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HomeMy WebLinkAboutMIN COUNCIL 2025-07-23 2024-2026 Hawaii County Council 191b Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii July 23, 2025 INVOCATION: Pastor Heather Moore of Hope Chapel Kona gave the morning's invocation. CALL TO The regular meeting of the Hawaii County Council was called to order at ORDER: 9:05 a.m., in the Council Chambers, Kailua-Kona, by Mr. Dennis "Fresh" Onishi, Acting Chair. ROLL CALL: Present: Mr. Dennis "Fresh" Onishi, Vice Chair Ms. Michelle M. Galimba, Member Mr. James E. Hustace, Member Ms. Jenn Kagiwada, Member Ms. Ashley L. Kierkiewicz, Member(via videoconference from Hilo) Ms. Heather L. Kimball, Member Ms. Rebecca Villegas, Member Absent& Excused: Mr. Holeka Goro Inaba, Chair Mr. Matt Kaneali`i-Kleinfelder, Member PLEDGE OF The Acting 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 Acting Chair directed the Council to proceed to the next order of business, MEMORIALS, Petitions, Memorials, Certificates of Merit, and Expressions of Condolence. CERTIFICATES OF MERIT, AND (Note: At this time, Ms. Villegas presented the June 2025 Haweo Award to EXPRESSIONS OF Officer Dwayne Sluss of the Hawaii Police Department.) CONDOLENCE: Recess: At 9:23 a.m., the Acting Chair called for a recess. Reconvene: The meeting reconvened at 9:26 a.m. Hawaii County Council-19 July 23,2025 STATEMENTS The Acting 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 Acting Chair: Leslee Cook: Bill 51, Draft 2 (Comm. 283.3), in opposition. (representing Voice of (see Comm. 283.990) Community Cats) Lauren Foo: Bill 51, Draft 2 (Comm. 283.3), in opposition. (representing Aloha Animal (see Comm. 283.410) Alliance) Cory Harden: Bill 51, Draft 2 (Comm. 283.3), comment. Janice Palma-Glennie: Bill 51, Draft 2 (Comm. 283.3), in opposition. (see Comm. 283.377) Renee Rabb: Bill 51, Draft 2 (Comm. 283.3), in opposition. (see Comm. 283.214) Sharon Caldwell: Bill 51, Draft 2 (Comm. 283.3), in opposition. (see Comm. 283.722) Kelly Foster: Bill 51, Draft 2 (Comm. 283.3), in opposition. (representing Aloha Animal (see Comm. 283.496) Alliance) John Pelletier: Bill 51, Draft 2 (Comm. 283.3), in support. Sunny Gorg: Bill 51, Draft 2 (Comm. 283.3), in opposition. Jayne Florino: Bill 51, Draft 2 (Comm. 283.3), in opposition. (see Comm. 283.327) Sandra Alstrand: Bill 51, Draft 2 (Comm. 283.3), in opposition. (representing Action 4 Animals— (see Comm. 283.700) Hawaii) Sara Song: Bill 51, Draft 2 (Comm. 283.3), in opposition. (see Comm. 283.566) Josephine Keliipio: Bill 51, Draft 2 (Comm. 283.3), in opposition. Page 2 Hawaii County Council-19 July 23,2025 Maeliette Amana: Bill 51, Draft 2 (Comm. 283.3), in opposition. Sylvia Dolena: Bill 51, Draft 2 (Comm. 283.3), in opposition. (representing Aloha Animal (see Comm. 283.481) Advocate) Alicia Morrier: Bill 51, Draft 2 (Comm. 283.3), in opposition. (see Comm. 283.174) Helen Morgia: Bill 51, Draft 2 (Comm. 283.3), in opposition. (see Comm. 283.992) Kevin Kushel: Bill 51, Draft 2 (Comm. 283.3), in opposition. (representing Mainstreet Pahoa (see Comm. 283.956) Association and Seaview/Red Road Neighborhood Watch) Susan Collins: Bill 51, Draft 2 (Comm. 283.3), in opposition. (see Comm. 283.313) Lisa Mattheus: Bill 51, Draft 2 (Comm. 283.3), in opposition. (see Comm. 283.649) Cathy Mattheus: Bill 51, Draft 2 (Comm. 283.3), in opposition. (see Comm. 283.792) Cheryl Kuilipule: Bill 51, Draft 2 (Comm. 283.3), in opposition. Christin Greenland: Bill 51, Draft 2 (Comm. 283.3), in opposition. (representing Jungle Cat Ladies (see Comm. 283.324) Sanctuary) Barbara Cigainero: Bill 51, Draft 2 (Comm. 283.3), in opposition. (representing Action 4 Animals— (see Comm. 283.458) Hawaii) Vallaeia Springs: Bill 51, Draft 2 (Comm. 283.3), in opposition. (see Comm. 283.398) Cecilia Alvarado: Bill 51, Draft 2 (Comm. 283.3), in opposition. (see Comm. 283.296) Jessie Sponberg: Bill 51, Draft 2 (Comm. 283.3), in opposition. (representing F1ashTown Cat (see Comm. 283.992) Sanctuary) Page 3 Hawaii County Council-19 July 23,2025 Paula Piston: Bill 51, Draft 2 (Comm. 283.3), in opposition. Elizabeth Lough: Bill 51, Draft 2 (Comm. 283.3), in support. Uldra Johnson: Bill 51, Draft 2 (Comm. 283.3), in opposition. (see Comm. 283.349) Lisa Cardin: Bill 51, Draft 2 (Comm. 283.3), in opposition. (see Comm. 283.358) Mark Crivello: Bill 51, Draft 2 (Comm. 283.3), in opposition. (representing 3C Goat Grazing LLC) Jennifer Schneider: Bill 51, Draft 2 (Comm. 283.3), in opposition. (see Comm. 283.392) Noah Hunt: Bill 51, Draft 2 (Comm. 283.3), in support. Kealohaho`olamaikalani Li: Bill 51, Draft 2 (Comm. 283.3), in support. Elizabeth Wing: Bill 51, Draft 2 (Comm. 283.3), in opposition. APPROVAL The Acting Chair directed the Council to proceed to the next order of business, OF MINUTES: Approval of Minutes. Acting Chair Onishi announced that the Minutes of May 7, 2025, were approved. REPORTS: The Acting Chair directed the Council to proceed to the next order of business, Reports. GOEAC-49 NOMINATION OF WAYNE T. NISHIJIMA TO THE VETERANS ADVISORY (Comm. 363): COMMITTEE Vote on GOEAC-49: Ms. Kagiwada moved to adopt Governmental Operations (Adopted) and External Affairs Committee Report No. 49. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Onishi—7. Noes: None. Absent: Council Members Inaba and Kaneali`i-Kleinfelder—2. Excused: None. Page 4 Hawaii County Council-19 July 23,2025 GOEAC-50 NOMINATION OF ALAN OKAMOTO TO THE LIQUOR COMMISSION (Comm. 364): Requires Council Confirmation by: August 2, 2025 (Section 134(k), Hawai`i County Charter) Vote on GOEAC-50: Ms. Kagiwada moved to adopt Governmental Operations (Adopted) and External Affairs Committee Report No. 50. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Onishi—7. Noes: None. Absent: Council Members Inaba and Kaneali`i-Kleinfelder—2. Excused: None. GOEAC-51 NOMINATION OF BERNADETTE C. K. URBAN-SMITH TO THE POLICE (Comm. 365): COMMISSION Requires Council Confirmation by: August 2, 2025 (Section 134(k), Hawai`i County Charter) Vote on GOEAC-51: Ms. Kagiwada moved to adopt Governmental Operations (Adopted) and External Affairs Committee Report No. 51. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Onishi—7. Noes: None. Absent: Council Members Inaba and Kaneali`i-Kleinfelder—2. Excused: None. Change Order As directed by the Acting Chair and with no objection from the Council of Business: Members, the following item was taken out of order: STATEMENTS The Acting Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON BILL 51 The following individuals registered to speak and came forward when called by (DRAFT 2) the Acting Chair: (COMM. 283.3): Page 5 Hawaii County Council-19 July 23,2025 Greg Baker: In opposition. (representing Kahu Popoki and Hawaii Animal Advocacy) Elaine Portlow: In opposition. Bret Mossman: In support. (representing Division of Forestry and Wildlife) K. T. Cannon-Eger: In support. (see Comm. 283.990) Jordan Lerma: In support. (representing Nene.org) Bill 51: AMENDS CHAPTER 4, ARTICLE 3, OF THE HAWAI`I COUNTY CODE 1983 (Draft 2) (2016 EDITION, AS AMENDED), RELATING TO ANIMALS Prohibits the feeding of feral or stray animals on property owned, leased, rented, managed, or operated by the County. Reference: Comm. 283.3 Intr. by: Council Member Kaneali`i-Kleinfelder Approve: PCHSW-3 (Note: The following proposed amendments to Bill 51, Draft 2, were circulated: 1) Comm. 283.4 from Council Member Heather L. Kimball dated July 18, 2025; 2) Comm. 283.5 from Council Member Jenn Kagiwada dated July 18, 2025; and 3) Comm. 283.6 from Council Member Michelle M. Galimba dated July 22, 2025.) Motion to Approve: Ms. Galimba moved to pass Bill 51, Draft 2, on first reading and adopt Policy Committee on Health, Safety, and Well-being Committee Report No. 3. Seconded by Mr. Hustace. ACTING CHR. ONISHI: Council Members, per the maker's request because he's not here today, he wanted me to ask a Council Member to do a motion for postponement until August 6that's, I think, a Wednesday—in Hilo. Motion to Postpone: Ms. Villegas moved to postpone Bill 51, Draft 2, to August 6, 2025. Seconded by Mr. Hustace. ACTING CHR. ONISHI: Discussion on the postponement. Ms. Villegas. MS. VILLEGAS: I'd like to just explain a little bit without overly indulging with my colleagues about why the maker is not here today. There was a family Page 6 Hawaii County Council-19 July 23,2025 emergency that required his wife to remain on island due to the premature birth of his grandchild and the need for him to travel with his other child, because she had to have a parental guardian on an already organized trip. So, as husband and wife, had to choose to divide and conquer in order to meet their responsibilities as parents to both of their daughters. So having spoken to the maker, his intention he's very sorry—was never the intention to not be here, and hopes that our Council would honor his request regardless of the extra burden it does cause by us having to endure so many hours of testimony potentially again. However, it will be the will of the Council whether or not we want to honor the request to postpone. I yield. ACTING CHR. ONISHI: Ms. Kimball. MS. KIMBALL: Thank you. Appreciate the maker's request and I'm willing to consider, but I would like the opportunity to discuss a couple of amendments that we've prepared for today, prior to postponement. ACTING CHR. ONISHI: Ms. Kagiwada. MS. KAGIWADA: I guess we've got another,presuming that this passes today, there's still another reading of the bill. And I feel like, as just mentioned, we sat through quite a bit of testimony. We were all here. We all listened to, read, received all the testimony, and I would like us to not postpone just because we do have another reading after this. But if people feel really strongly about postponing, then yes, I would please ask that we at least look at the amendments today. I yield. ACTING CHR. ONISHL Hilo, any discussion? MS. KIERKIEWICZ: Chair, if we're going to be discussing amendments, I prefer to have a full Council seated for all of us to deliberate on changes to the bill, particularly the maker's presence is crucial to that. Thank you. ACTING CHR. ONISHI: And I agree. Any others? MS. VILLEGAS: I share that opinion. I feel it is a reflection of respect for the maker, and I think that it's a reciprocity that we would all appreciate if we were in the position of the person who had the courage and tenacity to bring forth this legislation, which we all knew would be challenging. So I agree with that prior statement by Council Member Kierkiewicz. I yield. ACTING CHR. ONISHI: Okay. Mr. Clerk, I had a question. If this postponement fails and then we go to the main motion, amendments are done, and if the amendments do not pass by this body today, it cannot be brought back up. Is that correct? Page 7 Hawaii County Council-19 July 23,2025 MR. HENRICKS: If the amendments don't pass or if the main motion fails. ACTING CHR. ONISHI: Well, it's going to be the amendments because we're going back to the main motion and then they're going to have amendments done. Right? MR. HENRICKS: So if there's an amendment that fails to pass, it could not be brought back in substantially that same form. Similarly, if the bill does not receive sufficient votes for it to pass first reading, it will not go to second reading. ACTING CHR. ONISHI: Okay. Okay, any other discussion on the postponement? Okay, hearing or seeing none, Mr. Clerk, roll call please. Vote on Motion to The motion to postpone Bill 51, Draft 2, to August 6, 2025, Postpone: failed by the following roll call vote: Failed Ayes: Council Members Hustace, Kierkiewicz, Villegas, and Acting Chair Onishi—4. Noes: Council Members Galimba, Kagiwada, and Kimball—3. Absent: Council Members Inaba and Kaneali`i-Kleinfelder—2. Excused: None. ACTING CHR. ONISHI: On the main motion. I guess, any discussion before we do the amendments? Nope? Okay, Ms. Kimball. Motion to Amend: Ms. Kimball moved to amend Bill 51, Draft 2, with the contents of Comm. 283.4. Seconded by Ms. Kagiwada. ACTING CHR. ONISHI: Go ahead, Ms. Kimball. MS. KIMBALL: Thank you. So a number of testifiers mentioned the program that we've been working on probably for about two years now to have a managed cat program. And the idea is that we would use traps to do a massive trapping event where we would try to get 99 percent of the cats in an area, get them spayed/neutered, get the ones that are healthy vaccinated/treated. If there are animals that are clearly sick, we have the veterinarian here today talking about some of those situations that we see our feral cats in. They would be compassionately euthanized. And then there would be a management program that would gradually migrate the cats away from the public area. It was a pilot project. It's meant to test a theory that has worked on other island and community situations. The key thing I think about was the data collection piece. We are really—we have a sense of what the problem is, but we don't have a real sense of the entire scope of the problem. We had initially recommended Page 8 Hawaii County Council-19 July 23,2025 using the Banyan Drive area as the location for this pilot project but in—we're looking at other locations that don't actually have nene present as another location,just given all of the testimony around that that we've heard with Bill 51. So the location is I don't want to say arbitrary; we want it to be a meaningful location. But I think that there is the ability to relocate to an area that has fewer challenges. So given that, what this amendment proposes is at least the ability to initiate this pilot program, which involves training people officially as cat caretakers, and then they would be made aware of best practices. They would be identifying and reporting information, including the number of cats in the colony, if there's new cats being