schedule. I do think we have plenty of time, though, so I don't think that's a major issue. I yield. CHR. INABA: Thank you. Council Member Hustace. MR. HUSTACE: Thank you, Chair. As part of, you know, this request through the District 9 office, we did receive a nonprofit conflict disclosure form that Captain Valera did sign. So we do have that as part of our records. And Major Evangelista, if you wanted to speak to this at all, I welcome you up if you want to share your thoughts on the matter. (Note: At this time, Police Major Jeremie Evangelista came forward to address the members of the Council.) MR. EVANGELISTA: Good morning, Council. Major Jeremie Evangelista, Hawaii Police Department. When somebody mentioned County employees working for D.A.R.E., I just wanted to clarify that when we put on these D.A.R.E. Day events, it's police officers that are running the events but they're not working for D.A.R.E. They're doing their police officer duties. As far as I know, Captain Roy Valera is the only Police Department employee that's also serving in a volunteer capacity with D.A.R.E. Hawaii. So I just wanted to make that clear that when we put on these D.A.R.E. Day events, these are County employees doing their County jobs. MR. HUSTACE: Thank you, Major. Appreciate that. Thank you, Chair. CHR. INABA: Thank you. With that, I understand the concern, Council Member Kagiwada. I just am hesitant to have an opinion stated on the record that hasn't been reviewed by the Corporation Counsel when an official written inquiry and an official written memo is being expected back. So I'd prefer to continue with the vote and then we can proceed ultimately to get that opinion out to not just the Page 15 Hawaii County Council-8 March 7,2025 Council but to all of the departments so that any CRF coming forward, it's top of mind that if there's employees serving on those boards of a nonprofit that we have the proper procedures in place. Council Member Kimball. MS. KIMBALL: Yeah, given that Deputy Frenz is on the way and she has raised this, I would suggest we just table it. There's no need to beI'm fine with moving this forward today, but I'd like to have the record be completed with her statement. CHR. INABA: Thank you. Assistant Corporation Counsel, I'd like you to review with Ms. Frenz prior. I don't want, like I said, a quick oral answer here on the record, and we're going to receive a written memo shortly after from your folks' office reviewed by lead Corporation Counsel. So up to the body on how we want to proceed. Motion to Table: Ms. Kimball moved to table Res. 88-25. Seconded by Failed Ms. Galimba and failed by the following roll call vote: Ayes: Council Members Galimba, Kagiwada, and Kimball —3. Noes: Council Members Hustace, Kierkiewicz, Onishi, Villegas, and Chair Inaba—5. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Vote on Res. 88-25: The motion to adopt Res. 88-25 was carried by the (Adopted) following roll call vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. INABA: Thank you. Next resolution,please. Page 16 Hawaii County Council-8 March 7,2025 Res. 89-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE LIONS CLUB OF KONA COMMUNITY FOUNDATION, INC., TO ASSIST WITH EXPENSES FOR THE 39TH ANNUAL HAWAI`I KUPUNA HULA FESTIVAL Transfers $9,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 152 Intr. by: Council Member Inaba Motion to Approve: Mr. Hustace moved to adopt Res. 89-25. Seconded by Mr. Onishi. CHR. INABA: This is from my office to support the videographer and sound system for the Annual Hawaii Kupuna Hula Festival, which is led by our Parks and Recreation Department. I ask for your support. This event is occurring September I Oh and 1 Ph of this year at the Outrigger Kona Resort and Spa. So I look forward to seeing everyone there. Any discussion? MS. VILLEGAS: Chair? CHR. INABA: Yes. Council Member Villegas. MS. VILLEGAS: Yes. I just want to thank you for providing the funding for this. You beat me to it. So I just want to express my heartfelt support and gratitude for this Kupuna Hula Festival. Thirty-nine years is absolutely amazing and so, yeah,just thank you for supporting this. I really appreciate it. I yield. CHR. INABA: Thank you. Vice Chair Onishi. MR. ONISHL Thank you, Chair. That's awesome. I did get also asked and so now I'm going to have to increase my give in too because of what's happening. But just to let you folks know, when I started in Parks and Rec (Recreation) in Elderly Activities Division, I was involved with this hula competition. And so it was great. I mean, we have about nine hula halau's that come from Japan and one halau that comes from Okinawa. And when they perform, it's so unbelievable. I mean, they are so perfect. But as Chair mentioned, I hope you folks can be there to watch the entertainment. Thanks. CHR. INABA: Thank you. All those in favor of approving Resolution 89-25, please say "aye." Page 17 Hawaii County Council-8 March 7,2025 Vote on Res. 89-25: The motion to adopt Res. 89-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Kaneali`i-Kleinfelder—2. Excused: None. Res. 90-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE 