HomeMy WebLinkAboutMIN COUNCIL 2022-02-23 2020-2022 Hawaii County Council
33`'d Session
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
February 23, 2022
PULE: Kaha`i Ha`i-Kelly and Malia Cagampang of Ke Kula `O `Ehunuikaimalino 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, Kailua-Kona, 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 Kdneali`i-Kleinfelder, Member (via videoconference from Hilo)
Ms. Ashley L. Kierkiewicz, Member(via videoconference from Hilo)
Ms. Heather L. Kimball, Member(came in later)
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, County Clerk Jon Henricks led the Council in
the Pledge of Allegiance.)
PETITIONS, The Chair directed the Council to proceed to the next order of business, Petitions,
MEMORIALS, Memorials, Certificates of Merit, and Expressions of Condolence.
CERTIFICATES
OF MERIT, AND (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-33 February 23,2022
Lori Ferrin: Bill 111, Draft 2 (Comm. 589.2), in support.
(representing Community
Alliance Partners)
Kimberly Pierce: Res. 325-22 (Comm. 632), in support.
Paul Normann: Bill 111, Draft 2 (Comm. 589.2), in support.
(representing Neighborhood
Place of Puna and Community
Alliance Partners)
Patrick Hurney: Bill 111, Draft 2 (Comm. 589.2), in support.
(representing Habitat for
Humanity —Hawai`i Island)
Les Estrella: Bill 111, Draft 2 (Comm. 589.2), in support.
(representing Going Home Hawaii)
Shirley David: Bill 111, Draft 2 (Comm. 589.2), in support.
(representing St. Michael's Church)
Christian Kimo Alameda: Bill 111, Draft 2 (Comm. 589.2), in support.
(representing Bay Clinic Health
Center)
Kai McGuire: Res. 305-22 (Comm. 592), in support.
(representing Na Mamo O Kawa)
Toni Symons: Bill 111, Draft 2 (Comm. 589.2), in support.
(representing Ulu Wini and
Family Assessment Center)
Kristen Alice: Bill 111, Draft 2 (Comm. 589.2), in support.
(representing Community
Alliance Partners)
APPROVAL The Chair directed the Council to proceed to the next order of business, Approval
OF MINUTES: of Minutes.
Motion to Approve: Ms. Lee Loy moved to approve the Minutes of January 19,
2022. Seconded by Mr. Inaba.
CHR. DAVID: Any discussion?
MS. LEE LOY: Yes, Chair, please.
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Hawaii County Council-33 February 23,2022
CHR. DAVID: Thank you. Go ahead, Ms. Lee Loy.
MS. LEE LOY: I just really want to acknowledge our staff. This is one month
behind. When I started on the Council, it was many months behind. And to have
our meeting minutes just one month behind our actual meeting is fantastic. So,
Mr. Clerk, and to the staff, I really appreciate all the work that's being put into the
work for our minutes. Chair, I yield.
CHR. DAVID: Thank you, Ms. Lee Loy. And thank you for mentioning that.
And I want to ditto that because I think we have all, even prior to getting on this
Council, the staff has done an excellent job of bringing us up to speed. And thank
you so much to everyone. All right, any more discussion? Seeing none, all those
in favor of approving the minutes of January 19, 2022, please say "aye."
Vote on Approval The motion to approve the Minutes of January 19, 2022,
of Minutes: was 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: Before we move to "Order of Resolutions,"there is a request to
take two items out of order, and that is, let's see, `Bills for First Reading,"
Bill 113.
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Hawaii County Council-33 February 23,2022
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 113: AMENDS SECTION 25-8-26 (PAHOA ZONE MAP), ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983
(2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT
CLASSIFICATION FROM SINGLE—FAMILY RESIDENTIAL—
10,000 SQUARE FEET (RS-10) TO VILLAGE COMMERCIAL—
20,000 SQUARE FEET (CV-20) AT WAIAKAHIULA, PUNA, HAWAII,
COVERED BY TAX MAP KEY: 1-5-003:037
(Applicant: Aguinaldo 4, LLC) (Area: 1.545 acres)
The Windward Planning Commission forwards its favorable recommendation for
this change of zone, which would allow the applicant to temporarily use three
existing structures for commercial purposes, and then remove the three existing
structures and construct a 13,520 square foot mixed-use medical, retail, and office
complex with associated infrastructure. The property is located at 15-3070 Pahoa-
Kapoho Road, on the southeast corner intersecting with Pahoa-Kalapana Road
across Pahoa High School at Kahiahiku Homesteads in Puna.
Reference: Comm. 596
Intr. by: Ms. Villegas (B/R)
Approve: PC-45
Motion to Approve: Ms. Villegas moved to pass Bill 113 on first reading and
adopt Planning Committee Report No. 45. Seconded by
Mr. Richards.
CHR. DAVID: Discussion, Ms. Villegas?
MS. VILLEGAS: None from me.
CHR. DAVID: Thank you. Anyone else? Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair.
CHR. DAVID: All right.
MS. KIERKIEWICZ: I just want to note, for the record, that I will be recusing
myself from this vote.
CHR. DAVID: Thank you very much. Anyone else? Seeing none, all those in
favor of approving Bill 113 at first reading, please say "aye."
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Hawaii County Council-33 February 23,2022
Vote on Bill 113: The motion to pass Bill 113 on first reading and adopt
(Approved) Planning Committee Report No. 45 was carried by the
following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kimball, Lee Loy,
Richards, Villegas, and Chair David–8.
Noes: None.
Absent: None.
Excused: Council Member Kierkiewicz– 1.
CHR. DAVID: Could we please move on to bills for second and final reading,
Bill 106, Draft 2?
Bill 106: AMENDS SECTION 25-8-23 (VOLCANO –MT. VIEW ZONE MAP),
(Draft 2) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY
CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE
DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL,
20,000 SQUARE FEET (RS-20) TO VILLAGE COMMERCIAL,
10,000 SQUARE FEET (CV-10) AT `OLA`A SUMMER LOTS, PUNA,
HAWAII, COVERED BY TAX MAP KEY: 1-9-004:051
(Applicant: Raja Daggula) (Area: 0.838 acre)
The Windward Planning Commission forwards its favorable recommendation for
this change of zone, which would allow the applicant to construct a three-unit
short-term vacation rental complex consisting of three one-story single-family
dwellings and a six-stall parking area. The property is located on the north side of
Old Volcano Road, approximately 335 feet west of its intersection with
Wright Road in Puna.
Reference: Comm. 572.3
Intr. by: Ms. Kierkiewicz (B/R)
First Reading: February 9, 2022
Motion to Approve: Ms. Kierkiewicz moved to pass Bill 106, Draft 2, on
second and final reading. Seconded by Mr. Richards.
CHR. DAVID: Ms. Kierkiewicz, any comments?
MS. KIERKIEWICZ: Thank you, Chair. We do have representatives for the
applicants here in Hilo chambers—Sid Fuke and Daryn Arai—if there are any
questions. But I just want to mahalo them, as well as Shalini and Raja, for their
continued engagement with community, and really appreciated the amendment to
the ordinance we made at first reading to ensure that Volcano Community
Association is a part of the planning process. So, well done, everyone. Thank
you, Chair, I yield.
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Hawaii County Council-33 February 23,2022
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else have any questions?
MR. RICHARDS: This will be real quick.
CHR. DAVID: Mr. Richards, go ahead.
MR. RICHARDS: Thank you, Chair. I fully support this. I did go by and have a
quick look at the property, and this just all makes good sense. I'm fully
supportive of this. Thanks, Chair, I yield.
CHR. DAVID: Thank you, Mr. Richards. Anyone else? Seeing none, all those
in favor of approving Bill 106, Draft 2, at second and final reading,please say
Ic aye.
Vote on Bill 106: The motion to pass Bill 106, Draft 2, on second and final
Draft 2 reading was carried by the following voice vote:
(Adopted)
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: Now, I think we can proceed to the top of the agenda.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
RESOLUTIONS: Resolutions.
Res. 305-22: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES
PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO
NA MAMO O KAWA
Approves a grant of$117,577.48 to Na Mamo O Kawa, a 501(c)(3)nonprofit
organization, to protect,preserve, and restore the Kawa properties in Kau,
pursuant to Section 10-16(h) of the Hawaii County Charter.
Reference: Comm. 592
Intr. by: Ms. David
Approve: FC-102
Motion to Approve: Ms. Lee Loy moved to adopt Res. 305-22 and Finance
Committee Report No. 102. Seconded by Mr. Inaba.
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Hawaii County Council-33 February 23,2022
CHR. DAVID: If it's okay with my Council Members, my colleagues, I just
wanted to say mahalo nui to Na Mamo O Kawa for their continued hard work in
preserving this beautiful place and cultural treasure. So, I ask for your continued
support. Mahalo. Anyone else? Seeing none, all those in favor of approving
Resolution 305-22, please say "aye."
Vote on Res. 305-22: The motion to adopt Res. 305-22 and Finance Committee
(Adopted) Report No. 102 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.
Res. 307-22: AWARDS A PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES
PRESERVATION MAINTENANCE FUND STEWARDSHIP GRANT TO
HO`OMALU KA`U
Approves a grant of$24,275 to Ho`omalu Ka`u, a 501(c)(3)nonprofit
organization, to protect,preserve, and restore the Kahua `Olohu Kaunamano
properties in Ka`u, pursuant to Section 10-16(h) of the Hawaii County Charter.
Reference: Comm. 594
Intr. by: Ms. David
Approve: FC-103
Motion to Approve: Mr. Richards moved to adopt Res. 307-22 and Finance
Committee Report No. 103. Seconded by Mr. Inaba.
CHR. DAVID: Again, I just want to extend our sincere mahalo a nui to
Ho`omalu Ka`u for their hard work in this stewardship again. I ask for your
continued support. Anyone else? Seeing none, all those in favor of approving
Resolution 307-22, please say "aye."
Vote on Res. 307-22: The motion to adopt Res. 307-22 and Finance Committee
(Adopted) Report No. 103 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.
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Hawaii County Council-33 February 23,2022
Res. 309-22: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE UNIVERSITY OF HAWAII
Funds in the amount of$25,000 from the Department of Research and
Development would be used for the "Expanding Devil Weed Eradication Program
to the Puna District"project.
Reference: Comm. 602
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-104
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 309-22 and
Finance Committee Report No. 104. Seconded by
Mr. Richards.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: I just appreciate this program. It's a good
thing for Puna. And I like that it's Puna-specific, but just not so much that it's
only for Puna but it's being added to the District of Puna. So, mahalo to everyone
involved, especially R&D (Research and Development) and UH Hilo (University
of Hawaii at Hilo), and I hope for everyone's support. Thank you.
CHR. DAVID: Mahalo. Anyone else? Mr. Richards, go ahead.
MR. RICHARDS: Yeah, Chair, is Mr. Sako in chambers?
MR. KANEALII-KLEINFELDER: He's not here.
CHR. DAVID: (Inaudible).
MR. KANEALII-KLEINFELDER: He is not in Hilo chambers, Chair.
MR. RICHARDS: Okay. I fully support it. I just want to know a little bit more
about it. I'll contact R&D later.
CHR. DAVID: All right. Thank you very much. Anyone else? Seeing none, all
those in favor of approving Resolution 309-22,please say "aye."
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Hawaii County Council-33 February 23,2022
Vote on Res. 309-22: The motion to adopt Res. 309-22 and Finance Committee
(Adopted) Report No. 104 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.
Res. 311-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO VIBRANT HAWAII TO
PURCHASE REUSABLE WATER BOTTLES FOR PUBLIC ELEMENTARY
SCHOOLS IN THE HILO-WAIAKEA COMPLEX AREA
Transfers $2,500 from the Clerk-Council Services —Contingency Relief account
(Council District 3); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 609
Intr. by: Ms. Lee Loy
Motion to Approve: Ms. Lee Loy moved to adopt Res. 311-22. Seconded by
Ms. Villegas.
CHR. DAVID: Go ahead, Ms. Lee Loy.
MS. LEE LOY: Thank you, Chair. I'd like to just share a little bit about this
particular contingency fund. Our office conducted a pulse survey of all the kids
in the Waiakea Complex to find out what their needs were as they were
transitioning back into school. And we found that these reusable water bottles
was one of the items that they requested. And so, the funding actually goes to
Vibrant Hawaii, but we're partnering with the Department of Water Supply so
that they can do some wrap-around education about water, water quality, water
conservation, and all those wonderful programs that we appreciate about water.
So, I do urge my colleagues' support for this funding. I yield.
CHR. DAVID: Thank you, Ms. Lee Loy, and thank you for that. Anyone else?
Seeing none
MS. KIERKIEWICZ: Chair David?
CHR. DAVID: Oh, go ahead, Ms. Kierkiewicz.
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Hawaii County Council-33 February 23,2022
MS. KIERKIEWICZ: Thank you. I really applaud and mahalo nui Council
Member Lee Loy for this really innovative project. Chair, I will be recusing
myself from this vote as I am a board member of Vibrant Hawaii. Thank you. I
yield.
CHR. DAVID: Thank you for that, Ms. Kierkiewicz. Anyone else? All right.
Ms. Lee Loy, thank you so much. That was a great way of spending some
contingency funding, so mahalo. All those in favor of approving
Resolution 311-22, please say "aye."
Vote on Res. 311-22: The motion to adopt Res. 311-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kimball, Lee Loy,
Richards, Villegas, and Chair David—8.
Noes: None.
Absent: None.
Excused: Council Member Kierkiewicz— 1.
Res. 312-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO KEALAKEHE PROJECT
GRAD FOR THE 2022 GRADUATES OF KEALAKEHE HIGH SCHOOL AND
WEST HAWAII EXPLORATIONS ACADEMY
Transfers $2,000 from the Clerk-Council Services —Contingency Relief account
(Council District 7); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 610
Intr. by: Ms. Villegas
Motion to Approve: Ms. Villegas moved to adopt Res. 312-22. Seconded by
Mr. Richards.
CHR. DAVID: Go ahead, Ms. Villegas.
MS. VILLEGAS: Yeah, Project Grad has continued to do amazing work with our
youth. And these extenuating circumstances with the Coronavirus, they have
pivoted and taken whatever steps necessary in order to continue to serve our
youth and keep them safe on a night that can otherwise be deadly for young
people just entering a new chapter of their lives. So, I just ask for everyone's
continued support, and am really grateful for all those that continue to work on
this project and stretch the resources as far as possible.
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Hawaii County Council-33 February 23,2022
CHR. DAVID: Thank you, Ms. Villegas. Anyone else? All right, before the
vote, I just want to thank you, Ms. Villegas, because Project Grad has been
something that we've supported for many years during former Council
Member Pilago's time. And so, thank you for continuing that. All right, all those
in favor of approving Resolution 312-22,please say "aye."
Vote on Res. 312-22: The motion to adopt Res. 312-22 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. 313-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO LA`I`OPUA 2020 FOR
REIMBURSEMENT OF EXPENSES RELATED TO ITS KONA MELE
PROJECT
Transfers $1,000 from the Clerk-Council Services —Contingency Relief account
(Council District 7); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 611
Intr. by: Ms. Villegas
Motion to Approve: Ms. Villegas moved to adopt Res. 313-22. Seconded by
Mr. Richards.
CHR. DAVID: Go ahead, Ms. Villegas.
MS. VILLEGAS: I'm asking for my colleagues' support on this project that's
being operated through La`i`6pua. The Kona Mele Project is a culmination of
Kona's musicians and hula practitioners. In this last weekend, they came together
to share their love for `aina and lahui through music and dance. It's a kickoff to a
larger music-based program that La`i`6pua 2020 will focus on. And it's really
exciting. I've been able to see a couple of clips of some of the magic that was
captured this last weekend, and I'm so excited to see the final product. And I
really believe that this is creating a piece that represents and reflects the culture
and the legacy, the wisdom,just all of these incredible practitioners expressing
and sharing their talents and gifts for all of us. And it's my understanding we
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Hawaii County Council-33 February 23,2022
don't have a piece like this representing this area yet. So, I'm super excited and
grateful_ Mahalo, Mrs. Inaba, for all your work on this, and I ask for my
colleagues' support.
