Loading...
HomeMy WebLinkAboutMIN COUNCIL 2025-08-06 2024-2026 Hawaii County Council 201h Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii August 6, 2025 INVOCATION: Pastor Josue Sanchez of Hilo Seventh-Day Adventist Church gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:02 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 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 Absent& Excused: Ms. Michelle M. Galimba, 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 (Note: At this time: EXPRESSIONS OF 1) Mr. Inaba presented the August 2025 Haweo Award to Detective Jenny Lee of CONDOLENCE: the Hawaii Police Department; 2) Ms. Kagiwada presented a Certificate of Merit to Dr. Pascale Creek Pinner for being introduced into the National Teachers Hall of Fame; 3) Ms. Kagiwada presented Certificates of Merit to Evan Rosehill and Matthew Ohara for completing the requirements to rank as Eagle Scouts; and Hawaii County Council-20 August 6,2025 4) Mr. Onishi presented Certificates of Merit to the Pilipa`a 18's Boys Volleyball Team for claiming the title of 2025 AAU(Amateur Athletic Union) Boys Volleyball National Champions.) 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: Maya Parish: Res. 247-25 (Comm. 403), in support. (representing Feed Hawaii DBA Kohala Food Hub) Cory Harden: Res. 235-25, Draft 2 (Comm. 379.2), in support; and Bill 51, Draft 3 (Comm. 283.288), comment. Helen Morgia: Bill 51, Draft 3 (Comm. 283.288), in opposition. Leslee Cook: Bill 51, Draft 3 (Comm. 283.288), in opposition. Irene Andrews: Bill 51, Draft 3 (Comm. 283.288), in opposition. Braxton Igne: Bill 51, Draft 3 (Comm. 283.288), in support. Charlize Bisogni: Bill 51, Draft 3 (Comm. 283.288), in support. Jayne Florino: Bill 51, Draft 3 (Comm. 283.288), in opposition. Sharon Caldwell: Bill 51, Draft 3 (Comm. 283.288), in opposition. Aranda Gillum: Bill 51, Draft 3 (Comm. 283.288), in opposition. Irene Francis: Bill 51, Draft 3 (Comm. 283.288), in opposition. Uldra Johnson: Bill 51, Draft 3 (Comm. 283.288), in opposition. Janice Palma-Glennie: Bill 51, Draft 3 (Comm. 283.288), in opposition. Bill Brown: Bill 51, Draft 3 (Comm. 283.288), in opposition. Sheila Brown: Bill 51, Draft 3 (Comm. 283.288), in opposition. Elizabeth Wing: Bill 51, Draft 3 (Comm. 283.288), in opposition. Josephine Keliipio: Bill 51, Draft 3 (Comm. 283.288), in opposition. Page 2 Hawaii County Council-20 August 6,2025 Julie Mitchell: Res. 255-25 (Comm. 414); and (representing Ku`ikahi Res. 259-25 (Comm. 418), in support. Mediation Center) Jim Albertini: Res. 235-25, Draft 2 (Comm. 379.2), in support. (representing Malu `Aina) (See Comm. 379.12) Ben Catcho Jr.: Bill 51, Draft 3 (Comm. 283.288), in support. (representing American Bird Conservancy) Peter Pomeranze: Res. 248-25 (Comm. 404), in support. Lars Woodruffe: Bill 51, Draft 3 (Comm. 283.288), in opposition. Jet Dee: Bill 51, Draft 3 (Comm. 283.288), in opposition. Frances Pueo: Bill 51, Draft 3 (Comm. 283.288), in opposition. (representing Hui Pono Holoholona) Kelly Smith: Bill 51, Draft 3 (Comm. 283.288), in opposition. Greg Baker: Bill 51, Draft 3 (Comm. 283.288), in opposition. Sylvia Dolena: Bill 51, Draft 3 (Comm. 283.288), in opposition. (representing Aloha Animal Advocates) Danny Li: Res. 235-25, Draft 2 (Comm. 379.2), in support. (See Comm. 379.18) Donna LaBelle: Bill 51, Draft 3 (Comm. 283.288), in opposition. Monicah Souza: Bill 51, Draft 3 (Comm. 283.288), in support. Sunny Gorg: Bill 51, Draft 3 (Comm. 283.288), in opposition. Paula Pippin: Bill 51, Draft 3 (Comm. 283.288), in opposition. Elizabeth Lough: Bill 51, Draft 3 (Comm. 283.288), in support. Eileen O'Hara: Bill 64 (Comm. 334), in support. Jennifer Schneider: Bill 51, Draft 3 (Comm. 283.288), in opposition. Page 3 Hawaii County Council-20 August 6,2025 Noah Hunt: Bill 51, Draft 3 (Comm. 283.288), 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 May 21, 2025, were approved. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. GOEAC-54 NOMINATION OF JUSTIN CANELAS TO THE ENVIRONMENTAL (Comm. 391): MANAGEMENT COMMISSION Requires Council Confirmation by: August 16, 2025 (Section 13-4(k), Hawaii County Charter) Vote on GOEAC-54: Ms. Kimball moved to adopt Governmental Operations and (Adopted) External Affairs Committee Report No. 54. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. GOEAC-55 NOMINATION OF GARY C. DAVIS TO THE KA`U COMMUNITY (Comm. 392): DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: August 16, 2025 (Section 13-4(k), Hawaii County Charter) Vote on GOEAC-55: Ms. Kimball moved to adopt Governmental Operations and (Adopted) External Affairs Committee Report No. 55. Seconded by Ms. Kagiwada and carried by the following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Page 4 Hawaii County Council-20 August 6,2025 GOEAC-56 NOMINATION OF OWANA K. WILCOX TO THE SOUTH KOHALA (Comm. 393): COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: August 16, 2025 (Section 13-4(k), Hawaii County Charter) Vote on GOEAC-56: Mr. Hustace moved to adopt Governmental Operations and (Adopted) External Affairs Committee Report No. 56. Seconded by Ms. Kagiwada and carried by the following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. GOEAC-57 NOMINATION OF BAMBI LAU TO THE SOUTH KOHALA COMMUNITY (Comm. 394): DEVELOPMENT PLAN ACTION COMMITTEE Requires Council Confirmation by: August 16, 2025 (Section 13-4(k), Hawaii County Charter) Vote on GOEAC-57: Mr. Hustace moved to adopt Governmental Operations and (Adopted) External Affairs Committee Report No. 57. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON RES. 235-25 The following individuals registered to speak and came forward when called by (DRAFT 2) the Chair: (COMM. 379.2): Art Taniguchi: In support. Page 5 Hawaii County Council-20 August 6,2025 Tommy Goya: In support (representing East Hawaii Hiroshima Kenjin Kai) Res. 235-25: ACKNOWLEDGES THE EIGHTIETH ANNIVERSARIES OF THE BOMBINGS (Draft 2) OF HIROSHIMA AND NAGASAKI AND REAFFIRMS A COMMITMENT TO PEACE Reference: Comm. 379.2 Intr. by: Council Member Kagiwada Approve: GOEAC-58 Motion to Approve: Ms. Kagiwada moved to adopt Res. 235-25, Draft 2, and Governmental Operations and External Affairs Committee Report No. 58. Seconded by Mr. Hustace. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you so much, Chair. This morning I was lucky enough to attend the memorial ceremony at the Hilo Hongwanji, commemorating the 80'h anniversary of these terrible bombings. It just reaffirmed my commitment to peace, and also appreciative of this body of supporting this so far and making it known that our County Council is also supportive of peace. The one thing I remember vividly from this morning was the minister talking about how yesterday, which was August 6 h, in Hiroshima they had a school child speak at their ceremony. And they very calmly and quietly I think summed up kind of where we need to go with things when they talked about we need to listen for understanding and speak with kindness. So I was just struck by how simple that is, but also how we need to go. I did want to call attention to the `BE IT RESOLVED" clauses of this resolution, because I think that's our action going forward, both for us and for the community. So I'm going to go ahead and read three of the resolve clauses: BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I that the County hereby solemnly acknowledges and commemorates the eightieth anniversaries of the atomic bombings of Hiroshima and Nagasaki by reaffirming its commitment to championing peace, nuclear disarmament, non-proliferation, and the resolution of conflict through diplomacy and mutual respect. BE IT FURTHER RESOLVED that the County pledges to continue to support public education, cultural exchange, and community remembrance events in peacebuilding initiatives. Page 6 Hawaii County Council-20 August 6,2025 BE IT FURTHER RESOLVED that the County urges citizens and institutions to reflect on the lessons of 1945, recommit to tolerance, justice, and reconciliation, and reject the use and proliferation of nuclear weapons. So with that, I'm just asking for everybody's support and hope we can pass this today. I yield. CHR. INABA: Thank you. Any further discussion? Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I just want to thank you, Council Member Kagiwada, for putting this resolution forward. I'm in full support. The bombings of Hiroshima and Nagasaki were inhumane tragedies. And as we reflect on the 80'h anniversary of those very devastating events that has kind of a negative ripple effect in that local and global community, I completely agree with you that we need to recommit ourselves to fostering peace-building frameworks to commit to conflict resolution. And each of us, in our individual ways and as communities, can model peace and aloha every single day. That's going to be the absolute start. And I think in these very turbulent times with all of the global conflict and the fact that nuclear weapons do exist, this resolution is so important. Right? It's so important that we save humanity, and we put the peace of nations ahead. So thank you for bringing this forward. In full support. I yield. CHR. INABA: Council Member Kimball. MS. KIMBALL: Thank you. I would also like to thank you, Council Member Kagiwada, for bringing this forward and giving us the opportunity to reflect on one of the greatest human tragedies of all time. As Mr. Taniguchi mentioned, we did have a chance to go to Hiroshima, go to the memorial there. And having walked through that museum and seeing some of the imagery from that time, I found it very difficult to even make it through the museum. It is extraordinary that humans could even think about doing that to each other. And as Council Member Kierkiewicz says, we are in a time with multiple wars going on between powers that have nuclear capability. We have other conflicts that have not risen to the level of wars with other folks that have nuclear capability. And I think it is important that those in charge reflect upon this event and what it really meant, and use that as a decision-making criteria for not ever having that course of action taken again. Thank you. CHR. INABA: Council Member Hustace. Page 7 Hawaii County Council-20 August 6,2025 MR. HUSTACE: Thank you, Chair. Mahalo, Council Member, for bringing this forward. It was very moving to hear from the testifiers speak on this as well throughout the process. I just want to mahalo you for recognizing our history, the challenges we face, and the work we have to do together. So thank you very much. CHR. INABA: Thank you, Council Member Kagiwada. In full support. All those in favor of approving Resolution 235-25, Draft 2,please say "aye." Vote on Res. 235-25: The motion to adopt Res. 235-25, Draft 2, and Draft 2 Governmental Operations and External Affairs Committee (Adopted) Report No. 58 was carried by the following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Res. 240-25: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR AGREEMENT FOR BODY CAMERA EQUIPMENT, MAINTENANCE AND STORAGE Authorizes the Mayor to enter into a five-year agreement with Axon Enterprise, Inc. to acquire 400 Axon body worn cameras, maintenance and cloud-based storage to be used by the Police Department. These body worn cameras are to replace units that are damaged, destroyed or obsolete. Reference: Comm. 384 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-72 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 240-25 and Finance Committee Report No. 72. Seconded by Ms. Villegas. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: No discussion. Look for everyone's support. Thank you. CHR. INABA: Thank you. We do haveoh, Council Member Hustace, go ahead. MR. HUSTACE: Chair, I'm just looking for an amendment. I don't know if there was one submitted. We had some discussion at Committee in regards to the Page 8 Hawaii County Council-20 August 6,2025 figure that was to be added. There was some discussion on that. We had a similar discussion yesterday in Committee about resolutions that didn't have those figures. So I don't know if there was an amendment to be attached with this. CHR. INABA: Sure. We'll have Hauoli, our Police Department business manager, share an update here. (Note: At this time, Accountant Hauoli Aiona, Hawaii Police Department, came forward to address the members of the Council.) MS. AIONA: Good morning. Hauoli Aiona, Accountant for Hawaii Police Department. Yes. So, the last time we came to Council and Council Member Kimball had asked for an amendment, that was submitted through our LRB (Legislative Research Branch)process. CHR. INABA: You have the floor. MR. HUSTACE: Thank you, Chair. I don't know if—did anyoneI didn't receive it, unfortunately. Sorry, Chair, I don't have an amendment for this resolution. CHR. INABA: Okay. Would you like to provide—was the amount provided verbally last time? Okay. MS. AIONA: But I have the exact amount. CHR. INABA: Okay. Would you like to share? MS. AIONA: Sure. Okay. So on the amendment,per their request, they wanted it to be listed as the exact amount. So we had it as—okay, so the total for the five years, so the multi-year, would be $2,402,898.32. Each year, I will enter in a contract for the amount of$480,579.67. MR. HUSTACE: Thank you, Chair. I appreciate that. Ms. Aiona, thank you for those details. I don't think we received that amendment in time, but appreciate those details regarding this resolution. So, Chair, I'll yield at this time. CHR. INABA: Thank you. Council Member Kimball. MS. KIMBALL: In order to be expedient, I think it's okay to move forward with this, given that the record will reflect those dollar amounts. However, in the future, hopefully we can include that in the resolution initially. Thank you. CHR. INABA: Thank you. Any further discussion? Council Member Kaneali`i- Kleinfelder. Page 9 Hawaii County Council-20 August 6,2025 MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Thank you for the answer. I can see it in our Committee report. I think this is part of our transfer from how we've been doing business with the B-52s MS. AIONA: Correct. MR. KANEALI`I-KLEINFELDER: To the new form of business where everything's in the resolution. So thank you for being understanding and walking through with us. MS. AIONA: We just wanted it to be presented on this one because we had to do a gap, which increased it by 63,000. The next gap will take effect on 8/15, which is right around the corner. So I would have to route this contract before then. MR. KANEALI`I-KLEINFELDER: Okay. Got it. Thank you very much for being here. MS. AIONA: You're welcome. CHR. INABA: Thank you. All those in favor of approving Resolution 240-25, please say "aye." Vote on Res. 240-25: The motion to adopt Res. 240-25 and Finance Committee (Adopted) Report No. 72 was carried by the following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Res. 241-25: ACCEPTS THE DONATION OF SECURITY CAMERA SYSTEMS TO THE COUNTY OF HAWAI`I DEPARTMENT OF PARKS AND RECREATION The donation of security camera systems from Blue Shield Security Hawaii, with an estimated value of$4,500, would be installed at the Pana`ewa Park and Covered Play Courts in Pana`ewa Hawaii. Reference: Comm. 385 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-73 Page 10 Hawaii County Council-20 August 6,2025 Vote on Res. 241-25: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 241-25 and (Adopted) Finance Committee Report No. 73. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Res. 242-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT Transfers $5,000 from the Liquor Control/Public Programs account to the Sundry Refund account to return funds to the General Fund. Reference: Comm. 386 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-74 and Comm. 386.1: From Finance Director Diane Nakagawa, dated July 25, 2025, transmitting proposed amendments to Res. 242-25. Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 242-25 and Finance Committee Report No. 74. Seconded by Mr. Hustace. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. I'm looking back on the Committee record. I was not here and I do apologize. This was a want to fund the Kea`au Community Fun Day through a local nonprofit, and there was some issue with the insurance not covering the organization that would be running the fun day, although there was insurance for a different portion of the organization. So the funds are being returned. I would like to make the motion. Motion to Amend: Mr. Kaneali`i-Kleinfelder moved to amend Res. 242-25 with the contents of Comm. 386.1. Seconded by Ms. Kierkiewicz. MR. KANEALI`I-KLEINFELDER: This is a thank you, Chair straightforward amendment to amend the account number that it's being credited to. I look for everyone's support. Page 11 Hawaii County Council-20 August 6,2025 CHR. INABA: Thank you. All those in favor, please say "aye." Vote on Motion to The motion to amend Res. 242-25 with the contents of Amend: Comm. 386.1 was carried by the following voice vote: (Approved) Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Vote on Motion to Ms. Kimball moved to suspend Council Rule 23 to Suspend Council waive the holdover for the substantive amendment of Rules: Res. 242-25. Seconded by Mr. Kaneali`i-Kleinfelder and (Approved) carried by the following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Vote on Res. 242-25: The motion to adopt Res. 242-25, as amended to Draft 2, Draft 2 and Finance Committee Report No. 74 was carried by the (Adopted) following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Res. 244-25: AMENDS SECTION 3(B) AND SECTION 7.01(A) OF ORDINANCE NO. 25-39, THE SALARY ORDINANCE OF 2025, TO ESTABLISH AN OPERATIONS MANAGER POSITION WITHIN THE LEGISLATIVE RESEARCH BRANCH Reference: Comm. 389 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-75 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 244-25 and Finance Committee Report No. 75. Seconded by Ms. Kierkiewicz. Page 12 Hawaii County Council-20 August 6,2025 CHR. INABA: Any discussion? Vice Chair Onishi. MR. ONISHL Thanks, Chair. Mr. Clerk, I have a question. (Note: At this time, County Clerk Jon Henricks came forward to address the members of the Council.) MR. ONISHI: You can introduce yourself. MR. HENRICKS: County Clerk Jon Henricks. MR. ONISHL Okay. My question is, since it's a new position the new position, right, or title? MR. HENRICKS: Correct. Title but not a new position, right. MR. ONISHL Yes, right. The position's there but this is title,yes. MR. HENRICKS: It's not a vacant position. Correct. MR. ONISHL Yeah. And with a higher pay. MR. HENRICKS: Correct. MR. ONISHL Will this person have a six-month probation period? MR. HENRICKS: No. It's an at-will position, so they're on probation every day, for lack of a better—yeah. MR. ONISHL No, no, okay. I just wanted to MR. HENRICKS: Right, correct. MR. ONISHL Because, youI did have questions about this MR. HENRICKS: Yes, sir. MR. ONISHL After our meeting in Kona, I just wanted to kind of clarify wherein any department, division, business, people are going to talk. And people are going to, I guess, rumor stuff around and so forth. So what I would appreciate is that, for me, whatever I say here at the meetings, I mean, it's like not going back to find out sources of where things got, I guess, told or what was mentioned. MR. HENRICKS: Okay. Page 13 Hawaii County Council-20 August 6,2025 MR. ONISHL You know what I mean? It's like I'm just hearing things, so I just went—like that last meeting, I asked you about the whole situation; how this was created, what is the process. Right? MR. HENRICKS: Yes, sir. MR. ONISHL And so that's what I wanted to find out. Okay? MR. HENRICKS: Okay. Yes, sir. MR. ONISHL So just kind of wanted to make that clear. MR. HENRICKS: Understood. MR. ONISHL So I'll support this. Thanks. MR. HENRICKS: Thank you. I appreciate your support. CHR. INABA: Any further discussion on Resolution 244? MR. KANEALI`I-KLEINFELDER: Yes,please. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Just to Mr. Henricks and to the staff in our Legislative Research Branch. I like the direction we're going in. I've been in about six, seven years now, and it isn't always easy to work through legislation. There's nine of us plus the County as a whole all with different ideas, with different timings, and trying to get bills through and processed, and amendments, work through our budget, deal with everything that comes through the County that's done at this level here requires going through LRB. So having an increased staffing, to me, is a huge positive; and getting to levels that I'd like to see us at now and in the future. So thank you for your work to get us there. MR. HENRICKS: Thank you. CHR. INABA: Seeing no further discussion,just want to take this opportunity while we can to speak to just the different departments within the executive branch, and share what work has been ongoing. It is a partnership, working between the legislative branch and the executive branch. And as we roll out this new system of trying to be more transparent and more efficient, not only for our own operations but for the public, I ask for your folks' k6kua in making this transition as smooth and seamless as possible. So mahalo to you all. All those in favor of approving Resolution 244-25, please say "aye." Page 14 Hawaii County Council-20 August 6,2025 Vote on Res. 244-25: The motion to adopt Res. 244-25 and Finance Committee (Adopted) Report No. 75 was carried by the following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Res. 246-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO USA VOLLEYBALL INC., DOING BUSINESS AS MOKU O KEAWE, TO ASSIST WITH EXPENSES FOR THE HAWAI`I ISLAND LABOR DAY CLASSIC VOLLEYBALL TOURNAMENT Transfers $4,000 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. 402 Intr. by: Council Member Inaba Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 246-25. Seconded by Ms. Kagiwada. CHR. INABA: This is a CRF (Contingency Relief Fund)resolution from my office to cover costs associated with this volleyball tournament happening later this month, I believe on the weekend of the 28 h. And it's to cover the luau expenses for all participating teams. I ask for your support. And I believe there might be others also supporting this event. Seeing no discussion, all those in favor of approving Resolution 246-25, please say "aye." Vote on Res. 246-25: The motion to adopt Res. 246-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Page 15 Hawaii County Council-20 August 6,2025 Res. 247-25: 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 FEED HAWAI`I DBA KOHALA FOOD HUB FOR EXPENSES RELATING TO THE NORTH KOHALA FARM TO FAMILY PROJECT Transfers $10,000 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 403 Intr. by: Council Member Hustace Motion to Approve: Mr. Hustace moved to adopt Res. 247-25. Seconded by Ms. Kagiwada. CHR. INABA: Council Member Hustace. MR. HUSTACE: Thank you, Chair. Just looking for my colleagues' support on this effort in supporting the Kohala Food Hub and their programs in the North Kohala community. Just a side note, the North Kohala community is in a little bit of an upheaval right now with some water challenges. So, looking for support for our agricultural sector here with this of course, and our community members that are in need of food. This is really supporting our local farmers in the community and thus, in turn, really feeding with healthy products to our community members. Grateful to have Executive Director Maya Parish join us earlier this morning to provide some insight into the program and the work they do in the community. So thank you for your consideration and I appreciate your support. Mahalo, Chair. CHR. INABA: Mahalo. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Just to Council Member Hustace, well done. This is a good program. Maya Parish has been around for a long time and does tremendous work in our community. I love the private-public partnership, as well as the idea of supporting farmers and getting food into our community that's grown locally. Great program. So mahalo for bringing this forward and doing this for your community. CHR. INABA: Mahalo. All those in favor of approving Resolution 247-25, please say "aye." Page 16 Hawaii County Council-20 August 6,2025 Vote on Res. 247-25: The motion to adopt Res. 247-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Res. 248-25: 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 NORTH KOHALA COMMUNITY RESOURCE CENTER FOR EXPENSES RELATING TO THE KOHALA CARES PROJECT Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 404 Intr. by: Council Member Hustace Motion to Approve: Mr. Hustace moved to adopt Res. 248-25. Seconded by Ms. Kierkiewicz. CHR. INABA: Council Member Hustace. MR. HUSTACE: Thank you, Chair. Just looking for continued support on these projects for the North Kohala community. We've heard from Peter Pomeranze today, who is the lead for this program under the North Kohala Community Resource Center and the specific project of Kohala Cares that operates out of the St. Augustine's church, and their weekly food drives, and providing this opportunity for community, those in need and those who are kind of looking for support day in and day out. So I appreciate your support for this project. Mahalo nui. CHR. INABA: All those in favor of approving Resolution 248-25, please say Ic aye. Page 17 Hawaii County Council-20 August 6,2025 Vote on Res. 248-25: The motion to adopt Res. 248-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Res. 249-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MOUNTAIN VIEW ELEMENTARY PTA TO ASSIST WITH EXPENSES FOR THE MOUNTAIN VIEW ELEMENTARY ALUMNI DINNER Transfers $10,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 405 Intr. by: Council Member Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 249-25. Seconded by Ms. Kierkiewicz. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: This is a CRF for my Mountain View Elementary School, for their PTA (Parent-Teacher Association). Specifically though, this was walked in as a request by the principal, Adria Medeiros, who's an alumni of Mountain View Elementary and is currently the principal of the elementary school. She really is a force for our community and I love her. So, with that said, she came to me and asked me to help them host. The costs were higher than what the PTA or the school can handle, and I told her that I would assist. So I look for everyone's support. This happened in July. This is coming in after the fact. The paperwork was done on time;just couldn't get there before the event. But I heard it was a blast and look for everyone's support. Thank you. CHR. INABA: Mahalo. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. I wanted to voice my support for this particular resolution. Mountain View Elementary is such a lifeline for so many `ohana in the Upper Puna community. So thank you, Council Member Kaneali`i- Kleinfelder, for helping that community celebrate 120 years of positive impacts in the community. I yield. Page 18 Hawaii County Council-20 August 6,2025 CHR. INABA: Seeing no further discussion, all those in favor of approving Resolution 249-25, please say "aye." Vote on Res. 249-25: The motion to adopt Res. 249-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—7. Noes: None. Absent: Council Members Galimba and Kimball —2. Excused: None. Res. 252-25: ADOPTS USDA FORM RESOLUTION 1780-27 TO PROVIDE FOR A LOAN FROM THE UNITED STATES OF AMERICA, DEPARTMENT OF AGRICULTURE, TO FINANCE CERTAIN PUBLIC WATER SYSTEM IMPROVEMENTS FOR IKI PLACE, KOHANAIKI HOMESTEADS, NORTH KONA, HAWAI`I; AUTHORIZES THE EXECUTION OF AN AGREEMENT WITH THE UNITED STATES OF AMERICA, DEPARTMENT OF AGRICULTURE, FOR A GRANT FOR COSTS OF SUCH PUBLIC WATER SYSTEM IMPROVEMENTS; AND AUTHORIZES THE MAYOR, THE MANAGER-CHIEF ENGINEER OF THE DEPARTMENT OF WATER SUPPLY, THE DIRECTOR OF FINANCE, AND THE CHAIR OF THE COUNTY COUNCIL TO TAKE ALL ACTIONS NECESSARY TO FACILITATE SUCH LOAN AND GRANT Authorizes a loan agreement with the USDA not to exceed $275,000 and a grant agreement not to exceed $825,000 to fund a portion of the costs of constructing a public water system for Iki Place, Kohanaiki Homesteads. Reference: Comm. 410 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Waived: FC Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 252-25. Seconded by Ms. Villegas. CHR. INABA: We have joining us today our Finance Director, engineer from the Department of Water Supply, and Deputy Corporation Counsel assigned to water. And if you folks could just come and give us a quick overview as to the status and progress on this project. This was waived from Committee. As you folks might recall, this is a project in my district that I inherited, and we're still in the process. So we'll get an update today. Thank you. (Note: At this time, Finance Director Diane Nakagawa came forward to address the members of the Council.) Page 19 Hawaii County Council-20 August 6,2025 MS. NAKAGAWA: Good afternoon, Council. Diane Nakagawa, Finance Director. Thank you for the question and allowing us to provide a brief status update. As mentioned last time, today actually I have a couple items related to this project. So I'll try to condense a quick summary. This item in front of us today is to get authorization to enter into this loan agreement with USDA (United States Department of Agriculture) for $275,000. Included in the agreement is also a grant not to exceed $825,000. As I mentioned last time, this is improvements to a water distribution system at Iki Place in Kohanaiki Homesteads. This includes 18 lots. This was at the request of the community back in 2016. It has been up a long time. We initially—Council passed a resolution initiating the improvement district. We have gone through the necessary steps. We've worked with—of course, Water has led the report on the proposed district and the improvements. In 2023, we came before Council with the Chief Engineer's report and findings, which included all the public hearing and outreach that was done during that time. At the public hearing, there were six attendees all in support. And we have continued to do mailings and published publications over that time period. Let's see. I can go through the specifics on the assessments when we get to that item, but the item that we have in front us right now is the authorization to enter into the agreement with USDA and their resolution form. So, happy to answer any questions. I just didn't want to jump around with the other items. CHR. INABA: Thank you, Director. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Well, not a lot to add besides thank you. This is a project that you inherited. I remember this coming forward; I think it was last term. And this is a process. So I know this is one step in the process. But it takes time and energy and thought. So mahalo. CHR. INABA: It sure does. Thank you. I ask for everyone's support on this. With that, all those in favor of approving Resolution 252-25, please say "aye." Vote on Res. 252-25: The motion to adopt Res. 252-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Page 20 Hawaii County Council-20 August 6,2025 Res. 253-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE A REFRIGERATOR FOR THE MAKA`EO EVENTS PAVILION Transfers $2,850 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. 412 Intr. by: Council Member Inaba Motion to Approve: Mr. Hustace moved to adopt Res. 253-25. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. INABA: Again, this is a CRF resolution from my office. Pretty straightforward. It might seem like a lot for one refrigerator. It is. We are installing a commercial-grade double-door refrigerator for our community to use when they are using the kitchen at Maka`eo. Something that was requested and much-needed for the busiest, largest facility we have on the west side. So my mahalo to Director Honma and the team for acting quickly to get this done for our community. Vice Chair Onishi. MR. ONISHL Thanks, Chair. Just a suggestion that when I was on the Council before, I provided funding to Aunty Sally's for their refrigeration and so forth. So because of the limited amount of deposits that they put down and people don't really take care of it, so we made it higher. So that way, people would really take care of this equipment that we put in. So my suggestion is to maybe work with P&R (Parks and Recreation) to get that raised higher. I yield. CHR. INABA: Understood. Thank you. All those in favor of approving Resolution 253-25, please say "aye." Vote on Res. 253-25: The motion to adopt Res. 253-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, and Chair Inaba—7. Noes: None. Absent: Council Members Galimba and Villegas —2. Excused: None. Page 21 Hawaii County Council-20 August 6,2025 Res. 254-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO USA VOLLEYBALL, INC., FOR ITS 2025 HAWAI`I ISLAND LABOR DAY CLASSIC VOLLEYBALL TOURNAMENT Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 413 Intr. by: Council Member Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 254-25. Seconded by Ms. Kagiwada. CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. Just joining a number of my colleagues in supporting this very worthwhile event. Our CRF money is going to be used to purchase some of the equipment, like scoreboards, netting, and volleyballs. So, really excited for this to be hosted in our community, and really appreciate all the organizers for taking the time to put on this really worthwhile event. I yield. CHR. INABA: All those in favor of approving Resolution 254-25, please say Ic aye. Vote on Res. 254-25: The motion to adopt Res. 254-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Hustace, Kagiwada, Kierkiewicz, Kimball, Onishi, and Chair Inaba—6. Noes: None. Absent: Council Members Galimba, Kaneali`i-Kleinfelder, and Villegas —3. Excused: None. Page 22 Hawaii County Council-20 August 6,2025 Res. 255-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KU'IKAHI MEDIATION CENTER INC. FOR ITS BASIC MEDIATION TRAINING Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 414 Intr. by: Council Member Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 255-25. Seconded by Ms. Kagiwada. CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Executive Director of Ku`ikahi was on earlier. He was kind of explaining the benefits of the various programs that they offer to community. So, looking for everyone's continued support of this really valuable program. Thank you. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thanks. Just in support. As we talked about peace starting right here at home, this is obviously super important. And the way that they use volunteers in the community really makes it more available to more people, and I really do appreciate that about this organization. So thank you for supporting. I'm happy to support the reso (resolution). CHR. INABA: Thank you. All those in favor of approving Resolution 255-25, please say "aye." Vote on Res. 255-25: The motion to adopt Res. 255-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Page 23 Hawaii County Council-20 August 6,2025 Res. 256-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAI`I HI-DIVING FRIENDS FOR A NEW THREE-METER DIVING STAND AND BOARD FOR THE CHARLES "SPARKY" KAWAMOTO SWIM STADIUM Transfers $6,000 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. 415 Intr. by: Council Member Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 256-25. Seconded by Mr. Hustace. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you so much. Very worthwhile to try to get a pool where we have a three-meter diving stand. But this is kind of helping a larger project that Parks is doing, and that project actually has not come through yet. So I'm actually going to be wanting to motion to postpone. Is that okay if I do it right now? Vote on Motion to Ms. Kagiwada moved to postpone Res. 256-25 to the call Postpone: of the Chair. Seconded by Mr. Hustace and carried by the (Approved) following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Res. 257-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO BIG ISLAND DANCE COUNCIL FOR ITS 50TH ANNIVERSARY CELEBRATION INVITATIONAL DANCE EXTRAVAGANZA Transfers $1,500 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 416 Intr. by: Council Member Kimball Page 24 Hawaii County Council-20 August 6,2025 Motion to Approve: Ms. Kimball moved to adopt Res. 257-25. Seconded by Mr. Hustace. CHR. INABA: Council Member Kimball. MS. KIMBALL: Just ask for my colleagues' support, as I join I think Council Member Kagiwada who put some funds for this 50'h anniversary event. I will also put this out as the opportunity. You've all had the ability to use the new CRF drafting format, and encourage you to provide feedback and how that's going. I think it's much more transparent, much clearer, and much easier for our public. But happy to take constructive criticism so we can continue to improve the process. Mahalo. CHR. INABA: Thank you. All those in favor of approving Resolution 257-25, please say "aye." Vote on Res. 257-25: The motion to adopt Res. 257-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Res. 258-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO USA VOLLEYBALL, INC., FOR ITS HAWAI`I ISLAND LABOR DAY CLASSIC VOLLEYBALL TOURNAMENT Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 417 Intr. by: Council Member Kimball Motion to Approve: Ms. Kimball moved to adopt Res. 258-25. Seconded by Ms. Kagiwada. CHR. INABA: Council Member Kimball. MS. KIMBALL: Just asking for my colleagues' support, and joining the others in supporting this important event. Thank you. Page 25 Hawaii County Council-20 August 6,2025 CHR. INABA: All those in favor of approving Resolution 258-25, please say Ic aye. Vote on Res. 258-25: The motion to adopt Res. 258-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Res. 259-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KU'IKAHI MEDIATION CENTER INC. FOR ITS "FINDING SOLUTIONS, GROWING PEACE" BROWN BAG LUNCH SERIES Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 418 Intr. by: Council Member Kimball Motion to Approve: Ms. Kimball moved to adopt Res. 259-25. Seconded by Mr. Hustace. CHR. INABA: Council Member Kimball. MS. KIMBALL: Thank you. Again, asking for my colleagues' support to fund this important program in our community, and the excellent work of Ku`ikahi. CHR. INABA: All those in favor of approving Resolution 259-25, please say Ic aye. Vote on Res. 259-25: The motion to adopt Res. 259-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Page 26 Hawaii County Council-20 August 6,2025 Res. 260-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO USA VOLLEYBALL, INC., FOR EXPENSES RELATING TO THE HAWAI`I ISLAND LABOR DAY CLASSIC VOLLEYBALL TOURNAMENT Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 419 Intr. by: Council Member Galimba Motion to Approve: Ms. Kagiwada moved to adopt Res. 260-25. Seconded by Mr. Hustace. MS. KAGIWADA: Just another CRF that's for the volleyball tournament. Thanks. CHR. INABA: Perfect. Thank you. All those in favor of approving Resolution 260-25, please say "aye." Vote on Res. 260-25: The motion to adopt Res. 260-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Res. 261-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PURCHASE REPLACEMENT CHAIRS FOR THE SARGEANT RODNEY J. T. YANO MEMORIAL HALL COMMUNITY FACILITY IN SOUTH KONA Transfers $3,056 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Parks and Recreation, Recreation Division Equipment account. Reference: Comm. 420 Intr. by: Council Member Galimba Page 27 Hawaii County Council-20 August 6,2025 Vote on Res. 261-25: Ms. Kagiwada moved to adopt Res. 261-25. Seconded by (Adopted) Mr. Hustace and carried by the following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. CHR. INABA: It's now 12:27. We are going to take a 20-minute recess for a bio break and a quick lunch. We'll be back at 12:47. Thank you. Recess: At 12:27 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 12:49 p.m. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): Bill 29: AMENDS CHAPTER 25, ARTICLE 3, SECTION 25-3-3, OF THE HAWAI`I (Draft 2) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE ESTABLISHMENT OF ZONING DISTRICTS Allows for the establishment of special zoning districts using methods of geographical description other than metes and bounds. Reference: Comm. 142.4 Intr. by: Council Member Kierkiewicz Approve: PCPLUED-5 Motion to Approve: Ms. Kierkiewicz moved to pass Bill 29, Draft 2, on first reading and adopt Policy Committee on Planning, Land Use, and Economic Development Committee Report No. 5. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Really appreciate the support that's been provided by the Planning Department, favorable recommendations from the department and the planning commissions. I'm coming to you all on bended knee. My town of Pahoa has really struggled. I think we've seen over the last decade with the eruption, with COVID (coronavirus disease),just the impact on the town with businesses closing. Page 28 Hawaii County Council-20 August 6,2025 And I'm trying to leverage a tool that we have at our disposal, and that's to create policy, pass ordinances. And one of the things that our office has been working on for close to a year now with community partners and businesses in Downtown Pahoa is a special district to create a Downtown Pahoa Special District, which would allow for an increase of a variety of different permitted uses based on what the community values in terms of industry and economy. We're also taking a look at how we might reactivate the Pahoa Village Design Guideline Committee so that when businesses are coming through to build new storefronts or rehabilitate what's there, they're doing it Pahoa style. Anyway, in order for our office to move forward with even beginning the discussion around the special districts, we needed to make this edit in the code regarding metes and bounds. One of the things that we struggled with was identifying a special district area utilizing a very technical and expensive process, metes and bounds. But in doing some research, Downtown Hilo, Kailua Village, even Pahoa, when it set up the design guidelines were not established using metes and bounds. They used very simple terminology, like street names and landmarks. Not like "mango tree,"but like actual statues or something. Anyway, I'm just looking for parity. I'm looking for parity in allowing for the creation of a special Downtown Pahoa district with an alternate map when the Director deems that it is appropriate. This would also support future Council Members who have the idea of setting up special districts in their community. So just looking for everyone's support on this as we move this bill along. Director Darrow from Planning is here to answer any questions that folks might have, and I can answer questions as well. Thank you, Chair, I yield. CHR. INABA: Thank you. Director, anything to add at this time? No? All right. Council Member Kimball. MS. KIMBALL: Just want to say happy to support. I think it's a very reasonable step, especially given that we have other tools, like GIS (Geographic Information System), to establish boundaries that are going to be fairly accurate and defensible. And I think this is a precedent that's important to set as far as policy- making, that we can use some of these other mechanisms that are not so costly to us and the landowner. So thank you for putting it forward. You have my full support. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. I'm also happy to support. I think you're leading the way in trying something new for some of our districts that really need help. I'll be watching and hoping that this is really successful and cheering you on. Thank you for putting it forward. I yield. Page 29 Hawaii County Council-20 August 6,2025 CHR. INABA: Seeing no further discussion, all those in favor of approving Bill 29, Draft 2, at first reading, please say "aye." Vote on Bill 29: The motion to pass Bill 29, Draft 2, on first reading and Draft 2 adopt Policy Committee on Planning, Land Use, and (Approved) Economic Development Committee Report No. 5 was carried by the following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Bill 74: AUTHORIZES THE ISSUANCE OF A GENERAL OBLIGATION BOND OF THE COUNTY OF HAWAI`I IN A PRINCIPAL AMOUNT NOT TO EXCEED TWO HUNDRED SEVENTY-FIVE THOUSAND DOLLARS FOR THE PURPOSE OF FINANCING A PORTION OF THE COSTS OF CONSTRUCTING A PUBLIC WATER SYSTEM SERVING IKI PLACE, KOHANAIKI HOMESTEADS, NORTH KONA, HAWAI`I; FIXES THE FORM, DENOMINATION, AND CERTAIN DETAILS OF SUCH BOND; PROVIDES FOR THE ISSUANCE AND SALE OF SUCH BOND AND FOR OTHER MATTERS OR ACTIONS PERTAINING THERETO The sale of$275,000 of a general obligation bond to the United States Department of Agriculture (USDA) is required for the County to secure a loan in the same amount from the USDA. Reference: Comm. 411 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Waived: FC Vote on Bill 74: Mr. Kaneali`i-Kleinfelder moved to pass Bill 74 on first (Approved) reading. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order: Page 30 Hawaii County Council-20 August 6,2025 Bill 69: PROVIDES FOR THE COST OF PUBLIC WATER SYSTEM IMPROVEMENTS IN"IMPROVEMENT DISTRICT NO. 21 —IKI PLACE WATER SYSTEM IMPROVEMENTS,"FIXES THE PORTION OF THE COST TO BE ASSESSED AGAINST BENEFITED ASSESSMENT UNITS,ADOPTS A FINAL ASSESSMENT ROLL, IMPOSES AN ASSESSMENT LIEN AGAINST EACH ASSESSMENT UNIT ASSESSED ACCORDING TO THE ASSESSMENT, PROVIDES FOR PAYMENT OF ASSESSMENTS IN INSTALLMENTS, AND AUTHORIZES FURTHER ACTIONS BY THE DIRECTOR OF FINANCE Creates a special fund to be known as "Improvement District No. 21 —Iki Place Water System Improvements Fund," into which the funds for the Net Project Cost and all money collected by the Director of Finance for assessments levied by this ordinance shall be placed (the total estimated cost of the Net Project Cost in the Improvement District is $275,000). Reference: Comm. 388 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) First Reading: July 23, 2025 Vote on Bill 69: Mr. Kaneali`i-Kleinfelder moved to pass Bill 69 on second (Adopted) and final reading. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Bill 70: AMENDS ORDINANCE NO. 25-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR ENDING JUNE 30, 2026 Increases revenues in the Fund Balance from Previous Year account($59,000,000); and appropriates the same to the Provision for Compensation Adjustment-General account. Funds would be used to pay for Temporary Hazard Pay for all covered employees for work performed during the COVID-19 pandemic from March 2020 to March 2022. Reference: Comm. 390 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) First Reading: July 23, 2025 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 70 on second and final reading. Seconded by Mr. Hustace. CHR. INABA: Any discussion? Seeing none, all those in favor Page 31 Hawaii County Council-20 August 6,2025 MR. KANEALI`I-KLEINFELDER: Sorry, Chair. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: One thing came up, Diane. I wanted to ask you a question regarding the hazard pay. Director Nakagawa. Sorry. It feels like I know you. (Note: At this time, Finance Director Diane Nakagawa came forward to address the members of the Council.) MR. KANEALI`I-KLEINFELDER: My question is, for not elected officials but appointed officials, which is like some verya smaller portion of the County employees covered under a different section with the County. Is there any hazard pay or other mitigative pay that's coming forward for those folks? MS. NAKAGAWA: At this time, elected officials are not included in the hazard pay. MR. KANEALI`I-KLEINFELDER: Not elected officials. Appointed staff. MS. NAKAGAWA: Appointed employees, correct. MR. KANEALI`I-KLEINFELDER: So, no, nothing at this time? Okay. And that is a bargaining unit decision that came through with the negotiations per MS. NAKAGAWA: So right now, we are going through the terms of each of the bargaining units, and those are not covered in those units. MR. KANEALI`I-KLEINFELDER: Okay. Is there a reason they are not? Just asking out of interest. MS. NAKAGAWA: I'm going to ask for some help here with Corporation Counsel. MR. KANEALI`I-KLEINFELDER: Okay. And thank you. Sorry. Sort of a random question, but I did get asked. And understanding this is a negotiation between County and State and bargaining units. MS. NAKAGAWA: Right. At this point, we are following the terms of these separate agreements. (Note: At this time, Corporation Counsel Renee Schoen came forward to address the members of the Council.) Page 32 Hawaii County Council-20 August 6,2025 MS. SCHOEN: Renee Schoen, Corporation Counsel. So it's my understanding that those discussions have not occurred because Administration has been focusing on the temporary hazard pay with all of the unions. But at this time, my understanding is there's no temporary hazard pay for appointed. MR. KANEALI`I-KLEINFELDER: Okay. Thank you very much. I yield, Chair. CHR. INABA: Thank you. All those in favor of approving Bill 70 at second and final reading,please say "aye." Vote on Bill 70: The motion to pass Bill 70 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Return to Order The Chair directed the Council to return to the order of business. of Business: ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): (Note: Items in this category were taken up previously, out of order.) STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON BILL 51 The following individuals registered to speak and came forward when called by (DRAFT 3) the Chair: (COMM. 283.288): Nancy Parker: In opposition. Renee Rabb: In opposition. Barbara Cigainero: In opposition. (representing Action 4 Animals) Kealohahoomaikalani Li: In support. Lauren Smith: In support. Page 33 Hawaii County Council-20 August 6,2025 Jordan Lerma: In support. (representing Nene.org) Bill 51: AMENDS CHAPTER 4, ARTICLE 3, OF THE HAWAI`I COUNTY CODE 1983 (Draft 3) (2016 EDITION, AS AMENDED), RELATING TO ANIMALS Regulates the feeding of feral or stray animals on property owned, leased, rented, managed, or operated by the County, unless it is done by a certified community cat caretaker authorized by the Animal Control and Protection Agency. Reference: Comm. 283.288 Intr. by: Council Member Kaneali`i-Kleinfelder First Reading: July 23, 2025 (Note: The following proposed amendments to Bill 51, Draft 3, were circulated: 1) Comm. 283.289 from Council Member Jenn Kagiwada dated August 4, 2025; 2) Comm. 283.290 from Council Member Matt Kaneali`i-Kleinfelder dated August 6, 2025; 3) Comm. 283.291 from Council Member Matt Kaneali`i-Kleinfelder dated August 6, 2025; and 4) Comm. 283.292 from Council Member Heather L. Kimball dated August 6, 2025.) Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 51, Draft 3, on second and final reading. Seconded by Ms. Villegas. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. I'm going to start off by providing a mahalo to those who came in both in support and both opposed. If we don't have a good conversation, if we're not willing to listen to each other, if we're not willing to sit down and hash out the details versus just throwing whatever we want to say at each other, then we're no better than everyone we watch on TV(television) and have feelings for one way or the other. That's first and foremost. There's been a lot of discussion about our use of different words, and that's not what we're here to discuss. We're here to discuss the public safety issue, protection of endangered species, and the protection of our public spaces in whatever way we choose to do so. And we will be on different sides of the table. It happens on every issue that comes in front of anybody anywhere, even at the dining room table. I want to run through a few points here. Most importantly, this bill does not and is not centered solely on cats. And that has been the going lingo and idea this entire bill's hearing history, but it does not say the word "cats" specifically. They are a part of the feral animals, that is true, but does not say "cats" specifically. Page 34 Hawaii County Council-20 August 6,2025 The County continues to fund solutions. They have. They will continue to do so. If it's not up to par, that needs work. That's Animal Control. That is our nonprofits. We have a list of nonprofits that was given to us by Ms. Dovina. I appreciate that. That also speaks to how many programs that are in our County that may or may not be funded by the County, which is public taxpayer money that goes to fund programs that do spay and neuter, organizations and their work. That's incredibly important to note as we walk into a discussion about what we are or are not doing. To the point that we have not listened, I find it frustrating because we're on Draft 3. There have been multiple amendments over the course of the last eight weeks proving that we listened. Each one pointing to a different area, each from a different Council Member wanting to amend a code section potentially, that takes into account what we're hearing from both sides of the fence. There are already abandonment laws in our County code that stem from HRS (Hawai`i Revised Statutes). From the beginning, before this bill even hit the floor, I worked with Lauren Foo to make sure that her wants and her program that was potentially walking into the County would be allowable. And the first thing that we did was amend this bill to allow for any programs authorized by the County, and that really did wrap any program that existed, does not exist yet that could fit within the bucket of what we're trying to do here. And lastly, we have educated people on both sides. I love that because it shows that we're working together to come to a solution that's acceptable for all of us. I have had numerous opposed testimony. I've also had supportive testimony, even from folks on the Audubon Society, the California Department of Fish and Wildlife, DLNR (Department of Land and Natural Resources). There's a number of strong organizations that are in support of the idea of prohibiting the feeding of animals to lessen the impact on our endangered species, which is where this bill originated from. So, with that, we had a memo that came in from our Corporation Counsel stemming from a concern that was raised at the last meeting. Ms. Schoen, could you please walk us through your memo that was submitted? And I'm hoping we don't have to dive into Executive Session today. But if you could summarize for us, I think that would be helpful for the conversation and for any amendments that potentially stand as being a portion of this bill today. (Note: At this time, Corporation Counsel Renee Schoen came forward to address the members of the Council.) Page 35 Hawaii County Council-20 August 6,2025 MS. SCHOEN: Good afternoon. Renee Schoen, Corporation Counsel. So,yeah, the memo that I did provide was under attorney-client communication based upon direct questions that I received from Council Member Onishi. So would you like me to share those with the body right now? MR. KANEALI`I-KLEINFELDER: If you are comfortable—let's just say whatever you're comfortable in sharing without having to enter Executive Session; it's transparent for the constituents that are here with us. But I also don't want to overstep what you've shared, and I'm not saying anything to give you that leeway. Point of Information: MR. ONISHL Chair,point of information. CHR. INABA: Vice Chair Onishi, your point. MR. ONISHL I think we should go into Executive Session with this memo that we got of my questions, because we could kind of put ourselves into different situations. MR. KANEALI`I-KLEINFELDER: Corp. (Corporation) Counsel Schoen, would you like to enter Executive Session in protecting our interest? MS. SCHOEN: That would be my preference, but it's up to this body. MR. KANEALI`I-KLEINFELDER: Okay. Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to enter into Executive Enter into Session in order to hold attorney-client privilege discussion Executive Session: regarding Bill 51, Draft 3, as authorized by (Approved) Section 92-5(a)(4) of the Hawaii Revised Statutes. Seconded by Mr. Onishi and carried by the following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Recess: At 1:22 p.m., the Chair called for a recess in order to clear the room. Reconvene: The meeting reconvened at 2:06 p.m. Page 36 Hawaii County Council-20 August 6,2025 CHR. INABA: We are out of Executive Session,pursuant to Hawaii Revised Statutes governing our Executive Session matters. Council Member Kaneali`i- Kleinfelder will provide a brief summary of our discussion. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Per our rules, in our Executive Session we discussed the requirements of and the compliance with both Federal and State laws in regards to the County of Hawaii and the actions that we may or may not take. CHR. INABA: Thank you very much. So we currently have on the floor Bill 51, Draft 3. You have the floor, Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. Okay, of what we have just learned from our Corporation Counsel, I believe, without stating anything that we've learned thank you. Thank you, Chair. Thank you for the reminder. I believe the best thing to do, at this point in time, is to return to where we started. So, at this time, I'd like to make a motion to amend Bill 51, Draft 3, with the contents of Communication 283.290. Motion to Amend: Mr. Kaneali`i-Kleinfelder moved to amend Bill 51, Draft 3, with the contents of Comm. 283.290. Seconded by Mr. Onishi. CHR. INABA: For those joining either on Zoom or here in the chambers, this is available on our County Laserfiche website under"Pending Amendments," and located there for amendments under Bill 51. Council Member Kaneali`i- Kleinfelder, go ahead. MR. KANEALI`I-KLEINFELDER: Thank you very much, Chair. So, reason being, we decided in Executive Session not in the Executive Session, but it was brought to my attention that in Kauai County, an issue arose regarding endangered species. And an ordinance was passed to effectuate a change within the County law that protected the endangered species. In the same sense, we're doing the same thing here. By creating a program, which we were calling the Certified Community Cat-taker program, we do run the risk of being outside of what is allowable under Federal and State law. And so the amendment in front of you, 283.290, would effectively remove the Certified Community Cat-taker program out. And while that may be seen as an incredible negative, I would point to the wording in Section (d), which I actually added in, or we as a body added in in a previous hearing for this bill, that"nothing in this section prohibits, restricts, or limits the ability of the County or of a person authorized or contracted by the County to trap, remove, impound, or seize an animal or to undertake any other power or duty under this chapter or the Hawaii Revised Statutes, chapters 142 or 143." Page 37 Hawaii County Council-20 August 6,2025 I read this section to you today because, after seven years of sitting in this chair, I have realized that when we decide to get ultra specific and make things incredibly complex in our code language, we actually create more problems than we mean to. And so by enabling a person in the case of Section (d)that is contracted by the County to trap, remove, impound, or seize an animal or to undertake any other power or duty blah, blah, blah, blah, we're basically saying if you come in and work with the County and you're authorized by the County, and we're overseeing that program, then we are making sure that we're not overstepping any State or Federal laws that exist. That doesn't mean that you can't continue doing trap, neuter, release programs. And that was the purpose of the amendment in the first place after working with Lauren and Parks and Rec (Recreation) to find that middle ground. This has been the language for a month, but it was amended at the last hearing to really carve out even more of a niche program, which is good. But it also creates a layer of complexity, and we step away from the idea that was ingrained in me, which is keep it simple. Anyone should be able to read any section of our code and know exactly what it means at all times, and not have to get a lawyer to explain it back to them. And so that really is why this amendment is in front of us. It takes us back to where we started, but in a way that doesn't take away anything that's been asked of us already and protects the County and citizens of our County from overstepping any State or Federal laws that exist. With that, seeking the Council's support. And I do appreciate your patience to date, as there has been a number of hearings and a lengthy discussion. So thank you. CHR. INABA: Thank you. On the amendment, Council Member Kimball and then Council Member Villegas. MS. KIMBALL: I think, based on the discussion we had in Executive Session, it makes sense for us to go back to a clean slate to work from. I would just ask for, either from the Chair or from the Clerk, I presume that because going back to the original language would include the references to 142, 143, that when we get back to deliberations on the main motion, we can still talk about the feeding program that was identified in the Draft 3. And that would not be outside of the bounds of Sunshine Law if we were to take that up, in which case I would ask the maker if we could actually talk a little bit about the bill in its current form before moving forward with the amendment so we can have that dialogue. But I will defer to the Clerk and the Chair on that. CHR. INABA: You want clarity on whether we can discuss a feeding program after we remove that language from the bill via this amendment? MS. KIMBALL: Yes. CHR. INABA: Mr. Clerk or Corporation Counsel? Page 38 Hawaii County Council-20 August 6,2025 MR. HENRICKS: Nothing to add. CHR. INABA: I'll make the determination I don't think it's out of the question. I think we can discuss it as a matter just generally related to the topic at hand. MS. KIMBALL: Great, thank you. That's all I needed to know. Thank you. CHR. INABA: Council Member Villegas, on the amendment. MS. VILLEGAS: On the amendment, thank you for taking us back to this simple form. Also, as you were talking about Section (d), really looking at each word, it doesn't say anything in here about feeding. I know that using food as a means to lure, to trap, to me that's a connected utilizing of food as bait. To me, I just want to make it very clear that you can work with the County to trap, remove, impound, or seize an animal but not for consecutive, consistent feeding. So there is opportunity for people to work with the County to remove the animals from our County Parks and Rec facilities. But the consistent feeding will no longer be allowed, and I firmly support that. I yield. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. So I had a proposed amendment here that would amend the language that we have included,that now we're talking about taking out. And I'm wondering if there's still room since I didn't get a chance and that was actually numbered before this one—to talk about that, to have a chance to discuss it. Would I still be able to consider it in the main motion, or does it need to be brought into this conversation? CHR. INABA: I don't believe we can take that up due to the overlapping language. So we can't amend language that we already removed via the current amendment on the floor. Council Member Kaneali`i-Kleinfelder had the floor first as he was the maker of this bill. So he had the first opportunity to make the amendment today. MS. KAGIWADA: So there's no opportunity to discuss this language in any way? CHR. INABA: Maybe we can discuss it. Mr. Clerk, if you want to chime in there, but I don't think we could actually take action on it. MR. HENRICKS: Yes, certainly out of my jurisdiction to decide what the Council can discuss. It's the Chair's first prerogative. But just as generally on the main motion, you know to your question about with this communication, is it viable if this amendment on the floor is approved? No, it's not. CHR. INABA: Thank you. Page 39 Hawaii County Council-20 August 6,2025 MS. KAGIWADA: So could I bring it up now since we're ? CHR. INABA: No because we are on MS. KAGIWADA: Discussing removing the language that I had intended to amend? We're on the amendment now, right? CHR. INABA: We're on 283.290. So any discussion related to that specific amendment, you can discuss. MS. KAGIWADA: Okay, thank you. Okay. So I had been prepared to amend the language that we're talking about taking out, and I just want to share that with the public and with the Council here so that you understand what my intention was. In our last meeting, we had talked about the word "return"being problematic by itself. And so I had put in some language here to talk about "strategic return" and CHR. INABA: Okay, so that's where we can't discuss that. MS. KAGIWADA: Why can't ? CHR. INABA: Because we are on 283.290. MS. KAGIWADA: I'm talking about— CHR. INABA: Excuse me. The language that's being struck from the bill is in 283.290. There's nothing regarding "strategic return" here. MS. KAGIWADA: But there is about"return." CHR. INABA: We can't talk about what's in another amendment right now. MS. KAGIWADA: Okay. But I'm not bringing it up as an amendment; I just want to specify that. If I can talk about it in the main motion, that's fine, but I'm only talking about it as far as we are talking about this amendment and removing the word "return." I am addressing the fact that in this proposed amendment, we're talking about removing the word"return." And so I wanted to discuss what that means and the discussion around that word "return." And once we CHR. INABA: We're removing the whole section right now, Council Member Kagiwada. So if you have concerns about that, please express those concerns. MS. KAGIWADA: I do. I have concerns about removing the word"return," which I—after our last discussion, I wanted it to mean or to include "strategic return,"which I had been talking about meaning rehoming or fostering; transportation to a home, shelter, or sanctuary; humane euthanasia when Page 40 Hawaii County Council-20 August 6,2025 recommended by a veterinarian; or return to previous designated area as approved by the Animal Control and Protection Administrator. So I just wanted to say that's what I had hoped to change. Now that we're removing the word"return," I don't think I have the ability to discuss it later. So I just wanted to put that out there. I yield. CHR. INABA: Thank you. Briefly, I'm ready to vote on this amendment