2025 EASTER FUN DAY IN THE KA`U DISTRICT Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Recreation Division Other Current Expenses account. Reference: Comm. 153 Intr. by: Council Member Galimba Motion to Approve: Ms. Galimba moved to adopt Res. 90-25. Seconded by Mr. Onishi. CHR. INABA: Council Member Galimba. MS. GALIMBA: Thank you. I'm just asking for my fellow Council Members' support for this Easter fun day out in Ka`u. I don't think we've had that one for quite some time, so this is going to be a big important event for our community. CHR. INABA: Wonderful. Thank you. And then just to point that out, the fun day is happening April 18'', three locations: Kahuku Park, N5'51ehu Community Center, and Pahala Community Center. With that, all those in favor of approving Resolution 90-25, please say "aye." Vote on Res. 90-25: The motion to adopt Res. 90-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—7. Noes: None. Absent: Council Members Kagiwada and Kaneali`i-Kleinfelder—2. Excused: None. Page 18 Hawaii County Council-8 March 7,2025 Res. 91-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HANA LAULIMA LAHUI O KA`U INC. FOR ITS 9TH ANNUAL PRINCE KUHIO DAY HO`OLAULE`A Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 154 Intr. by: Council Member Galimba Motion to Approve: Ms. Galimba moved to adopt Res. 91-25. Seconded by Mr. Onishi. CHR. INABA: Council Member Galimba. MS. GALIMBA: Thank you. So this is an appropriation to support a local group that puts on a celebration of Prince Kuhi6 with music and hula in Ka`u at the N5'51ehu Community Center. So I'm asking for my fellow Council Members' support. And since Cody Frenz is here and this is to a nonprofit and some of those folks actually may be County employees, I was wondering if we could actually take up that question that was brought up about having County employees working for a nonprofit and the potential ethics. Well, not ethics problem, but I wanted to be very clear about what the process would be to make sure that all of our nonprofits know what to do if there is that crossover. CHR. INABA: Thank you. And Deputy Corporation (Counsel) Cody Frenz, I just wanted to let you know I did submit an official request for a memo from the Office of the Corporation Counsel, so want to make sure we're not putting anything on the record where we might have something different in writing shortly. (Note: At this time, Deputy Corporation Counsel Cody Frenz came forward to address the members of the Council.) MS. FRENZ: Good morning, everyone. Deputy Corporation Counsel Cody Frenz. So I don't represent the Board of Ethics anymore. That situation, I have no knowledge on this particular CRF grant that's before you now, so I don't want to opine. And only the Board of Ethics can technically opine, and/or my boss, Corporation Counsel Renee Schoen, would provide or whomever she were to designate would provide that written guidance to County Council on the issue. The issue I had with Council Member Kagiwada was specific to a CRF grant where the nonprofit board of directors were County employees. So it was County money going to County employees via they are in fact the actual entity that was requesting the money. And so they went before the Board of Ethics, they got a Page 19 Hawaii County Council-8 March 7,2025 clearance from Board of Ethics, and they're going to attach their informal advisory opinion as the CRF agreement passes back through now for processing. So it was all cleared. MS. GALIMBA: Okay. Thank you. So if there are folks that are County employees on the board of a nonprofit, that's sort of something we need to be aware of,potentially? MS. FRENZ: My understanding is the updated process that Council will be going through in the very near future for their CRF grants should rectify any potential conflicts or raise a potential flag that needs to be flushed out. So without looking at the actual example you have, I'm hesitant to say yes or no without actually taking a look at what you're looking at and verifying that they are in fact employees such that they should consider getting an informal advisory opinion for compliance with the Code of Ethics. MS. GALIMBA: Thank you. I just wanted to get a sense of what we're talking about. Thank you very much for coming forward. MS. FRENZ: Sure. CHR. INABA: Thank you, Deputy Corporation Counsel. Further discussion? Seeing none, all those in favor of approving Resolution 91-25, please say "aye." Vote on Res. 91-25: The motion to adopt Res. 91-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Res. 93-25: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE FOR ONE MULTI-FUNCTION COPY MACHINE FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY Authorizes the Mayor to enter into a five-year lease agreement with an approximate monthly cost of$225. Reference: Comm. 161 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Waived: FC Page 20 Hawaii County Council-8 March 7,2025 Vote on Res. 93-25: Ms. Galimba moved to adopt Res. 93-25. Seconded by (Adopted) Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Res. 