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HomeMy WebLinkAboutMIN COUNCIL 2025-10-08 2024-2026 Hawaii County Council 241h Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii October 8, 2025 INVOCATION: Pastor Paul Linnemann of Christ Lutheran Church gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 2:02 p.m., in the Council Chambers, Hilo, by Mr. Holeka Goro Inaba, Chair. ROLL CALL: Present: Mr. Holeka Goro Inaba, Chair Mr. Dennis "Fresh" Onishi, Vice Chair Ms. Michelle M. Galimba, Member Mr. James E. Hustace, Member Ms. Jenn Kagiwada, Member Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member Ms. Heather L. Kimball, Member Ms. Rebecca Villegas, Member (via videoconference from Kona; came in later) 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, Mr. Onishi presented Certificates of Merit to Hilo Braddahs EXPRESSIONS OF for winning the Pacific Southwest Regional Tournament and qualifying to CONDOLENCE: participate in the 2025 Babe Ruth World Series.) Recess: At 2:10 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 2:13 p.m. Hawaii County Council-24 October 8,2025 CHR. INABA: Mahalo, Vice Chair Onishi. That request actually had come from Tracie-Lee Camero from our Planning Department, as her `ohana was a part of this team. So I made sure to hand it off to Vice Chair Onishi since it's standard for him to present those awards to our Hilo teams. 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: Palani Greenwell: Bill 64, Draft 2 (Comm. 334.18), in opposition. Kawehi Young: Res. 334-25 (Comm. 530), in support. (representing Big Island Invasive Species Committee) Stephanie Bath: Bill 38, Draft 3 (Comm. 203.20), in support. Noelle Lindeman: Bill 82 (Comm. 481), in opposition. Kencho Gurung: Bill 82 (Comm. 481), in opposition. Tim Rowan: Res. 335-25 (Comm. 531); and (representing Black Sands Beach Bill 38, Draft 3 (Comm. 203.20), in support. Property Owners Association) Jessika Wilkes: (representing Black Sands Beach Res. 335-25 (Comm. 531), in support. Property Owners Association and Malama O Puna) Colonel Deb Lewis: Res. 327-25 (Comm. 523); and Res. 332-25 (Comm. 528), in support. Jeanne Batallones: Res. 326-25 (Comm. 522), in support. (representing Hawaii Association of Filipino Educators) Jaylyn Brendlen: Bill 38, Draft 3 (Comm. 203.20), in support. Jordan Epperson: Bill 38, Draft 3 (Comm. 203.20), in support. Derek Inaba: Bill 64, Draft 2 (Comm. 334.18), in opposition. Page 2 Hawaii County Council-24 October 8,2025 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 June 18, 2025, were approved. REPORTS: The Chair directed the Council to proceed to the next order of business, Reports. GOEAC-68 NOMINATION OF STEVE A. MORIFUJI TO THE LIQUOR COMMISSION (Comm. 488): Requires Council Confirmation by: October 11, 2025 (Section 13-4(k), Hawaii County Charter) Vote on GOEAC-68: Ms. Kierkiewicz moved to adopt Governmental Operations (Adopted) and External Affairs Committee Report No. 68. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. GOEAC-69 NOMINATION OF GUY S. ALAMEDA TO THE WATER BOARD (Comm. 489): Requires Council Confirmation by: October 11, 2025 (Section 13-4(k), Hawaii County Charter) Vote on GOEAC-69: Ms. Kierkiewicz moved to adopt Governmental Operations (Adopted) and External Affairs Committee Report No. 69. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of RESOLUTIONS: Resolutions. Page 3 Hawaii County Council-24 October 8,2025 Res. 301-25: AUTHORIZES THE PAYMENT OF FUNDS OF LATER FISCAL YEARS TO ENTER INTO A MULTI-YEAR HOUSING ASSISTANCE PAYMENT CONTRACT WITH THE PROPERTY MANAGERS OF AFFORDABLE HOUSING PROJECTS SELECTED BY THE OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE PROJECT-BASED VOUCHER PROGRAM Authorizes the Mayor to enter into a multi-year agreement for the following proposed voucher projects: Ouli Ekahi Apartments, Hale Kikaha, and Na Kahua Hale O Ulu Wini. The estimated annual cost of the agreement would be up to $192,022, with a term of up to 20 years. Reference: Comm. 477 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-85 Vote on Res. 301-25: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 301-25 and (Adopted) Finance Committee Report No. 85. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Res. 302-25: AUTHORIZES THE PAYMENT OF FUNDS OF LATER FISCAL YEARS AND AUTHORIZES THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE STATE OF HAWAI`I, OFFICE OF THE AUDITOR, FOR AN AUDIT OF THE EMPLOYEES' RETIREMENT SYSTEM OF THE STATE OF HAWAI`I Authorizes the Mayor to enter into a three-year agreement with an approximate total cost of$14,400, for an audit of the schedule of employer allocations of the Employees' Retirement System of the State of Hawaii, in order to meet the reporting requirements under Governmental Accounting Standards Board Statement No. 68, "Accounting and Financial Reporting for Pensions." Reference: Comm. 478 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-86 Page 4 Hawaii County Council-24 October 8,2025 Vote on Res. 302-25: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 302-25 and (Adopted) Finance Committee Report No. 86. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Res. 303-25: AUTHORIZES THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAI`I, THE COUNTY OF KAUA`I, THE COUNTY OF MAUI, AND THE CITY AND COUNTY OF HONOLULU FOR THE STATEWIDE MULTI-JURISDICTIONAL DRUG TASK FORCE Authorizes the Hawaii Police Department to enter into a Memorandum of Understanding to interdict drugs via apprehension and arrest of individuals smuggling and distributing illicit narcotics into the State. Reference: Comm. 483 Intr. by: Council Member Kagiwada(B/R) Approve: GOEAC-70 Vote on Res. 303-25: Ms. Kagiwada moved to adopt Res. 303-25 and (Adopted) Governmental Operations and External Affairs Committee Report No. 70. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Page 5 Hawaii County Council-24 October 8,2025 Res. 304-25: AUTHORIZES THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, PACIFIC ISLAND HEALTH CARE SYSTEM, FOR INTERAGENCY PUBLIC SAFETY COORDINATION Authorizes the Hawaii Police Department to enter into a Memorandum of Understanding to coordinate responsibilities concerning law enforcement, emergency response, mutual aid,physical security, requests for assistance, and other public safety activities for community-based outpatient clinics located in Hilo and Kailua-Kona. Reference: Comm. 484 Intr. by: Council Member Kagiwada(B/R) Approve: GOEAC-71 Vote on Res. 304-25: Ms. Kagiwada moved to adopt Res. 304-25 and (Adopted) Governmental Operations and External Affairs Committee Report No. 71. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Res. 305-25: AUTHORIZES THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE HONOLULU POLICE DEPARTMENT, SCIENTIFIC INVESTIGATION SECTION, FOR INTERAGENCY PUBLIC SAFETY COORDINATION Authorizes the Hawaii Police Department to enter into a Memorandum of Understanding for use of the Honolulu Police Department's full-service forensic testing laboratory. Reference: Comm. 485 Intr. by: Council Member Kagiwada(B/R) Approve: GOEAC-72 Page 6 Hawaii County Council-24 October 8,2025 Vote on Res. 305-25: Ms. Kagiwada moved to adopt Res. 305-25 and (Adopted) Governmental Operations and External Affairs Committee Report No. 72. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. 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: STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON BILL 64 The following individuals registered to speak and came forward when called by (DRAFT 2) the Chair: (COMM. 334.18): Curtis Beck: In opposition. Lon Hocher: In opposition. Hugh Ono: In opposition. Bill 64: INITIATES AN AMENDMENT TO ARTICLE VI, CHAPTER 2, (Draft 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, business, public administration or a related discipline, or be a licensed attorney. 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. Requires the Deputy Director be a registered professional engineer and have authority over engineering responsibilities when the Director lacks such certification. Reference: Comm. 334.18 Intr. by: Council Member Inaba Approve: GOEAC-73 2/3 Vote: First of three required readings, Section 15-1(a), Hawaii County Charter Page 7 Hawaii County Council-24 October 8,2025 ; and Comm. 334.20: From Council Member Dennis "Fresh" Onishi, dated September 25, 2025, transmitting proposed amendments to Bill 64, Draft 2. MR. HENRICKS: There was a motion on the floor by Council Member Galimba, seconded by Council Member Hustace, to pass Bill 64, Draft 2, on first reading prior to the matter being recommitted to Committee. So that motion stands at this time. CHR. INABA: Thank you, Mr. Clerk. Being that this is my bill and Vice Chair Onishi has a pending amendment, I'm going to hand the chairmanship over to our Finance Committee Chair Council Member Kaneali`i-Kleinfelder at this time. Relinquish Chair: At this time, Chair Inaba relinquished the chair to Acting Chair Kaneali`i-Kleinfelder. Motion to Amend: Mr. Onishi moved to amend Bill 64, Draft 2, with the contents of Comm. 334.20. Seconded by Mr. Inaba. ACTING CHR KANEALI`I-KLEINFELDER: Mr. Onishi, go ahead. MR. ONISHL So, basically for the director, the qualifications, I wanted to remove "public administration" off it. Listening to some of the comments that I had gotten in talking to people, or engineers, they felt that, and I do too I think, where the public administrator, it would be kind of rough to have that person as the Director of Public Works. My second amendment is basically taking out what had been put in for the Deputy to be a licensed engineer. I don't feel that would make sense. Because, you have a Director that is not licensed and you have a Deputy Director who is licensed; now, who's going to make the call? And so, I just cannot understand that part. But I also had included that the Deputy Director needs to have a bachelor's degree, like an engineer, architect, business or related, or being a licensed attorney. So kind of basic. The same requirements that the Director had, the Deputy would kind of have the same thing. So I'm just asking for support. I swore I just want to hear comments from other Council Members. Thank you, I yield. ACTING CHR KANEALI`I-KLEINFELDER: Thank you, Mr. Onishi. Mr. Inaba. MR. INABA: Thank you. As the introducer of this bill, we've had a lot of discussion. We sent it back to Committee even. I'm not opposed to this amendment. I hear the need from community to want some type of technical Page 8 Hawaii County Council-24 October 8,2025 knowledge. I can support the removal of"public administration," and also providing a little flexibility in the Deputy Director's qualifications as well. So I can support this amendment. ACTING CHR. KANEALI`I-KLEINFELDER: Okay. Further discussion on the amendment? Council Member Kimball. MS. KIMBALL: As the introducer of the amendment that added the requirement particularly for the Deputy to have the engineering degree, I'll save my discussion around, or sorry, the PE(professional engineer) license, around the main bill for that time. But this was, for me, an alternative, if the body was going to pass this through, that I could live with. Like I said, if this was passed by the body and put on the ballot. I continue to suggest that you do need in the leadership of the Department of Public Works somebody with a PE license. I think it is imperative both for public safety and for protection of the County against liability, cost escalations, time escalations. And so I would encourage my colleagues to keep this amendment as is. If the amendment that Council Member Onishi has presented were to pass, I would suggest then it becomes superfluous to actually identify the requirements of the Deputy, and that the cleaner bill would just be to go back to the definition of the responsibilities and requirements for the Director and leave the Deputy out of it. The only purpose of actually including the Deputy was to ensure that there was somebody in the two leadership positions of the department that had that licensure. ACTING CHR KANEALI`I-KLEINFELDER: Thank you. Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. I'm not in support of this. We just voted to have this put in as a stop—kind of an insurance if the director could not be found with a PE license. And I think it's important to have that in there. So I'm not in support of this amendment. Thank you. I yield. ACTING CHR KANEALI`I-KLEINFELDER: Thank you. Before I go back to Council Member Onishi, anyone who hasn't spoken yet? Council Member Onishi, go ahead. MR. ONISHL Thank you, Chair. Listening to the comments, we're having a hard time finding a Director with a license. Now, we're going to reverse the qualifications. So why do we think that we're going to be able to find a Deputy at a lower pay that is licensed? If we cannot find a licensed person with a higher pay as a Director, how are we going to find a Deputy with a lower pay with a license? So to me, it doesn't make sense. And so that's why I'm doing this change. It's just to make sure that the person is a Deputy that will be an engineer or a professional in that field. I yield. Thank you. Page 9 Hawaii County Council-24 October 8,2025 ACTING CHR. KANEALI`I-KLEINFELDER: Thank you. Council Member Galimba, go ahead. MS. GALIMBA: This is a little bit confusing, but I guess it comes down to—I mean, I believe that we need this PE license for the Director. Then it becomes this question of like do we have a Deputy? And maybe it's better to at least have someone there with that knowledge rather than—and in a sense, it doesn't make sense as you say, Council Member Onishi, but I think it'sif this bill were to pass, I would prefer for one of the two to have a PE license. So I guess I don't support this amendment, although I understand the reasoning, somewhat, of if you can't get a PE license for the Director, how are you going to get it for the Deputy. So, yeah, it's a bit of a conundrum for me. But I guess of the two options, I prefer that we have the Deputy have a PE license than not having anyone there. So I won't be supporting the amendment. Thanks. ACTING CHR KANEALI`I-KLEINFELDER: Thank you. Council Member Kimball. MS. KIMBALL: So the distinction is that the Director is required to both have a minimum of five years of managerial experience and then, under the current reading, the PE license. With the way that Bill 64 is Draft 2, the Deputy Director does not have that same requirement to have had history in an administrative capacity. It is just to have the PE license. And so it is then presenting an opportunity for somebody that wants to potentially grow into that sort of administrative capacity, but then is still providing the professional expertise. And so you're going to have a different pool of candidates potentially for the Deputy. I'll say this for the larger conversation about the whole bill If the entire intent of this is to respond to the challenges of finding a person to fulfill this position, I have to agree with one of the testifiers; I do not think substantial efforts have been made to actually find this person. I have done some digging, and this has not nearly been advertised to the extent that you would expect something to be advertised when you worked in really trying to find somebody to fill this position. ACTING CHR KANEALI`I-KLEINFELDER: Thank you. Council Member Onishi. MR. ONISHL Thank you, Chair. To the maker,please, can I ask a question? So with this, if my amendment doesn't pass and we stick with the Deputy being a professional registered engineer, if the department or the administration cannot find someone with that qualification, then what happens to that Deputy Director position? MR. INABA: I'm not sure I'm the right person to answer this question. I think we're in that situation right now; we don't have a Director and we have a Deputy who is acting as Director. And I think we would continue in the current situation. Page 10 Hawaii County Council-24 October 8,2025 And again, the provisions of the Charter the Charter doesn't have any provisions for the Council or any other body to take action for noncompliance of the 60-day window to fill the position. MR. ONISHL Okay. I guess let's go forward. I yield. ACTING CHR. KANEALI`I-KLEINFELDER: Council Member Kimball. MS. KIMBALL: I've had some discussions about this particular question, because we do have the Charter language that requires an appointment by a certain time frame, and we have exceeded that time frame now twice over. There isn't a recourse by the Council or another entity. But we are in the equivalent of a constitutional crisis, a charter crisis if you will, because we are actively in violation of the Charter as it stands. That becomes a legal issue. And we certainly wouldn't want it to come to that because that doesn't present a desirable outcome for anyone. ACTING CHR KANEALI`I-KLEINFELDER: Thank you. Okay, well, Mr. Onishi, would you like to move ahead with the amendment? MR. ONISHI: Sure. ACTING CHR KANEALI`I-KLEINFELDER: Okay. We have the motion on the floor to amend Bill 64, Draft 2, with the contents of Communication 334.20. Mr. Clerk, a roll call, please. Vote on Motion to The motion to amend Bill 64, Draft 2, with the contents of Amend: Comm. 334.20 failed by the following roll call vote: Failed Ayes: Council Members Inaba, Kierkiewicz, Onishi, and Acting Chair Kaneali`i-Kleinfelder—4. Noes: Council Members Galimba, Hustace, Kagiwada, Kimball, and Villegas —5. Absent: None. Excused: None. ACTING CHR KANEALI`I-KLEINFELDER: Back to the main motion. Bill 64, Draft 2, as it is. Mr. Inaba. MR. INABA: Thank you. Based on the conversation and what I think I'm pulling out of it, it sounds like the removal of Subsection B might be an option. So I'll bring that forward at the next Council meeting. I don't have anything further; no other amendments today. So I ask for your continued support in moving this forward. Thank you. Page 11 Hawaii County Council-24 October 8,2025 ACTING CHR. KANEALI`I-KLEINFELDER: Further discussion on Bill 64, Draft 2, as it is. Council Member Kimball. MS. KIMBALL: A couple things I just wanted to remark on. I have not changed my position on this. First of all, I wanted to, as we this is atypical—talk a little bit about intention. Because it has been brought to my attention that there might be some perception that because my husband is in architecture that there might be some personal interest in objecting to this bill. I can assure everybody there is not. My objections to this legislation are particular to, as I mentioned before, protection of public health and safety,protection of the County against future liability, and protection for escalations in cost and time for projects that we undertake. It is part of PE licensure and training to include making sure that costs are kept low and projects are done on time. It is not inherent that because you have an engineer on a project it is going to cost more or take longer. It is going to be there's a cost analysis that goes into the engineering process. There is an evaluation process. And what's first and foremost is that public health and safety is protected. There's an understanding of engineering standards, especially in civil engineering, that I think is important if we're looking at the well-being of our community, not just in the next 3 years but in the next 20 years, in the next 50 years. It is entirely possible that a project can be overseen by somebody without a PE, and you might not see an impact for a couple of years within this Administration. But that's a potential in the future and that's the risk. And that's why I think it's so important. I also wanted to highlight something that Council Member Galimba said the last time we met which is, it is important to have an engineer in the Mayor's Cabinet. And that reminded me that the Department of Public Works doesn't sit by itself. It is part of this larger ecosystem, this larger Administration. And when we talk about leadership, it's not just the Director of Public Works. It is the Mayor. It is the Managing Director that is ensuring that the department is meeting the objectives of the Administration at that time, of the County as a whole. And so they're not acting alone in their leadership and their administration of the department. I do think it is critically important to have that sort of feedback to give to the Mayor, to give to the Managing Director, about whether or not a project is going to be safe for the public and is going to be cost effective and delivered on time. I think that is part of us having a PE in the Cabinet. Page 12 Hawaii County Council-24 October 8,2025 And then just finally, I will say I understand and appreciate that it's a tough job to be the Director of our Public Works because you've got to answer to the community, you've got to answer to the Administration, you've got to answer to us the Council. And so it may be difficult to find somebody. But we have an engineering school in Honolulu where we could reach out to see are there people that want to stay in Hawaii. We talk about people being born and raised here that learn here. They go to school here, wanting to stay in Hawaii and not having the opportunity. Well, here's an opportunity. Why haven't we made that connection? There are, as former Director Ono said, 2,000 engineers-plus in the State that could qualify for this position. And I know the question is going to be, "Have they applied?" Yes. Some of them have. And I think you guys should be asking the question, "Why weren't they selected"because there has been a potential to fill these positions and it hasn't been taken. And I don't think we should shortcut ourselves or the future by making this change to the requirements for the Director. Thank you. ACTING CHR. KANEALI`I-KLEINFELDER: Thank you. Council Member Hustace. MR. HUSTACE: Thank you, Chair. Definitely been through this whole conversation of two minds and what's being proposed here, and hearing from the community as well, having friends in that sector and colleagues in that sector too. So, definitely have two minds. I was wondering if Corporation Counsel could join us up here, Michelle. I just had a couple of questions, if we could go through. First,your interpretation of HRS (Hawai`i Revised Statutes) 464, please. This is the requirement with our plan