HomeMy WebLinkAboutMIN COUNCIL 2021-08-04 2020-2022 Hawaii County Council
201h Session
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii
August 4, 2021
INVOCATION: Pastor John Endriss of Engage Church Hilo gave the morning's invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 9:00 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
Ms. Ashley L. Kierkiewicz, Member
Ms. Heather L. Kimball, Member
Ms. Susan L. K. Lee Loy, Member
Mr. Herbert M. "Tim" Richards, III, Member(came in later)
Ms. Rebecca Villegas, Member
Absent and Excused: Mr. Matt Kaneali`i-Kleinfelder, Member
PLEDGE OF The Chair directed the Council to the next order of business, Pledge of
ALLEGIANCE: Allegiance.
(At this time, Ms. Kimball 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.
CERTIFICTES
AND MERIT, AND (There were none.)
EXPRESSIONS OF
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-20 August 4,2021
Dean Au: Bill 44 (Comm. 281), comments.
(representing Hawaii Regional
Council of Carpenters Hawaii
Island)
George T. Smith: Bill 44 (Comm. 281), in support.
Tanya Power: Bill 44 (Comm. 281), in support.
(representing West Hawaii
Association of Realtors-
Government Affairs Committee)
Joe Belisario: Bill 44 (Comm. 281), comments.
La`akea Suganuma: Res. 161-21 (Comm. 315), in support.
(representing Mary Kawena
Pukui Cultural Preservation
Society)
Patrick Kahawaiola`a: Bill 44 (Comm. 281), in support.
(representing the Keaukaha
Community Association)
Shaun Roth: Bill 44 (Comm. 281), in support.
(representing the American
Institute of Architects)
Kaleo Paik: Res. 161-21 (Comm. 315), in support.
(representing the Ala Kahakai
Trail Association)
Shirley David: Bill 44 (Comm. 281), in support.
(representing St. Michael's
Catholic Church)
Reyna Ramolete Hayashi: Bill 44 (Comm. 281), in support.
(representing the Trust for Public
Lands)
Emma Keohokalole: Res. 161-21 (Comm. 315), in support.
Pelehonuamea Harman: Res. 161-21 (Comm. 315), in support.
Paul Normann: Bill 44 (Comm. 281), in support.
(representing Community
Alliance Partners)
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Hawaii County Council-20 August 4,2021
William Keoni Fox: Res. 161-21 (Comm. 315), in support.
(representing the Ala Kahakai
Trail Association)
Brandee Menino: Bill 44 (Comm. 281), in support.
(representing Hope Services
Hawaii)
Kaikea Kaleikini Blakemore: Bill 44 (Comm. 281), comments.
(representing the Neighborhood
Place of Puna)
Keith Kato: Bill 44 (Comm. 281), in support.
(representing Hawaii Island
Community Development
Corporation)
Carolyn Pellet: Res. 161-21 (Comm. 315), comment;
Res. 178-21 (Comm. 344), comment;
Bill 45 (Comm. 294), comment;
Bill 54 (Comm. 322), in opposition;
Bill 55 (Comm. 323), comment; and
Bill 59 (Comm. 344), comment.
Christopher Delaunay Bill 44 (Comm. 281), comment.
(representing Pacific Resource
Partnership)
Darryl Oliveira Bill 44 (Comm. 281), support.
Abraham Sadegh Bill 54 (Comm. 322), comment.
CHR. DAVID: At this time, I'm going to close public testimony. And thank you,
everyone. Right now, I would like to move before we go on to taking a
communication out of order, I'm going to note that Clerk Henricks will be timing
our discussion to five minutes as our standard procedures for today's meeting.
And Mr. Clerk, can we please take out of order PC-23, Communication 320?
Change Order As directed by the Chair and with no objection from the Council Members,
Of Business: the following item was taken out of order.
PC-23 NOMINATION OF AARON SPIELMAN TO THE HAWAII COUNTY
(Comm. 320): CULTURAL RESOURCES COMMISSION
Motion to Approve: Ms. Lee Loy moved to adopt Planning Committee Report
No. 23. Seconded by Mr. Richards.
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Hawaii County Council-20 August 4,2021
CHR. DAVID: And Mr. Spielman, are you online?
(Note: At this time, Nominee Aaron Spielman came forward to address
the members of the Council.)
MR. SPIELMAN: Hello, good morning, Council. Aloha.
CHR. DAVID: Good morning. Yes, Mr. Spielman,just as a refresher or a
reminder, you were unable to be at Committees. So today we would like to hear
from you and then open it up to questions from Council Members. Thank you, go
ahead.
MR. SPIELMAN: Sure thing, sure thing. Thank you, aloha. Yeah, I had a jury
summons and the second call was yesterday. So quite an exciting couple of
weeks along with everything else going on in the community.
I was born and raised on Hawaii Island in South Kona. The summer before I
turned 15, I was part of an adventure with good family friends to paddle around
the island in a four-man outrigger sailing canoe, the `Elio Kai. Since then we
often canoe surf at Ke`e and Manini Beach. I moved to Waimea in high school
and graduated from Hawaii Preparatory Academy (HPA) in 1995. I moved to
Savannah, Georgia and graduated from the Savannah College of Art and Design
in 2000. I work on adaptive reuse of historic structures in Savanna, Georgia, Key
West, Florida, and Washington D.C. for 2002. And in October of 2001, I returned
briefly for a project documenting the old Shipman house, `Ainahou, at Hawaii
Volcano's National Park. It's about halfway down Chain of Craters Road.
The very tail end of 2002, I moved home and started working with the Kona
Historical Society on the Living Heritage Museum project. During this work I
documented several paniolo homestead cabins on Hualalai Mountain and Mauna
Loa. I worked in two architectural offices in Waimea, mostly high-end residential
architecture. But in the second firm, we actively worked with community
nonprofit organizations to successfully complete projects including the Hawaii
Wildlife Center and the North Hawaii Hospice building and annex. I started
Nanea Studios Inc. in 2004 and have continued efforts to engage with local
nonprofits and community groups including the Kailapa Community Association,
Kahilu theatre, and Mala`ai School Garden.
Over the years I've coached youth soccer and worked under Sharon Peterson at
HPA for the high school volleyball programs. In 2016-17, I served as club
President for the Rotary Club of North Hawaii. And I'm open for questions.
CHR. DAVID: Thank you. Thank you for that very comprehensive background.
Very exciting information and your life growing up in Kona. Council Members,
opening—Mr. Richards, go ahead.
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Hawaii County Council-20 August 4,2021
MR. RICHARDS: I guess in keeping with tradition, I know Aaron. And so—and
the fit is perfect. This is something—Aaron brings a lot, and I'm not going to
reiterate what he just said. But when I saw the name come forth, I went, okay this
makes all the sense in the world, because we bring local style but also outside
education and brings it together for us. So I fully support Aaron going forward
with this and I ask for the support of my colleagues. Aaron, thanks so much for
stepping up. Really appreciate it.
CHR. DAVID: Thank you, Mr. Richards. Anyone else. Ms. Kimball, go ahead.
MS. KIMBALL: Yeah, thank you. Again, in Committee I had mentioned that I
had a long conversation with Aaron and it actually ended up being almost an hour
I think, that we ended up talking. I also think he's a great fit for this. And really
appreciate you stepping up to serve in this capacity, Aaron. So look forward to
seeing you on the commission. Thank you, Chair.
MR. SPIELMAN: Thank you. Nice to see you in person.
CHR. DAVID: Thank you, Ms. Kimball. Ms. Kierkiewicz, go ahead.
MS. KIERKIEWICZ: Thank you, Chair. Just one question. Aloha, Mr. Spielman.
It's great to meet you in this virtual platform. Really excited about the expertise
that you're going to be bringing to the commission. I just have one question.
Based on your understanding of the commission's purpose, how do you see
leveraging your architectural expertise to elevate our cultural assets on Hawaii
Island? Do you have ideas related creative placemaking or other tactics that you
would consider?
MR. SPIELMAN: I'm a bit unsure of where I will fit in, but I believe in
collaboration and I believe my background and experience, professionally, but also
background in cultural understanding of Hawaii is what's going to bridge bring
Cultural Resource Commission to a place where we can document and frame and
understand the significance of unique locations throughout Hawaii.
I think we heard some earlier testimony about House Bill 161, specifically with
PONC (Public Access, Open Space and Natural Resources Commission) Ka`u.
And to me, learning about more places is half the fun, and the cultural significance.
And then my architectural experience is based probably more on structures, so if
there's cultural resource significance of buildings or a place, that might tie in well.
Otherwise, it's general understanding of Hawaii and how best to document these
places and frame them in a way that people can understand, so we can make good
recommendations to the Planning Director.
MS. KIERKIEWICZ: That sounds great. We look forward to all of your
contributions to the commission and to our island community. Mahalo, Chair. I
yield.