94-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT(S) AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT(S) Transfers $451,221 from the Transfer to Housing Fund account to the HOME Program Income Repayment account to return funds that could not be applied towards the cost of building materials for two self-help affordable housing projects, due to those building projects being completed after the July 18, 2024, deadline. Reference: Comm. 162 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Waived: FC Motion to Approve: Ms. Galimba moved to adopt Res. 94-25. Seconded by Ms. Kierkiewicz. CHR. INABA: We have with us this morning Administrator Costa and Mr. Shiroma from the Office of Housing and Community Development. This was waived from Finance and brought straight to Council. So, Administrator, can you give us a little bit of an explanation on this resolution? (Note: At this time, Housing Administrator Kehaulani Costa and Housing and Community Development Specialist Royce Shiroma came forward to address the members of the Council.) MS. COSTA: Good morning. Kehau Costa, Housing Administrator. I'll do kind of my high-level understanding. We need to repay our HOME fund for a project that was awarded in 2018. Delays to the project over COVID (Coronavirus Disease) caused the project to be completed after the federal required deadline. So we are repaying the home funds to be used again within our County. And in order to do that, we're required to make that payment by a soon deadline. This is allocated to the state. It's a federal program allocated to the state, so we need to make that repayment to the state, to our fund, but we're required by the state to make that repayment. In order to do that, we are advancing funds from our affordable housing program so that we can meet that deadline for the repayment, and then we will be setting up an appropriation so that the nonprofit that received the awards can repay us. Page 21 Hawaii County Council-8 March 7,2025 CHR. INABA: Thank you. Members, any discussion or questions? Alright, seeing none, all those in favor of approving Resolution 94-25, please say "aye." Vote on Res. 94-25: The motion to adopt Res. 94-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. INABA: Thank you both for being here. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): Bill 10: AMENDS CHAPTER 22, ARTICLE 3, DIVISION 2, SECTION 22-3.3.2, OF THE (Draft 2) HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO ALLOWABLE AREAS FOR SPECIAL ACTIVITY PERMITS Allows for authorized commercial activities to be conducted at the following area in Kona: "Ane Keohokalole Highway, makai side, between the West Hawaii Civic Center and the `Allied Quarry' access road." Reference: Comm. 38.2 Intr. by: Council Member Inaba Approve: PCPWMT-2 and Comm. 38.3: From Council Chair Holeka Goro Inaba, dated February 19, 2025, transmitting recommendations from the Hawaii Police Department and Public Works Department. Motion to Approve: Ms. Kierkiewicz moved to pass Bill 10, Draft 2, on first reading and adopt Policy Committee on Public Works and Mass Transit Committee Report No. 2. Seconded by Mr. Onishi. CHR. INABA: I want to point, again, Council Members to Communication 38.3, which is contained in your boards. Those letters from both the Department of Public Works Director and our Chief of Police are there. But we have joining us today Director Ono and Major Evangelista, if you folks would like to start off with anything. Page 22 Hawaii County Council-8 March 7,2025 (Note: At this time, Public Works Director Hugh Ono and Police Major Jeremie Evangelista came forward to address the members of the Council.) MR. ONO: No objection to this bill that all we've worked out. All the details safety wise, drainage wise, access wise, it's been thoroughly reviewed. So we have a good area. CHR. INABA: Thank you. Major? MR. EVANGELISTA: Good morning. Major Jeremie Evangelista, Hawaii Police Department. We are also in support of this bill and in support of Public Works here. CHR. INABA: Thank you. Any discussion? Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I just want to say I'm so grateful that we were working together to create this process where Council Members can work with members of the community to identify where these special activity permits would be most appropriate, and it sounds like we have a really nice internal procedure set up with Public Works and Police to get this done rather quickly. So,praising the process and everybody involved, and I'm really excited that we are going to be finally leveraging this new section of code. I yield. CHR. INABA: Thank you, Council Member Kierkiewicz. Further discussion? I just want to take the opportunity to thank Director Ono and Chief(Ben) Moszkowicz and the team out in Kona. Just a quick little story while I can. Initially, Police wanted it right next to the Civic Center; DPW (Department of Public Works) wanted it closer to town on Ane Keohokalole, and we were kind of stuck. So we had a good meeting together and landed on putting this area right to the north of the West Hawaii Civic Center out maybe about 300, 400 yards. So a lot more work