and share my mana`o, Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. Ms. Kagiwada, in reviewing the amendment, I didn't want to take away from that. From what we've just learned from Corporation Counsel, to do anything that would maintain the idea of the certified community cat caretaker program would be potentially detrimental to the County. So, in regards to the amendment and the reason for 283.290, my amendment, was to remove that so we're not overstepping any State or Federal laws. I'm hoping that helps to answer your question in a couple different ways. MS. KAGIWADA: Chair, may I just respond? CHR. INABA: Okay, go ahead. MS. KAGIWADA: Just yeah, so I guess I was reacting to the original language, whichsorry, we have so many amendments here—which you alluded to earlier about the "nothing prohibits a person authorized or contracted by the County to trap, remove, impound, or seize the animal." So that was you had said that it doesn't take away the ability of some of our community folks to do some of that. And so I wanted to add this "strategic return"to the conversation,just for thought and to be out there, because I think it was a concern. I'm sorry, at the last meeting that you weren't here at, we talked about this. I was responding to that discussion. Thanks, I yield. CHR. INABA: Thank you. All right, I'll share my thoughts here. Thank you, Vice Chair Onishi, for the inquiry to the Corporation Counsel and, Corporation Counsel, for your subsequent memo. I think we had good discussion in Executive Session to really make sure we know where we stand in terms of Federal and State laws. It relates to endangered species and making sure we stay in our lane and in line on that. So, with that, can we take a roll call vote,please, on amending Bill 51, Draft 3, with the contents of Communication 283.290? Page 41 Hawaii County Council-20 August 6,2025 Vote on Motion to The motion to amend Bill 51, Draft 3, with the contents of Amend: Comm. 283.290 was carried by the following roll call vote: (Approved) Ayes: Council Members Hustace, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—7. Noes: Council Member Kagiwada— 1. Absent: Council Member Galimba— 1. Excused: None. Motion to Suspend Ms. Villegas moved to suspend Council Rule 23 to waive Council Rules: the holdover for the substantive amendment of Bill 51, Draft 3. Seconded by Mr. Onishi. MS. VILLEGAS: I'd like to call for the vote. MR. HENRICKS: It's not debatable. CHR. INABA: It's not debatable so here we go on suspending the rule. Roll call. Vote on Motion to The motion to suspend Council Rule 23 to waive the Suspend Council holdover for the substantive amendment of Bill 51, Draft 3, Rules: was carried by the following roll call vote: (Approved) Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. CHR. INABA: We can continue discussion either on Bill 51, Draft 3, as amended with the contents of Communication 283.290, which removed certified community cat caretaker exemptions from this ordinance. Council Member Villegas. MS. VILLEGAS: I'd like to call for the vote. Page 42 Hawaii County Council-20 August 6,2025 Vote on Motion to Ms. Villegas moved to call for the question. Seconded by Call for the Question. Mr. Onishi and failed by the following roll call vote: Failed Ayes: Council Members Kaneali`i-Kleinfelder, Onishi, and Villegas —3. Noes: Council Members Hustace, Kagiwada, Kierkiewicz, Kimball, and Chair Inaba—5. Absent: Council Member Galimba— 1. Excused: None. CHR. INABA: We are still on the main motion, Bill 51, Draft 3, as amended. Council Member Kimball. MS. KIMBALL: Thank you, Chair. I'll start with the comment was made by Council Member Kaneali`i-Kleinfelder that often we disagree up here on the dais. I would actually say that I think that, on this idea, we are actually all in fundamental agreement: 1) cats, non-native species, they don't belong here. They're harmful to the environment; 2) we all care for and prioritize the protection of our native species, particularly those that are endangered and threatened; and 3)that we believe that there's fundamental responsibility of the Council and the County to protect health and safety in our public spaces; our parks, our roadways, all of that. What I would ask is for the opportunity to continue to work on what we are trying to achieve through this legislation to meet those goals. Because I fundamentally believe that, as drafted, this will not be successful. We have laws on the books already for abandonment, which are not enforced and which is the primary reason why we have so many feral cats in our parks. We have laws that DLNR are meant to enforce, and we know that they can because they've tried, and they don't enforce. And to have one more law on the books that is going to be very difficult to enforce, what it's going to result in, I honestly believe, is a series of nuisance calls to HPD (Hawai`i Police Department) to—Council Member Onishi, why are you pointing at me while I'm talking? Okay. I'm sorry. I felt like that was not appropriate. It's all good? Okay, thank you. What I would say is that there are going to be a lot of nuisance calls made to Dispatch, to HPD that are not going to be responded to because HPD has higher priorities—domestic violence, burglaries, auto thefts, things like that. And so it's just going to be a point of frustration for everyone. The very passionate cat feeders that have come out again and again, they're going to start feeding cats in other locations. The whole program that we've been talking about was actually initiated because my paddling friend said, "We've got feral cats in our canoe hale. Can you come Page 43 Hawaii County Council-20 August 6,2025 and help us do something?" I said, "Yes. Let's try to figure this out." So I started working with some of the groups, and they said, "You know what, if we remove all of the cats from the hale at Bayfront, all the cats from Suisan or from Wailoa State Park are just going to move in. And you're just going to have this cycle of cats." That's what's going to happen here, is that they may not continue to show up in some of these locations. But cats are resourceful. I'm sorry; I don't believe that they're going to starve. They are going to go eat geckos. They're going to go eat roaches. They're going to go eat bugs. They will do what they need to survive. That doesn't worry me. But what worries me is that we're not going to actually accomplish what we're trying to achieve here, which is to protect our native species, to protect our birds, and to protect the health and safety of the public particularly in our shoreline areas. This is what the data show. This is an area where the data are not conclusive. It's not conclusive that trap-neuter-release-manage works, and it's not conclusive that it doesn't. Because, there were very specific criteria. You have to get 98 percent neutered for a trap-neuter-release program to actually work successfully. That's why there's a need for a pilot program; what could actually work here. Now, I will say that there is not necessarily a reason why the pilot program has to be on a County property. It could be on a property owned by another entity or a private person. The key thing with this pilot program, and I'm looking over here because the key thing with this pilot program is that there are so many people with disparate ideas, as we know, very passionate on all sides of this, that need to actually come together for us to successfully manage the cat program. And the idea of this process was to get everybody at the table talking, and we were kind of almost there. It's so unfortunate because this bill literally came out the day after our last facilitated meeting. I mean, this is how difficult this is. We had two meetings where we hired a facilitator to help us talk through all of the details and logistics, and we were almost ready to go. And there were still some things that we worked out, some of the things that we talked about in Executive Session today. So I'm just going to leave it there. I would like for us this is not the highest and most important thing, sorry, that we have to deal with in this body. It just isn't. And I don't want to spend a ton of time on it. But I'd rather get it right than have something that's just another law on the books that doesn't get enforced. So I ask for a postponement. CHR. INABA: Vice Chair Onishi. MR. ONISHL Thank you, Chair. We talked about enforcement. We've passed legislation about enforcement, and certain ones that we're not going to be able to enforce. For example, riding the bikes along certain County roadways. By the Page 44 Hawaii County Council-20 August 6,2025 time people call, the people on the bikes are going to be off the roads. So when police come, or if they ever come, then they might cite them or they might fine them. But we've passed—I've seen so much on the Council that we passed, so much legislation, that it's not enforceable. Or it is you're supposed to enforce but it's not being enforced. Through all that discussion about management, I never heard once a mention about the cat sanctuary. And I've got to go to Ms. Kimball, if I can. CHR. INABA: Just a moment. I'm going to ask members of this body to refrain from making side comments or gestures, because I'm seeing that as an issue today. So you've been noticed. Please stop. Vice Chair Onishi, continue. MR. ONISHL Okay, thank you. So you've been to Lanai to see the cat sanctuary. I want to get your thoughts on how, or if they are successful or they're not successful in that program. MS. KIMBALL: May I respond, Chair? CHR. INABA: Go ahead, Council Member Kimball. MS. KIMBALL: I think that they, on Lanai, because it is privately funded and it's on private property and it is not— MR. ONISHL No, no, my question just is, is it successful or it's not successful, in your thoughts. MS. KIMBALL: I would judge success on, to include economic viability. If it were a county-operated sanctuary MR. ONISHL I'm not saying that. MS. KIMBALL: I do not think it's successful. CHR. INABA: All right. So, no further dialogue now, I'll make a statement and answer simple questions. MR. ONISHL If we can create or if we can get someone to come to this island to create or get support from the County to create this cat sanctuary, that could help with what I'm hearing through discussions about we're not going to, I guess, reduce the populations of this feral species. So, to me, we need all these parts. And it was mentioned in testimony that we need all the different parts in order for this to work. And we cannot just have one part; we need all the parts. So, unless we can get all of them, it's not going to work. Page 45 Hawaii County Council-20 August 6,2025 But, for me, we need to protect Hawaii County from State and Federal laws. We cannot violate that. I've been there before, on previous council, when the body passed something and then we got, I guess, sued or we got a court order that we were illegally doing what we were doing. So I just don't want to see that happen here, and I don't want to be part of that, of having to violate the Federal and State laws. I yield. Thank you. CHR. INABA: Thank you. On the main motion, Council Member Kagiwada and then Council Member Villegas. MS. KAGIWADA: Thank you. Chair, I just wanted to remind my colleague that I just brought up the cat sanctuary when I was talking about what strategic return means to me, which was rehoming or fostering, transportation to a home, shelter, or sanctuary, humane euthanasia when recommended by a veterinarian, or returning to the previous designated area as approved of by the Animal Control and Protection Administrator. So I take issue that it hasn't been brought up. I just said it and I just wanted to repeat that so it is part of the record, because I do think that it is a possible part of the solution, like you just said. You said there's lots of parts and I totally agree; all those things are part of the solution. I do understand what Council Member Kimball is saying. It's something I've been saying all along. Council Member Kaneali`i-Kleinfelder, to the maker, who will be enforcing this law if it goes through? What agency has said they could do that or they will do that? Can you please let me know? CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. My assumption would be HPD or Animal Control. My common sense would tell me it would be HPD. The only way we'll ever know is to pass the law and find out. MS. KAGIWADA: Okay. I also have just similar—our HPD is very overwhelmed and understaffed. And I think—dangerous dogs were biting and killing people. Now, that's an issue that I hope HPD continues to be involved with around animal control. I think we have much higher priorities for our HPD than this. So thank you for articulating that. I do hope we can continue to look at a solution that gets us all to where we want to go could be here. I'm just really worried that we're selling ourselves short and selling our County short if we pass this as is and think that's the end of it. I yield. CHR. INABA: All right. Council Member Villegas and then Council Member Kimball. Let's wrap this up. MS. VILLEGAS: Being born and raised here on the Big Island and having seen the feral cat issue and the devastation and demise of our indigenous species and Page 46 Hawaii County Council-20 August 6,2025 our birds over decades, heard the same pleas from advocates for feeding in public spaces for decades, those faces and names and organizations expand and withdraw consistently. Also, I want to point out that people have been mentioning glyphosate harming native species, as well as sunscreens. I want to point out this body has passed legislation that prohibit the utilization of glyphosate in our County Parks and Rec facilities. So, tick; we have taken action on those other harmful exposures. We've also passed legislation that created a ban on the sale of non-mineral sunscreen in our County. So, tick; we are taking action in that capacity as well. I'm very close with our community policing in Kona, and yeah, this isn't something they're going to want a whole lot of calls about. But quite frankly, the consistency and the repetitiveness as well as the same location where feeding of colonies happens in our County parks and on our properties would make it—it's not going to take very long for the message to be sent. Also, 9.9 percent of the people that I hear from outside of this chambers on this issue express their gratitude to this Council for taking up this issue. Nobody's saying it's going to solve everything. God, that would be wonderful! That's not possible on any issue. But nobody's picked it up and been willing to bring it forward because of, quite frankly, a lot of the bullying that happens by people who are passionate about these creatures. And nobody wants to be pegged as somebody that supports starvation legislation. So this is a tough one to pick up. But it's a step, like these other pieces of legislation that we've passed, moving us towards where we want to get to. And I believe it also forces responsibility onto the advocates for these creatures and for ensuring their health and wellbeing, and forces them to step up to the next level of trapping, of neutering, rehoming, relocating, or ethically euthanizing. It just forces that next step. And it also, to our next generation of leaders and scientists and environmental activists and cultural practitioners, it sends a message to our future generation of leaders that we hear them. We recognize and value their returning to the culture, the language, the value systems that are aligned with our native species and what they represent to a people. When I hear people talking about cruelty to species, that's when I want to say, "Please know the history of this place, what happened to the people of this place, what happened to their language, their culture." And in the renaissance, the resilience, and the regenerative return of that wisdom and those people, I myself see hope for our future. And unfortunately, yes, there are invasive species here that will end up eventually being removed because they weren't intended from here, and not as domesticated; like, keep your cat. They're precious creatures. But yes, through the negligence and perpetual practices. Page 47 Hawaii County Council-20 August 6,2025 But we have to take a step forward with courage, determination, and honoring just honor you guys. So thanks for being here consistently and your efforts and diligent work, and the heat you've taken in many different arenas. But I honor the legacy that you are going to be leaving. And I'm grateful to be here to support your work. I yield. CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Thank