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Hawaii County Council-20 August 4,2021
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing none, I'd like
to note that, Ms. Bartolome, thank you for coming. We've proceeded and he's done
very well. Mr. Spielman, I want to just mahalo you for your commitment. And I
believe also that you're a perfect fit for this commission. So given that, I'd also like
to thank the Mayor for his nomination of you, to sit on this commission. So
Council Members, all those in favor of confirming the nomination of Mr. Spielman
to the Hawaii County Cultural Resource Commission, please say "aye."
Vote on PC-22: The motion to adopt Planning Committee Report No. 24
(Adopted) was carried by the following voice vote:
Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Lee Loy, Richards, and Chair David—7.
Noes: Council Member Villegas — 1.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
CHR. DAVID: Thank you, Clerk Henricks, I think we should go to the top of the
agenda.
Return to Order The Chair directed the Council to proceed to return to the order of business.
of Business:
COMMUNI- The Chair directed the Council to proceed to the next order of business,
CATIONS: Communications.
Comm. 341: REQUESTS APPROVAL OF A DONATION OF 35 CASES OF BOTTLED
WATER AND 125 REUSABLE BOTTLES
From Finance Director Deanna Sako, dated July 16, 2021. The donation from the
Waiakea Springs Company, valued at approximately $1,600, would be used for
the annual Richardson's Roughwater Swim Event.
Waived: FC
Vote on Ms. Kimball moved to accept the donations of 35 cases of
Comm. 341: bottled water and 125 reusable bottles to the Department of
(Approved) Parks and Recreation. Seconded by Ms. Kierkiewicz and
carried by the following voice vote:
Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas, and
Chair David—8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
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Hawaii County Council-20 August 4,2021
ORDER OF The Chair directed the Council to proceed to the nest order of business,
RESOLUTIONS: Order of Resolutions.
Res. 142-21: AUTHOURIZES THE FORMATION OF A WORKING GROUP TO DEVELOP
(Draft 2) A CONDITION ASSESSMENT OF COUNTY ASSETS AND TO URGE THE
ADMINISTRATION TO UTILIZE THIS ASSESSMENT TO TRANSFORM
THE DEVELOPMENT AND REPORTING OF THE CAPITAL BUDGET AND
CAPRITAL PROGRAM AS OUTLINED IN ARTICLE X, SECTION 10-6, OF
THE HAWAII COUNTY CHARTER
Council Members Ashley Kierkiewicz and Susan Lee Loy would Co-Chair the
Working group, which would include representatives from the Department of
Finance, Planning Department, Department of Public Works, Office of the
Corporation Counsel, and the Office of the Mayor.
Reference: Comm. 280.3
Intr. by: Ms. Lee Loy and Ms. Kierkiewicz
Approve: FC-53
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 142-21, Draft 2, and
Finance Committee Report No. 53. Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, ladies.
MS. KIERKIEWICZ: Thank you, Chair. I just want to thank my colleagues for
all of their recommendations and support of this work. We've had comprehensive
and detailed discussions in committee and I think we have finally come to a
shared understanding as to what the goals of this working group are. And I think
Council Member Lee Loy and I are just really excited to be working with the
various departments to come up with a tool that helps us as Council Members
make good decisions, and provide greater transparency to the public as to why we
are making those decisions. So just asking for continued support. Thank you. I
yield.
CHR. DAVID: Thank you. Ms. Lee Loy, go ahead.
MS. LEE LOY: Thank you. And thank you to Ms. Kierkiewicz. She's expressed
everything. But I just want to point out yesterday we had a wonderful discussion
with our new Legislative Auditor about risk assessment also. And I just see this
work so timely to be done in parallel with the departments and then with the
Legislative Auditor's Office. So I do continue to ask for my colleagues' support.
I yield.
CHR. DAVID: Thank you. Good point, Ms. Lee Loy. Anyone else? Seeing
none you know, is it okay to not do a roll call? I'll just call for the vote then.
Okay. Thank you. All those in favor of approving Resolution 142-21, Draft 2,
please say "aye."
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Hawaii County Council-20 August 4,2021
Vote on Res. 142-21: The motion to adopt Res. 142-21, Draft 2, and Finance
Draft 2 Committee Report No. 53 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas, and
Chair David—8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
Res. 161-21: AUTHOURIZES THE DIRECTOR OF FINANCE TO ENTER INTO
NEGOTIATIONS FOR THE ACQUISITION OF LANDS AND/OR
CONSEVATION EASEMENTS FOR ALL OR A PORTION OF THE
PROPERTIES INDENTIFIED AS TAX MAP KAYS 9-4-001:008, 009, 016, 017,
AND 023, SITUATED IN THE AHUPUA`A OF KIOLAKA`A AND
WAI`OMA`O, DISTRICT OF KA`U, UTILIZING THE PUBLIC AXXESS
OPEN SPACE, AND NATURAL RESOURCES RESERVATION FUND
The County seeks to acquire the properties in whole or conservation easements to
protect cultural and natural resources and important agricultural lands, preserve
portions of the ala loa or Ala Kahakai National Historic Trail, and facilitate
responsible public access. The parcels, consisting of approximately 1,841 acres,
were listed as the number two priority for acquisition in the 2020 Annual Report of
the Public Access, Open Space, and Natural Resources Preservation Commission.
Reference: Comm. 315
Intr. by: Ms. David
Approve: FC-54
Motion to Approve: Ms. Lee Loy moved to adopt Res. 161-21 and Finance
Committee Report No. 54. Seconded by Mr. Richards.
CHR. DAVID: Council Members, go ahead.
MS. LEE LOY: Ms. David, it's your resolution, please.
CHR. DAVID: I know, thank you. Thank you for the opportunity. And I don't
need to waive my chair, right? Okay. You know, listening to all our testifiers
from Ka`u this morning, they couldn't have said it better. And I think this
purchase, especially for Ka`u in protecting 80 some-odd miles of open space and
beautiful ocean and historic sites, speaks loudly for itself. And I just appreciate
your continued support for this acquisition or to start the process. So thank you,
Council Members. Mr. Richards.
MR. RICHARDS: Yeah. Thank you, Chair. I just wanted to reiterate. We just
went through some stuff for Mahukona concerning all this, and a concern was
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Hawaii County Council-20 August 4,2021
raised by a testifier with regards to conservation easement as opposed to outright
owning. And I've explored this thoroughly. I want the public to be rested
assured that the details will take care of any of the concerns that comes with that
conservation easement. And it's a little bit different way of managing but very
confident that when we have the conservation easement signed, the County will
well-assure that the intent of what we're trying to do with the PONC will be met.
So that's fine. It's a good way to go.
CHR. DAVID: Well said, Mr. Richards. Anyone else? Seeing none, all those in
favor of adopting Resolution 161-21,please say "aye."
Vote on Res. 161-21: The motion to adopt Res. 161-21 and Finance Committee
(Adopted) Report No. 54 was carried by the following voice vote:
Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas, and
Chair David—8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
Res. 163-21: AUTHOURIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
(Draft 2) AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE
FOR ONE COPY MACHINE FOR THE PLANNING DEPARTMENT
Authorizes the Mayor to enter into a two-year lease agreement with an
approximate monthly cost of$189.71, and would be used by the department's
Disaster Recovery team.
Reference: Comm. 321.2
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-55
Motion to Approve: Ms. Kimball moved to adopt Res. 163-21, Draft 2, and
Finance Committee Report No. 55. Seconded by
Ms. Lee Loy.
CHR. DAVID: Go ahead, Ms. Kimball.
MS. KIMBALL: Yes, I believe we discussed this in our Committee meetings.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor,please
say "aye."
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Hawaii County Council-20 August 4,2021
Vote on Res. 163-21: The motion to adopt Res. 163-21, Draft 2, and Finance
Draft 2 Committee report No. 55 was carried by the following
(Adopted) voice vote:
Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas, and
Chair David—8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
Res. 165-21: AUTHOURIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
(Draft 2) AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE
FOR ONE MULTIFUNCTION COLOR PRINTER FOR THE OFFICE OF THE
COUNTY CLERK, KONA COUNCIL DISTRICT OFFICE
Authorizes the Mayor to enter into a five-year lease agreement with an
approximate monthly cost of$295.
Reference: Comm. 325
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-56
Vote on Res. 165-21: Ms. Kimball moved to adopt Res. 165-21 and Finance
(Adopted) Committee Report No. 56. Seconded by Ms. Lee Loy and
carried by the following voice vote:
Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas, and
Chair David—8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
Res. 173-21: TRANSFERS/APPROPRIATES AN APPROPIRATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO THE COOPER CENTER
COUNCIL TO PURCHASE A 10-FOOT STRAGE CONTAINER FOR
STORING MISCELLANEOUS SUPPLIES AND USED MEDICAL
EQUIPMENT
Transfers $6,000 from a Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Department of Parks and Recreation,
Administration Other Current Expenses account.
Reference: Comm. 337
Intr. by: Ms. David
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Hawaii County Council-20 August 4,2021
Motion to Approve: Ms. Lee Loy moved to adopt Res. 173-21. Seconded by
Mr. Richards.
CHR. DAVID: Thank you, Ms. Lee Loy. And this is my contingency resolution.
