HomeMy WebLinkAboutMIN COUNCIL 2022-05-04 2020-2022 Hawaii County Council
381h Session
West Hawaii Civic Center
74-5044 Ane Keohokalole Highway, Building A
Kailua-Kona, Hawaii
May 4, 2022
INVOCATION: Father Jarek Skrzypek of St. Michael's Catholic Church gave the morning's
invocation.
CALL TO The regular meeting of the Hawaii County Council was called to order at
ORDER: 9:02 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 Kaneali`i-Kleinfelder, Member (via videoconference from Hilo)
Ms. Heather L. Kimball, Member
Ms. Susan L. K. Lee Loy, Member (via videoconference from Hilo)
Mr. Herbert M. "Tim" Richards, III, Member(came in later)
Ms. Rebecca Villegas, Member
Absent& Excused: Ms. Ashley L. Kierkiewicz, 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 (Note: At this time, Ms. Lee Loy presented a Certificate of Merit to Ms. Whitney
EXPRESSIONS OF Aragaki for being named the 2022 Hawaii State Teacher of the Year and selected
CONDOLENCE: as a 2022 National Teacher of the Year Finalist in observance of Teacher
Appreciation Week.)
Recess: At 9:14 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 9:15 a.m.
Hawaii County Council-38 May 4,2022
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:
Carolyn Pellet: Res. 363-22 (Comm. 708), in support;
Res. 389-22 (Comm. 759), comment; and
Bill 166 (Comm. 763), in opposition.
Dean Fukuchi: Res. 363-22 (Comm. 708), in support.
Les Estrella: Res. 379-22 (Comm. 740); and
(representing Going Home Hawaii) Res. 393-22 (Comm. 764), in support.
Gareth Sakakida: Res. 363-22 (Comm. 708), in support.
Keoni De La Cruz: Res. 390-22 (Comm. 760), in opposition.
Kristen Alice: Bill 152 (Comm. 721); and
(representing HOPE Services) Bill 153 (Comm. 722), in support.
Patrick Hurney: Bill 152 (Comm. 721); and
(representing Habitat for Bill 153 (Comm. 722), in support.
Humanity-Hawaii Island)
Paul Normann: Bill 152 (Comm. 721); and
(representing Neighborhood Bill 153 (Comm. 722), in support.
Place of Puna and Community
Alliance Partners)
MR. ARACELEY: Recognizing that there does not seem to be any other
testifiers in our remote sites, Chair, those are all the testifiers you have for your
meeting today.
CHR. DAVID: Thank you very much, Relley, for that, and I also want to say
mahalo to all the testifiers this morning. And I will be closing public testimony at
this time. Right now, Mr. Clerk, can we move to "Reports,"please?
Change Order As directed by the Chair and with no objection from the Council Members, the
of Business: following items were taken out of order:
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Hawaii County Council-38 May 4,2022
FC-138 NOMINATION OF CAYLA CRIVELLO TO THE PUBLIC ACCESS, OPEN
(Comm. 720): SPACE, AND NATURAL RESOURCES PRESERVATION COMMISSION
Requires Council
Confirmation by: May 11, 2022 (Section 2-215(k),
Hawaii County Code)
Motion to Approve: Ms. Kimball moved to adopt Finance Committee Report
No. 138. Seconded by Mr. Inaba.
CHR. DAVID: Any discussion, Council Members? And I believe some of our
nominees are on Zoom, if anyone has any questions. Seeing no other discussion,
all those in favor please say "aye."
Vote on FC-138: The motion to adopt Finance Committee Report No.138
(Adopted) was carried by the following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—7.
Noes: None.
Absent: Council Members Chung and Kierkiewicz—2.
Excused: None.
PC-56 NOMINATION OF LEINA`ALA ENOS TO THE KA`U COMMUNITY
(Comm. 712): DEVELOPMENT PLAN ACTION COMMITTEE
Requires Council
Confirmation by: May 11, 2022 (Section 13-4(k),
Hawaii County Charter)
Vote on PC-56: Ms. Kimball moved to adopt Planning Committee Report
(Adopted) No. 56. Seconded by Ms. Villegas and carried by the
following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—7.
Noes: None.
Absent: Council Members Chung and Kierkiewicz—2.
Excused: None.
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Hawaii County Council-38 May 4,2022
PC-57 NOMINATION OF BABETTE MORROW TO THE KA`U COMMUNITY
(Comm. 713): DEVELOPMENT PLAN ACTION COMMITTEE
Requires Council
Confirmation by: May 11, 2022 (Section 13-4(k),
Hawaii County Charter)
Vote on PC-57: Ms. Kimball moved to adopt Planning Committee Report
(Adopted) No. 57. Seconded by Mr. Inaba and carried by the
following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—7.
Noes: None.
Absent: Council Members Chung and Kierkiewicz—2.
Excused: None.
PC-58 NOMINATION OF CATHERINE WILLIAMS TO THE KA`U COMMUNITY
(Comm. 714): DEVELOPMENT PLAN ACTION COMMITTEE
Requires Council
Confirmation by: May 11, 2022 (Section 13-4(k),
Hawaii County Charter)
Vote on PC-58: Ms. Kimball moved to adopt Planning Committee Report
(Adopted) No. 58. Seconded by Ms. Villegas and carried by the
following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—7.
Noes: None.
Absent: Council Members Chung and Kierkiewicz—2.
Excused: None.
PC-59 NOMINATION OF KA`OHINANI MOKUHALI`I TO THE KA`U
(Comm. 715): COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE
Requires Council
Confirmation by: May 11, 2022 (Section 13-4(k),
Hawaii County Charter)
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Hawaii County Council-38 May 4,2022
Vote on PC-59: Ms. Kimball moved to adopt Planning Committee Report
(Adopted) No. 59. Seconded by Ms. Villegas and carried by the
following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—7.
Noes: None.
Absent: Council Members Chung and Kierkiewicz—2.
Excused: None.
PC-60 NOMINATION OF PERNELL HANOA TO THE KA`C COMMUNITY
(Comm. 716): DEVELOPMENT PLAN ACTION COMMITTEE
Requires Council
Confirmation by: May 11, 2022 (Section 13-4(k),
Hawaii County Charter)
Vote on PC-60: Ms. Kimball moved to adopt Planning Committee Report
(Adopted) No. 60. Seconded by Ms. Villegas and carried by the
following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—7.
Noes: None.
Absent: Council Members Chung and Kierkiewicz—2.
Excused: None.
PC-61 NOMINATION OF JASON MASTERS TO THE KA`C COMMUNITY
(Comm. 717): DEVELOPMENT PLAN ACTION COMMITTEE
Requires Council
Confirmation by: May 11, 2022 (Section 13-4(k),
Hawaii County Charter)
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Hawaii County Council-38 May 4,2022
Vote on PC-61: Ms. Kimball moved to adopt Planning Committee Report
(Adopted) No. 61. Seconded by Ms. Villegas and carried by the
following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—7.
Noes: None.
Absent: Council Members Chung and Kierkiewicz—2.
Excused: None.
PC-62 NOMINATION OF KAWENI IBARRA TO THE KA`C COMMUNITY
(Comm. 718): DEVELOPMENT PLAN ACTION COMMITTEE
Requires Council
Confirmation by: May 11, 2022 (Section 13-4(k),
Hawaii County Charter)
Vote on PC-62: Ms. Kimball moved to adopt Planning Committee Report
(Adopted) No. 62. Seconded by Ms. Villegas and carried by the
following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—7.
Noes: None.
Absent: Council Members Chung and Kierkiewicz—2.
Excused: None.
PC-63 NOMINATION OF JESSIE KE TO THE KA`C COMMUNITY
(Comm. 719): DEVELOPMENT PLAN ACTION COMMITTEE
Requires Council
Confirmation by: May 11, 2022 (Section 13-4(k),
Hawaii County Charter)
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Hawaii County Council-38 May 4,2022
Vote on PC-63: Ms. Kimball moved to adopt Planning Committee Report
(Adopted) No. 63. Seconded by Ms. Villegas and carried by the
following voice vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—7.
Noes: None.
Absent: Council Members Chung and Kierkiewicz—2.
Excused: None.
CHR. DAVID: Thank you. And thank you, our nominees, for being available on
Zoom today. Mr. Clerk, can we go 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. 363-22: AUTHORIZES A DECREASE IN THE COUNTY OF HAWAII FUEL TAX
Reduces the County of Hawaii fuel tax for diesel on-highway and gasoline on-
highway fuels from 23 cents per gallon to 13 cents per gallon.
Reference: Comm. 708
Intr. by: Mr. Kaneali`i-Kleinfelder
Negative: FC-133 (Due to a vote of 3-ayes, 5-noes,
1-absent)
Public Hearing: April 19, 2022
Postponed: April 20, 2022
(Note: There is a motion by Mr. Kaneali`i-Kleinfelder, seconded by Mr. Inaba, to
adopt Res. 363-22.)
; and
Comm. 708.5: From Council Member Susan L. K. Lee Loy, dated April 26, 2022, transmitting
informational material relating to Res. 363-22.
CHR. DAVID: Mr. Kaneali`i-Kleinfelder, go ahead.
MR. KANEALII-KLEINFELDER: Mahalo, Chair David. Please excuse my
absence yesterday. I was not feeling good. Motion to
CHR. DAVID: Good to see you today.
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Hawaii County Council-38 May 4,2022
MR. KANEALI`I-KLEINFELDER: Thank you.
CHR. DAVID: There's already a motion on the floor.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Okay. I really want to
appreciate the testimony today from the Hawaii Transportation Association. And
it really highlights the need across multiple economic sectors to really review this
measure as a relief for not only our residents, but for the folks who work so hard
to get all of our supplies to our residents. And I just wanted to put a mahalo out to
Gareth for his testimony this morning. Before we proceed, I really want to keep
this simple for both the public and the Council. Ms. Sako, if you could come
forward,please.
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council.)
MS. SAKO: Good morning.
MR. KANEALI`I-KLEINFELDER: Good morning, Ms. Sako. How are you
doing?
MS. SAKO: Good. How about you?
MR. KANEALI`I-KLEINFELDER: I've felt better. Let's just say that. I want to
circle back to the first discussion we had on this measure. And I believe what you
stated was at this time, this would be acceptable to decrease the fuel tax by
10 cents, given our current situation, given the fund balance, given the number of
different items that we discussed, that this decrease would be acceptable at this
time, and that we could.
MS. SAKO: Can I just confirm that the resolution continues to have no sunset
date before I answer you?
MR. KANEALI`I-KLEINFELDER: You are correct. And I did want to mention,
and given the discussion from the Council Members and from yourself all
wanting a sunset date, that I do have an amendment today that would effectively
sunset this measure on March of 2023.
MS. SAKO: So, I mean, if you look at a period in time, yes, there's fund balance
right now. They did have to use part of it to go and get the equipment that came
in over cost last year. So, it's right around $20 million that I think is available
from last year. The current fiscal year is still in progress. But we continue to get
information from the Feds, letting us know of projects they're willing to add to
the STIP (Statewide Transportation Improvement Program)that we're going to
need a match for. So, that fund balance could be used for that.
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Hawaii County Council-38 May 4,2022
And I don't think you got to hear the conversation yesterday about the Federal
grants and our ability to maintain those if we reduce the tax rate. So, there was a
discussion related to real property tax rates, and we have to be able to show the
increase in the economic impact. So, it's one thing, for example, if we were to
reduce real property tax rates and the values are going up, we can still show
increased revenue.
In this particular case, I don't believe the consumption has increased enough that
we would still show increased revenue next year. So, that would be a concern,
that we would have to ensure that in no way is the Highway Fund going to benefit
from the Federal tax dollars or the ARPA (American Rescue Plan Act) funding.
And I would also have to double check if we can do it fund by fund, or if it would
just be countywide. But we do have to be cognizant of that because that would
impact our $80 million in CARES (Coronavirus Aid, Relief, and Economic
Security) Act and our $60 million in ARPA funding.
MR. KANEALI`I-KLEINFELDER: Okay. I just want to circle back, though.
So, at the very beginning of this discussion, we went back and forth. But it was,
at that point, something that we could do. Given things have changed a little bit,
we also reappropriated excess fund balance from 2016 to present within some
bills that were heard at Committees yesterday. Correct?
MS. SAKO: That wasn't fund balance. That was a lapsed appropriation that was
in the Capital Project Fund. So, that really just got reappropriated so they can
continue to do the work they were working on.
MR. KANEALI`I-KLEINFELDER: All right, so, lapsed funds.
MS. SAKO: In the Capital Project Fund. Yes.
MR. KANEALI`I-KLEINFELDER: And those were based on fuel tax?
MS. SAKO: Fuel tax that had been transferred to the Capital Project Fund.
MR. KANEALI`I-KLEINFELDER: Okay. I'm seeing recurring appropriations
year over year, and I think it really points to our—I guess,just as a County, we
have a limited ability to improve infrastructure. That's become more apparent the
more I've looked into it. And I've gone back to some of our previous ordinances,
and I've seen that we've reappropriated fuel taxI mean going back as far as
2000, and maybe beyond.
It shows me that if we're not spending down those funds, and we have a great
highway department, it may not be anyone's fault, it's just that we can't actually
use those funds at all times. And this is one of those times where we actually are
seeing excess funds again to the tune of more than $20 million at our disposal.
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Hawaii County Council-38 May 4,2022
And there just comes a point in my head where we've got to look at that and say,
"Look, for what it is, we have excess funding. If we can't spend down the funds,
can we provide relief to the residents of Hawaii County?"
MS. SAKO: So, yes, we have excess funds. Yes, we have choices on how we
spend those funds. And I still have concerns about the impact on our Federal
funding.
MR. KANEALI`I-KLEINFELDER: Okay. So again, keeping it simple,
March 2023, if that was the sunset date for this resolution, our projected loss
would not be $7.5 million because we looked at that for a whole a year of data,
based on—what was that from, that$7.5 million? I want it clarified.
MS. SAKO: Based on year-to-date revenues in the current fiscal year.
MR. KANEALI`I-KLEINFELDER: Okay.
MS. SAKO: So, it would depend on consumption versus consumption next year
as well.
