HomeMy WebLinkAboutMIN COUNCIL 2021-07-07 2020-2022 Hawaii County Council
181h Session
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii
July 7, 2021
INVOCATION: Kahu Brian Welsh of Haili Congregational Church gave the morning's
invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 9:01 a.m., in the Council Chambers, Hilo, by Ms. Maile Medeiros David, Chair.
ROLL CALL:
Present: Ms. Maile Medeiros David, Chair
Mr. Aaron S. Y. Chung, Vice Chair
Mr. Holeka Goro Inaba, Member
Mr. Matt Kaneali`i-Kleinfelder, Member
Ms. Ashley L. Kierkiewicz, Member
Ms. Heather L. Kimball, Member
Ms. Susan L. K. Lee Loy, Member
Mr. Herbert M. "Tim" Richards, III, Member
Ms. Rebecca Villegas, Member
PLEDGE OF The Chair directed the Council to the next order of business, Pledge of
ALLEGIANCE: Allegiance.
(At this time, Mr. Kaneali`i-Kleinfelder led the Council in
the Pledge of Allegiance.)
PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions,
MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence.
CERTIFICATES
OF MERIT, AND (Note: At this time, Mr. Chung presented a Certificate of Merit to Professor
EXPRESSIONS OF Jennifer Doudna, recipient of the 2020 Nobel Prize in Chemistry.)
CONDOLENCE:
STATEMENTS The Chair directed the Council to proceed to the next order of business,
FROM THE Statements from the Public on Agenda Items.
PUBLIC ON
AGENDA ITEMS: The following individuals registered to speak and came forward when called by
the Chair:
Hawaii County Council-18 July 7,2021
Cindy Freitas: PC-20 (Comm. 279), in opposition.
Christopher Dean: PC-20 (Comm. 279), in opposition.
(representing Clean the Pacific
and Recycle Hawaii)
Lia Cary: PC-20 (Comm. 279), in opposition.
Toni Withington: Res. 145-21 (Comm. 284), in support.
(representing Na Wahi Pana
O Kohala, Kamakani `O Kohala
`Ohana, Malama Kohala Kahakai,
and Maika`i Kamakani `O Kohala)
Joe Belisario: Bill 44 (Comm. 281), in opposition.
Michelle Melendez: Res. 159-21 (Comm. 312);
Res. 160-21 (Comm. 313); and
Bill 51 (Comm. 313), in opposition.
Jonette Kiesow: Res. 159-21 (Comm. 312);
Res. 160-21 (Comm. 313); and
Bill 51 (Comm. 313), in opposition.
Chadd `Onohi Paishon: Res. 145-21 (Comm. 284), in support.
(representing Na Kalai Wa`a)
Shae Kamakaala: Res. 145-21 (Comm. 284), in support.
(representing Hawaii Land Trust)
Hinano Lewis: Res. 145-21 (Comm. 284), in support.
(representing Kohala High School)
Patty Solomon: Res. 145-21 (Comm. 284), in support.
Carolyn Pellet: Comm. 298;
Res. 141-21 (Comm. 278);
Res. 143-21 (Comm. 282);
Res. 145-21 (Comm. 284);
Res. 152-21 (Comm. 300);
Res. 157-21 (Comm. 310);
Res. 159-21 (Comm. 312);
Res. 160-21 (Comm. 313);
Bill 48 (Comm. 308); and
PC-20 (Comm. 279), comment.
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Hawaii County Council-18 July 7,2021
CHR. DAVID: I will be closing statements from the public at this time.
MR. BROWN: If you don't mind, Madam Chair, there's a forced update
happening to all of our computers right now. So, I think this would be a good
time, maybe, if you don't mind, we hold a recess, we get the computers updated,
and then we come back in about hopefully five, not longer than ten minutes.
CHR. DAVID: Okay. Before we do that, could I just—do we have time to take
one thing that I want to mention right now before we ?
MR. BROWN: Yes, we do.
Announcement: CHR. DAVID: Okay, awesome. Before we take this recess, as we honor and
recognize outstanding women—and thank you, Vice Chair Chung, for that, I
would also like to take this opportunity to recognize and honor the late
Professor Haunani K. Trask. A fearless advocate for Native Hawaiians and
inspiring all of us to embrace our ancestry and our identity as Hawaiians. So, our
deepest sympathy to Mililani Trask and the entire Trask `ohana, and I'd like to
take a moment of silene if we can,please. Mahalo.
Mahalo nui, everyone. Thank you. We're in recess, Mr. Clerk.
Recess: At 10:16 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 10:36 a.m.
APPROVAL The Chair directed the Council to proceed to the next order of business, Approval
OF MINUTES: of Minutes.
Vote on Approval Ms. Lee Loy moved to approve the Minutes of June 2,
of Minutes: 2021. Seconded by Mr. Kaneali`i-Kleinfelder and carried
(Approved) by the following voice vote:
Ayes: Council Members Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Chair David–7.
Noes: None.
Absent: Council Members Chung and Inaba–2.
Excused: None.
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Hawaii County Council-18 July 7,2021
Vote on Approval Ms. Lee Loy moved to approve the Minutes of June 3,
of Minutes: 2021. Seconded by Mr. Kaneali`i-Kleinfelder and carried
(Approved) by the following voice vote:
Ayes: Council Members Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Chair David—7.
Noes: None.
Absent: Council Members Chung and Inaba—2.
Excused: None.
CHR. CHUNG: Moving on to Communications, Mr. Clerk, I think before you
read it in, I'd like to just make a comment because this will apply to all
nominations that come before this Council. And that announcement, in
discussing with Corporation Counsel, is we should refrain from referring to any
other person besides the nominee that is before us on our agenda. And if that
person is not listed on our agenda, we will be discussing only the nominee and no
other person.
Mentioning of names or other names could be subject to the provisions of the
Ethics Code and, as covered under Charter Section 14-2(b) and Code
Section 2-83(b). Also, there's a Charter provision that references that the Council
cannot confirm or reject a person by reason of occupation alone. And that
provision is Charter provision 13-40).
So, before we takeI wanted to make that clear so that we stay within our
process and procedures as a body. So, Mr. Clerk, go ahead and read in
Communication 298.
COMMUNI- The Chair directed the Council to proceed to the next order of business,
CATIONS: Communications.
Comm. 298: NOMINATION OF DEBORAH L. CHANG TO THE PUBLIC ACCESS, OPEN
SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION
From Mayor Mitchell D. Roth, dated June 2, 2021, requesting the Council's
review and confirmation.
Waived: FC
Requires Council
Confirmation by: July 17, 2021 (Section 2-215(k),
Hawaii County Code)
Motion to Approve: Ms. Kimball moved to confirm the appointment of
Ms. Deborah L. Chang to the Public Access, Open Space,
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Hawaii County Council-18 July 7,2021
and Natural Resources Preservation Commission.
Seconded by Mr. Richards.
(Note: At this time, Executive Assistant to the Mayor Pomaika`i
Bartolome and Nominee Deborah L. Chang came forward to address the
members of the Council.)
Vote on Comm. 298: The motion to confirm the appointment of Ms. Deborah L.
(Approved) Chang to the Public Access, Open Space, and Natural
Resources Preservation Commission was carried by the
following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
(Council Members spoke in favor of Ms. Chang's appointment.)
CHR. DAVID: Mahalo so much. Thank you. Thank you, Pomaika`i. Aloha.
Mr. Clerk, we have an officer in Kona. I'm sorry? Yes, thank you very much.
Bill 49,please.
Change Order As directed by the Chair and with no objection from the Council Members, the
of Business: following items were taken out of order:
Bill 49: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2022
Increases revenues in the Federal Grants —Statewide Multi-Jurisdiction Drug
Task Force account($4,927); and appropriates the same to the Statewide Multi-
Jurisdiction Drug Task Force account, for a total appropriation of$54,927.
Funds would be used to reduce drug threats and drug-related crimes.
Reference: Comm. 309
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 49 on first
reading. Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
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Hawaii County Council-18 July 7,2021
MR. KANEALI`I-KLEINFELDER: As Mr. Brown stated, this was waived from
Committee to Council, and we do have the officer in Kona. If you could, officer,
could you please explain what we're looking at and what this would do for our
community? And please introduce yourself for the record.
(Note: At this time, Police Lieutenant Edwin Buyten came forward to
address the members of the Council.)
MR. BUYTEN: No problem. Good morning. I'm Lieutenant Ed Buyten and I'm
on the second day of my vice post so bear with me.
MR. KANEALI`I-KLEINFELDER: Sorry, excuse me, Lieutenant, please
proceed.
MR. BUYTEN: No problem. What I understand is this $4,927 will be utilized
for training, overtime, and, most importantly, some new equipment for the
officers in the vice narcotics section that are on the task force.
MR. KANEALI`I-KLEINFELDER: And this will be for island-wide efforts?
MR. BUYTEN: Absolutely, island-wide efforts.
MR. KANEALI`I-KLEINFELDER: Beautiful. I have no further questions,
Chair. Mahalo, Lieutenant, for being here today and I yield.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else have
questions for Lieutenant? Seeing none, all those in favor of approving Bill 49 at
first reading, please say "aye."
Vote on Bill 49: The motion to pass Bill 49 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
CHR. DAVID: Can we move to Bill 44?
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Hawaii County Council-18 July 7,2021
Bill 44: AMENDS THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS
AMENDED), RELATING TO THE COUNTY CONSTRUCTION CODE, BY:
1) ADOPTING NEW CHAPTERS 5B (RESIDENTIAL BUILDING CODE)
AND 5C (EXISTING BUILDING CODE);
2) AMENDING CHAPTER 5 (CONSTRUCTION ADMINISTRATIVE CODE):
SECTIONS 5-1-2, 5-1-3, 5-1-5, 5-2-2, 5-2-3, 5-2-4, 5-4-21, 5-8-4, AND
5-10-1;
3) AMENDING CHAPTER 5A (BUILDING CODE): SECTIONS 5A-1-3,
5A-1-6, 5A-3-21, 5A-3-22, AND 5A-3-27;
4) AMENDING CHAPTER 5D (ELECTRICAL CODE): SECTIONS 5D-1-3,
AND 5D-1-6;
5) AMENDING CHAPTER 5E (ENERGY CONSERVATION CODE):
SECTION 5E-1-6; AND
6) AMENDING CHAPTER 5F (PLUMBING CODE): SECTION 517-1-6
Reference: Comm. 281
Intr. by: Ms. Lee Loy (B/R)
Approve: PWMTC-8
Motion to Approve: Ms. Lee Loy moved to pass Bill 44 on first reading and
adopt Public Works and Mass Transit Committee Report
No. 8. Seconded by Mr. Richards.
CHR. DAVID: Ms. Lee Loy, please go ahead. I've taken this out of order by
request, so thank you.
MS. LEE LOY: Yeah, thank you, Chair. We've had a lot of discussions in
Committee specifically to this Construction Code adoption. And more recently,
we got a few more letters in our testimony folder. And so, I've asked
Dalilah Schlueter from Corporation Counsel, Acting Building Chief Neal Tanaka,
and with him we also have Lyle Carden.
Lyle Carden works for Mason Chock, an engineering firm. There were some
testimony around the wind maps, and I'll let Mr. Carden explain but he was the
author of those wind maps. He received a grant from HI-EMA (Hawai`i
Emergency Management Agency) and FEMA (Federal Emergency Management
Agency) to help develop that. And so, I just thought it would help the Council if
they had questions around some of the testimony that we received around the
wind maps, that Mr. Carden would be available to answer any questions that we
have.
CHR. DAVID: Thank you. Mr. Chung, you have a comment?
MR. CHUNG: Yeah. I had a discussion with Director Rodenhurst yesterday, and
I was thinking of,perhaps, floating an amendment to this thing. But instead of
that, I wanted to have a discussion on one aspect of this there might be more
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Hawaii County Council-18 July 7,2021
but I don't really understand this thing too well, I have to admit. But one thing
I'm concerned about—and I've heard concerns from other people—is the
sheathing requirement. I don't know if that has to do with wind maps; I really
don't know. I'd like to have a discussion on that.
And the reason for it is my understanding is that the plywood requirement—I'm
hearing this from construction people who are not really worried about
themselves; they're just worried about the cost of housing. And we've said time
and time again that the cost of housing, aside from the increase in material costs
and labor costs, a lot of it is attributed to governmental action as well. And this is
one of them. I'm kind of concerned that if we require sheathing to the extent
that's being required here, it's going to increase the cost of housing a lot,
particularly for the lower-cost housing. And I just wanted to have a discussion on
that. I haven't seen any houses falling down because of lack of sheathing, quite
frankly.
But I needed to have a discussion before I floated any kind of amendment because
I don't know what the ramifications would be with regard to FEMA in case a
house did fall down during a hurricane. Can somebody just come and talk to me
and help guide me through this? I don't know much about the subject matter.
I'm not a construction expert by any stretch of the imagination, but I'm really
concerned about the cost of housing. I'm sure, like for the more expensive
homes, they'll probably put sheathing but for those who can't afford or are just
trying to make a go, is it absolutely necessary? Is there some middle ground that
we can strike? Neal, why don't you help me through this.
(Note: At this time, Public Works Acting Deputy Building Chief Neal
Tanaka and Lyle Carden of Martin, Chock & Carden came forward to
address the members of the Council.)
MR. TANAKA: Good morning, Council. I appreciate your hearing this bill and
bringing your concerns with regards to cost of construction. I think that we're all
very sensitive to that when it comes to affordable housing and providing these
solutions for the public.
CHR. DAVID: Mr. Tanaka, could you please ?
MR. TANAKA: I'm sorry. Neal Tanaka, Acting Deputy Building Chief.
CHR. DAVID: Thank you.
MR. TANAKA: DPW (Department of Public Works). Specific to the sheathing,
I think the last—at the Committee hearing, we had this discussion a little bit. And
what it is, is the minimum standard as written in the Code. It's a very technical
aspect of house construction.
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Hawaii County Council-18 July 7,2021
We have here, as Council Member Lee Loy mentioned, Lyle Carden of Martin &
Chock, who's also a structural engineer, to help me further explain the
technicalities of sheathing, which is also the roof diaphragm of the home. You
asked if it is related to wind. And by way of construction and the structural
stability of the home, a diaphragm resists the lateral forces of not only wind but
seismic. And so, I'm hoping that Lyle can help explain that a little bit more,
technically at least, so that we can have this discussion a little bit further.
MR. CARDEN: Yeah, thank you for hearing me today.
CHR. DAVID: Can you identify yourself for the record, please? Thank you.
MR. CARDEN: So, I'm Lyle Carden. I'm a structural consulting engineer and
also a Structural Engineering Association of Hawaii representative on the State
Building Code Council.
CHR. DAVID: Mahalo.
MR. CARDEN: So, to speak to the sort of technical aspect of roof sheathing,
yeah—and we're all very aware of the issues with affordable housing, trying to
make housing as cost-effective as possible. But we also want it to meet the model
codes of the wind standards so that after a major wind event, we don't end up
with a worsening housing problem, and I think that's where we think this is
important.
So, the sheathing itself, basically the best way I can describe it is you have walls
that resist the wind loads. The top of that wall is supported by the roof. And so,
that roof has to form a diaphragm, which will take those loads and distribute it to
the shear walls at the end of the building and then down into the ground. Without
that—and in conventional wood-frame construction, as it's done around the
country, the way of creating that diaphragm is with plywood sheathing.
The use of sort of traditional practices of using middle roofing as sort of a single
layer of roofing, the way that is connected down to the roof system, it doesn't
provide that same level of lateral diaphragm resistance. And so, that's why it's
not permitted in the model codes as they're written now.
MR. CHUNG: In terms of the sheathing, are we talking about on the roofline or
on the sides of ?
MR. CARDEN: My understanding is that most of the discussion is around the
roof.
MR. CHUNG: Roof, correct.
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Hawaii County Council-18 July 7,2021
MR. CARDEN: Roof sheathing. The wall sheathing is another aspect to that. At
the ends, we make sheathing to take those loads from the roof down to the
foundation. But that one, I think, is more traditionally handled by traditional
plywood or sheathings. So, I think the primary concern here is the roof sheathing.
MR. CHUNG: And I'm not doubting, in any way, shape, or form, the analysis
and the safety aspects, but I don't know if we should be seeking perfection when
it comes to housing. Because as I said earlier, I haven't seen any houses falling
down for lack of sheathing. I could be wrong. Maybe you guys have more
information on that. And a lot of homes right now don't have sheathing, I would
suspect, right?
MR. TANAKA: I don't have that number for you specifically, but we
MR. CHUNG: Yeah, I mean, I know you don't. But if I had to take a guess, all
of the older homes, let's say plantation homes, they got sheathing? No more huh?
MR. TANAKA: More than likely they're not.
MR. CHUNG: More than likely not, right? So, a lot ofI'm not, again, doubting
the structural analysis relating to the structural integrity. I'm just wondering
whether it's necessary. And it's been explained by Director Rodenhurst that
there's another way out. You could go through the Construction Code using an
engineer, right, to make an analysis, but that's more money, right? We're just
making things more and more expensive.
What's the cost—somebody was telling mein fact, I think it was Ms. Lee Loy
who was telling me about, yeah, was telling me how expensive plywood is right
now. And that's what I've been told by construction people. They said the cost
of plywood is crazy nowadays, and they don't expect it to go down. Everybody's
hoping it goes down, but they think it's not going to go down. So, how do we
balance this, you know, providing affordable opportunities for our residents, and
yet making sure that we're looking after their safety. But I just don't think we
need to be that safe with them.
What happens if we take away that requirement? And maybe for bigger homes,
some people can afford, right? But for the lesser homes, maybe $10,000, you
know, 1056, is there a middle ground that we can strike? I'm not committing you
guysI'm not expecting you guys to support this idea, but could we,just for
discussion sake, could we do something like that? Give me some ideas.