It's to help the Cooper Center with purchasing a container so they could store
their equipment, because their storage in the past consisted of a tent and basically
that was broken into and a lot of their supplies were stolen. So we're trying to
help them out and secure all the donations that they get for the public. So
appreciate your support. Any other questions? Ms. Kierkiewicz, go ahead.
MS. KIERKIEWICZ: Chair, not a question but just a mahalo. I've worked
closely with a number of ladies at Cooper Center; Aunty Linda, Victoria Henry,
on a number of emergency food distributions and they work so incredibly hard.
And so this support is so incredibly needed and appreciated and I just wanted to
thank you for that. I yield.
CHR. DAVID: Mahalo. Thank you. Anyone else? Seeing none, all those in
favor of approving resolution 173-21,please say "aye."
Vote on Res. 173-21: The motion to adopt Res. 173-21, was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas, and
Chair David—8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
Res. 177-21: AUTHORIZES THE ACCEPTANCE OF A DONATION FROM PRINCE
KUHIO PLAZA, LLC, FOR THE USE OF RETAIL SPACE TO THE COUNTY
OF HAWAII
The donor waived rental fees for Hawaii County's use of retail space to conduct
vaccination events through July 31, 2021
Reference: Comm. 342
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
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Hawaii County Council-20 August 4,2021
Vote on Res. 177-21: Ms. Kimball moved to adopt Res. 177-21. Seconded by
(Adopted) Ms. Lee Loy and carried by the following voice vote:
Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas, and
Chair David—8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
Res. 178-21: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF
TRANSPORTATION, PURSUANT TO HAWAII RESIVED STATUTES
SECTION 46-7, FOR THE FEDERAL TRANSIT ADMINISTRATION
SECTION 5309 CAPITAL GRANT
Allows for the receipt of$8,000,270 in Federally-derived funds, which would be
used by the Mass Transit Agency for operational costs and to purchase five buses.
Reference: Comm. 344
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Ms. Kimball moved to adopt Res. 178-21. Seconded by
Ms. Lee Loy.
CHR. DAVID: Ms. Kimball, I believe
MS. KIMBALL: Yeah, I don't know if we have anyone here who can speak
CHR. DAVID: Mr. Andoh.
MS. KIMBALL: Okay, great. This was waived from Committee because of
timeliness. So if you can come on up and tell us a little bit about what this is
about.
(Note: At this time, Interim Mass Transit Administrator John Andoh came
forward to address the members of the Council.)
MR. ANDOH: Aloha and good morning to everybody. John Andoh, Interim
Mass Transit Administrator. The County was successful in getting what is called
the CRRSAA (Coronavirus Response and Relief Supplemental Appropriations
Act) Funding Grant through the section 53-11 program, which could be used to
fund our transit operations as well as the purchase of capital at a 100 percent
federal share with no local match. As you know we desperately do need to
replace our assets. And utilizing these funds will help reduce the need for GET
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Hawaii County Council-20 August 4,2021
(General Excise Tax) funds that we need to subsidize operations as well as
provide the full 100 percent cost from the federal government to pay for these
replacement buses.
Since we got this MOA (Memorandum of Agreement) from the State recently,
we're requesting Council approval so we execute a short order to be able to
implement these activities.
MS. KIMBALL: Thank you, Acting Administrator. I appreciate it. That's it. I
yield.
CHR. DAVID: Thank you. Anyone else? Ms. Lee Loy, go ahead.
MS. LEE LOY: Thank you. Thank you, Mr. Andoh, for being here. You know,
you just got into office and here you are before the Council, introducing a bill to
add, what I'm seeing is $8 million. Thank you so much for going to get that
money. You mentioned that this provides no match.
MR. ANDOH: No match whatsoever.
MS. LEE LOY: Again, music to my ears. But I do want to talk a little bit about
what type of assets that this type of money can purchase.
MR. ANDOH: So under the regulations produced by the FTA (Federal Transit
Administration) we can buy basically any capital asset that we need that supports
our transit operations. We, working with HDOT (Hawai`i Department of
Transportation), determined that getting the transit buses was the most immediate
need, so we can start building a fleet replacement plan and start having a better
way of replacing our assets going forward into the future.
And then also, as you know, we contract with Roberts Hawaii, to operate the
transit system. So using $4.5 million of that will allow us to continue to sustain
services and then at least save some of our GET to implement the actions of the
Master Plan that we're looking to do on September 5h.
MS. LEE LOY: Great. Thanks, Mr. Andoh. So half for the subsidies that we're
providing with, or what we're going with Roberts. Do you have a number, as far
as assets we can buy with the balance?
MR. ANDOH: We're looking at two 30-foot buses, and three 40-foot buses.
MS. LEE LOY: Okay.
MR. ANDOH: And I am working,just as an FYI,with Finance so that we can do
a term RFP (Request for Proposal)which will come to Council to request
approval so that we can ultimately have a five-year contract to buy 30, 35, and
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Hawaii County Council-20 August 4,2021
40-foot buses. And with all of the grants that we've been getting, it'll allow us to
purchase these buses quickly and be able to get them on the road to stop utilizing
older, donated assets.
MS. LEE LOY: Mr. Andoh, based on this and that vision, how quickly do you
think we can begin to transition out of the aging fleet that we have and get some
of these assets?
MR. ANDOH: I'm working on a fleet replacement plan as we speak, that will
spell out, with all of the grants that we receive, how we're going to strategically
replace those buses. And I'm also drafting that RFP as we speak. I'm hoping to
have all this done by September. I'm working fairly aggressive as you can see.
But I know the desperate need that we need to get out of this situation that we're
in.
MS. LEE LOY: Great. Thank you for that. And I may be pushing you a little
harder, when we bring you before the Council. On August 17'', maybe you could
share some of that with us.
MR. ANDOH: I'd be happy to do so.
MS. LEE LOY: Great. Thank you. Chair, I yield.
CHR. DAVID: Thank you, Ms. Lee Loy. Mr. Richards, go ahead.
MR. RICHARDS: Thank you, Chair. And thanks, Mr. Andoh, for being here. I
won't reiterate what Councilwoman Lee Loy has said, too much of it. But I do
appreciate the fact, and for our conversation if you could just expand a little bit on
the age of our fleet versus the age of the national average of the age of the fleet so
you can give the Council an understanding per our conversation?
MR. ANDOH: Yes. Since I got here I've been analyzing all of our fleet
inventory, working with Finance to see what we need to dispose. And based on
the 45 buses that we have based on donations and the Counties that we've already
had historically, our average age is about 16 years old. And normally the industry
average is between three to six. So as part of this fleet replacement plan that I'm
working on, I'm hoping that we can, as we start buying these buses with the
grants we receive, that we could drop that age significantly and then have a good
state of good repair transit assets management plan, so that going forward, from a
financial standpoint we can replace these assets timely and not get in the situation
that the agency was in previously.
MR. RICHARDS: Okay. Thank you, Mr. Andoh. And a thing to discuss and I
think, Ms. Lee Loy is expecting a conversation on it, but we're seeing buses but
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Hawaii County Council-20 August 4,2021
we're not seeing the fuel that's going to be powering these things and we've
discussed that as far as zero-emission bus. Just can you fill out a little bit and if
any of this funding is going to be purchasing some of that?
MR. ANDOH: I'll have to double-check what we specifically put in the grant.
So it's likely that they're going to be diesel buses. However, as we apply for the
grants we're supposed to designate the type of fuel that we would like to the
Federal Transit Administration. So with the desire and the resolution that's been
passed in the past to go zero emissions, I envision it'll be our intent to start
looking at either hydrogen or electric, zero emission-type vehicles in future
grants. I do want to just quickly mention that we were successful with HDOT and
Maui and Kauai in getting a low-no (Low or No Emission Vehicle Program)
grant, which we'll be getting four 35-foot electric buses to the system with some
charging infrastructure. And we're working with HDOT and Center for
Transportation Excellence on how we're going to implement that grant.
MR. RICHARDS: Okay. Thank you, Mr. Andoh. And this is tackling the
question, how you say, as quick as possible. I know there's been a backlog of
orders and manufacturing and delays in delivery, etcetera, etcetera, etcetera.
Realistically, when do you think some of this new equipment will actually be
wheels on the ground here on Big Island?
MR. ANDOH: At the previous transit agency I worked at, it was about a year
from the time we entered the purchase order until the buses got delivered. From
talking to the big three that would be able to build these buses, I'm being told
were about a 12 to 14 months at this point.
MR. RICHARDS: Okay. I just want to get that out for the community not to
think it's going to be delivered in a couple of months. And that's pretty standard
with what I've heard too. So again, Mr. Andoh, thank you very much. Thank you
very much for the conversation. And I think we as a Council have to recognize
we are transitioning towards low-emissions, no-emissions, zero-emission. But
there will be a transition time until we get there. So thanks for your effort. And
again, music to my ears about no match. I appreciate that. So thank you, Chair. I
yield.