dumped; any information so that we can really get a handle on this problem and determine whether or not this TNRM (Trap-Neuter- Return-Manage)—and that"M" is important, the manage piece—is going to be a successful program or not. Appreciate the intent of the bill, but we've just added very specific language to allow for this specific pilot program to continue to happen. I'm happy to answer any questions, but I ask for my colleagues' support. ACTING CHR. ONISHI: Ms. Villegas. MS. VILLEGAS: Thank you for adding in this very specific language that in my understanding that was a prior amendment put in the legislation, is that unless approved management programs or pilot projects. So I feel that this creates a lot more specificity. And I like the concept here of them needing—they have to be trained in colony care and best practices, environmental and public health impact, trap/neuter/vaccinate. I don't like the return, quite frankly, period. The return we're past. We're past the point of return actually when it comes to feral cats. And they have to sign a written agreement. So, as much as I still am leery, I feel like the intentionality of the legislation, which unfortunately has been misconstrued consistently by testifiers and those opposed to Bill 51, that this further specifies. And I think it will actually filter through those who are authentically committed to long-term solutions for these colonies and County properties and mitigation. Because unfortunately, historically we had a lot of passionate people that move on or stop, or they just have their own little feeding zone. I guess my question is, when you're talking about this pilot project and where it has been successful, was it successful anywhere else in Hawaii? Because, we have the unique circumstance of not having any other predators that come after cats. So we're constantly hearing data about projects that have been successful, but my question is, is that even relative to Hawaii? Because, we have a unique island ecosystem and lack of any other predators that would help keep the numbers under control. Page 9 Hawaii County Council-19 July 23,2025 ACTING CHR. ONISHI: Ms. Kimball. MS. KIMBALL: This would be the first of its kind in Hawaii, which is part of the reason for doing it actually. The other locations where this model has been used, there is another island location where it has been used, the (inaudible). Off of Portugal and then Barcelona, and then there's some other locations. But it has been modeled in other places but not in Hawaii. This would be the first of its kind. MS. VILLEGAS: Okay. I'm still leery about it. But based on the premise of what we already agreed upon, which is the allowance for attempts at management, but I do appreciate the specificity in here and the accountability. So I don't have any issues with this amendment moving forward, and agree that a certified community cat caretaker needed to be more defined. So, with this amendment, I can be in support of it today. ACTING CHR. ONISHI: Okay. Mr. Hustace. MR. HUSTACE: Thank you, Chair. To the maker, I just have a question. This really stems from the pilot program that's being kind of pursued right now. Have you had conversations with Administrator Runnells as to what this could look like, this sort of level of training and approval process? MS. KIMBALL: Yes. Actually, the training is already being conducted for some of the members of the community. As I said, this has been in the works for about two years. We've had two facilitated sessions through Ku`ikahi Mediation (Center) with all of the stakeholders. The Aloha Animal Alliance folks have already developed the training program and have been doing that in some of our community groups already. MR. HUSTACE: And that's something that—and I don't want to speak for MS. KIMBALL: And yes, I should clarify Administrator Runnells has been a part of our meetings with the focus group, as well as Mr. Honma from Parks and Rec (Recreation) and members of the State DLNR(Department of Land and Natural Resources) representation. MR. HUSTACE: Thank you, Council Member. Could I ask Administrator Runnells, if he's still in the Hilo chamber, to come forward if he's available? MS. KIERKIEWICZ: He is approaching, Council Member. MR. HUSTACE: Thank you, Council Member. (Note: At this time, Administrator Matthew Runnells, Animal Control and Protection Agency, came forward to address the members of the Council.) Page 10 Hawaii County Council-19 July 23,2025 MR. RUNNELLS: Hi, there. It's good to see everybody today. MR. HUSTACE: Aloha, Administrator. Thanks for joining us. I appreciate your time today. Just curious about the training program. You've been involved in these conversations about the pilot program. And as the one who would be signing off on a lot of these certificates and numbers for individuals, you've been in those conversations about the training course and the program and validating individuals for this. Can you give us some perspective through the pilot program, through these conversations over the past couple years as to the program itself and it being housed under your leadership, and how we apply that with the community and anything that we should be aware of here. MR. RUNNELLS: From our department, we're not training those individuals. Those are being trained by Aloha Animal Alliance. The idea and the premise behind it is to take the individuals that are currently feeding and bring them under the umbrella and training of a single group to better streamline and manage those colonies, and to get them to where they're feeding from one location and eventually to migrate them off of the properties that they're currently on. So yes, we've all had many group discussions when it comes to this topic. And there has been some agreements and disagreements back and forth as to what the entire project will look like at the end of the day. But there's still a lot of work to be done on it. MR. HUSTACE: So please share with me some thoughts. Yes, it's being more or less contracted out through partnership through Aloha Animal Alliance to do the training, but at the end of the day, you and your department sign off on these individuals. You are giving them identification materials to be these identified caretakers. MR. RUNNELLS: Yeah. I mean, we're not signing off an individual, but yes we are working with that group to try to make sure that those individuals are trained and not just randomly going out on their own and feeding. That's the idea with this program, is you can't have just random individuals coming through, feeding at different times. If those cats aren't managed properly, then the entire project, it'd just fall through. But our department is working with that group to make sure that, yeah, they are properly vetting and training those individuals. MR. HUSTACE: Okay, so you are part of that conversation to build out and develop that training course and program then. MR. RUNNELLS: Yup. Page 11 Hawaii County Council-19 July 23,2025 MR. HUSTACE: Okay. So you're at the table having these conversations about what the course looks like, so it's not that—they're doing it and then they give you a list of these are people that we've given the course here. You've actually kind of built out/molded the course itself. MR. RUNNELLS: I mean, we're allowing them to have that rein to be able to train the individuals themselves. But at the end of the day, we don't have enough manpower to sit there and manage every single feeder that comes through for the group. But we are relying on that group to train those individuals, yes. MR. HUSTACE: Okay. No, I appreciate the insight there. The amendment does say that they would be receiving an identification card and number from you. So I just want to see that you're at the table having this—that you have vetted this program, right, as our County lead on animal control, that this program meets your standards, meets the standards of the department, Administration, whatnot, that you would be comfortable approving these individuals, that the training meets that standard. That's what I'm kind of looking for here. MR. RUNNELLS: Yes. And that's really where I stand too. It is a program that has not been—it's a pilot program. It's an example of what we are attempting at trying. Is it the only thing that we're trying, or the only thing that is possible? I don't think so. And so, there are—one of the many tools to try to get us down the road to solve the problem of the cats is, you know—if this is one of those additional tools, I support it. But I also support other options, too, that can come forward to try to manage those colonies and, overall, the cat population on the entire island. MR. HUSTACE: Thank you, Administrator. I appreciate your answers. And back to the maker if I may, Chair? ACTING CHR. ONISHI: Okay. MR. HUSTACE: Thank you. Do we need to have some sort of MOU (Memorandum of Understanding) or some sort of—is there something already in place for this to kind of have a prescribed sort of training course that is then approved, that we have that partnership and relationship with an administrator who signs off on? MS. KIMBALL: Yes. There should be an MOU, and one is in the process of being developed. I'm going to suggest, actually, it's probably the kind of thing that the Administrator could sign off on on his own without our oversight. But I'd like to bring it to Council just so that you guys all can see what the agreement looks like. I will note, with respect to that one line, that the Administrator is the one signing off on these individuals. We thought it was important that it's not like anybody can create a training program and anybody can sign them off. We do want it to be very tightly controlled with this relationship with the Animal Page 12 Hawaii County Council-19 July 23,2025 Control and Protection Agency. I mean, ultimately, it's the kind of thing he could delegate to somebody through this MOU, but we really want to make sure there's this tie between our Administration and the group doing the training. But yes, thank you. MR. HUSTACE: Thank you, Chair. I yield. ACTING CHR. ONISHI: Ms. Galimba. MS. GALIMBA: Thank you. I just wanted to say I support this amendment, because as a person who manages animals professionally, I do feel that it'll be more successful if we have a management program that can deal with the situation rather than basically just not feeding them and then just letting nature take its course. I don't think that that is going to lead to the best outcome to the outcome that we want. So just like the goat herder that came in, you manage the animals to get them to do what you want to do and move them away from the County parks, move them out of the County parks, get them neutered, get them euthanized in the appropriate situation, and I think that will lead to a better outcome for the animals and a better outcome for the people out there. So this will be working with the community rather than antagonizing them. Thanks. ACTING CHR. ONISHI: Ms. Kagiwada. MS. KAGIWADA: Thank you. So I just want to say I am supportive of this amendment, and I also want to state that I'm not against banning unregulated cat feeding. I voted against this bill in Committee because I don't think it had the piece in it that allowed for management of the animals, which does have to include feeding just as mentioned in order to entice the animals into the traps and to get them the help they need as far as spay and neuter, and euthanizing mainly if they are ill or spreading diseases. So I do appreciate the specificity here. My colleague talked about she doesn't like the return part and I agree. I wish there were some additional ways we could deal with the return part. I know people have talked about sanctuaries, things like that, maybe spaces. And if those can get developed as we're working on this as potentially places to relocate healthy cats, then I think that would help the situation and we would then return much fewer cats to their original location. I did want to mention that one of the places where they've had success in this is actually a sister city of ours, which I didn't know much about, but it's called La Reunion and it's near Madagascar. It is a small island that does not have predators, that is very—the reason it's our sister city is because it is very similar to our island. And they've actually had quite a bit of success. They have native bird populations that they needed to protect as well. And so, I thought it was very interesting to see how they worked moving the cats away from the sensitive areas, and then at some point used the smaller number of community cats that were Page 13 Hawaii County Council-19 July 23,2025 returned after spay and neuter to actually act almost as guards for the sensitive areas, keeping other cats, new cats, from returning to that area. But existing on a perimeter that would actually help the situation. So I think this—we can learn a lot from these other places that have worked on similar types of programs. But I'm just happy to try a pilot program here, whether it's on the Lili`uokalani Park peninsula area or somewhere else on our island, if it's better suited somewhere else, to try to really do this full scale and then hopefully be able to replicate it in other places on the island where there are sensitive places. So thank you, Council Member Kimball, for bringing this forward. I fully support the amendment. I yield. ACTING CHR. ONISHI: Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I just want to take a moment to acknowledge my many constituents in the room. Thank you for your passionate testimony and for everyone just really engaging on the issue with civility and respect. I know it's a very sensitive topic, so I just really appreciate everybody being very respectful with these discussions. I'm inclined to support the amendment that