MR. KANEALI`I-KLEINFELDER: Okay. And then, did you get a chance to
look at our projected revenues that we have for this current fiscal year that we
discussed at the last meeting, to see if there was surplus over what we expected to
take in?
MS. SAKO: There was a slight surplus, but not as much as in previous years
because we did increase the budgeted portion slightly.
MR. KANEALI`I-KLEINFELDER: Okay. So, we did see a surplus over what
we expected to take in this current actual year that we're in. Correct?
MS. SAKO: Yeah, I didn't bring that with me. Sorry.
MR. KANEALI`I-KLEINFELDER: Okay. Well, I think it's important just to
know, because we project our just like we budget our expenses, we budget our
revenues and we look at both of those we actually see that despite COVID and
everything that's going on, supply-chain disruption, we've actually seen more
spending from our residents than we expected. And that's at State and County
levels. I think it's incredibly important to note that we didn't expect that as a
government, and it's putting us at more surplus than expected. Correct? Is that a
valid statement?
MS. SAKO: So, when you say "surplus,"we look at both revenues and expenses,
and I did not bring that with me. So, I don't want to say that for sure until I have
a chance to look at it. But the revenue did come in over, yes.
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Hawaii County Council-38 May 4,2022
MR. KANEALI`I-KLEINFELDER: Okay. From my research, that's what I'm
showing. And then I had some great people on my team who helped me kind of
just understand where we sit. So, from my position right now, I'm comfortable in
doing this. I will be making the motion toactually, Chair, I would like to make
a motion at this time
CHR. DAVID: Go ahead.
MR. KANEALI`I-KLEINFELDER: To amend Resolution 363-22—
CHR. DAVID: Hang on. Hang on, Mr. Kaneali`i-Kleinfelder. Mr. Clerk.
MR. HENRICKS: Mr. Kaneali`i-Kleinfelder, I don't think this membership here
has access to that document. So, if you don't mind, we'd like to ask staff to make
copies for everybody prior to your motion.
MR. KANEALI`I-KLEINFELDER: Okay. That's fair. Thank you.
CHR. DAVID: Mr. Clerk, do we do a recess? Thank you. Yeah, I think we can't
discuss anything till we have it in front of us. I'm going to take a short recess,
five minutes. Thank you.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair.
Recess: At 9:52 a.m., the Chair called for a recess.
Reconvene: The meeting reconvened at 9:58 a.m.
CHR. DAVID: Mr. Kaneali`i-Kleinfelder, go ahead.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair David. Appreciate it.
CHR. DAVID: We now have copies of your proposed amendment.
MR. KANEALI`I-KLEINFELDER: Okay.
Motion to Amend: Mr. Kaneali`i-Kleinfelder moved to amend Res. 363-22
with the contents of Comm. 708.4. Seconded by
Ms. Villegas.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Mahalo, Chair David. What you see in front
of you, Council Members, if a measure that would effectively sunset the fuel tax
decrease on March 1st of 2023. That would lead, given the process, you know, us
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Hawaii County Council-38 May 4,2022
reverting back to the normal rate somewhere in the range of March to April lst
and in time for our next budget discussion as well, which I think would suit the
County and the residents, both, well. And it's a nice balance between the two.
This was after much discussion by the Council, and I do appreciate the
conversation from the Council Members. And really trying to find a good balance
between ensuring our roads are taken care of and that our residents are taken care
of. So, the motion is on the floor, Chair.
CHR. DAVID: Thank you. All right, are you yielding at this point?
MR. KANEALI`I-KLEINFELDER: I yield at this point. I'm open to the
conversation from the Council Members.
CHR. DAVID: Thank you very much. Council Members, comments, please, on
the amendment. Seeing noneoh, wait, hang on a second. Mr. Chung, go ahead.
MR. CHUNG: Yeah, I just want to ask our County Clerk: If this amendment
passes, would another public hearing be required? And the reason why I ask that,
see, if they were just I mean, the State law, I just checked with him just to make
sure, requires that public hearings be held on changes, right, to the fuel tax rate.
And we already had a public hearing. I don't want to go through another public
hearing. But this specifically states that it will change, which is what's provided
in the original bill, then change back in March. I'm wondering if that is a trigger
because it is a change.
MR. HENRICKS: I had a brief discussion with our Corporation Counsel about
this. And at the time, if I recall correctly, Judge Strance didn't believe another
hearing would be required. But I understand what you're saying is that because it
changes and then there is a specific date in which it goes back to what is currently
enforced, you know
MR. CHUNG: I'm just asking, and I'll follow (inaudible).
MR. HENRICKS: I don't want to speak for Judge Strance, but that was the
recollection. But I think she would be best to make a statement on that, and
whether or not this amendment, in its specific form, would trigger another public
hearing for this resolution to be adopted prior to this resolution being adopted.
MR. CHUNG: So, what's the answer?
MR. HENRICKS: I'm not sure if she had
MR. CHUNG: Do you want to tackle that one, Judge Strance? Whatever you
guys say is fine with me. But I just wanted to make sure that we're dotting our
"I's," crossing our"T's,"because, we are doing something, by voting on this
amendment, that is allowed by the State law through enabling legislation. So,
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Hawaii County Council-38 May 4,2022
there are certain requirements. And if it was just an effective date or that kind of
stuff, that's one thing. But State law specifically says when you're changing
rates, you have to have a public hearing. We had one public hearing on a certain
change. Now, we're specifically, based on my reading of this, referencing it
coming back to the same rate, which to me looks like another change. By
operation of law it's going to be a change, but there would be no chance to have
another public hearing on that later on.
(Note: At this time, Corporation Counsel Elizabeth Strance came forward
to address the members of the Council.)
MS. STRANCE: Thank you. Good morning. Elizabeth Strance, Corporation
Counsel. As I read the State statute regarding fuel tax, it requires that there be a
public hearing on a proposal. It doesn't require that there continue to be
back-and-forth hearings on proposals. It's designed to get as broad public input
as possible and prior to the delivery of the process. So, I could imagine a
situation, you know, if you take your concern to its absurd, there could be minor
amendments and then it would almost subvert the delivery of process of this body.
So, you have heard from the public. The amendment doesn't really change tax
rates that have not been presented to the community, right. So, there was a
non-sunset and that now gets sunset. So the amendment attempts to balance
concerns that were raised. So, when you've had prior legislation where you have
step-ups in rates, at each date, you don't go back out for a hearing. I hear what
you're saying that this sunset wasn't before the public, but I think it would be an
absurd interpretation of the statute to require that level of back and forth in public
hearings. You've had the public hearing required by the statute. You've
continued to allow public input through the normal legislative process. And this
is a proposal that has arisen from that entire process that both the State statute
requires and the County rules and ordinance, Charter, and your rules require.
MR. CHUNG: So, no need. Correct?
MS. STRANCE: Yes.
MR. CHUNG: Okay. And that's terrific. I mean,that's a sensible you gave a
sensible, pragmatic explanation. And really, the reason why I ask that is it's not
really for this measure, but it's going forward. There may be a time that
something like that may come up, and I think your explanation, really, it was
terrific. And as I said, I don't want to go through another public hearing. So,
thank you.
CHR. DAVID: Thank you, Mr. Chung, and thank you, Judge Strance, for that
explanation. Anyone else have any comments on the proposed amendment?
Ms. Lee Loy, hang on a second. Go ahead, Mr. Clerk.
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Hawaii County Council-38 May 4,2022
MR. HENRICKS: I'm stepping a little bit outside of a procedural thing. But just
reading the amendment, it's clear that it says on March 1, 2023, the fuel tax shall
revert back to 23 cents. I just was wondering,just for full disclosure, everybody's
information, how this is going to work, if Ms. Sako might weigh in.
The law provides that, assuming this resolution is adopted, it would be our
responsibility to notify the State Department of Taxation. And then, it would go
into effect, according to the law, on the first day of the second month following
the date that the resolution's adopted. There isn't anything in the law about what
would happen if there's a sunset date. So, I'm not sure if Ms. Sako has any
comments about what the County's responsibility would be to notify.
Is this enough for the State Department of Taxation to use to not only clearly be
able to implement it, because the law is clear and the resolution is clear, but
would the County need to do anything further to ensure that the sunset date is
observed by the State? And also, its expectation that on the date of March 1,
23 cents would go back into effect. But would there also be some lag time that is
written into (Hawai`i Revised Statutes) 243-5? And I just think it would be good
to, if we could, if it's possible at this point in time,to clarify that so that
everybody is on the same page when it comes to this amendment.
CHR. DAVID: Thank you for that elaborate question because mine was going to
be real simple. Procedurally, a question for Ms. Sako. Based on what
Clerk Henricks said, procedurally, there is a sunset. How much time would we
have to process and then revert it back in effect. It's a year but how much
processing time are we looking at? And then answer Jon's question.
MS. SAKO: So, my understanding is, let's say the resolution passes today and
it's signed today, we would send that to the State Department of Taxation. And it
would go into effect July 1st because we're now in the month of May, right. So, it
would go into effect July 1st. And then,just to ensure that they don't forget about
the sunset date, our office would probably send it to them again in December just
to ensure they had adequate notice and didn't forget about it. But they've been
really good about working with us in the past. So, I think this is all they would
need.
CHR. DAVID: Thank you very much. That really seals the questions, I think, in
our minds, unless some other Council Members have questions. Ms. Lee Loy, did
you want to say something?
MS. LEE LOY: Thank you, Chair. Actually, that was my question I think, you
now, how does this function. And I also wanted to hear from Ms. Sako what the
impacts would be. Because this is turning more into a tax holiday. I think there
were early conversations about a tax holiday when it came to fuel tax. And,
Ms. Sako, now that we have different guardrails, how does this one impact that
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Hawaii County Council-38 May 4,2022
particular collection? And then, two, are other things at risk, like our matches
with the Federal or STIP (State Transportation Improvement Program)projects?
MS. SAKO: So, I do believe Director Rodenhurst is in Kona chambers today.
But I did want to clarify that we are aware that the State has been very generous
lately with some STIP projects and asking us to get moving on those. So, we do
believe we're going to get additional funding. And I'm not a hundred percent
sure—Director Rodenhurst would be better able to say but I believe that's just
outside even of the infrastructure bill. So, that's just additional STIP funding that
would be coming our way. So, we do want to ensure that we have the match
available should that happen.
And the sunset date definitely helps with that because now we know it's just one
year. If we don't have a sunset date and we're talking we don't know how much
longer in the future, then that would put those funds at risk. But still, we have "x"
amount of fund balance that we can spend, of roughly $20 million, either for this
purpose or for matches, or when it's gone it's gone.
MS. LEE LOY: And then, Ms. Sako, are we still hovering around that same
amount, that$7 million?
MS. SAKO: I think it's going to be less because now the reduction would be for
roughly eight months, and I believe the 7.5 million was based on twelve calendar
months.
MS. LEE LOY: So, your best swing at it.
MS. SAKO: So, two-thirds. So, closer to 6 million or 5.5 million.
MS. LEE LOY: Okay, thank you. Thank you, Chair.
CHR. DAVID: Thank you, Ms. Lee Loy. I'm going to have
Director Rodenhurst. He's here. He came to the table. And I'll have him weigh
in, if you don't mind.
MS. LEE LOY: I don't mind, Chair. Thank you.
CHR. DAVID: All right. Thank you. Go ahead, Director.
(Note: At this time, Public Works Director Ikaika Rodenhurst came
forward to address the members of the Council.)
MR. RODENHURST: Aloha, Council and Madam Chair. Mahalo.
Ikaika Rodenhurst, Director of Public Works. So, we've been in discussions with
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Hawaii County Council-38 May 4,2022
DOT (Department of Transportation) regarding the STIP program and what we're
looking at with Federal funds coming this year. As we all know, there's a lot of
Federal funds being advertised as coming down to the states and counties.
For at least our STIP list, we do have four projects that we are submitting to DOT
for their consideration for this current year. One is Mamalahoa Highway
Resurfacing, from Kamalani Street to Kalamauka Road. The second one is
Kilauea/Keawe Rehab (Rehabilitation), for pavement. And the third is Hina Lani
Road. And the fourth is Waikoloa Road. The last two are quite large projects as
we discussed previously, but we are working with the State to see if we can have
all four possibly be used. We are in constant communication with them. The
estimated County match for those, in total for all four, is upwards of about
$12 million. And that's our current estimates off of all those projects for STIP.
CHR. DAVID: Thank you very much, Director. Anyone else have questions for
Director Rodenhurst before we—go ahead, Ms. Villegas.
MS. VILLEGAS: Great. Thank you, Mr. Rodenhurst, for being here and for
outlining those specific projects. I know that Hina Lani hits close to home. It's
just right around the corner, actually, from the Civic Center and is broadly used.
Let's sayI just want to break this down for my mind—we have $20 million in
this fund right now. The potential is that it would reduce this fund by $6 million
going into the next year. Correct? We won't get that$6 million.
MS. SAKO: Somewhere between five and six, depending on how much gas is
purchased.
MS. VILLEGAS: Okay, great. But based on the four projects that you just spoke
about; you estimate that the cost for our portion and contribution to those four
projects would be $11 million.
MR. RODENHURST: At least$12 million.
MS. VILLEGAS: Twelve million?
MR. RODENHURST: Correct.
MS. VILLEGAS: Okay, great. So, that's going to still leave us with $8 million
still in the account, but we wouldn't get$6 million through the next year. Is that
how that goes?
MS. SAKO: Yeah. So, we would be down to $2 million. Based on what fund
balance is as of right now, we won't have the revised fund balance till after we
close the books this summer.
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Hawaii County Council-38 May 4,2022
MS. VILLEGAS: Okay. So, we still end up with $2 million in this fund. And
how long has the $20 million been sitting there?
MS. SAKO: Just the last year or so.
MS. VILLEGAS: Okay. So, we still end up okay, essentially. We don't end up
in the red. We don't over—you know, we still have enough to do these four
proj ects.
MR. RODENHURST: Well, true but it also (inaudible) no emergencies, because
emergency operations through our highways, whether it be traffic or highways.