specifications prepared under supervision of an appropriately licensed professional engineer. If you could just share your thoughts on HRS 464 there. (Note: At this time, Corporation Counsel Renee Schoen came forward to address the members of the Council.) MS. SCHOEN: Renee Schoen, Corporation Counsel. I was asked to kind of look at whether or not our Code or HRS provisions require the Director of the Department of Public Works to be a licensed engineer, and there is no requirement that I could find in our Code or in the HRS. MR. HUSTACE: Okay. There were past conversations. Any plans that are done internally in the department, if it's a project that we're carrying out, that's a County project that we're doing in-house, we do have someone that reviews and stamps those plans. Correct? Page 13 Hawaii County Council-24 October 8,2025 MS. SCHOEN: It's my understanding that for a lot of our large projects, we do hire consultants who provide design specifications. And yeah, I'm not aware that our Director actually signs any of the plans or specifications. MR. HUSTACE: So those are those bigger bid projects that are going out, that we're having an outside firm verify those plans, then. MS. SCHOEN: Correct. MR. HUSTACE: But any of those smaller plans that is something we're doing in-house, that's typically approved by our Engineering Division Chief. Correct? They are licensed. MS. SCHOEN: Yes, that's correct. MR. HUSTACE: And then could you just speak a little bit about variances, and if you have any insight into variances in the Construction Code that may also be required under DPW (Department of Public Works). MS. SCHOEN: I'm sorry. I don't know what you're referring to. I know that— do you mean the process to seek variances? MR. HUSTACE: Yeah, because it's my understanding that the Director for DPW does not even approve the variances for the Construction Code. MS. SCHOEN: Our Board of Appeals has a process whereby owners can seek relief via the Board of Appeals as to any alternate method of construction, also any variance from the building codes. MR. HUSTACE: But our Board of Appeals members, there are no requirements for them to be professional engineers. MS. SCHOEN: No. MR. HUSTACE: Okay. Thank you, Corporation Counsel. As you can see, I'm kind of caught between a lot of different things about what we're required within County with Construction Code variances. With our internal projects, we have professional engineering license within the Engineering Division. But a lot of the projects that we put out to bid, we often bring in another firm that is approving these and have those requirements as it applies to those plans. So, definitely of two minds when it comes to this bill. So thank you. ACTING CHR. KANEALI`I-KLEINFELDER: Thank you. Council Member Kimball. Oh, sorry, I'm going to go to Council Member Kagiwada, and I'll come back to you. Page 14 Hawaii County Council-24 October 8,2025 MS. KIMBALL: Okay. ACTING CHR. KANEALI`I-KLEINFELDER: Thank you. Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. I guess I want to thank the testifiers who have come back week after week after week who feel strongly about this. I continue to want to see us keep a PE license in for the Director position. But I feel like this Deputy Director part is just a backstop in case that person doesn't have a PE license. I do think it's important to have it. And I guess I felt a little empathy with some of the engineers in the room when we heard somebody claiming that leadership needed to be somebody who wasn't an engineer, or leadership that these skills aren't necessarily the same skills that we find in engineers. And it's a little bit indicative of I think a lot of kind of popular feelings around attacking higher education, and just people being well-educated in some ways, that they cannot be well-rounded people. And I just think that that's very short- sighted and completely untrue. I think there's lots of people who are well- educated formally and also good leaders, and that you don't have to be not have those degrees in order to be a good leader. So I'm feeling like folksI feel some empathy for you guys because I don't think that's a way to present things. Anyway, I continue to not support this bill going forward as it is. And I really do hope we can keep a PE license in there somewhere for our County, because I do feel like we really open ourselves up to a lot of issues if we don't have that in the leadership somewhere. I yield. ACTING CHR KANEALI`I-KLEINFELDER: Council Member Galimba. MS. GALIMBA: Thank you. Super briefly. For me, what really drives it home for me really is that, and I'm quoting from Jason Inaba's testimony, "a licensed professional engineer is ethically obligated to protect the health, safety, and welfare of the public." And that"ethical"part to me just really makes the argument for me, but also seeing the engineering community come out. So that licensure is not just a piece of paper. You're part of something larger that you can then draw upon. I think that's what is like the genius of humans. It's not just individuals. It's how we think as groups. So that, for me, was sort of the enlightenment that I got from Mr. Ono many years ago on the Charter Commission, and I continue to see the wisdom of that. ACTING CHR KANEALI`I-KLEINFELDER: Thank you. Council Member Kimball. MS. KIMBALL: I had wanted to share. I understand what your thinking is, Council Member Hustace, and this is what I would present to you. First of all, the Page 15 Hawaii County Council-24 October 8,2025 HRS has the requirement that Public Works projects be overseen by an engineer. I think that there are a multitude of ways to interpret"oversee,"right. Does that mean that they have to be in the Director position? Not necessarily. They could be a division head, a project manager, whatever. What I think is important is that when you get into our Code and the Charter, all of the authority for the department resides with the Director. And so when that responsibility for engineering and engineering oversight is provided, it is through delegation of that responsibility from the Director. And so by having a Director without the engineering license, you run the risk of the situation, which was described by one of the testifiers earlier, where you have an engineering decision made by somebody who was delegated that authority by the Director, and that then is overruled. And if you think of that as an unlikely scenario, that has happened in recent history. And I think one should ask how much did that cost us. So that is going to be important here, is that understanding that through the Charter, through the Code, the authority for these decisions ultimately resides in the Director as the head of that division, and it is delegated for these tasks to others. But at the end of the day, the buck basically stops with the director, and that is why it's important that that person have that PE license. That's my response to your line of questioning. ACTING CHR. KANEALI`I-KLEINFELDER: Thank you. Before I go back to Council Member Inaba, anyone else on the bill, Draft 2, as it is? Council Member Inaba. MR. INABA: Thank you. I think we've had a good discussion. The purpose of this bill hasn't changed, and I'd like to see us move forward. I think people have had numerous opportunities to share their thoughts. So we have other agenda items to get through today. ACTING CHR KANEALI`I-KLEINFELDER: Thank you. Anyone else? I have a few things I'd like to say. Okay, beautiful. I appreciate the bill for a number of reasons. I've been on the Council for seven years. I've seen a number of County projects with major issues occur in our County, despite the leadership of DPW by a licensed engineer. One piece of very compelling testimony I found very concerning, that was from our failed Director of Public Works, Mr. Rodenhurst, who also spoke on behalf of the engineering society and spoke to the effect that Bill 64, if passed, would be a public safety concern. I found this paradoxical. Under his tenure, numerous projects required costly change orders due to engineering oversights, mind you under the direction of layers of engineers. Page 16 Hawaii County Council-24 October 8,2025 The newly constructed County Dispatch Center required an elevation of the entire floor to install piping and wiring. Hundreds of thousands of taxpayer dollars. A recent Hilo subdivision floodwater diversion issue was elevated by the engineering department, was dismissed by the engineer with potential repercussions being passed on to our future generations. That is under a Director who is ethically bound to protect health and safety. Kalaniana`ole Street required change orders to address the depth of the HELCO (Hawai`i Electric Light Company, Inc.)petroleum pipeline with required concrete roadway service, versus the coded asphalt surface treatment. That engineering oversight cost County taxpayers millions of dollars. Finally, a legal case involving bribery with named defendants including our ex- director from within the Building Division, brought forward by Ms. Kapihe. I point these out because this was done under the direction of our Director of Public Works who was a licensed engineer. And as I sit here and I listen to "ethically bound to do the following to protect health and safety,"these are all examples of potential issues with health and safety, and costly expenses to the County's residents. My point is, since Acting Director Neil Azevedo has taken over, projects have moved and things are getting done. That is in the best interest of our residents. He's not an engineer. However, projects that have languished for decades are getting done. Engineers do have a place in our County. However, it may not be the Director position, as purported by the association of engineers. With that, I'll be supporting the bill as it is. One last piece of information for everyone. This moves forward as a Charter amendment. This gets voted on by the public if it proceeds. That lets the public weigh in on what they think should happen. And at that point, that's a great place for the engineers and for the public to educate themselves on what they believe would be best for the Public Works Department going forward. Mr. Inaba, are you ready to proceed? MR. INABA: Yes. You can do a roll call. ACTING CHR. KANEALI`I-KLEINFELDER: Mr. Clerk, please, a roll call. Page 17 Hawaii County Council-24 October 8,2025 Vote on Bill 64: The motion to pass Bill 64, Draft 2, on first reading and Draft 2 adopt Governmental Operations and External Affairs Failed Committee Report No. 73 failed by the following roll call vote: Ayes: Council Members Inaba, Kierkiewicz, Onishi, and Villegas —4. Noes: Council Members Galimba, Hustace, Kagiwada, Kimball, and Acting Chair Kaneali`i-Kleinfelder—5. Absent: None. Excused: None. Relinquish Chair: At this time, Acting Chair Kaneali`i-Kleinfelder relinquished the chair to Chair Inaba. CHR. INABA: We will proceed to Bill 82. And because this is my bill as well, I'm going to hand the chair over to Vice Chair Onishi at this time. Relinquish Chair: At this time, Chair Inaba relinquished the chair to Acting Chair Onishi. Bill 82: AMENDS