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HomeMy WebLinkAboutMIN COUNCIL 2025-07-09 2024-2026 Hawaii County Council 181h Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii July 9, 2025 INVOCATION: Pastor Robert Frick of Puna Covenant Church gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 11:02 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 Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member Ms. Heather L. Kimball, Member Ms. Rebecca Villegas, Member PLEDGE OF The Chair directed the Council to the next order of business, Pledge of ALLEGIANCE: Allegiance. (At this time, Deputy County Clerk Aaron Brown led the Council in the Pledge of Allegiance.) PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions, MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (Note: At this time, Mr. Inaba presented the July 2025 Haweo Award to EXPRESSIONS OF Accountant Keiko Furukawa of the Hawaii Fire Department.) CONDOLENCE: Recess: At 11:14 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 11:16 a.m. Hawaii County Council-18 July 9,2025 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: Renee Godoy: Res. 229-25 (Comm. 367), in support. (representing Friends of First Responders) Jon Olson: GOEAC-48 (Comm. 352), 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 April 16, 2025, were approved. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. GOEAC-44 NOMINATION OF ABEL P. AQUINO TO THE GAME MANAGEMENT (Comm. 348): ADVISORY COMMISSION Requires Council Confirmation by: July 12, 2025 (Section 13-4(k), Hawaii County Charter) Vote on GOEAC-44: Ms. Kierkiewicz moved to adopt Governmental Operations (Adopted) and External Affairs Committee Report No. 44. Seconded by Ms. Kagiwada and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. GOEAC-45 NOMINATION OF TAYLOR SPURGEON TO THE KA`U COMMUNITY (Comm. 349): DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: July 12, 2025 (Section 13-4(k), Hawaii County Charter) Page 2 Hawaii County Council-18 July 9,2025 Vote on GOEAC-45: Ms. Kierkiewicz moved to adopt Governmental Operations (Adopted) and External Affairs Committee Report No. 45. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. GOEAC-46 NOMINATION OF GILBERT J. AGUINALDO TO THE MERIT APPEALS (Comm. 350): BOARD Requires Council Confirmation by: July 12, 2025 (Section 13-4(k), Hawaii County Charter) Vote on GOEAC-46: Ms. Kierkiewicz moved to adopt Governmental Operations (Adopted) and External Affairs Committee Report No. 46. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. GOEAC-47 NOMINATION OF RAYMOND J. KIRCHNER TO THE KONA COMMUNITY (Comm. 351): DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: July 12, 2025 (Section 13-4(k), Hawaii County Charter) Vote on GOEAC-47: Ms. Kierkiewicz moved to adopt Governmental Operations (Adopted) and External Affairs Committee Report No. 47. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Page 3 Hawaii County Council-18 July 9,2025 GOEAC-48 NOMINATION OF STEPHANIE BATH TO THE PUNA COMMUNITY (Comm. 352): DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: July 12, 2025 (Section 134(k), Hawaii County Charter) Vote on GOEAC-48: Ms. Kierkiewicz moved to adopt Governmental Operations (Adopted) and External Affairs Committee Report No. 48. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Res. 214-25: AUTHORIZES THE PAYMENT OF FUNDS OF LATER FISCAL YEARS TO ENTER INTO A MULTI-YEAR AGREEMENT FOR ESRI SOFTWARE FOR THE DEPARTMENT OF INFORMATION TECHNOLOGY Authorizes the Mayor to enter into a three-year agreement with an approximate annual cost of$180,400 plus taxes, to provide Geographical Information Systems (GIS) server components and configurations, desktop software, and ArcGIS online capabilities for GIS,permit systems, and emergency services for various departments countywide. Reference: Comm. 336 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-68 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 214-25 and Finance Committee Report No. 68. Seconded by Ms. Villegas. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: No discussion. Thank you. CHR. INABA: Thank you. We do have Director for IT (Information Technology) here. Director Stone, could you please come forward? This was waived from Committee, so if you could please provide an overview to the Council before approval. Page 4 Hawaii County Council-18 July 9,2025 (Note: At this time, Information Technology Director Corey Stone came forward to address the members of the Council.) MR. STONE: Hello. Corey Stone, IT Director. Thank you folks for looking at the multiyear agreement for our ESRI contract. Basically, the multiyear does allow us to get a lot of discount and help for having it be for the multiyear instead of an annual. So I really appreciate your assistance. CHR. INABA: Thank you, Director Stone. And I lied, it wasn't waived. Apologies. All those in favor of approving Resolution 214-25, please say "aye." MS. VILLEGAS: One second. Chair? I just had one quick question, Director Stone. MR. STONE: Yeah. MS. VILLEGAS: Does the Department of Water Supply have access then to utilize this software? MR. STONE: Some of it. We are working with a lot of the agencies that have different connections, and we are working on trying to get a lot of them on with our system. So that is something that we are working on. MS. VILLEGAS: Great. Thanks. I'd love to see that GIS (Geographic Information System) utilized with that division as well. Thank you. CHR. INABA: Thank you. And yes, they do have their GIS that they're working on right now that they'll be back to us shortly with. Any further discussion? Seeing none, all those in favor of approving Resolution 214-25, please say "aye." Vote on Res. 214-25: The motion to adopt Res. 214-25 and Finance Committee (Adopted) Report No. 68 was carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Page 5 Hawaii County Council-18 July 9,2025 Res. 215-25: AUTHORIZES THE MAYOR TO ENTER INTO A FIVE-YEAR LICENSE AGREEMENT WITH THE TRUSTEES OF THE ESTATE OF BERNICE PAUAHI BISHOP FOR THE CONTINUED OPERATION AND MAINTENANCE OF A NON-MANNED COMMUNICATIONS FACILITY WHICH INCLUDES A THREE HUNDRED FOOT TOWER Authorizes the Mayor to enter into a five-year agreement with an approximate annual cost of$5,000 plus taxes, to operate and maintain the Kulani Cone radio tower and facility at Keauhou, Ka`u. Reference: Comm. 337 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-69 Vote on Res. 215-25: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 215-25 and (Adopted) Finance Committee Report No. 69. Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Res. 217-25: AUTHORIZES INDEMNIFICATION OF FORMER EMPLOYEES OF THE COUNTY WHO ARE NAMED AS INDIVIDUAL DEFENDANTS IN THE LAWSUIT KNOWN AS JOSEPHINE T. W. BISHOP, ET AL. V. COUNTY OF HAWAI`I ET AL. AGAINST ALL DAMAGES ASSESSED THEREIN AND MAKING OTHER FINDINGS IN ACCORDANCE WITH SECTION 2-188 OF THE HAWAI`I COUNTY CODE Provides indemnification for former Hawaii Police Department police officers Justin Gaspar and Chad Taniyama for an incident that occurred on or around March 10, 2023. Reference: Comm. 338 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-70 Page 6 Hawaii County Council-18 July 9,2025 Vote on Res. 217-25: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 217-25 and (Adopted) Finance Committee Report No. 70. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Res. 225-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR PARK MAINTENANCE AND/OR IMPROVEMENT PROJECTS IN COUNCIL DISTRICT 7 Transfers $31,669.65 from the Clerk-Council Services —Contingency Relief account(Council District 7); and credits to the Department of Parks and Recreation, Transfer to Capital Projects Fund-General account. Reference: Comm. 357 Intr. by: Council Member Villegas Motion to Approve: Ms. Villegas moved to adopt Res. 225-25. Seconded by Ms. Galimba. CHR. INABA: Council Member Villegas. MS. VILLEGAS: Just ask for my colleagues' support. I'm grateful for Parks and Rec (Recreation). They have a number of projects happening in District 7 in our parks where these resources will be helpful. But also want to acknowledge there were some challenges in the last year in getting CRF (Contingency Relief Funds) out to organizations. I really want to encourage the organizations asking for funding, please follow up. It's about a three-month process, and we have to get all the paperwork, all the legal documents, approval for the specific spends. But I know for me and my office we would've liked for some of these funds to go to more specific things. Very grateful. It's still a phenomenal investment in our Parks and Rec facilities in Kona. But just want to encourage the organizations looking for funding to really allow more lead time, and to continue to follow up with the documents that we need in order to process these effectively, efficiently, and responsibly as this is taxpayer money we're allocating. I yield. CHR. INABA: Thank you. Vice Chair Onishi. MR. ONISHL Thank you, Chair. Deputy Director Samura, you can come up please. I have a question. You can introduce yourself. Page 7 Hawaii County Council-18 July 9,2025 (Note: At this time, Parks and Recreation Deputy Director Melissa Samura came forward to address the members of the Council.) MS. SAMURA: Aloha, everybody, Council Chair Inaba, Vice Chair Onishi, and the rest of the County Council Members here. Melissa Samura, Deputy Director, Department of Parks and Recreation. MR. ONISHL This is really great. Is this for this past fiscal or this is upcoming? MS. VILLEGAS: This is what was left of my CRF funds from fiscal year 2024-2025. MR. ONISHL Good, okay. Good to know that. Okay, because I've given Parks funding too, like one for the metal bins, right, for Alae Cemetery and for other places. Also, I gave some funding for the fencing for supplies and so forth for them. And so I've seen sometimes when we give like this last-minute funding to the department and specifying for certain projects, but it doesn't really happen. And so I don't know if these funds roll back into general funds, or do you folks keep it separate and it will be used for the specific projects that we put down? MS. SAMURA: I would—so I'm not sure about what the past administrators do. But typically, it does go to where it's supposed to go. But I can follow up with that and check in on it. MR. ONISHL Please. Yeah. And if you can, I guess, send an email to all the Council Members so we know what's going on. So especially about the funding, like if the funding does stay in your guys' accounts for like this fiscal year already, right, because then usually it starts at zero again or whatever, right. And so but we're giving you folks this extra money, which was supposed to be spent last fiscal. But if you folks didn't, then what happens to that funds; does it roll over? MS. SAMURA: Okay. We can check on that. We'll check with Finance and Finance Director too; us, in our office, our Business Manager, for her to check. MR. ONISHL Yeah. Okay, sounds good. You can let us know. Thank you. MS. SAMURA: You're welcome. That's it? CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I have one question for you. Is your name on your shirt, on the side of your shirt? MS. SAMURA: Yes. Page 8 Hawaii County Council-18 July 9,2025 MR. KANEALI`I-KLEINFELDER: Is that a County shirt? MS. SAMURA: No. MR. KANEALI`I-KLEINFELDER: I like that. MS. SAMURA: You like it? We can talk story later. MR. KANEALI`I-KLEINFELDER: Okay. Thank you. MS. SAMURA: Personal. Yeah. Thank you. CHR. INABA: Council Member Villegas, can we—we're going to take a quick five-minute recess before we take the vote on this. I just want to confirm some things. Thank you. Five-minute recess; we'll be back at 11:40 (a.m.). Recess: At 11:34 a.m., the Chair called for a recess. Reconvene: The meeting reconvened at 11:40 a.m. Vote on Motion to Mr. Onishi moved to table Res. 225-25. Seconded by Table: Ms. Kagiwada and carried by the following voice vote: (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Res. 226-25: APPROVES THE FISCAL YEAR 2026 PROPOSED OPERATING BUDGET FOR THE HAWAI`I STATE ASSOCIATION OF COUNTIES Reference: Comm. 360 Intr. by: Council Member Kimball Waived: GOEAC Motion to Approve: Ms. Kimball moved to adopt Res. 226-25. Seconded by Ms. Galimba. CHR. INABA: Council Member Kimball. MS. KIMBALL: Yes. Thank you. Happy to answer any questions to the attached budget. And then following the attached budget are descriptions of each item and anything that has changed for the HSAC (Hawai`i State Association of Counties) budget. It's in the HSAC bylaws that the budget be approved by each Page 9 Hawaii County Council-18 July 9,2025 council. I should note that the HSAC budget, unlike our County budget, is not required to be balanced. We do have a significant revenue income from our conference, but that's always highly flexible between when it's held and which county. So happy to answer any questions. CHR. INABA: Thank you. Any discussion? Vice Chair Onishi. MR. ONISHL Thank you, Chair. To Ms. Kimball, please? CHR. INABA: Yes. MR. ONISHL So when we went to, I guess, the NACo (National Association of Counties) board in Sonoma in December, the WIR, the Western Interstate Region, had been discussing about HSAC paying 100 percent of their dues instead of that small portion. So what was the outcome of that? MS. KIMBALL: That passed. So we are going to have to pay the full dues, but it's only like an additional $500 increase from what I understand from Erroll. MR. ONISHL Is that it? MS. KIMBALL: Yes. MR. ONISHL Because, okay, so then the dues are $3,800? MS. KIMBALL: Yeah, and it includes that increase. MR. ONISHL That's the total increase? MS. KIMBALL: Yes. MR. ONISHL And prior to that was like $3,300? MS. KIMBALL: Yeah. MR. ONISHL Because, the way they were saying that we were paying really less than everybody else. MS. KIMBALL: That's what I thought from the original conversations with Erroll. But when they gave us the new bill, it was only the $3,800. MR. ONISHL Okay. Thank you. I yield. CHR. INABA: Thank you. Any further discussion? Seeing none, all those in favor of approving Resolution 226-25, please say "aye." Page 10 Hawaii County Council-18 July 9,2025 Vote on Res. 226-25: The motion to adopt Res. 226-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Res. 228-25: 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 BIG ISLAND DANCE COUNCIL FOR ITS 50TH ANNIVERSARY DANCE EXTRAVAGANZA Transfers $3,049 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 366 Intr. by: Council Member Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 228-25. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you. Just looking for your support for this 50'h anniversary dance extravaganza. Thank you. CHR. INABA: Thank you. All those in favor, please say "aye." Vote on Res. 228-25: The motion to adopt Res. 228-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Page 11 Hawaii County Council-18 July 9,2025 Res. 229-25: 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 ISLAND OF HAWAI`I YMCA FOR ITS FIRST RESPONDERS' KIDS' DAY CAMP Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 367 Intr. by: Council Member Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 229-25. Seconded by Mr. Hustace. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. Just Chaplain (Renee) Godoy did a really good job at sharing how special and important this camp for first responders' kids is going to be. And I'm very happy to be able to support, and looking for all of your support. Thank you. CHR. INABA: Vice Chair Onishi. MR. ONISHL Yeah. Thank you, Chair. Question to Ms. Kagiwada,please. CHR. INABA: Yes. Go ahead. MR. ONISHL So would you know how many participants they're going to be having? MS. KAGIWADA: How many what? MR. ONISHL How many participants are they accepting? MS. KAGIWADA: I believe 40 is what she said. MR. ONISHL Forty, okay. And last question. It went through Parks and Rec; it wouldn't be like through Fire or Police? MS. KAGIWADA: We just ended up doing it that way. MR. ONISHL Okay. MS. KAGIWADA: It can go through many different ones, but yeah, that's what we ended up doing. Page 12 Hawaii County Council-18 July 9,2025 MR. ONISHL Okay. Thank you. MS. KAGIWADA: Okay, thanks. MR. ONISHL I yield. CHR. INABA: Thank you. All those in favor of approving Resolution 229-25, please say "aye." Vote on Res. 229-25: The motion to adopt Res. 229-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Res. 230-25: 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 HILO DOWNTOWN IMPROVEMENT FOUNDATION FOR ITS 4TH OF JULY BLOCK PARTY Transfers $1,860 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 368 Intr. by: Council Member Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 230-25. Seconded by Mr. Hustace. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you. I wasn't able to make it down, but I heard that this first-time event by the Hilo Downtown Improvement Association for their July 4 h block party was a wonderful success. And I think they'll plan to do it again. I'm really happy that we could support. So looking for your support. Thank you. CHR. INABA: Thank you. All those in favor, please say "aye." Page 13 Hawaii County Council-18 July 9,2025 Vote on Res. 230-25: The motion to adopt Res. 230-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Res. 231-25: 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 HILO DOWNTOWN IMPROVEMENT FOUNDATION FOR ITS 4TH OF JULY BLOCK PARTY Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 369 Intr. by: Council Member Kimball Motion to Approve: Ms. Kimball moved to adopt Res. 231-25. Seconded by Mr. Hustace. CHR. INABA: Council Member Kimball. MS. KIMBALL: Yes. Just happy to join my colleague, Council Member Kagiwada, in supporting this first-of-its-kind event, which I think was very successful. Thank you. CHR. INABA: Thank you. All those in favor of approving Resolution 231-25, please say "aye." Vote on Res. 231-25: The motion to adopt Res. 231-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): Page 14 Hawaii County Council-18 July 9,2025 Bill 58: AMENDS THE PARKS AND RECREATIONAL FACILITY SCHEDULE, CHAPTER 15, ARTICLE 8, SECTION 15-68.1, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY RENAMING KAUMANA LANI PARK AS "YET SUNG CHANG PARK" IN HONOR OF YET SUNG CHANG Reference: Comm. 302 Intr. by: Council Member Kagiwada Approve: PCHSW-1 Postponed: June 18, 2025 (Note: There is a motion by Council Member Kagiwada, seconded by Council Member Onishi, to pass Bill 58 on first reading.) CHR. INABA: Thank you. Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. We have Deputy from Parks and Rec, Deputy Samura, here to answer some questions. I think one of my colleagues had some questions about if there were some cultural issues around renaming this park for the resident here who donated the land. And if there were any concerns that we might have, I believe, Deputy Samura, if you want to just share a little bit about the Parks' position on this and what you found out. (Note: At this time, Parks and Recreation Deputy Director Melissa Samura came forward to address the members of the Council.) MS. SAMURA: Aloha, everybody. Melissa Samura, Deputy Director, Department of Parks and Recreation. So you know what, that is a good question because I had—regarding maybe people having some concerns to that, which we will need to look into because one of my thoughts there MS. KAGIWADA: I'm sorry. I thought you already spoke with your culture and education person Lori Lei (Katahara). She called our office and gave us but she didn't have a chance to speak with you about it? MS. SAMURA: And I think it's because Clayton and I, we do cross. MS. KAGIWADA: Oh, right. Because Clayton was going to come and then he couldn't. MS. SAMURA: Yeah. But we are definitely in support. MS. KAGIWADA: Yeah. And just so you know, Lori Lei did let me know that she spoke to Kumu Kimo from the area and that he said that he saw no concerns or contradictions in renaming the park. Page 15 Hawaii County Council-18 July 9,2025 MS. SAMURA: Thank you for that. I apologize for the Director and I always going separate ways. MS. KAGIWADA: No, no, that's okay. Please go ahead. MS. SAMURA: But anyways, we do support this Bill 58. So one of the things I did want to share is that when people donate lands, and they donate it to the County and we are able to receive it in our department, you know, the Department of Parks and Recreation is all about fun, right? And it's about providing recreational activities for kids all the way to kupuna. And what is important with these lands is what we do with it for the kids. Being a parent myself, growing up in Parks and Rec was really important for me to be participating in these activities offered by the department, but also seeing the transition of the kids in participating in these programs that help them to deal with the pressures which shape them to be great young