is being proposed today. Because, what I think it does is it acknowledges the role that many volunteers are assuming in the community right now, which is being compassionate caretakers for our animals. And I think this sort of recognizes the work that you're doing and also honors the desire that you wish the County had taken from the onset, which was a more collaborative approach. Rather than going straight to criminalization, let's find ways to work together and collaborate. I have some questions for Administrator Runnells. There was talk about this sort of being a pilot program, the certification program, for the last couple of years. When are we going to be able to launch this certification? MR. RUNNELLS: That's an excellent question. And I am talking to them currently about the MOU that was mentioned to try to draft one that does tailor some of this stuff and get us to the point that we can start this. Because, I know there are a lot of questions right now and a lot of people looking to find some answers from data and things like that that they have to start rolling out. MS. KIERKIEWICZ: Okay. So we're not quite sure yet, is what I'm hearing. And I'm hearing my colleagues say we're going to be able to pilot this in certain locations around the island. But the amendment I'm looking at would be applied island wide. We wouldn't necessarily get to pick and choose where we are going to allow certified community cat caretakers to play their role. So could you help me better understand how you envision this rolling out? Page 14 Hawaii County Council-19 July 23,2025 MR. RUNNELLS: I think that, even from the group standpoint, one location was to start and then, as it gains momentum and success, to duplicate this process throughout the island in different locations. MS. KIERKIEWICZ: How long do you think that will take going from one to (inaudible) locations? MR. RUNNELLS: I mean, you're talking years probably for it to completely get to the point that it starts to have an effect. I mean, it's going to be a while. MS. KIERKIEWICZ: Is Aloha Animal Alliance, that's the organization you're working with, are they the only ones that are capable of doing this certification work that is being proposed? MR. RUNNELLS: Not necessarily. But a lot of groups out there have a lot of momentum as well, but as far as the backing and—the individuals within that group have worked in other areas of animal care as well. They do have a veterinarian with their group as well that has a lot to gain for this project when it comes to having success. MS. KIERKIEWICZ: Do they have island-wide capacity to support the needs of various communities? MR. RUNNELLS: I think so. It's hard to say. I think a lot of this builds off itself. So success in one can lead into another and eventually spread throughout the whole island. Nobody can safely say if they have success island wide yet with a project like this. MS. KIERKIEWICZ: So it sounds like there's very clear criteria that Aloha Animal Alliance, like, expectations they must meet. And you mentioned that there are other organizations that have built momentum around this issue. And I wonder if there is space or opportunity to certify those that are going to be certifying community members. That way there's more impact and reach island wide, and we can achieve what the community is asking for faster. Is it possible to get more folks certified? MR. RUNNELLS: I think it is. It's just a matter of enough training process, and that's up to the organization itself to make sure that they have enough trainers and get the process down well enough. MS. KIERKIEWICZ: But can we have more organizations outside of Aloha Animal Alliance embracing the opportunity to certify residents? MR. RUNNELLS: I believe so. It's just a matter of funding and making sure MS. KIERKIEWICZ: That's my next question. Page 15 Hawaii County Council-19 July 23,2025 MR. RUNNELLS: The money goes into the right project. Having one organization manage those funds that are given to do that project, it would mean those other organizations would have to have a collaborative effort with that organization as well. MS. KIERKIEWICZ: So speaking of resources, how much funding is available within the County to be supporting the certification effort so far? MR. RUNNELLS: We don't have any necessarily in our budget. Most of it comes through contingency relief funds for gaining some of that. We did have some money set aside, then we gave them some from last year's budget for some of the buildup funding for it. It will take a lot to get to the point that it has a huge effect,just because the cost of spaying and neutering, trapping, feeding, all of that stuff is a fairly high-cost process. MS. KIERKIEWICZ: Yes. This issue requires a multipronged approach to it. Thank you. MR. RUNNELLS: Oh, yeah. MS. KIERKIEWICZ: And then, as far as the certification of community cat caretaker, are we going to be socializing what these requirements are with the community? We have a lot of folks that are in the room that have been taking care of animals for many years, and I just hope that they get to see some of that criteria in advance, and maybe even provide their mana`o where they think we can maybe strengthen the certification process. MR. RUNNELLS: Yeah, that would be something to put into an MOU with them so that we get all that stuff out to the community and educate the public as to what those cat feeders are doing, the certified cat feeders, what they're doing. MS. KIERKIEWICZ: Yes, okay. Those are all my questions for now. Thank you for being here, Administrator. I yield. MR. RUNNELLS: Sure. Of course. ACTING CHR. ONISHI: Thank you. Ms. Villegas. MS. VILLEGAS: I guess I have a question here. The conversation has me a little concerned that this becomes a mechanism to certify all kinds of cat feeders and those that are currently—the intention of this legislation is to stop feeding the feral cat colonies in our County parks and facilities areas. It was mentioned by Parks and Rec the challenges they're facing. I would like to just also put out there, Old Airport park might be a perfect location. We don't have a nene population there. We also don't have a native Page 16 Hawaii County Council-19 July 23,2025 bird population in any substantial quantity, because there are hundreds of feral cats. We cannot refurbish the sand volleyball court there because it will just become a litterbox. For a frame of reference for the public, it cost $25,000 to replace the sand in that one sand volleyball pit. So I have concerns withI understand the intention of my colleagues to find a middle ground here to allow for a pilot project, but I don't want it to become a loophole for continued experiences. Somebody just texted me that I should apologize for the things that I said in our last meeting and I won't. What I will say is we've been sitting for almost 11 hours and endured hours of testimony, and much of it was incorrect. And unfortunately as is the case in society now, people hear something, the story changes and then, before you know it,people come and testify when they never read the damn legislation. And they're assuming we're trying to pass a law that says you can't feed wild cats. It's you can't feed any feral animals but only in our County properties. These are public properties. Nine out of the ten people that I run into or speak to or hear from thank me and thank our Council for taking on this issue. People, the general public are tired of enduring the consequences of what I know those that are engaging in these activities and feeding really feel are compassionate. But they're doing more harm than good. I also want to put out to those that decided it would be a good idea to send us each 1,900 emails, spam emails, in the last two days. Just stop. It's not helping your cause, and it's prohibiting us from being effective and efficient and doing our jobs. Also, utilizing terms like "community cats." Once again, I just call on you to call it in. Get it straight. They're not community cats. They're feral species that's overrun an ecosystem. And native cultures and indigenous peoples have historically been able to identify imbalance in an ecosystem of any species. We have the unique experience on this island that cats, yes, a human-introduced problem, but if humans are perpetuating it, because in this ecosystem they have no natural predators, something has to be done to rebalance the system for the greater good, the common good. And this only relates to County property. If you want to feed cats, if you want to have a cat colony, I think that's a beautiful thing. Do it on private property. Also, I want to be clear, I don't believe it's the County's responsibility to fund sanctuaries for an invasive species. We've had more testimony on this issue—it just baffles me. We're being accused of all the attention, resources, and energy being put forth to pass Bill 51, and I think, for those 1,900 people, if they all adopted a cat from our County parks, our cat colonies would go down tremendously and we'd be a whole lot closer to solving this issue. So I don't think it's the County's job to create sanctuaries for these creatures. I think that that would be a beautiful project for private funding and private property. I'll yield at this time. Page 17 Hawaii County Council-19 July 23,2025 CHR. INABA: Thank you. Ms. Galimba. MS. GALIMBA: Thank you. I just wanted to note that I've asked Action 4 Animals—Aloha Animal Alliance, sorry I get them mixed up, has agreed to come in and do a presentation. I'm working with them to either do the second Committee meeting in August or the first Committee meeting in September. I think it's August 19d' or September 2nd. They will be coming in to present on their pilot program, so we can talk with them in more detail and start to have that conversation. Thanks. ACTING CHR. ONISHI: Ms. Kimball. MS. KIMBALL: Thank you. I just wanted to make three comments. First being that the proposed amended language that would go into Section (a), there's no intention to make a loophole here. It's very clear it's got to be a contract with the Animal Control and Protection Agency. It's specific dates and times where the feeding is allowed. It has to be part of one of these programs. I'm happy to entertain even further language if you think it needs strengthening around making it clear that this is for this program, and it is not just willy-nilly certification. It is meant to be very targeted. But I hope you all are going to accept the amendment as it is today, and I'm happy to consider further strengthening it. Second comment. Yes, Old A's (Old Kona Airport) is actually on the top of the list, I think, as an alternative location just because of the absence of native species. There are many folks in the area that would be willing to be part of the program there; speaking to Council Member Kierkiewicz' comment about island- wide ability to support. And they're also willing to come and do a little bit above and beyond just the feeding program to make sure the area is clean and safe for human use. The last comment that I would make with respect to your comment about all those folks taking a cat, it actually would probably be cheaper for us to charter a plan and fly a bunch of cats to the Mainland than it would be to set up and entirely fund a sanctuary. So that's not out of the picture as something to consider. Part of this would be potentially looking for adoptees outside of the State of Hawaii. So something to discuss and consider. Thank you. ACTING CHR. ONISHI: Okay, any other discussion? Hearing or seeing none, okay, I just have a couple. Mr. Clerk, listening to discussions from some of the Council Members about maybe proposed legislation, I guess, or funding possible by the County, could that be a possibility of Sunshine Law violations? Page 18 Hawaii County Council-19 July 23,2025 MR. HENRICKS: I would defer to the Corporation Counsel, but I think you're okay because this is a properly noticed meeting and it's relevant to the motion that's on the floor right now and the bill that's before the Council. ACTING CHR. ONISHI: But I mean future discussions because of what they're mentioning. MR. HENRICKS: It's probably wise to be cautious about being too specific about a bill that could be introduced, or a resolution or something to that nature shouldn't be too specific. But some broad discussion probably is allowable. ACTING CHR. ONISHI: Renee? Corporation Counsel? I'm just listening to discussion here from all different members and then how they're working with these groups and dadada. (Note: At this time, Corporation Counsel Renee Schoen came forward to address the members of the Council.) MS. SCHOEN: Renee Schoen, Corporation Counsel. I would agree with Mr. Henricks in that you don't want to be too specific about discussions regarding proposed legislation or future action. But a general discussion as it relates to, I think, the amendment which is before you is permissible. ACTING CHR. ONISHI: Okay, thank you. And just for the public, it was mentioned about banning feeding. We're not banning feeding. We're just, like Ms. Villegas mentioned, it's about County properties. That's what we're doing right now. And so, the misconception of this bill is going to ban all feeding is not correct. The other thing, too, okay, so Council Members Kimball and Kagiwada went to Lanai to visit the cat sanctuary. I don't see nothing in legislation talking anything about creating because what's happening is that, as we're hearing the discussion, the trapping, the releasing, and we were told when you folks were talking to, is it Keone? The head person, the executive director, at that cat sanctuary? He and Jason? That doesn't really work. He said you need to have a facility. So that's what we should be discussing, about how we can create sanctuaries to help the