CHR. DAVID: Thank you, Mr. Richards. Ms. Kierkiewicz, you had your light
on? No, he did, okay. Awesome. Anyone else? Seeing none, Mr. Andoh, thank
you for being here today and for the great information that you've provided this
body. So we look forward to seeing you again.
MR. ANDOH: Thank you.
CHR. DAVID: All those in favor of approving Resolution 178-21, please say
Ic aye.
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Hawaii County Council-20 August 4,2021
Vote on Res. 177-21: The motion to adopt Res. 178-21 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas, and
Chair David—8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
BILLS FOR The Chair directed the Council to proceed to the next order of business,
ORDINANCES: Bills for Ordinances (First Reading).
(FIRST READING)
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
Postponed: July 7 and 21, 2021
(Note: there is a motion by Ms. Lee Loy, seconded by Mr. Richards, to pass
Bill 44 on first reading.)
(Note: Comms. 281.19, 281.20, 281.21, and 282.22, from Council Member
Rebecca Villegas, transmitting proposed amendments to Bill 44; and
Comm. 281.23, from Council Member Susan S. K. Lee Loy, transmitting
proposed amendments to Bill 44, were circulated.)
CHR. DAVID: Thank you, Clerk Henricks. Ms. Lee Loy, go ahead.
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Hawaii County Council-20 August 4,2021
MS. LEE LOY: Thank you. Thank you, Chair. Picking up where we left off. I
actually wanted to take the time to call forward Ms. Dalilah Schlueter from
Corporation Counsel. And thank you, Chair,just for a little bit of latitude because
it got clunky at the end there. And so I just wanted to have Dalilah remind us of
where we're at and just some of the pathways that we have in front of us. So
Dalilah, thanks for being here. My first question is really about passage of Bill 44
and its connection to, you know, we hear it all the time about Bill 179, which is
now Ordinance 20-61. And so my question is, what are the impacts of passing
Bill 44 and its alignment or maybe lack of. If you could share if there's any
missteps between Ordinance 20-61 and what we have in front of us?
(Note: At this time, Deputy Corporation Counsel Dalilah Schlueter came
forward to address the members of the Council.)
MS. SCHLUETER: Good morning, everyone. Dalilah Schlueter, Deputy
Corporation Counsel. I going to give you a brief answer, but we may need some
more details from DPW (Department of Public Works)just because of their
technical knowledge of it. So my understanding with how Bill 44 works into that
language that was Ordinance 20-61, is that 20-61 was essentially designed to lay a
framework for future building codes to be adopted and put in place. It's my
understanding that it had to do with an organization of organizing the family of
codes to be a cleaner, more workable function, you know, regardless of what that
future code would be that would be amended. So Bill 44, as I understand, was
designed so that it will work into that language without disturbing the structure of
20-61. And this is where I need DPW to confirm if there's anything replaced and
what not through that, because it's a little bit outside of my scope.
MS. LEE LOY: Great, Dalilah. And then at our last meeting, there were some
votes, and we learned a valuable lesson about what happens if Bill 44 were not to
pass. And so I just want you to remind us because the question keeps coming up.
What are we going to default into? If you could remind us of that?
MS. SCHLUETER: Yes. So the statute that controls what a County defaults to is
HRS 107-28 (Hawai`i Revised Statutes), subsection (b); where it specifies that if
the Counties fail to—"If a county does not amend the Hawaii state building
codes within a two-year time frame, the Hawaii state building codes shall
become applicable as an interim county building code." And now currently, the
Hawaii State Building Code is the 2018 edition, as amended. So that section
really doesn't leave a menu.
I know that there's been a lot of discussion of, you know, whether it's `18, how it
could be '12. And I read an email even as recent as yesterday from one of the
testifiers who commented, you know, exactly that. Had the County previously
adopted the 2012 codes during the last year,prior to November 2020, we
wouldn't be dealing with a default situation, number one; but that's how the 2012
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Hawaii County Council-20 August 4,2021
would have been applicable. But now we're dealing with a default situation and
at this time defaulting to the State Code, the State Code is the 2018 edition, as
amended by the State.
MS. LEE LOY: So just to kind of wrap that all up. Bill 44, is those adjustments
to the State Building Code Council's 2018?
MS. SCHLUETER: That's correct. Bill 44 is bringing in the 2018 Residential
Code, the IRC (International Existing Building Code), and the existing building
code, the IEBC (International Energy Conservation Code), with the State
amendments, which is what we're required to do, creating that floor, and then
allows the County to make certain amendments thereto. So that is what Bill 44 is.
MS. LEE LOY: Great. Thanks, Dalilah. Director Rodenhurst, if you could just
come forward because we have a number of amendments. And I also have a
housekeeping one that I know really enhances what we're trying to do. But just
from a high level, Director, you know, you've had a chance to look at some of the
amendments and we'll get into it. You know,just some real high-level thoughts
on how we navigate going forward.
(Note: At this time, Public Works Director Ikaika Rodenhurst came
forward to address the members of the Council.)
MR. RODENHURST: Yeah, definitely. Ikaika Rodenhurst, Director of Public
Works. Here we are talking about the update to the Building Code for Bill 44.
This is, as explained, this is a long process. This precedes me. This starts off
with the implementation of Ordinance 20-61, which gives us that framework to
install these codes. This whole process with DPW, with Clerk's Office, with
Sue's Office, has been a collaboration in making this move forward and applying
to the State Building Code Council and the HRS that are applicable here. It's not
just what we're seeing here today. This is part of a bigger picture because we're
also looking at—you know, I'm not going to get into it, but there's additional
codes we need to update part of this default, including the IBC (International
Building Code) for the 2018 and the IEBC for the 2018.
As it stands now, because the next code amendments that's pending right now
hinges off of this, we're looking at default regardless for the IBC (International
Building Code) and the IEBC at the end of this month. And that's besides
whether Bill 44 goes forward, Bill 44 gets amended, Bill 44 dies; it's still going to
have a default on the IBC and the IEBC.
Now that I got that out of the way, we went through this process, and some
commented this seemed like a rushed process. Well it's because it was kind of an
accelerated process based off of the circumstances following Ordinance 20-61,
the administrative pause, and what we had coming on the pipeline on this. We
did provide more commentary period in April than he had previously. It was a
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Hawaii County Council-20 August 4,2021
month, and we allowed the public to provide their comments. And we took those
comments, which we discussed and we put forward at I believe it was Committee
originally.
Furthermore, the State Building Code Council meets on a regular basis every
month that allows for public to chime in on it, to submit testimony. They meet on
a regular basis, and we do encourage the public, design professionals, whoever is
interested to attend that. Because as we've discussed, a lot of the things that we
experience here start at the State Building Code Council for these codes.
As we've stated, this is us installing the IRC and the IEBC through that process.
There are some housekeeping changes that were made to keep consistency with
our code, and that's why at the previous Council meeting, we could not stand by
and support the amendments as they were. That were at the time, were restricting
factory-built housing, which is an alternate method that was recognized in other
municipalities. The amendments conflict with other parts of the code and
possibly create additional confusion.
And then the additional inspections, as has been in discussion about increased
regulation and what not, in the same Council meeting we had an argument about
why we wanted to take away some of the structural review which was determined
that some people were stating it was an overregulation. So on one hand we're
talking reducing that regulation; on the other hand inspection, additional
regulation which we don't even have that covered. And I don't know of any
municipality that has that in their factory-built housing process, where they have
that second inspection. And that's why I could not stand by those amendments. I
did not agree with them.
At this point, we are at risk of defaulting to the State Building Code. I would hate
for that to happen. It wouldn't be ideal. This is the summary of a long, long
process. Again, it's worked through with part of the Council, help of Clerk's
Office, and help of our department. And I would hate to see all that work for
nothing and have us to default. So at this time, happy to take questions, happy to
go over some more specifics here. But I just wanted to recap of where we're at,
how did we get here, and how can we move forward.
MS. LEE LOY: Thank you, Director. With that Director, we'll move forward?
Okay, great. I'd actually like to offer up an amendment to Bill 44.
Motion to Amend: Ms. Lee Loy moved to amend Bill 44 with the contents of
Comm. 281.23. Seconded by Mr. Richards.
CHR. DAVID: Go ahead.
MS. LEE LOY: Thank you, Chair. Thank you, Director Rodenhurst. At our last
meeting we heard some comments and concerns. Just to provide clarity, what I'd
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Hawaii County Council-20 August 4,2021
like to share with my colleagues on this isactually was something that
Ms. Villegas brought up about the seal, right, the "seal" or the "label." This
amendment contains that clarity of seal or label. There are other amendments, or
other clarifications or typographical errors that was contained in 44, and this
amendment does that. We correct those typos and/or formatting issues that were
contained. And it's rather straight forward.
This was done in collaboration with the department, with legislative review
branch, and I also did float this to our architectural community, our design and
drafts people. And we did hear from them today, Sean Roth being one of them,
that this was actually something they could support as users of the code.
Especially, there was one real clunky part in that amendment where we actually
called "housing"when it should be "house." And so that was real critical to our
design community to make sure that we actually have the correct terminology that
is shared by all the other municipals across the state. I'm willing to answer any
questions from my colleagues. But this again, is a housekeeping issue, and I ask
for your support.