you, Council Member Kaneali`i- Kleinfelder, for just showcasing leadership in bringing this very difficult topic to our body to discuss. I have been tracked down by people on both sides of the issuecalls, visits to my office, at the supermarket, at community events just kind of imploring me to vote one way or the other. So I just I appreciate the passion on all sides. My preference for the bill was the previous version, Draft 3, where there was a component where the community was recognized as a partner and a collaborator in taking care of animals. And in light of what was presented in Executive Session, the complications of including that and being at risk of violating Federal law was very concerning. So we're back to this draft, but it's not palatable to opposition, and the majority of them happen to live in my district. So I need to honor your position and be your voice here on the Council. I am with my colleagues Council Members Kimball and Kagiwada in the concern about our County's ability to enforce this measure. We have laws on the books that haveI don't want to say that they've been ignored. I think it just lends itself to the kinds of choices that members of our Police Department must make. Are you going to answer the domestic violence call, or are you going to answer the call about somebody abandoning their cat? Right? I think the former is going to win every single time. And so this issue has kind of just spiraled out of control and we're here. Now, we're at this tough spot where we've gone from zero to a hundred and are entertaining this ban. I wish there was more time for collaboration, because there are a lot of folks on both sides that are putting forward I think really excellent solutions. And there's room for all but just not enough time to get these programs off the ground. So I appreciate the conversation that we've been able to have today. And I hope, Council Member Kimball, that you're able to move forward on some of the dialogue that you've had with community and move forward on the projects that you folks have engineered. I do love when the community doesn't only offer a solution but also steps up to help implement it, because oftentimes, the County is left with having to do everything. So we definitely welcome community partners to be involved with a solution. Thank you, Chair. Page 48 Hawaii County Council-20 August 6,2025 CHR. INABA: Thank you. Council Member Kimball. MS. KIMBALL: If I may. First of all, I want to make clear that I don't intend to ever, regardless of what the draft legislation is that would put us in direct violation of State or Federal law; that would be nonsensical. In addition, in terms of the Council having passed in previous terms legislation that was unenforceable and didn't make sense, I encourage all of you to read Chapter 14, which has a plethora of things that actually we can't even do. But I think what's good about this bill in the way that it is drafted, Council Member Kaneali`i-Kleinfelder, is that it is an amendment to Chapter 4, Article 3, which I just took an opportunity look at again. And I see other places within Chapter 4, Article 3, that we could add to this legislation to make it a more viable, meaningful piece of legislation. I am happy to find a way to work with all of the interest groups here to figure that out. Because at the end of the day, as I've said before, I think we are all in agreement that cats don't belong, nene need to be protected as well as our other bird species. We shouldn't have other feral animals being fed in our parks, and we want to protect public health and safety. In its current form, I do not believe the bill accomplishes that, but I do think there's the effort maybe to get there. And then just finally, I think, as a rough number, when we talked about cat sanctuaries, the estimate is about$1,000 per year per cat. So when we talk about success, I would rather spend that money to get the equivalent number or more cats neutered and dealt with than having the County, our money, invested in a sanctuary. Do I think it's great that community members set them up and provide that? Yes. Do I think the County should do it? No. Do we have some responsibility for giving people a place to take their animals? Yes, I think we do. But the very top level of this hierarchy of how we address this problem is around education and making sure that people are responsible pet owners. And we are so far from that from here. I'd like to postpone at least until September 3rd to give some time for those conversations. But since the author has his light on, I will wait to make that motion. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Okay. I'm still feeling a little bit of confusion, so I'm just going to back up a little bit. Nothing about this bill bans any form of animal sanctuary. If anyone wants to make a sanctuary, you're welcome to. You could have one on your private property. The only thing this bill does is stops and prohibits feeding of feral animals on publicly funded land. That's it. It's real straightforward. Page 49 Hawaii County Council-20 August 6,2025 So the idea that animals may die, they could die anyway. The idea that you can't do this anymore,you just can't do it on County property. The idea that the program can't exist, I really don't agree with that viewpoint because we allow for it in a very, what I like to call specifically vague way is that the County- authorized program may continue. And that allows for a program to happen. It doesn't stop Council Members from doing anything they want to do in their district. It actually allows for it in coordination with the County. These words that we create are purposeful, but I was again taught do not over specify. Because when you over specify, you create such a layer of complexity that becomes difficult to 1) enforce or 2) create or 3) do what we're all trying to do here. So the Draft 3, in my opinion, humble as it may be, really does bring us to a place of can Council Member Kimball continue to coordinate—or Draft 4, wherever we are—can you continue to collaborate with community and County and find a place for this program? I believe yes. I do honestly feel yes. And I've heard it "Oh, you're being subversive wherever it's going to be." I don't believe that. The point is to allow for that to continue. As I've stated, Lauren was the first person to reach out to me. She addressed her concerns. And then Parks and Rec and their Corporation Counsel provided an amendment, and that's where we landed at Draft 2. With Council Member Kagiwada's amendment of pushing us out to January 1st 2026, that gives us a four-month time period to provide community education, provide police where we're headed, and to put up signage and to begin to put this out to the public. So we have time. It doesn't go into effect immediately like it could. We have a four-month lag. So you have four months, really, to be where you want to be with community, have community members understand, work towards your moving the cats,putting them somewhere else where you want them to be so they're well-fed and taken care of,just not in a public space. That's it. So my hope today was that we can move this forward. If we find that in a month or two months or in six months or in two years that there is a problem, then so be it. It can be amended at that time. But right now at this point in time, it's like saying—what I'm hearing is let's do nothing, or let's wait so that we can continue to work on it, when what we have in front of us gives allowances for future, provides a steady reality of"This is not okay going forward,"protects species, takes us out of the realm of possible lawsuits floating around as we've seen in other jurisdictions, and sets us in the right direction without being intentionally cruel. That is, to me, the basics of this bill in its form right now in front of us. So my ask today would be to move forward with it and proceed at this body's will. I yield, Chair. CHR. INABA: Council Member Kagiwada. Page 50 Hawaii County Council-20 August 6,2025 MS. KAGIWADA: Thank you. I just have a quick question for Corporation Counsel. One of the Council Members stated that they thought that baiting could still be used to trap animals with this language we have here. So I just would like confirmation from you if you agree that using food to trap animals could still be used. MS. SCHOEN: Renee Schoen, Corporation Counsel. I don't know the answer to that. I can find out and get back to you, but I don't know the answer. MS. KAGIWADA: Okay. I think it would be pretty important for us to know that, given that we,you know, anyway that's just—thank you. Thank you for your honesty on that and hope we can get an answer. CHR. INABA: Council Member Kimball. MS. KIMBALL: Thank you. I'll be brief. Just to respond, Council Member Kaneali`i-Kleinfelder, I do believe that the language that is in this Draft 4 with reference to 142, 143 does allow for the program that we have in mind to continue. Let me just acknowledge that. My motive for asking for a postponement is actually to—in my mind, I think there's opportunity to still improve the bill to actually achieve what I believe it is that you are trying to achieve and that we're all in agreement with. To just put it simply, I don't believe in its current form it will accomplish what you want to accomplish, which is to protect the native species, to keep our parks clear of feral cats. I think that there is an opportunity to improve it so that it will be actually effective. And that is my motivation. Again, I would you know what I'm going to do, Council Member Villegas? I know you want to make a comment, but what I'm going to do is actually make the motion to postpone, and then you can speak to the postponement if that's okay. Motion to Postpone: Ms. Kimball moved to postpone Bill 51, Draft 3, to September 3, 2025. Seconded by Ms. Kagiwada. CHR. INABA: Council Member Villegas. MS. VILLEGAS: I feel like I'd be remiss if I didn't point out that in our last meeting when the introducer of this legislation couldn't be here, I asked for a motion to postpone out of the respect for protocol for the introducer not being here, and instead that was voted down and then amendments were made while the original introducer wasn't here, which that amendment we have now discovered makes us vulnerable to Federal and State violations of law. So there's just a lot of irony happening right now that I won't be supporting the postponement. And one of the things that was mentioned was members of this Page 51 Hawaii County Council-20 August 6,2025 body didn't want to postpone last time because they didn't want to have to go through all the testimony and sussing this out once again, and yet the bill was still passed forward. So I feel like we've gotten to where we're going to get to. And while the intentionality is to continue to improve, there is no timeline on continuing to improve policy and the law. Amendments can be made and things continue to improve moving forward. It doesn't change the fact that I call—it makes me call into question the authenticity of the intention for a postponement when that's what was asked for last time. And I was disappointed that the Council Member who introduced the legislation was denied that respect and that honor and that opportunity, all within the rights of the body and the voting. So I won't be supporting a postponement. I believe we know what we need to know so far, and there will continue to be efforts to be made on all sides. And if further amendments to this legislation come forward, those can be made and brought forward at another time. But asking for another pause I feel is just too ironic, and it's a bit hypocritical. So I yield at this time. CHR. INABA: All right. I don't support a postponement. I think we've landed at a good spot. Maybe there are better ways to address things later. I don't think anyone has a clear idea of how that's to be done right now. So, Mr. Clerk, roll call on the postponement. Vote on Motion to The motion to postpone Bill 51, Draft 3, to September 3, Postpone: 2025, failed by the following roll call vote: Failed Ayes: Council Members Kagiwada and Kimball —2. Noes: Council Members Hustace, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—6. Absent: Council Member Galimba— 1. Excused: None. CHR. INABA: I'll share my thoughts and we'll take the vote. Council Member Kierkiewicz' points regarding the difficulty of this legislation to bring forward I think can't be echoed enough. So I want to mahalo Council Member Kaneali`i- Kleinfelder for bringing this to us. As a fundamental matter, I don't support the feeding of feral animals. I think there's been a lot of focus on cats, but I don't support the feeding of any feral animal on County property. And while we might not have exactly everything ironed out as to enforcement, I think there is a lot of opportunity for the County to work together with our community partners to figure out ways that we can relocate these cats that are homeable, euthanize cats that are feral in nature and not homeable, and ultimately take care of the cats and most especially our community and our residents who utilize our parks or any of our County facilities. Page 52 Hawaii County Council-20 August 6,2025 So, with that, I'm in strong support of this bill, and I look forward to the continued work that we can make with our community partners. And perhaps this is an area as we look towards our next Waiwai grant application period where we can maybe focus more funds to address whether it be spay-and-neuter clinics or other services that are in need of funding as they relate to feral animals and their welfare here in our County. So, with that, we'll take a roll call vote on Bill 51, Draft 3, as amended. Vote on Bill 51: The motion to pass Bill 51, Draft 3, as amended to Draft 4, Draft 4 on second and final reading was carried by the following (Adopted) roll call vote: Ayes: Council Members Hustace, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Inaba—6. Noes: Council Members Kagiwada and Kierkiewicz—2. Absent: Council Member Galimba— 1. Excused: None. Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following item was taken out of order: Comm. 334.12: BILL NO. 64 —REQUEST FOR RECONSIDERATION From Council Member Dennis "Fresh" Onishi, dated July 28, 2025, requesting that the vote on Bill No. 64 be reconsidered pursuant to Council Rule No. 14. ; and Bill 64: INITIATES AN AMENDMENT TO ARTICLE VI, CHAPTER 2, SECTION 6-2.2, OF THE CHARTER OF THE COUNTY OF HAWAI`I (2024 EDITION), RELATING TO THE DIRECTOR OF PUBLIC WORKS Replaces the requirement that the Director of Public Works must be a registered professional engineer with the requirement that the Director have a bachelor's degree in engineering, architecture, public administration or a related discipline, or a degree in law. Adds the requirement that at least two of the five years of required administrative or managerial experience must be in public works or construction, or a related field. Reference: Comm. 334 Intr. by: Council Member Inaba Negative: GOEAC-53 (Due to a vote of 3-ayes, 5-noes, 1-absent) First Reading: July 23, 2025 2/3 Vote: First of three required readings, Section 15-1(a), Hawaii County Charter Page 53 Hawaii County Council-20 August 6,2025 Motion to Mr. Onishi moved to reconsider the vote taken on Bill 64 Reconsider: during the meeting of July 23, 2025. Seconded by Ms. Kierkiewicz. CHR. INABA: Any discussion? MR. ONISHI: My reason is basically for more discussion. I was hoping HR (Human Resources) would be here to help answer some of my questions, but I don't know if Sommer's here. But I'll yield right now. CHR. INABA: Thank you. On the motion to reconsider the vote on Bill 64 and bring it back to Council, all those in favor please say "aye." Vote on Motion to The motion to reconsider the vote taken on Bill 64 was Reconsider: carried by the following voice vote: (Approved) Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, and Chair Inaba—7. Noes: None. Absent: Council Members Galimba and Villegas —2. Excused: None. CHR. INABA: With that, Mr. Clerk, we are confirming back on the floor with Bill 64. MR. HENRICKS: Correct. So the motion is to pass Bill 64 on first reading. CHR. INABA: Thank you. Being that this is my bill, I think it's appropriate at this time that I relinquish the chairmanship to Vice Chair Onishi. Relinquish Chair: At this time, Chair Inaba relinquished the chair to Acting Chair Onishi. ACTING CHR. ONISHL Go ahead, Chair Inaba. MR. INABA: Thank you. I wasn't present at the last meeting and had requested that this matter be postponed to this meeting so that we could discuss and have further input from the Mayor's