people who are abandoning these cats in our public facilities because they don't have no place else to go, and they can put them into the cat sanctuary. Now, we were told they're up to about 800. Their maximum is a thousand cats, but on average they have 600. They're always looking at trying to have adoptions. And why they're at 800 is because of the Lahaina fire. There were a lot of cats, either as pets or not. They took them in and they started to treat them, take care of them; and then they're looking at getting adoptions. Page 19 Hawaii County Council-19 July 23,2025 So, to me, we should be looking at, since the maker and also the other Council Member have gone there and want to do these amendments, should be mentioning something about this, that we can have a location where these trapped, neutered, spayed cats can go to. And as you folks found out over there, they use it like a petting zoo. Right? They have visitors that go there, that they make revenue out of this situation. But nothing is mentioned every time when we hear this bill. And you are the advocates that are working with these other nonprofits, and that's the no discussion. So I feel that if you folks really want to do and help them, look at the whole picture. Look at the whole big picture. Get one plan. Look at the end results. This is, to me, all temporary fixes. So, what, we going keep on doing it? We've got to try and fix this problem. Like homelessness, we're here to try and fix the homeless problem. Right? We're not here to just Band-Aid it. Why are we giving $10.5 million to our nonprofits? It's to try and solve the problem. So, as a body, this is what we're supposed to be trying to do; solve the problems. But with that, Mr. Clerk, let's do a roll call on the amendment of Communication 234.4 [sic]. Vote on Motion to The motion to amend Bill 51, Draft 2, with the contents of Amend: Comm. 283.4 was carried by the following roll call vote: (Approved) Ayes: Council Members Galimba, Kagiwada, Kierkiewicz, Kimball, and Villegas—5. Noes: Council Members Hustace and Acting Chair Onishi—2. Absent: Council Members Inaba and Kaneali`i-Kleinfelder—2. Excused: None. ACTING CHR. ONISHI: We're back to the main and then we have two more amendments. So, depending on which one we want, somebody's going to withdraw one of them. Okay. So why don't we do the withdrawal first? MS. KAGIWADA: Well, let's—can we please look at 283.5? And if doesn't pass, people might prefer the other one. ACTING CHR. ONISHI: Okay, go ahead, Ms. Kagiwada. MS. KAGIWADA: Thank you. Motion to Amend: Ms. Kagiwada moved to amend Bill 51, Draft 2, with the contents of Comm. 283.5. Seconded by Ms. Galimba. ACTING CHR. ONISHI: Ms. Kagiwada. Page 20 Hawaii County Council-19 July 23,2025 MS. KAGIWADA: Thank you. This is just to put the starting date of this going into effect out a little bit just to have time to get things in order to work with Animal Control, to work with our Parks Department, to work with everybody here, to get things set up before any ticketing or things like that might go into effect. So I look for your support. ACTING CHR. ONISHI: Any other discussion? Ms. Villegas. MS. VILLEGAS: I can support this. By looking at both of the potential amendments, I think there is some clarity in having it be a date at the beginning of the year, versus a number of days out from Bill 51 passing, if it does pass. So I am comfortable with this amendment. It also happens to be less days. But I think there's wisdom in having it be an actual date that people are already aware of a big transition in the change from 2025 to 2026. So I'm in support of the amendment. ACTING CHR. ONISHI: Ms. Kimball. MS. KIMBALL: Yes, also in support. In particular because I still have concerns about just general enforcement overall. And in the discussion we had last time, I wasn't aware that we do have an animal abandonment law on the books since 1986. It's a$500 penalty to abandon an animal. And so, that's probably the biggest issue here with all of these feral animals that's abandoned. So why has that not even been enforced is part of what I think we need to diagnose after this passes, should it pass, to make sure that we're successful with the enforcement piece this time around. So I think that not only the education piece is important, but the last thing in the world that I want to see happen is a bunch of calls to our dispatch of people complaining and no response. I think we need to spend some time figuring that out. So I'm very supportive of delaying the start date. Thank you. ACTING CHR. ONISHI: Any other discussion? Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I just wanted to lend my support to this particular amendment. I concur with Council Member Villegas about having a clear start date that folks in the community and the County can anticipate. It provides a deadline on the County side to make sure that we've got all of our ducks in a row, messaging is ready to go out into the public sphere, and we are working towards collaboration with community partners if that's the approach that we're going to be taking. So, in full support. Thank you. ACTING CHR. ONISHI: Okay. Any other discussion? Hearing or seeing none, Mr. Clerk, can we do a roll call? Page 21 Hawaii County Council-19 July 23,2025 Vote on Motion to The motion to amend Bill 51, Draft 2, with the contents of Amend: Comm. 283.5 was carried by the following roll call vote: (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Onishi—7. Noes: None. Absent: Council Members Inaba and Kaneali`i-Kleinfelder—2. Excused: None. ACTING CHR. ONISHI: We're back to the main motion. Ms. Galimba. MS. GALIMBA: I don't think I need to withdraw it. I think we can just pretend that this ACTING CHR. ONISHI: Okay. MS. KIMBALL: (Inaudible.) MS. GALIMBA: Yeah. It's just, with Sunshine Law, I didn't know what anybody else was doing. So I just wanted to make ACTING CHR. ONISHI: Thank you. MS. GALIMBA: Yup. ACTING CHR. ONISHI: Okay, so we're at the main motion. Ms. Villegas. MS. VILLEGAS: It's interesting. The most vocal and voracious kind of coming at me personally. I don't know if you guys have gotten threats about getting voted out of office. I just chuckle because hey, guys, I can't run again! So you might look into that before sending threatening emails about sabotaging my political career. I understand. I'm obviously a very passionate person about certain causes. But I'm trying to be better as I age with understanding when that passion does more harm than good and I'm missing the forest for the trees. We can all love cats. Domesticated cats are beautiful creatures, and they do have incredible health benefits, especially to incarcerated people, for children, for kupuna in general. But once again, an imbalance in a population and an ecosystem causes serious problems, and we are at that place of serious problems. I resent this comment of"community cats." If they're community cats, take them home to your family community, not our County parks. I think it's a lazy excuse to use County property because that's an easy place to go and drop off the jive and roll. Page 22 Hawaii County Council-19 July 23,2025 I mean, this is the challenge I have, and I'm getting hit by some people for saying I'm offensive. But this statement that we received 1,920 emails from people that, mind you, there's no way for us to know if they're even from this island or live here at all. It was that kind of a blanket template. But the statement being made is, "Cats outdoors are our community members and always have been. And they pose no threat to the people, businesses, or environment of our County." And when I get flack for saying that we endure testimony, that's exactly why. Because, enduring misstatements like that for hours and hours and hours on end is where that term "endure" is. It's part of our job; we've got to listen. We can't correct. We just have to listen. But then when we get our turn, we're going to correct it. I'm going to call that out. Scientifically untrue. And this is, once again, why nobody's picked up this issue and people feel afraid of and bullied by some of the cat advocates because then they get attacked. They get accused. They get all these different things, which is why I'm so grateful for this legislation, the amendments, our endurance to navigate this and get us a little closer to where we need to be. Because, there's a chance that the Kona side would be losing it's Keauhou sand volleyball court. And one of the opportunities to provide another space in our public property is that sand volleyball court at Old Airport. But I don't think my constituents or anyone would think it would be wise to consistently pay $25,000 to replace the sand in that court because of the current feral cat colony that lives in our park. So I am grateful for everybody. This has been very clear and very succinct. This does not ban feeding of wild cats. This bans feeding on County property of feral animals and that's it. And there are amendments and opportunities made for responsible, authentic, certified, trained, and selective management sites for a pilot project that may or may not work here. And I do appreciate the aunty who came and just said flat out, euthanizing is actually a very humane way of dealing with a species that has become imbalanced and out of control. Nobody wants to be the person to say that, but today I get to be that person. So I yield. ACTING CHR. ONISHI: Ms. Kagiwada. MS. KAGIWADA: Thank you. Just want to say thank you for all the testifiers and for being civically engaged, and to say that personal attacks on elected officials are going up in this country and it's never okay. So I understand, Council Member Villegas. It's not okay to threaten or personally attack people. You can criticize our decisions and those kinds of things, but the personal attacks are not okay. I wanted to bring up something that I think is still not really addressed in this bill, which is other animals other than cats that are out there, especially ungulates and pigs. I know we have the project going on in Puna to trap and reduce the feral pig Page 23 Hawaii County Council-19 July 23,2025 population. I do believe they use food to attract pigs to those trappings, and I'm wondering if this bill would prohibit that kind of activity. Because, I was hoping to be able to extend that pilot project into the community in Hilo that has been asking for it. So I don't know, Council Member Kierkiewicz, if you've got any information about the bill, the way it's been written and amended, would allow for that project to continue in that way, or do we need to do some slight tweaking to make sure that some of these other projects can continue? That's just a question I'll put out there. I don't know if Council Member is able to answer that, or maybe it has to be the maker when we come back next time. Thank you. ACTING CHR. ONISHI: Ms. Kierkiewicz, would you like to make any comments on the question? MS. KIERKIEWICZ: Sure. I can respond to Council Member Kagiwada. A report is forthcoming from the nonprofit that was coordinating the pilot project, Malama O Puna, in the next couple of months. The extent of the trapping of the feral pigs has really been on private properties in the various subdivisions throughout Puna. I'm not aware of any of the efforts they are coordinating on County property; I can doublecheck. But the extent of their work has been on a neighborhood-by-neighborhood level. Thank you. ACTING CHR. ONISHI: Okay. Any other discussion? Hearing or seeing none—yes. MR. HUSTACE: Thank you, Chair. I still have concerns about the word "return." So that's where I'm kind of stuck at. The other piece, I don't know this program, so I'm looking forward to that presentation to Council to get a better understanding of the program itself. So I'm kind of still hesitant about where the bill has been amended to at this point. So I'm just going to put it at that. Thank you. ACTING CHR. ONISHI: Any other discussion? Go ahead, Ms. Villegas. MS. VILLEGAS: I'm really glad you said that, Council Member Hustace, because the other terms that seem more appropriate than "return"would be "relocate," "rehome." I just think that the return becomes it's just a cycle and it's unfortunate, and we're just perpetuating the issue. So thank you for pointing that out. That is the one for me, too, that's like wait a minute, maybe our pilot is even more adapted and improved upon by removing the return element. Thank you, I yield. ACTING CHR. ONISHI: Okay. Ms. Kimball. Page 24 Hawaii County Council-19 July 23,2025 MS. KIMBALL: I'll be brief. And I certainly understand the concern. And in a perfect world where we had enough places to place cats, this wouldn't be part of the story. The idea, ultimately, is to get to no cats. The question is, given the number that we have, and we don't know what that number is, could we effectively rehome all of them? Or through the pilot project, the intention is you spay and neuter as many as you can, about 90 percent, and then eventually the colony dies off by natural attrition. Just to respond to a certain extent to Council Member Onishi's comments, this is one of many arrows in the quiver. Part of it is a sanctuary. Part of it is this pilot program, which hopefully will work but may not. Part of it is rehoming. Part of it is flying a bunch of cats to the Mainland. I mean, this has got to be a multipronged approach. If in the event that the TNRM program doesn't work in the way that we intend it to, then I think that becomes part of the discussion. But what I want to make super crystal clear is that even the pilot program that we're intending, the ultimate end goal is no cats. Thanks. ACTING CHR. ONISHI: Any other discussion before we take the vote, or I'm going to make a comment? Ms. Galimba? No? Okay, looked like you wanted MS. GALIMBA: I guess I was just nodding