CHR. DAVID: Council Members?
MR. RODENHURST: Can I put in a comment?
CHR. DAVID: Go ahead, Director.
MR. RODENHURST: So we did have this discussion, and this is a discussion I
also had with Council Member Villegas this past Monday regarding a follow-up
to last Council's meeting. This is a part where I can agree on as far as the label
versus seal. As Council Member Lee Loy said, this is where we made some
adjustments to the vernacular on using "houses" and adding in that seal versus
label. So we've gone over that.
CHR. DAVID: Thank you, Director. Questions, Council Members? Mr. Inaba,
go ahead.
MR. INABA: Thank you. Council Member Lee Loy, can you explain, I don't
know what number we call this, Number 6 on subsection (2), (Comm. 281.23,
Item 1, subsection (a)(2)) with regards to changing the word"chapter"to "code,"
and removing "administrative rules." I just need clarification because it seems
like we're using chapter both times, but now we're using code and chapter.
MS. LEE LOY: Thank you, Council Member Inaba, for this. And the IRC is the
code. And when we adopted Ordinance 20-61, and I'm going to actually lean on
Ikaika a little bit, we had it as chapter. But this references the IRC code. Before
it was a chapter, before we realigned that whole housing of all of our family of
codes in one place, and so this provides the clarity that it's the IRC, made part of
the code. Is that—?
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Hawaii County Council-20 August 4,2021
MR. INABA: Okay, so I understand that.
MS. LEE LOY: So we're pointing it, yeah, into the right direction.
MR. INABA: Yeah. And then in the next line, why do we use chapter instead of
code? It was "chapter,"right, that we changed to "code?"
MS. LEE LOY: Yes.
MR. INABA: And now we're
MS. LEE LOY: So we're pointing to the IRC code, but it's made part of our
entire chapter five. So we put all our codes together in chapter five. And as we
plug in, as Dalilah mentioned, right? We started this framework 5A, 513, 5C, so
we're plugging in the IRC into that specific section. That's the IRC code and it
goes into chapter five in this respective area.
MR. RODENHURST: And just to clarify, so it's Chapter 5B of our County
Code. So that's where that chapter is, Chapter 5B. And this code that's
referenced in this paragraph is the IRC, the International Residential Code, as
listed on there. So it's referencing the IRC code. And that's why it was changed
to code.
MR. INABA: Okay. I'll take a moment to digest that. We'll move on to the next
amendment right below that the reason for adding or sheltering in.
MS. LEE LOY: Yeah. So thank you for that one. And that actually is to remain
consistent with all the other municipals; Maui County, Kauai, City and County of
Honolulu, we're actually maintaining the uniformity across the state. And if I
could just expand on that for the rest of my colleagues. I'm very passionate about
maintaining this consistency because we heard a number of testifiers today talk
about housing and housing opportunities, specifically Department of Hawaiian
Home Lands. And they have been working incredibly hard to provide housing
opportunities on all of their lands for all the beneficiaries all across the State. And
this maintains that uniformity for all of our beneficiaries across the state whether
they're trying to do housing on Kauai or here in Hawaii County.
I am trying my hardest so that when people are trying to get into housing,
specifically Department of Hawaiian Home Lands, that they have a bright
pathway on how to stand up housing for the beneficiaries. I hope that explains
why I'm trying to maintain that consistency.
MR. INABA: Okay. I mean, it makes sense.
MR. RODENHURST: Can I add to that further, if possible?
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Hawaii County Council-20 August 4,2021
MR. INABA: Can you explain, Director Rodenhurst, was this part of what we
got from the State or how come it was different all this time?
MR. RODENHURST: So the reason it's different, if you actually look at our
Code 5A-2-1, if I'm not mistaken this is subsection (d), subsection (2) of that, it
defines building under the IBC. And it's very similar language to this one except
it says, for 5A, "A building any structure used or intended for supporting any use
or occupancy." And that's because the IBC covers structures outside of
residential. Now for the residential, we included sheltering because it's more
specific than the IBC. It applies to the residential side.
Now the reason why those two need to be very similar and able to use is because
once we go outside the IRC, once we go outside the prescriptive method, that's
where the IBC applies. And so to have that link between IBC and IRC is helpful
on us and our review process and also for design professionals when submitting.
So if they go above and beyond of what a prescriptive method is and start going
into the formulative methods, it gives us that quick connection for review, that we
can go, "It's a building for shelter and this is how these apply to that." So that's
why we are keen on keeping it as it is where we just add sheltering, because the
sheltering part is the specifics to the IRC because this is for residential versus the
IBC which is for multiple or various uses. And that's the connecting factor where
it has the same definition beside that. Where the IRC is specific for residential
and sheltering, IBC is for any type.
MR. INABA: Okay. So this is an oversight then in our first draft of Bill 44?
MR. RODENHURST: Well in the initial draft of Bill 44 if I'm not mistaken, we
have it included, "Means any structure used or intended for supporting or
sheltering any use for occupancy." The sheltering has been there, this time.
MR. INABA: We haven't amended Bill 44, right, at all?
MS. LEE LOY: Nope.
MR. INABA: Okay so this is the first time we're having it added in; sheltering?
MR. RODENHURST: Sheltering was part of the original submission of Bill 44.
MS. LEE LOY: I'm going to try and not confuse everyone. The IRC is the
Residential Code. The IEBC is the Existing Building code. And they have two
very different functions. And so this amendment maintains the connectivity
between the Residential Code and any other use of our family codes. There are
specifics within all of those family of codes. And so we're just trying to ensure
that when we talk about our codes, we're not leaving parts of it behind. We're
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Hawaii County Council-20 August 4,2021
actually wanting to keep it very inclusive, and again consistent with how all the
other municipals use the codes whether it's Hawaii County, Kauai, Maui, or City
and County of Honolulu.
MR. INABA: Okay. And to clarify my question, this is the first time we're
seeing sheltering added into Bill 44, right or no? I don't see it in—I mean, it's an
addition right here via this amendment, right?
MR. RODENHURST: So, yes, it's
MS. VILLEGAS: Can I answer this?
MR. RODENHURST: Yeah, to be
MS. VILLEGAS: I have a copy her of Bill 44, and it's already included.
CHR. DAVID: Wait, Ms. Villegas. Hang on, hang on
MR. RODENHURST: So it's included in Bill 44, under page three, under the
definition for 513-1-6. This one is referring to later on, on page seven of Bill 44,
where, as definition of`Building,"under Section R202, and it's fixing that.
Because at that point we have in the original Bill 44, "Any structure used or
intended for supporting any use for occupancy," like I mentioned. Here we're
writing that. So it is included in part of Bill 44, it was caught that it was missed
adding that sheltering portion to this specific area of Bill 44 on page seven.
MR. INABA: Okay. Here we go, getting an understanding. Okay, next
amendment. Section number three, it seems just like these are words to make
reading easier. Is that—
MR.
hatMR. RODENHURST: It's a very tedious process, yes.
MR. INABA: Is that just, yes?
MS. LEE LOY: Yes.
MR. INABA: Okay. Thank you. That's all I have for now.
CHR. DAVID: Thank you, Mr. Inaba. Ms. Villegas, did you have your light on?
MS. VILLEGAS: Yeah.
CHR. DAVID: Go ahead.
MS. VILLEGAS: Thank you for clarifying that. That really helped to just put it
to the next page because it was so similar to the prior page potentially. I just have
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Hawaii County Council-20 August 4,2021
a question going back to number 2, in Section 1 of Bill No. 44 that amends
paragraph 513-2-1. When we're talking about the definition of a building, can you
read me the definition of a building as it currently exists according to the SBCC
(State Building Code Council)?
MR. RODENHURST: Give me a moment, I believe (Neal) Tanaka is in from
Kona. If he has that before I do, if he wants to comment on that.
MS. VILLEGAS: Great, I was going to ask where was today as well. There he
is. Great, we can see you now.
(Note: At this time, Acting Deputy Building Chief Neal Tanaka came
forward to address the members of the Council.)
MR. TANAKA: Good morning, Council Members. Neal Tanaka, Acting
Building Chief. So Council Member Villegas.
MS. VILLEGAS: Yeah.
MR. TANAKA: So that I understand your question, you're asking what is the
current definition in the State Building Code Council for buildings?
MS. VILLEGAS: Yes.
MR. TANAKA: Okay. This is something that I'm going to need to pull up and
look at as well.
MS. VILLEGAS: Okay, well maybe then I'll just go to a different question
which is that according to that, what you know of, does the definition currently
include any structure mounted on wheels such as a trailer, wagon, or vehicle? Do
those allowances for structures on wheels currently exist underneath the definition
of"building" in the current building codes?
MR. TANAKA: If you would give me one second to pull that up.
MS. VILLEGAS: Sure.
MR. TANAKA: I'd be happy to answer that more precisely.
MS. LEE LOY: Chair? Chair?