to do, applications to be ironed out. But we are serving as the pilot area for this, and hopefully we can get all the kinks ironed out, and we'll see areas like this across the districts. So mahalo to both of the departments for all of your kokua. Seeing no further discussion, all those in favor of approving Bill 10, Draft 2, at first reading please say "aye." Page 23 Hawaii County Council-8 March 7,2025 Vote on Bill 10: The motion to pass Bill 10, Draft 2, on first reading and Draft 2 adopt Policy Committee on Public Works and Mass Transit (Approved) Committee Report No. 2 was carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. INABA: Thank you again for being here. Bill 23: AMENDS CHAPTER 19, ARTICLE 1, SECTION 19-2 AND ARTICLE 8, (Draft 2) SECTION 19-61 OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SHORT-TERM COMMERCIAL AGRICULTURAL USE DEDICATION Increases the term length requirements for the Short-Term Commercial Agricultural Use Dedication property tax assessment program from three to five years. Reference: Comm. 96.3 Intr. by: Council Member Hustace Negative: FC-28 (Due to a vote of 4-ayes, 5-noes) Motion to Approve: Mr. Hustace moved to pass Bill 23, Draft 2, on first reading. Seconded by Mr. Onishi. CHR. INABA: Council Member Hustace. MR. HUSTACE: Mahalo, Chair. I'm grateful for the conversations we had in Committee regarding Bill 23. I still urge your support on this, looking at our short-term dedicated ag within the dedicated ag program that the Council approved previously. I'm still sticking to my position on moving this forward and changing this from the three years to five years and allowing farmers and agriculturalists a lot more time on their property rotating through crops, allowing our Real Property Tax Division more opportunity to review these things given that five-year time frame. And I welcome other further questions or thoughts on this. We have Administrator Miura I believe in the Kona Chamber and Deputy Administrator Jo here in the Hilo Chambers if there are any additional thoughts or questions. So thank you for your consideration. CHR. INABA: Thank you, Council Member Hustace. Discussion? MS. VILLEGAS: Chair? Page 24 Hawaii County Council-8 March 7,2025 CHR. INABA: Council Member Villegas, go ahead. MS. VILLEGAS: Yes. And I hope it's okay, but Council Member Hustace, I just have a few questions on kind of the impetus or who—what farmers, what organizations, landowners, or whatnot—kind of put forth this request? We haven't had any real testifiers, so I'm just kind of a little bit wondering where this is initiating from. CHR. INABA: Council Member Hustace. MR. HUSTACE: Thank you, Council Member. As discussed in our last Committee meeting regarding Bill 23, the impetus was really from the numerous community meetings that Real Property Tax held across the County. And the ones that I've attended in North and South Kohala, there was sentiment to have greater time on a short-term dedicated side. And then also in conversations with Real Property Tax, it would give them a little bit more opportunity to review the applications that are coming through. Yeah. So a couple things there, a couple pieces with that, definitely with the administrative side; and then having the farmers and agriculturalists be more involved in their property, given a little bit longer time. MS. VILLEGAS: Okay. Thank you for that answer, Mr. Hustace. Ms. Miura, are you in the Hilo Chambers? No. CHR. INABA: We have Mr. Jo here in Hilo. He's approaching now. Go ahead, Council Member Villegas. MS. VILLEGAS: Fantastic. CHR. INABA: Go ahead, Council Member. MS. VILLEGAS: Aloha. Just wanted to confirm that this potential change and increase in this time frame is something that does in fact help and support Real Property Tax. (Note: At this time, Assistant Real Property Tax Administrator Keita Jo came forward to address the members of the Council.) MR. JO: Keita Jo, Assistant Administrator for Real Property Tax. To answer the question, having that longer time frame would definitely assist us in managing the applications. With that said, there were Council Members at the last hearing that brought up some concerns regarding compliance and ensuring that there's a reapplication process. So we don't want to put our needs before those of the public and the Council's wishes. So I just wanted to throw that out there. Page 25 Hawaii County Council-8 March 7,2025 MS. VILLEGAS: Thank you so much, Keita. Yeah. You know, there has to be a balance of what kind of imposed work gets put on you guys, you know, with benefit overweighing potential harm, and at a time when we are, I believe, highly sensitive to ensuring that, for just lack of a better term, those that have built mansions on ag land aren't manipulating the system in order to get tax benefits from that. So,just kind of trying to thread a needle here. Thank you. If I do remember, Council Member Kimball, you and Council Member Galimba had brought this forth as legislation to begin with and had navigated the three-year timeline and decided on that for a number of different reasons. Can you confirm if I am remembering