And that means natural disaster emergencies as well as traffic incidents, damaged
roads, damaged signs, those kinds of things, don't happen as often as they have,
as well as we don't increase the paving that we've historically done, with the
maintenance as well.
MS. VILLEGAS: Okay. So essentially, you don't really like this idea because it
reduces the amount of funds available for your department to do the necessary
work just to put it in layman's terms.
MR. RODENHURST: So, regardless of the outcome of this, we're willing to
adjust our operations to match the budget. That's our obligation.
MS. VILLEGAS: Right.
MR. RODENHURST: As previously discussed many times over, the roads
within the County road system, personally I don't find them satisfactory in
condition. I've been wanting to make improvements to that and increase our
paving capacity on the maintenance side as well as the engineering design side
and be aggressive about getting more projects fixed as we talk about our failing
road and bridge infrastructure. And that takes money. That takes materials. If
we want to make those increases, we're going to need the funds available.
MS. VILLEGAS: Right. And funding for those kinds of projects comes from
this fund, or are those budgeted for separately under DPW (Department of Public
Works)?
MR. RODENHURST: So, a variety of those projects, part of it comes from this
fund. Yes. The fuel tax does go directly into our infrastructure for the roads,
whether it be the maintenance or improvements to roadways and bridges. It
comes from this fund as well as others, but this is a significant source of it. It's
about 44 percent of our Highway Fund that we use. And that also goes towards
HPD (Hawai`i Police Department)traffic enforcement.
MS. VILLEGAS: Okay. Thank you. I appreciate your help with answering
those questions. I yield.
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Hawaii County Council-38 May 4,2022
CHR. DAVID: Thank you, Ms. Villegas. Anyone else? Ms. Kimball, go ahead.
MS. KIMBALL: Thank you. And thank you, Director Sako and
Director Rodenhurst, for being here today to answer our questions. My first
question is just sort of generally the assumption that the surplus is there due to
some failure to act on the part of DPW. I just want to give you the opportunity to
respond to why we currently have what might be termed a surplus. I don't view it
as a surplus. I view it as starting funds for the next year. But I'd like to give you
an opportunity to explain why we have that balance in the budget.
MR. RODENHURST: Yeah, so, part of that, they asked to simplify and give a
general summary of it. During 2020, we did see COVID impact us in many of
our operations. And one of the big operations was our paving and our
maintenance paving. We weren't able to complete paving during that year, and it
impacted our ability to spend that money. Just because the money wasn't spent
doesn't mean the needs were met at the County, as we all know. I get phone calls.
I get emails from various districts and various members of the community: "Hey,
this road, there's a pothole here. Hey, there's issues here." And we're aware of
it, and we're working towards fixing that, whether it be through engineering
projects to fix long deteriorating road, such as Waikoloa, or our Highway
Maintenance crews to fix roads that have been identified as provided to the
Council, the 250 poor-condition roads, as well as the fair-condition roads.
So, to summarize again, it really is the fact that we had reduced operations during
COVID times and weren't able to capitalize on those funds. Now that this is
available and that we're moving through and coming out of this pandemic
operationally, we're looking to increase and meet those needs and see what we
can within the department to improve our efficiency and improve our production
and make sure that we address those needs. Because those needs, every day that
we don't address them, it just gets worse and degraded more.
MS. KIMBALL: Thank you, Director Rodenhurst. And so, if we're saying this is
about$5.5 million that would not be in the department's budget, I recall that you
said it was about$500,000 per mile to pave.
MR. RODENHURST: It's about an average of
MS. KIMBALL: That's 11 miles that we wouldn't I mean, if we're just looking
at the paving thing that we wouldn't be able to do. Is there the capacity with the
fundingI know that you budget for 25 miles of paving per year. But would you
be able to do more? Is money the only limitation? Or given sufficient funds, you
could actually pave more than the 25?
MR. RODENHURST: So, part of it is improving our efficiencies, and I've
brought it up multiple times at Council. We have four limiting factors: labor,
equipment, material, availability, and weather. Weather, we can't control. I
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Hawaii County Council-38 May 4,2022
know in Hilo this week is not a good week for paving. But we do our best to
schedule around weather and try to anticipate these conditions and see if we can
pave in places that are available.
The second one that's the most difficult, it's out of our control, is material supply.
We're at the whim of the supply being available and at the cost of which it's
being sold. And then from there, we get to the areas that we can somewhat
address and control: our equipment maintenance; making sure that our equipment
is regularly maintained and regularly taken care of, so it is reliable and available
when needed. We do have two paving machines as well as a road-widener paver,
which paves less widths. It's for smaller areas of paving. And so, making sure
those are available and those are well-taken care of. That's one of our goals and
we're in constant discussions with Highway Maintenance Division as well as
Automotive Division to make sure that maintenance is taken care of.
Some limiting factors on that is if a paver goes down, that parts are unavailable.
They're not readily available on-island, and so we'll have to wait to get some of
those. That has impacted us in the past, is waiting for certain parts to come in.
For labor, that's the other part we're working with, the availability of our
workforce and if they're showing up to work, if they're out for various reasons,
we have to live with what we have available.
So, we're looking and we're working with Neil Azevedo and his district overseers
at Highway Maintenance Division to see what we can do to ensure we have
available staff, and also working with Finance, with Corp. Counsel, and other
departments to see what kind of creative solutions we can do to expand our
services and possibly supplement our paving with our crews, if there's anything
we can do to help them out.
So, there's possibilities to increase and make our efficiencies better, but it also is
limited by—our goals at Highway Maintenance is to make sure that we ensure the
life and safety of the community and access of our roads. When an emergency
occurs, that takes first priority over paving and everything else. We have to make
sure that we have staff available to handle those. And over the past few years,
we've had quite a few emergencies. And it wouldn't be uncommon to have more
in the future.
They do their best to coordinate that as well as our preventative maintenance and
things of that section. We're working with Highway Maintenance to ensure we
improve on our services there and we're more efficient. So, I think we can see
more improvements coming down the pipeline, and we're taking new initiatives
with them to make this happen.
MS. KIMBALL: Thank you for that detailed response. I am going to ask for,
like, a really simple response,just for clarity for everyone. And the context is I
you've shared with us the number of poor-condition roads per district; almost
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Hawaii County Council-38 May 4,2022
70 miles in District L I did get several emails about this. And I'll just share with
my colleagues the bulk of them were "Keep the tax; pave our roads." There's so
much concern in Hamakua about the bridges, about the conditions of all the roads.
Very few there were some that said to push this tax, but most were like, "Just
pave our roads." And I'm willing to say no to this so that can happen. So, my
question is, if I say no to this and keep the money flowing to you guys, is that
going to be used in the near term to get some of this work done? Yes, or no?
MR. RODENHURST: Yes.
MS. KIMBALL: Thank you. I appreciate that. And I understand that
Waipi`o Valley Road is also going to be, in part, funded from this revenue.
MR. RODENHURST: Yes. The funds for our CIP (Capital Improvement
Projects)projects and projects of engineering within our road right-of-way, which
includes Waipi`o Valley Road, include this. Yes.
MS. KIMBALL: And Laupahoehoe Point Road as well, and the bridge repair
culvert repairs there.
MR. RODENHURST: Yup.
MS. KIMBALL: Okay. Thank you. I just have some very unsafe areas of my
district, miles and miles of roads that need to be paved, bridges galore. I mean,
I've said it before many times. I can't support it, I'm sorry, even with the sunset.
Thank you. I yield, Chair.
CHR. DAVID: Thank you, Ms. Kimball. Mr. Richards, go ahead.
MR. RICHARDS: Yeah, thank you, Chair. I guess we're discussing
specifically, we're on the amendment, but this is exploring the ramifications of
the amendment. And so, I want to weigh in on a little bit of some things that
Ms. Kimball touched on. Every time we say "bridge,"we all look at Ms. Kimball
because she has most of the bridges. And I did look. You have 68 miles of roads
that are deemed concerning. And I do appreciate that, Mr. Rodenhurst, of what
you put forth. Approximately 250 miles of County roads that really need
attention. Using your metric of half-a-million dollars a mile, we're looking at
$125 million worth of roadwork we need to get done as soon as possible.
And usinga couple of questions for youhalf-a-million dollars a mile for
resurfacing the Waikoloa Road, which is 11 miles, there's a $50 million price tag
on that. I'm having to guess that, is it some fairly heavy-duty roadbed work? Is
that why that cost is so high?
MR. RODENHURST: So,just to reiterate. The $500,000 per road mile for the
paving/maintenance cost is an average. It's averaged $500,000 per mile. So, it's
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Hawaii County Council-38 May 4,2022
not always going to be one-to-one. And part of that is, like you mentioned, if
there's going to be a deeper cut into the pavement. For that area, yes, there's
going to be a deeper cut into the pavement because of the cracking and the
condition of the road. But also on that is the width of the road. Because the lanes
are little bit wider and the shoulders as well, we're going to be cutting into that.
So, there is somewhat of a greater width. So, the lane-mile cost of it will go up.
And that's why we're working with Highway Maintenance to get a more accurate
lane-mile average out there so we can identify accurately what it's going to be
costing us per lane mile.
MR. RICHARDS: Okay. And I appreciate what you're saying there because I'm
quite familiar with that road. And as Ms. Kimball talked about receiving emails
about her roads, that is a main thoroughfare for this west side. And because of the
lack of the Daniel K. extension, we see a tremendous amount of traffic using that
road. And that road is getting to a point where safety will become a greater
concern on that road. And though I appreciate the intent of what we're trying to
get done here, we have a window of opportunity that captures something for our
County. You said you will spend the funding. Great. Do we contract out if we
can't do it ourselves? If we're talking about a lot of potential Federal or State
funding coming forth, I don't want to lose the window of opportunity. And I
certainly don't want to lose it because we didn't have the County match. Can we
get this done either in-house or contracting out? Is that something you're
pushing?
MR. RODENHURST: So, for our infrastructure CIP projects, we are pushing
hard on acquiring design consultants as well as construction management
consultants. As far as the maintenance side, we are working to determine if we
can get additional support from outside of the County, if we can do some
contracting on that. It hasn't been determined just yet but that's something we're
exploring.
MR. RICHARDS: Okay. Because, I think we have to strike when the iron's hot.
And something Ms. Sako talked about is the reduction of our tax revenues
affecting our ARPA and our CARES funding and converting that from a grant to
a loan. It's $140 million that I don't want to sign on to that.
I appreciate the intent but those are the two things I'm deeply concerned about. I
want to be sure we have the funding. I want to fix the roads. We are hearing we
can get it done, and I don't want to jeopardize that, all this COVID funding. So,
though I support the intent, I cannot support this just because I think we're going
to put the County in jeopardy if we do that. Thank you, Chair. I yield.
CHR. DAVID: Thank you, Mr. Richards. Anyone else before IMs. Villegas,
go ahead.
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Hawaii County Council-38 May 4,2022
MS. VILLEGAS: Sure. I have a quick clarification question. Did you say earlier
that this fund provides for the emergency funds?
MR. RODENHURST: No. So, for emergency operations, right off the bat if it's
an emergency operation, say a landslide occurs, a tree falls down, things outside
of our work hours, that helps with our operating costs with our Highways
Division and our Traffic Division. So, when an emergency occurs. Some of the
minor disasters, we have that money. We are paying our operations to work on
that. And then if it's a FEMA (Federal Emergency Management Agency) disaster
or something like that, we get reimbursed for some of those, but we still have
operational funds that are used for our Highway and Traffic Maintenance
Divisions to cover those costs.
MS. VILLEGAS: Okay. Thank you for clarifying on that. I empathize with the
amount of roads and bridges and things that are in dire need of repair in the
districts. And I understand the challenges you're facing on this. I suppose that I
am a little bit leery to believe that the 250 miles of roads that have been neglected
for decades could somehow then be paved in this one year that we're having a
transition. And we are in a time of dire impact on our community when it comes
to the price of gas and fuel. And the intention of this bill, brought forth by
Mr. Kaneali`i-Kleinfelder, is to ease some of that burden and pain on our
constituents.
So, for me, this is that challenge in that value system, and really excited that
paving can return, and we've had these Federal funds. So, we're kind of
weighing the risk and reward and how much relief versus how much real
regenerative work can be done, our roads, in a year. So, I appreciate your
answers for clarification. I just am a little bit doubtful that we can get that much
paving done in one year. Yeah.
MR. RODENHURST: If I could clarify on that. There's no way we can get
250 miles of paving done in one year. That's more budget than I have in the
operating budget for the entire department; 250 miles in one year, that's
MS. VILLEGAS: That's not even that's like, "If I had a superpower"the
teacher said earlier today. Okay. Thank you for clarifying that and just for
enduring my expression of the challenges in making these decisions. So, mahalo.
I yield.
CHR. DAVID: Thank you, Ms. Villegas. Before I close on the proposed
amendment and speak, anyone else wants to weigh in before I talk?
MS. LEE LOY: I do, Chair.
CHR. DAVID: Okay, go ahead, Ms. Lee Loy.
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Hawaii County Council-38 May 4,2022
MS. LEE LOY: Yeah, thank you. I've just been listening very intently to the
conversation. And I think what I just want to offer into this conversation is part
of the communication that I put with this particular resolution was a history of our
fuel tax. And absolutely 250 miles of poor roads did not happen in one year. But
it was the business decisions from as far back as 1988 that got us to this position.
And like Ms. Kimball, I'm reading testimony and it's either, "Do it," or"Just
keep the tax but go get the work done." And this is that opportunity to start
reducing those miles of poor roads. It's not going to happen overnight, but it's
something that consistently has to happen.
And I like the sunset issue. I'm just not seeing the cost savings. Because we
knew from previous conversations, it might be $2 per fill up. We heard testimony
today from car carriers. I just don't see enacting legislation where other
businesses will pass the savings on to us. A consumer will get possibly $2 for the
eight months, which amounts to $80 bucks.