because, yes, I think the goal is no cats on County parks. Because, they're just not appropriate there because we need everyone to feel comfortable in a County park. This is just one tool that we would use. I think going forward, I'm sure you will be bringing up some other tools, Mr. Onishi, because I think you're very interested in the sanctuary park element. So, I look forward to that in the future, how that's going to work. Thanks. ACTING CHR. ONISHI: Okay. Any other—well, I'll give my last comments and then we'll take the vote. I would rather have the other two take the lead on that part, the cat sanctuary, since they're involved with these groups already. To me, we shouldn't be starting a new wheel. I mean, there must be programs out there that are already successful. One example is Lanai. When the cats go there, they get treated really great, like with all the medical services that they can provide. They have the vets (veterinarians) that come in. They have vet techs (technicians) and so forth. And they're really taken cared of. With the feral ones that they come in, they have a certain pen that they bring them in there and, yeah, the cats are not very friendly. But as the days go on, weeks go on, months go on, the cats start getting used to because, one, they say there's enough food. So they don't fight that out. They're spayed and neutered so that they don't have to worry about that. And the environment where they are is awesome. We went to one where the pen has 250-plus cats. You don't even see them, and the smell is not there. Page 25 Hawaii County Council-19 July 23,2025 So that's something that, like these proposed amendments and so forth, that I don't see that in there, which I think should be in because that's one of the goals where we can get the cats out of the parks,put them in a safe place and where it's going to be taken cared of. That would be awesome. I cannot handle, too, when our youth, our adults cannot use a facility because of, like, it's dangerous because of what's in, for example, the sand volleyball court. I mean, we want our children, we want the adults that have family quality time to use these facilities, because that's what we're here for, the County to go find recreational activities for them. But because of what's the situation and the overwhelming of what's happening, now they're restricted. So now, their lives becomes less, right? They now get, like, in a different mode. So that's what, too, we've got to start looking at. Like I said, we have a homeless problem, and we've got to try and do something about that. But I'll—okay. So, Mr. Clerk, roll call on the main motion with the amendments. Vote on Bill 51: The motion to pass Bill 51, Draft 2, as amended to Draft 3, Draft 3 on first reading and adopt Policy Committee on Health, (Approved) Safety, and Well-being Committee Report No. 3 was carried by the following roll call vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, and Villegas—6. Noes: Acting Council Chair Onishi— 1. Absent: Council Members Inaba and Kaneali`i-Kleinfelder—2. Excused: None. Return to Order The Acting Chair directed the Council to return to the order of business. of Business: ORDER OF The Acting Chair directed the Council to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. Res. 227-25: ADOPTS THE COUNTY OF HAWAI`I 2025 MULTI-HAZARD MITIGATION PLAN Reference: Comm. 361 Intr. by: Council Member Onishi (B/R) Approve: PCHSW-2 Motion to Approve: Ms. Galimba moved to adopt Res. 227-25 and Policy Committee on Health, Safety, and Well-being Committee Report No. 2. Seconded by Mr. Hustace. Page 26 Hawaii County Council-19 July 23,2025 ACTING CHR. ONISHI: Ms. Kierkiewicz, is Mr. Magno still there? MS. KIERKIEWICZ: We have Bliss from Civil Defense, and Administrator Magno is patiently waiting outside. So, yes, we would love to take up his resolution. Thank you. ACTING CHR. ONISHI: Okay, thanks. As we're waiting for them, any discussion, members, in Kona? MR. HUSTACE: Chair? ACTING CHR. ONISHI: Yes, sir. Hold on. MS. KIERKIEWICZ: Thank you for your patience, Vice Chair. We're just getting our members of the community out of chambers, and Administrator Magno is making his way to the front. Thank you. ACTING CHR. ONISHI: No problem. (Note: At this time, Civil Defense Administrator Talmadge Magno came forward to address the members of the Council.) ACTING CHR. ONISHL Mr. Hustace. MR. HUSTACE: Thank you, Chair. Well, Administrator, thanks for joining us today. We appreciate the conversation we had in Committee about the multi- hazard mitigation plan. And grateful for the work you and your staff did, in partnership with the consultants, to bring this to community, to engage with the partners regarding all the hazards we face on a small island in the middle of the Pacific here. So thank you for your leadership on this. This is a question for you: What is the next step here following assumed approval of the resolution and the forward progress here? MR. MAGNO: Good afternoon, Council. Talmadge Magno with Civil Defense. So the next step would be final adoption by FEMA (Federal Emergency Management Agency), HI-EMA (Hawai`i Emergency Management Agency), and the Council, would be to utilize the planned and the prioritized projects that are listed to see—to start working at those. MR. HUSTACE: Thank you, Administrator. I had one question for Mr. Perry. At the last time, it was regarding a potential something to look at in regards to tax credits and tax incentives for residents, businesses, and whatnot to make those sort of changes to their homes, facilities for hardening of structures. And one of those pieces we talked about was a potential of adding wildfires, if people wanted to harden their homes in regards to wildfires. That was a specific question. But it Page 27 Hawaii County Council-19 July 23,2025 also could be interpreted on a broader sense of other amendments that could be made to the Multi-Hazard Mitigation Plan, and how are those either taken into consideration or incorporated as time goes by and circumstances change. MR. MAGNO: Right. I kind of recall looking at that project. But related to wildfire, I'm not sure if it specifically addressed that. I guess the option is, at this point, if not specifically added in there, maybe to at this point specifically add it in there. Or we can look at the State's plan, which I guess is being adopted and will be announced next week, to see how they address wildland fire to see. Because whatever they have on that, we can use for projects as well. MR. HUSTACE: I appreciate that, Administrator. Yeah,just that conversation, specifically wildfire, how it is ranked as one of our high points in our hazard risk ranking that to have—and this is something that could be taken up in the future by this body, but it's the feasibility for incentives. Because, it only really speaks that HC18 (Action HC18), to earthquakes and cyclones. But there is other potential, and I think that could be expanded as a consideration. So I'm grateful for your thoughts on that, and incorporate that into the plan itself if possible. MR. MAGNO: I understand. We could possibly look at any of the other actions as well, like even HC 19 (Action HC 19)talks about vulnerable property protection. It doesn't specify what disasters, so maybe under 19 it might be applicable to fire. MR. HUSTACE: Thank you, Administrator. Just trying to marry and match that ranking list with some of these action list items and how we can best connect some of those dots. So, appreciate your thoughts on that and your leadership, as I mentioned. And thank you for bringing this forward. Mahalo. Thank you, Chair. ACTING CHR. ONISHI: Okay, any other discussion? Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you so much. ACTING CHR. ONISHI: Sure. MS. KIERKIEWICZ: Aloha, Administrator Magno. It was nice to see you both. I appreciated the inclusion of the 2020 goals, and then the revisions for 2025 and what's been eliminated because goal has been achieved, or it's morphed based on circumstances. I'm wondering if there is something similar for actions that were articulated last time around. Maybe if you can point that out to me in this packet, what actions have been achieved and what sort of challenges the agency may be facing when it comes to implementation of the actions. Is it because we don't have personnel? Is there too much on our plate? Do we not get proper resourcing from the Federal Government? Just trying to understand how it is for you folks to implement the hazard mitigation plan. Page 28 Hawaii County Council-19 July 23,2025 MR. MAGNO: Well, as far as not achieving the actions and—we look at them based upon and during the rating process, if they're rated high, we put all efforts into accomplishing them. And I think during the discussion period or process, they're kind of rated to the point where "Okay, that's achievable." It's high priority. It's something that we need to take care of, and we generally know if there's going to be funding available. And it should be noted on here as well. And generally that is the missing piece, the funding. So getting the project on the list makes it possible that future mitigation money can be put towards that project. And so, I guess the first step is to get it on the list, and then looking for the funding source. That's usually the shortcoming. MS. KIERKIEWICZ: (Inaudible). That makes it eligible to receive Federal funding, potentially? MR. MAGNO: Yes. MS. KIERKIEWICZ: Okay. Have we been impacted at all under the Trump Administration with clawback of funding? Congress just voted on the rescission package. And I wondered if your agency was impacted by any of that, or if grants you were awarded you now got follow-up letters saying, "Actually, you don't get this award." I'm just curious to know what sort of funding is still available or has been taken away in relation to the hazard mitigation plan or your operations. MR. MAGNO: Right now, and Bliss can correct me if I'm wrong, but under Multi-Hazard Mitigation Plans, the monies are there. MS. KIERKIEWICZ: How much money are we talking about? One million? Hundred million? How much money do you have available to implement the plan? MR. MAGNO: Let's see. So what's some of the projects MS. KIERKIEWICZ: Could be ballpark. Yeah. MR. MAGNO: Yeah. I'm not sure what the bottom-line on the microwave upgrade was. I know the public safety building flood mitigation, that's moving along. So those projects, I don't have any numbers for you but— MS. KIERKIEWICZ: No worries, Administrator. Maybe follow up with a memo that we can get filed with the Council,just so we can have an understanding of monies that were available,projects that were implemented, and what we're looking forward to for this next five years, yeah? Five years to implement this plan? MR. MAGNO: Yes. Page 29 Hawaii County Council-19 July 23,2025 MS. KIERKIEWICZ: Okay,yeah. MR. MAGNO: Yeah, we can do that. MS. KIERKIEWICZ: Okay, wonderful. We'll just file it as a memo to the Council, but it will be part of the public record attached to this resolution. Yeah, I think it's good to get that information out there. MR. MAGNO: Yeah. MS. KIERKIEWICZ: Wonderful. Is there anything that you want the public to know about this plan and your focus for the next five years? MR. MAGNO: Well, this plan really reflects, and overall I guess, a view from both the community and the government and the Council. And so again, I felt that we could do better because we outreached quite a bit, to the point where we're in the community—we had surveys done and so forth—but just not generating a lot of interest. And so, I don't feel it'sit has a lot of influence from us from what we know and so forth. But when we ask the community what are their needs, what are their thoughts as far as hazard mitigation, we want to make sure that we're not missing anything. So this was an opportunity. Five years down the line, there will be another opportunity. MS. KIERKIEWICZ: I'm so grateful for you acknowledging just the need for more community input going forward. I hope that this is not the only touchpoint that we have with community regarding hazards and risks. I hope that conversation is always something that we are having with community. MR. MAGNO: It's part of our requirement that we engage with community to learn from them, for them to understand what we're trying to achieve so that that resilient community is the place where we want to be. MS. KIERKIEWICZ: Great. Thank you both for being here. I look forward to the follow-up memo and the information. Appreciate it. Chair, I yield. ACTING CHR. ONISHI: Thank you. Any other discussion? Okay, hearing or seeing none, all those in favor of approving Resolution 227-25, say "aye." Page 30 Hawaii County Council-19 July 23,2025 Vote on Res. 227-25: The motion to adopt Res. 227-25 and Policy Committee on (Adopted) Health, Safety, and Well-being Committee Report No. 2 was carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Onishi—7. Noes: None. Absent: Council Members Inaba and Kaneali`i-Kleinfelder—2. Excused: None. Res. 232-25: ACCEPTS THE DONATION OF A ONE-YEAR SUBSCRIPTION FOR MAGNET GRAYKEY FORENSIC ACCESS TOOL FROM OUR RESCUE The donation to the Hawaii Police Department, with an estimated value of $24,102.50, would be used to advance law enforcement efforts in combatting human trafficking and child exploitation. Reference: Comm. 370 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Approve: FC-71 Vote on Res. 232-25: Ms. Galimba moved to adopt Res. 232-25 and Finance (Adopted) Committee Report No. 71. Seconded by Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Onishi—7. Noes: None. Absent: Council Members Inaba and Kaneali`i-Kleinfelder—2. Excused: None. Res. 233-25: AUTHORIZES THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE UNIVERSITY OF HAWAI`I AT HILO TO SUPPORT