Administration, especially in light of some of the difficulty we're experiencing in filling this position right now. I believe Mayor or Managing Director is heading down to share their mana`o on this bill. But similar to the point that Council Member Villegas brought up for Bill 51, it is a common professional courtesy that we extend to other members of this Council that, at their request, in the absence from a meeting that we do postpone. So I'd like to remind members of this body that has always been the case so that Page 54 Hawaii County Council-20 August 6,2025 everyone has the opportunity, most especially the maker, to advocate and discuss his or her bill. So, moving forward, I'd ask that that professional courtesy continue to be extended here in this Council. But, for me, I think there's been discussion around the removal of this requirement for a licensed engineer as the Director of Public Works. We have other bills right now for other departments, DEM (Department of Environmental Management), to try and broaden the pool of people that we can tap to lead these departments. And I think we're really at this pivotal point not to have to require that, not that we can't look for professional engineers, but that we can expand beyond that. We can have a deputy who is a professional engineer if we need to, but we'll be ensuring that we have the best leadership in our County as it relates to moving our department's goals and programs along. And I think that really speaks to our ability as a Council to improve our work when it comes to our programmatic review. And looking at each of the programs that our departments are in charge of, and ultimately having us have better oversight of these departments and each of the programs, and as we roll out this new program that I'm working on that I'll be introducing to you folks, I think that really is where the rubber hits the road and where we can really try and have a bit more direction from time to time as to where our departments are going and what they're doing. We have joining us now Mayor Alameda and Managing Director Bill Brilhante. Gentlemen, as you folks know, this bill was voted down at the previous Council meeting, and we've brought it back here ultimately with more of us present, most especially me since I introduced this bill. But I wanted to give you folks the opportunity to chime in on this bill specific to the Department of Public Works directorship requirements. Mayor Alameda. (Note: At this time, Mayor C. Kimo Alameda came forward to address the members of the Council.) MR. ALAMEDA: Thank you. It's great to be here. Thank you, County Council Members, for allowing us this opportunity to share on this particular issue. So, yeah, I mean this is an important one for us. It's a position that is critical to County projects, infrastructural projects for sure. So we're not saying that we're not going to look at applicants with the professional engineering license. Of course, that's like ideal. We're just saying help us open the applicant pool by not making that the minimum requirement. Neil Azevedo, Acting Director, is a prime example of somebody who doesn't have even an engineering degree. Because, like I said earlier in my testimony, running a department is about management. It's about how you work with people. It's about setting goals and getting things done. And I haven't seen more things get done under Acting Director Neil Azevedo than any other director. And Page 55 Hawaii County Council-20 August 6,2025 so, you know, almost to the point whereI know there's some other issue about creating another department even. Unnecessary. We're 200 days faster in permits than we've ever been. I put out feelers in every sector: "Tell me about our permitting process. Is it getting better?" Everybody says, "Way better, Kimo." That's because of management. So, to me, if we can open up the applicant pool by not creating so strict criteria, that would make it a lot easier for us to fill this position. And I know the engineering community going vouch for their discipline. I've done that as a psychologist. When the social workers and the marriage family therapists wanted third-party payments, guess who was there fighting it? All the psychologists because we didn't want competition. Right? We wanted to validate our academic rigor. And so and (inaudible), when the psychologists went out for prescription privileges because we wanted to provide medication; we have to have that privilege to provide medication for depression and for anxiety, because I felt like we had the training—guess who came out to fight it? The psychiatrists because they were fighting for their positions. So I can see engineers holding on to their discipline. But you know what? I'm glad got social workers out there providing therapy. I'm glad because now they've opened the applicant pool to serve more. So same thing with engineering. I mean, we've got licensed plumbers. Their boss doesn't have the license. We've got licensed mechanics. Right now, their supervisors don't have the license. We have that in our own department already. Environmental Management, same thing. We opened the applicant pool there. So I don't see why we cannot here. The only way I can see it is because engineers are trying to hold on to their last dying breath of their discipline by adding that professional examination. So I think it's good we always try to get the ideal, but don't hold us to that because you're limiting a lot of applicants that can be really good for our County. MR. INABA: Thank you, Mayor. Managing Director, anything to add? (Note: At this time, Managing Director William Brilhante came forward to address the members of the Council.) MR. BRILHANTE: Good afternoon. William Brilhante, Managing Director. Along the lines of what Mayor Alameda alluded to is the fact that we're talking about a very specific discipline here, a licensed engineer. And across the nation—and I brought this issue up earlier when I provided testimony within the Committee setting—is across the nation there's a shortage of licensed engineers. It's one of the hardest positions to fill within the County in and of itself. When I was HR Director, and now under the guidance of Sommer, as her being the HR Page 56 Hawaii County Council-20 August 6,2025 Director, this requirement to have a PE(Professional Engineer) certification or an engineer, that environment hasn't changed, so much so the County is having to provide incentive pay for engineers to come on board. Whether it's related to the salary, we just can't match the salaries. Or we can't match the security of being a partner in a private firm. Because, basically, that's what we're saying. We're asking an individual to give up whatever resources or whatever livelihood they have, and come be the director for over 400 employees within the County of Hawaii, under the Department of Public Works. And we're saying, "Give up everything you have here—all your securities, all your salary and come work for the County in an appointed position," or a position that is associated with the County. And there's just no security. There's no longevity. We can't guarantee it. We just can't do that. So we're already narrowing the field of possibilities. One thing I remember Mayor Alameda, I mean, I'm sorry, Mayor Kenoi saidI always get the two of them mixed up. ACTING CHR. ONISHL Two good guys, that's why. MR. BRILHANTE: Exactly. Two excellent mayors. Mayor Kenoi always said his goal as the Mayor was to find the best and the brightest. And unfortunately, I think with this requirement being in place, we're limiting ourselves to that. We're not able to find the best and the brightest. Because, I challenge the current acting administrator probably is running the department better than almost any previous predecessor that had the PE requirement, and who was head of Public Works. So just something to think about. We're not saying you can't be an engineer. We're more than happy to consider and look at licensed engineers. We've offered the position to several licensed engineers, and each one of them had turned it down for various reasons. So we just want this department to move forward. We want the best for the department. And what gives us even more confidence in our position is the fact that this is, I think, the best or one of the best running six months or eight months, however long we've been in office, under the current administrator for Public Works, under Neil, that we've seen and we've experienced. And I think it just gives us confidence that, yeah, this position is about management. This position is about getting things done. It's not about,you know, they call it analysis, or paralysis by analysis. That's not what this position is about, because we want things in our communities. We want infrastructure. We want projects to get done timely, under budget. And I think that's what we're finally seeing now. And with that, I yield. MR. INABA: Thank you, Managing Director. So I'll yield at this time. I think the case has been made for the need to open up the pool of applicants for this Page 57 Hawaii County Council-20 August 6,2025 position. We have engineers as chiefs at the divisions who oversee engineering- related items and divisions. So I think this is the best course of action for our County moving forward. I yield. ACTING CHR. ONISHL Mr. Hustace. MR. HUSTACE: Thank you, Chair. Thank you, Mayor, Managing Director. Thank you for your time this afternoon. Managing Director, if you could just share, if possible; I know because these are conversations we have with potential candidates. So would you be able to share with us what are some of the instances those candidates may have turned you down, regarding the situation. I think if you'd just kind of share with us some of those details if possible. MR. BRILHANTE: Very good question. Thank you, Council Member Hustace. One of the things I'm always leery of when it comes to employment issues, there's that confidentiality component. So I want to make sure that I don't cross the bounds with that. A couple of the candidates have been internal candidates from within the County that we've approached. I can't say definitively what the specific reason is for the job offer to be turned down, but just generally it was related to the salary. One was related to the time commitment that would have been required. And the other one was the fact that the candidate felt that they didn't have enough on-the-job experience to undertake such aor to accept such a large undertaking. So, generally, those were the feedback we got as to why those turned down. Of course, everybody wanted to work with Mayor Alameda. MR. HUSTACE: Thank you, Managing Director. And to the maker, if I may, Chair? ACTING CHR. ONISHL Sure. Go ahead. MR. HUSTACE: Kind of looking back at Bill 64 here, one of the educational requirements is a degree in law. That's that last"or" statement there. I understand the other degrees or requirements. We had other conversations, other amendments about degrees, the specificity of the degrees, the colleges that they're from and whatnot. But the degree in law, it doesn't disclose that they've practiced law, though, right? It's just that they've attained that degree and not necessarily know or have passed the bar within the State. Correct? MR. INABA: That is my reading of it, yes. MR. HUSTACE: Okay. Does that—because that degree could be from any school across the world, online whatnot, but may not necessarily know our specific laws here within the State. So that piece might have a little bit of a challenge there. Particularly if they're coming into this role, they need to know Page 58 Hawaii County Council-20 August 6,2025 HRS State statutes, those sorts of things. So I kind of see a little bit of an issue there for sure. Yeah. So I just want to present that. Thank you. Thanks, Chair. MR. INABA: Chair, if I might respond briefly. Yeah, I think that's a really good point, that—again, I brought this back exactly as former Chair Chung had presented it in our previous council term. But hearing that concern, I think that is something very valid, that this bill could be amended to say, "licensed to practice law in the State of Hawai`i,"rather than just having a law background. I mean, to open up that extra pool there to those from the law background but not practicing law in Hawaii. Yeah. I hear the point and I think that's something that an amendment can perhaps address in the future. And I'm happy to postpone this bill and work on those amendments and hear more feedback from you folks as it relates to maybe more specifics regarding the extra pools that we're kind of opening up for this position. Thank you. I yield. ACTING CHR. ONISHL Ms. Kagiwada. MS. KAGIWADA: Thank you. Thank you both for being here and for your time. I do really understand how difficult this has been, and how much effort you've put into it and how challenging it can be. One of the things that I guess I keep hearing again and again is the salary and the job security. And I'm just wondering if, one, I know we have the Salary Commission is going to be meeting in the end of August and the end of September this year. And I'm wondering if we can maybe wait on totally finishing this off till after they meet to see if they come back with some good proposals on increasing the salaries for this position, and perhaps one or two others that I know you're also wanting to see that can be hard to fill. And then the job security one, I don't know if you guys had any chance to think about what potential solutions might help with that. But I think we all want to see you be able to successfully hire people that are qualified and that can fit this position. So I think everybody here would be happy to entertain if you had ideas around potential thoughts on the job security. So I'm just throwing those two out there in addition to understanding that you want this change. And I'm just going to relate it. Mayor talked about some of his experiences with other fields. And my experience coming out of education is similar. A lot of people with the teacher shortages were saying, "Okay, teachers don't need teaching credentials. You can come in just with a BA (Bachelor of Arts), and you don't need a teaching credential." Some of those worked out okay, but a lot of those teachers really struggled because they didn't have the training. Page 59 Hawaii County Council-20 August 6,2025 And I personally don't have a teaching credential. I have a masters in education, but not a teaching credential. And when I was doing substitute teaching here, I struggled because it's a different thing to know about education theory and that kind of stuff, and have the actual training needed to be a teacher. So one of the things that education did is when they thought about people who were coming in who maybe didn't fully meet what they had as their requirements, to begin with they lowered them. But then they did have some things in place for people to get additional education once they got in the job; training and education. And I wonder if you had a chance to think about that, that if you brought somebody in that maybe didn't have the strengths that—all the things covered that you would hope for, proposing that that person agreed to doing some additional training or taking a class or anything like that. I'm just trying to think forward, moving forward. The nice thing about this being a Charter amendment is we do have time. We're not in a rush to get this through. So these are just some things that I've been thinking about around this issue and hope that maybe you can give us some thought on it too and think about those things. MR. ALAMEDA: Sure. Thank you, Council Member Kagiwada. Yeah, I'd like to shed light on that. I'm an educator as well. I wasn't trained in special education. I was a masters in counseling, but there was a shortage of special education teachers. So, yes, we took a course; it was called Rise back then. Something really simple that allowed me to develop the skills to work with the fully self-contained, the emotionally challenged and all. And so, yeah, that is an opportunity, but we've got to hire them first. So that's why opening the applicant pool is critical. And it is true; I mean, it works both ways. I've known educators who got all the degrees and they suck, right. They're the ones that the kids don't like. And then there's the janitor or the person you don't even think could be a god teacher that really is the real educator, that all they need is some classroom management protocols and they've got it down. So, you know, I come from the belief as well that good leaders are found; they're not taught. And that's another philosophy