adults, and adults also. So we appreciate any type of land that is donated to us so that we can be charged with making it the best that we can. And we also thank community-minded leaders for their willingness to share the same vision that we do in our department. So we do support it. And also, I wanted to also share that place names is important too. And it brings to mind Spencer Park and it's at Ohaiula. So that is something that we can think when we're making or we're dedicating a new park and we're looking at the names or we're renaming a park, that we do consider the place names. That may be something we can add so that we don't lose the place names and what it's meant to remind us. If that can be a consideration moving forward too. But on behalf of the Department of Parks and Recreation, we support this bill. Thank you. MS. KAGIWADA: Thank you, Deputy. That's a wonderful sentiment and a really good way to acknowledge both community members who do give so generously, but also continue place names if they are culturally important. So thank you. I really appreciate you bringing that forward. I don't have any other questions. Just looking for support to rename Kaumana Lani Park in honor of Yet Sung Chang, who gave the land for this park; donated it to our Parks and Rec and our County. And it is a really nice community neighborhood park there that really does serve. It's busy a lot of times. I've been by it quite often and it's really you see all sorts of people, kupuna walking, keiki, people walking their dogs, people doing exercise. So it's a well-used small park. MS. SAMURA: If I can add too. Let us know or we can work on a date for the re-opening. We always like to celebrate, and we have the resources to have activities there for the community and everybody—all the other guests that will come. Thank you. Page 16 Hawaii County Council-18 July 9,2025 MS. KAGIWADA: Thank you. I will just also say we have the daughter of Yet Sung Chang here, Carol Delima. If anybody has questions for her, she is also in attendance. Thank you and looking for your support. CHR. INABA: Thank you. Vice Chair Onishi. MR. ONISHL Yeah. Thank you, Chair. And just a note that my district is purchasing a 3D printer for your carpentry shop to make the signs much better and faster. So that could be one of the projects; when we name it, they can use the new equipment. MS. SAMURA: Thank you. MR. ONISHL Yeah. CHR. INABA: Council Member Kimball? Any other discussion? Seeing none, all those in favor of passing Bill 58 at first reading,please say "aye." Vote on Bill 58: The motion to pass Bill 58 on first reading and adopt Policy (Approved) Committee on Health, Safety, and Well-being Committee Report No. 1 was carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. 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): Bill 59: AMENDS CHAPTER 24, ARTICLE 9, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PEDESTRIANS Prohibits receiving, soliciting, delivering, or offering goods or services while in a street; provides penalties. Reference: Comm. 303 Intr. by: Council Member Inaba First Reading: June 18, 2025 (Note: Comms. 303.1 and 303.2, from Council Member Heather L. Kimball dated July 1, 2025, transmitting proposed amendments to Bill 59, were circulated.) Page 17 Hawaii County Council-18 July 9,2025 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 59 on second and final reading. Seconded by Ms. Villegas. CHR. INABA: Council Member Kimball has some amendments. MS. KIMBALL: Thank you. I'll start with the easier one of the two. Motion to Amend: Ms. Kimball moved to amend Bill 59 with the contents of Comm. 303.2. Seconded by Ms. Galimba. CHR. INABA: Council Member Kimball. MS. KIMBALL: Yes. So the numbers that you see being replaced in here come from a schedule that was provided by Corporation Counsel that aligns the dollar values with what their calculation is in terms of community service hours. So it's based on minimum wage. So it brings parity between the number of hours to the amount, and this was mentioned in the previous hearing. Sorry for waiting till now to get it through. CHR. INABA: Thank you. Any questions? Council Member Kagiwada. MS. KAGIWADA: Just want to thank Council Member Kimball for doing this and thinking about equity and parity here for people who can afford to pay for the fines and people who cannot. So thank you for doing that work. I support. CHR. INABA: Thank you. All those in favor of amending Bill 59 with the contents of Communication 303.2,please say "aye." Vote on Motion to The motion to amend Bill 59 with the contents of Amend: Comm. 303.2 was carried by the following voice vote: (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Page 18 Hawaii County Council-18 July 9,2025 Vote on Motion to Ms. Kimball moved to suspend Council Rule 23 to waive Suspend Council the holdover for the substantive amendment of Bill 59. Rules: Seconded by Ms. Galimba and carried by the following (Approved) voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Motion to Amend: Ms. Kimball moved to amend Bill 59 with the contents of Comm. 303.1. Seconded by Ms. Galimba. CHR. INABA: Council Member Kimball. MS. KIMBALL: Yes. So this was in response to just a thought that I had and some concerns raised by Council Member Galimba about the right of way easement for roadways not necessarily being a clear delineation for folks, in terms of either complying with this law or for enforcement purposes. So this amendment proposes going back to a roadway. So the definition of a roadway means that portion of a highway improved, designed, or ordinarily used for vehicular travel exclusive of the berm or shoulder. And there's some more language to roadways as opposed to a street, which is defined as, excuse me for one second here—"street" means the entire width between the boundary lines of every way subject to this chapter when any part thereof is open to the use of the public for the purposes of vehicular travel. So this amendment proposes using the actual vehicular area and then establishing a 15-foot buffer from that vehicular area, rather than using the entire boundary way, which may or may not be clear or the same or consistent across the County. CHR. INABA: On the amendment? Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Just so I'm clear, the way I would read this; no person may enter or remain within 15 feet of roadway, which means you can't stand off to the side of a roadway, but not in the roadway. That's how I read this. Does anybody else read it like that? CHR. INABA: I don't know if we can take a general question like that to all the members. MR. KANEALI`I-KLEINFELDER: Or just maybe to the maker. Can you read this in two ways? Because I read this that I'm not allowed to stand within 15 feet of, meaning 15 feet removed from. Page 19 Hawaii County Council-18 July 9,2025 MS. KIMBALL: Correct. So in the roadway or within 15 feet of the roadway. So you would be required to stand at least 15 feet away from the roadway. MR. KANEALI`I-KLEINFELDER: But I don't read it as I cannot be in the roadway. MS. VILLEGAS: May I, Chair? CHR. INABA: Council Member Kaneali`i-Kleinfelder, do you want to ask a question of Corporation Counsel, or we have Major Evangelista here from HPD (Hawai`i Police Department)? MR. KANEALI`I-KLEINFELDER: Yeah, maybe. Sylvia, is this you? Or DCC (Deputy Corporation Counsel) Wan, please. Just so I'm not being crazy, which is not abnormal. (Note: At this time, Deputy Corporation Counsel Sylvia Wan came forward to address the members of the Council.) MS. WAN: Deputy Corporation Counsel Sylvia Wan. I'll just note I am standing in for Deputy Corporation Counsel Dakota Frenz at this time. MR. KANEALI`I-KLEINFELDER: Okay. Thank you. Did you hear my question? MS. WAN: I did understand your question, and I think it goes more towards statutory construction. So you're wondering is the "may enter or remain," if the modifier "within 15 feet of a roadway," if that modifies both enter and remain; is that what the question is going towards? MR. KANEALI`I-KLEINFELDER: I guess in the DCC world,yes. In my common sense world, to me this means I can't be within 15 feet of the roadway. But I think the purpose here is to stop people from being in the road, and away from the road. MS. WAN: The way that I read this, and this is me using my legal hat, right, as a lawyer; the way that I read this is no person may enter or remain within 15 feet of the roadway. So this provides, as suggested, it provides a 15-foot buffer from the roadway. So you'd have to stand at least 15 feet back away from the roadway. So you can't enter or remain within 15 feet of the roadway. MR. KANEALI`I-KLEINFELDER: Could I stand in the road? MS. WAN: No. I wouldn't think so because you can't even enter that portion to get to the road. Does that make sense? Page 20 Hawaii County Council-18 July 9,2025 MR. KANEALI`I-KLEINFELDER: But what if I bypass that 15 feet of the roadway and stood in the road? I mean, which is stupid, but I mean that's where people are standing right now is in the roadway or in the median between the roadways. MS. WAN: I mean, if you wanted to be extra explicit. But you would've had to already have entered that 15-foot buffer to get into the roadway. MR. KANEALI`I-KLEINFELDER: I could walk that—and just a little latitude, pleaseI could walk that as a pedestrian, like anybody else could, on the shoulder? MS. WAN: Are you within a sidewalk? I guess that gets kind of into some other overlapping laws that would otherwise govern the situation that you're talking about. MR. KANEALI`I-KLEINFELDER: Agreed. MS. WAN: So if the question is just for this amendment, it's you cannot enter or stay within 15 feet of the roadway. MR. KANEALI`I-KLEINFELDER: So I cannot enter the roadway, and I cannot be within 15 feet of the roadway. Two separate ideas but all in one. MS. WAN: Yes. Because the way this is constructed, you would have to enter within that 15-foot buffer in order to get to the roadway. MR. KANEALI`I-KLEINFELDER: Okay. MS. WAN: That is how my legal brain is interpreting it at this moment. Okay. Thank you. MR. KANEALI`I-KLEINFELDER: Thank you. MS. WAN: Oh, I'm sorry. (Inaudible.) MR. KANEALI`I-KLEINFELDER: No, that's fair. Thank you. As long as Corporation Counsel is in agreeance with the maker and then the original intent is keeping people out of the roads. MS. WAN: The way that I'm reading it as it's currently constructed, that is how I interpret it. Yes. MR. KANEALI`I-KLEINFELDER: Okay. Thank you very much, DCC. CHR. INABA: Vice Chair Onishi. Page 21 Hawaii County Council-18 July 9,2025 MR. ONISHL Thank you, Chair. So roadway MS. WAN: Yes. MR. ONISHL It's the end of the shoulder? MS. WAN: So that is going to be otherwise defined within the statute. I don't have that definition pulled up in front of me. I believe Council Member Kimball did read it into the record. So I'm sorry; I don't have that on hand. MR. ONISHL So, Ms. Kimball? Because you're talking about that buffer, right? MS. KIMBALL: So a roadway means that portion of a highway improved, designed, or ordinarily used for vehicular travel exclusive of the berm or shoulder. And then a street, if I may, is defined as the entire width between boundary lines of every way subject to this chapter when any part thereof is open to use of the public for purposes of vehicular travel. MR. ONISHL Okay. So in your district, like if you're coming from Hilo to, say, Honoli`i, on the right side there's that open area before Alae Cemetery. So as long as they're 15 feet outside of that boundary, those vendors would be okay. MS. KIMBALL: This, I believe, only applies to County roadways and that's a State highway. MR. ONISHL Oh, only County; so not state? MS. KIMBALL: Yeah. MR. ONISHL So for example then, okay, so the intersection right down here with Kam (Kamehameha) and Pauahi MS. WAN: I'm sorry but I can't—my brain doesn't have the traffic schedules just listed. So I'm not sure if that's a County intersection or if it is a State intersection. But assuming that it's a County intersection, then yes, this would apply. MR. ONISHL Okay. And then like Maka`ala and Kanoelehua? MS. WAN: I would have to defer to the same because I think one is a State, and one is a County. MR. ONISHL Major,you might know? Because that's State; Kanoelehua is a State highway, right? MS. WAN: Yes. Page 22 Hawaii County Council-18 July 9,2025 MR. ONISHL And Maka`ala is DHHL (Department of Hawaiian Home Lands), right? MS. WAN: Okay. So if it is State roadways, then the State law is going to be the governing factor. MR. ONISHL And then that's where the vendors are, or these solicitors, right? Like Puainako Street. (Note: At this time, Police Major Jeremie Evangelista came forward to address the members of the Council.) MR. EVANGELISTA: Hi. Good morning, Council. Major Jeremie Evangelista, Hawaii Police Department. So what stands before us, Bill 59, is a County ordinance. And so yes, that would be enforceable on County roadways as the amendment reads. State has probably a different set of laws, or there are laws that are specific to State highways, State roadways. I'm very sorry, I would also have to refer to the definitions in the State traffic code. MR. ONISHL No problem. But I just was wondering, because then I see a lot at those intersections I mentioned, right, Puainako, Maka`ala, right down here on Kam. So police wouldn't be able to enforce for this code that we're talking about. MS. WAN: So if you would like me to do further research on that, I can because it really depends on where the State laws end as far as what they're governing as to the activity. Because if this particular ordinance goes further, it may still apply. But I have not done that research so I cannot opine at this time. MR. ONISHL Okay. Thanks. That would be great. Thank you. I yield. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: My interest is very piqued right now because we, although they're State highways, we still enforce laws with our County officers. And then the roadway doesn't defer between State or County, right, in this bill? MS. WAN: That's correct. So again, it just depends on what is the specific activity. And if there is overlap between the State and County law, and I'm just saying as far as supremacy of laws, the State law would prevail if there's a conflict. MR. KANEALI`I-KLEINFELDER: We can be more stringent in our lawmaking than the State? MS. WAN: Yes. That is correct. Page 23 Hawaii County Council-18 July 9,2025 MR. KANEALI`I-KLEINFELDER: So potentially we could MS. WAN: As long as there's not a direct conflict. MR. KANEALI`I-KLEINFELDER: Interesting. MS. WAN: How do I say this; if they're saying yes and then you say no. MR. KANEALI`I-KLEINFELDER: But if they say yes. MS. WAN: But if they're explicitly saying yes and you're explicitly saying no. MR. KANEALI`I-KLEINFELDER: If they allow for counties to do so and then we create more stringent laws, then we can. MS. WAN: Yes. MR. KANEALI`I-KLEINFELDER: That's very interesting. I can think of a number of places that are State highways where I'd want this law to apply, especially here in Hilo. MS. WAN: I'm not going to go that far at this point in time. But I'm just talking about the supremacy of laws generally and not as to specific application at this point in time. MR. KANEALI`I-KLEINFELDER: Okay. Thank you. CHR. INABA: Council Member Kimball. MS. KIMBALL: Yeah. I just want to summarize just back to the amendment, and maybe it'd be great for you to weigh in. The idea here is that with a street, the boundary lines are on paper, right? Whereas, defining 15 feet from the vehicular roadway, that is something that HPD would be easily able to determine, and folks in the area would be able to determine that they're not within the boundary lines; whereas if it's just something that's on a map. And I brought this up because I have examples in my district where the road is not in the right of way; it's actually off to a side. And so a person wouldn't necessarily know that they were in the way that is defined within the definition of a street. So that's the purpose of this amendment. And if you want to weigh in in terms of enforceability, or your thoughts on it. I did not confer with HPD; I will acknowledge that. MR. EVANGELISTA: My thoughts are similar to yours, that using the definition in the County Code of a roadway rather than relying on the definition of street, Page 24 Hawaii County Council-18 July 9,2025 which can be a little bit harder to perhaps explain to people how they are or are not in violation. So yes, using the definition of roadway does seem to make it a bit clearer to explain to people. CHR. INABA: Thank you. I'm in support. All those in favor of amending Bill 59 with the contents of Communication 303.1,please say "aye." Vote on Motion to The motion to amend Bill 59 with the contents of Amend: Comm. 303.1 was carried by the following voice vote: (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Vote on Motion to Ms. Kimball moved to suspend Council Rule 23 to waive Suspend Council the holdover for the substantive amendment of Bill 59. Rules: Seconded by Ms. Galimba and carried by the following (Approved) voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. CHR. INABA: Any further discussion on the bill? Council Member Galimba. MS. GALIMBA: Thank you. This is for Mr. Evangelista. I'm just wondering about this bill. And I think part of it is I think we're all thinking about people that are in the median, and it's a very dangerous place to be. And this is about soliciting. If they're just sitting there not soliciting, would this then allow you to ask them to move or not, or are there other rules that would apply in that situation? MR. EVANGELISTA: As I understand this bill with the adopted amendments, it speaks to prohibiting someone from entering or remaining within 15 feet of the roadway for the purpose of receiving or soliciting a ride, employment, business, or other good or service from any occupant, or delivering similarly. So if someone is merely sitting, I do not see that to be a violation of this proposed ordinance. MS. GALIMBA: Okay. Thanks. Page 25 Hawaii County Council-18 July 9,2025 MR. EVANGELISTA: That's not to say that their conduct is allowed. There could be some other ordinance that speaks to that, not with Bill 59 though. MS. GALIMBA: Right. I was wondering are you aware of other rules that would govern that behavior or that person being there? MR. EVANGELISTA: Not off the top of my head. I'm sorry. I'd have to research the code or the State of Hawaii Traffic Code. MS. GALIMBA: I see. Okay. Thank you very much. I just wanted to get that clarity around that. Yeah, thank you. CHR. INABA: Thank you, Council Member Galimba. Council Member Kagiwada. MS. KAGIWADA: Thank you. Because this bill does not address sitting in the median and yet it is being posed that it's a bill for the safety of people, whereas I think it's actually a bill that's aimed at poor people who may be near a roadway because they don't have a lot of other choices and may be receiving donations or things like that, I'm not going to be supporting it. If it was really about safety, it would also include people who are just sitting there and moving them off the road. If it's about moving people who we don't want to, as I think Council Member Galimba talked about so eloquently before, and I didn't know how to get the words out around it, she talked about us not wanting to see people who are in distress or poor near our roadways. And I feel similarly so I won't be supporting this at this time, because I really think it's a little disingenuous to say it's about safety, but we'll allow people to sit there but they can't receive anything from somebody in a car. Understanding that you have a really hard job to do as far as safety goes, and I hope that—I'm sure this is going to pass that you will help people move out of unsafe situations and get them to better situations whenever possible. Thank you. CHR. INABA: Council Member Villegas. MS. VILLEGAS: Yeah. I can appreciate the empathetic heart that you have, Council Member Kagiwada. But as a lifelong resident of this island and representing District 7 and the increase in people utilizing unsafely our roadways and center partition areas, also knowing from personal experience and having struggled with, "Oh, do they really need?" and knowing from personal experience, a lot of these people make a lot of money and the intention is not to deny access or services, but it is to ensure that people are going to the appropriate places for those kinds of services and financial support and whatnot. In my district particularly, there have been a number of issues. And the challenge with Page 26 Hawaii County Council-18 July 9,2025 what was currently on the record or the law was that unless they were violent or aggressive, then the police didn't have any jurisdiction to intervene. So I'm going to call out that I don't think