CHAPTER 24, ARTICLE 9, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO PEDESTRIANS Prohibits pedestrians from entering a roadway, obstructing traffic, or approaching moving vehicles for business and employment purposes. Reference: Comm. 481 Intr. by: Council Member Inaba Approve: PCPWMT-6 Motion to Approve: Mr. Inaba moved to pass Bill 82 on first reading and adopt Policy Committee on Public Works and Mass Transit Committee Report No. 6. Seconded by Mr. Hustace. ACTING CHR. ONISHL Go ahead, Chairman Inaba. MR. INABA: Thank you. Again, this is at first reading this time. We addressed a lot of the concerns after the veto of the previous bill. So I ask for your continued support. And again, this bill specifically states that all of our constitutional rights would be protected. So, sitting or standing on a sidewalk with a sign asking for money, that isn't prohibited via this bill. So I want to make sure that the public understands we're not trying to criminalize and further marginalize people who are facing hard times. This bill is to ensure that our Page 18 Hawaii County Council-24 October 8,2025 pedestrians are safe and motorists are also safe, and folks are not entering the roadway for the transference or the receival of any goods or services at all. So I ask for your support. Thank you. ACTING CHR. ONISHL Okay. Members? Ms. Kagiwada. MS. KAGIWADA: Thank you. I just want to thank the maker for working with the ACLU (American Civil Liberties Union) and making sure that everybody's constitutional rights are upheld. I also really do appreciate the fact that this bill now is not going to be problematic with our public transit. So it's great that you made the changes. And I do appreciate the testifiers, and the testifiers for looking out for some of our most marginal folks. But I really do think that you've done the job and I'll be supporting. Thank you. ACTING CHR. ONISHL Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. I'll be supporting the bill. I like the last bill. I think it got to a point where sometimes when there's too many cooks in the kitchen and we do too much to the pot of stew, sometimes it doesn't turn out the way we want it. Bill 82 in its current form, I like. And I'm glad that we have the blessing of Corporation Counsel this time. And in a different way this sounds like a much better way to proceed. Thank you, Ms. Frenz, for being here. I yield, Chair. ACTING CHR. ONISHL Any other members? Go ahead, Ms. Villegas. MS. VILLEGAS: I'll just chime in and share my gratitude as well for Council Member Inaba, for revamping this legislation and adding these improvements, clarifications, and eliminating any points of conflict that relate to free speech, accessing buses, and whatnot. And I'll be in full support of this and very grateful, as I believe will be a lot of our community, for me in District 7 in the Kailua- Kona area. So thank you once again. I'm in full support. I yield. ACTING CHR. ONISHL Okay. Any other members? If not, Mr. Clerk, roll call please. Vote on Bill 82: The motion to pass Bill 82 on first reading and adopt Policy (Approved) Committee on Public Works and Mass Transit Committee Report No. 6 was carried by the following roll call vote: Ayes: Council Members Galimba, Hustace, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Acting Chair Onishi —9. Noes: None. Absent: None. Excused: None. Page 19 Hawaii County Council-24 October 8,2025 Relinquish Chair: At this time, Acting Chair Onishi relinquished the chair to Chair Inaba. STATEMENTS The Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON BILL 38 The following individual registered to speak and came forward when called by (DRAFT 4) the Chair: (COMM. 203.20): Geneva Jackson: In support. Bill 38: AMENDS CHAPTER 19, ARTICLE 13, OF THE HAWAI`I COUNTY CODE (Draft 3) 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAX CREDITS Establishes a Private Road Tax Credit of up to $250 to be applied towards a homeowner's real property tax bill when the homeowner expends at least$75 annually to maintain, repair, or improve a private roadway that is not restricted by a gate and is managed by a road maintenance organization. Reference: Comm. 203.20 Intr. by: Council Member Kaneali`i-Kleinfelder First Reading: August 20, 2025 Postponed: September 3, 2025 Held Over Pursuant to Council Rule 23(1)(d): September 17, 2025 (Note: There is a motion by Council Member Villegas, seconded by Council Member Onishi, to pass Bill 38, Draft 2, as amended, on second and final reading.) ; and Comm. 203.21: From Council Member James E. Hustace, dated September 24, 2025, transmitting proposed amendments to Bill 38, Draft 3. (Note: The following proposed amendments to Bill 38, Draft 3, from Council Member Ashley L. Kierkiewicz were circulated: Comm. 203.22 dated October 7, 2025, and Comm. 203.23, dated October 8, 2025.) Motion to Amend: Ms. Kierkiewicz moved to amend Bill 38, Draft 3, with the contents of Comm. 203.22. Seconded by Mr. Kaneali`i- Kleinfelder. CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Mahalo nui to our community members who continue to come out, Council meeting after Council meeting, to share their Page 20 Hawaii County Council-24 October 8,2025 mana`o, and just how desperate the situation is in our rural communities where we're having to rely on a private road network. My partner is a fireman at the Kea`au Sation, and so I can attest to, via stories from him, of just how atrocious a lot of these roads are. So every bit of relief I think is extremely helpful. In thinking about the sunset date that was added to this bill, three years is really not enough time. It's not enough time to really see if this program is working. We all know how quickly government works, and three years is a miracle to get something like this off the ground and running smoothly. And so, Council Member Kaneali`i-Kleinfelder and I put our heads together, and we'd really like to propose that we remove that sunset clause. But there is a caveat here. We do want to make sure that there are annual reports provided to the Council about the effectiveness of the program, and therefore, for there to be a review every five years so that a future Council can make the decision for themselves on whether or not to continue the program as is, make adjustments, or sunset. So, as passionate advocates for our communities, we're hoping that folks will lean on what we are proposing here and support this amendment. Thank you, Chair, I yield. CHR. INABA: Thank you. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. I want to mahalo Ashley Kierkiewicz. She and I represent a very impacted region that was created basically under the lack of a Subdivision Code in the early '50s and early '60s. And that has been passed on gracefully to the public to maintain their own roadways that are open to the public. And what I got from the last meeting, I was very clear that the Council was looking for a means of looking at how this reflects a return on investment for the County and what we're giving up in real property taxes to see an improvement in the community. And Ms. Kierkiewicz and I both agree that three years, if I may reach out a little bit, even our own Lisa Miura, Property Tax Administrator, who couldn't join us today said we couldn't even build a roof on the Pauahi Center in three years. So to expect to understand and see the value of this credit in three years, specifically because we lessened the amount of the credit within the first few hearings of the bill, it'll be practically impossible to register that. It takes time to understand what the impact is. And with the $250 credit, the bill's intent to increase dues being paid to the homeowners association, but also increase in number of people paying their dues to the association, whether voluntary or mandatory, all of that put together becomes this ability for something magical to happen. But sunsetting in three years, it just pulls the rug out from under the community. It's like "Here you go. Here's a step in the right direction"—and it's gone. Bye. Page 21 Hawaii County Council-24 October 8,2025 So what I did take away, though, was there was a perspective that wasn't mine. And for as much as I didn't want that in the bill, I understand it. So Ashley and I put our heads together. And mahalo to her staff for helping to prepare this amendment, which gives us an annual report requirement, which gives the Council some ability to look at what the return on investment is, as well as having RPT's (Real Property Tax) I did reach out to Lisa. She said, "Yes, the department can come back with a report. Just let us know what you want in it. We're going to get the information from the public and the homeowner association anyway. This should be easy to put together." So with all those pieces in mind, I'd ask for the Council Members' support on the amendment. And again, mahalo to working with me to make this happen. Thank you. I yield, Chair. CHR. INABA: Thank you. We're going to go to Council Member Hustace and then Vice Chair Onishi. MR. HUSTACE: Thanks, Chair. I do appreciate the annual reporting and kind of that consideration on a regular basis. I have a challenge with the removal of the repeal date and the sunset date on it. This does create a conflict with the potential amendment otherwise proposed, but with that removal of that entire section there. It will be a challenge to pass the buck to a future body of the Council, for them to make a determination in five-plus years. And then this chamber will be full of other people that don't want that removal the repeal of any of that tax relief there. Just something to consider if you're pushing out further and future council (inaudible) to say, "We're going to remove it, but we're getting a lot of testimony coming against it." So yeah. Thank you. CHR. INABA: Vice Chair Onishi. MR. ONISHL Thank you, Chair. Mr. Jo, can you please come up? (Note: At this time, Assistant Real Property Tax Administrator Keita Jo, Finance Department, came forward to address the members of the Council.) MR. ONISHI: You can introduce yourself. MR. JO: Keita Jo, Assistant Administrator for the Real Property Tax Division. MR. ONISHL Have you folks reviewed the amendment? MR. JO: We have, yes. Page 22 Hawaii County Council-24 October 8,2025 MR. ONISHL Are you folks able to do an annual report to the Council, but no Later than March 3 1" of each year? MR. JO: We will be able to provide that report to County Council; however, it will be dated. So those figures are actually not available until we do a tax calculation. So we'll have an actual figure at that point in time, which occurs every July. So it's going to be a little bit dated in terms of the information coming out, but we could give you statistics on whether that credit amount is increasing, or the number of credits is increasing, year to year. MR. ONISHL On the 31 sty MR. JO: Yeah. MR. ONISHL Okay. Do you think that in this annual report, should it have where how many roads were fixed due to the tax credit? MR. JO: We will not be able to provide that information to you. MR. ONISHL You guys could do that? MR. JO: We could not. MR. ONISHL But then, no, I'm asking if that