correctly? CHR. INABA: Council Member Kimball. MS. KIMBALL: Yes, that's correct. MS. VILLEGAS: Okay. Okay, thank you. That's it for now. I yield. CHR. INABA: Thank you. Council Member Kimball, you have the floor. MS. KIMBALL: Yeah,just expanding upon Council Member Villegas's question and statement. You know, I think that when the agricultural bills were initially introduced there was a lot of confusion and concern about how people would comply. Now that the department has the FAQ (Frequently Asked Questions) sheet up and the farm plan template, which is a three-page document, I think there's a lot less concern. In the intervening period since Mr. Hustace introduced this bill, I did speak with the Cattlemen's, the East Hawaii Chapter of the Farmer's Union, and there wasn't a real strong feeling that this was necessary to expand it to the five years. Folks do like the flexibility of the three-year time frame just because they don't always know that their program is going to work out for the full five years. But I think to your point, the agricultural dedication benefits, short term or long term, do provide thousands of dollars in some cases of tax benefit and I just don't see it as overly burdensome to fill out a three-page form to ensure compliance in a three-year interval. So, as much as I appreciate Mr. Hustace for introducing this, I'm going to continue to suggest we keep it at the three-year interval. Thank you. CHR. INABA: Thank you, Council Member Kimball. Any further discussion? Council Member Galimba. MS. GALIMBA: Just reiterating the points that I made last time and following on Council Member Kimball. I do appreciate bringing up this discussion. And it's really not that big of a deal whether it's three or five, but I think there are a couple of reasons that the three is good. One of them is,providing a shorter time frame is actually helpful in certain situations where you're not sure what you're going to be doing with this land, or you're trying out agriculture. So you're not Page 26 Hawaii County Council-8 March 7,2025 committing to a full five years and then potentially getting yourself in trouble with rollback taxes. So it's just a better time frame for that kind of flexibility. But you know, three and five is not that big of a deal, so I guess that's why we're not seeing too many folks coming forward to testify. Thanks. We'll continue to prefer the three year. CHR. INABA: Thank you, Council Member Galimba. Further discussion on this matter? Council Member Hustace, how do you want to proceed? MR. HUSTACE: Thank you, Chair. I think we continue with the vote here. But I do appreciate the input and the thoughts from my colleagues. So thank you for your consideration. I appreciate working with Assistant Administrator and Administrator Miura. So thank you for your thoughts on this, trying to bring this forward and have this kind of(inaudible) conversation about what the community sees and how we work together with administration. So, thank you everyone. I appreciate your thoughts. Mahalo. CHR. INABA: Thank you, Council Member Hustace. Mr. Clerk, roll call vote, please. Vote on Bill 23: The motion to pass Bill 23, Draft 2, on first reading failed Draft 2 by the following roll call vote: Failed Ayes: Council Members Hustace, Kierkiewicz, Onishi, and Chair Inaba—4. Noes: Council Members Galimba, Kagiwada, Kimball, and Villegas —4. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. (Note: Due to the negative recommendation in Finance Committee Report No. 28, the report was adopted.) CHR. INABA: Thank you. Proceeding to Bill 27. Bill 27: AMENDS CHAPTER 2, ARTICLE 45, SECTION 2-235, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE GENERAL EXCISE AND USE TAX SURCHARGE Adds County-appropriated housing infrastructure costs and the definition of "Housing infrastructure costs"to use of funds to codify the Session Laws of Hawaii 2024, Act 30, which took effect on July 1, 2024. Reference: Comm. 119 Intr. by: Council Member Kierkiewicz and Council Member Inaba Approve: FC-29 Page 27 Hawaii County Council-8 March 7,2025 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 27 on first reading and adopt Finance Committee Report No. 29. Seconded by Mr. Hustace. CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. We had a robust discussion in Committee about taking advantage of the general excise tax that our County has the authority to currently leverage. Majority of that funding is going to supporting our Mass Transit Agency. And given conversations at the state legislature of maybe not extending this authority past 2030, I think it's really important that our County explore how we might leverage the tens of millions of dollars that this opportunity yields and to use that to invest in housing infrastructure, because we so desperately need affordable housing options on the market. So this bill allows the County to leverage this pot of funding. No commitment has been made yet but again, as we move through the budget process, this is something that the Office of Housing and Community Development can decide to leverage in partnership with Mayor Alameda and our Finance