too. And when you find somebody that can lead, you want to grab them. Because with some peopleI was the trainer; that's my previous life. You can train till you're up the ying yang. With some people, they're just not going to get it. They might get all the degrees and all the credentials, but they just don't get it. And my dad always said, "Kimo, sometimes the good leader is found and not taught." And I think some of that is true too. So we want to find them, and we want to put them in positions that make sense for us. Thank you. I yield. ACTING CHR. ONISHL Do you yield? MS. KAGIWADA: (Inaudible.) ACTING CHR. ONISHL Mr. Kaneali`i-Kleinfelder. Page 60 Hawaii County Council-20 August 6,2025 MR. KANEALI`I-KLEINFELDER: I'm glad to see the bill back. Thank you for reconsidering. I was not present at the last meeting, but I wanted to see this move forward mainly because it's a Charter amendment that's put out to the people to vote on. In that sense, I almost support pretty much all Charter amendments because it ends up in the public's eye to support or not support on their ballots when they vote. And for that reason alone, I mean that—this is a means of providing a new methodology for people. And if we can provide that to them, hey, then so be it. I really appreciate that the Mayor and the Managing Director came today, not to exclude you, Sommer. I see you back there. But I think all too often we have our separate areas, and each one of us has our role in government. But I like it—I've always liked when the Mayor comes and weighs in on any legislative items just to provide your mana`o. Because, I think it's important and it's a nice balance between legislative and executive. So I appreciate the reconsideration. And thank you, Mr. Onishi, for doing this. ACTING CHR. ONISHL No problem. MR. KANEALI`I-KLEINFELDER: Thank you. ACTING CHR. ONISHL Ms. Kimball. MS. KIMBALL: Thank you. I maintain my position as previously on this legislation, that I can't support it in its current format. And I did offer a couple of amendments and even an alternative bill, none of which were palatable to the body, which is fine. But I've always been willing to work on a version that we can all come to agreement on. Was actually frustrated with something as important as a Charter amendment being pushed out of Committee without, for example, the kind of vetting that we've been doing with 68 and the Building Division. I think that's important for us to transparently deliberate these things and improve them in Committee. It's ugly. It's sausage-making. But I think in the end,with something as venerable as our Charter, spending that time is important. What I will just reiterate is that from the position of the folks in the engineering community that I've spoken to, and as I'm sure you know my connections within that community are pretty broad, it's not as simple as I would say as like protecting our kuleana, right,protecting our stake. But it is a sense that the work of the Public Works Department really does require that sort of professional expertise, and that commitment to public health and safety above all else. And so I think that they look at it. If I may, a doctor takes the Hippocratic Oath, right, to do no harm. For an engineering person, their license is that same sort of—it has that same sort of weight for them. Page 61 Hawaii County Council-20 August 6,2025 And so we have a doctor shortage, and they're looking at it from the standpoint of you wouldn't ask the hospital administrators to start doing surgery because you can't find enough surgeons. That's the perspective that I'm hearing. And the comment was made that Kauai and Maui don't have this requirement. It's a little different. Kauai, their head of public works is the chief engineer. They're not required to have an engineering license, but they are required to have an engineering degree. Similarly, Maui, they don't require the PE license either, but the department is overseen by a committee with three PEs required to be on it, which that seems like a terrible idea; I'll say that right there. Getting three PEs to volunteer to be on a committee, that seems even more difficult than the position that we find us in. The other thing I think that is important is I wouldn't want to set anybody up for a potential failure. And when you have a situation where it's difficult to find applicants, lowering the standard does not necessarily mean that—and I don't want to bring Neil into this. I love Neil. He's an awesome guy. I want to look at it from outside of that perspective because I'm not talking about him in particular. But just in these areas where decision-making needs to happen and there are subordinates that are more qualified than their supervisor, you can see where there is potential for a situation of"I'm just going to ignore you until the next administration comes,"right, and we don't want that either. So I put it out to the maker and the rest of the body. I think there is, through creativity, through further dialogue, a path forward. One of those may beI had put it out there that you'd have the director that wouldn't have the requirement of the PE license, but they would defer engineering decisions to whomever had that licensure in the department. One potential avenue would be to say either the director or the deputy has to have a PE license. One can be the administrator; one can handle engineering decisions. Doesn't matter which, but it gives us some flexibility. I also think, and we had this discussion a little bit yesterday, that we need to give more to actually highlight the fact that having an opportunity to serve in the director position in the County is actually a privilege, and something that can look really nice on your resume, especially if you're fairly new into the field. And so if you haven't already and not certain, I would strongly encourage reaching out to the dean of the engineering school over at Manoa and see if he has some recommendations to you folks about recent graduates that may be interested in having this opportunity and(inaudible). Like we need administration and we need engineering. And so I'm willing to work with you and the maker to find a way forward on that. But I do think that PE license for some of the decisions is not only critical for public health and welfare, I think it's statutorily required based on 464. And this is the kind of thing where you don't want to screw it up, right, I mean because if Page 62 Hawaii County Council-20 August 6,2025 corners are cut in building a bridge, in 50 years that bridge collapses and kills somebody, that—because of a decision we made today, (inaudible) saying that may be a bit hyperbolic, but that's what we're talking about here. So let's take our time. I yield. Thank you. MR. ALAMEDA: I'd like to weigh in real quick, if you don't mind. ACTING CHR. ONISHL Go ahead. MR. ALAMEDA: So you've mentioned health and safety. That's perfect. That's right up my alley. So I was the CEO (Chief Executive Officer) of Bay Clinic Health Center, one of the largest health centers in the State. I supervised medical doctors, okay. They hired me because of my leadership skills, not because I know how to do surgery; because I know how to get doctors to do surgery well. That's why I was hired. Dan Brinkman. You mentioned health and safety. He's a nurse. Okay. He runs one of the largest hospitals in the State and he's excellent. So, analogous to your perspective: yes, you can be a leader without that specific degree, and be super well-functioning, as evidenced by my work at Bay Clinic and then Brinkman's work at Hilo hospital. Thank you. ACTING CHR. ONISHL Chair Inaba, before I go to you, I just have one question for administration. Our problem right now is just trying to get someone, right? And so you know what, two more years or a year and a half more, before we get to get the Charter and then—so how can we help you folks now? Because, I know you always have to send a memo, and then Managing Director asking for 60 more days. So I don't know if this body can help you folks in not having to have you folks do that. MR. ALAMEDA: So we're not asking for your guys' help. If we were asking for your help, we would have asked you all individually "Please help us find somebody." We've asked collectively "Hey, if you guys know anybody,please have them apply." You've got friends. You know the engineering community, Council Member Kimball. I mean,you guys—right? You know. Because, we are doing our own search. Like I said, we're going in-house first. We might find somebody but they've got to fit. And soI mean, I know we've got the 60 days. I feel like we met our obligation when we first got elected to fill that position, and we'll continue to search while getting things done. ACTING CHR. ONISHL I agree but it's just that maybe we can give you guys, like instead of coming every 60 days, right, give you guys 6 months' leeway. MR. ALAMEDA: Well, it's up to you guys. You guys going give us what you going give us. But if we don't have somebody to fill it, we don't have somebody to fill it. So it's up to you guys. Page 63 Hawaii County Council-20 August 6,2025 ACTING CHR. ONISHL You would have an answer to that? MR. INABA: Council can't give you anything because the Charter says 60 days. So they're just not in compliance right now. But based on the bill that's before us right now, and I think there's some more work to do, some good points brought up today, I'm going to make a motion to refer Bill 64 back to Committee on September 2nd Motion to Refer: Mr. Inaba moved to refer Bill 64 to the September 2, 2025, meeting of the Governmental Operations and External Affairs Committee. Seconded by Mr. Hustace. ACTING CHR. ONISHL Any discussion? If not, all those in MR. INABA: Oh, sorry, real quick. Yes. Just if you have any ideas, please share them with me. I'm going to work on an amendment regarding practicing law and being in good standing before the courts here in Hawaii. But, Mayor and any other Council Members—Council Member Kimball, I think(inaudible)you can't support this bill anyway. But if there's any provisions that you think might be helpful, please do share them and I can hopefully bring some amendments when we hear this in Committee. ACTING CHR. ONISHL Okay, Mr. Clerk, on the motion to refer back to Committee, to the September 2nd Committee meeting. MR. HENRICKS: Roll call? ACTING CHR. ONISHL Maybe we should. Yeah, do a roll call. MR. HENRICKS: And then just to clarify, this would go back to the GOEAC (Governmental Operations and External Affairs Committee) Committee. Correct? ACTING CHR. ONISHL Yeah. MR. HENRICKS: Okay, thank you. ACTING CHR. ONISHL All those in favor, say "aye." Page 64 Hawaii County Council-20 August 6,2025 Vote on Motion to The motion to refer Bill 64 to the September 2, 2025, Refer: meeting of the Governmental Operations and External (Approved) Affairs Committee was carried by the following voice vote: Ayes: Council Members Hustace, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Onishi —8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Relinquish Chair: At this time, Acting Chair Onishi relinquished the chair to Chair Inaba. Return to Order The Chair directed the Council to return to the order of business. of Business: REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: Comm. 401: HUI MALAMA HONOKOHAU VS. COUNTY OF HAWAI`I; CIVIL CASE 1:23-CV-00393-JMS-KJM From Deputy Corporation Counsel Section Chief Lerisa L. Heroldt dated July 9, 2025, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter filed by David Henkin and Elena Bryant, Esquires, on behalf of their client Plaintiff Hui Malama Honok6hau. Motion to Close Mr. Kaneali`i-Kleinfelder moved to close file on File: Comm. 401. Seconded by Mr. Onishi. CHR. INABA: This is a request to go into Executive Session. A confidential memo has been provided to the Council in our folders. Does anyone feel the need to go into Executive Session on this specific matter? If not, I'll take a motion to accept the recommendation contained in the confidential Communication 401 related to Civil Case No. 1:23-CV-00393-JMS-KJM. Page 65 Hawaii County Council-20 August 6,2025 Vote on Motion to Mr. Onishi moved to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 401. Seconded by (Approved) Mr. Kaneali`i-Kleinfelder and carried by the following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Vote on Comm. 401: The motion to close file on Comm. 401 was carried by the Filed following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Comm. 406: JOSEPHINE T. W. BISHOP ET AL., VS. COUNTY OF HAWAI`I, ET AL.; CIVIL NO. 3CCV-23-0000134 From Deputy Corporation Counsel Mark D. Disher dated July 17, 2025, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter filed by Eric A. Seitz, Esquire, on behalf of his clients Josephine T. W. Bishop and Nelson Hinano Kahele. Motion to Close Mr. Kaneali`i-Kleinfelder moved to close file on File: Comm. 406. Seconded by Mr. Onishi. Vote on Motion to Mr. Hustace moved to enter into Executive Session in order Enter into to hold attorney-client privilege discussion regarding Executive Session: Communication 406, as authorized by Section 92-5(a)(4) of (Approved) the Hawaii Revised Statutes. Seconded by Ms. Kimball and carried by the following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. Page 66 Hawaii County Council-20 August 6,2025 CHR. INABA: The Council will now be entering into Executive Session, pursuant to Hawaii Revised Statutes, to discuss matters related to our powers, privileges, and duties as a Council. Thank you. Recess: At 3:38 p.m., the Chair called for a recess in order to clear the room. Reconvene: The meeting reconvened at 4:22 p.m. CHR. INABA: We're out of Executive Session. Calling on Council Member Kimball to please give us a brief overview of what was discussed in Executive Session. MS. KIMBALL: Thank you, Chair. The Executive Session allowed us to confer with our attorney about our rights, liabilities, and duties with respect to Civil Case No. 3CCV-23-0000134 and ask questions about the recommendations therein. Vote on Motion to Ms. Kimball moved to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 406. Seconded by (Approved) Mr. Onishi and carried by the following voice vote: Ayes: Council Members Kagiwada, Kimball, Onishi, Villegas, and Chair Inaba—5. Noes: Council Members Hustace, Kaneali`i-Kleinfelder, and Kierkiewicz—3. Absent: Council Member Galimba— 1. Excused: None. Vote on Comm. 406: The motion to close file on Comm. 406 was carried by the Filed following voice vote: Ayes: Council Members Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: None. Absent: Council Member Galimba— 1. Excused: None. OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (Note: Items in this category were taken up previously, out of order.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. Page 67 Hawaii County Council-20 August 6,2025 CHR. INABA: Council Member Hustace. MR. HUSTACE: I just want to share that,just for the North Kohala residents and maybe the same, we have a water situation in North Kohala so please conserve. Working with the Department of Water Supply on providing water buffaloes, hauling water from outside the region to the community to fill tanks. There are contracts going out, emergency repairs for Haw!Well No. 2, for the community there. Yeah. So working with the Mayor's office and Department of Water Supply to kind of remediate that situation. Other than that—an unfortunate situation there. CHR. INABA: Council Member Villegas. MS. VILLEGAS: Coming up at the end of the month is the Sayre awards, the annual Sayre awards. So just to get that on everybody's calendar; August 30''. Incredible event. Raises incredible amounts of money that benefit our Fire Department and first responders. So just want to get that on folks' calendars. That's it for me. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Not really an announcement, but could we have a moment of silence for the victims of the bombings in Hiroshima and Nagasaki? CHR. INABA: Sure. (Note: At this time, Council Members observed a moment of silence.) MS. KAGIWADA: Thank you all. I appreciate it. CHR. INABA: Thank you. And thank you for that resolution recognizing that today. On Monday, August I Ph, the Hawaii Police Department will be having a public hearing related to the Department's rules and regulations governing the issuance of licenses to carry concealed and unconcealed weapons here in the County. So 5-7 (p.m.) at Kona Council chambers, Monday, August 11. Page 68 Hawaii County Coundl-20 August 6,2025 There being no further business, Chair Inaba adjourned the meeting u14:27 p.m. MENLL: Council Approval: NOV ~ - 2025 /muog Puge69