CHR. DAVID: Thank you, Ms. Villegas. Anyone else?
MR. INABA: Chair?
CHR. DAVID: Dr. Inaba, go ahead.
MR. INABA: Thank you. I just want to say that I'll be recusing myself in that
my mom is the executive director there, and I'm part of this specific project that
these funds are supporting. Thank you.
CHR. DAVID: Thank you for that, Mr. Inaba. Anyone else? Seeing none, I just
want to say mahalo a nui to Kawehi Inaba and La`i`6pua 2020 for doing this
awesome video honoring our musicians and kumu hula. And so, on that, all those
in favor of approving Resolution 313-22,please say "aye."
Vote on Res. 313-22: The motion to adopt Res. 313-22 was carried by the
(Adopted) 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.
Res. 314-22: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE
COUNCIL OF THE COUNTY OF HAWAII BY AMENDING RULE NO. 2,
MEETINGS, AND RULE NO. 10, VOTING
Requires that all members participating via videoconference from a location other
than the Council Chambers keep their video enabled, except during recesses, and
activate their microphones prior to voting; also requires that a roll call vote be
taken when the result of a vote is not unanimous.
Reference: Comm. 613
Intr. by: Ms. Kierkiewicz
Motion to Approve: Ms. Kierkiewicz moved to adopt Res. 314-22. Seconded
by Ms. Lee Loy.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
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Hawaii County Council-33 February 23,2022
MS. KIERKIEWICZ: Thank you, Chair. I just wanted to do some housekeeping
of our Council Rules. There's really a lot of pivots we've had to make in the
onset of COVID (coronavirus disease) and operating in this digital sphere. And
so,just wanted to amend a couple of our Rules—Rule 2-noting that if folks are
not in Council ChambersI know that a number of us have participated via
Zoom. And it's just codifying the practice that Council Members have right now,
which is having their cameras turned on for the duration of the meeting. Again,
all Council Members are doing it, but making sure that it's part of our Rules so
that there's clarity in that.
And then when it comes to voting because members are participating from,
oftentimes, numerous locations like today, helping with the documentation of
Council Members voting by ensuring that microphones are on when we are voting
so that we can clearly hear the yeses and noes for each of the items that we are
voting for. Happy to answer any questions folks might have, and looking for
everyone's support. Thank you, Chair.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Ms. Lee Loy, go
ahead.
MS. LEE LOY: I do have some questions, and I'm not sure if it's for you,
Ms. Kierkiewicz, or our Clerk or maybe even Judge Strance. And I know a lot of
this is founded in our HRS (Hawai`i Revised Statutes) Chapter 92, which
provides for open meeting spaces. And I'm just wondering, anyone who could
answer this—Judge Strance, Clerk—we have had to pivot. We've had to have
this space to be in alternative sites. And my understanding of Chapter 92, itself,
was to have an open public forum that's accessible to the public. And I'm just
wondering if we're still covered because we do have spaces like the Civic Center
here or the Hilo chambers that allows us to kind of step out into that virtual space
but still participate. I got a nod from Judge Strance; if you don't mind helping me
with that?
(Note: At this time, Corporation Counsel Elizabeth Strance came forward
to address the members of the Council.)
MS. STRANCE: Good morning. Elizabeth Strance, Corporation Counsel. Jon,
feel free to jump in. So, as many of you know, the Legislature amended the open
meeting law and permanently allowed for remote participation. One of the
requirements of that new law, though, is that the County also provide an in-person
location for those who do not have access. So, the practice that you folks have
been using has primarily followed the Governor's proclamation. So, you don't
invite public into our meetings. When that proclamation expires, you will still
have the opportunity to have appearances by videoconference, but you will have
to provide a space for people to come in person. So, if that's opening up the
chambers, then you will have complied with that requirement.
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Hawaii County Council-33 February 23,2022
Resolution 314-22 is a little broader in some ways than the new law and it states
that, the new law. So, under the new law, keeping your cameras on is required for
meeting quorum. This resolution expands that to require that everybody
appearing by video make themselves apparent. The roll call vote when there is
not a unanimous vote is part of the new law. Something that's not in the revised
Rule, and I don't think that the resolution was intending to completely codify the
Rule, which is to let you know that when a member is appearing remotely, they're
required to identify any other people that are in that remote location with them,
but it's not required. And I think the intention of this resolution was to clarify
how people will appear and clarify how you folks will vote. And it does that and
it's consistent with the new law.
MS. LEE LOY: Thank you, Judge Strance, for that clarification. Now, I
completely support this. It really keeps us nimble in light of everything we've
had to go through. And I really appreciate Ms. Kierkiewicz advancing this to
make it part of our Rules and procedures. Thank you, Judge Strance. Chair, I
yield.
CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else? In Hilo,
Ms. Kierkiewicz and Mr. Kaneali`i-Kleinfelder,just holler out if you have
something to say, okay. Other than that, seeing none, all those in favor of
approving Resolution 314-22, please say "aye."
Vote on Res. 314-22: The motion to adopt Res. 314-22 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. 316-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR LEASES
FOR TWO MULTI-FUNCTION COPY MACHINES FOR THE DEPARTMENT
OF HUMAN RESOURCES
Authorizes the Mayor to enter into five-year lease agreements with an estimated
total monthly cost of$580.
Reference: Comm. 623
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
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Hawaii County Council-33 February 23,2022
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 316-22.
Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: These are pretty self-explanatory and I look
forward to everyone's support. Thank you, Mike.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Resolution 316-22, please say "aye."
Vote on Res. 316-22: The motion to adopt Res. 316-22 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. 317-22: AUTHORIZES THE ACCEPTANCE OF THE DONATION OF A
2006 TOYOTA TACOMA FROM THE STATE OF HAWAII DEPARTMENT
OF THE ATTORNEY GENERAL TO THE HAWAII POLICE DEPARTMENT
The donation, valued at approximately $10,500, would be used by the department
in its daily operations.
Reference: Comm. 624
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 317-22.
Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: Pretty self-explanatory, Chair. The only
thing I would argue about would be the valuation of 10,500. We all know how
much Toyota Tacomas, especially a 4x4 Double Cab, would go for on-island, and
it would probably more likely be about 35 to 40,000. But I think that's not quite
the point. But anyway, I hope for everyone's support on this. Thank you.
CHR. DAVID: Thank you. Anyone else? Mr. Richards, go ahead.
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Hawaii County Council-33 February 23,2022
MR. RICHARDS: Yeah. It's a 15-year-old truck. I'm a little concerned about
taking a vehicle that may spend more time in the shop than actually working. So,
is there someone from the Police Department or anything?
MR. KANEALI`I-KLEINFELDER: Not here in Hilo, sir.
MR. RICHARDS: Deanna, maybe? Is anybody from Finance?
MR. KANEALI`I-KLEINFELDER: Deanna's here; she's coming up.
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council.)
MS. SAKO: Good morning.
MR. RICHARDS: Good morning, Deanna. Thanks. What's the story around
this vehicle? I think about Mass Transit and the buses that we have taken in the
past, and end up putting a lot of funding into them to fix them. Do you have a
story on this vehicle?
MS. SAKO: I don't have the transmission in front of me, but I do recall that this
is one of those where the vehicle may have been seized and then they're turning it
over. I have not seen this vehicle, but I can tell you that I drive a 2009 Toyota
Tacoma, and it does not spend very much time in the shop.
MR. RICHARDS: Okay. All right. I just—I'm concerned about accepting
something like we did with the buses.
MS. SAKO: I do understand, yes.
MR. RICHARDS: Okay. All right. Thanks, Chair, I yield.
CHR. DAVID: Thank you, Mr. Richards, and thank you, Director. Anyone else?
MS. KIERKIEWICZ: Chair?
CHR. DAVID: Questions? Seeing none, all those in favor of approvingoh, I'm
sorry. Oh, I'm sorry, Ms. Kierkiewicz, go ahead.
MS. KIERKIEWICZ: No, it's fine. I just wanted to let Council
Member Richards know I have a 2001 Toyota Tacoma, and she still runs like a
dream. And so, we really appreciate the donation that our Police Department is
getting. I think our B-52 says it was a forfeited item, and so I'm pretty sure it's in
good working condition and that our Police Department will be putting it to good
use. So, I support this donation wholeheartedly. Thank you, Chair.
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Hawaii County Council-33 February 23,2022
CHR. DAVID: Thank you for that, Ms. Kierkiewicz. Mr. Richards.
MR. RICHARDS: I'm not dissing the Toyota Tacoma. That's not the intention.
We just don't know what kind of miles have been run on it. So, all right. Thanks,
Chair, I yield.
CHR. DAVID: Thank you. I appreciate that. All right. All right, all those in
favor of approving Resolution 317-22, please say "aye."
Vote on Res. 317-22: The motion to adopt Res. 317-22 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. 318-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF
ONE ROLL-OFF TRAILER AND ONE DEWATERING BIN FOR THE
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
Authorizes the Mayor to enter into a five-year lease agreement with an estimated
total monthly cost of$3,100 to dewater liquid and solid slurries generated from
sewer maintenance activities, and to haul away the waste.
Reference: Comm. 625
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 318-22.
Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: We have a list of equipment coming forward
and in the following resolutions. I'm just going to get right to it. I totaled it up;
we're looking at about 846—well, about$850,000 per year in a total lease
aggregation for the next five or six resolutions. There's a series of equipment
here. I'm wondering if we have anybody from DEM (Department of
Environmental Management).
CHR. DAVID: I believe our Administrator Andoh, I was told, is in our Hilo
chambers—or Mansour. Oh, yes, Andoh is for Mass Transit. I'm sorry.
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Hawaii County Council-33 February 23,2022
MR. KANEALI`I-KLEINFELDER: Yeah, Director Andoh is here, but isoh, I
see Eric. Eric, are you there?
(Note: At this time, Wastewater Deputy Division Chief Eric Takamura,
Department of Environmental Management, came forward to address the
members of the Council.)
MR. TAKAMURA: Hi, this is Eric Takamura from Wastewater Division.
MR. KANEALI`I-KLEINFELDER: Good morning, Eric. How are you doing?
MR. TAKAMURA: Okay.
MR. KANEALI`I-KLEINFELDER: Okay. We're talking about the roll-off
trailer and the dewatering bin, but we have a number of resolutions today. It's not
a small ask. I talked to Deanna briefly. She said these items were budgeted for
this year, but these are five-year leases. And each year, for these lease
agreements, is going to be about$850,000 in total for all of these items. So, with
that in mind, I'd love to see a list of equipment that you guys have currently and a
reason for replacing each one of these items on our resolutions today. So, if you
can give us a little bit information, a little bit of a background at least, to help us
understand. This is going to be an expense for the County going forward for the
next five years. It's not a small expense. I'm just hoping to get some clarification
from you.
MR. TAKAMURA: For the Wastewater side, the first two resolutions, the
dewatering bin and the sludge bins, those are new equipment. So, what's
happening today is we're relying on Solid Waste to come pick up our bins and
then take it to West Hawaii Landfill. We're finding it difficult because
sometimes they get caught with no drivers and then sometimes their vehicles
break down. So, we need to dewater. Because the digestors aren't working
properly, we need to dewater almost every day. The bins we originally designed,
we can only fill them up half way then they exceed the weight limit on the roads.
We're trying to buy our own equipment and have our—we have a new position
for an EO-3 (Equipment Operator III)to haul our own sludge, dewatered sludge,
to West Hawaii Landfill. The dewatering bin is our Vactor truck has no place to
put the material they suck up from sumps like that and then dispose of the
material that's collected in their tanks. So, the dewatering bin is going to be used
to dewater all the rocks and sand, and the water will go back into the treatment
plant for treatment. So, these are new equipment. On the Solid Waste side, they
just need new vehicles and compact trailers to take it to West Hawaii.
I think, both divisions, we're finding it hard to put into our budget every year for
new equipment. It's easier for us to pay it over time when the money can be used
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Hawaii County Council-33 February 23,2022
for other needs for the two divisions, like repairing facilities; like in our case,
buying pumps like that. So, that's why we're tending to go more towards lease
finance and pay it over a five-year period.
MR. KANEALI`I-KLEINFELDER: Understood. Thank you for that
background. Do we have anyI mean, I know at the State level there's,
hopefully, funding coming down for fixes to our current Wastewater facility in
Hilo. I believe we have some other funding, County-sponsored via a bond,
coming forward for Hilo Wastewater. I'm just trying to make sure we're doing
this in a good manner that's efficient, and not taking on any extra debt that we
don't need to.
MR. TAKAMURA: Yeah, we understand.
MR. KANEALI`I-KLEINFELDER: Okay.
MR. TAKAMURA: I don't think we're misusing or misapplying these funds.
MR. KANEALI`I-KLEINFELDER: Okay. Once we do the anticipated fixes for
the Hilo Wastewater sewage plant, what's going to happen to these pieces of
equipment?
MR. TAKAMURA: We still would be using it. We still need to truck sludge
over to West Hawaii. It's not going away. But it may not be done as frequently
as how we are needing it to be done today. Like today, we need to go at least five
times a week. So, even though we have our own trailer and sludge bin, there's
going to be certain periods of time we also will depend on Solid Waste to be the
secondary power. Because, we may have to truck two bins over in a day rather
than one because the landfill only accepts sludge in the morning. So, we cannot
go there and dump sludge in the afternoon. But when we finish the design, if we
put in a dryer, we can reduce the trips to the West Hawaii Landfill.
MR. KANEALI`I-KLEINFELDER: Okay. Is there a list? I think it would be
helpful if I could see a list of equipment that you guys have already. I think that
would be DEM. Especially when we're looking at new equipment for the
department. And I've heard both sides: We don't have enough equipment; we
don't have enough drivers. So, I'm looking at trying to understand is this a
personnel issue or is this an equipment issue, because you've kind of gone both
ways today. I don't want to put you on the spot. But having a list of equipment
that's already in the department and looking at what we're looking to take on as
far as these new five-year leases these are lease-to-owns, correct?
MR. TAKAMURA: Right.
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Hawaii County Council-33 February 23,2022
MR. KANEALI`I-KLEINFELDER: Yeah, it would just be helpful for us to kind
of wrap our heads around when we look at an expense of this volume.
Understanding the need but just wanting to make sure we're making a good
decision.
MR. TAKAMURA: Okay.
MR. KANEALI`I-KLEINFELDER: Okay. Can you get that over to us, to the
whole Council?
MR. TAKAMURA: Yeah.
MR. KANEALI`I-KLEINFELDER: Okay, beautiful. Thank you, Eric. I yield
for now, Chair. Thank you.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Mr. Richards, go ahead.
MR. RICHARDS: Thank you, Chair. A couple of things. So, I know we don't
have Environmental Management there. I'm concerned, procedurally, how we're
doing this. I've been out to Wastewater; I know what we're talking about as far
as that goes. But to echo after something that Matt was talking about, looking at
$72,000 a month, which that would be about 3.8 million for the next five years. I
think that probably this is needed; however, why is this at Council? Why didn't it
go through Committee? What's the rush? If this was forthcoming, I don't know
why it was waived through Committee. And so, maybe isDeanna, I know
you're there. Can you answer some of these questions? Usually, we sort this
stuff out in Committee.
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council.)
MS. SAKO: Good morning. Yeah, sorry. Maybe bad call on our part. But we
are concerned about some of the shipping and supply-chain issues. But I think
one of the reasons we waived was also because all of these items are pretty much
budgeted except for this first one, I think, which is the trailer and dewatering bin.
So, we discussed them during this year's—last spring when you guys were
adopting the current year's budget. So, we did ask just to move them through.