that statement is accurate. It's also concerning to meI was just at Costco the other day and there's a whole group of children, six year olds, with fish nets,you know, stepping out in the road and moving around. And we're not at a place that that's the only way to fundraise. It's not an advisable safe means to garner resources or money. And so representing a district that has numerous issues with health and safety on our roadways, and not just to the people but their animals. I'm watching animals sitting on frying hot pavement in the sun in the middle of a narrow roadway. That's inhumane in my mind as well. So I believe that this creates a parameter to empower our Police Department, who in my experience has good judgement in being able to determine the nature of what's happening with somebody in a space, and I like to think that even someone just sitting in the middle of a partition would be cause. I, myself, have intervened with people having circumstances like that, and it's not about I don't want to see you; it's about how can I help you to move on. But as a community, I believe it's okay for us to have boundaries and priorities and laws that govern what activities are allowable for the health and safety of the common good for everyone. So with the number of resources available to help those who are down on their luck, I'm confident they will be able to find support elsewhere. So I'll be in full support. And I am grateful to the maker for navigating the terminology, the semantics, whatnot, in order to get us to this point. So I yield. CHR. INABA: Council Member Galimba and then Council Member Kaneali`i- Kleinfelder. MS. GALIMBA: Thank you. Although I did already speak, so if you—okay. So yeah, I think I understand the impetus of this. I am struggling with it, because I do understand the desire, in some ways, to discourage people to do this. But it alsoactually, this narrative of it being selectively enforced is also really troubling to me actually, because that's really not what we're supposed to be legislating, is something that then can be selectively enforced. We're supposed to, to the best of our ability, make it really clear. So it's not like because I know you, then we're not going to enforce it because you're on my volleyball team or something. So it troubles me that that narrative is what we're going with on this. But I also don't think it's a good place for people to be in the roadways whether they're soliciting or not soliciting. And I also don't really like sort of just because something annoys us that we're going to make it punitive. So there's all of that. So I'm struggling with this one, that's all I'm saying. And I do think that even to talk about that we're going to selectively enforce it is very troubling. Page 27 Hawaii County Council-18 July 9,2025 CHR. INABA: All right. Before we go to Council Member Kaneali`i- Kleinfelder, I want to clear the record. No one is saying that we're going to selectively enforce this. There's going to be a roll out period that we spoke with police, allowing for education. But the law is the law and police will enforce it. So there's no selective or preferential treatment of anyone that would be in violation of this code. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. Just for clarity, I support the bill because I have my reasons. For the Police Department, so if someone'sI thinkI mean, this is amending this section of code. So I believe we're changing the way we're wording the law now. We're amending the bill and this section of code, so it may have already been prohibited for people to thumb for a ride. But I just want to be clear for anyone who's watching or that I know, because I see people on the way home a lot thumbing for a ride to and from Upper Puna. What is legal, what is not legal in the way this has been amended and is written right now? And please take into account the amendment of the "within 15 feet of." MR. EVANGELISTA: I'm not recalling off the top of my head if the section that we're amending was the same section as soliciting a ride from a roadway. MR. KANEALI`I-KLEINFELDER: It is. Or Sylvia; this question would be for either of you. MR. EVANGELISTA: Yeah. So that's still in there, right? Yeah, receiving or soliciting a ride. So that's the hitchhiking. MR. KANEALI`I-KLEINFELDER: Okay. So that existed already, from my understanding, because that's the section of code we're amending. But I just want to be clear for people who are out there who aren't intending any harm or trying to break any laws, and laws are going to change, that they cannot be within 15 feet of the roadway; but having their thumb out and getting a ride, that's still okay? MR. EVANGELISTA: They cannot be within 15 feet of the roadway to solicit a ride, that's correct. MR. KANEALI`I-KLEINFELDER: Okay. So for anyone who's hitching a ride, they do need to be outside of that 15-foot buffer of the roadway. Okay. Because, I see the same guy pretty much at least two times a week across from the Kea`au store center asking for a ride up the hill. And he's always in—he's like 10 feet off the shoulder. In that case, with this law in place, he would be getting a fine. And I'm listening to Ms. Kagiwada MR. EVANGELISTA: Respectfully disagree because in the definition of roadway, the shoulder is excluded, right, in the County Code? The definition of roadway excludes berms and shoulders? Page 28 Hawaii County Council-18 July 9,2025 MR. KANEALI`I-KLEINFELDER: So the shoulder is not included? MR. EVANGELISTA: The shoulder is not included in the definition of roadway. MR. KANEALI`I-KLEINFELDER: Okay. MR. EVANGELISTA: Or I should say shoulder is excluded from the definition of roadways, is what I should say. MR. KANEALI`I-KLEINFELDER: It's also a State highway that he stands on. So that makes it even more complex. This would be interesting, the way the police are being asked to roll this out and work within the parameters of the bill and State and County Code. I'd be interested for a follow-up, Ms. Wan, about how this will lay out for clarity for the people who aren't meaning any harm to the County, don't want to get in trouble with our police officers; we're not creating more work for these folks and having this weird box of parameters they need to apply to someone standing within, outside, shoulders, not shoulder, State, County, blah, blah, blah, because I'm a little bit confused right now for that one guy I see by the Kea`au park. MS. WAN: May I offer? MR. KANEALI`I-KLEINFELDER: Yes. MS. WAN: Okay. So based on the hypothetical that you just provided, that same individual, if they are standing 16 feet away from the roadway with their thumb out, they would not be in violation as it's presently been amended. MR. KANEALI`I-KLEINFELDER: Okay. MS. WAN: So it's just a matter of standing far enough away from the road as to not be a danger to themselves or others. MR. KANEALI`I-KLEINFELDER: Can I ask then, the shoulder is allowable for him to stand on with this bill as