MR. CARDEN: If I can speak to that, I think one of the challenges of doing that
is, in trying to introduce the IRC (International Residential Code), which is a
residential code that hasn't really been used in the past in Hawaii, but it's a code
that is designed to sort of simplify the design of a building. It's to turn the design
of the building into sort of prescriptive procedure that doesn't require a lot of
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Hawaii County Council-18 July 7,2021
engineering. But the downside of having that is it comes with, kind of, cookbook-
type solutions. And so, part of that cookbook solution is that you need that
plywood diaphragm.
Now, there are ways to potentially engineer around it, although it is very difficult
to technically engineer to the level of one's (inaudible) that we're looking for in
the Code with just sheet metal roofing. But the trade-off is that, as you already
mentioned, in trying to go around sort of modifying the cookbook approach using
the engineering solution, you end up spending more money on the engineering
and potentially reducing safety. So, are you better just to use the cookbook
approach? You may end up in some situations being a little bit over design, but it
just simplifies the process. And so, that over design may basically allow a
savings at the end of the day. So, that's really what we're trying to weigh up here
in introducing the IRC and try to make design a little easier.
MR. CHUNG: Madam Chair, I'm going to yield right now. I don't know if
anyone else wants to talk about this. If not, I'll come back to it later. Thank you.
CHR. DAVID: Thank you, Mr. Chung. Who was first?
MR. RICHARDS: I just turned on my light.
CHR. DAVID: You just turned it on. Ms. Kierkiewicz, go ahead.
MS. KIERKIEWICZ: Sure, thank you, Chair. And thank you, Council
Member Chung, for bringing that forward. I also had those same sort of thoughts
and reservations, and I'm glad to know that you were thinking of an amendment
as well. I was, too, when I reached out to the department and wasn't very
satisfied with the responses I was provided. I think they were lacking in
innovation.
I did have a chance to meet with Keith Kato, who we all know and works in the
space of affordable housing Hawaii Island(Community) Development
Corporation. And I asked him what the added cost of the sheathing and the
trusses would be, and he said, for their self-help housing model, it would be an
additional $10,000 $10,000 just for materials. And they have a model where all
the different`ohana kind of pitch in to help build. And he said double or triple
that for contractors.
This issue is so incredibly important for our island, especially for the district that I
represent because Puna is seriously like the last affordable housing mecca in
Hawaii. And I just don't see how local residents, working families are going to
be able to afford building with this additional piece of the Code.
I appreciate you being here and providing your expertise. I don't know if I'm
going to shoot myself in the foot by asking this question, but I'm just curious
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Hawaii County Council-18 July 7,2021
about what you're proposing and advocating for. How many homes have been
salvaged on the continental U.S. (United States), which is slammed by hurricanes
pretty consistently and intensely? And I know it's just going to heat up with
global warming and climate change. But I mean, have studies been done with
these additional sort of aspects of constructing homes? Have homes really been
salvaged during a hurricane?
MR. CARDEN: If the home is destroyed, then it's going to be relatively difficult
to salvage. They salvage some parts
MS. KIERKIEWICZ: What I'm asking is what you're saying we absolutely need.
I mean, has it helped to salvage homes in the event of a hurricane? Because if it
hasn't, what's the point?
MR. CARDEN: I think the answer to that is yes, well, because this is non-
standard practice on the Mainland and hurricane-prone regions. So, you wouldn't
see the types of buildings that just have a metal deck without plywood sheathing
in hurricane-prone regions in the U.S. It's not accepted practice anymore. So,
we're perhaps it did occur back in the, maybe, '60s and '70s, then those homes
have been severely damaged. And this is why it's led to this change in practice.
MS. KIERKIEWICZ: Okay. That's a little helpful. Thank you. Council
Member Chung, if you do put forth amendments, I'm certainly going to be
supporting them. I mean, anything that we can do to preserve affordable housing
and just make housing affordable but really just attainable, right, is something that
I think we're all after. So, thank you, Chair, I yield.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Mr. Kaneali`i-Kleinfelder and then
Mr. Richards.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I am glad to hear other
people raising the same concerns I raised at our last meeting. I did bring this up
with you at the last meeting, Neal, regarding the sheathing requirements, knowing
that it's going to be expensive for our construction industry. I think it was pretty
well summed up from Mr. Chung and Ms. Kierkiewicz, the discussions I've had
with our contractors. And I would like to say that having spent ten years on roofs
installing solar has given me maybe a different aspect or a different viewpoint on
roofs and construction standards, being both on them and in them, and having to
install new structural members to provide support for a solar system.
With that said, in discussions with our contracting friends, when we require an
engineering stamp and someone has to do the work to engineer the building and
the County signs off on the engineered stamped drawingso, someone took the
time to do the wind calcs (calculations), everything else, for the building
ultimately, who's liable if something happens to that home? The County for
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Hawaii County Council-18 July 7,2021
having approved the permit or the engineer for having done the calculations?
And that was an interesting question raised by the guys in the industry.
If we require engineered drawings and they're designed by a professional and
they show that wind load in that area with that slope of roof can withstand "x"
amount of force, the building can withstand the force, and we, as a County, sign
off on it, who's liable if something happens to that building in the event of wind
load or shear during a storm?
MR. TANAKA: To answer that question, I am going to defer to my Corp.
(Corporation) Counsel on that when it comes to liability.
MR. KANEALI`I-KLEINFELDER: Okay.
MR. TANAKA: And so, hold on a second.
MS. STRANCE: Good morning. Elizabeth Strance, Corporation Counsel.
MR. KANEALI`I-KLEINFELDER: Good to see you, ma'am. How are you
doing?
MS. STRANCE: Good, thank you. The question that you asked is a difficult
question to answer because, in cases of lawsuits, one of the issues always is
causation. And so, if the County knowingly reduces a standard that its
department and its experts have said is a health and safety issue, and then the
injury or damage is proven to be the result of that particular standard that was the
reduced standard, there may be some liability, that there's a lot of different steps
in lawsuit to liability. And a lot of it has to do with causation. And is it that one
thing that caused the damage, or was it an accumulation of matters?
As I understand it, the Building Code is intended to express minimum standards.
And so, the amendments that you folks are talking about are to reduce the
minimum standard. So, the amount of exposure that the County would
experience? I don't know.
As a young lawyer, I went over to Kauai after the hurricane, and there were a lot
of houses that were flattened. And I'm sure the time when they were built, they
were not built to the same standards that we have today. And standards that we
have today are sometimes in response to problems or deficiencies that we have
seen. For example, with the collapse of the building in Florida, there's
discussions about whether there should be different life-afforded buildings before
they undergo certain other types of inspections.
I'm reluctant to say that, "Oh, yeah, the County would be held liable." But I am
willing to say that if there was a collapse of the building and it was caused by the
absence of the sheathing, and then the evidence is that this is a public hearing,
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Hawaii County Council-18 July 7,2021
public testimony, it will be public record. And it would be an exhibit in a trial
where the County said, "Well, we're willing to take the risk of liability because
we think the cost savings to all of these other properties is greater than the risk."
And so, that really is the decision that you folks would be making. So, it's not a
simple yes or no answer.
MR. KANEALI`I-KLEINFELDER: Okay, that's fair enough. I felt it was a very
fair question to ask because we do require those drawings on the way in. We do
allow for prescriptive methods to be followed by builders. And that would allow
them to bypass the requirement for sheathing if they followed the Prescriptive
Method, if I'm remembering our conversation correctly last time. If not, then
please correct me. Neal, I see you shaking your head. Please correct me so I
understand that I'm right or wrong.
MS. STRANCE: I think there's one other kind of aspect of it. And one of the
reasons that I asked Dalilah to come up with me is that I think a question was
asked about, well, if we do away with the sheathing or we are going to make
homeowners ineligible for other funds—for example, FEMA funds—in the event
of an emergency and damage from a natural disaster. And I think Dalilah has
done some research on that and can comment on it.
(Note: At this time, Deputy Corporation Counsel Dalilah Schlueter came
forward to address the members of the Council.)
MR. KANEALI`I-KLEINFELDER: Introduce yourself, please.
MS. SCHLUETER: Good morning, Council. Dalilah Schlueter, Deputy
Corporation Counsel. We have started to look at that aspect a little bit more. For
instance, the Stafford Act, etcetera, which—and there's a few details that I'm not
prepared to be set in stone on yet with how that Act works. But basically, if the
County's not in compliance or the State is not in compliance, it can affect Federal
funding for certain kinds of projects. So, it may be an important factor to
consider.
Another avenue that I'm just starting to look into has helped me effect things like
homeowner's insurance, if, you know, what that requirement may be as far as
what level of Code that we need to be in compliance with in order for everybody
to be able to obtain reasonable insurance on their homes and things.
MR. KANEALI`I-KLEINFELDER: Okay, thank you. Okay, Neal, if you could.
At our last discussion in Committee, we discussed how that could be avoided, the
sheathing.
MR. TANAKA: Yeah, so, I believe I just heard you say that the IRC prescriptive
methods would allow you to not use the sheathing.
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Hawaii County Council-18 July 7,2021
MR. KANEALI`I-KLEINFELDER: Yeah, I'm trying to remember what you
said. You said something similar and I may have said it wrong. And if I did, I
apologize.
MR. TANAKA: So, the Prescriptive Method is to use sheathing, right. The
alternative would be to use other engineering practices as allowed by the IBC
(International Building Code) to design your way out of that as a possibility but,
as Lyle mentioned just now, it's not easy to get there. And the level of design
and/or even inspection on top of that special inspection that is not required as of
right now for the IRC, it is not supported to achieve that but it's possible.
MR. KANEALI`I-KLEINFELDER: Okay. So, I will just circle back, then, to my
question. You can engineer your way out of using sheathing. When it comes
down to documents provided, I'm going to say it again, we require engineer
drawings so that the building is built to engineered specs (specifications) and we,
as a County, take those drawings in. We allow the building to be built. We
inspect the building according to those drawings and according to our standards,
and we either approve or deny the inspection. With all of that pre-work done, if
someone was to go to the work to engineer it without sheathing, I don't see how
we can differ from that. And I'm finding it a little bit of a double work.
I think, long story short, what Mr. Chung has brought forward today I feel has
merit, and I felt that way the last time. The industry, the homeowners are
concerned of a raise in the cost of building a home, albeit small in some of our
eyes, but in some people's eyes $10,000 is pretty expensive to put sheathing on a
roof.
I've walked on a lot of roofs. I've been on 4-foot trusses, 2-foot trusses, plywood,
non-plywood, shingle, metal, copper, tile. The ones with sheathing are very firm
to walk on; I can tell you that. But I've walked on pretty solid standard open-
truss, no sheathing, 4-foot on center rafters that is solid. And I've put systems on
that, and I have shaken that thing and stepped on it as I've walked over the roof
wearing 50 pounds worth of tools and carrying a 50-pound panel, and that roof
didn't give.
And I feel that we're bordering on creating an unnecessary step in construction
here. And again, with all due respect, sir, I understand the wind load calcs
because that's what we have to comply with in putting a system on a roof. But in
this case, I think we've gone a little too far with this one. So, mahalo for the
latitude, Chair, and I yield.
MR. TANAKA: Matt, thank you for mentioning that at the end with regards to
the wind loads, right, because the sheathing is not specifically to address live
loads, such as you walking on the roof, or the dead load of the panels. It's to act
as a diaphragm, the wind diaphragm to affect and resist those lateral wind forces.
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Hawaii County Council-18 July 7,2021
And so, at a very basic level, that's what many people may think but it's part of
the house system as prescribed by the Code.
Walking back to your comment with regards to designing our way out of the
requirement. It's possible as I've said, but is it a design that is applicable to all
houses in all locations of our island? That's what you need. We have different
wind requirements, different seismic requirements depending on where we are.
Different types of construction, different sizes of houses. So, there's no "one size
fits all" for removing it. Even Council Member Chung said the higher-end homes
may put it, but it's not"may put it because of cost." They may put it because it's
required for those types of homes, right. Or homes in general. So, I just wanted
to clarify that a little.
MR. KANEALI`I-KLEINFELDER: Thank you, Mr. Tanaka. Thank you for
being here today.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Mr. Richards, I believe
you were next. Thank you.
MR. RICHARDS: Thanks, Chair. Mr. Tanaka,procedural. The sheathing, is this
a State code? Is this a Federal code? Where are we in this? Are we adopting
something that is a State code? Explain the procedural side of this, please.
MR. TANAKA: The International Residential Code, of which we're speaking to
today, is a national code. The sheathing requirement is in that code. Then it goes
to the State Building Code Council of which Lyle and I sit. And the Structural
Investigative Committee assesses the structural elements of the IRC and proposes
amendments as a body, then they come to be discussed and voted upon at the
State Building Code Council at which point, upon approval, is the State code. So,
what we are amending today and bringing forth in Bill 44 is a national and State
code with County amendments.
MR. RICHARDS: Okay, so,procedural. And the reason I pose the question is I
wanted to have an understanding but also have the public have an understanding
of what we're talking story about here. I agree with the concern that Mr. Chung
brings up, and you and I have had these conversations before. And Chair Maile
and I can probably laugh at some of the construction, and we've had this
conversation. We mandate foundations that a hundred years ago was a flat rock
and a 4x4, yet those houses are still here.
And we're running into a situation where, on the one hand, we can engineer for
safety with disregard of cost. And I'm not saying that that's this situation. I'm
saying we can do that. And I think, in some instances, we do that, which I'm not
sure is in our best interest. But then, we also have to be mindful of costs as we
come forward.
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Hawaii County Council-18 July 7,2021
And I get what you're saying and listened very carefully to what Corp. Counsel
was talking about. Life is not a guarantee. I mean, there is inherent risk in
everything that we do. And so, I don't know if we don't adopt a code if we have
any more liability. We get to a point where we tie our hands so tight, and I don't
think that's why this Council exists. I think we have to kind of try and seek a
pathway forward. It's not that I'm against safety, of course not, but we also have
to have some temperance in there. We're dealing with a dam safety issue right
now that I think is way overreaching, completely overreach. That's a
conversation for a different time.
The question is how do we strike the balance in here? And I am concerned about
going forward. As Ms. Kierkiewicz pointed out, $10,000 for a self-help structure,
that$10,000 could be a tipping point for families trying to get into a home. So,
how do we attend to that? And if we do it all in the face of safety without regard
to construction, that's fine; we don't have any affordable housing. And this is
what we have to struggle with because, unfortunately, this island is in desperate
need of housingactually, the State is.
I look at some of these wind maps, and I'm not sure how they come up with them.
I think I can guesstimate. But it comes back to how do we go forward with this?
And I am very mindful of trying to get housing built. But if we can't afford it, we
can't afford it, and I'm not sure that's in the best interest of our County going
forward. I get the engineering side. I get the safety side. But I also get the fact
that people don't have homes, and that's where we're looking. So, I want to hear
a little bit more from my fellow Council Members on this because we can make
things so safe that we just can't afford.
And I was thinking back on some of the construction stuff we've had as a County
and country over the last 200 years. And so, I think this is one of those struggles
that we have to come up with a solution pathway for. So, Chair, I'm going to
yield at this point.
CHR. DAVID: Thank you, Mr. Richards. Ms. Kimball, did you have your light
on or ?
MS. KIMBALL: I did.
CHR. DAVID: Okay, go ahead, Ms. Kimball.
MS. KIMBALL: You may actually have your ideas more well-formed, but I'll go
ahead and start because I hadn't really given a lot of thought to this aspect of it.
But I recognize that we here are not structural engineers or experts, and so, I
appreciate your input on this. And I do know that the International Building Code
tends to recommend building for, like, the absolute worst-case scenario, which
what the probability of that happening would be who knows.
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Hawaii County Council-18 July 7,2021
With respect to the comments ofI lived in a hundred-plus-year-old plantation
house. We lived through that earthquake. We were just talking about it the other
day when we had the 5.2 about how we could not believe the thing is still
standing. But I think that's, like, there by the grace of God sort of situation. Like
it was just luck that it stood.
I appreciate my colleagues' concerns about wanting to keep affordable housing
affordable, but I caution us to sacrifice safety. And I agree it's important to take a
really close look at this and see if this prescribed safety is above and beyond what
really is logical. But I think that there are, in this particular case, potentially
avoided costs that may balance out this initial upfront cost. And I know that's
often difficult because usually it's that initial cost that is the barrier to
homeownership. But I'm thinking, in my own insuranceI recently redid my
homeowner's insurance. I was actually asked to describe the roofing material of
my house and was given a reduced rate because we have the sheathing, and we
actually have installation. I don't know if that's true across all insurances. I'm
just giving that as an example but there's an avoided cost.
I'm also curious, and you guys are more experts on this, somebody, hopefully, in
the room can speak to this. Are there not avoided costs in terms of putting
sheathing on and cooling a home and deflecting some of the radiant heating that
would go forth towards avoided costs with electricity? I'm just guessing. Again,
not a structural engineer but just
MR. TANAKA: Thank you for that, Ms. Kimball. So, generally yes, right.
Anytime that you can create what they call R-value, which is the heat resistance,
you're effectively keeping your house cooler. Added insulation makes—it only
increasesI mean, that's not the specific point of this bill, however, right. This
bill is the residential code. Our next bill that we will be introducing will
incorporate IECC (International Energy Conservation Code), energy conservation
code, which speaks to that in greater detail.
However, to answer your question, yes, right. Anytime you add that heat
resistance R-value, whether it's plywood or insulation or even heat resistance on
top of that plywood, which is a solution in the IECC prescriptively. That heat
allowed into the building would be reduced and your cooling costs are reduced.
However, air conditioning is a luxury really, right. It's usually not something that
an affordable—someone trying to attain affordable housing would have.
However, it does keep their house cooler. I mean, we see the window units all the
time in cheaper homes. I have them at my home, right. But yes. To answer your
question, yes.