In addition, we are concerned about supply chain. Even if all of this equipment is
ordered now, it's probably going to be many months, if not a year, before it
actually gets here. So, a lot of these items definitely we're trying to stay ahead
and keep the needs coming before the equipment breaks down. And as Eric said
in this first one, this is something new that they don't have. They've been using
Solid Waste's equipment.
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Hawaii County Council-33 February 23,2022
MR. RICHARDS: And I understand that and I know the problems with
Keaukaha wastewater and I get that. But two weeks to get this thing sorted out so
when we get to Council—rather than having this conversation at Council, it
should be at Committee because if there's any concerns, as Mr. Kaneali`i-
Kleinfelder pointed out,just to make sure we're being the correct steward.
Now, I hear what you're saying, it's budgeted. But again, waiving through
Committee is something that we should use as an exception when something's
very time-sensitive, not just because it's convenient. I'm going to yield at this
point, Chair, because like I said, I'm sure the need is there, but for a $3.5 million
ask, I'm surprised we don't have Environmental Management here. I yield.
CHR. DAVID: Thank you, Mr. Richards. Ms. Lee Loy, go ahead.
MS. LEE LOY: Thank you, Chair. I think my time here on the Council it's been
very clear that every single member of this dais is incredibly passionate about
addressing our wastewater needs across the island. We see the value in that. And
so, all of these purchases absolutely makes sense.
However, I have also spent a lot of time listening to my colleagues asking for a
larger plan on how the department hopes to address a lot of the shortcomings
within that department. And to sit here and listen, and I completely understand
what Eric is saying and Deanna is saying and it's all been budgeted, but if we
want to make good decisions, we can't get information piecemeal when we don't
know the overarching plan on how to get this done.
And so, I am rather disappointed that this was waived up through Committee
because I think that would have been the place to ask for that plan to get ready for
that conversation in Council. I'm not ready to vote on this and/or any of the ones
preceding this after this because we all want the plan. And four of us went to
NACo (National Association of Counties). We know there's a lot of money to be
had to address our wastewater. I'm interested in referring this back to Committee
for a bigger discussion, a holistic discussion; and that's where I'm at. We're
trying to help this department, but kind of just rushing it through like this is not
the way to help. I yield at this time.
CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else?
MS. SAKO: Madam Chair, can I say a couple things?
CHR. DAVID: Go ahead, Director.
MS. SAKO: I just want to remind Council that annually, on August 15'', we do
submit the list of the entire County's inventory to Council. So, that's available
year round to every Council Member. In addition, I don't believe these leasing
resolutions have been asked to be waived by the department. I think it's been the
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Hawaii County Council-33 February 23,2022
standard practice of Council to waive them through from Committee to Council,
all of them. And maybe it was meant to be copiers and not these, but that's just
historically been the practice. So, I apologize. I don't know what you guys want
to do differently, but I think only the first one is for Wastewater; the rest are for
DEM.
We've had extensive conversations during the budget about hauling waste to the
west side. And so, they do have a replacement plan. Most of the time, we're
replacing equipment far later than what needs to be done. So, I don't know if you
want to set the Wastewater one aside, but I think, for Solid Waste, we've had
extensive discussions during the budget hearings. Just my opinion, sorry.
CHR. DAVID: Thank you for that, Director. Council Members, any comments?
Ms. Kimball, go ahead.
MS. KIMBALL: Yeah, I'm going to support these going through now, though I
think maybe it is an intriguing idea to wait on the Wastewater one and actually
have that extended discussion about an integrated wastewater plan. I think that's
something that we need to think about, like we have the Mass Transit Plan, like
we have other actionable plans. With Wastewater, there's so many things that we
need to understand better. We have some money going for Puna. There's some
money for the Puako area from a CIP (Capital Improvement Project)there. So,
I'd be willing to consider doing that and just support the Solid Waste ones moving
forward today. Thanks, Chair, I yield.
CHR. DAVID: Thank you, Ms. Kimball. Any other comments? Mr. Inaba, go
ahead.
MR. INABA: Yes, thank you, Chair. For this one, I think we doI mean, I'm
concerned about all of them, and it would be helpful to get that detailed inventory.
And in light of all of the fiasco that's been in the media, I think everything that
gets processed through this Council for the Department of Environmental
Management we know we need to be a little bit more cautious, but then make sure
that we're acting responsibly in asking the appropriate questions. So, yes, maybe
in the future send it through Committee, but I would prefer to have another
meeting with this and have that information available to this Council. Mahalo.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else?
MS. KIERKIEWICZ: Chair David.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you. Yeah, I wanted to spotlight the comment
Director Sako made about the County asset list being available to Council
Members. It's sent to us by CD (compact disc). It's not printed because it's
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Hawaii County Council-33 February 23,2022
thousands of pages. And so, the information is there if folks are willing to look.
And so,just highlighting that it's available through request through our Clerk's
office.
I, too, support postponing this particular measure. The reason why I hosted a
number of conversations at the Committee level pertaining to the Wastewater
Division was because we really needed to understand how Director Mansour and
his team was solving for a lot of these complex issues. And so, do advocate
postponing this so that we can get a better sense of what the overarching plan is
for the short term and long term. So, I can make the motion now, Chair, if you'd
like.
CHR. DAVID: Mr. Richards had a comment. I'll come back to you,
Ms. Kierkiewicz, in a minute, okay.
MS. KIERKIEWICZ: Thank you. Okay. I yield.
CHR. DAVID: Thank you. Mr. Richards, go ahead.
MR. RICHARDS: Thank you, Chair. This is a procedural so it will fold in to
what Ms. Kierkiewicz is talking about. I think this whole Council is sensitive to
supporting our departments. And I don't disagree with what Ms. Kierkiewicz has
said about the information being available, but in Committee, we could then go if
we wanted to look for that before we came to Council. Clerk, I have a question.
If we postpone these resolutions to the next Council meeting, can we take them up
in Committee, and then, the following day, act upon them so we could actually
get it done in two weeks?
MR. HENRICKS: No. The Sunshine Law would not allow for that. What
Ms. Lee Loy suggested if you want to hear it in Committee, this Council could
take up a motion to refer it to Committee, discuss, and then vote on that. Or you
could postpone to the next Council. Those are your two options for a path
forward, not voting on it today.
MR. RICHARDS: So, if we refer this to Committee, that would be two weeks
from now and then, by our Rules, we'd have to wait another two weeks
MR. HENRICKS: We'd kind of start the clock again as if it were never waived,
and it would go to the March 8h Finance Committee agenda and appear as an item
on that agenda.
MR. RICHARDS: Okay. I am sensitive to (inaudible) the opposite. I think I'm
more supportive of the Wastewater and jumping to that to get that done sooner
rather than later, knowing what they are facing. But, procedurally, I think we're
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Hawaii County Council-33 February 23,2022
mixed up here. So, I think we do need a bigger conversation about all of this
stuff, and I'm just trying to see a way if we can streamline that. But I don't think
we can, Chair, so with that, I yield back.
CHR. DAVID: Thank you. I just got a note that, before I call on you, that
Director Mansour is on Zoom should Council Members have questions.
Ms. Lee Loy, go ahead.
MS. LEE LOY: Thank you, Chair. I do think we have to have a bigger
conversation. And again, Committee is where we do the business work, and the
value of having it in Committee is the Committee report that's attached that
comes up. And for recordkeeping purposes, that Committee report is incredibly
valuable. Yes, there's this transcript of the meeting minutes, but the Committee
report is the value behind having it in Committee. I'm looking to postpone,
following the lead of Ms. Kierkiewicz. I just—again, I'm disappointed this could
have all been fleshed out in our Finance Committee. I yield.
CHR. DAVID: Thank you, Ms. Lee Loy. I think what's before us, we have two
options, according to Clerk Henricks, and that is the motion to postpone, having
further discussion in two weeks, or motion to refer back to Committee and start
the discussion
MR. KANEALI`I-KLEINFELDER: Chair?
CHR. DAVID: Which will-yeah—which will actually generate a Committee
report that Ms. Lee Loy is referring to. So,preferences? Mr. Kaneali`i-
Kleinfelder, go ahead.
Motion to Mr. Kaneali`i-Kleinfelder moved to postpone Res. 318-22
Postpone: to March 9, 2022. Seconded by Mr. Inaba.
CHR. DAVID: Discussion on the postponement, anyone? Mr. Richards, go
ahead.
MR. RICHARDS: Okay, so if we postpone it, we still are in the same cycle but
we're not going to have the Committee conversation. So, when do we have that
conversation? Do we set up to have it during Council? Because, the idea with
Committee is to have this conversation in Committee. So, if we postpone it,
we're not going to get that time to have that conversation, which I think we'll be
at the same thing in two weeks with what we're facing right now, unless we set
the time aside which will probably be an hour and a half, two hours, something
like that, to do the Committee work in Council. Because if that's the case, I think
we should refer it back to Committee. So, I won't support this postponement.
CHR. DAVID: Okay, thank you for that. Ms. Kimball, your comments,please.
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Hawaii County Council-33 February 23,2022
MS. KIMBALL: Yeah, a similar response to that. I think we're utilizing these
lease agreements as a vehicle to have a larger conversation, and it actually might
be more appropriate for a communication in Committee, really getting at what we
want to talk about which is the Integrated Solid Waste Management Plan,
Wastewater Management Plan, and the finances for that and what that might look
like. So, my recommendation would actually be to approach it in that way so that
we can actually have the conversation,per Sunshine Law, around what we really
want to talk about here.
CHR. DAVID: Thank you. Thank you for that, Ms. Kimball. Clerk Henricks.
MR. HENRICKS: I was going to make that suggestion, though nobody asked me,
about having a discussion in Committee on, perhaps, even the day before. The
challenging part in that I don't want to speak for our Corporation Counsel,
though—would be just walking that line of having that conversation but not
deliberating on the resolution that's coming the next day. And I know you guys
are all very capable, but that would be the balancing act and the tiptoeing on the
tightrope.
CHR. DAVID: Thank you. Thank you, Clerk Henricks. So, what I sense here,
then, if we—right now, the motion to postpone will go directly to Council,
March 9h. But if we withdraw that motion and do a motion to refer back to
Committee, would that be awithout having the need to do what you were saying
of having a Committee right before Council.
MR. HENRICKS: Right. It would go to
CHR. DAVID: A regular Committee, yes.
MR. HENRICKS: March 8h Committee of Finance.
CHR. DAVID: Yes.
MR. HENRICKS: And then, it could move out of there and go to the next
Council agenda in March. I'm not sure of the date, but the next, you know, as
standard procedure.
CHR. DAVID: Yes. And I think I like standard procedure, but I'll leave it up to
the maker of the motion. Mr. Kaneali`i-Kleinfelder, you heard the discussion as
far as referring this back to Committee, as opposed to postponing. Your
thoughts?
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. My thoughts: In two
weeks, there's a lot of information that could be brought forward by the
department. On the next Council meeting, we could discuss this resolution and
others if we choose to do so and have a full discussion, however long that
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Hawaii County Council-33 February 23,2022
discussion takes. I don't see a difference between Committee conversation and
Council conversation. It's very similar. We're still allowed to discuss the same
thing. We can discuss the resolution, itself. I completely understand the
Council's comments today. And I like that everyone is watching and paying
attention; hoping for some more from the department. My request is going to stay
the same.
I would like to see the equipment list that we already have because we're looking
at purchasing or leasing to own a large amount of equipment. Budgeted or
unbudgeted, it really, to me, is beside the point. I'm just wanting to see a nice,
clear list. As Ms. Kierkiewicz stated, that list is available. It's a thousand pages
long. I've seen it. It's a giant binder. And I'm just wanting to get specific to the
items that are in front of us, as far as walking floor trailers or semi-tractors or
dewatering bins. I want to see what we have already and what we're purchasing
and understand it from a very simple level; to me, a very kind of what-we-have,
what-we're-looking-to-get level.
And then, as well, I like the push towards understanding what exactly the
department is trying to accomplish here and what their long-term goals are. So,
those are my thoughts, Chair. I appreciate the check back with me, and I
appreciate the conversation.
CHR. DAVID: Thank you. Seeing no other comments, I just want to say I
believe, in all fairness to the department as well, if this goes back to Committee,
we do have-we will allow them the time to get this information. As complicated
as it may seem, I'll allow them some time. So on that, Mr. Clerk, roll call vote on
the motion to postpone.
Vote on Motion to The motion to postpone Res. 318-22 to March 9, 2022, was
Postpone: carried by the following roll call vote:
(Approved)
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Lee Loy, Villegas, and Chair David—8.
Noes: Council Member Richards — 1.
Absent: None.
Excused: None.
CHR. DAVID: Thank you. This matter has been postponed. Can we move on to
the next resolution?
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Hawaii County Council-33 February 23,2022
Res. 319-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF
ONE SEMI-TRACTOR AND TWO TRAILER MOUNTED BINS FOR THE
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
Authorizes the Mayor to enter into a five-year lease agreement with an estimated
total monthly cost of$9,100 to haul biosolids from the Hilo Wastewater Treatment
Plant to the West Hawaii Sanitary Landfill.
Reference: Comm. 626
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 319-22.
Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: We're having the discussion. Here we are.
This is equipment; looking at a lease-to-own purchase. And I would prefer to
postpone the motion, but I am looking to the Council Members for discussion as
well. Thank you, Chair.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Ms. Lee Loy, go ahead.
MS. LEE LOY: Thank you. I believe Mr. Mansour is in our Zoom room, and
maybe he can shed some light on this. However, I, too, would love to see this
slow down a little bit and, if anything, kind of impress upon the department what
the Council is looking for by way of a plan.
(Note: At this time, Environmental Management Director Ramzi Mansour
came forward to address the members of the Council.)
CHR. DAVID: Mr. Mansour?
MR. MANSOUR: Yes, aloha, Madam Chair, Council Members. This item is to
haul biosolids from the Hilo treatment plant to the landfill. As you all are aware,
the (inaudible) at the Hilo facility is not functioning. So, we are mandated to
handle that biosolid waste and get rid of it. Otherwise, it's going to accumulate
and become a health and safety hazard to our staff at the facility and the facility
itself, and may lead to solid waste (inaudible)within the system that could lead to
backlogging the solids into the effluent that may end up discharging into the State
water, to the ocean.
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Hawaii County Council-33 February 23,2022
And we've been struggling trying to manage that solid waste through the biosolid
hauling. We've been using the Solid Waste equipment, and we've been also
working with other departments trying to assist us in trying to manage that
biosolids from any facility. Thank you.
CHR. DAVID: Ms. Lee Loy.
MS. LEE LOY: Yeah, thank you for that explanation. Mr. Mansour, I'm not sure
how much you heard prior to you getting on Zoom. This body is really looking
for a plan forward. And we completely understand a lot of this was budgeted in
the past, but we also want to understand how this fits into a larger Solid Waste
plan because these leases kind of transcend some of our time here on the Council
also. And so, we're just looking to make good decisions that help move the
County forward in this area of solid waste. Chair, I yield at this time.
CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else? Ms. Kimball, go ahead.
MS. KIMBALL: Yeah, Director Sako, if you're still there, I just want to confirm
that I have this right. The previous Resolution 318, that was the only one that was
not budgeted and the rest of these were budgeted.
MS. SAKO: That's my understanding.
MS. KIMBALL: Okay. I understand the reason for the pause. But given that
these other ones were actually budgeted, I'm fine with moving them through, and
we can have that conversation that we want to have the next time around. So, I'll
be supporting this resolution at this time. Thank you.
CHR. DAVID: Thank you, Ms. Kimball. Anyone else? In Hilo? Seeing none,
all right, Mr. Clerk, roll call please.
Vote on Res. 319-22: The motion to adopt Res. 319-22 failed by the following
Failed roll call vote:
Ayes: Council Members Kimball, Villegas,
and Chair David—3.