Yeah, "Keep my tax. Just pave my roads,"which actually speaks to something
that the maker of this resolution is talking about, is the capacity issue. Does the
department have the capacity to get it done? The irony is, over time, 25 miles was
the goal because that was the capacity because we didn't raise fuel tax. But what
I'm hearing today is we have in-house capacity, but we're also looking at capacity
to contract that out. This is the time to provide the matches, work our capacity
issues, and then contract work so that we can start improving our roads. I could
speak to how that actually improves the quality of our cars. There's peer review
that better paved roads create more fuel efficiency in our cars. I mean, we could
go down all kinds of reasonings.
I like the sunset. It's just not going to have the impact I think we're trying to
provide. And so with that, I'm not going to be supporting this. I'll be supporting
the amendment, but I will not be supporting the resolution. Thank you. I yield.
CHR. DAVID: Thank you, Ms. Lee Loy. Seeing no other discussion, I just want
to weigh in.
MR. KANEALI`I-KLEINFELDER: Chair if I could?
CHR. DAVID: Oh, go ahead, Mr. Kaneali`i-Kleinfelder. This is on the
amendment, and I think we can do some of this discussion after we take this. So,
go ahead very quickly.
MR. KANEALI`I-KLEINFELDER: I appreciate the conversation so far. I just
wanted to—it needs to be clarified, I think, at this point listening to the
conversation, that we all have to have a very strong understanding of the funds
and the fuel tax and the usage, the CIP. There are different budgets we're talking
about right now. And there's a lot of departmental questions and review
questions that are happening as well. On the table in front of us is a fuel tax
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Hawaii County Council-38 May 4,2022
decrease of 10 cents per gallon, which doesn't zero the Highway Fund. It
decreases the revenue. That's a very important thing to consider. And I don't
think that's being properly discussed at this point. So, I appreciate the
conversation right now, but I think it's very important to understand the different
funds that are being discussed and the impact this will have on which fund and
where. I yield, Chair. Thank you.
CHR. DAVID: Thank you for that, Mr. Kaneali`i-Kleinfelder. Seeing no other
discussion, I just have a couple questions for Director on the amendment. First of
all, the amendment to include a sunset date, Mr. Kaneali`i-Kleinfelder, thank you
for that. I believe in our earlier discussions that makes my decision in supporting
this a lot better. Also, the fact that we are going to be this will take effect
literally about eight months is what Director Sako said, once we get through all
the processing. Is that right, Director Sako?
MS. SAKO: That's my understanding from reading the State law.
CHR. DAVID: Okay, great. So, within eight months. And I appreciate,
Director, the possibilities that you've discussed about your vision in trying to get
your department up to speed, because everyone that has spoken today definitely
pointed out the real need of fixing our roads. Within this eight-month period,
what do you see,projects, going forward on the pending list of yours within this
timeframe?
MR. RODENHURST: So, for projects moving forward, as I mentioned, the four
projects I put forward for the STIP, those are four projects that we would like to
see get moved along. They are pending State obligation on the STIP program.
Once that's confirmed and provided, we can get going.
CHR. DAVID: Right, I understand that. Which one of those four do you
anticipate can be started within this eight-month period?
MR. RODENHURST: I can't give an answer to that without them giving us an
obligation.
CHR. DAVID: Yeah. Right now, they're at the State level and it just depends
on—okay. So, here's my position: Within this eight-month period, because we
have to wait for the State to actually even approve these four projects, I'm
thinking that by the time procedures are concluded, this decrease will probably
resume to its normal rate come eight months from now. So, based on that, I really
believe that our people need some break, okay, whether it's two bucks a day. To
some people, two bucks is a lot when they're at the gas pump. And so, the sunset
date is, basically for me, the turning point for my "no"vote in the first.
MR. RODENHURST: Can I clarify that those aren't the only projects? I mean,
those are the ones we're talking about because that's where we can easily
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Hawaii County Council-38 May 4,2022
maximize those funds. But other projects such as we're working with right now
with Waipi`o Valley Road. That is a project we have a declared traffic
emergency in. We're working to expedite that project. That's something that we
would like to see moving in the next eight months, and we're working towards
that. That's one project.
CHR. DAVID: Perfect. And then you have the funding for that in the works
already with whatever you have right now.
MR. RODENHURST: Correct.
CHR. DAVID: Thank you. Okay, so, in that, I believe I think we've discussed
the amendment. So, at this point, we're ready to take a roll call, Mr. Henricks, on
the motion to amend Resolution 363-22 with the contents of
Communication 708.4,please.
Vote on Motion The motion to amend Res. 363-22 with the contents of
to Amend: Comm. 708.4 was carried by the following roll call vote:
(Approved)
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Kimball, Lee Loy, Richards, Villegas,
and Chair David—7.
Noes: Council Member Chung— 1.
Absent: Council Member Kierkiewicz— 1.
Excused: None.
Vote on Motion Mr. Kaneali`i-Kleinfelder moved to suspend Council
to Suspend Rule 24 to waive the holdover for the substantive
Council Rules: amendment of Res. 363-22. Seconded by Ms. Lee Loy and
(Approved) 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: Council Member Kierkiewicz— 1.
Excused: None.
CHR. DAVID: Thank you. Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you very much, Chair. I want to just
go back a little bit—circle back. Mr. Rodenhurst?
MR. RODENHURST: Yes.
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Hawaii County Council-38 May 4,2022
MR. KANEALI`I-KLEINFELDER: Sir, how many miles of roadway was the
department able to upkeep in fiscal year '19-'20?
MR. RODENHURST: Effectively for fiscal year '19 and '20, it was nearly zero.
MR. KANEALI`I-KLEINFELDER: Okay, what about '20-'21?
MR. RODENHURST: Fiscal year '20 to '21 was 25.27 miles per the final report
provided.
MR. KANEALI`I-KLEINFELDER: Okay, about 25 miles.
MR. RODENHURST: Correct.
MR. KANEALI`I-KLEINFELDER: And then do you have information for
'18-'19?
MR. RODENHURST: Not readily in front of me right now.
MR. KANEALI`I-KLEINFELDER: Okay. I think what was very important that
was stated, again, I'm going to step back a little bit, this is a decrease of about
$5.5 million. That's based on current estimates and current figures coming in
from DO-TAX(Department of Taxation, State of Hawaii) and our tax revenue
for the highway tax, sorry, for the fuel tax. And I am concerned that in 2017 the
fuel tax increase was contingent upon a comprehensive plan by the Department of
Public Works and the Office of the Mayor. That included a number of things.
And there's a number of our Council Members here who voted on that at the time.
Basically, the increase came down to the plan that would really lay out how the
funds are expended, the timeline, the impact on each district.
And the more I listen to the conversation today, the more I've reviewed the
numbers, the excess funds, from the discussion today, the possibility that we
could do projects doesn't lend itself to the idea that there is a comprehensive plan
in the works here. It is an on-going discussion that's concerning. We've raised
this fuel tax to provide better service and better infrastructure. But what I'm
seeing is—and I know we went through COVID and we're looking at
supply-chain disruptions and everything else going on in the world today, I'm
concerned that we're unwilling to provide the relief for our residents right now,
knowing full well that we don't know we can provide in the year coming up.
This isn't going to break the bank, Council Members. There's a surplus there and
we're going to continue to bring revenue in from fuel tax. That surplus, I mean if
you think about it, think about it differently. I think this behooves our Council to
understand this: The fuel tax is really taxpayer money. It's not our money. If left
in the people's pockets, they can decide where they want to spend those funds.
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Hawaii County Council-38 May 4,2022
And although it might be considered manini to some, for our folks driving from
Puna to Kona every day, five times a week, who are low income or ALICE(Asset
Limited, Income Constrained, Employed) residents, this is huge. If we can
provide 10 cents relief per gallon to those folks,people on set incomes, knowing
that we may or may not—really, what I've heard today is we have a possibility.
That's not set in stone. That's a possibility that we can address our poor
infrastructure.
I don't hear any grand plan. I don't see a solid report. I see lapsed funds year
over year over year. I see excess funding being reappropriated. I see excess
funds coming in that we didn't even expect from GE (General Excise), from fuel
tax, given inflation and given spending right now in very interesting economical
times. We can do this. It's our responsibility to review what the department can
and cannot do, and then provide relief accordingly. That's what we have the
option to do by passing this amendment and passing this resolution today, is
provide that relief for local residents.
And it's not just homeowners. It's not just one class. We're talking about
everybody—from our high school students, college students, to workers, to our
transportation association members. Everybody. This impacts every single
person on our island. And we have that chance today. So, I implore the Council
Members to really consider this, given our ability to improve infrastructure, even
excess funding. This funding, if it were to stay in the pockets of our people, it
will continue to be spent and continue to support other economic sectors as well.
I cannot do more than say those things. So, I appreciate the conversation today.
Ms. David, you made some very good points and I appreciate that. And thank
you very much for the conversation. I yield.
MR. RODENHURST: Mr. Kaneali`i-Kleinfelder, can I comment on one of the
things about our plans versus our history?
MR. KANEALI`I-KLEINFELDER: Not at this time, Director. Thank you.
MR. RODENHURST: Okay. Mahalo.
CHR. DAVID: Thank you. I'm sorry, are you done?
MR. KANEALI`I-KLEINFELDER: I yield, Chair.
CHR. DAVID: Oh, thank you. Go ahead, Director.
MR. RODENHURST: Sure. So, we talked about our plans—and correct,plans
are plans until they're implemented. We look at the situation. DPW is the sole
department responsible for the maintenance and repairs of these roadways, and
the condition that they're currently in because it is our responsibility to make
these adjustments and make these fixes over the years.
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Hawaii County Council-38 May 4,2022
The fact that the money wasn't spent doesn't take away from the fact that the
need is still there. And every day that these needs linger, they deteriorate with
increased use, with time. I would ask the Council if anyone's currently satisfied
with the overall condition of our roads and the current schedule. I know with
Council Member Kaneali`i-Kleinfelder I've had discussions about we want to
increase our ability, our capacity to take it from a 25 mile a year to something
more achievable. I mean, currently, with a 25 mile—road mile, that isa year
maintenance schedule, that gives us a 40-year cycle. If we want to increase that
to what the average longevity of pavement is around 20 years, we'd have to
double that to nearly 50 miles a year. And whatever capacity of work and
availability, we're going to need to spend money on materials because we don't
generate asphalt materials at the County.
So, regardless of our capacity, we're going to need to spend funds to get more
materials to have this come forward. With the increase of oil, we're also looking
down the barrel of prices increasing for asphalt, as I've mentioned. And if that
comes up, we're going to have impacts to our ability to pave. That's something I
cannot control. With that being said, I'm also getting requests from Council
Members and legislators about, "Can we expand? Can we pave roads within
subdivisions? Expand off our County system, make bigger improvements to our
roads-in-limbo situation which also would fall under use of some of these fuel tax
funds. And to prioritize those with everything else on our list, it's costly. It takes
money to do that.
So, with that being said, it's difficult to expand and to, quote, unquote, "catch up"
to where our maintenance hasn't occurred in the past, whether it be because of the
situation with COVID or organizational issues of the past that I'm currently not a
part of, I wasn't here then. I don't know if there were any issues that became
issues that prevented us from expanding our pavement operations. But right now,
we're doing what we can, and that's all I can say. We're doing our best to
increase our ability. I understand I sit here at a disadvantage. The product
provided by DPW in the past is a direct result of where we are today. But we
want to change that, and we want to make that move forward. And to do that, we
need to catch up on where we fumbled the ball in the past.
So, that's where this is. And whichever the decision is on this, we'll adjust, and
we'll make our operations fit that. I understand the need of the community, and I
just want everyone to understand what this does to our operations and how it's
going to impact us. Whatever the decision is, we'll make the adjustments
necessary. But it does impact our ability to expand, to increase our capacity, and
meet the needs of these roads to meet the needs of the community. That's all I
have to say.
CHR. DAVID: Thank you very much, Director. Mr. Richards, go ahead, as
amended, on the amendment.
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Hawaii County Council-38 May 4,2022
MR. RICHARDS: Thank you, Chair. First of all, Mr. Rodenhurst, thank you for
that articulation there. I fully appreciate that. We have a lot of roads to fix. This
County has a thousand miles of road that we are supposed to maintain. And when
we took office six years ago now, five-and-a-half years ago, I think the cycle was
once every 65 years of paving everything, which is not reasonable. We have to
step it up.
The funding you're talking about, our State has been very successful in
capitalizing on Federal funding with shovel ready. And I know that for a fact in
conversations with State DOT, which means as counties, we have to line up to be
sure that we are shovel ready. I am confident that we can take a big swing and get
this funding spent to address the roads that we need to address and push it hard,
whether we're doing it ourselves, whether we're contracting, whatever the case
may be. What I don't want to do is miss the window. And I am still very
concerned about the impact coming out with a decision from Treasury calling
back some of that money and treating it as a loan. I think it is very shortsighted to
try and save a few dollars now and not repair the roads that desperately need to be
repaired now.
I know a lot of Heather's bridges. I know I mention it every time. We have
bridges there that are wooden, that are 80 years old, 90 years old. We need the
funding to go after this. If we don't capitalize on it now when there is funding for
infrastructure, I think we're being exceedingly shortsighted. I supported the
sunset because I don't think adjusting our tax structure is the right thing to do.
But I will not be supporting this resolution. Thank you, Chair. I yield.
CHR. DAVID: Thank you, Mr. Richards. Anyone else? Ms. Kimball. Go
ahead, Ms. Kimball.
MS. KIMBALL: Yeah, thank you, Chair. I just wanted to respond. I know that
times are really tough, the inflation on all sorts of goods and services. And of
course, fuel tax impacts the costs of all those things. I know that everybody's
hurting at their pocketbook. I know I am. I go to the grocery store and go, "Oh,
my gosh! I got all this for this much?" It doesn't make sense.
However, I'm literally thinking right now about all the rain we're getting over on
the east side, and I'm questioning, "Okay, where are we going to have the
landslide? Where are we going to have the culvert that needs to be repaired?
Which bridge is going to go down next? Which community is going to be shut
off? I mean, it's literally what I think about when we have these major storms
that hits over there because it just does keep happening. And I invite anybody
who'd like to come to a tour with me to explore all of these bridges and locations.