I think something in parallel to what you were discussing is sharpening the pencil
when it comes to affordability. We see designs coming in using the IRC, which is
a Prescriptive Method. However, some of the details that we do see are over-
designed. And the construction methodology, as it's built in the field, usually
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Hawaii County Council-18 July 7,2021
exacerbates that even further, right. However, if the designer and the contractor
were to really sharpen their pencils down, there are cost-savings around the
prescriptive elements of the IRC that could balance, potentially, the cost of the
sheathing. But that's to the choice of the designer and the contractor, of course,
all meeting prescriptive elements of the code.
MS. KIMBALL: Thank you for that response. And I do appreciate the energy
saving element belongs in another part. But I kind of wanted toI mean I'm just
thinking about the balance here between the costs of initial construction versus
these costs to the homeowner. And thinking about Portland right now, which is
pretty toasty, you know, that is not necessarily something we won't experience at
some point and this ability to offset some of the heating that would happen
naturally with that sheathing on the roof, you know, it is something I think we
should take into account. So that's all I have for now. I just wanted to add that
mana`o to the discussion. Thank you.
CHR. DAVID: Thank you, Ms. Kimball. Ms. Villegas, you are next.
MS. VILLEGAS: Once again today, wow. Only not necessarily the wow that I
was so enthusiastic about earlier today. Boy, I've got pages of questions here,
none of which did I think would talk about wind science and technology per se
today. But thank you for being here. What a field to be studying as it relates to
structures. And as we walk as humans in society into what can no longer be
denied of an era of climate change and all of the changes and natural disasters that
potentially come along with that. So I appreciate the intention for safety here but
I really didn't I suppose I, like Mr. Chung, had some amendments that I was
considering to bring forward. But none of them necessarily had to do with the
sheathing. They had more to do with ensuring that there is inclusion of inspection
points. Once again, as was one of the concerns in Bill 179.
But some of the things I'm hearing here, and I guess I just want to ask again, is
there anywhere in the U.S. that the use of this new building requirement
prevented or mitigated the demise of structures exposed to storms? I think that
was kind of what Ms. Kierkiewicz was asking. Is there evidence of those
buildings then continuing to stand versus those around them that did not have
that?
MR. CARDEN: I would say yes. There is an abundance of evidence that
improving the codes over time has led to more resilient buildings. And I'd have
to look for specific research, but the numbers are actually quite overwhelming.
The mitigation dollar for increasing the code compared to the amount of losses
because as you mentioned, disasters are getting worse and worse and more
expensive over time, it's actually a very small—like the benefit of mitigations are
a very small cost compared to the losses in the reports that I've seen. And I can
try and track some of those down to help share if that helps.
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Hawaii County Council-18 July 7,2021
MS. VILLEGAS: Thanks. And just for the sake of kind of context, like I think of
when a massive hurricane comes through, and it destroys all the homes regardless
if you have sheathing or no sheathing. And ironically some of our coffee shacks
stand because the windows were placed appropriately for the wind to travel
through the building. It's something that I'm ironically kind of seeing as we as
humans in society work. Unfortunately, not always in a flexible manner of the
transitions of our ecosystems and the way the weather patterns. Instead we kind
of build a fortress. We're going to make this completely capable of withstanding
anything. And ironically, by doing so, the firmer and more ridged we become to
protect our consumer goods, we actually make ourselves less safe.
When you look at indigenous knowledge and indigenous building and the way
that peoples of this land and many lands lived for thousands of years, there
structures weren't necessarily built to withstand a hurricane. And yet, they were
easily and more they did have the potential to blow through in some capacity.
So I'm kind of seeing that, that irony. This is a really complicated piece of
legislation with vast tentacle in every area and department of which by no means
am I any form of an expert. However, my emails and phone and texting have
been blowing up with concerns from the community and from people that work in
the industry. In their perception, we are increasing the cost of construction and
adding additional engineering which is increasing the cost of planning, and
engineering, and building, and some people see this as the benefit goes to the
local building materials supplier companies. And there are concerns for that.
The other thing is, that I see amongst many things is, we're working to provide
shelter for people. When we talk about our houseless and homeless crisis, we
need to provide shelter for people versus providing fortresses, right? And so,
there has to be a balance in the purpose of this code. I see some irony in all of
these continued additions to ensure safety in structural integrity under any and all
circumstances and yet I'm not seeing the inclusion of the need of those two points
of building inspections boast by when we're talking about certain homes, the
smaller homes.
CHR. DAVID: Excuse me, Ms. Villegas?
MS. VILLEGAS: Yeah.
CHR. DAVID: The County Clerk has been timing the Council Members, could
you
MS. VILLEGAS: Sure. Sorry I didn't hear a bell.
CHR. DAVID: I know.
MS. VILLEGAS: He's over there. No worries. Gotcha.
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Hawaii County Council-18 July 7,2021
CHR. DAVID: Thank you.
MS. VILLEGAS: So I wondered if DPW, Corp. Counsel could just answer a
quick question for me?
(Note: At this time, Deputy Corporation Counsel Dalilah Schlueter came
forward to address the members of the Council.)
MS. VILLEGAS: I just wondered, as youI just had a basic question, actually.
Were you specifically involved in writing this piece of legislation?
MS. SCHLUETER: No I wasn't.
MS. VILLEGAS: Okay.
MS. SCHLUETER: Excuse me. Deputy Corporation Counsel Dalilah Schlueter.
No, I wasn't involved in writing this.
MS. VILLEGAS: Who was?
MS. SCHLUETER: I believe, Mr. Tanaka. Well, he can answer it. But I know
he was involved in writing it.
MS. VILLEGAS: Thank you.
MR. TANAKA: Neil Tanaka, Acting Deputy Building Chief. Yeah, myself and
the LRB (Legislative Research Branch) representative, Leslie Chow, based on the
model and State codes of the State of Hawaii. We wrote this together.
MS. VILLEGAS: Okay. Thank you. I just have issues with this even going back
to, and not to be the dead horse, but the questions about whether or now we did
not receive permission by the governor to postpone utilizing the new code and
there's just a lot of complications going backwards. So I, myself, I'm not
comfortable with passing this through today and I can't be supporting it in its
current state. But I know that with continued dedication and conversation, there
are opportunities. I mean, there must be, right, for us to mitigate these issues, find
the commonalities, overcome any public perception of mistrust, essentially, is
what we're kind of working with here. So how do we find those solutions within
the context of a very complicated document? So thank you for allowing me to
ask those questions.
CHR. DAVID: Thank you. Mr. Inaba, and then I'll go to Mr. Chung.
MR. INABA: Mahalo. The question was asked, and this is going to be the third
time it's asked. Specifically to the sheathing, has there been evidence specific to
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Hawaii County Council-18 July 7,2021
the sheathing that those structures, those homes, are standing more so, more often,
in comparison to those without after a natural disaster?
MR. CARDEN: I mean, I'll respond to that. I don't have that data specific. So
that's why my coming is more on a general in adopting more modern codes. You
know, the evidence is showing a reduction in losses and a savings of money. But
I can't speak to that specific sheathing one because it hasn't been in the model
code for many years.
MR. INABA: Got it. Thank you. And just to confirm, this is a set of codes that
was started from the national level, brought down to the state level, the state did
make their own amendments to this, right? Neil, can you answer these questions?
Sorry.
MR. TANAKA: Yes. The state did make amendments to this code.
MR. INABA: Okay. And when it did come down to us, we also made
amendments?
MR. TANAKA: Yes, we made amendments.
MR. INABA: Okay. And what were the qualifications or criteria that kind of
guided whether we added, took out, or changed codes once it came to us from the
state?
MR. TANAKA: So the amendments, as we moved them forward, were based on
the allowances of the HRS. And HRS 46.5-13 specifically talks about what we
can or cannot do with regards to our understanding of relaxing that code. And so
generally it was a lot of amendments for clarity, for consistency, among the codes.
MR. INABA: So based on that HRS, this part about sheathing which is just a
reoccurring conversation would not be allowed to be amended?
MR. TANAKA: No. Based on our understanding of not relaxing the code, no.
MR. INABA: Okay. Alright, that's all I have for now. Thank you.
CHR. DAVID: Thank you, Mr. Inaba. Mr. Chung, go ahead.
MR. CHUNG: What was that again?
MR. TANAKA: Our understanding of HRS 46.5; and this would probably be
better for Corp. Counsel to read is, giving us the allowances or guiding us of what
kind of amendments can be made. But generally,paraphrasing talks about not
defeating the intent of the State Code. And with a mono code being the minimum
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Hawaii County Council-18 July 7,2021
standard, by relaxing it, would be defeating the intent. That's at least our
understanding.
MR. CHUNG: Just your understanding, though? Okay. And do we have a
deadline to pass this piece of legislation?
MR. TANAKA: Speaking to the deadline, we have a self-imposed deadline based
on the State Building Code Council and our action to not adopt this code
expeditiously, or at least on time as required by HRS
MR. CHUNG: Yup.
MR. TANAKA: Right. At the time, I think I spoke about this at committee. The
State HRS requires the State to adopt the code two years after publication date.
The State Building Code Council, we hadn't adopted it until 2019, August, of
which generally the clock would start, right?
MR. CHUNG: I mean, this is all dizzying to me. So just, do we have to pass this
by a certain date or something will happen?
MR. TANAKA: So as I mentioned, we did a self-imposed deadline of August
31st, based on the HRS. However, if we don't do this, then we will revert to an
un-amended State Building Code 2012.
MR. CHUNG: Correct. So when is that deadline?
MR. TANAKA: That's passed. The 2012 code has passed. So unless we move
forward with this, we would fall back to that.
MR. CHUNG: But it's already passed though.
MR. TANAKA: Correct. So we dip by default.
MR. CHUNG: So what are we doing then?
MR. TANAKA: We're trying to adopt the 2018 code and fall forward with
regards to timelines.
MR. CHUNG: So this will trump?
MR. TANAKA: Correct.
MR. CHUNG: Okay, okay. And what is the deadline? You only have a self-
imposed deadline though, right, of August? So we have a little bit more time.
MR. TANAKA: We do.
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Hawaii County Council-18 July 7,2021
MR. CHUNG: A little bit, little bit more though, right? I mean, I just want to
make sure if we have some latitude here. I don't want to delay this thing
anymore. But if we needed to, we could have a little bit more time?
MR. TANAKA: This is a discussion to have further with our administration and
Corporation Counsel. But generally, yes.
MR. CHUNG: A little while. Okay. Now the next question I have is, you know,
under HRS 201H, would building code requirements be exempt or would they be
subject to exemption?
MR. TANAKA: So I'm not well versed in the exemptions as allowed per 201H.
However, the experience I have with 201H is generally the developers who do
come in to utilize that HRS for affordable housing are looking more for
exemptions of planning requirements and or fees.
MR. CHUNG: Right.
MR. TANAKA: So to answer your questions with regards to building codes,
generally those developers aren't willing to make those concessions to make
anything less than the minimum standard.
MR. CHUNG: I see. Well, Zendo, do you know whether building code
requirements could be exempt under 201H? Anybody here know?
CHR. DAVID: Ms. Kimball, could you put your mic on,please? Thanks.
MS. KIMBALL: I'm sorry. Council Member Chung, I don't think so. I mean,
the building code is the law. The primary 201H has to do with planning related.
MR. CHUNG: Yeah. I'll just read this thing though, okay? And it says, "Shall
be exempt from all statutes, ordinances, charter provisions, and rules of any
government agency relating to planning, zoning"—and this is the tricky one,
"construction standards for subdivisions." Yeah, so I don't know if that means
MS. LEE LOY: Chair?
MR. CHUNG: So maybe they mean like the roads and stuff like that—
MS.
hatMS. LEE LOY: Roadways, yeah
MR. CHUNG: Okay. Alright. But we're not 100 percent sure, right? Okay,
nobody can say they're 100 percent sure, right? Okay, because I don't know but
maybe now I'm going to segue back into the liability issue. I agree with Judge
Strance in that it really depends. This is not an easy question to answer as to
whether we are liable or not. But, you know, she did make a statement about if
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Hawaii County Council-18 July 7,2021
we go to a reduced standard then we possible may be exposing ourselves to
liability. But I would qualify that. And this is only my opinion now, right?
But if something is codified and we lessen the standard in application, of course
we expose ourselves to liability. But in a situation like this where we're looking
at legislation and we don't adopt something, that might be looked upon as a
minimum standard or whatever. It would fall under our discretionary powers.
We have that power. And I think it's kind of like understood in the law that as
long as we're exercising that discretionary power, we're okay. They still will sue
the County of course. But whether they're going to get a judgement, that's
another story. Because let's say we go with a lower standard or take away
something that's being recommended and a house goes down, now do we expose
ourselves to liability, yes. But let's look at it conversely. Let's say we adopt the
standard and a house goes down, are we liable, too? I don't know. You know, it
works both ways. There's no guarantees in life.
But we are here as the policy making body. And if we want to advance a certain
policy, affordable housing, then we have to seriously look at what we can do,
reasonably, to make that happen. And right now we're looking at a period of
escalading construction costs, how can we, within our powers, kind of put the
brakes to that? I mean, we cannot control labor costs, well we could somehow, I
guess. But we can't control material costs. But we control legislation. So this is
a tough one. It really is because I don't know what the effects of a lessening of
the standards would be for FEMA recovery. It just really is difficult. We don't
want to make a misstep on this.
But I do know for a fact without having any statistics available to me, that an
overwhelming majority of the homes on this island do not have sheathing. So
what happens now is we are creating a different class of homes that came online
later that have to put up sheathing, are required to do so. And we don't want to,
you know, create an unsafe situation for any of our residents. But there has to be
a balance. And with regard to national standards, those things are really good, but
I deal with child protective services, I'm not a real big fan, you know. Because
what may work for people in the mainland might not necessarily work for us over
here. But that's all I got to say. I'm probably going to come up with something
but I've really got to talk it out with the department. I know you guys are not
enamored of this idea and probably not going to support it. But I need the
technical expertise if I am to put something forward because I cannot do it on my
own. If I do it, it's going to come out all screwed up. I mean, I hate to say it,
yeah. So that's all I got to say. Thanks.
CHR. DAVID: Thank you, Mr. Chung. Ms. Lee Loy, wrap it up.
MS. LEE LOY: Yes. Thank you. I really appreciate the conversation which is
what Aaron wanted to bring forward. I actually wanted to start with the 201H and
the affordable housing. My understanding, it is a tool to relax the infrastructure
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Hawaii County Council-18 July 7,2021
costs that go into subdivisions. So the road standards, the sidewalk standards, and
reducing that down to a minimum exempting them from front and side yard
setbacks. Just other things where you could create more density on a smaller
piece of land and go vertical with more units. That's how affordable housing
truly becomes affordable, is taking those very expensive costs out of the equation.
Related to affordable housing, and this is some area, Mr. Chung, that I've already
been looking at. City and County of Honolulu has defined within their
construction codes an area specifically for affordables which maintains the
minimum standards but provides a sharp pencil, as Mr. Tanaka spoke of. And so
I've already begun to look at that. So within our Chapter Five, we have different
sections, A, B, C, D, E, F, G. I'm hoping H could become that prescriptive
pathway where everybody who agrees to affordable or attainable housing would
jump in that lane and then it would have a very sharp pencil on developing that
housing. Because I also think there is a mindset that we need to break when it
comes to affordables. We have to consider housing and what the bare minimum
is. When it comes to a house, do we really need a garage? When it comes to a
house, do we need all the cabinets and countertops? That's where we start saving
costs on building housing. And so that's my thoughts around what we're all
trying to get through.
I did want to also have Judge Strance speak to the issue about our self-imposed
deadline, what that looks like. Because we have had conversations, myself and
Dalilah, on what happens if we don't move Bill 44 forward, what happens as far
as what code moves in, which is the 2012, which is un-amended. And I printed
up the estimated cost of the changes to the 2012. It's all right here. It's a lot if we
don't adjust. And so this idea of an ounce of prevention is a pound of cure, we're
trying to balance those costs also. So if I can call Ms. Strance forward or Dalilah,
especially around the timing of the adoption of Bill 44 and what our remedies are
around delaying it beyond the August deadline, what we'll be faced with.
Because I don't think we're actually going to get what we want when we don't
move something in that at least we had an opportunity to adjust for Hawaii
County. So go ahead, Dalilah.
MS. SCHLUETER: Council Members, Dalilah Schlueter, Deputy Corporation
Counsel. As has been discussed, there was a decision to give the County an
administrative pause regarding bringing in the codes that are discussed within
Bill 44. Actually, excuse me, let me step back. There was an administrative
pause regarding bringing in the codes under the 2012 codes which would have
been due November of 2020. At that point and time, without this administrative
extension, our County would have been in default and would have defaulted to the
State code, un-amended by the County, which was under the 2012 code. So at
this time, Bill 44 is obviously regarding the 2018 codes and that was a decision by
the department and does encompass the—it would put a cure in versus going to
the 2012 code.
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Hawaii County Council-18 July 7,2021
So that administrative extension that the County gave itself was till August 31, 2021,
coming up here. Failure to move in a new code, amend and except a new code,
would mean that the County is in default and will default to the 2012 code, which is
the current state code and it would be un-amended by the County. So that's our
consequence. I don't know if we want to call it consequence, but that's going to be
the result of not moving an amended code in by our administrated self-governed
deadline of August 31 st
MS. LEE LOY: Thank you, Dalilah. And the challenge there was, leading up to
November 2020 we were working hard to amend it. But the focus became very
different during COVID. And so this was basically a business decision from the
administration and from the department to put our energies where it was best
utilized, which is if we're going to have to pick up the '18, we might as well focus
there. This would give us the longest opportunity to use the code, which is the 2018
code. We know that we're moving in EnerGov. We would have opportunities for a
lot of training, a lot of inspection. Because the next iteration that's coming forward
would be the 2021 code and we would start this process all over again.
And so it really was around creating certainty rather that uncertainty. And so I'm
listening very carefully because I am incredibly passionate about housing,
specifically attainable housing and what that all looks like. The code is only one part
of everything that it takes to go into housing. We haven't talked about
infrastructure, wastewater systems. We haven't talked about applications for zoning.