Noes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Lee Loy, and Richards —6.
Absent: None.
Excused: None.
CHR. DAVID: Thank you.
Page 28
Hawaii County Council-33 February 23,2022
Res. 320-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF
THREE SEMI-TRACTORS FOR THE DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT
Authorizes the Mayor to enter into a five-year lease agreement with an estimated
total monthly cost of$14,100 to transport refuse from the East Hawaii Regional
Sort Station to the West Hawaii Sanitary Landfill.
Reference: Comm. 627
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 320-22.
Seconded by Ms. Villegas.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I think, given our last conversation and the
closure for Resolution 319-22, I think it might be in the best effort for the Council
and for the department to postpone Resolution 320-22, rather than letting it die at
Council. Those are my thoughts.
CHR. DAVID: Thank you. Anyone else?
MS. KIERKIEWICZ: Chair, since we have the Director on,perhaps he could
shed some light onto the need for these vehicles to support the work of the Solid
Waste Division. Since we're not hearing this in Committee, we need to be able to
understand the need from Director Mansour here at Council.
(Note: At this time, Environmental Management Director Ramzi Mansour
and Acting Solid Waste Division Chief Michael Kaha came forward to
address the members of the Council.)
MR. MANSOUR: Yes. Aloha, Madam Chair, Council Members. This item is to
replace aging equipment. Some of these trucks, they date back to 2005, 2006.
Some of them go back to the 1992, 1999 type of equipment. They're very aged
equipment. We have five trucks designated to the east side to the Hilo facility
that transports waste from east to west. And currently, today actually,just talking
to the Chief, we only have one truck functioning. Two trucks just broke down on
Saddle Road this morning. Last week, we had two trucks down. We're in the
process of getting Automotive working on these vehicles, the trucks. So,
currently, we have one truck running. The facility may shut down at the Hilo
Reload Facility. We're struggling as we speak.
I'm here with the Acting Chief for the Solid Waste, and he's been on the phone
trying to get a hold of the local people here in town that we could rent trucks from
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Hawaii County Council-33 February 23,2022
so we could start hauling our trailers from east to west. That's the issues we're
faced with,just replacing aging equipment that goes to 20 years old. It's hard to
fix. It's hard to order parts for. With the COVID situation, a backlog in orders is
just making it hard for us to do our work, daily operations. Thank you.
MS. KIERKIEWICZ: Thank you, Director. And so, these items were a part of
the existing budget. You had planned to make these purchases and are now just
getting into the position to order the vehicles.
MR. MANSOUR: That is correct.
MS. KIERKIEWICZ: Okay.
MR. MANSOUR: They are a part of the budget. Because of a backlog, given
this equipment was ordered from the Mainland, it has taken almost, my
understanding, it's taken months and months of delays. So, the sooner we put the
order in, the better chance we'd be able to get this equipment so we could start
doing all our daily operations.
MS. KIERKIEWICZ: Okay. And then the turnaround time, assuming this passes
Council, when can we expect the tractors to be on-island?
MR. KAHA: The best-case scenario is 365 at this rate.
MR. MANSOUR: My Acting Chief tells me this case scenario is about 365,
about a year.
MS. KIERKIEWICZ: A year.
MR. MANSOUR: Backlog.
MS. KIERKIEWICZ: Oh, dear.
MR. MANSOUR: I know.
MS. KIERKIEWICZ: Sorry. Excuse my language; this is just a shit show.
Okay, Director, thank you for your presence. We understand the urgency, but
really just want to urge you that we have to hear these items in Committee so we
can do the proper vetting there, have the report, and really walk into Council in a
position to make a very well-informed decision. We want you folks to be
successful, but we also have a fiduciary responsibility to the residents of Hawaii
County to ensure that we are expending their tax dollars in a very reasonable and
fiscally responsible way.
MR. MANSOUR: Thank you.
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Hawaii County Council-33 February 23,2022
MS. KIERKIEWICZ: Thank you, Director. Chair, I yield.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Ms. Lee Loy and then
Ms. Kimball.
MS. LEE LOY: Thank you. I think Ms. Kierkiewicz began to highlight or
lowlight our frustration right now. Mr. Mansour, on the B-52, the explanation
there. I think you just touched upon it, right. The purchase price is estimated at
266,000, but we won't realize these pieces of equipment until our next budget or
our next fiscal?
MR. MANSOUR: That is correct.
MS. LEE LOY: And so, under the terms of the lease agreement, when does the
clock start ticking? When we receive the equipment?
MR. MANSOUR: Yes. Our understanding is once we receive the equipment,
that's when the payment kicks in.
MS. LEE LOY: Okay. So, the way I'm seeing it is we budgeted in last fiscal; we
receive it in our next fiscal, but the lease doesn't start until the 2023-'24 or
'24-'25 fiscal.
MR. MANSOUR: That is correct. It's just all that due to the backlog of getting
orders just due to COVID. So, everything is being back-ordered, backlogged.
MS. LEE LOY: Yeah, thank you. Yeah, we're seeing that all over the place. I
think my heartburn is really the decisions we made in the budget last year,
spending the money now for it to be realized in another fiscal, and the timing of it
all. It takes a long time. Thank you, Mr. Mansour. I yield.
CHR. DAVID: Sorry. Thank you. Ms. Kimball, go ahead.
MS. KIMBALL: Thank you, Chair. I actually had a question for either the Clerk
or Corp. (Corporation) Counsel with respect to I believe this is the first time since
I've been in office where we've voted against a resolution that had to do with a
financial lease. What happens? Is this pertinent because we are doing a vote
again. Does it come back to us? Or is it like a bill where it's dead and can't come
back? Can I get an explanation on that?
MR. HENRICKS: I can't really answer that right now. We're on Resolution 320.
MS. KIMBALL: But I'm asking in the sense of if we were to make a similar
MR. HENRICKS: Well, hypothetically, if this were re-voted down; that's your
question then?
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Hawaii County Council-33 February 23,2022
MS. KIMBALL: I'm sorry, what?
MR. HENRICKS: Hypothetically, if this resolution
MS. KIMBALL: Hypothetically, if we were to also vote this resolution down,
what does that mean in terms of how this comes back to us, if at all?
MR. HENRICKS: It doesn't.
MS. KIMBALL: It doesn't?
MR. HENRICKS: No, motion fails.
MS. KIMBALL: Okay. I'm going to say something that actually might be a little
bit unpopular in the sense that I realize we're giving the department grief right
now for not hearing this in Committee, but we actually chose that. And so, this
was waived by Committee by the Finance Chair, with your signature, Chair. I
don't think the department bears all the responsibility here. And so, I think the
ones that were budgeted, we need to move on these. I can understand the other
one wanting to postpone, which we've done, but yeah, in all fairness, I think we
bear some responsibility as well. Thank you.
CHR. DAVID: Thank you, Ms. Kimball, for that notation. And, yes, thank you
for raising that issue because it's approved by the Finance Chair on the waiver
and then I approve it. So, responsibility is duly noted, Director Mansour and
Finance Director. Mr. Inaba, go ahead.
MR. INABA: Yeah, on this matter before us, we've taken every one before it a
little different, and I think we've put ourselves in a weird place at this point. And
being the conversation has occurred as it has, I don't know if it would be smart—
one
martone way is what Ms. Kimball is recommending. Another way is to undo all other
motions to put everything back in Committee so everything is on the same track.
I know they're for different divisions within the department. Yeah. A little
difficult. I'll leave it at that for now.
CHR. DAVID: Thank you, Mr. Inaba. Mr. Richards, go ahead.
MR. RICHARDS: Opinion on this. What's before us, I think it should all go
back to Committee because it's all jumbled. And Mr. Inaba's right. We're kind
of sideways on a couple of these decisions. And to do that, it would have to start
with the postponement. So, we'd have to start with the reconsideration. But I
think we should just clean house and take everything to Committee and then go
forward from there. I yield.
CHR. DAVID: Thank you. Are you entertaining a motion to reconsider?
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Hawaii County Council-33 February 23,2022
MR. RICHARDS: I cannot because I voted against it.
MS. KIMBALL: Actually, you were on the winning side.
CHR. DAVID: You were on the winning side. There were six noes and three
ayes.
MR. RICHARDS: Yeah, then I will.
MS. KIMBALL: No, I think we have to resolve the motion on the floor at the
moment.
MR. RICHARDS: Wait a second. Which one are we talking about?
CHR. DAVID: We're talking about 320.
Point of Order: MS. LEE LOY: Chair,point of order.
CHR. DAVID: Thank you.
MS. LEE LOY: I believe we're on a different resolution right now.
CHR. DAVID: Yes.
MR. RICHARDS: Yes, correct.
MS. LEE LOY: So, we have to stick to the resolution that's before us. Thank
you.
MR. RICHARDS: Correct. So, I would make a motion to refer it back to
Committee.
Motion to Refer: Mr. Richards moved to refer Res. 320-22 back to the
Finance Committee. Seconded by Mr. Inaba.
CHR. DAVID: Any discussion, Council Members? Ms. Lee Loy, go ahead.
MS. LEE LOY: On the motion to refer, absolutely. Yes.
CHR. DAVID: Thank you.
MS. LEE LOY: The value of having this long business conversation in
Committee, I completely support. I completely support the Committee reports
that come out of that because sometimes we're not at Committee meetings. We
can be brought up to speed real quick reading the Committee report. In the future,
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Hawaii County Council-33 February 23,2022
especially around these large purchases, I'd like to see it go through Committee
and fleshed out. So, I will be supporting the motion to commit Resolution 320 to
Finance Committee on March 8h.
CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else on the motion to refer?
Ms. Villegas, go ahead.
MS. VILLEGAS: What an interesting conversation and interesting conundrum.
And my heart goes out to you, Ramzi. You just can't seem to win for losing these
days. But I think that it's wise for us to go back to Committee and have the
conversations. I also heard something that was mentioned earlier, is the desire for
this broader plan, something similar to transportation. Is that something in your
current strategy, Ramzi? Do you have that in alignment?
I mean, when I first got into office, it was one of the first fat documents that were
provided to me, was the Mass Transit Plan. And I wonder if there is one for
DEM. I mean, we all saw the news the other day. We are, as a County, in a state
of a shit show. Like, we are on the verge of a major catastrophe. EPA
(Environmental Protection Agency) fines. It's constant sewer spills into our
oceans. So, there's this real challenge of fiscal responsibility but also providing
you the resources you need to plug the holes right now, but to come up with a
broader package that becomes that long-range solution. Is that something you
have?
MR. MANSOUR: Yes. We are working in-house to determine that path forward.
And we also have communication with EPA as well. We try to figure out how we
can tackle that Integrated Wastewater Management Plan countywide.
MS. VILLEGAS: Fantastic. Because, it seems to be the desire
Point of Order: MR. RICHARDS: Chair, point of order. We have a motion before us to send this
to Committee.
CHR. DAVID: Thank you. Ms. Villegas, there's a point of order saying that the
discussion is the motion to refer to Committee, and I think we're going into the
meat of the
MS. VILLEGAS: Okay. So, that's something that I hope, Ramzi, we can have
more discussions on when we are in Committee for a broader understanding on
how we can support you in that project. Thank you.
CHR. DAVID: Thank you, Ms. Villegas. Anyone else on the motion to refer?
MS. KIMBALL: Yeah, Chair.
CHR. DAVID: Go ahead, Ms. Kimball.
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Hawaii County Council-33 February 23,2022
MS. KIMBALL: Yeah, I appreciate the reason for wanting to go back to the
Committee. My question would be for us to reflect on what additional
information we might actually get by that time that would improve our discussion
and ability to make a decision. I would recommend if there is a reason to delay
that perhaps we just postpone, as opposed to refer back to Committee. And my
reason for that is there are supply-chain issues, and we do need to be conscious of
it, particularly in these areas.
And so, if it's unnecessary for us to delay by going back to Committee and then
we'll have to come to Council again, if we just want to delay by two weeks
instead of four, that would be my consideration. I'm going to vote against the
referral back to Committee, but I would support a postponement. Thank you.
Chair, I yield.
CHR. DAVID: Thank you, Ms. Kimball. Mr. Chung, go ahead.
MR. CHUNG: Very briefly. I voted for the continuance on the first resolution. I
voted against the second resolution. But I'm going to be voting against referring
this back to Committee. I'm actually ready to vote "yes" on this thing. But, if
short of that, I'd go with what Ms. Kimball's proposing in just deferring it here at
the Council level. Thanks.
CHR. DAVID: Thank you, Mr. Chung. Anyone else? Seeing none, on the
referral, Mr. Clerk, roll call please.
Vote on Motion to The motion to refer Res. 320-22 back to the Finance
Refer: Committee failed by the following roll call vote:
Failed
Ayes: Council Members Lee Loy and Richards —2.
Noes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz,
Kimball, Villegas, and Chair David—7.
Absent: None.
Excused: None.
(Note: Mr. Inaba voted "kanalua"then "no.")
CHR. DAVID: Thank you. Motion to refer fails. Back to the original motion.
MR. KANEALI`I-KLEINFELDER: Chair?
MR. INABA: Chair, I'd like to
CHR. DAVID: Mr. Inaba, go ahead.
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Hawaii County Council-33 February 23,2022
Motion to Mr. Inaba moved to postpone Res. 320-22 to March 9,
Postpone: 2022. Seconded by Ms. Lee Loy.
CHR. DAVID: Discussion on the postponement? Seeing none
MR. KANEALI`I-KLEINFELDER: Chair?
CHR. DAVID: Oh, go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you. I agree with some of the
comments that have been said today. I'm just going to make a real brief
statement. Mr. Mansour, I would expect that the next resolutions will go exactly
the same way. I understand that the need to waive these to come out to Council,
given the supply-chain disruption and the departmental need for these, as you
stated today we are short two semi-trucks. They broke down on Saddle Road.
You have a need.
I think a lot of the Council Members are ready to make a decision and help, but
we need background information. Given that, you're going to see the same thing
for the next probably five resolutions, and I don't want to set you guys back. I'd
like to see these proceed at Council. When you come back to Council, we need
more information,period. That's my comment, Chair. I'm going to leave it right
there. And then I'll be taking control of the next four resolutions as well and
pushing the same method, and I'll be bringing these back to Council. Thank you.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else on the
motion to postpone? Seeing none, Mr. Clerk, roll call please.
Vote on Motion to The motion to postpone Res. 320-22 to March 9, 2022, was
Postpone: carried by the following roll call vote:
(Approved)
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Villegas,
and Chair David—6.
Noes: Council Members Chung, Kimball
and Richards —3.
Absent: None.
Excused: None.
CHR. DAVID: Thank you.
Page 36
Hawaii County Council-33 February 23,2022
Res. 321-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF
FOUR WALKING FLOOR TRAILERS FOR THE DEPARTMENT OF
ENVIRONMENTAL MANAGEMENT
Authorizes the Mayor to enter into a five-year lease agreement with an estimated
total monthly cost of$14,700 to collect and transport refuse.
Reference: Comm. 628
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 321-22.
Seconded by Ms. Villegas.
CHR. DAVID: Discussion? Mr. Kaneali`i-Kleinfelder, go ahead.
MR. KANEALI`I-KLEINFELDER: I have no discussion other than what I've
stated before.
CHR. DAVID: Ms. Lee Loy.
MS. LEE LOY: Chair, on the motion to approve. Kind of all over the place on
this one. This one I actually support because it's in compliance with the
Department of Health regulations. This is a piece of equipment that they need so
that we don't go down the slippery slope of being in noncompliance with the
Department of Health or EPA or some of these other agencies that oversee us.
Again, this would have been wonderful to have had the conversation in
Committee so we could understand all these different pieces of equipment and
what they're doing for us. So, I'm actually going to be supporting this resolution
going forward. Chair, I yield.
CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else?
MS. KIERKIEWICZ: Chair, if we have the Director on?