Thinking about what it costs people on their pocketbooks. And I have a lot of
folks in District I who drive over to the west side for employment as well. And I
know it's impacting them. But you know what? I've got to get my tires changed
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Hawaii County Council-38 May 4,2022
every year. I've got to get my shocks done every, like, three to four years. Talk
about hitting the pocketbook. The roads in my district are just that bad, that they
are damaging people's cars. I get calls all the time: "Come pave this." "Come
pave that." And we can't do it. We just can't do it.
Mr. Kaneali`i-Kleinfelder, I appreciate where your heart is on this. I really do. I
am super sensitive to the cost the fuel prices are having on folks, but there are
costs to not doing this work too. And it's cost to public health and safety. It's a
bigger cost to the pocketbooks for maintaining vehicles. Again, I appreciate
where this is coming from, but I just can't support it based on the feedback from
the people of my district. Thank you.
CHR. DAVID: Thank you, Ms. Kimball. Mr. Inaba.
MR. INABA: Director Sako, if you could? Which specific funds from the
Federal government are at question here? It's the Rescue Act or ?
MS. SAKO: Definitely the Rescue Act is where they say we shouldn't reduce
taxes. The CARES Act probably is a little bit more with the real property tax
situation because it strictly prohibited us from helping individual taxpayers pay
their real property tax bills.
MR. INABA: How long is this ban on reducing taxes in effect?
MS. SAKO: So, on the ARPA money or American Rescue Plan funds go out
through December 31", 2025.
MR. INABA: So you're saying, at no point in this time timeframe are we allowed
to adjust any taxation that relates to infrastructure?
MS. SAKO: Well, unless we can show that there was an economic impact that
increased it. So, we talked a little bit yesterday about if you reduce rates, but the
values went up, we would still be a net increase. With something like the fuel tax,
on the individual fuel tax I don't believe consumption will increase that we would
collect more and make up for this decrease in the rate. So, we would have to
ensure that we are very careful with how we spend our American Rescue Plan
funds to not support Highway Fund activities in any way. We would probably
also have to clarify with the Federal government that we can apply the criteria
fund by fund, versus as a County as a whole.
MR. INABA: And do we have that language? Was it provided to us in any way
as a Council so we can read it for ourselves and know what prohibitions receiving
funds would include?
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Hawaii County Council-38 May 4,2022
MS. SAKO: It's all online, the American Rescue Plan Guide. And it's more like
the economic impact part of it. And the piece that I'm just not positive on is if it's
the County as a whole, or if we can apply it fund by fund.
MR. INABA: And how much were we intending to put forth towards highway
maintenance or highway infrastructure projects from these ARPA funds?
MS. SAKO: Not specifically to highway infrastructure. We cannot use it to
match other Federal funds. It would be more if there were things related to
COVID that we wanted to take care of, whether it'sin the past, we used some
CARES Act to get additional vehicles so we could social distance our employees
and things like that. We would just have to make sure nothing like that happens.
Or like the supplies for cleaning and other things that we're using the funding on.
They would just have to buy their own out of the fund.
MR. INABA: Wait. So, are we allowed to use that funding for the infrastructure,
or is it only for those vehicles or cleaning supplies that you said?
MS. SAKO: So, the funding is allowed to be used for the reaction to COVID,
whether it's health, safety, and all those types of things, as well as for water
infrastructure, wastewater infrastructure, and broadband. It's not specifically for
roads, but it's primarily taken care of the public and our employees.
MR. INABA: Okay. So, I'm seeing that there—I mean, it can help but it's not
specifically aligned with the Highway Funds' purpose and uses. Is that right?
MS. SAKO: It's not necessarily the Highway Funds and uses, correct. It's just
the way the language is broad in the Act. And so, if we have to apply it as a
countywide, then we would need a ruling from the Department of Treasury.
MR. INABA: Okay. And I thinkI mean, based on the conversation today with
regards a lot of people shared their stance as part of the discussion on the
amendment in regard to this resolution as a whole. I stated in previous meetings
that I had a problem with the lack of a sunset. Right now, we're looking at an
eight-month window in which this resolution would reduce the fuel tax by
10 cents per gallon.
And we had testimony both ways for and against this resolution. For: People just
want a break at the pump. Against: People are concerned we're not going to be
able to carry out our highway improvement projects. Mr. Rodenhurst, in the next
year do you anticipate, short the $6 million, that you wouldn't be able to carry out
your normal 20 miles per year of road pavement projects?
MR. RODENHURST: Sorry. If I understand the question correctly, are you
asking if we would be able—well, we would be impacted with
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Hawaii County Council-38 May 4,2022
MR. INABA: I'll restate the question, sorry. If this resolution is to pass, do you
think you would still be able to carry out your average 20 miles per year road
pavement projects as you have been?
MR. RODENHURST: I think that the historical paving, yes, they would still be
able to achieve what was done in the past.
MR. INABA: Okay, thank you. So, with that, then, I want to—I think we see
how the cards are falling. I do support this because the sunset was brought forth.
I would like to see the department I think everybody wants to, you included
Director Rodenhurst see the department expand. Again, we haven't seen
exactly how that would play out in terms of the expansion. But I think in these
eight months, if we have the opportunity—and you have the opportunity to really
get the ball rolling on some of these projectsI think this Council might even see
a bounce back to the 23 and maybe even see an increase if we can see that there
really is capacity to carry out the projects that our districts need.
So, I'll support this today and I hope that we can carry out these projects,
especially Waikoloa Road and Hina Lani. More importantly, Waikoloa Road, we
know it is a safety concern at this point, according to some of our own agencies at
the County. So, I'll leave it at that. Thank you, Chair.
CHR. DAVID: Thank you, Mr. Inaba. Mr. Richards.
Call for the MR. RICHARDS: Chair, I'd like to call for the question.
Question:
CHR. DAVID: Thank you. Mr. Clerk.
MR. HENRICKS: I'm sorry. Were you accepting that as a motion, or are you
asking me to call the vote?
MR. RICHARDS: I will move to call for the question. How's that?
MR. HENRICKS: No, I'm asking the Chair what she's asking me to do.
CHR. DAVID: Oh. He called for the question. And so, right now, we have to
vote on it and then
MR. HENRICKS: I mean, are you calling for the vote?
CHR. DAVID: Yes.
MR. HENRICKS: Okay, thank you.
CHR. DAVID: Yes.
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Hawaii County Council-38 May 4,2022
Vote on Res. 363-22: The motion to adopt Res. 363-22, as amended to Draft 2,
Draft 2 and adopt Finance Committee Report No. 133 failed by the
Failed following roll call vote:
Ayes: Council Members Inaba, Kaneali`i-Kleinfelder,
Villegas, and Chair David—4.
Noes: Council Members Chung, Kimball, Lee Loy,
and Richards —4.
Absent: Council Member Kierkiewicz— 1.
Excused: None.
CHR. DAVID: Thank you. And that would end in an event vote on the
resolution.
MR. HENRICKS: The resolution requires five votes to be adopted. The motion
fails.
CHR. DAVID: Thank you. The motion fails. Thank you. I just wanted to
confirm that for the public, that Resolution No. 363-22 fails. All right, can we
move on with the agenda? Resolution 379, please.
Res. 379-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO GOING HOME HAWAII
FOR ITS REENTRY AND RECOVERY HOUSING PROGRAM
Transfers $5,000 from the Clerk-Council Services —Contingency Relief account
(Council District 2); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 740
Intr. by: Mr. Chung
Postponed: April 20, 2022
(Note: There is a motion by Mr. Chung, seconded by Ms. Lee Loy, to adopt
Res. 379-22.)
CHR. DAVID: Thank you. Mr. Chung, go ahead.
MR. CHUNG: Yeah. Move to approve.
CHR. DAVID: There's already a motion, so just a discussion from you.
MR. CHUNG: I just need guidance, Madam Chair. I'm going to make this
disclosure because it was brought up the last time,which really has no grounds.
But it was suggested that because I'm a practicing attorney and the funds are
going to go through the Prosecuting Attorney's Office as a conduit, that there's a
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Hawaii County Council-38 May 4,2022
conflict of interest because I'm a practicing attorney. Well, I will make this
representation to all of you: I don't do criminal work. I don't deal at all with the
Prosecutor's Office. But, Madam Chair, you make the call on this. So, let me
know how you want me to proceed.
CHR. DAVID: Thank you, Mr. Chung. I see no conflict whatsoever, and you've
explained it quite well for the public's information.
MR. CHUNG: Thank you.
CHR. DAVID: Any other discussion on this resolution? Hilo Council Members,
can you just shout out if you need to weigh in, and then I will call you?
Mr. Richards, go ahead.
MR. RICHARDS: Yeah, I'm just going to weigh in now because I too, am also
having something come forth. So, Mr. Chung, thank you. I agree this is a very
good program. And I had to smile because when Mr. Estrella talked about the
people couldn't come because they were at work, that's exactly what we want.
So, this is working. Thanks, Chair. I yield.
CHR. DAVID: Thank you, Mr. Richards. Anyone else on Resolution 379?
Seeing none, all those in favor of approving Resolution 379-22, please say "aye."
Vote on Res. 379-22: The motion to adopt Res. 379-22 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: Council Member Kierkiewicz— 1.
Excused: None.
Res. 381-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HOSPICE OF HILO FOR ITS
18TH ANNUAL CELEBRATION OF LIFE EVENT
Transfers $1,500 from the Clerk-Council Services —Contingency Relief account
(Council District 4); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 744
Intr. by: Ms. Kierkiewicz
Motion to Approve: Ms. Kimball moved to adopt Res. 381-22. Seconded by
Ms. Villegas.
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Hawaii County Council-38 May 4,2022
CHR. DAVID: Go ahead, Ms. Kimball.
MS. KIMBALL: Thank you, Chair. I just wanted to take a moment and thank
Council Member Kierkiewicz for supporting the Hospice of Hilo. What an
excellent and important service they provide to our community. My
mother-in-law had to go through Hospice at one point and it was just beautiful, I
mean,just so supportive. And it's end-of-life care for individuals and the family.
It means a lot. And this particular celebration is also very important. So, I want
to thank her for supporting them. They came out and asked me for support as
well, and I would have done it except I had already distributed all my CRF
(Contingency Relief Fund). So, I want to thank her for bringing this forward, and
ask for everyone else's support. Mahalo.
CHR. DAVID: Thank you, Ms. Kimball. Anyone else? Seeing none, all those in
favor of approving Resolution 381-22, please say "aye."
Vote on Res. 381-22: The motion to adopt Res. 381-22 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: Council Member Kierkiewicz— 1.
Excused: None.
Res. 382-22: 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 LIONS CLUB OF KONA
COMMUNITY FOUNDATION, INC., FOR EXPENSES RELATING TO ITS
EDUCATIONAL OUTREACH EFFORTS
Transfers $2,000 from the Clerk-Council Services —Contingency Relief account
(Council District 7); and credits to the Department of Research and Development,
Agriculture Other Current Expenses account.
Reference: Comm. 745
Intr. by: Ms. Villegas
Motion to Approve: Ms. Villegas moved to adopt Res. 382-22. Seconded by
Mr. Inaba.
CHR. DAVID: Go ahead, Ms. Villegas.
MS. VILLEGAS: I am really excited and super grateful for this opportunity to
support the diligent work of these young people at the Lions Club. I'm sorry,
"young people"being they work with the Leo's Club as well, and they've been
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Hawaii County Council-38 May 4,2022
working with the soil, water conservation organization. And I'm not sure if any
of you have recently heard the poignant and powerful radio ads that you can hear
speaking about issues of soil health and how we treat the sacred soils of this
island, and to promote healthier adaptation and cultivation practices of these soils
and protection of our soils. So, I am incredibly grateful for the Lions Club and
the Leo Club and the work that they're doing. So, I just ask for continued support
from my colleagues. And listen up on the radio; they're incredible ads. So,
mahalo.
CHR. DAVID: Thank you, Ms. Villegas. Anyone else? Seeing none, all those in
favor of approving Resolution 382-22, please say "aye."
Vote on Res. 382-22: The motion to adopt Res. 382-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Kaneali`i-Kleinfelder,
Kimball, Lee Loy, Villegas, and Chair David—6.
Noes: None.
Absent: Council Members Inaba, Kierkiewicz,
and Richards —3.
Excused: None.
Res. 383-22: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE
COUNCIL OF THE COUNTY OF HAWAII BY AMENDING RULE NO. 5,
COMMITTEES
Requires the Committee Vice Chairperson to serve as Chairperson whenever the
Chairperson attends a Committee meeting by videoconference.
Reference: Comm. 747
Intr. by: Ms. Kimball
Motion to Approve: Ms. Kimball moved to adopt Res. 383-22. Seconded by
Mr. Inaba.
CHR. DAVID: Go ahead, Ms. Kimball.
MS. KIMBALL: Thank you, Chair. This is a fairly simple and straightforward
Rule amendment. We recently had an amendment that codifies the changes with
respect to our continued ability to do remote meetings or teleconference in from
the other sites. However, we've noticed that in some cases it's kind of inefficient
if the Chair is in one location and everybody else is in another location. So, what
this Rule suggests is just that if the Chair is in the location where the majority of
the body is not, that they pass the chair over on to the vice chair. Similarly with if
they're just unable to function as the Chair. So,pretty straightforward. I'm
happy to answer any questions anybody may have.
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Hawaii County Council-38 May 4,2022
CHR. DAVID: Thank you, Ms. Kimball. Any questions? Mr. Inaba.
MR. INABA: Yeah, thank you, Council Member Kimball, for bringing this
forward. Just to clarify: It's not where the majority is, right? It's just where the
meeting is scheduled.
MS. KIMBALL: That's correct.
MR. INABA: And if they are not where it's scheduled, then they shall join via
or the vice will do it from where it's scheduled. Okay.
MS. KIMBALL: Thank you for clarifying.
MR. INABA: Thank you. Yeah, makes sense. Supporting this. Chair, I yield.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else would like to comment?
MR. KANEALI`I-KLEINFELDER: Chair?
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: When it says "videoconferencing,"to
Ms. Heather Kimball, is that meaning that the videoconference would be the
County videoconferencing system or via something like Zoom?