THEIR CONTINUED COOPERATION WITH THE HAWAI`I POLICE DEPARTMENT FOR THE FURTHER PROFESSIONAL DEVELOPMENT OF COUNTY OF HAWAI`I POLICE DEPARTMENT OFFICERS Authorizes the University of Hawai`i and the Hawai`i Police Department to enter into an updated Memorandum of Understanding for police officers to enroll in the Bachelor of Arts in Administration of Justice Program. Reference: Comm. 371 Intr. by: Council Member Kagiwada(B/R) Approve: GOEAC-52 Page 31 Hawaii County Council-19 July 23,2025 Motion to Approve: Ms. Kagiwada moved to adopt Res. 233-25 and Governmental Operations and External Affairs Committee Report No. 52. Seconded by Mr. Hustace. ACTING CHR. ONISHI: Ms. Kagiwada. MS. KAGIWADA: Thank you. We had a good conversation about this. It provides opportunities for members of our Police Department to advance their formal education, and I think we all agreed that was a good idea. So thank you. I yield. ACTING CHR. ONISHI: Any other discussion? MS. KIERKIEWICZ: Chair, I just want to note that we have police officers patiently waiting here all morning, here in Hilo chambers. So if there are further questions by the body, we have members from the Police Department ready to answer. They're shaking their heads. Thank you for being here in full support of the program. I yield. ACTING CHR. ONISHI: Okay, thank you, Ms. Kierkiewicz. Okay, all those in favor of approving Resolution 233-25, say "aye." Vote on Res. 233-25: The motion to adopt Res. 233-25 and Governmental (Adopted) Operations and External Affairs Committee Report No. 52 was carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Onishi — 7. Noes: None. Absent: Council Members Inaba and Kaneali`i-Kleinfelder—2. Excused: None. Res. 236-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT FOR THE DEPARTMENT OF PARKS AND RECREATION TO PURCHASE A 3D PRINTER FOR SIGNAGE Transfers $3,050 from the Clerk-Council Services—Contingency Relief account (Council District 3); and credits to the Department of Parks and Recreation, Parks Maintenance Equipment account. Reference: Comm. 380 Intr. by: Council Member Onishi Motion to Approve: Mr. Hustace moved to adopt Res. 236-25. Seconded by Ms. Galimba. Page 32 Hawaii County Council-19 July 23,2025 ACTING CHR. ONISHI: I'm asking for your guys' support. Remember at one of the last meetings, I mentioned to you guys about this machine, the 3D machine, that going be doing their signage. So it's going to help island wide with Parks, for all their facilities and their parks and so forth. So I'm asking for support. Thank you. Any other discussion? Okay, hearing or seeing none, all those in favor say cc n aye. Vote on Res. 236-25: The motion to adopt Res. 236-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Onishi—7. Noes: None. Absent: Council Members Inaba and Kaneali`i-Kleinfelder—2. Excused: None. Res. 237-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO LYDIA8 TO ASSIST WITH EXPENSES FOR THE KONA TOWN NIGHT MARKET 2025: BACK TO SCHOOL EDITION Transfers $6,000 from the Clerk-Council Services—Contingency Relief account (Council District 8); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 381 Intr. by: Council Member Inaba Motion to Approve: Ms. Villegas moved to adopt Res. 237-25. Seconded by Ms. Galimba. ACTING CHR. ONISHI: Ms. Villegas. MS. VILLEGAS: I just am grateful for Council Member Inaba's support of this upcoming event. And I, myself, have funds in process to also support it. I want to invite community down to support our keiki as they start their next school year. I yield. ACTING CHR. ONISHI: Okay, any other discussion? Hearing or seeing none, all those in favor say "aye." Page 33 Hawaii County Council-19 July 23,2025 Vote on Res. 237-25: The motion to adopt Res. 237-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Onishi—7. Noes: None. Absent: Council Members Inaba and Kaneali`i-Kleinfelder—2. Excused: None. Res. 238-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE HILO DOWNTOWN IMPROVEMENT FOUNDATION FOR ITS 4TH OF JULY BLOCK PARTY Transfers $1,100 from the Clerk-Council Services—Contingency Relief account (Council District 3); and credits to the Department of Liquor Control, Public Programs account. Reference: Comm. 382 Intr. by: Council Member Onishi Motion to Approve: Ms. Kagiwada moved to adopt Res. 238-25. Seconded by Mr. Hustace. ACTING CHR. ONISHI: This is just some, I guess, funding that was given for the 4t' of July. And so, I just ask for your support. Any other discussion? Hearing or seeing none, all those in favor say "aye." Vote on Res. 238-25: The motion to adopt Res. 238-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, and Acting Chair Onishi—6. Noes: None. Absent: Council Members Inaba, Kaneali`i-Kleinfelder, and Villegas—3. Excused: None. Page 34 Hawaii County Council-19 July 23,2025 Res. 239-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO THE LIONS CLUB OF KONA COMMUNITY FOUNDATION, INC., TO ASSIST WITH EXPENSES FOR THE 39TH ANNUAL HAWAI`I KUPUNA HULA FESTIVAL Transfers $2,200 from the Clerk-Council Services—Contingency Relief account (Council District 9); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 383 Intr. by: Council Member Hustace Motion to Approve: Mr. Hustace moved to adopt Res. 239-25. Seconded by Ms. Kagiwada. ACTING CHR. ONISHI: Mr. Hustace. MR. HUSTACE: Thank you for your support and considering your support for us supporting the Lions Club of Kona and their annual kupuna hula festival. These funds will go specifically towards lighting equipment expenses for the event. So thank you for your consideration. ACTING CHR. ONISHI: Any other discussion? Hearing or seeing none, all those in favor of approving Resolution 239-25, say "aye." Vote on Res. 239-25: The motion to adopt Res. 239-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, and Acting Chair Onishi—6. Noes: None. Absent: Council Members Inaba, Kaneali`i-Kleinfelder, and Villegas—3. Excused: None. Res. 243-25: AUTHORIZES THE PAYMENT OF FUNDS OF LATER FISCAL YEARS FOR AN EXTENSION OF A MULTI-YEAR LEASE AGREEMENT FOR REAL PROPERTY TO BE USED BY THE HAWAI`I POLICE DEPARTMENT Authorizes the Mayor to enter into a five-year lease agreement, with an option to extend for an additional five years, with Geo Investment Company, Inc., with an estimated monthly cost of$8,520 for the first year, with a 7 percent increase per year for years two through five, for commercial warehouse space located at Kea`au. Reference: Comm. 387 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Waived: FC Page 35 Hawaii County Council-19 July 23,2025 (Note: Comm. 387.1, from Finance Director Diane Nakagawa dated July 18, 2025, transmitting proposed amendments to Res. 243-25, was circulated.) Motion to Approve: Ms. Galimba moved to adopt Res. 243-25. Seconded by Mr. Hustace. Motion to Amend: Mr. Hustace moved to amend Res. 243-25 with the contents of Comm. 387.1. Seconded by Ms. Galimba. ACTING CHR. ONISHI: Any discussion on the amendment? MR. HUSTACE: Just a question. If we could have Director Nakagawa just to speak to this and the changes in the amendment here. MS. KIERKIEWICZ: We have Deputy Kekai approaching. We also have a member from Hawaii Police Department here to answer any questions folks might have about the warehouse itself. Thank you. Oh, and Finance Director also walked in. ACTING CHR. ONISHI: Go ahead, Mr. Hustace. MR. HUSTACE: Thank you, Chair. Just looking for some insight into the amendment here, and some of the changes about the option to extend. (Note: At this time, Deputy Finance Director Malia Kekai came forward to address the members of the Council.) MS. KEKAI: Thank you. Malia Kekai, Deputy Finance Director. We submitted that because after discussions with the owner, they decided that they didn't want to offer the option. So once they pulled that back, we had to amend the reso (resolution). MR. HUSTACE: Thank you. Appreciate that answer; succinct and clear. Thank you so much. MS. KEKAI: Yup. ACTING CHR. ONISHI: Any other discussion? Hearing or seeing none, all those in favor of approving Resolution 243-25, say "aye." MR. HENRICKS: Pardon me, Vice Chair. The motion on the floor is to amend. ACTING CHR. ONISHI: Oh, I'm sorry. For the amendment. MR. HENRICKS: Amendment, correct. Page 36 Hawaii County Council-19 July 23,2025 ACTING CHR. ONISHI: All those in favor of amending Resolution 243-25 with the contents of(Communication) 387.1, say "aye." Vote on Motion to The motion to amend Res. 243-25 with the contents of Amend: Comm. 387.1 was carried by the following voice vote: (Approved) Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, and Acting Chair Onishi—6. Noes: None. Absent: Council Members Inaba, Kaneali`i-Kleinfelder, and Villegas—3. Excused: None. Vote on Motion to Ms. Kagiwada moved to suspend Council Rule 23 to waive Suspend Council the holdover for the substantive amendment of Rules: Res. 243-25. Seconded by Mr. Hustace and carried by the (Approved) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, and Acting Chair Onishi—6. Noes: None. Absent: Council Members Inaba, Kaneali`i-Kleinfelder, and Villegas—3. Excused: None. ACTING CHR. ONISHI: Go ahead, Ms. Kierkiewicz. MS. KIERKIEWICZ: Chair, thank you so much. ACTING CHR. ONISHI: You're welcome. MS. KIERKIEWICZ: Just want to confirm that the warehouse is being used to store evidence that is acquired by the Police Department. And is it at full capacity? Where are we? (Note: At this time, Police Lieutenant Bobbie-Jo Sagon came forward to address the members of the Council.) MS. KIERKIEWICZ: Please introduce yourself for the record. MS. SAGON: I'm Lieutenant BJ Sagon with the records identification section, and in charge of the evidence warehouses. So, yes, that warehouse is an area where we manage and contain evidence. Forfeiture vehicles are the vehicles from criminal investigations. We also have shelving in there that contains various Page 37 Hawaii County Council-19 July 23,2025 evidence from all kinds of incidents and stuff. So, as far as evidence, it's easy to bring it in; it's difficult to take it out. So that's why the continuation of having a warehouse where we can utilize would be the best option. MS. KIERKIEWICZ: Lieutenant, thank you for being here. So, how far back does the evidence go? MS. SAGON: As far back as—do you mean years? MS. KIERKIEWICZ: Yes. Like how long are you holding onto it until that is something that you can destroy because a case is solved, or you can return it back, like a vehicle, return it back to its rightful owner? MS. SAGON: Yeah, that's the goal. The goal is always to try to get it back to the owner as soon as possible. However, due to statutes, based on the type of crime, for example, murder, sex assault, we do not release the evidence. So it varies. Statute of limitations has a lot to do with it, but I am currently in the process of trying to revamp someI'm fairly new. I've been in there for seven months now, in this section. So I'm trying to relook at the warehouses and revamp the processes that we had to try to make that a more efficient way of getting stuff in and out. MS. KIERKIEWICZ: You mentioned evidence for sex assault cases and murders. Is this a temperature-controlled warehouse? Does the environment at all play any factor into compromising the integrity of the evidence? MS. SAGON: Yeah. We do have freezers that are not at that warehouse. This specific warehouse is for vehicles and just property, basically. But we do have freezers. We do have temperature, humidity, environmental room that we store priority stuff in. MS. KIERKIEWICZ: Great. And then, are you at full capacity with this warehouse, or is there room to deliver and hold more evidence? MS. SAGON: So this warehouse that we're talking about right now, I believe it was last week where we went in and basically did a dump of a bunch of stuff. And they're trying to acquire more space, basically. MS. KIERKIEWICZ: Additional warehouse space. MS. SAGON: Yeah. Just trying to clean it up so we can get more space. Because like I said, evidence comes in and a lot don't go out. For example, today I found a firearm that was from 1975. So trying to clean that up and get things going is where we need to be. Page 38 Hawaii County Council-19 July 23,2025 MS. KIERKIEWICZ: Thank you so much for your leadership. Welcome on board. Congratulations. Deputy Kekai, you mentioned earlier that there isn't going to be an option to renew. Are we already thinking about contingency plans in the event that we need to relocate all of this evidence that's currently being stored? MS. SAGON: Finance recognizes that it's not just police, but there's a lot of storage needs throughout the County. So we definitely have multiple kinds of plans to either build our own kind of County warehouse space and/or to continue to, if we need to move or not, whether if it's just—it may just be a thing where they want to sell it and then we just negotiate with the new owner. So whatever it may be, we will always be in contact with HPD (Hawai`i Police Department) and find out what the needs are, and make sure that we try and stay ahead of it. MS. KIERKIEWICZ: And there will likely be a checkpoint before the lease expires in 2030 to just evaluate the options, right? MS. SAGON: Yes. So we check in with HPD and be like, "Do you guys still need this space, or do we need to find new space,"that kind of stuff as well, yes. MS. KIERKIEWICZ: Great. Thank you so much. Thank you, Lieutenant, for being here. Chair, I yield. ACTING CHR. ONISHI: Thank you. Mr. Hustace. MR. HUSTACE: Thanks, Chair. I just had one question,just to stem off of Council Member Kierkiewicz for Ms. Kekai and our Lieutenant there. Not sure about the volume of material there, so I'm also curious if we reach that point as we approach 2030, the time it would take to relocate as well. So I know you have those contingency plans of thinking of a new facility come that eventuality, but