CHR. DAVID: Yes, he is.
MS. KIERKIEWICZ: I know that we have the B-52 and there's a lot of
information, but just so members of the public can understand the need for these
walking trailers and addressing the accumulation of waste to ensure, as
Ms. Lee Loy says, that we can keep our facilities open to members of the public.
Director Mansour?
(Note: At this time, Environmental Management Director Ramzi Mansour
and Acting Solid Waste Division Chief Michael Kaha came forward to
address the members of the Council.)
Page 37
Hawaii County Council-33 February 23,2022
MR. MANSOUR: Yes. Madam Chair, Council/Committee Members. The
walking floor is to be able to load the waste from the Hilo reload facilities and
transport it, utilizing the same trucks that we're also requesting. So, these trailers
are usually mounted to the trucks that's going to kind of haul these trailers from
the east to the west. So, the trailers are the body that is going to be hooked up to
these trucks. So, they both work together. I hope you also find a need for the
trucks as well because having the trailers without trucks is going to be also
difficult for us to do our daily operations. They're all related to health and safety
issues. We could have the walking trailers, but if you cannot transport them it
becomes a health and safety hazard as well. Thank you.
MS. KIERKIEWICZ: Thank you, Director. And so, these are intended to replace
existing trailers. What is the condition of the trailers we're using now? And
should this be approved again, what's the turnaround time for us getting the new
equipment?
MR. MANSOUR: It's pretty much the same amount. With supply chain delays,
we're looking at—I'm talking here to my Deputy Chief and he also thinks it's
about 365 days' backlog on the walking trailers as well.
MS. KIERKIEWICZ: Okay. And then the condition of the current trailers?
They can hang on for another 365 days? That's what I'm getting at.
MR. KAHA: We'll make it work.
MR. MANSOUR: That's my understanding. He could make it work if we have
to. But the question is the trucks. The trucks are—we're having a hard time
getting parts to get the trucks running. And without trucks, these trailers become
stationary.
MS. KIERKIEWICZ: Right. They would no longer be trailers. Okay. And then,
these pieces of equipment, they are part of your Integrated Solid Waste
Management Plan, and these are things that you foresaw having to purchase this
fiscal year.
MR. MANSOUR: That is correct. That was on the radar. Like I said earlier,
some of these equipment goes back to the 1992, '99, some of them 2006. So, it's
pretty aged equipment that we have. That's why we have a lot of breakdowns.
MS. KIERKIEWICZ: Okay. Like Ms. Lee Loy, I will be supporting this
measure, which we heard it in Committee. But really appreciate you being
available to just provide details on the real urgent need for this equipment for your
division. Thank you, Chair, I yield.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Seeing no other
discussion from Council Members, I just want to make a note that this resolution I
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Hawaii County Council-33 February 23,2022
will be supporting. A reduction in service; I think we've experienced especially
in rural districts where they don't have the equipment and it's closed down on
very short notices. This reduction has a great impact on the rural communities, as
Director knows, especially in my district and in Puna probably. So, I will be
supporting this. Mr. Clerk, roll call vote, please.
Vote on Res. 321-22: The motion to adopt Res. 321-22 was carried by the
(Adopted) following roll call 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: Mahalo. Mr. Richards? Or do you want to wait till the end?
MR. RICHARDS: Yeah, let's get through this then go back.
CHR. DAVID: Okay. Alrighty.
Res. 322-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF
THREE BOOM TRUCKS FOR THE DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT
Authorizes the Mayor to enter into a five-year lease agreement with an estimated
total monthly cost of$13,800 to manage the increasing number of bulky items
deposited at transfer stations.
Reference: Comm. 629
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 322-22.
Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: I'm interested to hear comments from the
Council at this point. I yield.
CHR. DAVID: Thank you. Council Members?
MS. KIERKIEWICZ: Chair?
Page 39
Hawaii County Council-33 February 23,2022
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you. Director Mansour, are these the trucks you
were referring to that connect to the trailers we just approved for purchase?
(Note: At this time, Environmental Management Director Ramzi Mansour
came forward to address the members of the Council.)
MR. MANSOUR: No.
MS. KIERKIEWICZ: These are different?
MR. MANSOUR: Yes. Can you hear me?
MS. KIERKIEWICZ: Yes.
MR. MANSOUR: Yeah. These are boom trucks. These are equipment that will
be located at the Ka`u—one for the Ka`u District where it allows, similar to the
one in Ocean View, where it allows to pick up the garbage and put it in the trailer.
Because, we don't have a way to get the garbage that the residents bring in. It
goes to a 40-cubic-yard den, and then it gets picked up with that boom truck and it
gets put on the trailers. These are the three equipment we're asking for to assist in
the operation of picking up the garbage and loading them into these trailers.
MS. KIERKIEWICZ: So, you mentioned there are three, and where would these
be situated? You mentioned Ka`u. Where else?
MR. MANSOUR: One in Hilo and the other in Kona.
MS. KIERKIEWICZ: Okay. And this is, I'm sorry, new equipment replacing
something that we already have? It's not clear in the B-52.
MR. MANSOUR: One is new and two replacements.
MS. KIERKIEWICZ: Okay, so one is new for Ka`u and replacing the Hilo and
Kona.
MR. MANSOUR: Yes.
MS. KIERKIEWICZ: Okay. And again, this is to ensure that we are in
compliance with DOH (Department of Health)regulations and not being slapped
with fees and fines for any violation.
MR. MANSOUR: Absolutely. Yes.
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Hawaii County Council-33 February 23,2022
MS. KIERKIEWICZ: Okay. And again,just referring back to your Solid Waste
Management Plan, this was an item that you were elevating from there as a win
for your department, a need, in order to solve for the accumulation of waste.
MR. MANSOUR: That is correct.
MS. KIERKIEWICZ: Okay. Thank you, Chair, I yield.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else? Mr. Inaba, go ahead.
MR. INABA: Thank you. Director, when is the delivery of these trucks expected
to occur?
MR. MANSOUR: They're all within the same window for opportunity. We're
looking at about 365 days of delays because they are considered kind of mid to
heavy type of equipment, and they are specialized equipment as well.
MR. INABA: Okay. So, for the record, I'm seeing in some of these B-52s there
is a notice that we won't receive them until the next fiscal year. This one doesn't
say that. But for the record, you're saying all of these resolutions today have a
delay of one year for the delivery of these items. Is that right?
MR. MANSOUR: That is what we are anticipating. It may happen less but we
are anticipating based on what we hear from the vendors. Everything's
backlogged to almost a year.
MR. INABA: Got it. Okay, thank you. Chair, that's it for now.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else? Seeing none, I just want to
say thank you again for the comments. And also, I think because of the DOH
compliance issue, I think a waiver in this situation was necessary. And usually
it's situations such as this that we consider the waiver and the time limits of it all.
So, Mr. Clerk, roll call please.
Vote on Res. 322-22: The motion to adopt Res. 322-22 was carried by the
(Adopted) following roll call 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.
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Hawaii County Council-33 February 23,2022
Res. 323-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR A MULTI-YEAR LEASE OF
FOUR 48-FOOT COMPACTING REFUSE TRAILERS FOR THE
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
Authorizes the Mayor to enter into a five-year lease agreement with an estimated
total monthly cost of$17,500 to transport refuse from the East Hawaii transfer
stations to the East Hawaii Regional Sort Station.
Reference: Comm. 630
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 323-22.
Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Very interesting discussion today. There
seems to be a lot of confusion revolving around these different leases.
Mr. Mansour, if you could, the need for the expeditious movement of this
resolution through and to the Council is based on what for these four 48-foot
compacting trailers?
(Note: At this time, Environmental Management Director Ramzi Mansour
came forward to address the members of the Council.)
MR. MANSOUR: These trailersat the end of these trailers, they have a
compactor. So, at the Waimea, the Hilo and Kona locations these compactors
would allow for the waste to be compacted so we could have better efficiency as
we haul the waste through these trailers. So, these are for the Waimea side, the
Hilo side, and the Kona side.
MR. KANEALI`I-KLEINFELDER: What is the—these are replacing, correct?
You have broken ones? We have an excess? We don't have enough?
MR. MANSOUR: These are—my understanding, from my Acting Solid Waste
Chief, is currently we have holes in the bottom of these trailers. So, it is to
replace current equipment.
MR. KANEALI`I-KLEINFELDER: I appreciate that. As a business owner, I
understand what you're saying having to replace equipment. I visit the Hilo
landfill once or twice a week to deliver my own garbage, and I'm very impressed
with the folks who run the facility. I'm also very aware of the equipment. I
watch them to ensure that we're using our County funds well, but also to see how
we're handling our personnel and how our personnel are handling the County's
rubbish. And I commend them for their job; it's not an easy job.
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Hawaii County Council-33 February 23,2022
MR. MANSOUR: Thank you.
MR. KANEALI`I-KLEINFELDER: I'll be supporting this resolution today, and I
am going to apologize in advance for what is happening today at Council
regarding these resolutions. I understood the need from the department, and I
understand the need for our County. And I responded by waiving these to
Council for that request from the department. So, mahalo for what you guys are
doing. I'll be supporting you today. And thank you.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Hilo?
Here in Kona?
MS. KIERKIEWICZ: Chair?
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you. I just wanted clarification from the Director.
The resolution is for four but you mentioned three sites. Are two sites going to be
getting compacting trailers, and are these trailers replacing existing compacting
trailers, or are they regular trailers and now we are able to provide a bit more
efficiency with the compacting type?
MR. MANSOUR: Right. They are replacing current compactors, trailers. And
there's going to be two on the Kona side and in Hilo and one in Waimea.
MS. KIERKIEWICZ: Okay, great. Thank you for the clarification, Director.
Chair, I yield.
CHR. DAVID: Thank you, Ms. Kierkiewicz. Anyone else here in Kona? Seeing
none, Mr. Clerk, roll call vote, please.
Vote on Res. 323-22: The motion to adopt Res. 323-22 was carried by the
(Adopted) following roll call 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. Mr. Richards, go ahead.
Motion to Mr. Richards moved to reconsider the vote taken on
Reconsider: Res. 319-22. Seconded by Mr. Inaba.
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Hawaii County Council-33 February 23,2022
CHR. DAVID: Mr. Richards, go ahead.
MR. RICHARDS: Yeah, in light of the conversation we've had today, I think it
makes all the sense in the world to reconsider this vote. So, as I understand, this
first vote will be voting to then reconsider. Is that correct?
MR. HENRICKS: That is correct. This motion is to bring 319 back to the floor
in the place where it was before the vote was taken.
MR. RICHARDS: Thank you. And so, I am fully supportive, given this
conversation, all.
CHR. DAVID: Thank you. Any other discussion?
MR. RICHARDS: Chair, I just want to say that this conversation today has
highlighted the problem of waiving through Committee, and that we really need
especially in stuff like this. I understand the need that we need to have that ability
periodically, but to do a blanket like this has created a lot of issues and delayed a
lot. So, thank you, colleagues, and we're getting this thing fixed.
CHR. DAVID: Yes, thank you for that. Anyone else? Can Ioh, go ahead
MR. CHUNG: What are we voting on?
CHR. DAVID: Oh, reconsideration of the failed Resolution 319 right now.
MR. HENRICKS: So, to clarify
CHR. DAVID: We're moving to reconsider it so we can bring it back.
MR. CHUNG: Okay.
CHR. DAVID: Yeah. Any other discussion? Seeing none, all those in favor of
approving the motion to reconsider Resolution 319, Mr. Clerk, roll call please.
Vote on Motion to The motion to reconsider the vote taken on Res. 319-22
Reconsider: was carried by the following roll call vote:
(Approved)
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kierkiewicz, Kimball, Lee Loy, Richards,
Villegas, and Chair David—8.
Noes: Council Member Chung— 1.
Absent: None.
Excused: None.
CHR. DAVID: Thank you. Now
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Hawaii County Council-33 February 23,2022
MR. HENRICKS: So now, we're back to 319.
CHR. DAVID: On the floor, we have Resolution 319. We don't need another
motion, or do we need another motion to approve?
MR. HENRICKS: No, you're right back to the point in time before the vote was
called, the original vote.
CHR. DAVID: Right. Okay. Thank you very much. Discussion, Council
Members? Any? Seeing none, all those in favor of approving Resolution 319-22,
please say "aye." I'm sorry. Roll call.
Vote on Res. 319-22: The motion to adopt Res. 319-22 was carried by the
(Adopted) following roll call vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kimball, Villegas, and Chair David—5.
Noes: Council Members Chung, Kierkiewicz, Lee Loy,
and Richards —4.
Absent: None.
Excused: None.
(Note: Mr. Inaba voted "kanalua"then "aye.")
CHR. DAVID: Thank you, Mr. Clerk, and the resolution, on that five votes,
passes.
MR. HENRICKS: Yes. The measure is adopted.
CHR. DAVID: Okay. All right. Now, we can move to
Point of Information: MS. KIMBALL: Madam Chair, point of information. Just before we move on,
can IMr. Clerk, can I just have you reiterate for these last ones where we are?
We postponed 318 and the rest we passed through. Am I correct on that?
MR. HENRICKS: That's not a bad idea to kind of take a check here. Let me
check my notes here.
MS. KIMBALL: Thanks.
MR. HENRICKS: Resolution 318 was postponed to the March 9h, 2022, agenda.
CHR. DAVID: As well as 320.
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Hawaii County Council-33 February 23,2022
MR. HENRICKS: Resolution 320 was also postponed to the March 9h, 2022,
agenda. Resolution 321 was adopted. Resolution 322 was adopted.
Resolution 323 was adopted and Resolution 319 was adopted.
CHR. DAVID: Correct.
MR. MANSOUR: Madam Chair, could I mention something?
CHR. DAVID: Oh, go ahead, Director.
MR. MANSOUR: Resolution 320-22 is the semi-tractors that are going to be
intended to haul these trailers from east to west. As I mentioned, without the
semi-tractors these trailers become stationary. So, it kind of defeats the purpose
to adopt one and not the other because they come hand in hand. Thank you.
CHR. DAVID: Thank you for that, Director. And that one was postponed to the
March 9h Council meeting for discussion. All right, now we can move on.
Mr. Clerk,please, Resolution 324.
Res. 324-22: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE STATE OF HAWAII DEPARTMENT OF
BUSINESS, ECONOMIC DEVELOPMENT AND TOURISM, PURSUANT TO
HAWAII REVISED STATUTES SECTION 46-7, FOR A GRANT TO THE
PLANNING DEPARTMENT
Allows for the receipt of$160,000 in federally-derived funds, to be used for
Phase 4 and Phase 5 of the Coastal Zone Management- Shoreline Pursuit Project.
Reference: Comm. 631
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 324-22.
Seconded by Ms. Villegas.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALII-KLEINFELDER: Mahalo, Chair. Is anyone on from the
Department of Research and Development or from the Planning Department?
(Note: At this time, Planning Director Zendo Kern came forward to
address the members of the Council.)
MR. KERN: Yes, sir. Zendo Kern here.
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Hawaii County Council-33 February 23,2022
MR. KANEALI`I-KLEINFELDER: Thank you, Mr. Kern. Today has been an
interesting day. I just want to make sure you were available for questions if the
Council has any questions for you.
MR. KERN: Yes, sir. I'm available and happy to answer.
MR. KANEALI`I-KLEINFELDER: Beautiful. Give us a little background on
this, please.
MR. KERN: So, this is basically the science-based shoreline project that we've
been working on for a while that started with the UH. We've basically completed
Phases 1, 2, and 3. These funds would be for Phases 4 and 5. Phases 4 and 5, this
is more basically getting the accuracy—let me check my notes here. So, Phase 4
will be going after high accuracy ground control points in order to process the
imagery that we've done with all of the flights with the UH, etcetera, into high-
resolution 3D (three-dimensional) services for the GIS (Geographic Information
System) needs. Phase 5 we'll then be modeling for the shoreline rise inundation
area and completing the shoreline geomorphology typologies, and basically
completes that portion of the science-based setbacks that was started with the UH.