MS. KIMBALL: It's via the County videoconferencing system, since the
decision has been made that we are only allowed to participate remotely either
from the Hilo chambers or the Kona chambers. So, I didn't feel the need to
specify that in this language because that's been specified elsewhere.
MR. KANEALI`I-KLEINFELDER: Okay, thank you, Ms. Kimball. I disagree
with some of the wording in here, especially the word "shall." The "shall" is
decisive. There are many reasons why different Council Members can or cannot
make it to where the meeting is being held. That option is open to their
discretion. And I think that"shall" could be detrimental to the way that we run
our meetings, and that the way that our Rules are set up now is sufficient.
This Rule would actually work against the ability of the Council to be where it
needs to be, given special meetings, special functions, and different things
happening within each of our Council Members' lives, that would require them,
out of necessity, to be in a different location from where the meeting is being
held. And I would be more comfortable with this resolution having the word
"may" instead of"shall"when it comes to the performing of duties of the
Chairperson.
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Hawaii County Council-38 May 4,2022
So, I would caution the Council Members against this resolution, as it does not
provide the option but rather the requirement that the vice person perform the
duties of the Chairperson. Although it does seem small in review, it is, to me,
important that the Chair maintain a hold of their Committee despite what is
happening. I yield, Chair. Thank you.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else need to
weigh in? All right, seeing noneoh, Mr. Richards, go ahead.
MR. RICHARDS: I appreciate what Mr. Kaneali`i-Kleinfelder just said. And I
appreciate the fact that we have had to go through some extreme circumstances
going forward. However, I think "in person"we all can agree that it is better held
that way. And so, I think there's some wisdom in this, because I think we have a
better meeting when we're in the room. So thanks, Chair, I yield.
CHR. DAVID: Thank you, Mr. Richards. Anyone else want to weigh in?
MS. VILLEGAS: Yeah.
CHR. DAVID: Ms. Villegas, go ahead.
MS. VILLEGAS: I really appreciate the sentiment behind the Rule change, but I
do see some wisdom in transitioning the term from "shall." Yesterday, I couldn't
be here because of some circumstances at home; where we have another Council
Member who can't be here because of extenuating circumstances. However, if
Zoom was once again available to Council Members, we could participate a little
more effectively and efficiently. I think it's this odd perk opportunity and
flexibility that we were provided during a really challenging time of COVID. I
would like to think that we are out of the woods with those times, but our current
numbers are not really reflecting that per se.
So, I really support the means of this. It does help to be in person,just from the
capacity of seeing who's in the room, who's voting, you know, those different
things, when people's lights are on. But I agree that the term could be changed
from "shall"to "may"to provide for a little more flexibility in that capacity.
Based in what, in my short time being in office,just in my second term, has been
fraught with extenuating circumstances and complications for meeting sites and
capacities for those to join based on health concerns or natural disasters or
whatnot. So, if Ms. Kimball would be open to an amendment like that, I'm in full
support if there's an amendment there. So, thank you.
CHR. DAVID: Thank you, Ms. Villegas. Anyone else wanted ?
MR. HENRICKS: I'm sorry. I just wanted to provide some clarification on this.
CHR. DAVID: Yes. Please.
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Hawaii County Council-38 May 4,2022
MR. HENRICKS: This resolution is not about where Council Members may
participate. It's only about if the Chair is not at where the meeting site is being
held, then the duties for chairing the Committee meeting would fall to the
Vice Chairperson. The decisions about participating remotely are not embedded
in our Rules and was an internal policy decision that was actually made at my
request, to which the Chair agreed just to clarify that, where that came from.
That is not part of Ms. Kimball's proposition today.
CHR. DAVID: Thank you, Clerk Henricks, for that clarification. Anyone else?
Ms. Kimball, before
MS. KIMBALL: Yeah, if I could briefly respond in terms of clarification. I want
to be very clear that in my mind, chairing a Committee is really just keeping us on
track, moving us through items. And this bill is all about efficiency. It's not
about control over, for example, a subject area. Our Rules as Chair here in the
Council are not at all like they are, perhaps, at the Legislature where you have
control over what gets heard and what doesn't get heard.
This is really just to keep timing on track, respect everybody's time, and make
sure that things are efficient. When we have the Chair being remotely, the thing
that we see is that things have to be repeated, like, three times. And we can just
do that. We can solve that by just minor modification. I actually proposed to
Chair and Clerk that this would be a policy,just as we did, and the
recommendation was actually to modify the Rules. And so, that is why it is in
there as a"shall"rather than just a policy agreement that we all make. So, that's
my response to the previous comments. Thank you, Chair.
CHR. DAVID: Thank you, Ms. Kimball. Anyone else before I speak? All right.
Thank you, Ms. Kimball, for bringing this forward. And I appreciate the
sentiments of Mr. Kaneali`i-Kleinfelder. However, I believe all these
accommodations were done because of a serious situation for everyone, which is
the COVID situation for two years. So, we had to make a lot of adjustments.
And so I see this, in that sense, chairing a meeting where the body is present, I
believe, for me, is showing a professionalism that probably the people expect.
Because like you said, Ms. Kimball, the delays in and having a remote, due to
technology for whatever reason, I believe your effort in making this a Rule
change is, in my mind, a good start. And it kind of keeps us on the same page and
having a unified body and presence before the public. So, I will be supporting
this, and thank you very much for bringing this forward. Mr. Clerk, can you do a
roll call,please?
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Hawaii County Council-38 May 4,2022
Vote on Res. 383-22: The motion to adopt Res. 383-22 was carried by the
(Adopted) following roll call vote:
Ayes: Council Members Chung, Inaba, Kimball,
Lee Loy, Richards, Villegas, and Chair David—7.
Noes: Council Member Kaneali`i-Kleinfelder— 1.
Absent: Council Member Kierkiewicz— 1.
Excused: None.
CHR. DAVID: Thank you very much. Proceed to 384,please.
MS. LEE LOY: Madam Chair?
CHR. DAVID: Yes? Go ahead, Ms. Lee Loy.
MS. LEE LOY: We have Chief of Police here, which I'm assuming is for
Resolution 390-22.
CHR. DAVID: Yes.
MS. LEE LOY: And if we could take this matter up, we can get him back to
work.
CHR. DAVID: Thank you for that. Okay, great.
MS. LEE LOY: Thank you, Chair.
CHR. DAVID: All right. Mr. Clerk,please. Resolution 390, I believe.
Change Order As directed by the Chair and with no objection from the Council Members, the
of Business: following item was taken out of order:
Res. 390-22: AUTHORIZES THE PAYMENT OF FUNDS OF A LATER FISCAL YEAR
AND OF MORE THAN ONE FISCAL YEAR FOR MULTI-YEAR
EMPLOYMENT CONTRACTS FOR THE HAWAII POLICE DEPARTMENT
Authorizes the Mayor to enter into seven multi-year employment contracts not to
extend beyond June 30, 2024, to implement the Animal Control Program.
Reference: Comm. 760
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 390-22.
Seconded by Mr. Richards.
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Hawaii County Council-38 May 4,2022
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Mahalo, Chair. This item was waived at the
request of the Police Department. We do have here in Hilo joining us today
Chief Ferreira. Mr. Ferreira, if you could come forward. And we also have
Ms. Sako available in the chambers as well. Mr. Ferreira, if you could, sir, give
us a little background on this. Help us understand what this resolution does.
(Note: At this time, Police Chief Paul Ferreira came forward to address
the members of the Council.)
CHIEF FERREIRA: Good morning, Council Members. Paul Ferreira, Police
Chief. Basically, right now, we have 12 animal control employees ranging from
the animal control director to animal control officers and kennel technicians. All
of these employees are on contract hire; basically, one-year contract hire. Their
terms end July, excuse me, June 30'', 2022. We need to go into another year
contract.
Now, anticipating that it's going to take us at least until 2024 to stabilize or
finalize the Animal Control Program for the County, which will undoubtedly
include County positions that may have to be transitioned from contract to County
positions, we need to maintain the services. To do this and to hire people, we
need to have longer-term contracts than one year. Given the job market right
now, it's very difficult to get employees, more so if we're only offering them a
position for the next 12 months. So, the idea behind this is to allow us to at least
get a contract in place for an employee for at least two years while we stabilize
the program.
MR. KANEALI`I-KLEINFELDER: Okay. Thank you, Mr. Ferreira. And this is
proper to do this via resolution, versus incorporating these folks as Police
Department staff or employees?
CHIEF FERREIRA: My understanding is if I wanted to make an employment
contract beyond one year, I needed to do it through a multi-year contract. As far
as transitioning into a County employee, that is going to take us over a year to do
so, creating the positions. Because, no positions exist in the County right now for
an animal control officer or a kennel technician. The closest we have is a
zookeeper, someone that takes care of animals at the zoo, which is totally
different.
I don't believe there's any positions in the State right now. I believe Honolulu,
City and County, from what I recall, had a position for a dogcatcher, which may
somehow mold into an animal control officer, but there is no real position. So,
we'd be creating one from scratch, and having to go to the collective bargaining
unions and negotiating the terms.
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Hawaii County Council-38 May 4,2022
MR. KANEALI`I-KLEINFELDER: Okay. Thank you for that explanation,
Chief. Thank you for being here this morning. I yield to the Council Members,
Chair.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Anyone else needs to
comment? Mr. Richards, go ahead.
MR. RICHARDS: Yeah, thank you, Chair. I've been working with the
committee on getting this, or a working group I guess it really is. And this has
been something that is being set up. And a big shout-out to the Police Department
for doing something that they were hesitant at first, but they jumped in with all
feet to get things done. And I'll use the term "pilot project,"meaning the County
needs to take care of this. We have a duty to take care of the animal control, and
we have put together a lot of different things. Judge Strance has been very
instrumental in crafting this going forward. And so this is a step, as Chief pointed
out, to go from where we were to where we need to be, but there's a transition
time. And this was agreed upon, this was the best way to get it done to make sure
that the County is doing what it needs to do. But we're not quite ready to
incorporate full-time employees as of yet because they're still crafting and putting
it together. So, I fully support this going forward.
CHR. DAVID: Thank you, Mr. Richards. Anyone else?
MS. LEE LOY: Yes, Chair.
CHR. DAVID: Go ahead, Ms. Lee Loy.
MS. LEE LOY: Thank you. Chief, thanks for being here. I had a question
around the two year, because it's a contract. During this period of time, are they
considered County employees with all the benefits that go with it? Or it's just
like an at-will contract, and we can hire and terminate if that individual isn't
working out?
CHIEF FERREIRA: It's an at-will contract. However, because of the long term
outside of the 89 days, they are entitled to holidays, vacation, sick leave, and
overtime.
MS. LEE LOY: Okay. So, this is basically 24 months of continuous employment
without that break in service, like the other employment contracts that we have.
CHIEF FERREIRA: Yes. And it's still at-will. If they do not perform to those
expectations, we can terminate the contract. Language in the contract allows us to
do that.
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Hawaii County Council-38 May 4,2022
MS. LEE LOY: Great. Deanna, I just had a question around that benefit package
during this term. Will that also show up in our budget with the benefits, the
OPEB (Other Postemployment Benefits)payments, those types of things?
Thanks, Deanna.
(Note: At this time, Finance Director Deanna Sako came forward to
address the members of the Council.)
MS. SAKO: Yes. So, they are entitled to medical and retirement and all those
other benefits. And so we have incorporated that into our budget projections.
MS. LEE LOY: Okay. Thanks. Thank you for being here. Chair, I yield.
CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else here in Kona?
MR. KANEALI`I-KLEINFELDER: Chair?
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: One follow up question. What I don't see
here is cost. And I understand this is a resolution to enter into the ability to have
multi-year employment contract, but I'm assuming part of this will allow for a
certain amount of funds to be expended. But nothing on here documents what
kind of expenses we're looking at. I don't know if that is included in this or that's
part of the discussion or that's an upcoming bill. But, you know, it's a fair
question.
CHIEF FERREIRA: No. Very fair question, sir. Right now, annually, if we look
at our budget, we're looking at$266,000 roughly, if we were to fill all of the
animal control positions that we need.
MR. KANEALI`I-KLEINFELDER: $266,000, for 12 employees on contract.
CHIEF FERREIRA: Excuse me. Twelve employees on contract—excuse me.
Let me correct on that. It would be $495,000, excuse me.
MR. KANEALI`I-KLEINFELDER: $495,000,per year for the twelve
employees.
CHIEF FERREIRA: For twelve employees.
MR. KANEALI`I-KLEINFELDER: That we have on contract. And then this
doesn't include any of our staff from HPD (Hawai`i Police Department)that are
doing more management positions, correct?
CHIEF FERREIRA: It does not include any of our staff at all.
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Hawaii County Council-38 May 4,2022
MR. KANEALI`I-KLEINFELDER: Okay.
CHIEF FERREIRA: This is strictly under the animal control budget.
MR. KANEALI`I-KLEINFELDER: So coming out of that account; say about
$2.3-$2.4?
CHIEF FERREIRA: For the next fiscal year we asked for, I believe, three point
something million.
MR. KANEALI`I-KLEINFELDER: $3.8 million to cover HPD's staffing of?
CHIEF FERREIRA: No. Just to cover the animal control services.
MR. KANEALI`I-KLEINFELDER: Okay. Okay. Thank you very much, Chief.
Appreciate it. Okay. I yield, Chair. Thank you.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Seeing no other
discussion on this side, all those in favor of approving Resolution 390-22, please
say "aye."
Vote on Res. 390-22: The motion to adopt Res. 390-22 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: Council Member Kierkiewicz— 1.
Excused: None.
CHR. DAVID: Thank you, Chief, for being here.
CHIEF FERREIRA: Thank you very much. And thank you for taking me out of
order. Excited to get back to work.
CHR. DAVID: Alright, thank you. Mr. Clerk, Res. 384.
Return to Order The Chair directed the Council to return to the order of business.
of Business:
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Hawaii County Council-38 May 4,2022
Res. 384-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO THE DEPARTMENT OF PARKS AND RECREATION
FOR THE RENTAL OF A PORTABLE BATHROOM FOR HONAUNAU
BOAT RAMP
Transfers $2,500 from the Clerk-Council Services —Contingency Relief account
(Council District 6); and credits to the Department of Parks and Recreation, Park
Maintenance Other Current Expenses account.