CHR. DAVID: Thank you. Go
Point of Clarification: MS. LEE LOY: Just a point of clarification because I keep having to track the
question. The first question was, where does it exist in the State Building Code
Council definition? That was your first question.
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Hawaii County Council-20 August 4,2021
MS. VILLEGAS: What I'm trying to get at is whether or not in Bill 44, we're
adding in all of these definitions for a building on wheels. And I'm just going to
step back for a second and make a couple of personal statements.
First of all, I just wanted to clarify for those that testified, I wanted to apologize
for the miscommunication and my inability to communicate accurately. My
intention for the amendments that we spoke of last time was not about prohibiting
trailer homes, motor homes. I am in complete and full support of tiny homes, of
factory-built housing, any means of getting shelter over our people. This is not
what my amendments pertain to. I wanted to clarify that for Mr. Kahaleloa. I
fully understand those concerns and that intention, especially when it comes to
Hawaiian homes. And my heart has been for the loss on Hawaiian homes in the
Waimea area recently and some of the inequity in water being available to help
some of the people there.
I also want to clarify with Ms. Powers, that I am in no way in opposition to tiny
homes or any other kind of home being able to be transported to a site and be
placed there in order to provide shelter. Also, for the people who spoke with
concerns about homelessness, I think that my service in the last couple years, my
hands-on sweat equity, working side by side with people to actually build tiny
homes to put our homeless population and allow for them to have shelter, speaks
to that.
I was disappointed to not get a call back from Mr. Tanaka about some of the
questions that I had about this bill in the last week. I want to thank you,
Mr. Rodenhurst, for taking the time to talk to me. Unfortunately, still clear as
mud in a lot of ways. I had, as we go
CHR. DAVID: Can I, can IMs. Villegas, we are on the amendment, and
granted I gave you some latitude because I know you wanted to express
MS. VILLEGAS: It's a point of personal privilege. Thank you.
CHR. DAVID: Okay. And so can we now get back to the
MS. LEE LOY: Yeah, Chair. Yeah, I'm just trying to track because she
mentioned about State Building Code Council and then where the definition is in
the code. And I have Ordinance 20-61—
MS. VILLEGAS: Can I just ask really quickly, when you're saying definition
MS. LEE LOY: Chair, I think I actually have the floor right now.
CHR. DAVID: Yes. Ms. Lee Loy has the floor. Hang on.
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Hawaii County Council-20 August 4,2021
Point of Order: MS. KIMBALL: Point of order. Point of order. Actually I have to object and
say, Council Member Villegas did have the floor. If you had a point of
information
MS. LEE LOY: I did.
MS. KIMBALL: Which I don't think that is a point of information, a very
specific question. I think it is up to the people who are being asked to respond to
the question. If they need clarification about what Ms. Villegas is asking. Thank
you, Chair.
CHR. DAVID: Thank you for your point.
MS. LEE LOY: Chair, if I might? Just want to be listening accurately.
CHR. DAVID: Okay, hang on a second. I think—let's. Ms. Kimball's point of
order is well taken. I think, Mr. Rodenhurst, could you answer Ms. Villegas's
question?
MR. RODENHURST: So for right now, I know that Tanaka is looking up the
State Building Code definition. I would like to, at the same time, point to
definition that we have defined as "building"under Ordinance 20-61, in our
County Code under 5A, as building; a building is "any structure used or intended
for supporting any use or occupancy. The term shall include but not be limited to,
any structure mounted on wheels such as a trailer, wagon, or vehicle which is
parked and stationary for any 24-hour period, and is used for business or living
purpose; provided, however, that the term shall not include a push cart or push
wagon which is readily movable and which does not exceed 25 square feet in
area, nor shall the term include a trailer or vehicle used exclusively for the
purpose of selling any commercial product therefrom, which holds a vehicle
license and actually travels on public or private streets."
As I mentioned before, I was clarifying that definition for Council Member Inaba.
This is already in our Code in 5A. The reason we're having this in 5B is to
provide that consistency and adding the sheltering to provide the specifics to
Residential. Furthermore, other counties such as the City and County of
Honolulu, incorporates the same definition in their buildings. That's what I have
as far as our Code and how it relates to some of our other municipalities. I'm not
sure if this has been enough time for Neal to find that definition.
MR. TANAKA: Yes. Thank you for the latitude. I have found the definition.
So the State Building CodeI'm sorry. Neal Tanaka, Acting Deputy Building
Chief. The State Building Code did not address the definition. So to that end it
would be the model code definition which says, "any one- or two-family dwelling
or portion thereof including townhouses used or intended to be used for human
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Hawaii County Council-20 August 4,2021
habitation or living, sleeping, cooking, or eating purposes, or any combination
thereof, or an accessory structure. For the definition applicable in Chapter 11, see
section N11-01.6."
So it's an obvious inconsistency with the definition of"building"throughout our
codes. And so, as Director Rodenhurst mentioned, the additional sheltering
encompasses dwellings, and continues to be consistent with not only Chapter 5A,
but with our Ordinance 20-61, our Administrative Code, where the definition of
"building" also is defined in section 5A-1-5. So the definition of"building" in the
Admin. Code, Chapter 5 as existing, NSC (National Safety Council) IRC and the
IEBC are all consistent. And Ms. Villegas,just for the point of clarity. I
apologize for not calling back. But there was a meeting set up that was canceled
unfortunately, and we are running EPIC (Electric Processing and Information
Center) and trying to get that up and running. So again, my apologies during that
time.
MS. VILLEGAS: Thank you, Mr. Tanaka. I appreciate you pulling that
definition up. That's helpful for me.
Point of Clarification: MR. RODENHURST: Can I add one more point of clarity to that as well?
MS. VILLEGAS: Yes,please.
MR. RODENHURST: So talking about the Building Code and definitions, if we
also look at the thank you, Tanaka, for providing the definition for the IRC for
building. If you look at the IBC for building, it's, "Any structure utilized or
intended for supporting or sheltering any occupancy." So as you can see, within
the family of codes already, which would be the IBC and the IRC is a little bit of
communication gap on that.
MS. VILLEGAS: Well because one is for business and one's for residential.
MR. RODENHURST: No necessarily
MS. VILLEGAS: I'm sorry, building
MR. RODENHURST: The IBC applies to—it's more of a general. It
encompasses everything outside the specifics of the IRC when applied to
residential. I know it's, believe me, it's not the easiest to deal with. That makes
this process harder, but we're doing our best to clarify it as we can. So the IBC
applies when the IRC is not kept to the prescriptive methods as we previously
talked about. You design a home to the IRC within the prescriptive methods, you
won't have to apply to the IBC or anything else. If you deviate from the
prescriptive methods set forth in the IRC, that building design will be subject to
review under the IBC.
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Hawaii County Council-20 August 4,2021
MS. VILLEGAS: Gotcha.
MR. RODENHURST: And that's where we house our structural formulative
design measures.
MS. VILLEGAS: Okay. Thank you for the clarification on "building" in some
capacity. I still have concerns in some ways about that just in general. But as you
mentioned before, there's this back and forth between what's for safety, some is
allowing. I mean, it's really challenging.
One of my questions here in relation going back to the other amendment which
was prior relates to the IRC and this transition. And this was talked about in our
prior meeting when we talked about the concerns related to set forth the subject to
any amendment set forth in administrative rules. And instead it says, "set forth in
this chapter."
So once again, I just have concerns with this particular amendment because once
again, so many things are added in one thing and it's really concerning. But yeah,
I'm just going to yield for now.
CHR. DAVID: Thank you, Ms. Villegas. Anyone else? Ms. Kimball, go ahead.
MS. KIMBALL: Thank you, Chair. Yeah, I want to revisit that one because that
was one we had a long discussion about last time. And again, I appreciate
everything that DPW does, but no one should have authority to change things
passing through us first. So I'm just reading this now and I think I'm asking this
for clarification because I think what was said before actually muddied the waters
instead of made it clear.
So "The following appendix is added to the International Residential Code and
made part of this code." That right there, "this code" is the Hawaii County Code
or ?
MR. RODENHURST: The IRC, as adopted by Hawaii County. Neal, correct
me if I'm wrong.
MS. KIMBALL: That would seem redundant? "The following appendix is added
to the International Residential Code and made part of the International
Residential Code,"that's what you're telling me, if where it says refers to "this
code" means the IRC.
MR. RODENHURST: As adopted by Hawaii County under Chapter 5B.
MS. KIMBALL: Okay, maybe we can add those words so that this doesn't—
Page
oesn'tPage 28
Hawaii County Council-20 August 4,2021
MR. TANAKA: Ms. I apologize. Neal Tanaka, from Kona. Council Member
Kimball, if I may point you back to our definitions section 5B-1-6, page three.
The definition of this code is there to indicate, "means the residential building
code contained in Chapter 5B," as Director Rodenhurst just said.
MS. KIMBALL: Yup.
MR. TANAKA: Does that provide the clarity that you're looking for?