So, this will close it up.
MR. KANEALI`I-KLEINFELDER: Thank you very much, Director. I
appreciate that explanation. Chair, I yield.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else?
MS. KIERKIEWICZ: Chair?
CHR. DAVID: Seeing noneoh, go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you. Director Kern, mahalo nui for your patience
and for being on. The timeframe for this and the 160,000, is this to contract out
some of the work?
MR. KERN: Yes. The exact timeframe, I don't have that right in front of me.
Let me just see. Phase 4 will end in 12/2022; so at the end of this year. Phase 5
will run pretty much through a good portion of 2023.
MS. KIERKIEWICZ: Okay. And the information the data, the imagery that
is being compiled, is this being uploaded to a public database or map where
members of the public, members of the Council might be able to access that
information?
MR. KERN: The goal would be to have this updated onto our GIS system
eventually.
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Hawaii County Council-33 February 23,2022
MS. KIERKIEWICZ: Perfect.
MR. KERN: It will also be used in some of our modeling, and this will be
ultimately used to establish science-based setbacks for our island. As we know,
our island's unique and we have different land elements in different areas. So, we
want to have setbacks that actually make sense, that are applied in the right areas.
So, yes, the goal is to have this information available at some point to Council, to
the public, and used for a model into the future.
MS. KIERKIEWICZ: Great. And it just seems obvious that the data that you're
accumulating will help inform our General Plan and our County's Climate
Change Action Plan.
MR. KERN: Yes. This is another piece in that overall bucket of tools, right.
Like the GP (General Plan)will point to the CAP (Climate Action Plan). This
will ultimately be integrated into the GP and the CAP as another element, yes.
MS. KIERKIEWICZ: Okay, great. I'll be supporting this and mahalo nui to
DBEDT (Department of Business, Economic Development and Tourism) for their
kokua of this work. Thank you, Chair.
MR. KERN: Thank you.
CHR. DAVID: Thank you, Ms. Kierkiewicz, and thank you, Director. Anyone
else? Seeing none, Mr. Clerk, roll call please.
Vote on Res. 324-22: The motion to adopt Res. 324-22 was carried by the
(Adopted) following roll call vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy,
Richards, Villegas, and Chair David—8.
Noes: None.
Absent: Council Member Kimball — 1.
Excused: None.
CHR. DAVID: Thank you.
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Hawaii County Council-33 February 23,2022
Res. 325-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO THE ISLAND OF HAWAII
YMCA TO ASSIST WITH EXPENSES RELATED TO THE OPERATION OF
KALAMAPII PLAY SCHOOL
Transfers $10,000 from the Clerk-Council Services —Contingency Relief account
(Council District 2); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 632
Intr. by: Mr. Chung
Motion to Approve: Mr. Chung moved to adopt Res. 325-22. Seconded by
Ms. Lee Loy.
CHR. DAVID: Mr. Chung, go ahead.
MR. CHUNG: Yeah, very briefly. You heard from Kim Pierce, the director of
this program. She's also the director of Root2Rise, a therapeutic program. They
do a marvelous job. Now, she's going into this area to deal with children, and
particularly at-risk. This program is going to be located in the district which I
represent, but the reality of it is that it's going to be drawing people from the
broader community of East Hawaii.
And I had quite a bit of discussion with Ms. Pierce on this, and I told her that this
shouldn't be viewed as the County Council shouldn't be viewed as a sustaining
source of funds and she understood that. This is a start-up but I think it's a
marvelous idea. It has the potential to be a program that can really make an
impact in our community. So, I just wanted to say that this is a one-time thing,
and I think she's reached out to other Council Members as well. Thank you.
CHR. DAVID: Thank you, Mr. Chung. Anyone else?
MS. KIERKIEWICZ: Chair?
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
MS. KIERKIEWICZ: Thank you. I wanted to just have on the record that I was
incredibly moved by Kimmy Pierce's presentation to the Council. It really does
solve for the childcare issues that we are having, the mental health that our keiki
have been experiencing,just a lot of distress with the pandemic. And just really
appreciate her ability to also work with UH students and build up the workforce
as it relates to therapy, and also taking care of one of our most precious resources
and that's our keiki. So, I'll be supporting this and following up with some
contributions from my CRF (Contingency Relief Fund) as well. Thank you,
Council Member Chung, for putting this forward. I yield.
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Hawaii County Council-33 February 23,2022
CHR. DAVID: Thank you, Ms. Kierkiewicz. Ms. Lee Loy, go ahead.
MS. LEE LOY: Briefly. Thank you, Mr. Chung, for putting this forward. All the
support, absolutely. I, too, have a future resolution supporting this program. But
I also would love to connect with Ms. Pierce. I think this is one of the programs
that we might be able to model with a lot of the ARPA (American Rescue Plan
Act) funds that is coming forward to address mental health, childcare, and just
helping the most vulnerable population, which is our keiki who have struggled a
lot through this pandemic. So, thank you for putting this forward, Mr. Chung. I
will be supporting.
CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else? Seeing none, thank you
again. Mr. Chung, this is a great resolution, and your contribution is much
appreciated. I wish I had money left in my contingency. But on that note,
Mr. Clerk,please, roll call.
MR. CHUNG: I have a comment.
CHR. DAVID: Oh, go ahead. I'm sorry.
MR. CHUNG: I really do appreciate the comments. And I heard my name stated
by several speakers, but I want to just let you guys know. This is what I told
Ms. Pierce when she said that she was going to testify. I told her, "I don't want
my name mentioned one time during the course of your testimony because this is
the County's money. This is the public's money." I mean, it is coming from my
CRF. But basically, that was my instructions to her. So, thank you but I have to
keep with what I told her.
CHR. DAVID: Thank you for that, Mr. Chung. Clerk Henricks, roll call please.
Vote on Res. 325-22: The motion to adopt Res. 325-22 was carried by the
(Adopted) following roll call 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. Can we move to bills for first reading, please?
MS. LEE LOY: Chair?
CHR. DAVID: Go ahead.
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Hawaii County Council-33 February 23,2022
MS. LEE LOY: Personal request for a ten-minute recess, please.
CHR. DAVID: Oh, I'm sorry. That's my fault.
MS. LEE LOY: Or maybe five.
CHR. DAVID: Request granted. We're in a recess for five minutes. Thank you.
Recess: At 11:22 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 11:29 a.m.
CHR. DAVID: Mr. Clerk, can we please proceed with Bill 111, Draft 2?
BILLS FOR The Chair directed the Council to proceed to the next order of business, Bills for
ORDINANCES Ordinances (First Reading).
(FIRST READING):
(Note: Bill 113 was taken up previously, out of order.)
Bill 111: AMENDS CHAPTER 19, ARTICLE 11, SECTION 19-90, OF THE HAWAII
(Draft 2) COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
REAL PROPERTY TAXES
Allocates 75 percent of real property tax revenue collected annually from
Residential Tier Two properties that is applied to the net taxable real property
value of$2 million or more to County-sponsored programs to address
homelessness, through June 30, 2027.
Reference: Comm. 589.2
Intr. by: Mr. Chung
Approve: FC-105
and
Comm. 589.3: From Council Member Ashley L. Kierkiewicz, dated February 15, 2022,
transmitting a proposed amendment to Bill 111, Draft 2.
Motion to Approve: Mr. Chung moved to pass Bill 111, Draft 2, on first reading
and adopt Finance Committee Report No. 105. Seconded
by Ms. Lee Loy.
CHR. DAVID: Go ahead, Mr. Chung.
MR. CHUNG: Yeah, very briefly. I don't know how this thing is going to turn
out in its final form. And however it turns out, as long as it's the will of the
Council, I'm A-OK because this was really intended to just kick-start a
discussion. And then, hopefully everyone can put their thoughts into this idea and
then come out with a really good plan, and then it can be a product of the Council.
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Hawaii County Council-33 February 23,2022
That's really what I was looking for. But I just want to warn against going too far
on this matter. If not, we run the risk of losing sight of what we are trying to
address.
The fact of the matter is homelessness is a problem. It's a problem for those who
are homeless, of course. It's a problem for many of our businesses, residents who
are somewhat maybe apprehensive of what's going on. Today, I took a run—one
of the few times I take a run in the morning in Kona; in fact anywhere—and right
by the pier I saw there's a restroom over there by the King Kamehameha Hotel.
And it says, "Aloha. Welcome to Kona." And under that were all of these
homeless people sleeping. And I just thought it was a real poignant image;
disturbing, sad commentary on how things are. And I think we really need to do
all we can to help.
And I appreciate all of your assistance, Maile, in getting this thing moving. But
really, I'm open to any suggestions. But I also want to say, though, I would like
to give the Administration some flexibility in dealing with this. If you guys have
any questions, ask Susan Akiyama what she's come up with, what her vision of
what her department's vision is for using these monies. Because if we go in with
an inflexible type of program, it might hamper our ability to move quickly on
other fronts. I just thought I'd say that. And what we could do,just to make sure
that the Administration is using the monies properly or to our liking, we can ask
for quarterly reports from them to see how things are going. And even if they're
prepared to enter into long-term types of contracts, we would like to know that
before they enter into those long-term projects or contracts.
But both here on the Council and at the other levels with Administration and the
Community Alliance people, this is really intended to be something that fosters
collaboration. And that's all I wanted to say. But whatever the Council comes up
with, I'm fine as long as it does not stray too far from what we're trying to
accomplish. Thank you.
CHR. DAVID: Thank you, Mr. Chung. Mr. Richards, go ahead.
MR. RICHARDS: Thank you, Chair. And first of all, Mr. Chung, Aaron, thank
you for doing this. I spoke against this ask coming forth because I was concerned
it wouldn't go towards the right direction, but this is directing it to the right
direction, which I really appreciate your work on that. And I see Lisa Miura is in
chambers right now, and I'll ask to validate this, but if I recall correctly, this tax
generated about$10 million additional in the last cycle. And so from reading
your bill, it would look like you're looking at about seven-and-a-half million
plus/minus going into the program. Ms. MiuraChair, is it okay to call her up to
answer that?
CHR. DAVID: Sure. Go right ahead.
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Hawaii County Council-33 February 23,2022
MR. RICHARDS: Lisa, thanks for being here. Could you just verify the
numbers there?
(Note: At this time, Real Property Tax Administrator Lisa Miura,
Department of Finance, came forward to address the members of the
Council.)
MS. MIURA: Sure. Lisa Miura, Real Property Tax Administrator. I know there
was discussion, and I am going to answer that. What's the intent from what
Mr. Chung said at the last meeting, that is correct. I would like to clarify that
there was some discussion about Council talking to Corp. Counsel about the
wording, and it is not clear from how the bill's currently written. But what he
intended is actually what's coming out. And I just have to say that from the Real
Property Tax side.
MR. RICHARDS: Mr. Chung, I'm happy to turn it over to you.
MR. CHUNG: Yeah. And as I said the last time, this is something I came up
with and I've worked with our Legislative Branch. But ifI'm all ears. If
there's a way you guys know what we're trying to accomplish, right? If there's
a way of tweaking the language that makes it very clear, then please let us know.
We still have one more reading. That's all I've got to say. Help us out on this,
please. Thank you.
CHR. DAVID: Thank you, Mr. Chung. Mr. Richards, go ahead.
MR. RICHARDS: Yeah, so, I appreciate it. Aaron, I think I know your intent,
and I appreciate it and I fully support your intent. And I will be supportive of
whatever message we need to take forward. Thinking about something that
Lieutenant Governor Josh Green stated. He said it's been found that, in our State,
if we just get housing over our homeless, we're going to save over $300 million in
healthcare costs a year. And so, this is that swing towards that because that
affects our County substantially as well. So, I'm very fully supportive of this, and
I appreciate you trying to tailor this to take care of the needs of our community,
especially the ones that probably need it more than anybody else. So with that,
Chair, I yield.
CHR. DAVID: Thank you, Mr. Richards. Now, Ms. Lee Loy, go ahead.
MS. LEE LOY: Thank you, Chair. Ms. Miura—and maybe it's between you and
Mr. Chung the language, which is where I'm honing in on, it says, "County-
sponsored programs designated to address homeless." And so, I was just
wondering what the definition of County-sponsored programs were to look like,
or if we have to just kind of share what we envision County-sponsored programs
to be.
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Hawaii County Council-33 February 23,2022
MS. MIURA: So, the part that I was concerned about wasn't so much the
County-sponsored program; it was the 75 percent of the revenue collected
annually from the tax on residential tier two property. And the reason for our
concern, if I can, is that County Council passed the residential tier two tax rate as
$13.60 in one resolution. In a different ordinance, Council stated the tax rate
established for the residential tier two property shall be applied to the net taxable
real property value of 2 million and more.
So, the intent from Council Member Chung is understood that it's only the
difference. But how your ordinance and how your resolution is written, it would
be the entire $13.60, which I do not believe was his intent. And I think the
concern from our side is that eventually you will all be gone. I'll be gone
hopefully retired. And people will take that as the entire amount. And so, I think
it just needs to be clarified. But my intent isn't to get into how the money is spent
at all.
MR. CHUNG: Right. And if I may
CHR. DAVID: Mr. Chung, go ahead.
MR. CHUNG: Just so that I can explain how this thing progressed. As I said,
first I used the two-tier reference as being a term of art;just left it at that. But
then Deanna, I guess it struck a nerve with Deanna, and rightfully so. She wanted
to—she was concerned that it could be interpreted that, as you said, we're talking
about the whole shebang, which is a lot of bread, right. And so, I went back,
worked with the Legislative Branch, and we came up with this thing.
I had preferred, though, using the word"difference" someplace in there; I don't
know exactly where. But this is what we came up with. But again, you know
what we mean. It's what we're realizing or recognizing, whatever the term of art
is, versus what we would have gotten had there not been a two-tier, that difference
there. So, if somebody greater than I can come up with some kind of language
and the "greater than I"might be you, right, Judge Strance then we all know
what we're talking about here. But we want to make sure it's crystal clear, right.
So, if everybody can kind of think of things and propose some amendments later
on. It doesn't have to be through me, yeah. Can be through Administration
because I said this is something that everybody I'd like to see everybody getting
their hands in this matter. Thank you.
MS. LEE LOY: Thank you.
CHR. DAVID: Thank you, Mr. Chung. Go ahead, Ms. Lee Loy.
MS. LEE LOY: Yeah. So, as Mr. Chung said, it's that difference between not
the whole 13-and-some change. Okay. I did have one other question, and maybe
it's for Mr. Chung. It's to address homelessness. And we have an amendment
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Hawaii County Council-33 February 23,2022
coming up. And just thinking through if it's to address homelessness and it leads
to the development of housing, is that the intent for the money? Or is it just to
address the homeless population?
MR. CHUNG: My feeling is, anything that has a nexus to addressing the
homelessness issue can be used. And that's why it's very important, I think, to
get periodic reports from the Administration, short of there being specified uses
laid out. I did mention there could be an enforcement component here. And
enforcement, I don't want to use that word and conjure up images of sweeps or
things like that, but it is to give the public a greater sense of security by providing,
perhaps, a little bit more police presence in certain areas. And I'm thinking
Kailua-Kona and downtown, but even maybe Pahoa and other places.
But we've also heard from via Ms. Akiyama, and I really thank her for her
assistance in this matter. I'm going to view her as being the voice of both the
Administration and the Alliance because she's really been talking to them. But
she did have a conversation with Chief Ferreira who said it's going to be
problematic at this time to beef up Police presence in those areas because they
cannot even they're having a hard time hiring police officers right now. So,
that's a problem. But let's say four years down the line, after we start getting
housing opportunities for the homeless population, and now we're getting a better
picture of what's left over, then perhaps. And maybe when employment starts to
pick up, then we could refocus some of those monies towards at least providing a
greater presence.