These are all things that go into it.
A former colleague of ours, Pete Hoffman, who is passionate about housing trust
now commended us, that this is the most difficult thing to do, is move in
construction codes and it become a target for why we can't do housing when there's
so many other things that go into housing. I hear the bell. I'm looking forward to
what might come forward because I'm open to it as long as we don't get below the
minimum which defeats the intent of the code. Chair, I yield.
CHR. DAVID: Dalilah, hang on one second. There's one question, if I can ask it. I
thought, it's not my turn. But what is the requirement in for sheathing in the 2012?
MS. SCHLUETER: Based on my discussions with DPW, and Neil may be able to
answer better, the sheathing is in the 2012 code.
CHR. DAVID: Ms. Villegas, go ahead. And Council Members, I just want to
remind you that we have two people waiting so if we could keep it short on video for
the communications. So go ahead, Ms. Villegas, go ahead.
MS. VILLEGAS: Okay. Quick question for you, Dalilah. Thank you so much.
You basically said we would revert back to the 2012 code if this does not get moved
forward.
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Hawaii County Council-18 July 7,2021
MS. SCHLUETER: It wouldn't be reverting back to it because we have not been
under the 2012 code previously. Currently, the code that's being enforced is the
2006 code, so we would default to the 2012 code,which is a current state code
excuse me, as amended by the state.
MS. VILLEGAS: It's my understanding that we have Bill 179 in place that would
then be connected to the 2012 code, which is relevant to our county.
MS. SCHLUETER: I'm going to ask Neil to speak to the technical portions of that.
MR. TANAKA: Yes, we have Bill 179, or current Chapter 5; subchapter 5A. That
has our current building code, as written, which is the IBC-2006. However, with the
default to the 2012, that code would trump that ordinance.
MS. VILLEGAS: Okay. Is it accurate to say that rule making has been used for
years to circumvent the code? Chapter 91 is about rule making.
MR. TANAKA: DPW doesn't have rules. All of our ordinances is how we, at the
department, operate. So I'm not sure I follow your question.
MS. VILLEGAS: Okay. I guess just after all the research and the information that's
been provided to me, I would like to make a motion to postpone Bill 44. I feel that
there are too many questions that have been unanswered and need to be confirmed.
I, myself, am not comfortable even with the statements about self-imposed deadlines
and there's too many questions about the legality of that in my mind. So in order to
move forward with a more clean opportunity at this, I personally don't believe in the
deadline of October 31" as being valid. And I think whether or not we made
mistakes in self-imposed or what not in the past, I think it's wise for us to postpone
Bill 44 today and take some more time to work collectively on solutions.
CHR. DAVID: Thank you, Ms. Villegas. Before you entertain that, I'm going to go
to Ms. Kierkiewicz and Ms. Kimball.
MS. KIERKIEWICZ: Thank you, Chair. I just have three things.
CHR. DAVID: Thank you.
MS. KIERKIEWICZ: The sheathing discussion has come up a lot. We've asked for
instances on the mainland where this has been helpful_ If at the next meeting you
can provide Hawaii, specific, Hawaii County specific data related to this topic, that
would be helpful, Neil. Thank you.
The second thing. I'm glad Council Member Villegas brought up the impact of
Bill 179. I'd like for there to be an official legal opinion on that matter. Dalilah,
Corporation Counsel, thank you. And then earlier, Judge Strance, you mentioned
making sure that we make a responsible decision as it relates to potential disasters
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Hawaii County Council-18 July 7,2021
and FEMA reimbursement. I don't want to muddy the waters with that. And I bring
that up because I don't recall during the 2018 eruption, any property owners not
getting any FEMA funding because their homes were or weren't permitted. And so I
just mention that because I don't think that's accurate. And I think I see a former
Civil Defense Administrator Darryl Oliveira there and I know that he has also had
experience with tropical storm Iselle and might be able to provide, if we are
interested, information on that topic. But just wanted to make those three points.
Thank you, Chair.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Ms. Kimball.
MS. KIMBALL: Thank you. I'll definitely be supporting a postponement as well. I
had a number of editorial things that I wanted to discuss with you. So if we could
meet on that, let's soften the tip on some of the discussion today. Just want to ask
for a legal opinion on the—what is the legal basis for the administrative pause and
do we have any ability to extend that administrative pause?
MS. STRANCE: This is Ms. Strance, Corporation Counsel. My understanding of
the administrative pause was that it was the result of an interpretation that under the
COVID emergency procedures that certain state statutes could be amended or could
be suspended if there is a nexus between the inability to perform that state function
and COVID. And so as we're winding out of COVID, I'm not sure what the
immediate plans are for extending the emergency orders but there are differing
opinions on how far that proclamation goes. And there is one opinion that is if the
department can articulate and demonstrate and document the nexus between COVID
and the inability to meet deadlines or to impose a pause, that that's within a
department or Mayoral discretion.
There is another interpretation of the emergency proclamation that is the Counties
have that authority but it's delegated to the Mayor and the Mayor has to act. And
there's been no legal challenges either way to those opinions. The attorney general's
office has advised us that if we are able to articulate a nexus and we document that
nexus, then that is something that's inherit within the authority of the County
Government. And there's the language of Chapter 127A that could be interpreted
differently. And so it appears that the, you know, even though there was a request to
the governor's office to extend the deadline because of COVID, it's not clear that the
Governor said no because you can't or whether the Governor says, "No, that's not
my kuleana." And so the department acted. And hearing the comments of Council
Member Lee Loy about the change of focus given the resources we had during the
heavy onset days of the pandemic, you know, that decision was made and that nexus
was articulated. So I want to be very careful about using the emergency
proclamation as a reason to not perform governmental functions when we're saying
on the other hand, we don't have an emergency anymore. So there may be residual
types of effects. But I think we need to be very careful about drawing that nexus.
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Hawaii County Council-18 July 7,2021
I would have a request of Council Members get in the broad discussion today and
people thinking about amendments and as you're thinking about them can you please
advise our office what they are and if you have legal concerns about them, I think
it's been articulated that there's some complexities around this. And we want to be
able to give you the best advice that we can. And that is sometimes a function of
time.
MS. KIMBALL: Thank you as always, Judge Strance, for your very thoughtful
response. You know, clearly this is a very complex bill. I don't like that there's this
feeling of being under the gun with it, especially. I do understand, you know, folks
in the building community that it would be particularly burdensome to cycle from
one code, go to another code. So I still think there's an argument potentially as
undesirable as it might be to say that, "Okay, because of COVID, the department
weren't able to get together, we weren't able to"—I think you could still draw that
nexus that COVID impacted our ability to address this by the deadline that was
initially provided. I think that's risky, insensitive, but I don't like this idea that
we're under the self-imposed deadline and clearly we all need more time. There's a
lot more I have to say about affordable housing but I won't go into that now in the
interest of time. Chair, I yield.
MS. STRANCE: I'd like to make sure too, though, it's not like this artificial self-
imposed deadline and it may be a real deadline. I just want to be clear about that
as well.
CHR. DAVID: Thank you very much. I think I'm going to end discussion
because I believe there's an intended motion. And I think we need to do that
because we have two people waiting on the lines. Thank you. Go ahead,
Ms. Villegas.
Motion to Postpone: Ms. Villegas moved to postpone Bill 44 to July 21, 2021.
Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Ms. Lee Loy—on the postponement.
MS. LEE LOY: Thank you, Chair. Speaking to the amendment. I'm going to
actually be supporting this because when we actually put this in the pipe we
actually built in two committee readings. And so we're actually going to stay on
track while everybody can go get their questions answered from Corporation
Counsel. Because there's another question that I want to ask and I'll ask that
about how the adoption deadline happens while implementing it for the publics
use. So there's some other questions that I do want to ask. So I am going to be
supporting the postponement to the next committee agenda. But I'm going to ask
Director Rodenhurst to go meet with everyone and hear their concerns because
this was something I asked. I asked when the draft of 44 was going out, to go talk
to everybody about their concerns. And so now we're here. Chair, I yield.
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Hawaii County Council-18 July 7,2021
CHR. DAVID: Thank you, Ms. Lee Loy. Mr. Inaba.
MR. INABA: Yeah, I just want to kind of echo that last thought Sue said because
obviously we cannot talk to each other and we're all going to be talking to you or
some of us might not. I don't plan to because you're going to get barraged. But I
do hope that we can get the information that would help us to make an educated
decision if this is really good for us, prior to that July 21"meeting. So I'll leave it
at that.
CHR. DAVID: Thank you, Mr. Inaba. And on that, on the postponement, all
those in favor of postponing this matter to July 21, 2021, Council meeting, please
say "aye."
Vote on Motion The motion to postpone Bill 44 to July 21, 2021, was
to Postpone: carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
CHR. DAVID: Mr. Chung, go ahead.
Announcement: MR. CHUNG: Yeah,just as a matter of personal privilege. And I know you have
to split to check out of your hotel so, you know, I was going to save this till the
end of the agenda but I'm not going to be here, I think, after 3:00 and it looks like
we're going to go over. It's probably an opportune time to make this statement
just like you did with your friend Haunani Trask.
You know, we all know about that Florida condo collapse, right? And, you know,
there's one boy from Hawaii, HPA (Hawai`i Preparatory Academy) 2018 grad.
Ilan Naibryf, who's caught under that rubble. You know, we pray as much as we
can but, you know, it doesn't look good. You know, from all accounts, from
everything I've heard about this young man, one of whom came from my son,
who competed against him in both soccer and track, and who told me this even
before all of this happened. He singled out Ilan Naibryf as being a real good guy,
just a super, super, good guy. And, you know, when you're in the heat of battle,
you know, all kinds of bad stuff happens, right? But he said this guy is a
gentleman, he's a class act all the way.
So I'm just, you know, if we could somehow, when we have some time, give a
little prayer for him and his family and everybody else who's caught in that. You
know, and it makes us think about really the meaning of life. How come bad
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Hawaii County Council-18 July 7,2021
things happen to good people, right? I guess that's God's plan. So I had to make
that statement. Thank you for giving me the latitude.
CHR. DAVID: Thank you so much, Mr. Chung. We really appreciate that and
sentiments shared deeply. Okay, Mr. Clerk, could you take those two reports
because I believe they're on our Zoom, still, I hope. It's Report FC-45.
REPORTS: The Chair directed the Council to proceed to the next order of business,
Reports.
FC-45 NOMINATION OF DONALA KAWA`AUHAU TO THE SALARY
(Comm. 285): COMMISSION
Vote on FC-45: Ms. Kierkiewicz moved to adopt Finance Committee
(Adopted) Report No. 45. Seconded by Ms. Lee Loy and carried by
the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
PC-20 NOMINATION OF SHANI ARMBRUSTER TO THE LEEWARD PLANNING
(Comm. 279): COMMISSION
Motion to Approve: Ms. Kierkiewicz moved to adopt Planning Committee
Report No. 20. Seconded by Mr. Richards.
CHR. DAVID: Any discussion?
MR. INABA: Yes.
CHR. DAVID: Thank you. Mr. Inaba, go ahead.
MR. INABA: Aloha, Ms. Armbruster. Thank you for joining us
today. Are you able to hear us?
(Note: At this time, Nominee Shani Armbruster came forward to address
the members of the Committee.)
MS. ARMBRUSTER: Hi there.
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Hawaii County Council-18 July 7,2021
MR. INABA: Aloha. Since our last meeting, I did ask what cultural groups you
were part of and you said none. At this time, to you have any intention to join or
be a part of any cultural groups in the West Hawaii community?
MS. ARMBRUSTER: You know, yes, I actually am very interested in exploring
that side of the history and the culture of the island. I haven't had the opportunity
to narrow it down to anything specific at this point. But, absolutely, it's
something that I need to strengthen my knowledge on and I look forward to doing
that.
MR. INABA: If confirmed, what do you feel you owe the people of West
Hawaii?
MS. ARMBRUSTER: Well, I think I owe them my effort and attention and
willingness to listen to a variety of opinions and positions, and then make my best
judgement based on that
MR. INABA: And is your judgement affected by,you know, who you work for
being in that field of development?
MS. ARMBRUSTER: No. Absolutely not.
MR. INABA: Because it's come to my attention, one of my constituents called
last night, explaining that someone you work for, there's a potential planning
complaint filed with the planning department. And I'm afraid that you working
for someone who's going perhaps have complaints come through periodically
through the Leeward Planning Commission, what affect is that going to have on
your decision making?
MS. ARMBRUSTER: I mean, I believe if it's something I am personally
involved in, I would need to likely recuse myself. But I have relationships with
many people. Unfortunately, you don't always agree with what everyone does
and that really can't ultimately impact your decision going forward. You have to
make your best decision based on all the information you have.
MR. INABA: And how did you come to apply?
MS. ARMBRUSTER: A vacancy was mentioned by one of my acquaintances
and I've been meaning to get more involved in the community for quite some
time, and it was one of those things that I always just procrastinated a little bit.
And this seemed like it was such a good fit for my knowledge and experience and
background and I wanted to volunteer.
MR. INABA: And does that person, that acquaintance work for the County?
MS. ARMBRUSTER: Nope.
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Hawaii County Council-18 July 7,2021
MR. INABA: Okay. You know, we received a few testifiers today, over
50 emails in opposition of your nomination. And I'm going to have to hold
steady with my vote from Committee. It's that I think you have a really good
heart, and we had a quick conversation after the Committee meeting. But for
what I can see on surface level, there is a lack of connection to, not just the
Hawai`i Island community at whole, but to the people of this land, who are rooted
in this land. And there's no record of connection there. And I do feel that there is
a slight conflict of interest with your employer being very connected to the
administration, and with potential problems coming through the commission. I
don't think this is a good thing for our County to have to deal with and for my
colleagues to be supporting today. So I'll be voting "no." Mahalo.
CHR. DAVID: Thank you, Mr. Inaba. Ms. Villegas, go ahead.
MS. VILLEGAS: Aloha, Shani. Thank you for being here again today and for
enduring the rigorous questioning, which is very challenging I know from being
in this position. But I can also testify that being on the Leeward Planning
Commission is even more intense because the impacts of the decisions made there
are so long lasting that there is very heightened concern right now, as exemplified
in 53 written testimonies and somewhere between eight to ten verbal testimonies
in opposition of your appointment to serve on the Leeward Planning Commission.
I would ask my colleagues who represent other areas of our island to take into
consideration the opinions being brought forward by the constituents who are
directly affected by the decisions of the Leeward Planning Commission. I know I
tried to do that when looking at the Windward Planning Commission and the will
of the people that their decisions impact. And for that reason today I would just
once again ask those that represent the other areas of the island to take into
consideration what we have been asked to do for them. And unfortunately, that
does not include your appointment to the Leeward Planning Commission. So I
won't be able to support this today.
But I do wish you the best. And I actually am very confident that you are going
to continue working in all kinds of positive and proactive capacities within our
communities. I just don't I think it's unfortunate that this is not a role that is
going to be most beneficial to your appointment on the Leeward Planning
Commission. With that, I yield.
CHR. DAVID: Thank you, Ms. Villegas. Anyone else? Mr. Richards, go ahead.
MR. RICHARDS: Thank you, Chair. And Ms. Armbruster, thank you so much
for putting your name forth. And I will be supporting you. I think it's important
that some of the critique that has been presented before was having people with
credentials that know what they are doing. And your resume speaks to that. You
have the credentials. One of the things that I think is interesting and I'm curious,
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Hawaii County Council-18 July 7,2021
in New Orleans, we're talking about the shoreline encroachment. And New
Orleans has been struggling with that for quite some time. So I'm willing to bet
that you can bring some perspective on that as we go forward.
I think the engagement with the community, and with all due respect, Mr. Inaba,
she has engaged with the community on several levels that I think shows, and you
spoke to having a good heart, and I believe this candidate does. And going
forward, a comment was made during our testimony that we have to be careful,
Waikiki isn't what it could've been. I completely agree with that. I think Big
Island has a rare opportunity but it's going to take planning. We're going to need
people with the credentials that know how to plan to go forward. I've always said
that if we don't plan we're going to look like some of Maui. If we really don't
plan, we'll look like Honolulu.
So I think we need more than ever,people with the credentials to lead us forward
and start taking some of this on. And so, I look forward to supporting you. I look
forward to working with you and seeing, as we have conversations going forward,
how things may affect all of our County. And I think you can bring that
perspective to us. Thank you, Chair. I yield.
CHR. DAVID: Thank you, Mr. Richards. Ms. Kierkiewicz, go ahead.
MS. KIERKIEWICZ: Thank you, Chair. Ms. Armbruster, I just wanted to
continue to voice my support for your nomination to this particular commission. I
was impressed by you at Committee, and really do believe that you are going to
bring your experience and just a willingness to engage community to this work.
And at the end of the day, I really truly believe that you stand for responsible and
sustainable growth. So I will continue to support your nomination. Thank you. I
yield.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Ms. Kimball, go
ahead.
MS. KIMBALL: Thank you. I have to say I was a little surprised by the
Committee vote. When the questions were asked of the candidate, I didn't get
any indication how my colleagues might vote, and then when it came to the vote,
there were kanaluas. I certainly respect all of my colleagues from the west side
and their concerns about the candidate and the concerns being put out there by the
testimony. There are two things that I think are important. One is that there
remains another position on the Leeward Planning Committee at large, a
North-South Kohala position. And after the vote last time I did call Pomai, I
don't know if she's still around. But I wanted to say first of all to the
administration, you need to do a better job of working with the legislative branch
on these appointments and communicating intentions. Because when they're not
communicated, they're assumed, and I think a lot of that is happening.