MS. KIMBALL: It certainly does but I don't think that there's any reason not to
be clear in the language of this amendment and repeat that because I think it is
confusing. I mean, its general rule of thumb to be specific, I think. It would
never refer to anything else, granted.
MR. TANAKA: I think, for us when it comes to clarity, if we have a definition,
we want to make sure that definition is consistent throughout our codes. And
sometimes less words is better. And then we're not introducing more confusion.
So if the definition which is by right to define the word to be included again, if we
need to introduce amendments in the future, now we're looking at several places
of trying to clean up an ordinance, right? So the intent is always to define it in the
definitions and try and utilize that word as efficiently as possible.
MS. KIMBALL: I think this isI'm going to have to think about this. Go ahead.
MR. RODENHURST: I would also like to point out that this is also taken from
the State Building Code and their adoption language
MS. KIMBALL: That exact language.
MR. RODENHURST: So their adoption language for the International
Residential Code is "the International Residential Code for one-- and two-family
dwellings, 2018 edition, as copyrighted . . . "I can go through that. I'll skip
ahead, "This incorporation by reference includes all parts of the International
Residential Codes subject to the amendments here and after set forth, the ICC,
International Residential Code for one- and two-family dwellings, 2018 edition, is
made a part of this chapter, subject to the amendments provided in this code. The
appendices of the ICC, IRC, are not adopted except as provided in this code." So
that's where we took some of the language from State Residential Building Code.
MS. KIMBALL: Okay. That clarifies it. Thank you. I yield.
CHR. DAVID: Thank you, Ms. Kimball. Anyone else? Seeing none, thank you,
Director, and thank you, Mr. Tanaka, there in Kona. On the amendment,
Mr. Henricks, go ahead with the roll call.
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Hawaii County Council-20 August 4,2021
Vote on Motion The motion to amend Bill 44 with the contents of
to Amend: Comm. 281.23 was carried by the following roll call vote:
(Approved)
Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas, and
Chair David—8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
CHR. DAVID: We have other communication? No? Okay. Alrighty. On
Bill 44, as amended, with the contents of Communication 281.23, Mr. Clerk, go ahead.
Vote on Bill 44: The motion to pass Bill 44, as amended to Draft 2, on first
Draft 2 reading was carried by the following roll call vote:
(Approved)
Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas, and
Chair David—8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
CHR. DAVID: Alright, we can move forward. Bill 54,please.
Bill 54: 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 —Housing Choice Emergency Housing
Voucher Program account($1,250,000) and the Federal —Housing Choice
Emergency Housing Voucher Program Administration account($650,000); and
appropriates the same to the Housing Choice Emergency Voucher Program
account($1,250,000) and the Office of Housing Other Current Expenses account
($650,000), for a total appropriation of$1.9 million. Funds would be used for
immediate start-up costs, payment of rental assistance for eligible participants, and
administrative fees.
Reference: Comm. 322
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-57
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Hawaii County Council-20 August 4,2021
Vote on Bill 54: Ms. Kimball moved to pass Bill 54 on first reading and
(Approved) adopt Finance Committee Report No. 57. Seconded by
Ms. Lee Loy and carried by the following voice vote:
Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas, and
Chair David—8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
CHR. DAVID: I'm going to take a 10 minute recess.
Recess: At 11:20 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 11:30 a.m.
CHR. DAVID: Thank you, Council Members. We're back on the record. I'm
taking this meeting out of recess. Clerk Henricks,please move on to Bill 55.
Bill 55: 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 —Block Grants account($41,851);
and appropriates the same to the Kiheipua Emergency Shelter—Certified Kitchen
construction account($2,082) and the Administration, Planning and Fair Housing
account($39,769), for a total appropriation of$41,851. Funds would be used
towards housing and related needs of persons of low and moderate income
throughout the island.
Reference: Comm. 323
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-58
Vote on Bill 55: Ms. Kimball moved to pass Bill 55 on first reading and
(Approved) adopt Finance Committee Report No. 58. Seconded by
Mr. Inaba and carried by the following voice vote:
Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas, and
Chair David—8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
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Hawaii County Council-20 August 4,2021
Bill 59: 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 —Section 5311 Coronavirus Response
and Relief Supplement Appropriation Act(CRRSAA) account($8,000,270); and
appropriates the same to the Section 5311 (CRRSAA) account. Funds would be
used by the Mass Transit Agency for operational costs and to purchase five buses.
Reference: Comm. 344
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC
Vote on Bill 59: Ms. Kimball moved to pass Bill 59 on first reading.
(Approved) Seconded by Mr. Inaba and carried by the following voice
vote:
Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas, and
Chair David—8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
ORDER OF The Chair directed the Council to proceed to the nest order of business,
THE DAY Order of the Day (Second or Final Reading).
(SECOND OR
FINAL READING):
Bill 45: AMENDS CHAPTER 2, ARTICLE 42 OF THE HAWAII COUNTY CODE
1983 (2016 EDITION, AS AMENDED), RELATING TO THE PUBLIC
ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION
COMMISSION AND MAINTENANCE FUND
Aligns the language in the County Code with amendments to the Hawaii County
Charter approved by voters during the 2020 general Election by redirecting the
administration and management of the Maintenance Fund from the Department of
Parks and Recreation to the Department of Finance, and removing the requirement
that the Commission's composition not be made up of more than a bare majority of
any particular political parry.
Reference: Comm. 294
Intr. by: Ms. David
First Reading: July 21, 2021
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Hawaii County Council-20 August 4,2021
Vote on Bill 45: Mr. Inaba moved to pass Bill 45 on second and final
(Adopted) reading. Seconded by Ms. Lee Loy and carried by the
following voice vote:
Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas, and
Chair David—8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
Bill 47: REPEALS CHAPTER 2, ARTICLE 41 OF THE HAWAII COUNTY CODE
1983 (2016 EDITION, AS AMENDED), RELATING TO THE DISASTER AND
EMERGENCY FUND
Repeals this article of the County Code, which became obsolete upon
establishment of Hawaii County Charter Section 10-17 approved by voters during
the 2020 General Election.
Reference: Comm. 297
Intr. by: Ms. David
First Reading: July 21, 2021
Vote on Bill 47: Mr. Inaba moved to pass Bill 47 on second and final
(Adopted) reading. Seconded by Ms. Lee Loy and carried by the
following voice vote:
Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas, and
Chair David—8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
Page 33
Hawaii County Council-20 August 4,2021
Bill 56: 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 —Workforce Innovation and
Opportunity Act account($1,380,000); and appropriates the same to the following
Workforce Innovation and Opportunity Act 2021-22 accounts: Administration
Planning ($150,000), Adult Program ($500,000), Dislocated Worker Program
($230,000), and Youth Program ($500,000). Funds would be used to assist adults,
dislocated workers, and youth by providing training to increase employment,
retention, earnings, skills, and literacy.
Reference: Comm. 329
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: July 21, 2021
Vote on Bill 56: Ms. Kimball moved to pass Bill 56 on second and final
(Adopted) reading. Seconded by Ms. Lee Loy and carried by the
following voice vote:
Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas and
Chair David—8.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: None.
CHR. DAVID: Move on to Reports, Clerk Henricks.
REPORTS: The Chair directed the Council to proceed to the next order of business,
Reports.
(Note: PC-23 was taken up earlier, out of order.)
PC-21: NOMINATION OF ROBERTS KU`ULEI KEAKEALANI TO THE HAWAII
(Comm. 318) COUNTY CULTURAL RESOURCES COMMISSION
Page 34
Hawaii County Council-20 August 4,2021
Vote on PC-21: Ms. Lee Loy moved to adopt Planning Committee
(Adopted) Report No. 21. Seconded by Mr. Richards and carried by
the following voice vote:
Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas and
Chair David—8.
Noes: None.
Absent: Committee Member Kaneali`i-Kleinfelder— 1.
Excused: None.
PC-22: NOMINATION OF MATTHEW CLARK TO THE HAWAII COUNTY
(Comm. 319) CULTURAL RESOURCES COMMISSION
Vote on PC-22: Ms. Lee Loy moved to adopt Planning Committee
(Adopted) Report No. 22. Seconded by Mr. Richards and carried by
the following voice vote:
Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas and
Chair David—8.
Noes: None.
Absent: Committee Member Kaneali`i-Kleinfelder— 1.
Excused: None.
REFERRALS FOR The Chair directed the Council to proceed to the next order of business,
EXECUTIVE Referrals for Executive Session.
SESSION:
Comm. 299.1: 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 July 8, 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.
Postponed: July 21, 2021
(Note: There is a motion by Ms. Kimball, seconded by Mr. Inaba, to file
Comm. 299.1.)
CHR. DAVID: Thank you. Council Members? Go ahead, Ms. Lee Loy.
Page 35
Hawaii County Council-20 August 4,2021
MS. LEE LOY: Thank you, Chair. As in the past, I will be recusing myself on
this matter. But there also is a second matter so I'm trying to understand, Chair or
Mr. Clerk, how we handle executive session from here on out.
MR. HENRICKS: What is the second matter? Please help me.
MS. LEE LOY: On our agenda we have another referral, too.