But anything-my feeling is anything that can be related to addressing the
homelessness problem because, as I've said, the problem is not just with those
who are homeless. It's a bigger problem for-if you ask anybody, they will have
their views as to why this is a problem. So, that's where the Administration has to
really work, and then all of us as well. Thank you.
CHR. DAVID: Thank you, Mr. Chung. Ms. Lee Loy.
MS. LEE LOY: Yeah, Mr. Chung, you just mentioned also periodic reports back
from Finance Department. And just curious as to what that report would look
like; if it's just the funding and where it's going, or if there's like a measured
outcome that we're hoping to achieve.
CHR. DAVID: Mr. Chung.
MR. CHUNG: That would be the best. If we could articulate—well, our ultimate
goal is to end homelessness within five years, right. I mean, that's implicit in this.
Whether that can be accomplished begs the question; it might be overly
optimistic. But we've got to put people's feet to the fire. If at the end or near the
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Hawaii County Council-33 February 23,2022
end of five years it seems that we're making progress but we need a little bit more
time, of course this thing could be extended. If we're making no progress, then
we know this experiment was a bad experiment. But yeah, there's no stated goal.
Maybe what we could do is approve the funding source and anyone else who
wants to come in, and then articulate a goal or measurable outcomes. We could
do that. I just want to make sure that we can commit this pot of money to people
who are ready. They're standing at the ready to go and help build houses, provide
support. That's going to be the first thing that we need to do in all of this. I think,
across the board, they said housing first model, and that for sure is what we've got
to do, right. And then we kind of find our way through.
But I will reiterate this is a work in progress and I want it to be a product of
everyone, yeah. We have to put heads together and work this thing out. And I
think, at the end, ultimately we'll come up with something very good, but just
approve the funding source. Thanks.
CHR. DAVID: Thank you. Ms. Lee Loy.
MS. LEE LOY: Yeah. Just thinking out loud amongst the group. Hearing a little
bit more clarification, for Real Property Tax, around that difference would be
helpful in the ordinance. But what I'm also hearing, Mr. Chung, is not to be too
restrictive within the ordinance, and curious as to maybe a companion resolution
outlining the baseline information as to where we are right here in 2022 as far as a
homeless count. And then the preferred outcomes over the course of five years.
MR. CHUNG: That's my preference. Thank you.
MS. LEE LOY: All right. Thank you, Chair, I yield.
CHR. DAVID: Thank you, Ms. Lee Loy. Thank you, Mr. Chung. Mr.
MS. KIERKIEWICZ: Chair David?
CHR. DAVID: Go aheadI believe
MR. RICHARDS: No.
CHR. DAVID: Okay. Ms. Kierkiewicz, go ahead then I'll go to Mr. Richards.
MS. KIERKIEWICZ: Thank you.
Motion to Amend: Ms. Kierkiewicz moved to amend Bill 111, Draft 2, with
the contents of Comm. 589.3. Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Ms. Kierkiewicz.
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Hawaii County Council-33 February 23,2022
MS. KIERKIEWICZ: Thank you, Chair David. And thank you, Council
Member Chung, for providing us a vehicle to be able to really underscore issues
that are important to all of the members of this body, and that's homelessness and
housing. I did want to call forward because we have our Housing Administrator
Susan Akiyama Kunz and I believe Homeless CoordinatorSharon, correct me if
I'm wrong if I don't have your title correctly but also Sharon Hirota with the
Office of Housing and Community Development. If you could just come
forward. I know you guys have had a couple of weeks to really think about what
you heard at the last Committee meeting regarding this bill and might have some
ideas on how we might be expending these dollars to support serving the
homeless population, but also housing production on Hawaii Island.
I really wanted to be explicit and include the word"housing." I mean, it's a no-
brainer folks that are homeless or experiencing homelessness or are on the verge
of doing so, they need housing. And we're in a crisis that won't solve itself. And
so, this is a way in which we are able to essentially create our own destiny and
solve for it with a local funding solution. So, Administrator Kunz, if you would
like to just provide the Council with some thoughts that you and Sharon have
maybe put together on how we might be able to program these dollars based on
what you've heard at Council.
(Note: At this time, Housing Administrator Susan Kunz and Housing and
Community Development Specialist Sharon Hirota came forward to
address the members of the Council.)
MS. KUNZ: Good morning, Madam Chair and members of the County Council.
My name is Susan Kunz. I'm the Housing Administrator for the Office of
Housing and Community Development. Thank you so much for the opportunity
to come before you and speak about our work around homelessness and housing,
and this opportunity to consider the utilization of this fund.
Given the conversation that has happened, I think one of the important things we
need to do is identify how much money we're talking about. So, I like the
conversation about being a little bit more certain about what's going to get
generated. I think as we're starting to consider what kind of work we're going to
do, what the program initiatives look like, I think it's important to understand how
much money we're working with.
I do believe that we heard this morning from testifiers, and from our own work in
working directly with this population, the programs and the services are critical.
But that is not the vehicle to end homelessness, right. It's a vehicle to get people
from homelessness into permanent housing, and I think that's the way that we are
going to end homelessness.
MS. KIMBALL: Administrator Kunz, could I have you speak right into the
microphone. It's hard to hear you in Kona.
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Hawaii County Council-33 February 23,2022
MS. KUNZ: Am I a little too far? Can you hear me?
MS. KIMBALL: Much better, thank you.
MS. KUNZ: Okay. So, I really believe that the housing component is really
critical to the programs that we're going to be putting together. I also want to say
to the Council that the Housing office has been very successful for many years,
running all of the County's housing programs. And I want to use that experience
and that success to maybe mirror what we're going to be doing here. There is a
process that we've developed over the years, and some of it is driven by HUD
(United States Department of Housing and Urban Development), right, but a
process that will allow us to engage the community because I think that's really
critical. We have some ideas about what kind of programs we should be running
and what kind of services are needed. And we know that affordable housing is a
critical piece right now.
But I really want to engage a process of going out into the community, getting
some input. I think that's going to be really necessary for us to put a solid plan
together; conduct some RFPs (Request for Proposals) and get providers to the
table, whether they're developers or service providers, and take a look at some of
the proposed activities that they want to do. I think that's the way that this is
going to roll out.
I see a role for the Council to stay engaged, or for me to report back maybe on an
annual basis once we conduct these public hearings, do an RFP. And I'd like to
come back before this body the same way we do when we're doing the
Community Development Block Grant programs or HOME(HOME Investment
Partnerships Program) or Housing Trust Fund programs, to come back to this
body to present a list of projects that we want to do for the year. It is my intention
to RFP and to award 100 percent of the funds every year so nothing's sitting.
I think that my responsibility would be to get these funds out into the community.
They're not going to do anybody any good if they're sitting in the coffers, right.
So, that would be my focus.
MS. KIERKIEWICZ: Thank you, Administrator. Folks, I hope you can hear us
okay in Kona. Thank you for that. And I just really appreciate you and your team
considering the existing programs and processes you're having to administer,
rather than reinventing the wheel. The way you are conducting the CDBG
(Community Development Block Grant)program, having that Five-Year
Consolidated Action Plan and then the Annual Plan, I think that it is a good model
for you to be doing should this pass.
And because there is a five-year sort of window sunset for this, I think it would be
wise for your department, for your office to be crafting a five-year plan with these
annual goals. And it's good to know that the Council can stay engaged, not just
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Hawaii County Council-33 February 23,2022
here at the dais but we can be part of the public engagement meetings you were
hosting so that we can hear directly from folks that are interested in providing
various programs and services related to homeless and housing.
I'm looking for my colleagues' support on this. Again, the housing crisis is not
going to solve itself. We all know that housing is a key determinant in positive
social outcomes, and it really underlies socio-economic fabric and personal well-
being. And so, if we have people in stable housing, we just know that they are
going to be thriving and so will our economy.
And why I feel really passionate about ensuring that we have a local funding
source is we can dictate how it's spent. There's a lot of money that is available on
the Federal and State side, but oftentimes, there are just so many restrictions. And
it's not to say that we aren't going to go after those funds, but having our own pot
of money available allows us to help fill in the gap and ensure that because there
is no one-size-fits-all solution, we can really meet the needs of our island's
situation. So thank you, Administrator Kunz, for being here, and looking for
support from my colleagues on this measure. Thank you, Chair.
CHR. DAVID: Thank you, Ms. Kierkiewicz. And on the amendment, your
amendment 589.3 is basically adding housing to the new paragraph, right?
MS. KIERKIEWICZ: Yes, Chair, that is correct.
CHR. DAVID: Thank you very much. Mr. Richards, go ahead.
MR. RICHARDS: We have a motion before adding the amendment, correct?
CHR. DAVID: Yes.
MR. RICHARDS: Yeah, I wanted to have further comments. So, I'll reserve till
we finish up this motion.
CHR. DAVID: Okay. Anyone else on the amendment,just adding the words
"housing and"before "homeless"?
MR. KANEALI`I-KLEINFELDER: Yes, Chair.
CHR. DAVID: Thank you. Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you very much, Chair. I appreciate
the intention but I don't support it. The reason being there is a plethora of
funding sources available for housing already. And although we are pushing the
need for housing to end homelessness, it's a piece of"but housing needs to be
paired with services." I've heard that again and again from every one of our
service providers. If you don't provide services with housing, you don't have a
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Hawaii County Council-33 February 23,2022
good outcome; you have a lot of recidivism. So, using the words from our own
service providers and understanding the need for housing and to end
homelessness, I don't want to restrict but I don't want to open it up too wide
either. I like the original bill as is. I do not support the amendment. Thank you.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else on the
amendment? Mr. Chung, go ahead.
MR. CHUNG: Yeah, thank you. I actually agree with Mr. Kaneali`i-Kleinfelder,
but at the same time, I will be supporting the amendment. I think we have enough
checks and balances. I think we also know what we're trying to accomplish,
yeah. I mean, I would be very discouraged if I saw a disproportionate amount of
the money going toI don't even know how to describe it—but something that
doesn't have a real clear nexus to our homeless population. But I'm okay with
this. I think we just need to work with the Administration. And I'm anticipating
someone will come up with a further resolution to refine this. So, that's all I
wanted to say. Thank you.
CHR. DAVID: Thank you, Mr. Chung. Ms. Kimball, go ahead.
MS. KIMBALL: Thank you, Chair. I'll be supporting this amendment. And the
primary reason is that when we were in NACo, there were a couple of different
workshops on houselessness and affordable housing. And probably the biggest
take-home message I got from it was that there's not a silver-bullet solution; it's a
silver-buckshot solution. You want to try as many different options, including
preventing people from becoming houseless by providing housing. Really
interesting concepts of purchasing deed restrictions on properties, incentivizing
additional dwelling units. There's all sorts of things that I think we could have in
our toolbox. So, I actually support the expansion of the use as defined by the
addition of this amendment. Thank you, Chair, I yield.
CHR. DAVID: Thank you, Ms. Kimball. Ms. Lee Loy.
MS. LEE LOY: Yeah, thank you. I support the amendment. What we learned in
the past, too, especially when trying to access monies, sometimes the vernacular
has to be just right. And I would really hate for us to miss an opportunity to stack
or grade other funding into these possibilities to end homelessness if we fail to not
have the right vocabulary in some of our policymaking. So, I will be supporting
this amendment.
CHR. DAVID: Thank you, Ms. Lee Loy.
MR. CHUNG: It's me again. Sorry.
CHR. DAVID: Oh, Mr. Chung, on the amendment. Go ahead.
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Hawaii County Council-33 February 23,2022
MR. CHUNG: Yeah, you know what? I wanted to just mention this. That could
be used as a guideline, doesn't have to be that restrictive of course, and this was
provided by Sharon Hirota a few weeks ago, not just now. But she suggested that
it could be Housing that provides preference to those experiencing homelessness
or are exiting out of shelters or transitional housing. And I would also add the
word "risk" in there or"at risk" of something, yeah. But just as a guideline.
Wanted to throw that out there. But certainly, I'm okay with this amendment.
Thank you.
CHR. DAVID: Thank you, Mr. Chung. Any other—Ms. Kimball, go ahead.
MS. KIMBALL: I'm just going to weigh in my two cents. I love that idea,
talking about specific targeting of that. So, I would support that as a good point.
Thanks.
CHR. DAVID: Thank you, Ms. Kimball. Anyone else? Seeing none, I like that
addition that you just talked about also because I think it speaks to honing down,
via resolution or whatever it becomes after this, no, in identifying the specifics.
So, I like that for future reference. Okay, Mr. Clerk, on the motion to amend
Bill 111, Draft 2, with the contents of Communication 589.3.
Vote on Motion to The motion to amend Bill 111, Draft 2, with the contents of
Amend: Comm. 589.3 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: Council Member Kaneali`i-Kleinfelder— 1.
Absent: None.
Excused: None.
CHR. DAVID: Thank you. Now, we're back to Bill 111, Draft 2, as amended.
Mr. Chung, go ahead.
MR. CHUNG: Thank you, Maile. I don't want to put her on the spot, but maybe
if I could call Deanna up. You know why? Deanna is always prepared. No
matter what, you know she's going to come up with something. If not, I wouldn't
have called her up. But, Deanna, do you have any possible language that we
could use that would be satisfactory to you and your department, or whomever
has to administer this ordinance?
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council.)
MS. SAKO: So, Lisa and I have been working with Corporation Counsel, and we
would propose something like "no less than 75 percent of the revenue collected
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Hawaii County Council-33 February 23,2022
annually, calculated as the difference in revenue from the residential tier one tax
rate to the residential tier two tax rate as described in Hawaii County Code
Section 19-90(f).
MR. CHUNG: Okay, so that's good with you guys, right?
MS. SAKO: Yeah.
MR. CHUNG: Okay. So, you went too fast; I couldn't take notes. But I know
you have it written down someplace. I'll come see you and then we can prepare
another amendment when it gets to final reading.
MS. SAKO: Sounds good. Thank you.
MR. CHUNG: Thank you, Deanna. See, I knew she would have something.
CHR. DAVID: Premonition. Thank you, Mr. Chung. Mr. Richards.
MR. RICHARDS: Okay, thank you, Chair. In just keeping in spirit of
Mr. Chung's bill, I would like to comment about latitude; I think we need to be
very mindful of that. You did say with that latitude—and I'm just bringing this
out, Aaron-if for some financial reason we need to postpone it, or not postpone
it but to put it on hold because we need to finance this somewhere else in the
County, we need that latitude.
Now, if you want to have a line in there where we can waive this provision for a
year or whatever, if we need the funds someplace else by a super majority vote of
Council—and again, this is not an offered amendment but a suggestion—and you
explained the termination date. And initially, I was against the termination date,
but your explanation makes all the sense. We're going to try this for five years.
So, if it doesn't work, we're out. Or if it works really well, we authorize. So, I
think that's a really thoughtful way of approaching that. So, I'm going to support
it. That's all, Chair. I yield.
CHR. DAVID: Thank you, Mr. Richards. Anyone else? Ms. Kimball, go ahead.
MS. KIMBALL: Yeah, I also support the funding source, and I think we've got a
clear definition coming from the Finance Director now. The one thing that I still
think is outstanding: I do want to keep the flexibility in terms of how it can be
used, but I do want it to go somewhere specific, whether it's a special account or
to a particular department or the OHCD (Office of Housing and Community
Development). I feel like we need somebody to be reporting to us to be
accountable to have those metrics. So, I don't know. Deanna, if you have a
recommendation or, Administrator Kunz, if you have a recommendation? That's
probably the one thing I'd like to see in here, is a specific direction for these funds
to go. Thank you, Chair, I yield.
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Hawaii County Council-33 February 23,2022
CHR. DAVID: Thank you, Ms. Kimball. Ms. Lee Loy, go ahead.