Reference: Comm. 748
Intr. by: Ms. David
Motion to Approve: Mr. Inaba moved to adopt Res. 384-22. Seconded by
Ms. Villegas.
CHR. DAVID: Thank you, Mr. Inaba and Ms. Villegas. This is a very
self-explanatory. All I need to do is really help the H6naunau Boat Ramp parks
area with this cost, which has been pretty high recently due to tourism. So I
appreciate your support. And that's it. Anyone else? Seeing none, all those in
favor of approving Resolution 384-22, please say "aye."
Vote on Res. 384-22: The motion to adopt Res. 384-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Lee Loy, Richards,
Villegas, and Chair David—7.
Noes: None.
Absent: Council Member Kierkiewicz and Kimball—2.
Excused: None.
Res. 385-22: 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 WAIAKEA HIGH
SCHOOL PARENT TEACHER STUDENT ASSOCIATION FOR THE 2022
WAIAKEA HIGH SCHOOL PROJECT GRAD NIGHT
Transfers $1,500 from the Clerk-Council Services —Contingency Relief account
(Council District 3); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 749
Intr. by: Ms. Lee Loy
Motion to Approve: Ms. Lee Loy moved to adopt Res. 385-22. Seconded by
Mr. Richards.
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Hawaii County Council-38 May 4,2022
CHR. DAVID: Go ahead, Ms. Lee Loy.
MS. LEE LOY: I ask for my colleague's support. It's grad night for our Waiakea
High School children.
CHR. DAVID: Thank you. Seeing no other comments on this side, all those in
favor of approving Resolution 385-22, please say "aye."
Vote on Res. 385-22: The motion to adopt Res. 385-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Lee Loy, Richards,
Villegas, and Chair David—7.
Noes: None.
Absent: Council Member Kierkiewicz and Kimball—2.
Excused: None.
Res. 389-22: AUTHORIZES THE OFFICE OF THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
Provides for the continuation of the County's project under the Americorps
Volunteers in Service to America program.
Reference: Comm. 759
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 389-22.
Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. This item was waived as
well to Council to expedite the process. And I'm looking over the B-52 right
now. This is from the Department of Research and Development. Do we have
anyone from Research and Development online?
CHR. DAVID: No, we don't.
MR. KANEALI`I-KLEINFELDER: Okay. That's too bad. Well I appreciate the
program. I like this program a lot. It offers our County a lot of service and has
done a great deal in the past. So I'll be supporting this today. But if the Council
has any questions, we could table this to the end of the discussion.
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Hawaii County Council-38 May 4,2022
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Any other questions on
this side? Seeing none, all those in favor of approving Resolution 389-22, please
say "aye."
Vote on Res. 389-22: The motion to adopt Res. 389-22 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: Council Member Kierkiewicz— 1.
Excused: None.
CHR. DAVID: Could I please have a motion from someone to waive.
Mr. Kaneali`i-Kleinfelder, could you entertain that motion to waive the 5-day.
Vote on Motion Mr. Kaneali`i-Kleinfelder moved to suspend Council
to Suspend Rule 15 to waive the 5-day hold for reconsideration of
Council Rules: Res. 389-22. Seconded by Ms. Lee Loy and carried by the
(Approved) following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kimball, Lee Loy,
Richards, Villegas, and Chair David—8.
Noes: None.
Absent: Council Member Kierkiewicz— 1.
Excused: None.
Res. 391-22: AUTHORIZES THE ACCEPTANCE OF A DONATION OF AN APOLLO
SPINNER TO THE DEPARTMENT OF PARKS AND RECREATION
The donation of this playground equipment from Friends of Pu`u Nui Park, valued
at approximately $22,000, would be installed at the Waikoloa Community Park.
Reference: Comm. 761
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 391-22.
Seconded by Mr. Richards.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
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Hawaii County Council-38 May 4,2022
MR. KANEALI`I-KLEINFELDER: This is a neat donation that I really
appreciate this coming forward. Do we have Parks and Rec online or anyone
from the department?
CHR. DAVID: No. We don't have anyone on Zoom.
MR. KANEALI`I-KLEINFELDER: Okay.
CHR. DAVID: Yes, we do have Council Members wanting to speak.
MR. KANEALI`I-KLEINFELDER: Okay, good. I'll yield. Thank you, Chair.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Mr. Richards, go ahead.
MR. RICHARDS: Thank you, Chair. Yeah, this is Pu`u Nui Park in Waikoloa
Village, and like so many of our parks, they are in desperate need of maintenance
repair. This park has a relatively new "Friends of the Park" arrangement
agreement. This is a—kind of like the old-style merry-go-round we used to play
on that's been donated. There's also a company coming in, Edmentum, next
weekend to do a bunch of work on the park as we go forward. Parks and Rec has
been bending over backwards trying to make sure we can get everything done,
because there's a timeline that we have to work on. So they've been working
really hard to get it done.
We fully appreciate the efforts of the Friends of the Park. And then this company
coming in to help spend the day and they're bringing in like 70 volunteers for
when they like whip `em Kealoha. And so we're going to get a lot of things done.
Thanks, Chair. I yield.
CHR. DAVID: Awesome. Thank you, Mr. Richards. Anyone else? Seeing
none, all those in favor of approving Resolution 391-22, please say "aye."
Vote on Res. 391-22: The motion to adopt Res. 391-22 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: Council Member Kierkiewicz– 1.
Excused: None.
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Hawaii County Council-38 May 4,2022
Res. 392-22: AUTHORIZES THE ACCEPTANCE OF A DONATION OF ONE 2005 JEEP
LIBERTY SPORT TO THE DEPARTMENT OF FINANCE
The donation from the Hawaii Department of Transportation Highways Division,
valued at approximately $21,407, would be used by Vehicle Registration and
Licensing Division's Commercial Driver License staff to travel between Hilo and
Kona for daily operations.
Reference: Comm. 762
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to adopt Res. 392-22.
Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Fairly straight forward. Donation of a Jeep,
2005, for approximate value of$21,000 for the Department of Finance and
Vehicle Registration and Licensing Division. I look forward to everyone's
support. Thank you.
CHR. DAVID: Thank you. Anyone else? Seeing none, all those in favor of
approving Resolution 392-22, please say "aye."
Vote on Res. 392-22: The motion to adopt Res. 392-22 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: Council Member Kierkiewicz— 1.
Excused: None.
Res. 393-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO GOING HOME HAWAII TO
SUPPORT ITS REENTRY AND RECOVERY HOUSING PROGRAM
Transfers $1,500 from the Clerk-Council Services —Contingency Relief account
(Council District 9); and credits to the Office of the Prosecuting Attorney, Other
Current Expenses account.
Reference: Comm. 764
Intr. by: Mr. Richards
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Hawaii County Council-38 May 4,2022
Vote on Res. 393-22: Mr. Richards moved to adopt Res. 393-22. Seconded by
(Adopted) Mr. Inaba and carried by the following voice vote:
Ayes: Council Members Chung, Inaba, Kimball,
Lee Loy, Richards, Villegas, and Chair David—7.
Noes: None.
Absent: Council Members Kaneali`i-Kleinfelder
and Kierkiewicz—2.
Excused: None.
Res. 394-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PURCHASE A WEED STEAMER FOR THE
DEPARTMENT OF PARKS AND RECREATION, PARKS MAINTENANCE
DIVISION
Transfers $8,000 from the Clerk-Council Services —Contingency Relief account
(Council District 7); and credits to the Department of Parks and Recreation, Parks
Maintenance Equipment account.
Reference: Comm. 766
Intr. by: Ms. Villegas
Motion to Approve: Ms. Villegas moved to adopt Res. 394-22. Seconded by
Mr. Inaba.
CHR. DAVID: Go ahead, Ms. Villegas.
MS. VILLEGAS: Thank you. I am asking for my colleagues' support in a
resolution that provides an opportunity to empower our Parks and Rec to utilize
new technologies under maintenance practices of the green spaces in our Parks
and Rec facilities as they continue to move away from using herbicides for week
control. I'd like to especially say mahalo to Maurice Messina, Director of Parks
and Recreation and his stellar staff for their support of this transition. I'm deeply
honored. Incredibly grateful to have had the CRF (Contingency Relief Fund)
funding to be able to work collaboratively with them to provide the equipment for
this transition. And I look forward to getting familiar with the weed steamer
alongside all of our staff members. So mahalo again to Parks and Rec. And I just
ask for everyone's continued support. Aloha.
CHR. DAVID: Thank you, Ms. Villegas. Anyone else? Seeing none, all those in
favor of approving Resolution 394-22, please say "aye."
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Hawaii County Council-38 May 4,2022
Vote on Res. 394-22: The motion to adopt Res. 394-22 was carried by the
(Adopted) following voice vote:
Ayes: Council Members Chung, Inaba, Kimball,
Lee Loy, Richards, Villegas, and Chair David—7.
Noes: None.
Absent: Council Members Kaneali`i-Kleinfelder
and Kierkiewicz—2.
Excused: None.
Res. 395-22: TRANSFERS/APPROPRIATES AN APPROPRIATION OUT AND FROM A
DESIGNATED FUND ACCOUNT AND CREDITS SAME TO A DESIGNATED
FUND ACCOUNT TO PROVIDE A GRANT TO HOSPICE OF HILO FOR ITS
18TH ANNUAL CELEBRATION OF LIFE
Transfers $1,500 from the Clerk-Council Services —Contingency Relief account
(Council District 2); and credits to the Department of Parks and Recreation, Parks
Administration Other Current Expenses account.
Reference: Comm. 767
Intr. by: Mr. Chung
Vote on Res. 395-22: Mr. Chung moved to adopt Res. 395-22. Seconded by
(Adopted) Mr. Inaba and 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: Council Member Kierkiewicz— 1.
Excused: None
Res. 396-22: 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 ALOHA CLUB OF HILO
TO PURCHASE FOOD AND SUPPLIES FOR THE MEAL PROGRAM AT
HALE `OLUEA CLUBHOUSE
Transfers $1,500 from the Clerk-Council Services —Contingency Relief account
(Council District 2); and credits to the Department of Liquor Control, Public
Programs account.
Reference: Comm. 768
Intr. by: Mr. Chung
Motion to Approve: Mr. Chung moved to adopt Res. 396-22. Seconded by
Mr. Inaba.
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Hawaii County Council-38 May 4,2022
CHR. DAVID: Go ahead, Mr. Chung.
MR. CHUNG: You know, this is something that I think is worth talking about
just briefly. As I did last year and I think the year before, provided some funds to
the clubhouse that's located diagonal from Kapi`olani School on Kilauea Avenue.
It's the old mini-golf facility. It services a population of, I hope this is politically
correct, but mentally disabled individuals and really has given them a sense of
purpose. And it's just a wonderful program that they have over there. And I
would invite anyone, you know, on this Council and outside to take a look. And
it's really a good operation that they have over there. So hopefully I can get your
support. Thank you.
CHR. DAVID: Thank you, Mr. Chung. Anyone else? Seeing none, all those in
favor of approving Resolution 396-22, please say "aye."
Vote on Res. 396-22: The motion to adopt Res. 396-22 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: Council Member Kierkiewicz— 1.
Excused: None
CHR. DAVID: Let's move on to Bills for First Reading, please.
BILLS FOR The Chair directed the Council to proceed to the next order of business,
ORDINANCES: Bills for Ordinances (First Reading).
(FIRST READING)
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 166: 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($3,450,000);
and appropriates the same to the Fire Protection Salaries and Wages account.
Funds would be used to cover potential bargaining unit salary increases and excess
overtime.
Reference: Comm. 763
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Waived: FC
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Hawaii County Council-38 May 4,2022
Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to pass Bill 166 on first
reading. Seconded by Ms. Lee Loy.
CHR. DAVID: Go ahead, Mr. Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. This bill was moved to
Council and expedited via waiver. We've got the Chief here for discussion.
Chief, if you could give us a little background on the Fund Balance and then the
movement to Fire Protection Salary and Wages.
(Note: At this time, Fire Chief Kazuo Todd came forward to address the
members of the Council.)
CHIEF TODD: Okay. So basically this bill is to cover some of the salary and
wage increases as well as the overages this year. It's been sadly a battering year
in terms of cost between about ten major brush fires throughout the year and
COVID. Unfortunately, because of the communal living of firefighters
decimating occasionally an entire shift, which we had to bring in for overtime. So
because of that we have some overages this year, which are reflected in this to
kind of make ends meet.
MR. KANEALI`I-KLEINFELDER: Thank you. And then the fund balance
came from last year?
CHIEF TODD: Deanna would be more probably appropriate to answer exactly
how the funding all works.
MR. KANEALI`I-KLEINFELDER: Okay.
CHIEF TODD: I ask for money and help, and she's deigned to potentially help
me out.
MR. KANEALI`I-KLEINFELDER: Thank you. Go ahead, Deanna.
MS. SAKO: That's the General Fund balance from—it's the General Fund, Fund
Balance. So yes, it's from prior year.
MR. KANEALI`I-KLEINFELDER: Okay. Thank you. That's all the questions
that I have. Chair, thank you. I yield.
CHR. DAVID: Thank you, Mr. Kaneali`i-Kleinfelder. Mr. Inaba, go ahead.
MR. INABA: Thank you, Chief Todd. Do you expect that there's going to be a
need funding like this in the upcoming budget year as well? I mean, I know this
was based on some big events. But have you budgeted adequately, I guess.
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Hawaii County Council-38 May 4,2022
CHIEF TODD: Yeah, so we've already sat down with Deanna and we've been
working on our budget for future years. And that has been taken into account.
MR. INABA: Okay. Thank you very much. Chair, I yield.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else? Seeing none, all those in
favor of approving Bill 166 at first reading, please say "aye."
Vote on Bill 166: The motion to pass Bill 166 on first reading was carried by
(Approved) the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kimball, Lee Loy,
Richards, Villegas, and Chair David—8.
Noes: None.
Absent: Council Member Kierkiewicz— 1.