Director. Looking for everyone's continued support. Thank you, Chair. CHR. INABA: Thank you, Council Member Kierkiewicz. Further discussion on this matter? Seeing none, all those in favor please say "aye." Vote on Bill 27: The motion to pass Bill 27 on first reading and adopt (Approved) Finance Committee Report No. 29 was carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Bill 28: AMENDS CHAPTER 6, ARTICLE 2, SECTION 6-12, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PROHIBITED HIGHWAYS FOR COMMERCIAL BICYCLE TOURS Adds Old Mamalahoa Highway, from its intersection with Mauna Loa Street in Honoka`a to 46-4265 Old Mamalahoa Highway at the Department of Water Supply water tank. Reference: Comm. 121 Intr. by: Council Member Kimball Approve: PCPWMT-3 Page 28 Hawaii County Council-8 March 7,2025 (Note: Comm. 121.4, from Council Member Heather L. Kimball, dated February 27, 2025, transmitting a recommendation from Department of Public Works regarding Bill 28, was circulated.) Motion to Approve: Ms. Kimball moved to pass Bill 28 on first reading and adopt Policy Committee on Public Works and Mass Transit Committee Report No. 3. Seconded by Ms. Galimba. CHR. INABA: Council Member Kimball. MS. KIMBALL: Thank you. You'll note that in your pinkie folder is the memo from Director Ono with regard to the DPW position on this matter. I understand HPD (Hawai`i Police Department) is still discussing this and had some questions about enforcement, which we can talk about here if you'd like. But we don't have a formal memo from HPD or HDOT (Hawai`i Department of Transportation) at this point. So I would recommend that we keep it here. And they do have 45 days from the time that we sent them notice for request for their input. But I'm happy to have HPD and Director Ono speak to their position on this at this time first or take questions. CHR. INABA: Gentlemen, would you like to make any statement at this time? (Note: At this time, Public Works Director Hugh Ono and Police Major Jeremie Evangelista came forward to address the members of the Council.) MR. ONO: Well, we've heard testimony from the community. And looking at the road geometrics, really not suitable for that mix; an accident waiting to happen. So the question is whether you need to enact an ordinance to that effect or not. But we would be in favor of banning commercial vehicle tours on that section of roadway. CHR. INABA: Thank you, Director. Major, anything from you folks at this time? MR. EVANGELISTA: Hi, good morning. Major Jeremie Evangelista, Hawaii Police Department. The Police Department also supports Bill 28. We do offer the following comments: Chapter 6 is silent on who has enforcement responsibility for that Chapter. Article 2 of Chapter 6 has a provision that all penalties assessed under Article 2 are to go to the County's general fund. The Police Department's enforcement mechanisms of traffic citations go to the state. Those citations are processed by the judiciary and the fine monies are transferred to the state. So we would have a question on how to comply with enforcement of Article 2, Chapter 6. CHR. INABA: Thank you. Discussion by members? Council Member Hustace. Page 29 Hawaii County Council-8 March 7,2025 MR. HUSTACE: It's not very specific to the issue but it's a statement, Director, that I made at the last time we were in Committee on this. When this bill or ordinance was enacted, it spoke to a particular state highway as well. And I'd love your comments on, do we have the authority to put this sort of regulation on our state roadways. So for example, we have, the one that I'm in conversation with you, we have signage up now that, you know, when this bill went in, the sign didn't go up right away. But I followed up with you to make sure that the signage was on Akoni Pule Highway up to Pololu Valley. So that signage is out there now, and the community is grateful for that and your work doing that. But the Kohala mountain piece was also part of that legislation and that process, but that is a state highway. Do we have the authority to add that sort of County regulation on top of a state highway? MR. ONO: To my knowledge, I don't think so. But I cannot make the official interpretation on that. It's probably something for Corp. (Corporation) Counsel or the Attorney General's office. MR. HUSTACE: Okay. Well, that is something that we definitely need to figure out because it is sitting in that ordinance that that is a road that is regulated for no commercial bike tours. And so it's kind of sitting out in limbo. And if DPW can't perform any action on it, then the community's, you know, pounding their fists saying, "We don't want bikes in this area,"but we don't necessarily have the authority to do so in that space. So we need to kind of figure that piece out there. Thank you. CHR. INABA: Council Member Kimball. MS. KIMBALL: Yeah, thank you. Thank you both for being here and weighing in on the matter. You know, I do think the enforcement piece is something that we need to come back to on this. The language in that section of Chapter 6 indicates that any funding or any fines would go actually towards