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Hawaii County Council-18 July 7,2021
The other thing, you know, listening to reading the opposition to this candidate
and I know we're not supposed to the proposal was an alternative. I care
probably first and foremost about fairness and I cannot get over the gut feeling
that it is not fair to exclude a capable candidate when there's another position
open that could be filled by a candidate that is also desired by the community. I
think that the administration, the Mayor, Pomai, should hear the concerns raised
by the testifiers today, and all of the email communication we got, when
considering how they're going to fill that additional seat on the Planning
Commission. Clearly, there's a concern about cultural understanding over
building. If I believed, and I have to say this very sincerely, if I believed that this
candidate for the commission was going to go ahead and destroy all of our natural
resources, I could not possibly get behind it. I just don't feel like it's fair or
reasonable to make that assumption.
I also want to just emphasize the role of the Planning Commission, per the
Charter, is advisory. There is not one person that could be appointed to that
commission that could completely destroy things. That falls on us. I mean, we
are the legislative branch, we write the laws, we approve things based on the
recommendations that they give us. But we have the opportunity to completely
ignore those recommendations. They are an advisory position.
Finally, I'll say, having had discussions about climate change, adaptation, and
mitigation, with both R and D (Department of Research and Development) and
the Planning Department, we are so incredibly far behind with hazard mitigation.
And the idea that we could bring somebody onto the commission that has direct
expertise in that field; expertise matters. And I feel like, Ms. Armbruster, brings
an important level of expertise to the commission. And I know that this will
disappoint some of my colleagues, and I know this will disappoint some folks out
there. If I believe this would genuinely mean all of our beaches would be built up
and there's be no more public spaces, I would not support it. But I don't think
that is the direction that this could even possibly go.
So I apologize for taking so much time, but I wanted to make sure I explain fully
my position to my colleagues on the west side. I think that this is an important
addition to the commission because of her expertise. And then I would also just
to Pomai and the Mayor, get your shit together for the next nomination and listen
to these folks at what they're asking for, and do your homework talking to the
west side Counselors and getting them on board with your picks. I apologize for
my language but I'm feeling a little passionate right now. Thank you, Chair.
CHR. DAVID: Thank you, Ms. Kimball. Anyone else? Perfect timing, your
buzzer went off. Mr. Inaba, could we
MR. INABA: Real quick
CHR. DAVID: Yes,please.
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Hawaii County Council-18 July 7,2021
MR. INABA: And I just want to speak again to Ms. Armbruster's education and
background and how, you know, if confirmed today which it seems you will, I
hope you use that not for the idea of urban development, but to go more so along
the lines of the work you did in maintaining and restoring in New Orleans. It is
an advisory commission, but you also make decisions that we don't see here at the
Council. And it ends with you. So that weight is with you. And I probably
couldn't say it any stronger than how Heather said it, but I have voiced and made
recommendations. And for the record, I want my constituents to know that those
recommendations continue to be ignored. So it would be wise and helpful,
perhaps, if we can work together as Council Members of the west side and as an
administration, to figure out these nominations and get people who are actually
representative, not to say that you're not, Ms. Armbruster, but to bring that
perspective that we are looking for.
CHR. DAVID: Thank you, Mr. Inaba. And—okay.
MR. KANEALI`I-KLEINFELDER: I'll be quick.
CHR. DAVID: Please. I'm going to have to take a recess.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I will be voting along
with the concerns of the community and with the Council Members for the west
side of our island today. And I just think it's important for us to recognize each
other's districts and each of our different community concerns and address them
when we have the chance, and to do our due diligence when it comes to what
different bodies do within the County and the importance of each body. Thank
you for the latitude, Chair.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Ms. Villegas.
MS. VILLEGAS: Just a quick comment. And thank you again, Ms. Armbruster,
for enduring the process. Thank you to my colleague, Ms. Kimball, for your
passionate expression of some of the kukai that is all too prevalent while in public
service. It's really challenging, it's frustrating, for myself personally and
professionally to have passionately spoken about—and I just have to point out the
irony of it being utilized—and this I guess a direction to the administration. It
was something brought up in other appointments for the Leeward Planning
Commission. I really feel that much of the passionate opposition coming from
constituents of the west side is due to the number of people being put on the
commission and their areas of perceived expertise or lack thereof. And to change
the story about the needs for expertise based on the person being assigned just
makes it really challenging as a Council Member representing the district I
represent to be able to trust and honor that those appointments are truly being
done in the best interest, and don't include nepotistic or ulterior motive kind of
things.
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Hawaii County Council-18 July 7,2021
So I just have to honestly say that's my challenge in representing the people that I
am tasked to represent and their concerns about, you know, our current
appointments and some of the ironies that have been experienced in the last few
months. So with that, I yield.
CHR. DAVID: Thank you, Ms. Villegas. And I'm going to
MR. RICHARDS: Quick.
CHR. DAVID: Please, Mr. Richards, I have to check out.
MR. RICHARDS: Okay, you know what. I can
CHR. DAVID: Thank you.
MR. RICHARDS: Just want to remind that District 9 is west side.
CHR. DAVID: Thank you for that. And seeing no other comments,
Ms. Armbruster, I would like to really thank you for your patience today while we
dealt with other businesses just as important as your nomination. And I really
want to express that I don't have much to say more and thank you for your
discussion at committee and for your expressions and answering my questions
during the committee hearing. And so, in that respect I have to humbly say that I
have not changed my position. But I do wish you the best of luck and hope that
you take to heart the issues that are very important to this island. So on that,
Mr. Clerk, could you please do a roll call vote.
Vote on PC-20: The motion to adopt Planning Committee Report No. 20
(Adopted) was carried by the following roll call vote:
Ayes: Council Members Chung, Kierkiewicz,
Kimball, Lee Loy, and Richards —5.
Noes: Committee Members Inaba, Kaneali`i-Kleinfelder,
Villegas, and Chair David—4.
Absent: None.
Excused: None.
CHR. DAVID: Congratulations, Ms. Armbruster. And thank you again for your
patience. And also, Ms. Kawa`auhau. On that note, Council Members, I'm going
to recess for lunch. And we are due back here at 2:00 p.m., okay. We're in
recess. Mahalo.
Recess: At 12:48 p.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 2:01p.m.
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Hawaii County Council-18 July 7,2021
CHR. DAVID: Aloha, everyone and welcome back. I'm calling this Council
meeting out of recess. And Mr. Clerk, can we please take one more item out of
order. And before we do, I need to note that Council Member Lee Loy is going to
be a few minutes late and also Council Member Chung. So now we can proceed
please to Bill 34, second and final reading,please. Thank you.
Bill 34: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
(2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT
CLASSIFICATION FROM OPEN TO INDUSTRIAL—COMMERCIAL
MIXED —20,000 SQUARE FEET (MCX-20) AT PIOPIO, WAIAKEA,
HAWAII, COVERED BY TAX MAP KEYS: 2-2-001:008, 017, 018, 019, 024,
030, AND 034 (Applicants: M. Anderson and N. Pi`ianaia Trusts; and Kapoho
Properties, LLC) (Area: 3.29 acres)
The Windward Planning Commission forwards its favorable recommendation and
concurs with the Planning Director's request to approve the removal of the
affordable housing condition (J). The applicants are proposing to consolidate and
subdivide the existing seven separate parcels into four separate parcels. The
property is located at Old Hilo Iron Works property located at 1280 Kamehameha
Avenue.
Reference: Comm. 233
Intr. by: Ms. Kierkiewicz (B/R)
First Reading: June 2, 2021
Postponed: June 16, 2021
(Note: There is a motion by Ms. Kierkiewicz, seconded by Mr. Richards, to pass
Bill 34 on second and final reading.)
CHR. DAVID: Mahalo, Mr. Clerk. Ms. Kimball, I believe you made that motion
to postpone. Would you like to take the floor?
MS. KIMBALL: Sure. Thank you, Chair.
CHR. DAVID: Thank you.
MS. KIMBALL: And I just want to say thank you to my colleagues for giving
the space for some additional negotiations. We were unable to reach an
agreement, unfortunately. And I want to just take a moment to take responsibility
for that. I think, I'm going to still use the fact that I'm new. I think even though
it's been seven months, I think I can still use that. And just to say, you know, I
failed to communicate with the rest of you why this particular parcel was
emotionally significant to me. I actually spend a lot of time on the other side of
that looking at it from the river and with my family and my paddling colleagues.
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Hawaii County Council-18 July 7,2021
And so, I didn't communicate that level of interest. And I also didn't follow
procedure probably as well as I should have. And finally I'll say, you know, I
took a strategy of asking for more than I wanted hoping that we could negotiate
down. And I think that put people off from the beginning.
So I take responsibility for the failure to come to an agreement. I do hope that the
landowners and Mr. Yamanaka will continue to have conversations with us
outside of this particular process. And look forward to maybe finding a solution
outside of rezoning to keep some of this space open and accessible to the public.
And I look forward to working with the Planning Department to talk about what
we can do in the future to protect our stream areas and our river coastlines. So
thank you for all the education on this particular item. And with that, I yield.
CHR. DAVID: Mahalo for that, Ms. Kimball. Mr. Kaneali`i-Kleinfelder, go
ahead.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Thank you, Ms. Kimball.
That was well said. I'm going to go in the opposite direction though. I learned a
lot during this. And I've learned that—well, I've been learning for a long time
that water, water law, shoreline law, constitution, there's so much complexity
around land use, and shoreline access, public rights; and Hawaii law is incredibly
unique and complex when it comes to how we address public access and rights,
and for a good reason. What I think came down for me is being the priority here
is looking at when we have an area that from what I gathered would be considered
an estuary. And I've tried finding different standards.
I finally found a DOH (Department of Health) standard for water—description of
a waterway. I think that the Wailoa River or Piopio would be considered an
estuary, naturally existing estuary, both saline and freshwater mix. But what's
really interesting is that although we have the SMA (Special Management Area)
requirements, and the permitting and the process there. I don't see a protection
for the land, more so for the public and protecting future generations as far as how
we consider the land along those waterways. Albeit it's not a shoreline. It's
confusing. Whatever you might put out there. But at the end of the day we have
to look further down the line at what we want to see in the future.
And just looking at that and keeping it real simple at that level, I think we really
need to work on some ways of protecting all of our waterways and anywhere
we're abutting to, you know, water or a shoreline. And there's different ways of
defining that. But I just really feel like it needs to be addressed. And maybe not
here, maybe not today, but at some point in the future that has to be addressed.
I think, I'm just going to make a statement. In the case of zoning changes brought
forward by applicants. In circumstances like this, I do not feel like this is a
taking. And I've done my research here. I don't feel like this is a taking. But
more so this is a very unique property and parcel. And in looking at density and
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Hawaii County Council-18 July 7,2021
future use, I think it would be in our best behalf, as a County, that in doing a
zoning change from Open to Industrial-Commercial, or Open to Commercial, that
we require some form of setback. Not as a taking,not to eliminate economic use
of the property but merely to protect and preserve public access and create a space
for future traffic and future pedestrian right of way, in being good lawmakers.
And I've heard rumors that there's maybe something being worked on. But I
think that's the direction that we need to go.
And we talked about overdevelopment and things like that. And this is a way of
making sure that we create the spaces we want to see later on in life so our kids
can enjoy them as much as we did. But requiring that at the zoning level, it is our
purview as a Council to touch things that have to do with zoning. And in that
zoning amendment, and doing a condition on a zoning change, that's where we
step in. And in this case, I think the amendment that we brought forward was
well within our means. Maybe not each amendment. But the final amendment
that we came forward with, I think that was well within our right to say and to put
that forward. And although we couldn't find a common ground to stand on, I
think it's an incredibly important and maybe precedent-setting example to lead
this state, too.
And so I appreciate the time, Chair. I appreciate the discussion. Again, I learned
a lot in this process. I'm continuing to learn as we go. But this circumstance and
this unique parcel that came before us, everything just still leaves me wanting a
little bit more and wanting to make some changes as far as how we address this in
our County. So mahalo for everyone's time, to the Yamanaka's, to Garth, and to
Planning, as well as Corporation Counsel, and each of our Council Members here.
Mahalo for the time in going over this and having what we call the discussion.
But it's really a learning experience on how we address riparian rights, that kind
of thing, in the County of Hawaii. Mahalo, Chair. I yield.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing
none. Thank you. Mr. Yamanaka, I believe you're on. I just wanted to say—oh
there you are. Aloha. Good afternoon. I just wanted to express our thanks for
your patience and diligence in working this through with our Council Members. I
just really wanted to thank you before we move forward.
So Mr. Kaneali`i-Kleinfelder and Ms. Kimball, you bring up valid points, and
valid positions, and I see that, Mr. Kaneali`i-Kleinfelder, I see a vision in you as a
legislator in trying to create or draft some legislation that can actually speak to
what you're passionate about. So thank you for everyone's comments.
On that, Mr. Yamanaka, do you want to say anything before we take the vote?
(Note: At this time, applicant Garth Yamanaka came forward to address
the members of the Council.)
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Hawaii County Council-18 July 7,2021
MR. YAMANAKA: I just want to say thank you for the discussion and the
process. I really appreciate comments that came out of it. I really do appreciate
that. I think it was a very good discussion for everyone. Thank you very much.
CHR. DAVID: Thank you for your patience. Alright Mr. Clerk, on that note can
we do a roll call vote, please? Oh, I'm sorry. Mr. Richards, go ahead.
MR. RICHARDS: What are we voting on specifically? Are we voting on an
amendment or are we voting on the main motion?
MR. BROWN: This is the main motion to pass Bill 34 on second and final
reading.
CHR. DAVID: Thank you. Go ahead.
Vote on Bill 34: The motion to pass Bill 34 on second and final reading was
(Adopted) carried by the following roll call vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Richards, Villegas, and
Chair David—7.
Noes: None.
Absent: Council Members Chung and Lee Loy - 2.
Excused: None.
(Note: Mr. Richards and Ms. Villegas voted"kanalua,"then
Ic aye.
CHR. DAVID: Thank you, everyone. Okay, we can go to the top of our agenda
right now.
Comm. 306: REQUESTS APPROVAL OF A DONATION OF 1,000 LOAVES OF BREAD
From Finance Director Deanna Sako, dated June 17, 2021. The donation from the
Lili`uokalani Trust, valued at approximately $3,000, would be used by the
Department of Parks and Recreation's Summer Fun programs.
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to approve the donation
of 1,000 loaves of bread to the Department of Parks and
Recreation. Seconded by Mr. Inaba.
CHR. DAVID: Discussion? Mr. Kaneali`i-Kleinfelder.
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Hawaii County Council-18 July 7,2021
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Ms. Sako was here. I
would just, if the Council has any discussion regarding this this was waived to
Council. It's the acceptance of 1,000 loaves valued at$3,000 from the
Lili`uokalani Trust to the County of Hawaii Department of Parks and Rec.'s
Summer Fun programs. With that, if any Council Members have questions,
Ms. Sako is here to answer them.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Seeing no lights on, I
would just like to express our mahalo to the Lili`uokalani Trust for their donation.
On that, all those in favor of approving Communication 306 for the donation,
please say "aye."
Vote on Comm. 306: The motion to approve the donation of 1,000 loaves of
(Approved) bread to the Department of Parks and Recreation was
carried by the following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Richards, Villegas, and
Chair David—7.
Noes: None.
Absent: Council Members Chung and Lee Loy - 2.
Excused: None.
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
RESOLUTIONS: Resolutions.
Res. 141-21: APPROVES THE NOMINATION OF MEMBERS TO THE NATIONAL
ASSOCIATION OF COUNTIES (NACo) BOARD OF DIRECTORS AND THE
WESTERN INTERSTATE REGION (WIR) BOARD OF DIRECTORS
Requests the Council's approval of the following slates of officers: NACo—
Tommy Waters, City and County of Honolulu and KipuKai Kuali`i, Kauai
County; and WIR—Herbert M. "Tim"Richards, III, Hawaii County and Kelly T.
King, Maui County; for terms beginning on July 1, 2021.
Reference: Comm. 278
Intr. by: Ms. Kimball
Approve: GOREDC-14
Motion to Approve: Ms. Kimball moved to adopt Res. 141-21 and
Governmental Operations, Relations, and Economic
Development Committee Report No. 14. Seconded by
Ms. Kierkiewicz.
CHR. DAVID: Go ahead, Ms. Kimball.
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Hawaii County Council-18 July 7,2021
MS. KIMBALL: We just discussed this in Committee. A housekeeping
measure for NACo. Thank you again, Council Member Richards, for serving on
this capacity for the NACo board.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Resolutions 141-21, please say "aye."
Vote on Res. 141-21: The motion to adopt Res. 141-21 and Governmental
(Adopted) Operations, Relations, and Economic Development
Committee Report No. 14 was carried by the following
voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Richards, Villegas, and
Chair David—7.
Noes: None.
Absent: Council Members Chung and Lee Loy - 2.
Excused: None.
Res. 143-21: URGES THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT TO
ENSURE THAT DESTINATIONS TO WHICH THE COUNTY OF HAWAII
TRANSPORTS ITS RECYCLABLE WASTE FOR OUT-OF-STATE
PROCESSING ABIDE BY THE ENVIRONMENTAL STANDARDS
OUTLINED BY THE BASEL CONVENTION
Recommends that the County export its recyclable waste to locations that utilize
environmentally-friendly recycling processing programs that minimize adverse
impacts to humans and the environment.
Reference: Comm. 282
Intr. by: Ms. Kimball
Approve: RAWEEMC-11
Motion to Approve: Ms. Kimball moved to adopt Res. 143-21 and
Regenerative Agriculture, Water, Energy, and
Environmental Management Committee Report No. 11.
Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Ms. Kimball.
MS. KIMBALL: Thank you again, everybody. Ask for your continued support
on this, aligning ourselves with the State resolution and really just focusing on
the lifecycle of our waste and making sure that we include economic justice and
social justice in our decision making. Thank you.
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Hawaii County Council-18 July 7,2021
CHR. DAVID: Thank you, Ms. Kimball. Anyone else? Seeing none, all those
in favor of approving Resolutions 143-21, please say "aye."
Vote on Res. 143-21: The motion to adopt Res. 143-21 and Regenerative
(Adopted) Agriculture, Water, Energy, and Environmental
Management Committee Report No. 11 was carried by the
following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Richards, Villegas, and
Chair David—7.