also curious of what it would take to relocate a lot of these items, time commitment, to make sure that's kind of baked into that process in making that consideration. MS. KEKAI: Thank you. Yes, Council Member Hustace, we definitely—that's why I kind of mentioned we already kind of understand that we are continually, throughout the County, growing out of our storage space. So we are constantly kind of looking at what the different options are. So, yes, we wouldn't wait till the last six months. We would definitely be preplanning on whether—if we needed to move a large amount of items. MR. HUSTACE: Thank you, Deputy. Thank you, Chair. ACTING CHR. ONISHI: Okay. Any other discussion? Hearing or seeing none, all those in favor of approving Resolution 243-25, say "aye." Page 39 Hawaii County Council-19 July 23,2025 Vote on Res. 243-25: The motion to adopt Res. 243-25, as amended to Draft 2, Draft 2 was carried by the following voice vote: (Adopted) Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, and Acting Chair Onishi—6. Noes: None. Absent: Council Members Inaba, Kaneali`i-Kleinfelder, and Villegas—3. Excused: None. Res. 245-25: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED FUND ACCOUNT TO PROVIDE A GRANT TO USA VOLLEYBALL INC. FOR ITS 2025 HAWAI`I ISLAND LABOR DAY CLASSIC VOLLEYBALL TOURNAMENT Transfers $3,000 from the Clerk-Council Services—Contingency Relief account (Council District 2); and credits to the Department of Parks and Recreation, Administration Other Current Expenses account. Reference: Comm. 395 Intr. by: Council Member Kagiwada Motion to Approve: Ms. Kagiwada moved to adopt Res. 245-25. Seconded by Mr. Hustace. ACTING CHR. ONISHI: Go ahead, Ms. Kagiwada. MS. KAGIWADA: Thank you. Just happy to support this premier high school girls volleyball tournament in Hawaii and on our island. The money will be used for gym facility rentals, and they have a theme of"where competition meets aloha." They attract a lot of teams both from around the State, but also from on the continent as well. So, a really fantastic organization and event, and happy to support. Looking for everybody else's support. Thank you. ACTING CHR. ONISHI: Great. Any other discussion? I just wanted to make a comment. Yes, this is great. It brings in a lot of teams from the Mainland, which is awesome. It helps out with our economy, with our hotels, our rental cars and so forth. So this is great for the Big Island. So all those in favor of approving Resolution 245-25, say "aye." Page 40 Hawaii County Council-19 July 23,2025 Vote on Res. 245-25: The motion to adopt Res. 245-25 was carried by the (Adopted) following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, and Acting Chair Onishi—6. Noes: None. Absent: Council Members Inaba, Kaneali`i-Kleinfelder, and Villegas—3. Excused: None. BILLS FOR The Acting Chair directed the Council to proceed to the next order of business, ORDINANCES Bills for Ordinances (First Reading). (FIRST READING): (Note: Items in this category were taken up previously, out of order.) STATEMENTS The Acting Chair directed the Council to proceed to the next order of business, FROM THE Statements from the Public. PUBLIC ON BILL 64 The following individual registered to speak and came forward when called by (COMM. 334): the Acting Chair: Eileen O'Hara: Comments. (see Comm. 334.13) Bill 64: INITIATES AN AMENDMENT TO ARTICLE VI, CHAPTER 2, SECTION 6-2.2, OF THE CHARTER OF THE COUNTY OF HAWAI`I (2024 EDITION), RELATING TO THE DIRECTOR OF PUBLIC WORKS Replaces the requirement that the Director of Public Works must be a registered professional engineer with the requirement that the Director have a bachelor's degree in engineering, architecture, public administration or a related discipline, or a degree in law. Adds the requirement that at least two of the five years of required administrative or managerial experience must be in public works or construction, or a related field. Reference: Comm. 334 Intr. by: Council Member Inaba Negative: GOEAC-53 (Due to a vote of 3-ayes, 5-noes, 1-absent) 2/3 Vote: First of three required readings, Section 15-1(a), Hawaii County Charter Motion to Approve: Ms. Galimba moved to pass Bill 64 on first reading. Seconded by Mr. Hustace. ACTING CHR. ONISHI: The maker had asked me to have a member postpone this until August 6. So is there anyone who can step up and do that? Page 41 Hawaii County Council-19 July 23,2025 Motion to Postpone: Ms. Villegas moved to postpone Bill 64 to August 6, 2025. Seconded by Mr. Hustace. ACTING CHR. ONISHI: On the motion to postpone, Ms. Kimball. MS. KIMBALL: This came to us with an unfavorable recommendation. It needs a two-thirds (vote)to pass. Thanks to Council Members Kierkiewicz and Hustace yesterday for introducing an alternative approach. I continue to not be able to support this as written, and so would prefer to just clean the slate and focus attention on Bill 68 because I think, personally, that's a better vehicle in terms of what we're trying to accomplish, in my opinion. So I'd rather just proceed today. ACTING CHR. ONISHI: Any other discussion on the postponement? Ms. Galimba. MS. GALIMBA: I agree. I think if we had had a positive recommendation, it'd be another thing. I would definitely go with the postponement. But it might be just more efficient to just rip the Band-Aid off on this. Thanks. ACTING CHR. ONISHI: Any others? Hilo? Ms. Kierkiewicz. MS. KIERKIEWICZ: Chair, I'm in support of the postponement. I do feel that the maker should be present to engage in dialogue with members. I'm still in support of this particular change to the Charter regarding the Public Works Director's minimum job requirement. So I still am in support of Bill 64, in addition to what has been put forward by Council Member Hustace and myself. Thank you. ACTING CHR. ONISHI: Okay. Any other discussion? Ms. Villegas. MS. VILLEGAS: Thank you, Council Member Kierkiewicz. And I think it speaks volumes when the presenter of another piece of legislation that could—and I see the viewpoint of it being the other direction to take for solving some of the challenges we're facing. However, I firmly believe that both bills can be a two- pronged approach to rectifying some of the challenges we're facing. So I will be in support of postponing this. And I also see there's wisdom and respect in honoring a time when an introducer of a piece of legislation, regardless of positive or negative recommendation moving forward, especially when that Council Member was continuing to work on and with members of the Administration and getting further guidance on potential amendments for working that forward. So I am going to honor the request of Council Member Inaba and vote in support of the postponement today. ACTING CHR. ONISHI: Thank you. Any other discussion? If not, Mr. Clerk, can we do a roll call on the postponement? Page 42 Hawaii County Council-19 July 23,2025 Vote on Motion to The motion to postpone Bill 64 to August 6, 2025, failed by Postpone: the following roll call vote: Failed Ayes: Council Members Hustace, Kierkiewicz, and Villegas—3. Noes: Council Members Galimba, Kagiwada, Kimball, and Acting Chair Onishi—4. Absent: Council Members Inaba and Kaneali`i-Kleinfelder—2. Excused: None. ACTING CHR. ONISHI: Okay, to the main motion, Bill 64. Any discussion? Ms. Kimball. MS. KIMBALL: Yeah, I'll just reiterate that I continue to support the need for engineering background in this particular role. I think that we could look at whether or not it needs to be registered, licensed, whatever the terminology is that you want to use. But it was mentionedI had mentioned yesterday that having looked at Kauai and Maui, which the claim was made that, look, they don't have it in their Charter, the fact is they actually have other areas besides the Charter that indicates that requirement, or at least some level of oversight by somebody with a professional engineering degree. It is more than just the qualifications. It's the obligations that someone takes under once they achieve licensure. And so, I'm excited to look at other options, as I mentioned before, with respect to what the other Council Members have put forth for us to discuss in Bill 68. But I continue to not be able to support this legislation as written. ACTING CHR. ONISHI: Okay, any other discussion? Hearing or seeing none, Mr. Clerk, let's do a roll call. Vote on Bill 64: The motion to pass Bill 64 on first reading failed by the Failed following roll call vote: Ayes: Council Members Kierkiewicz and Villegas—2. Noes: Council Members Galimba, Hustace, Kagiwada, Kimball, and Acting Chair Onishi—5. Absent: Council Members Inaba and Kaneali`i-Kleinfelder—2. Excused: None. Page 43 Hawaii County Council-19 July 23,2025 Bill 69: PROVIDES FOR THE COST OF PUBLIC WATER SYSTEM IMPROVEMENTS IN"IMPROVEMENT DISTRICT NO. 21 —IKI PLACE WATER SYSTEM IMPROVEMENTS,"FIXES THE PORTION OF THE COST TO BE ASSESSED AGAINST BENEFITED ASSESSMENT UNITS,ADOPTS A FINAL ASSESSMENT ROLL, IMPOSES AN ASSESSMENT LIEN AGAINST EACH ASSESSMENT UNIT ASSESSED ACCORDING TO THE ASSESSMENT, PROVIDES FOR PAYMENT OF ASSESSMENTS IN INSTALLMENTS, AND AUTHORIZES FURTHER ACTIONS BY THE DIRECTOR OF FINANCE Creates a special fund to be known as "Improvement District No. 21 —Iki Place Water System Improvements Fund,"into which the funds for the Net Project Cost and all money collected by the Director of Finance for assessments levied by this ordinance shall be placed (the total estimated cost of the Net Project Cost in the Improvement District is $275,000). Reference: Comm. 388 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Waived: FC Motion to Approve: Ms. Galimba moved to pass Bill 69 on first reading. Seconded by Ms. Kimball. ACTING CHR. ONISHI: Discussion? Ms. Kierkiewicz. MS. KIERKIEWICZ: Thank you. Finance Director, if you could come forward, please? (Note: At this time, Finance Director Diane Nakagawa came forward to address the members of the Council.) MS. KIERKIEWICZ: This bill was waived to Council. Is there a reason why there was such a sense of urgency to bring an item such as an improvement district bypassing Committee discussion straight to Council? Is there a time constraint that we are under for this particular project? MS. NAKAGAWA: Good afternoon, Council Members. Diane Nakagawa, Finance Department. Thank you, Council Member Kierkiewicz, for the question and appreciate the opportunity to be here today and waive Committee. There is a time sensitivity on the item. We do have the Department of Water Supply here today. The time sensitivity has to do with the bid that they recently went through for the construction of this improvement district. I'm happy to answer any questions. It is time sensitive due to the bid solicitation. But we can answer any questions about the project and also the process in which we are—where we're at today. MS. KIERKIEWICZ: Okay, if you could elaborate on the (inaudible). Thank you. Page 44 Hawaii County Council-19 July 23,2025 MS. NAKAGAWA: Sure. So this project, this started actually several years ago in 2016. The community Iki Place expressed their support for Council to proceed with the initiation of a water improvement district via resolution. So this did come before Council in 2016. We came back again for a resolution for proposing the establishment of the district in 2023. As part of that, there was a chief engineer's report that was reviewed, as well as a preliminary engineering report. That was part of that resolution as well. In 2024, we came back for a resolution to determine to proceed with the creation of the district, which was established as Iki Place ID 21 (Improvement District 21). And so we're here today, finally, with the assessments that will be proposed. And also, DWS (Department of Water Supply) can talk about the status of the solicitation and where we're at today and what's the next step in moving forward. (Note: At this time, Civil Engineer Ryan Quitoriano, Water Supply Department, came forward to address the members of the Council.) MR. QUITORIANO: Ryan Quitoriano for Department of Water Supply, the Engineering Division. So, yeah, we went out for solicitation for bids, and we opened bids in April. And so, our Water Board has recommended the lowest bidder for the project. And so, we're just waiting on this next step to secure the funding, then we can award the project. MS. KIERKIEWICZ: So with an improvement district, every property owner, I believe it's like 66 percent, must agree to paying an assessment fee in order to access capital and move forward on an infrastructure project. Is that correct? MR. QUITORIANO: Yeah. MS. KIERKIEWICZ: Okay, so this is financed by members listed in Exhibit A. They will pay these amounts to the County, and then the County will then—the Department of Water Supply will move forward with getting a contractor to install the water system. MR. QUITORIANO: Yeah. So, with this assessment and the bond that's actually being issued by the County, that kind of secures the funding with USDA (United States Department of Agriculture). USDA will reimburse for any project cost, and then repayment will be through the residents' property tax special assessment. MS. NAKAGAWA: Council Member, I would like to add that the public hearing that was held was August 15t' of 2023. We did go ahead and actually send all the property owners another reminder letter just back in June of 2025, since it has been a while, with all the information on the status of the improvement district, and if they have any questions of who to contact. We have not received any questions since sending that out as well in June. And there is no protest to the original public hearing. Page 45 Hawaii County Council-19 July 23,2025 MS. KIERKIEWICZ: Okay, fine, I appreciate you saying so. County bond. USDA loan will pay for this project. Will be, as a County—Department of Water Supply