bicycle safety in this case. They would go to the general fund and go towards bicycle safety. But it is, as pointed out, silent on the actual enforcement entity. And so, I think it's important for us to consider revisiting this section of Chapter 6 and clarifying that aspect of it. In some ways, it makes sense that it would be HPD, but if that is the case that those funds then go to the state, then that's really not what we're intending to accomplish with this. So, I would be happy to maybe work with the original introducer, or actually that was Council Member (Cindy) Evans, isn't it. But I'm thinking about Council Member Kierkiewicz's contribution to this particular section and the rewrite of it. Perhaps we can look at that and have a discussion about the enforcement piece because it is, as you highlighted, not clear. CHR. INABA: Thank you, Council Member Kimball. Vice Chair Onishi. Page 30 Hawaii County Council-8 March 7,2025 MR. ONISHL Thanks, Chair. Question to Police. Enforcement wise, you folks have the manpower to enforce that distance of roadways? MR. EVANGELISTA: To answer your question, enforcement would be probably reactive. So it would be report-based, and we would be following up on citizen complaints. MR. ONISHL Correct. And then so you folks get the complaint; by the time the officer gets there, they might be finished already? MR. EVANGELISTA: That's certainly possible. MR. ONISHL Right. And so, I guess this needs to be really thought out because it's like a cat and mouse kind of game, right. And so we can have that, but if there's no enforcement or if the enforcement's going to be hard for the department, then the community's still going to be upset. And then they're going to want more things, or they're going to expect us to provide more services to that area. And so, it's something to think about because we can always put in legislation, but the bottom line is, one is funding and the other one is can we do it, right. Manpower. Thank you. CHR. INABA: Thank you, Vice Chair Onishi. Council Member Kimball. MS. KIMBALL: Yes. The one last comment that I would make is that I think that this particular ordinance acts more as a deterrent as opposed to something that's intended to catch people in the act and solicit those fines, right. We're really trying to identify and publicize these are the areas. So I still think that it's a valuable ordinance and I'd like to proceed. But I leave it to the body to determine if you're okay with, if you'd like to move it on. Actually, I'll make the motion to postpone until we have heard from HDOT because that's the only entity that we haven't had a response from. But if Mr. Onishi wants to make a comment first before I make that motion? MR. ONISHL Yes, one last comment. CHR. INABA: Okay. Vice Chair Onishi. MR. ONISHL Thanks, Chair. I'm not against it,just to make the record straight. I mean, I'm just looking at, you know, we've done so many things in the past and, you know, we put the burden upon police for enforcement or fire, whatever, or even Public Works. And I'm just saying that we've just got to look at that. I just wanted to make a comment. Thank you. CHR. INABA: Thank you. Council Member Hustace. Page 31 Hawaii County Council-8 March 7,2025 MR. HUSTACE: Thank you, Chair. Just a question to the body. When this piece was enacted, before this moved forward, was there a request initially from HDOT, state highways, and did they respond to this legislation? I thought Council Member Lee Loy requested that, from my recollection, but I don't know if HDOT responded to your inquiry. CHR. INABA: Council Member Kimball. MS. KIMBALL: I recall that HDOT responded to Council Member Evans' request for the specific area that has already been put in. I can't recall if there was a broader request to HDOT on the ordinance as a whole, but I don't I want to say that, Council Member, you're right that Council Member Lee Loy may have mentioned it in passing to Mr. Sniffen. And I'm not sure that there was anything formal. CHR. INABA: Alright. With that, before we take that motion,just reviewing that section of code, Council Member Kimball, did we actually submit an official request to Department of Transportation? We did? Okay. And that was based on a motion by the body? Okay. She indicated that that was correct. With that, I do want to highlight also that Section 6-15 states that the Director of Finance may adopt administrative rules as may be necessary to implement this article. So Deputy Director is here and that might be something that we need to talk further about. It looks like the admin rule provisions hint to the Finance Department. But with that, Council Member Kimball. Motion to Postpone: Ms. Kimball moved to postpone Bill 28 to March 19, 2025. Seconded by Ms. Galimba. CHR. INABA: Any discussion? Seeing none, all those in favor MR. ONO: May I add a comment before you vote? Just so you know, we can sign this,just like we did in the other places. We'll sign it right away so at least that will be a notification to the bikers that you're not supposed to use this for that. CHR. INABA: Thank you, Director Ono. Yes. And then just to