would be also good to have that in a report. MR. JO: I think if the Council's intent is to see if this legislation improves the roadways, that that would be a logical component to have in a report to see if the money is being well-spent. MR. ONISHL Yeah, because to me, we've got to look at if we're investing, right, and if it's going to a good cause. Because then it could happen where we do this and nothing really happens, like the improvements. Because as the gentleman earlier had mentioned about they have owners that live in foreign countries, and he's saying to mail this information and so forth. Because, it's all upon them, the association. And so if they don't have the resources to reach out,you might have a limited amount of landowners that are going to qualify, or going to apply. MR. JO: So the legislation, as it's written, would apply to homeowners. So only homeowners who they MR. ONISHL I'm sorry, landowners, right. MR. JO: Yeah, so this credit is only applicable to people who are receiving the homeowners exemption through our office. So that means that they would Page 23 Hawaii County Council-24 October 8,2025 have the property that they're claiming the credit on would have to be their primary residence. I would imagine that they would be receiving mail locally as a resident within the County. MR. ONISHL Okay. So what he's saying is that we don't have to worry about what his concern was. MR. JO: I would imagine so, yeah. I mean, if you're living in the County,you should be getting mail in the County. MR. ONISHL Because I guess (inaudible). To me, it seems like he might be mixed up too that's why. Right? He might be mixed up too. So, no, I just wanted to because he brought that up. Okay. So you guys could—if it's added to a report of how many miles of road was repaired or fixed, that could be a possibility too when the association reports to you folks. MR. JO: You can certainly ask for all the things you want in a report. I just want to make it clear that that would not be data that would be coming from the Real Property Tax Division. We're not engineers or analysts in that regard. MR. ONISHL But then wouldn't you folks be able to require the association, when they submit their MR. JO: Their list of individuals who have paid their real property MR. ONISHL Correct. MR. JO: Yeah, sorry, the maintenance fees. MR. ONISHL Correct. Yeah. And so, would part— MR. JO: I would imagine so. I hesitate only from the sense of limiting the impact to the Real Property Tax Division in terms of being the gatekeeper for whether road maintenance fees are utilized for specific road projects or whatnot. I think that takes us outside of the MR. ONISHL No, I understand. MR. JO: Silo that we're in. MR. ONISHL But what I'm just saying is that when they give you folks the names of the homeowners in that certain association, part of, I guess—because you're going to have to provide an annual report. So they're going to have to always give you every year, right, a list. MR. JO: Correct. Yeah. Page 24 Hawaii County Council-24 October 8,2025 MR. ONISHL So now when they give you, like for the second year, they can tell or they can give a report like "We fixed `x' amount of roads." And then you can relay that with your report. You can say, "Okay, this certain association, we have `x' amount of, I guess, credits that we're giving out too. And they also mentioned that they're fixing this amount of roadways." MR. JO: Potentially. MR. ONISHL We could do it somehow that way. I mean, not you guys doing work. We'll have them report to you guys. They'll just give you a figure. MR. JO: Yeah. MR. ONISHL Okay. Thanks, I yield. CHR. INABA: Council Member Kaneali`i-Kleinfelder. Point of Information: MR. KANEALI`I-KLEINFELDER: Just a point of information. Digging back into where I started with this bill and listening to community, the win for me and I like where Mr. Onishi is going the win for me is, did we increase dues paid to the association, and did we increase people paying their dues? That's the win for me. I don't think we're going to be talking tens of millions of dollars in excess fees that the HOAs (homeowners associations) will be accumulating through this bill. But we will start to see—and this is what I think we can measure with the HOA report, is an increase in dues paid and an increase in the amount of people paying their dues, because the credit is the incentive. That was my hope for what this bill will be doing. So that information, I think, could be gleaned from the HOA report, as well as a starting figure from the initial conception, if this bill were to pass, that they will provide to the County kind of"Here's our start. This is our starting point. We had $60,000 for roads. We had 100 people pay their dues." Just an example. "Year two, after implementation, we had 120 people pay their dues, and we took in 68,000. Year three,"—and then you start to see. If we see a steady incline in those numbers, an increase in our data, okay, this looks like the ROI(return on investment) is working, and there is a return on investment for the County in providing the credit. Just kind of information for the group, that's how I see this working for us and for the community. Thank you. CHR. INABA: Thank you. On the amendment, Council Member Kimball, any last comments? MS. KIMBALL: Yeah. Just curious. Mr. Clerk, withI like this idea of reporting; I think that's meaningful. But I do also value the concept of the sunset date where it just needs to be reupped. And I see that we have an amendment from Council Member Hustace, and now another one from Council Members Page 25 Hawaii County Council-24 October 8,2025 Kierkiewicz and Kaneali`i-Kleinfelder. If we add the amendment 203.22, which strikes the sunset, and then pass one of these other ones that adds the sunset back in, what do we end up with, Mr. Clerk? Can we have both? CHR. INABA: The sunset. MR. HENRICKS: So much fun today. MS. KIMBALL: Yeah. It's kind of different than what we've seen in the past, is why I'm asking. MR. HENRICKS: Yeah. I see your point because the amendment in 203.22, the express purpose, part of it is to completely remove a sunset date. And then conversely, there is immediately an amendment to follow that adds it back in and extends it. It's really at this Council's discretion whether or not it will accept that as a viable prospect. I don't really see a procedural problem with it necessarily. Maybe there's a Ramseyer format issue. But at some point, I think obviously what you're looking at here is when somebody's drafting these amendments, they don't know if one's going to pass. And you've been in that position before too. So that's kind of the conundrum there. I mean, if they were to both pass, then I imagine Draft 4 would look like what you see on page I here with all this new stuff. And then the effective clause would look like what you're seeing in 203.23. That seems pretty clear to me. So whether or not you want to go down that road is up to you. MS. KIMBALL: Yeah, I mean, I like the idea of this amendment and the reporting with the addition of the lengthened, extended sunset date in the following communication. Yeah. If folks are willing to say that that's going to be how it works out, I will support this amendment with that provision. CHR. INABA: All right. So we're on amendment 203.22. So let's get to that vote, Council Member Kagiwada. MS. KAGIWADA: Thank you. I do appreciate the reporting added. I actually do have concerns that we are only looking at monies collected and a tax credit given back, without any looking at roads actually being improved. So I guess I had not read this correctly. I thought when you wrote "serve its intended purpose and whether changes are warranted,"I thought that meant about the roads. But I see now, when I go back to it, that you don't actually have anything in the bill that says that the roads have to be improved. It's just—so it looks like you only care about if people pay money and get a tax credit for it, and the actual roads getting improved is in no way measured. Is that what I'm seeing here? That's problematic for me. I'd really love to see the intent of what we talked about. And I have taken a long road around to come to support Page 26 Hawaii County Council-24 October 8,2025 this, but it was supporting it with the sunset date and with the understanding that the point of this was to improve the roads, not just give tax credits. So I would really hope that we could do something to make sure that we are measuring the real thing that we care about, which is, are the roads going to get fixed? If we can measure that, I'd be happy to support both these reports and extending the sunset date to a later date. That's where I'm at. MR. KANEALI`I-KLEINFELDER: Chair, if I may? CHR. INABA: Yeah, quickly. MR. KANEALI`I-KLEINFELDER: Thank you. Mr. Epperson joined us today. He's the president of Hawaiian Acres Road Corporation. I don't think he even gets paid for his work. He practically kills himself trying to fix the roads in Hawaiian Acres. He is not able to keep up. The reason I say that is he was pouring cement and knee deep in cement today, and found time to come in because he understands the importance of this. And at the heart of this is his heart, and he is obligated with the funds that he has to fix and improve the roads that he drives every day, that his neighbors drive every day, and that the kids that he sees walk to school in the rain because DOE(Department of Education) can't pick them up because the roads are so bad. So I appreciate that we want to see the work done by the community. We want to quantify that data. I'm not saying that we shouldn't. I'm just saying his responsibility is to do exactly that. And if he fails, he fails his community. And when his community comes in and says, "You screwed up and didn't pave our roads,"that's what we can't quantify, is he doesn't want to be in that position anymore. So,yes, I want to quantify the roadway improvement. Yes, we want the ROI; we want to understand that. How we collect that information from the subdivisions we can do, it'll be what this body looks to aim to get from RPT and what they can collect from the HOAs. I just wanted to offer that to you, Ms. Kagiwada, that that really is the heart of it for me. Thank you. CHR. INABA: Thank you. Mr. Clerk, a roll call vote, please, on the amendment. Vote on Motion to The motion to amend Bill 38, Draft 3, with the contents of Amend: Comm. 203.22 was carried by the following roll call vote: (Approved) Ayes: Council Members Galimba, Hustace, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: Council Member Kagiwada— 1. Absent: None. Excused: None. Page 27 Hawaii County Council-24 October 8,2025 Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to suspend Council Suspend Council Rule 23 to waive the holdover for the substantive Rules: amendment of Bill 38, Draft 3. Seconded by Mr. Onishi (Approved) and carried by the following roll call vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: Council Member Hustace— 1. Absent: None. Excused: None. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Respectfully, I would love the bill to pass the way that it is, but I am definitely feeling from the Council that there is a want for a sunset date. Respectfully to Mr. Hustace, I did see your amendment that you offered. I like it. I want to give the community more time to prove that with this credit, they can do what I think they can do. So with that, I brought forward an amendment, and I'm glad Mr. Perry is here because we had this conversation earlier today as far as amending and the way things work with amended language with bills that had been or have been amended. Motion to Amend: Mr. Kaneali`i-Kleinfelder moved to amend Bill 38, Draft 3, with the contents of Comm. 203.23. Seconded by Ms. Kierkiewicz. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I'm a lover of numbers. That was a nice set of numbers we had there. Effectively, this would proceed to give the community ten years before this would automatically sunset, which is two five-year annual reporting periods that RPT can provide through the amendment that we just passed for the bill, and gives us a sunset date and balances the want for more reporting and a review period, as well as giving the community time to prove themselves. I ask for everyone's support. Thank you. CHR. INABA: Council Member Kimball. MS. KIMBALL: Just lending my support to this particular time frame suggestion and the sunset date as suggested. Thank you. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you for putting in a sunset date. I'll be supporting. Page 28 Hawaii County Council-24 October 8,2025 CHR. INABA: Anyone else on the amendment? We've had a lot of people come from Puna specifically, and this isn't specific to Puna. And I think the difficulty that is faced and that was shared during the testimony won't end by 2037. So I know that's what it might take for some members of this Council to be able to pass the bill as a whole, but I can't support this specific amendment because I don't support a sunset on this program for especially the members of the Puna community. And I am sorry to the members who represent the Puna community who have to bring this amendment forward like this to get something good for your community passed through the finish line. So with that, a roll call vote on the amendment, please. Vote on Motion to The motion to amend Bill 38, Draft 3, with the contents of Amend: Comm. 203.23 was carried by the following roll call vote: (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, and Villegas —8. Noes: Council Chair Inaba— 1. Absent: None. Excused: None. Vote on Motion to Ms. Kimball moved to suspend Council Rule 23 to waive Suspend Council the holdover for the substantive amendment of Bill 38, Rules: Draft 3. Seconded by Mr. Onishi and carried by the (Approved) following roll call vote: Ayes: Council Members Galimba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—8. Noes: Council Member Hustace— 1. Absent: None. Excused: None. CHR. INABA: We are at second and final reading. The bill has been amended with Communications 203.22 and 203.23. Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Just sharing my appreciation for the comment you just made. I thank you for saying that. Other than that, I look for everyone's support on the bill. Thank you. CHR. INABA: Thank you. Council Member Galimba. MS. GALIMBA: Yes. I guess in response to that,putting in a sunset date does not mean that it automaticallyI mean, it will sunset but that doesn't mean people can't come in, future councils, and repeal the sunset date. It's just actually providing some accountability and active management of this program, which—I Page 29 Hawaii County Council-24 October 8,2025 mean, even for the people that are going to most benefit from it and are most supportive of it, even they I think point to some of the difficulties around funding and whether this will actually be effective. So I just think it's responsible to have this in here. And if it's working, gangbusters, I'm quite sure that a future council would be happy to repeal the sunset date. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you, Chair. It's taxpayer dollars, so I think it's only a good idea to do this. And it actually helps the subdivisions with all the work that they do, to try to get more people to put money in and everything. They can kind of utilize this ten-year period to think about, like,we want to show that we're doing a good job here, and I think it gives them more power to try to get people to actually pony up and do their part. So I hope it is helpful, and I hope it is successful. And happy to support this at this time. Thanks. CHR. INABA: Council Member Hustace. MR. HUSTACE: Thank you, Chair. Thank you, Council Member Kaneali`i- Kleinfelder, for the long conversations we've had about this, and the give and take and the push and pull on it. So thank you for bearing through all of that with us. I appreciate what you're trying to stand up for your community and trying give back to the community. So thank you. I do want to share that I do encourage the communities to push for mandatory dues in the communities. Because the voluntary dues aren't working, as we're seeing. So I encourage you to be strong, work together, and push for mandatory dues within your associations. So thank you. CHR. INABA: Council Member Kimball, briefly please. MS. KIMBALL: Yes. I just wanted to reflect I have gotten a little flack about this from my constituents just because we have a very different scenario, which is a lot of the roads that were created by the plantations were then given as private roads to one or more of the properties on a given road. For example, on my road, it's the first property on the street who owns the road. And so some of it has been, "Well, if we all get together and pool some money and pave our road, shouldn't we get a tax break too?" And I just wanted to share that there are other situations that we have to deal with. I'm going to continue to support this in spite of some of the information that I got from my constituency. Thanks. CHR. INABA: Thank you. Council Member Kierkiewicz. MS. KIERKIEWICZ: Yeah, really quickly, I just want to thank Council Member Kaneali`i-Kleinfelder for being such a champion for our Puna communities. I know that you've really taken to the roads issues in your time here on the Council. Page 30 Hawaii County Council-24 October 8,2025 It's been a lot of work, but I appreciate your heart and passion in making this happen. And thank you, Real Property Tax, for committing to the annual reports and the five-year look back. I think it's going to be really helpful information in regards to this program and the private roads bill that Mr. Kaneali`i-Kleinfelder had adopted earlier this year. So just in gratitude of your hard work. Thank you. I yield. CHR. INABA: Thank you, Council Member Kierkiewicz. Please mahalo Administrator Miura for all of her time spent on this bill as well. Mr. Clerk, a roll call vote on Bill 38. Vote on Bill 38: The motion to pass Bill 38, 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 Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Bill 72: INITIATES AN AMENDMENT TO ARTICLE VI, CHAPTER 10, (Draft 2) SECTION 6-10.3, OF THE CHARTER OF THE COUNTY OF HAWAI`I (2024 EDITION), RELATING TO THE DIRECTOR OF ENVIRONMENTAL MANAGEMENT Requires the Director of Environmental Management to have administrative experience in engineering, solid waste management, wastewater treatment, environmental policy and regulatory compliance, public administration, business, administration, or a related field; removes the requirement that the director needs to have an engineering degree or another degree in a related field. Reference: Comm. 400.2 Intr. by: Council Member Kierkiewicz First Reading: September 3, 2025 Postponed: September 17, 2025 2/3 Vote: Second of three required readings, Section 15-1(a), Hawaii County Charter (Note: There is a motion by Council Member Kierkiewicz, seconded by Council Member Galimba, to pass Bill 72, Draft 2, on second reading.) CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I don't actually have an amendment to this bill. I'd like to move forward as it currently reads. There was robust Page 31 Hawaii County Council-24 October 8,2025 discussion in Committee and mana`o provided by members about the kinds of experiences that we would want someone to be leading Environmental Management to have. So just looking for folks to support, and let the chips fall where they may. I yield. CHR. INABA: Thank you. Council Member Kaneali`i-Kleinfelder, and before you go, I just want to remind members we do have our General Plan meeting at 5 p.m. this evening. We're closing in on the hour, so be mindful with our time. Council Member, go ahead. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. In support of Bill 72. I made myself very clear on the last one of how I feel about engineers and administrative priorities. Thank you. I yield. CHR. INABA: All right, a roll call vote,please. Vote on Bill 72: The motion to pass Bill 72, Draft 2, on second reading Draft 2 failed by the following roll call vote: Failed Ayes: Council Members Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Inaba—5. Noes: Council Members Galimba, Hustace, Kagiwada, and Kimball —4. Absent: None. Excused: None. Bill 75: REPEALS SECTION 5 OF ORDINANCE NO. 22-94 AND AMENDS CHAPTER 18, ARTICLE 4, DIVISION 1, SECTION 18-90, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO FARES FOR PUBLIC TRANSPORTATION Extends the temporary suspension of fares for all mass transit riders through December 31, 2028. The fare suspension will not apply to County-contracted shared-ride services or curb-to-curb van services operated by the Department of Parks and Recreation. Reference: Comm. 429 Intr. by: Council Member Hustace (B/R) First Reading: September 17, 2025 Page 32 Hawaii County Council-24 October 8,2025 Vote on Bill 75: Mr. Hustace moved to pass Bill 75 on second and final (Adopted) reading. Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, and Chair Inaba—8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Bill 76: AMENDS ORDINANCE NO. 25-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR ENDING JUNE 30, 2026 Appropriates revenues in the Hawaii Community Foundation—Financial Empowerment Services (Private) account($125,000); and appropriates the same to the Hawaii Community Foundation—Financial Empowerment Services —Program account. Funds would be used to provide no-cost financial and homeownership counseling through a certified U.S. Department of Housing and Urban Development counseling service provider. Reference: Comm. 442 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) First Reading: September 17, 2025 Vote on Bill 76: Mr. Kaneali`i-Kleinfelder moved to pass Bill 76 on second (Adopted) and final reading. Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, and Chair Inaba—8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Page 33 Hawaii County Council-24 October 8,2025 Bill 77: 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($350,000); and appropriates the same to the Kulaimano Operating Maintenance account. Funds would be used for the Kulaimano Elderly Housing Project for operating and maintenance activities. Reference: Comm. 443 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) First Reading: September 17, 2025 Vote on Bill 77: Mr. Kaneali`i-Kleinfelder moved to pass Bill 77 on second (Adopted) and final reading. Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, and Chair Inaba—8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Bill 78: AMENDS ORDINANCE NO. 25-46, AS AMENDED, RELATING TO PUBLIC (Draft 2) IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR JULY 1, 2025, TO JUNE 30, 2026 Adds the Finance Land/Facility Acquisitions Project($1,150,000) and the Land/Facility Acquisitions —Federal Project($850,000) to the Capital Budget. Funds for these projects shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or other Sources ($1,150,000) and Federal Grants Receivable ($850,000), to acquire land for legally mandated projects and/or County Agency needs. Reference: Comm. 457.2 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) First Reading: September 17, 2025 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawaii County Charter Page 34 Hawaii County Council-24 October 8,2025 Vote on Bill 78: Mr. Kaneali`i-Kleinfelder moved to pass Bill 78, Draft 2, Draft 2 on second and final reading. Seconded by Ms. Kierkiewicz (Adopted) and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, and Chair Inaba—8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Bill 79: AMENDS ORDINANCE NO. 25-46, AS AMENDED, RELATING TO PUBLIC IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR DULY 1, 2025, TO DUNE 30, 2026 Adds the Environmental Management Kealakehe Wastewater Treatment Plant R-1 Upgrade Project($31,000,000)to the Capital Budget. Funds for this project shall be provided from General Obligation Bonds, Capital Projects Fund—Fund Balance and/or other Sources, to comply with a recent lawsuit settlement which requires the County to upgrade the Kealakehe Wastewater Treatment Plant to produce R-1 quality water for re-use. Reference: Comm. 458 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) First Reading: September 17, 2025 Note: Requires 2/3 vote of the entire membership to amend,pursuant to Section 10-6(e), Hawaii County Charter Vote on Bill 79: Mr. Kaneali`i-Kleinfelder moved to pass Bill 79 on second (Adopted) and final reading. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, and Chair Inaba—8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Return to Order The Chair directed the Council to return to the order of business. of Business: Page 35 Hawaii County Council-24 October 8,2025 Res. 317-25: 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 HAWAII FARMERS UNION FOUNDATION FOR ITS 2025 STATE ANNUAL CONVENTION Transfers $1,200 from the Clerk-Council Services —Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 505 Intr. by: Council Member Onishi Motion to Approve: Mr. Onishi moved to adopt Res. 317-25. Seconded by Mr. Hustace. CHR. INABA: Vice Chair Onishi. MR. ONISHI: Asking for support. Thanks. CHR. INABA: Thank you. All those in favor, please say "aye." Vote on Res. 317-25: The motion to adopt Res. 317-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, and Chair Inaba—8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Res. 321-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO NORTH KOHALA COMMUNITY RESOURCE CENTER TO ASSIST WITH EXPENSES FOR THE KOHALA RESILIENCE HUB'S KEIKI CHRISTMAS TOY DRIVE Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 9); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 517 Intr. by: Council Member Hustace Motion to Approve: Mr. Hustace moved to adopt Res. 321-25. Seconded by Ms. Kagiwada. CHR. INABA: Council Member Hustace. Page 36 Hawaii County Council-24 October 8,2025 MR. HUSTACE: Thank you, Chair. I'm just looking for everyone's support as you get into the holiday spirit. Thank you. CHR. INABA: Thank you. All those in favor of approving Resolution 321-25, please say "aye." Vote on Res. 321-25: The motion to adopt Res. 321-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, and Chair Inaba—8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Res. 322-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KONA HISTORICAL SOCIETY TO ASSIST WITH EXPENSES FOR THE HAWAI`I ISLAND BEEKEEPER LEGACY PROJECT'S RANCHING ROOTS AND AGRICULTURAL FUTURES EXHIBIT 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. 518 Intr. by: Council Member Hustace Motion to Approve: Mr. Hustace moved to adopt Res. 322-25. Seconded by Ms. Kagiwada. CHR. INABA: Council Member Hustace. MR. HUSTACE: Thank you, Chair. Just joining yourself and Council Member Villegas as you supported the beekeeper legacy project in the past. And Council Member Galimba; I apologize. The team there will be having an exhibit in Waimea. So it's going on the road. So I appreciate your support. CHR. INABA: Wonderful. All those in favor of approving Resolution 322-25, please say "aye." Page 37 Hawaii County Council-24 October 8,2025 Vote on Res. 322-25: The motion to adopt Res. 322-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, and Chair Inaba—8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Res. 323-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAWAII FARMERS UNION FOUNDATION TO ASSIST WITH EXPENSES FOR THE 2025 HAWAII FARMERS UNION CONVENTION Transfers $2,500 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. 519 Intr. by: Council Member Hustace Motion to Approve: Mr. Hustace moved to adopt Res. 323-25. Seconded by Ms. Kagiwada. CHR. INABA: Council Member Hustace. MR. HUSTACE: Thank you for your support. Just joining my colleagues. Mahalo. CHR. INABA: Thank you. All those in favor, please say "aye." Vote on Res. 323-25: The motion to adopt Res. 323-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, and Chair Inaba—8. Noes: None. Absent: Council Member Villegas — 1. Excused: None. Page 38 Hawaii County Council-24 October 8,2025 Res. 324-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO LOKAHI TREATMENT CENTERS TO ASSIST WITH EXPENSES FOR ITS SUBSTANCE ABUSE, MENTAL HEALTH, DOMESTIC VIOLENCE, AND ANGER MANAGEMENT TREATMENT PROGRAMS IN KONA Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 520 Intr. by: Council Member Inaba Vote on Res. 324-25: Ms. Kierkiewicz moved to adopt Res. 324-25. Seconded (Adopted) by Ms. Kagiwada and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Res. 325-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO SUSTAINABLE ENERGY HAWAI`I FOR ITS HE ALA PONO ELECTRIC VEHICLE AND SUSTAINABILITY FAIR Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Research and Development, Energy account. Reference: Comm. 521 Intr. by: Council Member Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 325-25. Seconded by Mr. Hustace. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Just looking for everybody's support. CHR. INABA: All those in favor,please say "aye." Page 39 Hawaii County Council-24 October 8,2025 Vote on Res. 325-25: The motion to adopt Res. 325-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Res. 326-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST WITH EXPENSES RELATING TO THE HILO BARRIO FIESTA Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 522 Intr. by: Council Member Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 326-25. Seconded by Mr. Hustace. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Thank you. We had nice testimony on this. Just looking for your support., CHR. INABA: Thank you. All those in favor of approving Resolution 326-25, please say "aye." Vote on Res. 326-25: The motion to adopt Res. 326-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Page 40 Hawaii County Council-24 October 8,2025 Res. 327-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL TO ASSIST WITH EXPENSES RELATING TO THE 2025 HAWAI`I ISLAND VETERANS DAY PARADE Transfers $1,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 523 Intr. by: Council Member Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 327-25. Seconded by Mr. Hustace. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Just looking for everybody's support. Thank you. CHR. INABA: Thank you. All those in favor of approving Resolution 327-25, please say "aye." Vote on Res. 327-25: The motion to adopt Res. 327-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Res. 328-25: 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 GRASSROOTS COMMUNITY DEVELOPMENT GROUP FOR EXPENSES RELATING TO THE 11TH ANNUAL HAWAI`I ISLAND ALL NATIONS POWWOW Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 524 Intr. by: Council Member Kaneali`i-Kleinfelder Page 41 Hawaii County Council-24 October 8,2025 Vote on Res. 328-25: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 328-25. (Adopted) Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Res. 329-25: 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 LO`I COLLECTIVE TO ASSIST WITH EXPENSES FOR SMASH FEST Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 525 Intr. by: Council Member Kaneali`i-Kleinfelder Vote on Res. 329-25: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 329-25. (Adopted) Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Res. 330-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR THE 2025 SAKADA DAY CELEBRATION Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 526 Intr. by: Council Member Kaneali`i-Kleinfelder Page 42 Hawaii County Council-24 October 8,2025 Vote on Res. 330-25: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 330-25. (Adopted) Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Res. 331-25: 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 FRIENDS OF FIRST RESPONDERS FOR ITS FIRST RESPONDERS' KIDS' DAY CAMP Transfers $5,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 527 Intr. by: Council Member Kaneali`i-Kleinfelder Vote on Res. 331-25: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 331-25. (Adopted) Seconded by Ms. Kierkiewicz and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Res. 332-25: 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 ZONTA CLUB OF HILO FOUNDATION FOR ITS 2026 "AMELIA EARHART GIRLS IN ENGINEERING DAY" EVENT Transfers $2,500 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. 