Noes: None.
Absent: Council Members Chung and Lee Loy - 2.
Excused: None.
Res. 144-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR LEASES
FOR TWO COPY MACHINES FOR THE DEPARTMENT OF PARKS AND
RECREATION
Authorizes the Mayor to enter into five-year lease agreements with an approximate
total monthly cost of$205 for both copiers.
Reference: Comm. 283
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-46
Vote on Res. 144-21: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 144-21
(Adopted) and Finance Committee Report No. 46. Seconded by
Ms. Villegas and carried by the following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Richards, Villegas, and
Chair David—7.
Noes: None.
Absent: Council Members Chung and Lee Loy - 2.
Excused: None.
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Hawaii County Council-18 July 7,2021
Res. 145-21: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO
NEGOTIATIONS FOR THE ACQUISITION OF LANDS AND/OR
CONSERVATION EASEMENTS FOR ALL OR A PORTION OF PARCELS
IDENTIFIED AS TAX MAP KEYS 5-7-002:011, 5-7-002:027, 5-7-002:036,
5-7-002:037, 5-7-003:001, 5-7-003:002, 5-7-003:003, 5-7-003:007, 5-7-003:008,
5-7-003:010, AND 5-7-003:018, ALSO KNOWN AS MAHUKONA
PROPERTIES, SITUATED IN THE DISTRICT OF NORTH KOHALA IN THE
AHUPUA`A OF KAOMA, HIHIU, MAHUKONA, KAMANO, KOU, AND
KAPA`ANUI, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND
NATURAL RESOURCES PRESERVATION FUND
The County seeks to acquire the properties in whole or conservation easements to
preserve cultural, historic, and natural resources; facilitate public access; and
protect open space. The parcels, consisting of 642.4551 acres, were listed as the
number one priority for acquisition in the 2020 Annual Report of the Public
Access, Open Space, and Natural Resources Preservation Commission.
Reference: Comm. 284
Intr. by: Mr. Richards
Approve: FC-47
Motion to Approve: Mr. Richards moved to adopt Res.145-21 and Finance
Committee Report No. 47. Seconded by Mr. Kaneali`i-
Kleinfelder.
CHR. DAVID: Go ahead, Mr. Richards.
MR. RICHARDS: Thank you, Chair.
CHR. DAVID: You're welcome.
MR. RICHARDS: I had a great conversation with this. And going forward as
had been stated by Clerk, this is the number one PONC (Public Access, Open
Space and Natural Resources Commission) coming into this year, and it makes all
the sense in the world. You've heard testimony today and previously on this area.
A little bit different on how this will be administered but had conversations with
Hawaii Island Land Trust, and with Chadd Paishon, and I think we're definitely
seeking a way forward. Conversations with Corporation Counsel on how we will
be structuring this.
So I'm very optimistic. This authorized our County to go forward, and we have
to work out the details but I'm very confident it will be to everyone's benefit.
CHR. DAVID: Mahalo for that, Mr. Richards. Mr. Kaneali`i-Kleinfelder, go
ahead.
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Hawaii County Council-18 July 7,2021
MR. KANEALI`I-KLEINFELDER: I just wanted to mahalo Mr. Richards for
doing this. This would be an amazing acquisition for our County. That land has
extreme cultural and historical value, and it's a beautiful place on top of that. So
well done, Mr. Richards and I hope that everything goes as positively as can be.
Mahalo.
CHR. DAVID: Thank you. Ms. Kierkiewicz, go ahead.
MS. KIERKIEWICZ: Thank you, Chair. I also wanted to echo the sentiments of
my colleagues. Great job, Council Member Richards. I also want to mahalo all
the community members that showed up to testify at Committee and at Council
and to mahalo HILT (Hawaiian Islands Land Trust) as well as I believe Na Kalai
Wa`a for their work over the years to come up with these three management
plans. I just am so excited about the community-driven efforts around that. So
congratulations. I yield.
Vote on Res. 145-21: The motion to adopt Res. 145-21 and Finance Committee
(Adopted) Report No. 47 was carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Richards, Villegas,
and Chair David—8.
Noes: None.
Absent: Council Member Lee Loy - 1.
Excused: None.
Res. 152-21: APPROVES THE HAWAII STATE ASSOCIATION OF COUNTIES
PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR 2021-2022
Requests the Council's approval of the $227,783.85 proposed operating budget for
fiscal year 2021-2022.
Reference: Comm. 300
Intr. by: Ms. Kimball
Waived: GOREDC
Motion to Approve: Ms. Kimball moved to adopt Res. 152-21. Seconded by
Ms. Villegas.
CHR. DAVID: Go ahead, Ms. Kimball.
MS. KIMBALL: Thank you. Housekeeping measure again. The budget has to
be approved by the councils in each county. Just want to highlight that there is a
$10,000 revenue expectation from the conference, so please get on your request
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Hawaii County Council-18 July 7,2021
for donations and sponsorships for the conference happening in October. Thank
you. Chair, I yield.
CHR. DAVID: Thank you, Ms. Kimball. Anyone else? Seeing none, all those
in favor of approving Resolution 152-21,please say "aye."
Vote on Res. 152-21: The motion to adopt Res. 152-21 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Richards, Villegas,
and Chair David–8.
Noes: None.
Absent: Council Member Lee Loy - 1.
Excused: None.
Res. 156-21: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR LEASES
FOR FOUR COPY MACHINES FOR THE HAWAII COUNTY POLICE
DEPARTMENT
Authorizes the Mayor to enter into a five-year lease agreement with an
approximate monthly cost of$1,640 for all four copiers.
Reference: Comm. 307
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 156-21.
Seconded by Mr. Richards.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: This was waived out of Committees to
Council. We did have a Kelsie present, but I believe—she may or may not be
online still_ If she's not, I don't know that there's a lot of questions from the
Council on this. This is more extending the current copy machine lease and
replacingsorry, the older versions with newer models. I don't really foresee a
lot of questions on this item. But if there is, I would direct you to a Ms. Kelsie
Kailiuli. Mahalo, Chair.
CHR. DAVID: Anyone else? Seeing none, all those in favor of approving
Resolution 156-21, please say "aye."
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Hawaii County Council-18 July 7,2021
Vote on Res. 156-21: The motion to adopt Res. 156-21 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
Res. 157-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF
BUDGET AND FINANCE, PURSUANT TO HAWAII REVISED STATUTES
SECTION 46-7, FOR A GRANT TO THE OFFICE OF HOUSING AND
COMMUNITY DEVELOPMENT
Allows for the receipt of$600,000 in Federally-derived funds, which would be
used to implement a landlord mediation program to eligible households impacted
by the expiration of the moratorium on evictions.
Reference: Comm. 310
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 157-21
Seconded by Ms. Kierkiewicz.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: This was again waived to Council from
Committees. We did reach out to Susan Kunz and Sharon Hirota to confirm
attending today for discussion. I do not know if they're online. We did have a
long morning. I think we may have lost some folks along the way. This is an
incredibly important program though. I would mention that in light of impending
release on the moratorium of landlord eviction by the Governor. Although there's
no date set, I think this is an incredibly important tool that it sounds like we
actually may be required to provide to our community, and for good reason.
So I do apologize for not having either Susan or Sharon here, but if there are
further questions, we do have a bill that will have to readings as well, Bill 50, that
is accompanying this resolution. So I yield at that, Chair. Thank you.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Ms. Kierkiewicz, go
ahead.
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Hawaii County Council-18 July 7,2021
MS. KIERKIEWICZ: Thank you, Chair. I'm going to be supporting this
measure. HB 1376 (House Bill) was introduced by Rep. Troy Hashimoto on the
State side and it obviously passed because we're now receiving this direction
from the State. They're leveraging ARPA (American Rescue Plan Act) in order
to require mediation, and I just want to call out how progressive our County was
in this. I don't know if you recall when COVID hit one of the things I was able to
work out with Deanna was providing funding for a rapid response landlord-tenant
mediation program. That has been wildly successful and actually started as the
basis of this bill.
I do hope that we can get Administrator Kunz before us to provide information
about this because it's an incredibly important program, but also a great tool to
empower people to basically just message out what their needs and their issues
are. I think it's a great tool for all of us to have not in just this arena, but in life in
general. So thank you, Chair. I'll be supporting it. I yield.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Go ahead, Mr. Inaba.
MR. INABA: Could we have them be on by the time we get to Bill 50, please?
Somebody from Housing. So this $600,000, is that being paid—does anybody
have the answer to this?
CHR. DAVID: Director Sako is in the room.
MR. INABA: Oh, okay. Director Sako, if you would.
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council.)
MR. INABA: Thank you. The $600,000 here, it's going straight to the mediation
centers?
MS. SAKO: Correct. The State law was actually very specific as to how this
program would be carried out, so we have to hire a mediation entity to actually
carry out the mediation. So we actually have an RFP (Request for Proposals)
right now in anticipation of your approval,just to meet the extremely tight
deadlines that were laid out in the bill. So yes, the money will be going straight to
those mediation firms.
MR. INABA: Is that going to be split across the two centers here on this island?
MS. SAKO: Yes, two sides of the island. There's one in East Hawaii and one in
West Hawaii.
MR. INABA: And will they be reporting back how many mediations they
conducted. Are we charging a certain rate per mediation session, or are we just—
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Hawaii County Council-18 July 7,2021
MS. SAKO: I'm not sure how the final RFP went out. That may be something
that they can also propose back to us in terms of per session, or for such a period
of time. In addition they'll probably be encouraging people who will qualify to
also apply for the rental assistance program.
MR. INABA: Got it. Okay. Thank you very much. Chair, I yield.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else? Seeing none, all those in
favor of approving Resolution 157-21, please say "aye."
Vote on Res. 157-21: The motion to adopt Res. 157-21 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
Res. 158-21: DECLARES THE INTENTION OF THE COUNTY OF HAWAII TO
ESTABLISH A COMMUNITY FACILITIES DISTRICT, DESIGNATED AS
HAWAII COUNTY COMMUNITY FACILITIES DISTRICT NO. 1-2021
(KALOKO HEIGHTS PROJECT), TO AUTHORIZE FUNDING FOR
PRESCRIBED SPECIAL IMPROVEMENTS, TO AUTHORIZE LEVY OF A
SPECIAL TAX, AND TO AUTHORIZE ISSUANCE OF BONDS SECURED BY
PROCEEDS OF THE SPECIAL TAX
Declares the intent to establish a Community Facilities District for the purpose of
constructing an extension to the public sewer line to serve the Kaloko Heights
Subdivision project.
Reference: Comm. 311
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 158-21.
Seconded by Mr. Richards.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: As Mr. Brown stated, this was waived from
Committees to Council. It's a blend. It's a few different things going on at once.
So I think maybe Deanna could explain this best. Again, this is by request from
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Hawaii County Council-18 July 7,2021
my office, and this does affect the North Kona district more so than the rest of
the island. So go ahead, Ms. Sako, and explain what's in front of us.
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council.)
MS. SAKO: So some of you may remember this project. We did come before
you guys, I'm trying to find the date, I think it was a little over a year ago, to
actually do an Improvement District for Kaloko Heights so they have a sewer
pipe. And as we progressed in that process, we realized that an Improvement
District really wasn't going to work for them. So a Community Facilities
District would be more appropriate. So instead of Chapter 12 we're going to do
it under Chapter 32 of the County Code.
So this is really addressing a project. The sewer pipe runs down Hina Lani and
across Ane K, over to our sewer system. However, one of the things tied to this
is that affordable housing project. So that's why the urgency basically of the
district. We do have several people online available online for questions, should
you have any.
CHR. DAVID: Thank you, Ms. Sako. Any other questions? Mr. Kaneali`i-
Kleinfelder, go ahead.
MR. KANEALI`I-KLEINFELDER: I just had one question. I ran through the
2019 resolution and this one. There's a switch from $12 million to $22 million,
and I was just wondering about the cost increase.
MS. SAKO: I think as we put all the numbers together—and that's probably not
the final number, that's kind of like the high end of it. But they can also do
things like capitalized interest and whatnot. So we kind of set the amount a little
bit high. They are working on getting final cost estimates. Those have actually
come down from the original ones. So it's just allowing ourself a little bit of
space should things change in the market.
MR. KANEALI`I-KLEINFELDER: Okay. Thank you, Deanna.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Mr. Chung, go ahead.
MR. CHUNG: Deanna, there are three members of the Council who weren't
here when the Improvement District resolution was passed. So if you could just
explain in a nutshell so we can kind of move this thing quickly, what the
differences are between the Improvement District and the Community Facilities
District.
And it's real subtle. Basically, we're still backing it with the full faith and credit
of the County on both sides.
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Hawaii County Council-18 July 7,2021
MS. SAKO: Not specifically. We definitely help to facilitate it, but in both
cases, the bond is not necessarily guaranteed by the County at all. It actually
we go out on the full faith and credit of the developer so to speak. So the bond is
sold that way, it doesn't go against our bond capacity so to speak. But they are
different.
In Chapter 12, in Improvement District, we calculate the amount per month or
year annual fee upfront. We bill it each member of the district. Whereas in the
Community Facilities, it is more flexible in that we can start out with the existing
property owners. But then as the land gets subdivided or, you know more
parcels are created then we can change rate and allocation method so that each
property owner is paying their fair share. And this one actually gets billed on the
real property tax bill.
MR. CHUNG: Okay, so full faith and credit only for Improvement Districts?
We're on the line?
MS. SAKO: We have done full faith and credit when we have been able to get
USDA (United States Department of Agriculture) loans for the Improvement
District, then the Council has approved those loans so that they usually come
with grants so it's more affordable for the members of the district. When they do
not qualify for grants and we just do an Improvement District bond or a
Community Facilities District bond, then it's actually not the County
guaranteeing it.
MR. CHUNG: Well how is the payback guaranteed then by the individual
properties?
MS. SAKO: We have right for a foreclosure. There's a lien on the property.
MR. CHUNG: Okay, and that's why the value of the land has to be a certain
amount corresponding with the Improvement District.
MS. SAKO: Yeah, so the land has to be three times the amount, yes.
MR. CHUNG: So in your opinion then, which is because it's very similar
right, these two things. I mean same analysis almost right, but just different
ordinance. So from a County perspective do you see any differences or is one
better for us as a County or same or doesn't really matter.
MS. SAKO: They're probably very similar. I think for us in this particular case.
The Improvement District works well when it's an established subdivision and
the community is coming together to do the improvement. The Community
Facilities District is better when there's a developer trying to lay the
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Hawaii County Council-18 July 7,2021
infrastructure and needs a funding mechanism for that. So that then we have the
flexibility to allocate it out to the new lots when they're actually created.
MR. CHUNG: So it's almost the same analysis as the last thing right, by and
large.
MS. SAKO: Um-hmm.
MR. CHUNG: Okay, thank you.
CHR. DAVID: Thank you, Mr. Chung. Anyone else? Seeing none, all those in
favor of approving Resolution 158-21, please say "aye."
Vote on Res. 158-21: The motion to adopt Res. 158-21 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
CHR. DAVID: Thank you.
Res. 159-21: CREATES ONE NEW TEMPORARY POSITION FOR THE DEPARTMENT OF
RESEARCH AND DEVELOPMENT
The new federally funded Economic Development Specialist III position would
support the Kuleana Health program to advance COVID-19 and health literacy
efforts to reach minority and underserved populations.
Reference: Comm. 312
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 159-21.
Seconded by Ms. Villegas
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Mahalo, Chair. This resolution was passed
through Committee to Council and waived. We do have Director Douglass
Adams. If you'd like to come up and talk a little bit about this, I think this is a
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Hawaii County Council-18 July 7,2021
good opportunity to describe grant funding and the position. You do have an
accompanying bill as well. So let's talk about the resolution though.
(At this time, Research and Development Director Douglass Shipman
Adams came forward to address the members of the Council.)
MR. ADAMS: Doug Adams, Director of Research and Development. Thank you
very much for this. With your permission, may I talk about(Res.) 160 as well?
Okay.
So this has to do with the Health Literacy grant funding that we received through
the HHS (Health and Human Services) Assistant Director for Health Services at
the Federal level. This is a $3 million grant. I should start out by saying that it's
not me that should be up here, it's my Deputy, Dr. Sulma Gandhi. Beth Dykstra
out of her office put together an only one in the State kind of request and did it
with the help of the Department of Finance procurement, and the Director to
really work through. We had to identify first an RFP to develop the consortium
lead here on the island, and then we had to apply for this particular grant.
Resolution 159-21 refers to the oversight that would be conducted. This is funded
through the grant, this particular position. It's a temporary position, and it fits
into—it would be this particular position is going to be managed by myself and
the deputy directly, and has oversight of this $3 million, two-year Health Literacy
program for the entire island.
MR. KANEALI`I-KLEINFELDER: Thank you, Douglass. I just appreciate what
your staff and yourself have done as far as getting in front of the dollars and
bringing them into the County. So well done on that side and mahalo to your staff
as well. I don't have further questions, Chair, but I would yield to the rest of the
Council.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else have any ?
Ms. Kierkiewicz, go ahead.
MS. KIERKIEWICZ: Thank you, Chair. Congratulations, Director Adams and
to your Deputy. I know she worked really hard on this particular grant. So in
addition to the economic development specialist, are there any community groups
that you were going to be partnering with in order to administer Health Literacy
programming?
MR. ADAMS: So the RFP (Request for Proposals) that has already been
conducted is in two parts. One is with the consortium lead, which is the
Community First organization; and then they'll be working to develop district
leads around the island. Then there's an evaluation portion to this particular
program that's mandated by HHS and that is with the University of Hawaii at
Hilo. So those two organizations are the ones that we'll be working with directly.
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Hawaii County Council-18 July 7,2021
MS. KIERKIEWICZ: Okay, great. I think that dovetails nicely into what we
talked about yesterday, the data visualization project that your office is doing in
collaboration with UH Hilo. Thank you for the details. Chair, I yield.