MS. LEE LOY: Thank you, Chair. At our last meeting, Deanna, and maybe you
have it now that we've clarified the language, I was hoping to see like a forecast
or like a fiscal impact statement. Do we have a better grab on that at this meeting
as to the projections? And I know it's difficult because we have to certify the
values and so on and so forth, but just maybe a high-level thumbnail sketch of
what the forecast might look like.
MS. SAKO: So,just to clarify, I did not receive a request to prepare a fiscal
impact statement. However, if you're looking for an estimate, the best we can do
at the moment is based on last year's budget. It would be roughly seven to seven-
and-a-half million—for the current year's budget, sorry.
MS. LEE LOY: And then, is that something you could prepare for us every fiscal
year so that we can see the trend?
MS. SAKO: So, as we kind of talked about last time a little bit, and to answer
Ms. Kimball's question, we actually—our thought is to make a separate section,
like a department, in the budget and then detail out what it would be spent on.
And so, it would be available in the budget to see the trend, you know, up/down
or whatever. And then, it would be an annual part of the budget so that in March
it would be our best estimate. And in May it would be refined based on the
certified values.
MS. LEE LOY: Great. Thank you so much, Deanna. Chair, I yield.
CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else before I take the vote?
All right, I just want to thank Lisa Miura, here from the Real Property Tax.
Thanks for being here and enlightening us. And also Director Sako and
Administrator Kunz. Mr. Clerk, roll call please on approval of Bill 111, Draft 2,
as amended with Communication 589.3.
Vote on Bill 111: The motion to pass Bill 111, Draft 2, as amended to
Draft 3 Draft 3, on first reading and adopt Finance Committee
(Approved) Report No. 105 was carried by the following roll call 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.
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Hawaii County Council-33 February 23,2022
Bill 122: 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 Fund Balance from Previous Year account($4,940,000),
and appropriates same to the following accounts: General Excise Tax Mass
Transit Salaries and Wages ($200,000) and Other Current Expenses ($4,700,000);
Retirement Benefits ($15,000); and Federal Insurance Contributions Act Employer
Share ($25,000). Funds would be used to cover unanticipated costs.
Reference: Comm. 622
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Vote on Bill 122: Mr. Kaneali`i-Kleinfelder moved to pass Bill 122 on first
(Approved) reading. Seconded by Mr. Richards and carried by the
following roll call 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.
Bill 123: 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 —Coastal Zone Management account
($160,000), and appropriates same to the Coastal Zone Management account.
Funds would be used by the Planning Department for Phase 4 and Phase 5 of the
Coastal Zone Management- Shoreline Pursuit Project.
Reference: Comm. 631
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 123 on first
reading. Seconded by Mr. Richards.
CHR. DAVID: Mr. Kaneali`i-Kleinfelder.
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Hawaii County Council-33 February 23,2022
MR. KANEALII-KLEINFELDER: We have discussed Resolution 324
previously. The Director answered many of our questions, and I have no further
questions, Chair.
CHR. DAVID: Thank you very much. Anyone else? Seeing none, Mr. Clerk.
Vote on Bill 123: The motion to pass Bill 123 on first reading was carried by
(Approved) the following roll call 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.
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
THE DAY the Day (Second or Final Reading).
(SECOND OR
FINAL READING): (Note: Bill 106, Draft 2, was taken up previously, out of order.)
Bill 114: AMENDS CHAPTER 15, ARTICLE 9, SECTION 15-72, OF THE HAWAII
COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY ADDING
KAMEHAMEHA PARK TO THE FARMERS MARKET FACILITY
SCHEDULE
Allows a farmers market to be established and operated at Kamehameha Park in
Kohala.
Reference: Comm. 600
Intr. by: Mr. Richards
First Reading: February 9, 2022
Motion to Approve: Mr. Richards moved to pass Bill 114 on second and final
reading. Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Mr. Richards.
MR. RICHARDS: Yeah, thank you. I wasn't here when it went through the first
reading, but I appreciate my colleagues supporting and going through. This is a
culmination of a post-COVID initiative in my district in Kohala to reestablish our
farmers market. And this is a procedural thing to allow farmers market at our
County parks. This is by Kohala people for Kohala people, and it makes all the
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Hawaii County Council-33 February 23,2022
sense in the world to get it done. A big shout-out to Parks and Rec. (Recreation)
Mo Messina for helping us get this down. And so, this is getting across the finish
line. Happy to answer any questions. Thanks, Chair, I yield.
CHR. DAVID: Thank you, Mr. Richards. Anyone else?
MR. KANEALI`I-KLEINFELDER: Chair?
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Mr. Richards, I just
wanted to say mahalo for doing this. We did—well, I did something similar in
Pahoa, and it's worked out very well. It's a great opportunity for the community
to have a farmers market and to create kind of a community-gathering center. So,
I appreciate what you're doing. You have my full support. Thank you very
much.
MR. RICHARDS: Thank you.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else? Seeing
none, Mr. Clerk.
Vote on Bill 114: The motion to pass Bill 114 on second and final reading
(Adopted) was carried by the following roll call 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.
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Hawaii County Council-33 February 23,2022
Bill 116: AMENDS ORDINANCE NO. 21-39, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2021 TO JUNE 30, 2022
Adds the Public Works Waianuenue Avenue Bridge Modernization project to the
Capital Budget: County ($517,500) and Federal ($1,656,000). Funds for this
project shall be provided from General Obligation Bonds, Capital Projects Fund—
Fund Balance and/or Other Sources ($517,500) and Federal Grants Receivable
($1,656,000), and would be used for planning, design, and management costs.
Reference: Comm. 604
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: February 9, 2022
Note: Requires 2/3 vote of the entire
membership to amend,pursuant to
Section 10-6(e), Hawai`i County Charter
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 116 on
second and final reading. Seconded by Ms. Villegas.
CHR. DAVID: Mr. Kaneali`i-Kleinfelder, go ahead.
MR. KANEALI`I-KLEINFELDER: I believe we've had a good conversation
about this bill. I have no discussion.
CHR. DAVID: Thank you. Anyone else? Mr. Chung.
MR. CHUNG: Yeah, I just wanted to make one comment because I've heard
from some people who live in that area. And of course, they're in support of this.
But they were asking about the possibility of sidewalks on either side of the road
because of, I guess, road widening over the many, many years. It's become very
difficult to walk on. A lot of people walk over that bridge to go to Rainbow Falls.
So, I did discuss this with Director Rodenhurst, and he said they're currently in
the process of getting approvals from SHPD (State Historic Preservation
Division) and FEMA (Federal Emergency Management Agency). But if those
approvals allow for sidewalks on either side of the road, then they will
definitely their plans are to include that in their design. So, I just wanted to say
what's in their minds and what they're planning, or what the constraints are.
Thank you.
CHR. DAVID: Thank you, Mr. Chung. Anyone else? Seeing none, Mr. Clerk.
Page 67
Hawaii County Council-33 February 23,2022
Vote on Bill 116: The motion to pass Bill 116 on second and final reading
(Adopted) was carried by the following roll call 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. Bill 117, please.
MR. HENRICKS: I will be reading in 117, Draft 2, and 118. They are coming
together in the same communication.
Bill 117: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING
(Draft 2) BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2022
Increases revenues in the Fund Balance from Previous Year account($3,212,000),
and appropriates same to the following accounts: Human Resources Other Current
Expenses ($49,000) and Equipment($2,000); Research and Development Other
Current Expenses ($250,000); Police Dispatch Salaries and Wages ($116,000);
Police Investigation Cause of Death($200,000); Training and Volunteer Fire Other
Current Expenses ($35,000) and Equipment($73,000); Helicopter Services
($250,000); Building Inspection Other Current Expenses ($40,000); Parks and
Recreation Administration Other Current Expenses ($35,000) and Equipment
($220,000); Parks Maintenance Equipment($60,000); Environmental Management
Other Current Expenses ($31,000) and Equipment($41,000); Transfer to Solid
Waste Fund ($410,000); and Workers Compensation—General ($1,400,000).
Funds would be used to cover unanticipated costs.
Reference: Comm. 605.2
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: February 9, 2022
Page 68
Hawaii County Council-33 February 23,2022
Vote on Bill 117: Mr. Kaneali`i-Kleinfelder moved to pass Bill 117, Draft 2,
Draft 2 on second and final reading. Seconded by Ms. Villegas
(Adopted) and carried by the following roll call 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.
Bill 118: 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 Transfer from General Fund account($410,000), and
appropriates same to the following accounts: Landfills Salaries and Wages
($200,000) and Landfills Other Current Expenses ($210,000).
Reference: Comm. 605
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: February 9, 2022
Vote on Bill 118: Mr. Kaneali`i-Kleinfelder moved to pass Bill 118 on
(Adopted) second and final reading. Seconded by Mr. Richards and
carried by the following roll call 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.
Page 69
Hawaii County Council-33 February 23,2022
Bill 119: AMENDS ORDINANCE NO. 21-39, AS AMENDED, RELATING TO PUBLIC
IMPROVEMENTS AND FINANCING THEREOF FOR THE FISCAL YEAR
JULY 1, 2021 TO JUNE 30, 2022
Adds the Police East Hawaii Animal Control Facilities and Renovations project
for $2 million to the Capital Budget. Funds for this project shall be provided from
General Obligation Bonds, Capital Projects Fund–Fund Balance and/or Other
Sources.
Reference: Comm. 606
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: February 9, 2022
Note: Requires 2/3 vote of the entire
membership to amend,pursuant to
Section 10-6(e), Hawai`i County Charter
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 119 on
second and final reading. Seconded by Mr. Richards.
CHR. DAVID: Any discussion, Mr. Kaneali`i-Kleinfelder?
MR. KANEALI`I-KLEINFELDER: No thank you, Chair.
CHR. DAVID: Thank you. Anyone else? Ms. Lee Loy, go ahead.
MS. LEE LOY: Thank you, Chair. Hilo, I'm wondering if Ms. Sako is still in the
chambers.
MS. KIERKIEWICZ: She is here.
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council.)
MS. LEE LOY: Hey, Deanna, at our last meeting, I asked if this was something
we could possibly use fair share funds for. Again, completely supporting this as a
vehicle moving forward. But I was just wondering if any more thought was given
around using fair share money that's allocated to Police to help with funding this.
MS. SAKO: Yeah, I apologize. I forgot to double-check with Planning if that
was going to be an allowable use, and what funding might be available. But I will
still follow up with them to make sure that's a possible funding source.
MS. LEE LOY: Great. Yeah,just wanting to be creative at all times. Thank you,
Chair, I yield.
CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else? Seeing none, all those
in—Mr. Clerk, go ahead.
Page 70
Hawaii County Council-33 February 23,2022
Vote on Bill 119: The motion to pass Bill 119 on second and final reading
(Adopted) was carried by the following roll call 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. Mr. Richards,please.
Return to Bill 117 MR. RICHARDS: Yeah, thank you, Chair. Chair, I'd like to move that we waive
Draft 2): the five-day holdover for Bill 117, Draft 2.
Vote on Motion to Mr. Richards moved to suspend Council Rule 15 to waive
Suspend Council the 5-day hold for reconsideration. Seconded by
Rules: Ms. Lee Loy and carried by the following roll call 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.
Return to MR. CHUNG: Could I also ask to waive the five-day hold for
Res. 325-22: Resolution 325-22?
Vote on Motion to Mr. Chung moved to suspend Council Rule 15 to waive the
Suspend Council 5-day hold for reconsideration. Seconded by Mr. Richards
Rules: and carried by the following roll call 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.
Page 71
Hawaii County Council-33 February 23,2022
CHR. DAVID: Thank you. I believe that brings us to the end of our bills for
second reading, and we now have "Referrals for Executive Session."
REFERRALS FOR The Chair directed the Council to proceed to the next order of business, Referrals
EXECUTIVE for Executive Session.
SESSION:
Comm. 612: IAN SEELY V. HAWAII POLICE DEPARTMENT; CIVIL NO. 17-1-414
From Deputy Corporation Counsel Steven K. Idemoto, dated January 28, 2022,
requesting an attorney-client confidential discussion to consult with the Council
regarding the above-entitled matter, including a claim submitted by
Joseph Rosenbaum on behalf of his client Ian Seely.
Motion to Enter Ms. Lee Loy moved to enter into Executive Session in
into Executive order to hold attorney-client privilege discussion regarding
Session: Communication 612, as authorized by Section 92-5(a)(4) of
the Hawaii Revised Statutes. Seconded by Mr. Inaba.
CHR. DAVID: Discussion on the Executive Session or we vote on the motion
first?
MR. HENRICKS: Ms. Lee Loy went directly into a motion to enter into
Executive Session, as I understood her motion.
CHR. DAVID: I see. So we're voting on the
MR. HENRICKS: If that's the motion you understand to have been yeah.
CHR. DAVID: Yes. Okay. Thank you. Discussion?
MS. LEE LOY: Yeah, discussion on the motion. I'm fine with the background
material. However, if other members of the Council need to go into Executive
Session to have their questions asked, I'm more than happy to help them get there.
CHR. DAVID: Thank you, Ms. Lee Loy. And I'm alsoI'd like to hear from
other Council Members, but I did read the—and I'm fine with moving forward.
But I'd like to hear from the rest of my colleagues.
MR. CHUNG: Did you just say you're okay with moving forward without going
into Executive Session?
CHR. DAVID: Yes.
MR. CHUNG: Okay. I feel the same way too. I think we allI mean, well, I've
read the
Page 72
Hawaii County Council-33 February 23,2022
CHR. DAVID: I think we've read it, yeah.
MR. CHUNG: Confidential transmittal from Corp. Counsel. It's really clear and
it actually seems like a good deal for us that Mr. Idemoto worked out. I don't
have any questions that need to be asked in Executive Session, and I'm going to
be supporting the recommendation. But if somebody has something to ask in
Executive Session, then I think we certainly should go.
CHR. DAVID: Yes. I think if someone does have it, then we will go. But,
Ms. Kimball, go ahead.
MS. KIMBALL: Yeah, I actually concur. I think the background material is
sufficient. I, personally, don't have the need to go into Executive for further
discussion. Mahalo.
CHR. DAVID: Thank you. Anyone else in Hilo?
MS. KIERKIEWICZ: Chair David, I don't see a need to go into Executive
Session. It's very straightforward, and happy to just vote on the recommendation
provided by Corp. Counsel. Thank you.
CHR. DAVID: Thank you very much.
MS. VILLEGAS: Maile?
CHR. DAVID: Yes, go ahead, Ms. Villegas.
MS. VILLEGAS: I concur.
CHR. DAVID: All right. I believe everyone's in concurrence at this point. So,
the
Withdraw Motion MS. LEE LOY: I withdraw the motion.
to Enter into
Executive Session: CHR. DAVID: I'm sorry?
MS. LEE LOY: I'll withdraw the motion to enter into Executive Session.
CHR. DAVID: Okay. Thank you, Ms. Lee Loy. The motion to yes?
Page 73
Hawaii County Council-33 February 23,2022
Vote on Motion to Ms. Lee Loy moved to concur with the recommendation of
Concur: Corporation Counsel regarding Comm. 612. Seconded by
(Approved) Mr. Inaba and carried by the following roll call 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.
OTHER The Chair directed the Council to proceed to the next order of business, Other
BUSINESS: Business.
(There were none.)
ANNOUNCE- The Chair directed the Council to proceed to the next order of business,
MENTS: Announcements.
CHR. DAVID: Before I adjourn this Council meeting, I just want to say Hau`oli
La Hanau to Council Member Richards who is now officially in the junior kupuna
class. Thank you. Happy Birthday.
ADJOURN- There being no further business, at 12:26 p.m., Mr. Inaba moved to adjourn the
MENT: meeting. 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.
Page 74
!-#a\\ai'i County Council-33 Februal'\ 23. 2022
CHR. DAVID: All right. ve are adjourned. Thank }on so much. even-one.
MAR 2 3 2022
Council Approval:
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