will be reimbursed. Please correct me if I'm wrong in my facts, because we have County and semiautonomous DWS, and I'm using these terms interchangeably. So someone gets reimbursed and then these property owners listed in Exhibit A, they will be reimbursed through real property tax breaks. Is that what I'm hearing? MS. NAKAGAWA: Okay, for the improvement district, there is a USDA grant in the amount of$825,000 and a USDA loan in the amount of$275,000. The cost of the USDA loan will be repaid through the assessments that was equally distributed by the 18 property owners. So the assessment for the first two years on the property owners is $25.47 a month. Then for the next 33 years—it is a 35-year loan—is $53.08. MS. KIERKIEWICZ: Okay. That is what they will pay. MS. NAKAGAWA: That is what the homeowners will pay. MS. KIERKIEWICZ: Homeowners will pay in order to have this water system that is going to be managed by DWS. MS. NAKAGAWA: That is correct. MS. KIERKIEWICZ: Okay. Thank you for walking me through all the specifics and mechanics of how all of this works. We don't often see these. I think we all want to try to take advantage of it, but it's very complex. I guess a more global question I have, are we limited to how many improvement districts that we can do based on like our bond capacity? MS. NAKAGAWA: Tricky question. MS. KIERKIEWICZ: You're welcome. MS. NAKAGAWA: I would say that our bond capacity is not unlimited. So, each time that we look at these opportunities, there is an analysis to do in Finance. If you recall, we just reviewed our debt last month, and actually we're coming in the next couple of weeks as well to do it again. And each time we do that, all these different areas in which the County has debt is evaluated and based on different factors of what the County can actually afford to do. MS. KIERKIEWICZ: Okay. That's extremely helpful. Thank you for answering my questions. MS. NAKAGAWA: You're welcome. Page 46 Hawaii County Council-19 July 23,2025 MS. KIERKIEWICZ: Chair, I yield. ACTING CHR. ONISHI: Okay, thank you. Any other discussion? Yes, Mr. Hustace. MR. HUSTACE: Thank you, Chair. It's really just a question of the process. It looks like it's about a nine-year process to kind of—when this was first initiated by Council. And if we could just speak to that a little bit from the DWS side and following that path and the actions it took in between all these different resolutions to come to a point where there was a determination to proceed. If you could just share some insight into that. MR. QUITORIANO: Yeah, so I think the main hurdle was because of the funding source that we were recommended to follow through USDA, there's a lot of preliminary studies and, I guess, conceptual design that has to be done before any application can be made with USDA. So the question of funding for these studies, or to procure someone to do that work, there was always a question like who has the money. So will it be the County upfronting money or would it be DWS? And so, at that time when things were passed through initially, there was really no money to use to do that work. MR. HUSTACE: I'm sorry. That last part, you said there was monies additional ? MR. QUITORIANO: No. There was no—no one wanted to upfront any money to do that work. MR. HUSTACE: No one. MR. QUITORIANO: Yeah. So Water Supply didn't have money. The County didn't have any money to advance for those preliminary studies. MR. HUSTACE: Okay. I've had these conversations with Director Nakagawa regarding other sort of considerations, but it's also that ability to take on that debt and those bonds. I think it's also trying to map out through the years and understanding that impact going forward too. And I just want to kind of bring that to a point where we—it's just really what you kind of expect, from your perspective, from DWS. And also, Director Nakagawa, that this is a standard set of years that it may initiate the process. I know it fluctuates based on those funds available and our ability to take on debt. But this Council has definitely changed over since 2016, and when the member or the community brought it forward to then be able to really put some shovels into the ground. MS. NAKAGAWA: Council Member Hustace, appreciate the question. I was not here in 2016 Page 47 Hawaii County Council-19 July 23,2025 MR. HUSTACE: Of course. MS. NAKAGAWA: But I don't think this is what to expect in terms of a normal timeline. But I would say that every instance is probably unique. Right? And I apologize; that may not be the clearest answer, but as we've seen recently, each project that comes forward is different. And there's different things that need to be evaluated. But just looking back at our team here, this is probably not the normal amount of time it takes, but again, every project will come with its own complexities that need to be evaluated. MR. HUSTACE: Thank you, Director. Appreciate that. All the individuals listed here were in attendance at that public meeting? They were not in attendance. But you had mentioned that they did not protest, though. You received no protest letters from the parties, correct? MS. NAKAGAWA: Yes. There was a public hearing held on August 15a' of 2023. There was also a mailing to each of the 18 owners. It was published in the West Hawaii Today and also posted at four different locations around the island as well. And we again sent another direct mailing to each of the property owners in June of 2025, reviewing the status of where we're at today and upcoming events. MR. HUSTACE: Very good. Thank you, Director. Appreciate the clarification. I know some of this has been said before, but I appreciate you stating that again. Thank you. Thank you, Chair. ACTING CHR. ONISHI: Okay, Ms. Villegas. MS. VILLEGAS: Thank you for that question, Council Member Hustace. Just to kind of chime in a little bit. There was a water improvement district that has tried to move forward in my district, and it's got to have been 15, 20 years and it continues. So one of the biggest challenges is getting everybody that would be included in that district, there's a percentage, I want to say it's like 90 percent, have to agree. So that's just another one of the factors that contributes to this taking so long. So congratulations to those that have worked and gotten this project to where it is. I wish we could have done that in my district. But I just want to validate another reason why these projects can take so long to move forward. And oftentimes, it's related to getting responses from the homeowners from those letters, or them even attending the public meeting. So I yield. ACTING CHR. ONISHI: Any other discussion? Hearing or seeing none, all those in favor of approving Bill 69 on first reading, say "aye." Page 48 Hawaii County Council-19 July 23,2025 Vote on Bill 69: The motion to pass Bill 69 on first reading was carried by (Approved) the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Onishi—7. Noes: None. Absent: Council Members Inaba and Kaneali`i-Kleinfelder—2. Excused: None. Bill 70: AMENDS ORDINANCE NO. 25-45, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAI`I FOR THE FISCAL YEAR ENDING DUNE 30, 2026 Increases revenues in the Fund Balance from Previous Year account($59,000,000); and appropriates the same to the Provision for Compensation Adjustment-General account. Funds would be used to pay for Temporary Hazard Pay for all covered employees for work performed during the COVID-19 pandemic from March 2020 to March 2022. Reference: Comm. 390 Intr. by: Council Member Kaneali`i-Kleinfelder (B/R) Waived: FC Vote on Bill 70: Mr. Hustace moved to pass Bill 70 on first reading. (Approved) Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Onishi—7. Noes: None. Absent: Council Members Inaba and Kdneali`i-Kleinfelder—2. Excused: None. ORDER OF The Acting Chair directed the Council to proceed to the next order of business, THE DAY Order of the Day (Second or Final Reading). (SECOND OR FINAL READING): Page 49 Hawaii County Council-19 July 23,2025 Bill 58: AMENDS THE PARKS AND RECREATIONAL FACILITY SCHEDULE, CHAPTER 15, ARTICLE 8, SECTION 15-68.1, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY RENAMING KAGMANA LANI PARK AS "YET SUNG CHANG PARK" IN HONOR OF YET SUNG CHANG Reference: Comm. 302 Intr. by: Council Member Kagiwada Postponed: June 18, 2025 First Reading: July 9, 2025 Motion to Approve: Ms. Kagiwada moved to pass Bill 58 on second and final reading. Seconded by Ms. Villegas. ACTING CHR. ONISHI: Go ahead. MS. KAGIWADA: Thank you. We had good discussion about our residents being generous and donating things to the County, and the fact that this land was donated by Yet Sung Chang for this purpose to be a community park. We also did have a good discussion about names, and we had some confirmation from cultural folks at Parks that this new name would not conflict with cultural practices. So thank you and looking for everybody's support. ACTING CHR. ONISHI: Okay, any other comments? Hearing or seeing none, all those in favor of approving Bill 58 at final reading, say "aye." Vote on Bill 58: The motion to pass Bill 58 on second and final reading was (Adopted) carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Onishi—7. Noes: None. Absent: Council Members Inaba and Kaneali`i-Kleinfelder—2. Excused: None. REFERRALS FOR The Acting Chair directed the Council to proceed to the next order of business, EXECUTIVE Referrals for Executive Session. SESSION: Comm. 373: GLEN SHIROMA VS. COUNTY OF HAWAI`I; CIVIL NO. 25-CV-00 18 1-JAO-WRP From Deputy Corporation Counsel Steven K. Idemoto dated June 18, 2025, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter filed by Kevin G. O'Grady and Alan A. Beck, Esquires, on behalf of their client Glen Shiroma. Page 50 Hawaii County Council-19 July 23,2025 Motion to Close Ms. Kimball moved to close file on Comm. 373. Seconded File: by Ms. Villegas. ACTING CHR. ONISHI: Go ahead. MS. KIMBALL: Thank you, Chair. I have taken the opportunity to review the communication and am in agreement with the recommendations of Corporation Counsel. So,personally, I don't see the need to go into Executive Session on this one. I'm willing to approve of the recommendation. ACTING CHR. ONISHI: Anybody else? Ms. Renee Schoen. (Note: At this time, Corporation Counsel Renee Schoen came forward to address the members of the Council.) MS. SCHOEN: Renee Schoen, Corporation Counsel. I think Deputy Corporation Counsel Steve Idemoto who handled the matter is in the Hilo chambers, but we are asking for approval, as recommended. ACTING CHR. ONISHI: Any other discussion? Vote on Motion to Ms. Kimball moved to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 373. Seconded by (Approved) Ms. Villegas and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Onishi —7. Noes: None. Absent: Council Members Inaba and Kaneali`i-Kleinfelder—2. Excused: None. Vote on Comm. 373: The motion to close file on Comm. 373 was carried by the Filed following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Onishi—7. Noes: None. Absent: Council Members Inaba and Kaneali`i-Kleinfelder—2. Excused: None. Page 51 Hawaii County Council-19 July 23,2025 Comm. 374: KIM N. ROSARIO, ET AL. VS. COUNTY OF HAWAI`I, ET AL.; CIVIL NO. 3CCV-20-0000404 From Deputy Corporation Counsel Mark D. Disher dated July 1, 2025, requesting an attorney-client confidential discussion to consult with the Council regarding the above-entitled matter filed by Stanley Roehrig and Nathan Roehrig, Esquires, on behalf of their client Kim N. Rosario. Motion to Close Ms. Kimball moved to close file on Comm. 374. Seconded File: by Mr. Hustace. Vote on Motion to Ms. Kimball moved to enter into Executive Session in Enter into order to hold attorney-client privilege discussion regarding Executive Session: Communication 374, as authorized by Section 92-5(a)(4) of (Approved) the Hawaii Revised Statutes. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball, Villegas, and Acting Chair Onishi —7. Noes: None. Absent: Council Members Inaba and Kaneali`i-Kleinfelder—2. Excused: None. ACTING CHR. ONISHI: Okay, we're in Executive Session. Recess: At 1:53 p.m., the Acting Chair called for a recess in order to clear the room. Reconvene: The meeting reconvened at 2:26 p.m. ACTING CHR. ONISHI: Members, we are coming out of Executive Session. Ms. Kimball. MS. KIMBALL: Thank you. Pursuant to HRS (Hawai`i Revised Statutes) Section 92, I'll just summarize our Executive Session to say that we went into detail with respect to the recommendations and report provided by Corporation Counsel pursuant to Civil Case No. 3CCV-20-0000404. Page 52 Hawaii County Council-19 July 23,2025 Vote on Motion to Ms. Kimball moved to concur with the recommendation of Concur: Corporation Counsel regarding Comm. 374. Seconded by (Approved) Mr. Hustace and carried by the following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball,Villegas, and Acting Chair Onishi—7. Noes: None. Absent: Council Members Inaba and Kaneali`i-Kleinfelder—2. Excused: None. Vote on Comm. 374: The motion to close file on Comm. 374 was carried by the Filed following voice vote: Ayes: Council Members Galimba, Hustace, Kagiwada, Kierkiewicz, Kimball,Villegas, and Acting Chair Onishi—7. Noes: None. Absent: Council Members Inaba and Kaneali`i-Kleinfelder—2. Excused: None. OTHER The Acting Chair directed the Council to proceed to the next order of business, BUSINESS: Other Business. (There were none.) ANNOUNCE- The Acting Chair directed the Council to proceed to the next order of business, MENTS: Announcements. MR. HUSTACE: We'll be back here next week Tuesday for our special committee—well, on either side,but a special committee for the General Plan. Thank you, Chair. ADJOURN- There being no further business, Acting Chair Onishi adjourned the meeting at MENT: 2:30 p.m. Council Approval: SEP p 2 2026 C JH/dg Page 53