528 Intr. by: Council Member Kierkiewicz Page 43 Hawaii County Council-24 October 8,2025 Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 332-25. Seconded by Mr. Hustace. CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: This event is very near and dear to my heart. It inspires young women here on our island to pursue careers in engineering by exposing them to projects in their most impressionable years of middle school. So, looking for everyone's support. Thank you. CHR. INABA: Thank you. All those in favor of approving Resolution 332-25, please say "aye." Vote on Res. 332-25: The motion to adopt Res. 332-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Res. 333-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR THE 2025 BARRIO FIESTA Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Research and Development, Big Island Film Office account. Reference: Comm. 529 Intr. by: Council Member Kierkiewicz Vote on Res. 333-25: Ms. Kierkiewicz moved to adopt Res. 333-25. Seconded (Adopted) by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Page 44 Hawaii County Council-24 October 8,2025 Res. 334-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL FOR THE 2025 HALA FESTIVAL Transfers $2,500 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 530 Intr. by: Council Member Kierkiewicz Vote on Res. 334-25: Ms. Kierkiewicz moved to adopt Res. 334-25. Seconded (Adopted) by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Res. 335-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO MALAMA O PUNA FOR THE BLACK SANDS BEACH COMMUNITY GARDEN'S KEIKI RESILIENCE PROJECT Transfers $10,000 from the Clerk-Council Services —Contingency Relief account (Council District 4); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 531 Intr. by: Council Member Kierkiewicz Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 335-25. Seconded by Mr. Hustace. CHR. INABA: Council Member Kierkiewicz. MS. KIERKIEWICZ: I just really quickly, Chair, wanted to share this really beautiful gigantic card that I got from members of the community today. All of the `opio and kupuna in the Black Sands Subdivision were so incredibly grateful for the support that this body has provided over the years—enrichment projects, hygiene kits; things that, as our testifiers said, restored dignity and a sense of community in Puna. So mahalo nui for everyone's continued support. I yield. Page 45 Hawaii County Council-24 October 8,2025 CHR. INABA: Thank you. All those in favor of approving Resolution 335-25, please say "aye." Vote on Res. 335-25: The motion to adopt Res. 335-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Res. 336-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE BIG ISLAND LIONS FOUNDATION FOR THE 2025 DOWNTOWN HILO CHRISTMAS LIGHTS PARADE Transfers $2,000 from the Clerk-Council Services —Contingency Relief account (Council District 1); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 532 Intr. by: Council Member Kimball Vote on Res. 336-25: Ms. Kimball moved to adopt Res. 336-25. Seconded by (Adopted) Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Res. 337-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO PEPE`EKEO COMMUNITY DEVELOPMENT CORPORATION FOR ITS COMMUNITY ENGAGEMENT AND STEWARDSHIP PROGRAM Transfers $3,500 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. 533 Intr. by: Council Member Kimball Page 46 Hawaii County Council-24 October 8,2025 Vote on Res. 337-25: Ms. Kimball moved to adopt Res. 337-25. Seconded by (Adopted) Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Res. 338-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO HAMAKUA HEALTH CENTER, INC., FOR THE HONOKA`A RENAISSANCE FAIRE Transfers $5,000 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. 534 Intr. by: Council Member Kimball Motion to Approve: Ms. Kimball moved to adopt Res. 338-25. Seconded by Mr. Hustace. CHR. INABA: Council Member Kimball. MS. KIMBALL: I just suggest that everybody take the 45-minute drive from Hilo to Honoka`a to attend this event after they do the parade. I don't think anybody's going to judge you if you wear your renaissance tights in the parade, Matt. So I hope everybody can—well, maybe. But I ask for everyone's support. Mahalo. CHR. INABA: Thank you. Some of us don't live in Hilo so it's a little further, but all right. All those in favor of approving Resolution 338-25, please say "aye." Vote on Res. 338-25: The motion to adopt Res. 338-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Page 47 Hawaii County Council-24 October 8,2025 Res. 339-25: 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 FOOD BASKET INC. FOR ITS KOKUA HARVEST FRUIT STANDS PROJECT IN COUNCIL DISTRICT 6 Transfers $6,750 from the Clerk-Council Services —Contingency Relief account (Council District 6); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 535 Intr. by: Council Member Galimba Vote on Res. 339-25: Ms. Galimba moved to adopt Res. 339-25. Seconded by (Adopted) Ms. Kagiwada and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Res. 340-25: 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 FOOD BASKET INC. FOR ITS KOKUA HARVEST FRUIT STANDS IN COUNCIL DISTRICT 2 Transfers $15,000 from the Clerk-Council Services —Contingency Relief account (Council District 2); and credits to the Department of Research and Development, Agriculture Other Current Expenses account. Reference: Comm. 536 Intr. by: Council Member Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 340-25. Seconded by Mr. Hustace. CHR. INABA: Council Member Kagiwada. MS. KAGIWADA: Just briefly. Just happy that we can all support this important work that supports our community in supporting food security for our residents. I am very happy that we can do this. So thank you for your support. CHR. INABA: Thank you. All those in favor of approving Resolution 340-25, please say "aye." Page 48 Hawaii County Council-24 October 8,2025 Vote on Res. 340-25: The motion to adopt Res. 340-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Res. 341-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO KUIKAHI MEDIATION CENTER INC. FOR ITS CONFLICT PREVENTION AND RESOLUTION TRAINING SERIES Transfers $3,000 from the Clerk-Council Services —Contingency Relief account (Council District 5); and credits to the Office of the Prosecuting Attorney, Other Current Expenses account. Reference: Comm. 537 Intr. by: Council Member Kaneali`i-Kleinfelder Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 341-25. Seconded by Ms. Kagiwada. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: I asked Ku`ikahi Mediation to include in their conflict resolution trainings bylaw training for our HOAs, which they were amenable to. And that was touching on a comment by Mr. Hustace as well, how to help HOAs understand bylaws, which helps them make mandatory road dues and adjust road dues. And so,yes. And I am hopeful that what they do is able to help provide some backbone to the communities that need to do that. So thank you for mentioning that. I appreciate that, Mr. Hustace. I yield, Chair. CHR. INABA: Thank you. All those in favor of approving Resolution 341-25, please say "aye." Page 49 Hawaii County Council-24 October 8,2025 Vote on Res. 341-25: The motion to adopt Res. 341-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for ORDINANCES Ordinances (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order.) Bill 80: 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 Federal Grants —Justice Assistance Grant-Special Response Team Capability Enhancement Grant account($78,491); and appropriates the same to the Justice Assistance Grant-Special Response Team Capability Enhancement account, for a total appropriation of$129,028. Funds would be used by the Police Department for training, travel, specialized gear, and equipment. Reference: Comm. 479 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-87 Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 80 on first reading and adopt Finance Committee Report No. 87. Seconded by Ms. Kierkiewicz. CHR. INABA: We have staff if you wanted to make any comment, or if there are any questions from members of the Council? Okay, perfect. MR. KANEALI`I-KLEINFELDER: If I could, Chair? CHR. INABA: Sure, go ahead. MR. KANEALI`I-KLEINFELDER: I just appreciate your patience. You've been sitting there for about two hours. So thank you. I yield, Chair. CHR. INABA: Thank you so much. All those in favor of approving Bill 80 at first reading, please say "aye." Page 50 Hawaii County Council-24 October 8,2025 Vote on Bill 80: The motion to pass Bill 80 on first reading and adopt (Approved) Finance Committee Report No. 87 was carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Bill 81: 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 Federal Grants —Improve Forensic Services account ($23,640); and appropriates the same to the Improve Forensic Services account, for a total appropriation of$120,000. Funds would be used by the Police Department to purchase a new Gas Chromatography-Mass Spectrometry instrument. Reference: Comm. 480 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-88 Vote on Bill 81: Mr. Kaneali`i-Kleinfelder moved to pass Bill 81 on first (Approved) reading and adopt Finance Committee Report No. 88. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. ORDER OF The Chair directed the Council to proceed to the next order of business, Order of THE DAY the Day (Second or Final Reading). (SECOND OR FINAL READING): (Note: Items in this category were taken up previously, out of order.) REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals EXECUTIVE for Executive Session. SESSION: Page 51 Hawaii County Council-24 October 8,2025 Comm. 503: CLAIM AGAINST THE COUNTY OF HAWAI`URATHBONE GROUP ON BEHALF OF STATE FARM INSURANCE COMPANY AS SUBROGEE OF GERALDINE K. HALA LATU From Deputy Corporation Counsel Justin C. Lee dated August 6, 2025, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including settlement discussion. Motion to Close Ms. Kimball moved to close file on Comm. 503. Seconded File: by Mr. Hustace. MS. KIMBALL: I read through the recommendation of Corporation Counsel with respect to this matter, and am comfortable with supporting that recommendation, and see no need to go into Executive Session. Thank you. Vote on Motion to Ms. Kimball moved to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 503. Seconded by (Approved) Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Vote on Comm. 503: The motion to close file on Comm. 503 was carried by the Filed following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Comm. 504: CLAIM AGAINST THE COUNTY OF HAWAI`UPROGRESSIVE ADVANCED INSURANCE COMPANY AS SUBROGEE OF CRYSTAL K. LIBARIOS From Deputy Corporation Counsel Justin C. Lee dated August 6, 2025, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter, including settlement discussion. Motion to Close Ms. Kimball moved to close file on Comm. 504. Seconded File: by Mr. Hustace. Page 52 Hawaii County Council-24 October 8,2025 MS. KIMBALL: Similarly, I've read through the recommendation of Corporation Counsel, and would like to move that we accept the recommendation contained in Communication 504 with respect to the claim against the County of Hawaii and Progressive Advanced Insurance Company for Crystal Libarios. Vote on Motion to Ms. Kimball moved to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 504. Seconded by (Approved) Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. Vote on Comm. 504: The motion to close file on Comm. 504 was carried by the Filed following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi, Villegas, and Chair Inaba—9. Noes: None. Absent: None. Excused: None. OTHER The Chair directed the Council to proceed to the next order of business, Other BUSINESS: Business. (There were none.) ANNOUNCE- The Chair directed the Council to proceed to the next order of business, MENTS: Announcements. (Note: At this time, Council Members made announcements regarding community events, activities, and other unofficial business.) Page 53 Hawaii County Council-24 October 8,2025 ADJOURN- There being no further business, Chair Inaba adjourned the meeting at 4:52 p.m. MENT: Council Approval: JAN 0 7 206 LERK JWdg Page 54