amended? MS. WAN: As the roadway's been defined as Ms. Kimball has read, it does not include the shoulder. So you can start your 15 feet from the line of the roadway. MR. KANEALI`I-KLEINFELDER: Okay. That will be interesting. Okay. To HPD, I look for some input on that. Just people always push the line, and we need to know. I'm not going to hold the bill. The bill's going to pass today most likely. But I think it would be good for the department to really have some clarity, unless you guys understand this completely, but for every officer out there having to make a call on the fly in every situation,rain or dark or night or day. Yeah. Okay. I yield, Chair. Thank you. Page 29 Hawaii County Council-18 July 9,2025 CHR. INABA: Thank you. Any further discussion? Council Member Kimball. MS. KIMBALL: Yeah. Not to confuse the situation further, but I think that in the Section (a) clause, under(1) and(2), "unless the vehicle is legally parked" is also a relevant phrase. And there's the ability to park within that 15-foot buffer area too. So, yes,just highlighting that. CHR. INABA: Quickly, Council Member Kagiwada. MS. KAGIWADA: Just a question. But you wouldn't be able to solicit. So in order to get somebody to park,you would MS. KIMBALL: (Inaudible.) MS. KAGIWADA: Right. And then they could potentially be in there. But it's still illegal; it will still be illegal for anybody to solicit until it is parked, which means going up to a parked car to solicit, not doing anything to get them to park. Anyway, I think it's going to be very hard to enforce. But I wish the HPD all the luck on this one. Thank you. CHR. INABA: All right. And before we take the vote, I just want to clarify the intention here on the record is that it applies to all roadways, highways, or roadways within the County. The code doesn't differ between State and County, unlike other sections and chapters of the code where it specifically authorizes just roads under the jurisdiction of the County. This includes all County and State roads. So with that, can we do a roll call please on passing Bill 59, as amended with the contents of Communication 303.1 and 303.2, on second and final reading? Vote on Bill 59: The motion to pass Bill 59, as amended to Draft 2, on Draft 2 second and final reading was carried by the following roll (Adopted) call vote: Ayes: Council Members Hustace, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—7. Noes: Council Members Galimba and Kagiwada—2. Absent: None. Excused: None. CHR. INABA: Thank you very much. Bill 59 passes second and final reading. That takes us back to Resolution 225-25. Page 30 Hawaii County Council-18 July 9,2025 Vote on Motion to Ms. Villegas moved to remove Res. 225-25 from the table. Remove from Table: Seconded by Ms. Galimba and carried by the following (Approved) voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. CHR. INABA: Council Member Villegas. All right, in consultation perhaps Corporation Counsel can come forward. (Note: At this time, Corporation Counsel Renee Schoen came forward to address the members of the Council.) MS. SCHOEN: Good morning. Renee Schoen, Corporation Counsel. So the resolution as written requesting a transfer of funds, if it were to pass today, Finance Department would process it, and the funds would be transferred from the 2025-2026 CRF account. And the reason is that we cannot expend funds from the prior fiscal year. So even though your request was put in June 2nd, it would've had to have been approved by the Council and then also the funds transferred and then expended by the 30d'. CHR. INABA: Thank you, Corporation Counsel. Council Member Villegas. MS. VILLEGAS: Yeah, thank you and just to clarify. And thank you to Director of Finance. It appears that it was processed by Parks and Rec on May 30d', the Mayor's Office on June 2nd, which made it late for June processing, which gets us till it didn't get on the agenda until 7/9. So what that meansI mean, the money still all stays within the County; it just goes back to the General Fund. So my apologies to Parks and Rec. Hopefully, we can work closer together to get things processed through Parks and Rec. So I'll have to be withdrawing this. And the monies from my last year contingency relief will go back to the General Fund. And thank you, Chair Inaba, for catching this so I didn't accidently allocate close to $32,000 from this next fiscal cycle. Not that I wouldn't like to give it to Parks and Rec, and it may end up going there, but it's nice when we're just two weeks into the new fiscal year. So thank you again for helping me catch that. I yield. CHR. INABA: You're welcome. Withdraw Motion Ms. Villegas withdrew her motion to adopt Res. 225-25. to Approve: Page 31 Hawaii County Council-18 July 9,2025 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. CHR. INABA: Council Member Hustace, any announcements? MR. HUSTACE: Thank you, Chair. I do have one announcement and I appreciate the time here. The (inaudible) office has received questions, and I'm sure your offices have as well, about the agricultural tax program. There is an ongoing opportunity for community members to learn about this process, learn about the paperwork, the filing procedures, and so forth. So it's a partnership between the University of Hawaii and the College of Tropical Ag (Agriculture) and Human Resilience (CTAHR), along with our County Department of Research and Development and Real Property Tax Division. So there's been some ongoing there has been one meeting so far in Kona on the 5''. But this weekend, the 12'', there'll be a meeting with that said information on the agricultural real property tax workshop at the CTAHR Komohana station. There's also one on July 19'h in Waimea at the Waimea Civic Center, and there'll be an online opportunity on August 2nd. So some upcoming opportunities to learn about that change in agricultural property taxes and those programs, the dedicated ag programs. So sign up,join, attend, and get into that program early on. So thank you for letting me share that. Thank you, Chair. CHR. INABA: Thank you. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Our office has been working with Civil Defense and the recovery division to organize a community resilience and disaster preparedness fair happening this Saturday, July 12'', at the Billy Kenoi District Park Gym in Pahoa, 10 a.m. to 2 p.m. We've got over 3,000 plants to give away, community meals, bouncy castles, and nearly 50 government agencies, community organizations that work in helping communities to prepare, and also are there in moments of disaster to help respond. They'll be there providing resources and providing expert talks. So everyone is invited to join us for this free event. Get prepared; we're in hurricane season. Thank you. CHR. INABA: Thank you. Page 32 Hawaii County Council-18 July 9,2025 ADJOURN- There being no further business, Chair Inaba adjourned the meeting at 12:34 p.m. MENT: Council Approval: OCT 2 2 025 ERK JH/dg Page 33 I