the colleagues here, this section of code also requires signage be erected in those areas. With that, all those in favor of postponing Bill 28 to our March 19'h Council meeting, please say "aye." Page 32 Hawaii County Council-8 March 7,2025 Vote on Motion The motion to postpone Bill 28 to March 19, 2025, was to Postpone: carried by the following voice vote: (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. INABA: Mahalo again, Major and Director, for being here. You have a wonderful weekend, Director Ono. Bill 33: AMENDS ORDINANCE NO. 24-32, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR ENDING JUNE 30, 2025 Decreases revenues in the Transfer to Housing Fund account(-$451,221) and reduces the Housing Production account by the same amount to return funds that could not be applied towards the cost of building materials for two self-help affordable housing projects, due to those building projects being completed after the July 18, 2024, deadline. Reference: Comm. 162 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Waived: FC Vote on Bill 33: Ms. Kierkiewicz moved to pass Bill 33 on first reading. (Approved) Seconded by Ms. Kagiwada and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day(Second or Final Reading). (SECOND OR FINAL READING): Page 33 Hawaii County Council-8 March 7,2025 Bill 16: AMENDS ORDINANCE NO. 06-28, WHICH AMENDED SECTION 25-8-33 (Draft 2) (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED) BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-la) TO NEIGHBORHOOD COMMERCIAL (CN-20) AT PONAHAWAI, SOUTH HILO, HAWAI`I, COVERED BY TAX MAP KEY: 2-3-036:018 (POR) (Applicant: Kristin Frost Albrecht) (Area: 8 acres) The Windward Planning Commission forwards its favorable recommendation for the applicant's request for a ten-year time extension to Condition D (Complete Construction) for the development of the Hawaii Island Agricultural Innovation Park and Food Systems Campus. The property is located on the south side of Ponahawai Street, approximately 1,300 feet east of its intersection with Komohana Street, Ponahawai, South Hilo. Reference: Comm. 76.4 Intr. by: Council Member Kimball (B/R) First Reading: February 19, 2025 Motion to Approve: Ms. Kagiwada moved to pass Bill 16, Draft 2, on second and final reading. Seconded by Mr. Hustace. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: This is to help with The Food Basket's agricultural park. We've had some good discussions on it, and I'm looking forward to seeing it happen. Thanks. CHR. INABA: Thank you. Alright. Checking in, I see that our spelling error is still here in the word Ponahawai. MR. HENRICKS: That's the corrected way. CHR. INABA: Pono? MR. HENRICKS: It's Pona. Oh, you mean on the bill? CHR. INABA: Yes. MR. HENRICKS: We'll adjust that, assuming this passes second and final reading, prior to sending it to the Mayor for his approval. Sorry. I thought you were referring to the agenda. You're correct; it is still incorrect on the bill itself. CHR. INABA: Thank you. All those in favor of approving Bill 16, Draft 2, for the rezoning at Ponahawai, please say "aye." Page 34 Hawaii County Council-8 March 7,2025 Vote on Bill 16: The motion to pass Bill 16, Draft 2, on second and final Draft 2 reading was carried by the following voice vote: (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Bill 25: AMENDS ORDINANCE NO. 24-32, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR ENDING JUNE 30, 2025 Appropriates revenues in the Animal Control Private Contributions account ($2,000); and appropriates the same to the Animal Control account. Funds would be used for travel expenses for an Animal Control and Protection Agency staff member to attend the 2025 Best Friends National Conference. Reference: Comm. 112 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) First Reading: February 19, 2025 Vote on Bill 25: Ms. Galimba moved to pass Bill 25 on second and final (Approved) reading. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. Bill 26: AMENDS ORDINANCE NO. 24-32, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR ENDING JUNE 30, 2025 Increases revenues in the Federal Grants —Housing Choice Emergency Voucher Program account($250,000); and appropriates the same to the Housing Choice Emergency Housing Voucher Program account, for a total appropriation of $1,650,000. Funds would be used for housing assistance payment costs for the Emergency Housing Voucher Program. Reference: Comm. 113 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) First Reading: February 19, 2025 Page 35 Hawaii County Council-8 March 7,2025 Vote on Bill 26: Ms. Kagiwada moved to pass Bill 26 on second and final (Approved) reading. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba— 8. Noes: None. Absent: Council Member Kaneali`i-Kleinfelder— 1. Excused: None. 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. (Note: At this time, Council Members made announcements regarding community events, activities, and other unofficial business.) ADJOURN- There being no further business, Chair Inaba adjourned the meeting at 10:31 a.m. MENT: MAY 0 7 2025 Council Approval: RK JH/tk Page 36