CHR. DAVID: Mahalo, Ms. Kierkiewicz. Anyone else? Mr. Inaba, go ahead.
MR. INABA: Doug, the $3 million is set to be, the grant period is through
June 30, 2023. So is it anticipated that—at some point hopefully we're going to
kind of get past COVID, but the Health Literacy, are there certain areas of health
that this literacy will focus on when the COVID kind of calms down?
MR. ADAMS: So this is in particularly focused on the types of things that we've
been seeing happen around the island. So you can take a look at Blue Zone work
that's been done. It's population health related. The kinds of things that we want
our population to begin to focus on for their own health, and understanding what's
available to them, how they take care of their families. All those kinds of things
are part of understanding about health and health for your family and health for
your community. So it starts with COVID, but it leads to a bigger program.
Whether that entire program is taken up in this two-year time period is doubtful,
but it does get us started.
MR. INABA: Yeah, I'm excited to see what Sulma pulls together. It's quite
exciting. Thank you, Chair.
CHR. DAVID: Thank you, Mr. Inaba. Ms. Kimball.
MS. KIMBALL: Yes, I just want to make sure we extend our mahalo to your
Deputy for going ahead and taking the initiative to get this grant and bringing it
in. I know this is a subject that she's passionate about. So please share with her
our deep appreciation for putting this together. Thanks.
MR. ADAMS: Absolutely.
CHR. DAVID: Mahalo, Ms. Kimball. Mr. Kaneali`i-Kleinfelder, go ahead.
MR. KANEALI`I-KLEINFELDER: I was looking over the grant summary and
there is a very rigorous reporting schedule attached to the back of this document.
I just wanted to mention that. But thank you again. Appreciate it.
CHR. DAVID: Anyone else? Seeing none, Director Adams, mahalo so much for
all of your work and your Deputy's work on this one too.
MR. ADAMS: On her behalf, thank you, Chair.
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Hawaii County Council-18 July 7,2021
CHR. DAVID: Alrighty. All in favor of approving Resolution 159-21, please say
Ic aye.
Vote on Res. 159-21: The motion to adopt Res. 159-21 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
MR. BROWN: Excuse me, Madam Chair?
CHR. DAVID: Yes?
MR. BROWN: We got a note from the administration that they possibly would
request to waive the reconsideration period on Resolution 159.
CHR. DAVID: Okay, can I have a motion?
Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to suspend Rule 15 to
Suspend Council Rules: waive the five-day hold for reconsideration of Res. 159-21.
Seconded by Ms. Lee Loy and carried by the following
voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
CHR. DAVID: Thank you very much, Mr. Clerk, for that reminder.
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Hawaii County Council-18 July 7,2021
Res. 160-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE DEPARTMENT OF HEALTH AND HUMAN
SERVICES, OFFICE OF THE ASSISTANT SECRETARY FOR HEALTH
PURSUANT TO HAWAII REVISED STATUTES SECTION 46-7, FOR A
GRANT TO THE DEPARTMENT OF RESEARCH AND DEVELOPMENT
Allows for the receipt of$3 million in Federally-derived funds, which would be
used to implement a Health and Literacy program called Kuleana Health to
advance COVID-19 efforts to reach minority and underserved populations.
Reference: Comm. 313
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 160-21.
Seconded by Ms. Villegas
CHR. DAVID: Go ahead Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: Mahalo, Chair. This was waived to Council
from Committees. We just had a pretty decent discussion on this as well. I will
yield to my other Council Members for further questions.
CHR. DAVID: Alright, seeing no further questions, all those in favor of
approving Resolution 160-21, please say "aye."
Vote on Res. 160-21: The motion to adopt Res. 160-21 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
MR. BROWN: Excuse me, Madam Chair the administration also requested to
waive the reconsideration period on this one.
CHR. DAVID: Thank you.
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Hawaii County Council-18 July 7,2021
Vote on Motion to Mr. Kaneali`i-Kleinfelder moved to suspend Rule 15 to
Suspend Council Rules: waive the five-day hold for reconsideration of Res. 160-21.
Seconded by Ms. Lee Loy and carried by the following
voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
CHR. DAVID: Mr. Chung has left the room.
MR. ADAMS: Madam Chair, if I just may say, this is really exciting for us as
well and something that we were not sure this is a pretty competitive RFP that
came from the Federal Government. The fact that our team was able to pull this
together, and that we have an opportunity really to push forward in a major way
help literacy on the island is something really excited about at the administration,
and I'm sure the Council is as well. So thank you.
CHR. DAVID: Yes, very outstanding. Thank you very much on behalf of the
island community. Alright, Mr. Clerk, move on to Bills For Ordinances (First
Reading).
BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for
ORDINANCES Ordinances (First Reading).
(FIRST READING):
(Note: Items in this category were taken up previously, out of order.)
Bill 46: AMENDS CHAPTER 23, ARTICLE 4, ARTICLE 5, AND ARTICLE 6 AND
CHAPTER 25, ARTICLE 2, ARTICLE 5, AND ARTICLE 6 OF THE HAWAII
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
PROCESSING OF SUBDIVISION AND ZONING APPLICATIONS, AND
MAKING CLERICAL REVISIONS TO PERMITTED USES IN THE FAMILY
AGRICULTURAL ZONING DISTRICT (Planning Director Initiated)
The Leeward and Windward Planning Commissions forward their favorable
recommendations for this request, which would provide language that is in
alignment with the impending implementation of the new EnerGov permitting
system.
Reference: Comm. 296
Intr. by: Ms. Kierkiewicz (B/R)
Waived: PC
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Hawaii County Council-18 July 7,2021
; and
Comm. 296.2: From Planning Director Zendo Kern, dated June 21, 2021, transmitting the draft
transcript from the Leeward Planning Commission's May 20, 2021, meeting.
; and
Comm. 296.3: From Planning Director Zendo Kern, dated June 28, 2021, transmitting the draft
transcript from the Windward Planning Commission's June 3, 2021, meeting.
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 46 on first reading.
Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Because this was waived out of
Planning Committee, I asked Director Kern to come before Council today. I'm
going to take a very surgical approach to this. There are a number of things being
amended in the Code. So if you could just take us through each of the sections,
Director, that would be really helpful. I know that there are things related to
EnerGov here, where we're not going to need any hard copies, but there's also an
editorial change related to FA (Family Agriculture), and I believe there was also
some additional language related to verifying tax delinquencies and bankruptcies
on various property. So a lot to cover. Go ahead.
(Note: At this time, Planning Director Zendo Kern came forward to
address the members of the Council.)
MR. KERN: Good afternoon. It has been a day and I've had the opportunity to
be here most of it. So it's been enjoyable. Zendo Kern, Planning Director. First,
I want to say that typically with a piece of legislation we would not put it forward
trying to waive a Committee. That's not our style. It's not what we're trying to
do. It's not part of our process. As I alluded to a little bit yesterday, the process
and what we thought we had took a little bit longer. I'm just trying to go through
this and be comprehensive. So thank you for the latitude here and I'll try to be as
effective and concise as possible.
So Chapter 23 regulates subdivisions. And let me go to the premise which you all
know, the reason for these amendments is for the EnerGov launch, where the
County of Hawaii EPIC system, the Electronic Processing and Information
Center. So what we had to do is we had to make sure that our Code is in
alignment, and if our Code is asking for paper and we're going digital, we need
that to change, right, so we're no longer doing 20 copies of this, five copies of
that. So those are what the Code amendments are generally for. Through that
process we caught that other piece with the FA which I'll get into in a minute, and
then there's this component around the real property tax clearance.
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Hawaii County Council-18 July 7,2021
So basically, I can just start at the beginning of the bill. We're going to go
through it. Section 2(a) basically instead of 10 copies or more, we're just
changing that to "in a format prescribed by the director," giving the latitude for
that. Again, with the movement of, you know, emails, digital, online, we wanted
some latitude, but the concept is it will be accepted digitally.
Section 23-70, instead of"five copies," "a copy of any deed restriction,"which
they can upload digitally to the EPIC system. Section 4, subsection (a), instead of
"eight copies," "a copy of the final plat"map; same "four additional copies," "a
copy." Again that will be uploaded to the EPIC system. So they're still required
to submit it,just one copy goes in there and we can distribute electronically.
Section 5, that would change subsection (b) to from "three copies"to having no
copies at all,just the final plat map. Similar to Section 6, instead of having "six
copies," it's just"a copy." And then Section 7, now we're going to Chapter 25,
the Zoning Code. So basically changing either hand delivered or mailed to Hilo
or Kona to more as a format prescribed by the director, which would be uploading
through EPIC system.
MS. KIERKIEWICZ: Director, before you go to the next part, because that is a
little bit more complex, I just want to pause there. "In a format prescribed by the
director," and I'm highlighting this because in reading the transcripts from both of
the commission meetings, what came up was access to interned and people's
ability to navigate digital systems. So you've kept this purposely broad in the
event that somebody needs to come in and have all of their files say on a thumb
drive, you not personally but your staff, are going to essentially hold their hand
through the process so they could submit.
MR. KERN: It could even be me. But yes, we'll have our kiosk up at the front,
so they'll be able to come in through that. Also trying to give some latitude as
things potentially change. But the concept is again, instead of having to handle it
or mail to Hilo or Kona, you could be at home doing it, you could come down and
do it. You could have your thumb drive and do it,but the concept is you'll load it
up to the CSS, the Citizen Service Center, and that's where you'd actually bring
all your data to.
MS. KIERKIEWICZ: Okay, that's helpful. Thank you.
MR. KERN: So then this section, subsection (b), "Prior to the acceptance of any
application, all real property taxes and other fees relating to the subject parcel or
parcels shall be paid and there shall be no outstanding delinquencies, except in
cases of bankruptcy or similar matters as authorized by the director of finance." I
know this is drawn a little bit of attention, so just to give you a little bit of
background.
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Hawaii County Council-18 July 7,2021
One of the requirements that you'll see is that the applicant would have to get a
property tax clearance from the real property tax. That comes on a piece of paper.
So for them to go to the real property tax, get a piece of paper,pay the dollar, it's
really cumbersome if you're not located in town. The concept is you could do
this from your home. We said we don't think we need to do that. We should be
able to do it digitally, like their property taxes need to be paid. So it would be
incumbent upon our staff to review that. So we'd review that, are their property
taxes current? Yes, we can move forward. Are they not current? No we'd reject
the application or tell them get their property taxes current before they can move
forward.
There are certain situations, unique situations that,that might not be the case. So
that language of if they're in bankruptcy or a similar situation gives some latitude
for very unique situations. If there are further questions about that, I think
Deanna Sako, our Finance Director, would be best to answer that. Because when
that came up, we reached out to her and said, "How should that language read?"
We didn't think it was our position to state that language. We knew we needed
real property taxes paid, we know there are unique situations, and that was the
language that came up. So if there are questions around that, let me know and she
can come up.
So moving forward, Section 8. This is where the FA this was caught through
our process, and basically required that a use permit issued for each use is
"within," it should have been, "outside." That was simply a typo. That was a
catch. That was the only thing kind of outside of the EPIC system that was
caught by our Deputy Director Jeff Darrow.
Okay, Section 9, again took out the "original and twenty copies," and basically
changed it to the "application and documentation in a format prescribed by the
director." So that would be again a digital .pdf upload to the EPIC system.
MS. KIERKIEWICZ: Thank you, Director, for taking us through all of this.
Chair, I really appreciate the latitude. There's a lot going on in this particular bill
and we want the launch of EPIC to be successful, so was happy to provide a
waiver out of Committee. And I know that you respect and understand our
processes of having to go through that sort of process.
I know that Director Sako is here outside. Aloha, Deanna. She's making her way
into the chambers. Deanna, Director Kern just walked us through Bill 46 so just
wondering with Finance Director hat on if you could provide your mana`o around
the suggestion for language change related to the call out of bankruptcies
specifically in this ordinance.
MS. SAKO: So I think one is Planning did call us and ask us for input on that
language. We cannot issue a tax clearance on a parcel if there are still taxes
owing. And in bankruptcy, basically the landowner is not allowed to pay until
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Hawaii County Council-18 July 7,2021
such time as the bankruptcy trustee allows that. So we're trying to take all of that
into account so that if someone needs to move ahead on a project, they could do
that. Basically that's with the expectation the taxes will get paid as part of the
bankruptcy finalization.
MS. KIERKIEWICZ: But Director Sako, your office is going to interface with
the court? Who specifically to verify?
MS. SAKO: So Corporation Counsel usually is acting on our behalf with the
court. You know, we have many property owners that are in bankruptcy over the
years, so they act on our behalf. Usually we get the full amount, sometimes we
don't. It just depends on the, you know, entire process throughout the entire
bankruptcy proceedings. But we don't really have control over that.
MS. KIERKIEWICZ: Got it. Corporation Counsel verifies with the court,
communicates that to you, you provide the clearance, and send that information to
Planning Department. Okay. Just want to make sure I'm connecting all of the
pieces. Then how often does this particular happen?
MS. SAKO: With some kind of planning action probably not very often. But
bankruptcy just as a matter of course, it does happen. Our staff is very familiar
with that process. But I don't know that we've had very many that have
overlapped with a planning action and our office. But you know, we're just trying
to keep that in mind for, you know, in the future you never know when something
might happen, or just the timing of it all.
MS. KIERKIEWICZ: Okay, thank you again for those details and your work on
this. I also do want to mahalo your Deputy, Jeff Darrow, for his excellent eyes on
all of this and making sure this ordinance was well-rounded.
MR. KERN: He is the true champion in this one.
MS. KIERKIEWICZ: Thank you, Jeff. Chair, I yield.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Mr. Kaneali`i-
Kleinfelder, go ahead.
MR. KANEALI`I-KLEINFELDER: Thank you, Ma'am. I read through the
minutes for the Leeward and Windward Planning Commissions, and I believe a
Mrs. Yates brought up the concern that if an individual wasn't computer savvy
and wanted to submit their documents in person—I mean there's some of those
people who like to do an in person meeting versus Zoom meeting or online
meeting. What do they do? I think it's a good valid question on, you know, how
do they proceed if they don't want to do the classic, or they don't have a thumb
drive or they don't understand how to do that.
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Hawaii County Council-18 July 7,2021
MR. KERN: Well, we'll have the kiosks up front, and every application will be
submitted digitally. So we're not going to have the option for a paper submittal
anymore. It would just be too cumbersome, and it would kind of go against the
whole concept that we're trying to work on with EPIC, as a person uploading
would be able to monitor, would be able to track it, see the progress, and have it
be an intelligent, basically, operations going through things. So what we would
be able to do there is we would help the person, we'd walk them through. We'll
have staff that's knowledgeable in how to do it. We'd sit them down at the kiosk.
They'd have to get a thumb drive. They'd have to have some type of access to the
document. So worse-case scenario, a person would have to get a thumb drive and
have to go get the documents scanned in. Then that would have to come in, and
they'd have to put that in there. Then our staff would help them upload it, and
away they go.
They would need the email, similar to other things that we've worked on in the
past. Not here but just in general how we went from kind of having two sides and
now certain things are all digital. I mean, how often do we go get a paper ticket
anymore for traveling. Right? You go online generally and book a ticket.
MR. KANEALI`I-KLEINFELDER: I appreciate the answer. I just want to make
sure that we take everyone into account. I know during COVID we saw a lot of
our seniors trying to be reached out to because they don't necessarily have the
ability to watch social media or want to. I just want to be sure on the permitting
side, using the EPIC system that we do account for those who just have a dislike
of digital.
MR. KERN: And we did talk about that a lot. We went through that process,
looked at it in multiple different ways, and really couldn't find another way to do
another parallel paper track. It would just kind of go against the whole concept
again. But we're thereto provide those services. You know, give them the
information and walk them all the way through.
MR. KANEALI`I-KLEINFELDER: Okay, even in the worst case, I've seen these
other places, they come in, they have everything on their computer, could they
email it to you guys? You know, if you go to Office Max, you don't have the file
on a thumb drive, but you can email it to a number, and they can help you put it
into the system.
MR. KERN: If they can email it, they can upload it.
MR. KANEALI`I-KLEINFELDER: Some people, you know, there are some
people out there.
MR. KERN: Then we would be able to help them walk through the uploading
process, absolutely.
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Hawaii County Council-18 July 7,2021
MR. KANEALI`I-KLEINFELDER: Okay, okay. Main think we take everybody
into account.
MR. KERN: It is cloud-based too. So they can basically access it from
anywhere. So on the flipside of it, folks could be at home like say in Volcano
Village and upload the documents and not have to drive into Hilo.
MR. KANEALI`I-KLEINFELDER: Yeah. No, I see there's a lot of perks here,
but we've got to account for everybody.
MR. KERN: Agreed.
MR. KANEALI`I-KLEINFELDER: Okay. Thank you, Director. Appreciate it.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Mr. Inaba,
go ahead.
MR. INABA: Just a real quick question. What does, in the section on
bankruptcy, other circumstances, or"similar matters,"what does that exactly
mean?
MR. KERN: We'll defer to our Finance Director.
MS. SAKO: We do sometimes have other situations where a property and/or the
taxes are held up due to other legal matters. So just trying to account for
everything to not hold them up because of the tax clearance.
MR. INABA: Okay. Thank you.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else? Go ahead, Ms. Kimball.
MS. KIMBALL: I just actually would like Corp. Counsel. Director Sako, thank
you. Just because we're here and we're looking at this, from a legal standpoint is
that language sufficient when we talk about"similar matters as authorized by the
director of finance," is that legally reasonable?
(Note: At this time, Corporation Counsel Elizabeth Strance came forward
to address the members of the Council."
MS. STRANCE: I think so. I mean, I can vision real property taxes being held
up because there's a probate proceeding, there might be a quiet title proceeding
where they're trying to identify owners of property and who would be responsible
for real property taxes. There are provisions that the Legislature passed on certain
types of partitions where that might be held up. So there's kind of a catch-all and
I think what the language is trying to do is understanding that there might be
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circumstances beyond the control of the applicants that should be accommodated.