CHR. DAVID: Comm. 316
MR. HENRICKS: They're separate. So, yeah, one at a time.
MS. LEE LOY: Alright. Okay. So, Chair, I'll be recusing myself from the
discussion relating to 299.1.
CHR. DAVID: Thank you. Ms. Kimball.
MS. KIMBALL: Madam Chair, this would actually make sense to do Comm. 316
first because so many of you will have to recuse yourself from the second one.
CHR. DAVID: That makes total sense. Could we do that, Mr. Clerk? Being that
we already read Communication—we can table it till after Communication 316?
MR. HENRICKS: Yeah, tabling would be an appropriate motion.
CHR. DAVID: Perfect.
Vote on Motion Ms. Kimball moved to table Comm. 299.1. Seconded by
to Table: Ms. Kierkiewicz and carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Richards, and Villegas —6.
Noes: None.
Absent: Council Member Kaneali`i-Kleinfelder— 1.
Excused: Council Members Lee Loy and Chair David—2.
Comm. 316: BIG ISLAND SCRAP METAL, LLC, VS. COUNTY OF HAWAII
CIVIL NO. 15-1-0053
From Deputy Corporation Counsel Lerisa L. Heroldt, dated July 8, 2021,
requesting an attorney-client confidential discussion to consult with the Council
regarding the above-entitled matter, including a discussion regarding litigation
Filed by Stephen M. Tannenbaum, Esquire, on behalf of his client Big Island Scrap
Metal, LLC.
Page 36
Hawaii County Council-20 August 4,2021
Motion to Close File: Ms. Lee Loy moved to close file on Comm. 316. Seconded
by Mr. Inaba.
Motion to Enter into Ms. Lee Loy moved to enter into Executive Session in order
Executive Session: to hold attorney-client privilege discussion regarding
Communication 316, as authorized by Section 92-5(a)(4) of
the Hawaii Revised Statutes. Seconded by Ms. Kimball.
MR. HENRICKS: The motion is debatable if that isor up for discussion and
debatable.
CHR. DAVID: Discussion, anyone? No. Alright. All those in favor,please say
Ic aye.
Vote on Motion The motion to enter into Executive Session was carried by
to Enter into the following voice vote:
Executive Session:
(Approved) Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas and
Chair David—8.
Noes: None.
Absent: Committee Member Kaneali`i-Kleinfelder— 1.
Excused: None.
Recess: At 11:42 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 12:19 p.m.
CHR. DAVID: Thank you, Council Members. I'm taking this meeting out of
Executive Session. Ms. Lee Loy, go ahead.
Vote on Motion Ms. Lee Loy moved to concur with the recommendation of
to Concur: Corporation Council. Seconded by Mr. Inaba and carried
Approved by the following voice vote:
Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas and
Chair David—8.
Noes: None.
Absent: Committee Member Kaneali`i-Kleinfelder— 1.
Excused: None.
MR. HENRICKS: We still have a motion to close file on this communication.
CHR. DAVID: Okay.
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Hawaii County Council-20 August 4,2021
MR. HENRICKS: So you just probably take the vote on it.
CHR. DAVID: So all those in favor of closing file on Communication 316,
please say "aye."
Vote on Comm. 316: The motion to close file on Comm. 316 was carried by the
Filed following voice vote:
Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas and
Chair David—8.
Noes: None.
Absent: Committee Member Kaneali`i-Kleinfelder— 1.
Excused: None.
CHR. DAVID: Mr. Clerk, shall we do the requested recon before we go in
yeah? Okay. Alright. We had a request from the department to do acan I
have a motion to waive the reconsideration period on Bill 56.
Vote on Motion Ms. Lee Loy moved to suspend Council Rule 15 to waive
to Suspend the 5-day hold for reconsideration of Bill 56. Seconded by
Council Rules: Mr. Richards and carried by the following voice vote:
(Approved)
Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Lee Loy, Richards, Villegas and
Chair David—8.
Noes: None.
Absent: Committee Member Kaneali`i-Kleinfelder— 1.
Excused: None.
CHR. DAVID: Thank you.
Vote on Motion to Mr. Inaba moved to remove Comm. 299.1 from the table.
Remove from Table: Seconded by Ms. Kimball and carried by the following
(Approved) voice vote:
Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Richards, and Villegas —6.
Noes: None.
Absent: Committee Member Kaneali`i-Kleinfelder— 1.
Excused: Council Members Lee Loy and Chair David—2.
CHR. DAVID: Thank you.
MR. HENRICKS: Okay. So that's back on the floor. And that is a simple
motion to close file on Communication 299.1.
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Hawaii County Council-20 August 4,2021
CHR. DAVID: Thank you. And do I need to turnI can't, Mr. Chung is going
to take over, yeah?
MR. HENRICKS: I think you can handle just the procedural matters and not
vote. As long as you don't make any rulings. If you don't make any rulings on
any points of order or anything, I think you're okay until the time that something
else might happen.
CHR. DAVID: Okay. I'll do the motion. Who's doing the motion? Ms. Kimball.
Point of Inquiry: MS. KIMBALL: Point of inquire. What is the appropriate motion to accept the
recommendation?
MR. HENRICKS: You could do that. That would foreclose, if your vote is
successful, your opportunity to go into Executive Session. But again, it's your
decision whether or not you want to, it's necessary. First by making a motion,
seconding—or not making a motion at all to go into Executive Session.
MS. KIMBALL: So I will make the motion to approve the recommendation put
forth by Corporation Counsel in Communication 299.1.
Motion to Concur: Ms. Kimball moved to concur with the recommendation of
Corporation Council regarding Comm. 299.1. Seconded by
Mr. Inaba.
CHR. DAVID: All those in favor? Wait.
MR. CHUNG: Wait, wait, wait, wait, one question.
CHR. DAVID: Wait, I cannot listen, no.
MR. CHUNG: You can stay here, you just cannot vote, right?
MR. HENRICKS: Or make any rulings on points of orders, if they should come
up.
CHR. DAVID: Okay, okay.
MR. HENRICKS: Mr. Chung, your microphone's not on.
MR. CHUNG: Are we able to say not the amount, right, obviously. We cannot
say the amount, right? Can we say which claims are being sought to be settled?
Can I ask that or can I not ask that? You know, in terms of who
CHR. DAVID: She has to recuse.
MR. CHUNG: Which, the claims against certain parties, can I ask that question?
Page 39
Hawaii County Council-20 August 4,2021
(Note: At this time, Deputy Corporation Counsel Lerisa L. Heroldt came
forward to address the members of the Council.)
MS. HEROLDT: I think I understand what you're getting at because you're
concerned that the prior session was, we don't want to pay for your
MR. CHUNG: You know what my concern is—yes?
Point of Order: MS. KIMBALL: Point of order. If we want to go into this, I think we need to go
into Executive Session.
MR. CHUNG: No, no. Well, she can make that decision.
MS. HEROLDT: I think what you're asking me is, can I make it clear in
mediation
MR. CHUNG: Well, no, no, without getting into party. I mean, is this global or
not global? How's that? Are you able to answer that?
MS. HEROLDT: Yes. I am able to answer that, and we're just going to cover
what the County is responsible for
MR. CHUNG: There you go. Okay. That's it.
CHR. DAVID: Okay. Then I can take the vote then, at this point. The motion
was to
MR. HENRICKS: Simple motion on the floor is to approve the recommendation
of the Corporation Counsel pertaining to Communication 299.1, and confidentials
therein.
CHR. DAVID: Thank you. Alright all those in favor, please say "aye."
Vote on Motion The motion to concur with the recommendation of
to Concur: Corporation Council regarding Comm. 299.1 was carried
Approved by the following voice vote:
Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Richards, and Villegas –6.
Noes: None.
Absent: Committee Member Kaneali`i-Kleinfelder– 1.
Excused: Council Members Lee Loy and Chair David–2.
MR. HENRICKS: Okay, very good. And then all that's left is that blanket, close
file motion on that communication.
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Hawai`i County Council-20 August 4.2021
CHR. DAVID: Call for the vote on filing Communication 299.1, please. All
those in favor.
Vote on Motion The motion to close file on Comm. 299.1 was carried by the
to Close File: following voice vote:
(Filed)
Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball. Richards. and Villegas—6.
Noes: None.
Absent: Committee Member Kaneali`i-Kleinfelder— 1.
Excused: Council Members Lee Loy and Chair David—2.
CHR. DAVID: Motion to adjourn, somebody.
ADJOURN- There being no further business, at 12:22 p.m., Mr. Inaba
MENT: moved to adjourn the meeting. Seconded by Mr. Richards
and carried by the following voice vote:
Ayes: Council Members Chung, Inaba, Kierkiewicz,
Kimball, Richards. Villegas and Chair David — 7.
Noes: None.
Absent: Committee Member Kaneali`i-Kleinfelder
and Lee Loy—2.
Excused: None.
CHR. DAVID: We are adjourned. Mahalo, Council Members.
Council Approved: SEP 2 2 2021
C• IP k ' RK
JH/tk
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