So I think the language is fine.
MS. KIMBALL: And it's not to broad on the other end in your opinion?
MS. STRANCE: I don't think so. I can't imagine it being arbitrarily used, and I
can't imagine very many circumstances beyond what I've just described where it
would come up.
MS. KIMBALL: Good. Just wanted to have that on record. Thanks so much,
Judge Strance, for your input. Thank you, Chair. I yield.
CHR. DAVID: Thank you, Ms. Kimball. Anyone else? Seeing none, Director
Kern, I'd like to thank you for your running through, according to what
Ms. Kierkiewicz said, going through it line by line and explaining it. It makes
total sense and I think for the public, they will understand basically how you
needed to get this piece of legislation up to par with what's being done and the
reason that the waiver was necessary. So I'd like to thank you and your Deputy
for doing all this work so we can start anew.
And thank you, Ms. Kimball for asking that question of Corp. Counsel. Because I
think it needs to stay that broad because having dealt with land matters, you'll
never know what will come up that will have an impact on real property taxes or
anything like that. So I agree and thank you for asking that question.
Alright, all those in favor of approving Bill 46 at first reading,please say "aye."
Vote on Bill 46: The motion to pass Bill 46 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
MR. KERN: Thank you all so very much for your latitude.
CHR. DAVID: Thank you very much. Mr. Clerk.
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Hawaii County Council-18 July 7,2021
Bill 48: AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF
THE COUNTY OF HAWAII FOR THE PURPOSE OF FUNDING ALL OR A
PORTION OF THE COSTS OF VARIOUS IMPROVEMENT PROJECTS;
FIXES THE FORM, DENOMINATIONS, AND CERTAIN OTHER DETAILS
OF SUCH BONDS AND PROVIDES FOR THEIR SALE TO THE PUBLIC;
AND AUTHORIZES THE TAKING OF OTHER ACTIONS RELATING TO
THE ISSUANCE AND SALE OF THE BONDS
Authorizes the issuance of up to $25.5 million in general obligation bonds to fund
certain Capital Improvement Projects, including: Papa`aloaPark,Pa`auilo Park,
Kolekole Gulch Park, Disappearing Sands Beach Park, Richardson Ocean Park,NAS
Swimming Pool,Pahala Swimming Pool, Kahuku Park, Miloli`i Beach Park, and
South Hilo Base Yard.
Reference: Comm. 308
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 48 on first
reading. Seconded by Mr. Richards.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Mahalo, Chair. This was waived to Council
and it's pretty self-explanatory. But I would like the Director and Deanna to
possibly answer questions from the Council. I did have just one general question
and I'm not who to ask this of. But looking over this, the $25 million bond
approximately, and there's a list of 10 projects to be completed. My question is
limited to the 10 projects or including but not limited to these projects.
(Note: At this time, Parks and Recreation Director Maurice Messina came
forward to address the members of the Council.)
MR. MESSINA: Good afternoon. Maurice Messina, Director of Parks and
Recreation. These are our last 10 projects that we need to get funded.
MR. KANEALI`I-KLEINFELDER: Okay, then I'm guessing there was a list of
projects before my time?
MR. MESSINA: So in about 1999-2000, when we began our ADA (Americans
with Disabilities Act) transition plan, since then we've completed approximately
70 sites, bringing them up to ADA compliance. These are our last ones. These
are like our biggest projects that we have to finish right now. So we're on the
home stretch, and these are the ones that need to be completed by the end of next
year; by December of 2022.
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Hawaii County Council-18 July 7,2021
MR. KANEALI`I-KLEINFELDER: Wow. Okay, it's a fairly substantial bond,
but I know this is incredibly important for our community and these are parks that
I think everybody uses. That I think everyone does use. South Hilo base yard
though. What are the ADA requirements there?
MR. MESSINA: So the bathroom area. We just have one bathroom that's shared
by a lot of different people. We need to bring that bathroom up and into
compliance. And to bring that bathroom up into compliance it's going to be
we've got to actually remove office space and remove some of the other areas. So
we've got to build out those areas in order to make the men's and women's
separate ADA compliant bathrooms.
MR. KANEALI`I-KLEINFELDER: Wow. Well, mahalo for getting this done.
Look forward to any other questions from the Council, I guess in wrapping up a
long-standing ADA issue we've had in our County. I yield, Chair.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Mr. Chung.
MR. CHUNG: Thank you. You know, Deanna, who prepared the transmittal?
This came from the Mayor's Office, or ?
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council.)
MS. SAKO: I believe it was our office that did that.
MR. CHUNG: You know, on the back—and I don't know if this is correct but on
the back it lists, you know, the projects that are to be completed and it says,
"Exhibit A." Where's the reference to Exhibit"A" in the memo?
MS. SAKO: It's probably not there. We apologize.
MR. CHUNG: No, no. That's no big deal. It's a minor thing. But it wasn't
intended to be an Exhibit"A"to the bill, right? Because I don't see any reference
to Exhibit"A" in the bill too.
MS. SAKO: No, we probably just used an old format.
MR. CHUNG: Okay, so there's no specification on this. It's basically a blanket.
We're going on your good word, right?
MS. SAKO: To specifically for these ADA parks,yes.
MR. CHUNG: I don't want to blow your guys' mind or anything like that, but
Deanna, what would be our percentage of debt service expenditures to total
expenditures if we bumped this thing up to about$50 or $60 million? And I don't
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Hawaii County Council-18 July 7,2021
want to go into a land-grab situation, but you know, we heard so much from the
Environmental Management Division and from Mayor Roth about how much our
wastewater is in disrepair and in need of fixing as well as extending things out.
There's been no proposal as to how to fund those things.
MS. SAKO: So we did have some funding that we gave them for planning so
they can get going on a lot of these projects. As well as a lot of them have been
submitted with our shovel-ready projects and things like that. So we are working
on a larger proposal to bring forth to Council. But you know, because we have so
many different things. Now we hear that maybe the JOBS (Jumpstart Our
Business Startup Act) bill is going to be delayed, so maybe we won't wait for
that. We were just trying to ensure that we were accounting for each funding
source first. But we'll be coming forward with that in the next few weeks.
MR. CHUNG: Okay, okay. So it is coming on a separate bill.
MS. SAKO: Yeah, separate bill. It's just they have a meeting with the judge in
early August, so we want to ensure that they have the funding now so they can tell
the judge it's in place. So that's why we didn't want to hold up their funding
waiting for the rest of the County.
MR. CHUNG: Okay. Terrific, terrific.
MS. SAKO: But it will be coming forward shortly.
MR. CHUNG: Alright, thank you.
CHR. DAVID: Thank you, Mr. Chung for that. Mr. Richards.
MR. RICHARDS: Thanks, Chair. I'm kind of in the same venue that Mr. Chung
is asking about. How are we with our bonding and our ability to bond. Are we
approaching max, or where are we with that?
MS. SAKO: It depends which number you look at. If you look at what we've
issued so far based on our projects that we've done, I think I didn't include it in
the letter, but we're at roughly 10 percent, 9.9 or 10 percent. As in for all the
authorizations that the Council has approved but not necessarily been issued yet,
we're at 13.1 percent. We're trying hard to keep it under 15 percent, but you
know, obviously that's not a firm rule. That, you know, we have to look at what
all of our needs are, especially given COVID and what our island's been through
and if we want to stimulate the economy.
MR. RICHARDS: Okay, the reason I ask the question is it's kind of a balance.
We have to have the operating to go forward with our capital improvement, but
this also plays into our bond rating too, doesn't it?
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Hawaii County Council-18 July 7,2021
MS. SAKO: It does, yes.
MR. RICHARDS: Okay, so we're around, approved so far 13 percent but
actually funded 10 percent. Okay. Alright, thank you. Chair, I yield.
CHR. DAVID: Thank you, Mr. Richards. Ms. Kimball.
MS. KIMBALL: I was just going to make a comment be for we vote. I think I'm
going to recuse myself in an abundance of caution from this one. Again, a couple
of the projects that are identified here, my spouse's architectural firm is involved
in. So I don't think that—you know, we're not involved in the procurement and
all of that. No decision making with that, but in the abundance of caution, I'm
going to request recusal.
CHR. DAVID: Thank you for mentioning that Ms. Kimball. Go ahead,
Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Just to follow-up on
something that Mr. Chung had said. Given that there's no mention of Exhibit"A"
in here, are you required—is there a requirement that you only touch the projects
on Exhibit"A," or is this open funding for any ADA compliance projects in the
County?
MS. SAKO: Right now we're anticipating this full amount and possibly more
will be needed for the ADA. So I think they're going to use it all up.
MR. KANEALI`I-KLEINFELDER: But question. On these projects listed on
Exhibit"A" or for across the board for anything that comes up.
MS. SAKO: I think all they have left are the projects on Exhibit"A." So we did
have other consent decrees with the court like for curb cuts and other things, but
those have been completed already.
MR. KANEALI`I-KLEINFELDER: Okay, so that was a yes or a no.
MS. SAKO: We believe these are all the projects that are left. So it will all be
spent on the projects listed on the attachment.
MR. MESSINA: So the projects that have not been completed, we've got
projects in progress and all of those will exhaust the $25 million.
MR. KANEALI`I-KLEINFELDER: Okay. Thank you.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else before we
take the vote? Seeing none, thank you for all of your work, Director on getting
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Hawaii County Council-18 July 7,2021
our parks up to speed, ADA compliant. Mahalo for you folks. All those in favor
of approving Bill 48 at first reading, please say "aye."
Vote on Bill 48: The motion to pass Bill 48 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, Richards, Villegas,
and Chair David—8.
Noes: None.
Absent: None.
Excused: Council Member Kimball — 1.
Bill 50: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2022
Appropriates revenues in the Federal —Hawai`i Island Landlord/Tenant Mediation
Grant account($600,000); and appropriates the same to the Hawaii Island
Landlord/Tenant Mediation Program account. Funds would be used to implement
a landlord mediation program to eligible households impacted by the expiration of
the moratorium on evictions.
Reference: Comm. 310
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 50 on first
reading. Seconded by Ms. Kierkiewicz.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I think given our discussion on previous
resolutions, we have a good understanding of what this bill is and will do. The
Director is present if there are any questions as well as Ms. Sako. I yield.
CHR. DAVID: Thank you. Anyone else? Mr. Inaba, go ahead.
MR. INABA: Good afternoon, Administrator Kunz. I had a question earlier just
about if we know how much we'll be paying to each center per mediation block
that they do for us here in the County.
(Note: At this time, Housing Administrator Susan Kunz came forward to
address the members of the Council.)
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Hawaii County Council-18 July 7,2021
MS. KUNZ: Hi, my name is Susan Kunz. I'm the Housing Administrator.
Thank you for this opportunity to provide you information on this particular bill.
Let me back up a few steps just to make sure we're all on the same page. So this
ordinance is to address a bill that went through the State Legislature. It's
HB 1376 (House Bill), which is now Act 57. Effective as of August 6. The
eviction moratorium that was in place through the Governor's proclamation is
going to be ending. So the Legislature created this bill to provide funding for
each of the counties to be able to provide mediation services. Through this bill
Hawaii County is going to be receiving $490,000 out of the emergency rent
assistance pot of money, and there is also going to be $69,000 from also the
American Rescue Plan COVID funding.
My understanding is the reason for the two different pots of money is because the
$490,000 is designated for individuals who are 80 percent AMI (Average Median
Income) and below. The $69,000 will allow us to provide services to provide to
those who are in excess of 80 percent. So that puts us at$559,000, which is the
reason for the appropriation for the $600,000.
We are going to publicly procure for services to provide these services on the Big
Island. There are several mediation service vendors that are doing business here,
so we want to make sure that we're procuring properly. Our intent is to hopefully
to provide services in East Hawaii and in West Hawaii separately. I do not have
a breakdown of the cost at the moment for each, but I can tell you that the
allocation for the entire island is $559,000. I hope that answers your question.
MR. INABA: Was it$559,000 or $600,000?
MS. KUNZ: I'm sorry. $559,000 for Hawaii County.
MR. INABA: Yeah, we're seeing $600,000 here on Bill 50.
MS. KUNZ: Yes, at the time that we put the ordinance together, we had put
$600,000 because we weren't sure of the exact amount. So when we did finally
look at the bill, what had passed, it's $490,000 from one pot of money, and
$69,000 from another. So it's $559,000. Does that make sense?
MR. INABA: Yeah, Director Sako, is that okay that we have different numbers
here than what the real numbers are?
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council.)
MS. SAKO: So right. We didn't have the final numbers when we came forward,
but with any grant we only allow the department to spend up to the amount that's
approved. So we can let it go as is with the $600,000, then let's say the
Legislature amends and gives them another $40,000 then they would already be
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Hawaii County Council-18 July 7,2021
authorized to spend that. It's also okay if you want to reduce it, but should the
bill get—if the Legislature or someone amends and gives us more then it's
already there. But our staff do monitor so they cannot exceed the amount of the
grant that was awarded. And that's true for any grant in the County.
MR. INABA: Got it. Thank you. Still learning some of this stuff. And similar
to Ms. Kimball, I'll be recusing myself from this one as I am associated with one
of the mediation centers. Chair, I yield.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else on this one? No? Alright,
seeing none, all those in favor of approving Bill 58 at first reading,please say
Ic aye.
Vote on Bill 50: The motion to pass Bill 50 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Chair David–8.
Noes: None.
Absent: None.
Excused: Council Member Inaba– 1.
CHR. DAVID: Thank you.
Bill 51: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2022
Appropriates revenues in the Federal Grants –Advance Health Literacy to
Enhance Community Response to COVID-19 account($3 million);
and appropriates the same to the Advance Health Literacy to Enhance Community
Response to COVID-19 account. Funds would be used to implement a Health and
Literacy program called Kuleana Health to advance COVID-19 efforts to reach
minority and underserved populations.
Reference: Comm. 313
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 51 on first
reading. Seconded by Ms. Villegas.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
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Hawaii County Council-18 July 7,2021
MR. KANEALI`I-KLEINFELDER: I do believe we had a good discussion so far
on the previous resolutions as I said before. The Director is here as well for any
further question. I do not have any. I yield for the time being.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Bill 51 at first reading, please say "aye."
Vote on Bill 51: The motion to pass Bill 51 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—9.
Noes: None.
Absent: None.
Excused: None.
ORDER OF The 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: (Note: Bill 34 was taken up previously, out of order)
REPORTS: The Chair directed the Council to proceed to the next order of Business, Reports.
(Note: All items in this category were taken up previously, out of order.)
CHR. DAVID: I believe that takes us to the Referrals for Executive Session.
REFERRALS FOR The Chair directed the Council to proceed to the next order of business,
EXECUTIVE Referrals for Executive Session.
SESSION:
Comm. 299: NAKAMOTO VS. KAWAUCHI, ET AL.; AYAU VS. KAWAUCHI, ET AL.
CONSOLIDATED CIVIL NOS. 12-1-0466, 12-1-0467
From Deputy Corporation Counsel Lerisa L. Heroldt, dated June 16, 2021,
requesting an attorney-client confidential discussion to consult with the Council
regarding the above-entitled matter, including a discussion regarding litigation
filed by Ted H. S. Hong, Esquire, on behalf of his clients Patricia Nakamoto and
Shyla Ayau.
Motion to Close File: Ms. Lee Loy moved to close file on Comm. 299. Seconded
by Mr. Inaba.
CHR. DAVID: Alright, and now executive session.
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Hawaii County Council-18 July 7,2021
MR. BROWN: Just to be safe, you know if you guys want to have a little bit of
discussion about why you want to enter. Or whatever, you guys want to talk to
Corp. Counsel first and then make a motion, that's up to you guys. Or if you guys
want to jump right in and someone makes a motion to jump into executive
session, that is a possibility as well.
CHR. DAVID: I think given the subject matter we just need to go into executive
session unless anyone else has anything to say.
MS. LEE LOY: Judge Strance?
(Note: At this time, Corporation Counsel Elizabeth Strance came forward
to address the members of the Council.)
MR. BROWN: A two-third vote is required for that motion to pass and enter into
executive session.
CHR. DAVID: Thank you.
Vote on Motion Ms. Lee Loy moved to enter into Executive Session
to Enter into pursuant to Section 92-5(a)(4), for the purpose of
Executive Session: consulting with the Council's attorney on questions and
(Approved) issues pertaining to the Council's powers, duties,
privileges, immunities, and liabilities. Seconded by
Mr. Inaba and carried by the following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Chair David—8.
Noes: None.
Absent: Council Member Chung - 1.
Excused: None.
Recess: At 3:35 p.m. the Chair called for a recess in order to clear the room.
Reconvene: The meeting reconvened at 4:30 p.m.
CHR. DAVID: Aloha everyone and welcome back to the Council meeting. We
are now out of Executive Session. We do have a motion on the floor, Mr. Clerk,
to close file on Communication 299. All those in favor?
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Hawaii County Council-18 July 7,2021
Vote on Motion The motion to close file on Comm. 299 was carried by the
to Close File: following roll call vote:
(Filed)
Ayes: Council Members Chung Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Richards, and Villegas— 7.
Noes: None.
Absent: None.
Excused: Council Members Lee Loy and Chair David —2.
OTHER The Chair directed the Council to proceed to the next order of business,
BUSINESS: Other Business.
(There was none.)
ANNOUNCE- The Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
(There were none.)
ADJOURNMENT: There being no further business, at 4:33 p.m., Ms. Kimball moved to adjourn the
meeting. Seconded by Mr. Inaba and carried by the following voice vote:
Ayes: Council Members Chung Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Richards, Villegas.
and Chair David — 8.
Noes: None.
Absent: None.
Excused: Council Member Lee Loy — 1.
CHR. DAVID: Thank you. We are adjourned. Mahalo everybody.
SEP 0 8 2021
Council Approval:
COUN Y L ERK
JH/ja
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