Excused: None
Return to Order The Chair directed the Council to return to the order of business.
of Business:
Bill 152: AMENDS CHAPTER 2, ARTICLE 13, DIVISION 3, SECTION 2-75 OF THE
HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
RELATING TO THE COUNTY HOUSING PROGRAM REVOLVING FUND
Repeals existing provisions in their entirety and establishes nine specific uses for
expenditure of the funds to support the County's housing needs.
Reference: Comm. 721
Intr. by: Mr. Inaba and Ms. Kimball
Approve: FC-139
and
From Council Member Heather L. Kimball, dated April 26, 2022, transmitting
informational material relating to Bill 152.
Motion to Approve: Mr. Inaba moved to pass Bill 152 on first reading and adopt
Finance Committee Report No. 139. Seconded by
Ms. Kimball.
CHR. DAVID: Go ahead, either Mr. Inaba or Ms. Kimball.
MS. KIMBALL: Thank you, Chair.
CHR. DAVID: Ms. Kimball.
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Hawaii County Council-38 May 4,2022
MS. KIMBALL: Yes. Thank you. I'm going to start with actually putting
forward the amendment that's been circulated. This is Communication 721.2. So
at this time I'll make a motion to amend the contents of Bill 152 with the contents
of Communication 721.2.
Motion to Amend: Ms. Kimball moved to amend Bill 152 with the contents of
Comm. 721.2. Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Ms. Kimball.
MS. KIMBALL: Thank you, Chair. This is in response to the discussion that we
had around the legislation at the previous discussion in Committee particularly
everyone wanted to make sure that we were including moderate-income families
in these additional mechanisms. And so that's basically what this amendment
does. Quite simple, adding in moderate income to item (7) and(8), to the section,
and then adding the definition of area median income. I just also wanted to, in
this context, point everyone to the communication that was attached to this bill
that just has the table that is currently being used for affordable housing
guidelines so that folks can look at the sales price and the maximum income per
each of those income levels. That's all I have. Thanks, Chair. I yield.
CHR. DAVID: Go ahead, Mr. Chung.
MR. CHUNG: First of all, I wanted to thank Ms. Kimball for, you know,
addressing that concern that was brought up the last time. But she also referenced
something else that I don't have. What were the numbers?
MS. KIMBALL: I'm sorry. There's a communication in the bill, in your folder,
Comm. 721.1, that just has the table having to do with affordable housing
guidelines. Because there was some discussion; what are the sales prices; what
are the income? I can just pass mine down if you'd like.
MR. CHUNG: Maybe if you can just say what people will fall under theoh,
there it is, under the moderate income.
MS. KIMBALL: Sure. So moderate income, which is income from 80 percent to
120 percent. So if we're looking at a two-bedroom home, as an example of that,
that would be a sales price of$359,000 all the way up to $539,000 and income
levels at$61,000 for a 3-person family to $92,000I'm reading like the middle
section here. For a family of four, if we're looking at a 3-bedroom home, the
income levels then would go to about$68,000 all the way up to $102,000, with
sales prices going from $398,000 to $596,000.
MR. CHUNG: Again I want to thank Ms. Kimball for, you know, really
addressing that. I didn't realize it but those comments made at the Council the
last time regarding to protecting the middle class actually resonated with a lot of
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Hawaii County Council-38 May 4,2022
people. I did not realize that people were listening to that program. You know,
we always talk about keeping our kids home. And, you know, it's usually in the
context of trying to create jobs in the State of Hawaii. But I think we overlook
the cost of living here too. And so if we are going to try to keep our kids home
we have to find a way to. So I wanted to thank Ms. Kimball for addressing that.
It's not perfect, but at least it addresses the issue somewhat. And I really do
appreciate that. Thank you.
CHR. DAVID: Thank you, Mr. Chung. Anyone else? Hilo side, no? Mr. Inaba,
go ahead.
MR. INABA: Yeah. I just want to clarify for the record, it's Communication 721.1,
which was in our board, that affordable guidelines that Council Member Kimball
provided as supporting documents for this bill today. And again, well, Mr. Chung,
thank you for bringing that up, because it does expand protections and resources for
those at the moderate-level income, which is still considered affordable housing by
definition. So I'm glad that we were able to extend and expand those protections and
those resources to that group as well, and ask for everyone's support today on
Bill 152. Thank you.
CHR. DAVID: Thank you, Mr. Inaba. Mr. Chung, go ahead.
MR. CHUNG: Sorry. I only thanked Ms. Kimball, but thank you to Mr. Inaba, too.
Sorry.
CHR. DAVID: Alright. Noted. Mr. Richards, go ahead.
MR. RICHARDS: Yeah. Thank you. I just going to echo what Mr. Chung has just
said. So thanks, Mr. Inaba and Ms. Kimball, concerning that and attending to it.
But, you know, you folks know what Mr. Chung said concerning people listening.
We talked about the next generation, but they have to be able to afford to live here.
So it is the economy, but it's also the cost of living, which housing is a huge portion
of that. So again, appreciate the work that's been put into this. Because we all
struggle on trying to figure out how to make this work. Thanks, Chair. I yield.
CHR. DAVID: Thank you, Mr. Richards. Anyone else? In Hilo? Seeing none.
Anyone else on this side? Seeing none, I just want to say mahalo to Ms. Kimball
and Mr. Inaba, and for the discussion we had in our last meetings, and also for the
notations and the awareness that Mr. Chung raises. We need to keep our kids home,
and in order to do that they need a home. They need to be able to afford a house.
And the way things are going, I know everybody knows, not even people like me
can afford a house now days. So anyway I really appreciate your hard work, both of
you, and for bringing this to benefit, really, to benefit the people that need help now.
So seeing that, Clerk Henricks, can we do a roll call on this please?
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Hawaii County Council-38 May 4,2022
Vote on Motion The motion to amend Bill 152 with the contents of
to Amend: Comm. 721.2 was carried by the following roll call vote:
(Approved)
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kimball, Lee Loy,
Richards, Villegas, and Chair David—8.
Noes: None.
Absent: Council Member Kierkiewicz— 1.
Excused: None.
CHR. DAVID: Thank you very much. Now we're back to Bill 152, as amended.
Council Members? Ms. Kimball.
MS. KIMBALL: Thank you, Chair. So we had a broad discussion on this last
time, and I just want to reiterate. What we're really trying to do here is give the
Office of Housing as many tools as possible to address the affordable housing
issue. And although we're repealing that first section there that actually comes
back in again later, so we're not actually removing any of the tools that they
currently have, we are just adding to that toolbox.
And I've also heard many times from many different people, there's no silver
bullet solution to the affordable housing program. And so our chances of its
success, in my mind, of, you know, making sure that our kids stay home thank
you, Council Member Richards and Council Member Chung, for highlighting that;
making sure we effectively end homelessness. Our likelihood of success in those
areas are greater by providing as many tools to achieve that as possible.
So I ask for your continued support to continue to move this piece of legislation
along. I will just briefly state that Council Member Inaba and I still feel strongly
that this is within the jurisdiction of the Legislature to put this language into the
fund. Thank you. I yield.
CHR. DAVID: Thank you, Ms. Kimball. Anyone else? In Hilo? No. Alright,
seeing none. Alright, on Bill 152, as amended. Clerk Henricks, can you do a roll
call, please?
Vote on Bill 152: The motion to pass Bill 152, as amended to Draft 2, on first
Draft 2 reading and adopt Finance Committee Report No. 139 was
(Approved) carried by the following roll call vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kimball, Lee Loy,
Richards, Villegas, and Chair David—8.
Noes: None.
Absent: Council Member Kierkiewicz— 1.
Excused: None
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Hawaii County Council-38 May 4,2022
CHR. DAVID: Thank you very much. Can we move to Bill 153, please?
Bill 153: INITIATES AN AMENDMENT TO ARTICLE X OF THE HAWAII COUNTY
CHARTER (2020 EDITION), RELATING TO THE COUNTY HOUSING
PROGRAM REVOLVING FUND
Proposes the addition of a new section to incorporate the revolving fund
established in Section 2-74 of the Hawaii County Code into the Hawaii County
Charter and dedicate on an annual basis a minimum of one percent of real property
tax revenues into the County Housing Program Revolving Fund.
Reference: Comm. 722
Intr. by: Mr. Inaba and Ms. Kimball
Approve: FC-140
2/3 Vote: First of three required readings,
Section 15-1(a), Hawai`i County Charter
Motion to Approve: Ms. Kimball moved to pass Bill 153 on the first of three
required readings and adopt Finance Committee Report
No. 140. Seconded by Mr. Inaba.
CHR. DAVID: Go ahead, Ms. Kimball.
MS. KIMBALL: Thank you, Chair. This in some ways can be viewed as a
companion to the previous bill, which is, you know, we've provided the tools now
we've got to pay for the gas or the electricity and put those tools to work. And this
is one mechanism to do it. And in my mind, there are benefits to this particular
mechanism, which is a Charter amendment.
The first being that it is robust. Regardless of who stays in position on this board,
it's going to evolve over time. That's the nature of what we do. And so with the
public approval of this one-percent contribution to the Revolving Fund that's going
to be, you know, unlikely to be reversed every time. And I think that's important.
It's important to show that commitment to affordable housing as well as to provide
the Office of Housing and Community Development that assurance that's going to
be there. The flip side of that is the Finance Department doesn't like it, of course.
You know, we're earmarking funds, and there is no flexibility. It is going to
adjust, you know, it's a percentage. So if we do see market values go down this
amount goes down.
The other benefit is that we have that public input from the sense that it is a
Charter amendment. It is voted on by the community at large. And it's basically
just giving the community a chance to say, "Hey,we care about this too and we
want to see it happen." And I don't think that civic engagement can be
undervalued. I think it's a really important part of the democratic process. So
that's one of the other reasons that I see moving forward.
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Is this one percent, $4 million roughly, enough? No. You know, we definitely
could do more. But it's the basis by which we can leverage other funds to help
address this critical issue. And again reiterating what Council Member Chung and
Council Member Richards said, you know, we need to address the cost of living
here so that more of our kids can stay home. You know, have a quality of life that
is reasonable and appropriate; and addressing the affordable housing crisis is part
of how we accomplish that. So I ask for the Council's continued support as we
deliberate this further. Thank you, Chair. I yield.
CHR. DAVID: Thank you, Ms. Kimball. Anyone else? Mr. Richards, go ahead.
MR. RICHARDS: Thank you, Ms. Kimball. I completely agree with the previous
bill, but here is where I diverge. First of all, I don't—like I said, I completely
agree with the previous bill. If we're going to really solve the problem for our
islands, housing is paramount. We have to take care of that. But I do not believe
the Charter amendment's a way to get that done and for several reasons.
First of all, I think we need to have latitude when it comes to managing our
finances and I think the last 15 years has taught us that. Things happen that we
don't see coming. And the great financial crisis of 2007-2008 was one episode.
This last several years of COVID is another episode. My concern with the Charter
amendment is it locks it. And there's a problem with that in my mind. I think no
one is going to disagree with the intent. But if we don't allow latitude for funding
in an emergency situation, I think we're painting ourselves into a corner. That's
one concern I have.
Another concern is we received this communication from Corporation Counsel
concerning the validity of the use of a Charter amendment in this situation. And
that concerns me. Let's not lose sight of the end game. We need more housing.
And I fully support the way, you know, this is one vehicle. And I also appreciate
the fact that there's an approach to come at it from several different angles to find
the funding to get this to come forward. But I don't want it to get mired down in
other things while we're trying to get the housing bill, because we talk a lot. We
rattle around a lot,and we don't build houses. Now thankfully, we have a great
housing initiative, directive, Director, that is pushing and getting more things in the
pipeline.
Though I support the process in the previous Bill 152, I do not support Bill 153,
because of the things that are articulated. It doesn't give us latitude, and I'm
concerned about the constitutionality of this. So for that reason I'm not going to
be supporting this. Thanks, Chair. I yield.
CHR. DAVID: Thank you, Mr. Richards. Mr. Inaba, go ahead.
MR. INABA: Yes. Thank you, Chair. I think we need to go back to the idea that
when times are hard for those who need affordable housing, that is not the time for
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Hawaii County Council-38 May 4,2022
us to have latitude and leeway to chicken out as a County and get out of
commitments to affordable housing. If they're struggling—well, let's say if the
County is struggling, they're struggling more. And the point of allocating these
funds specifically to this Revolving Fund is that this Council will then know
exactly where the funds are being deposited to and that we and the public can have
oversight as to how these funds are being spent by the Office of Housing and
Community Development.
So in terms of the memo regarding the legality of this bill, it cites the Constitution,
Article 8, Section 3, regarding real property taxation powers being solely exercised
by the county councils and the counties. So the basis of the memo, however,
incorrectly implies that we're granting real property taxation powers to the people.
This is not the case. That power stays with the County and the rates stay with the
Council. This bill simply allocates and appropriates the funds that are already
collected as part of our real property tax annually to this Housing Revolving Fund.
So there is no problem with the legality of this. And as we all know, this has been
done before with PONC (Public Access, Open Space and Natural Resources
Preservation Commission), with the Maintenance Fund, with the Emergency Fund.
So I don't think the memo goes as far as to say those are illegal, but it follows the
same format. And again, we're not granting any taxation powers outside of our
own County or outside of this Council. So we need to follow through, we need to
commit to our affordable housing that we always talk about. And the only way
that we can ensure this commitment through time, through Councils, through
Mayors and Administrations, is by getting it in this Charter. So we need to, you
know, let's follow through with what we always talked about. Asking for your
support on this measure. Chair, I yield.
CHR. DAVID: Thank you, Mr. Inaba. Anyone else? Hilo? Seeing none.
Mr. Chung, go ahead.
MR. CHUNG: I'm just wondering if the public knows about the memo and the
legal analysis made by the Corporation Counsel. I mean there's been reference to
it, but is it something ?
MS. KIMBALL: Chair, if I may, you know, yesterday we had that conversation
about 250, where we just agreed as a Council to share the communication. We
might want to do that in this case.
CHR. DAVID: Hang on. Hang on a second. Okay. Mr. Chung, did you?
MR. CHUNG: Let me weigh in on this as best I can.
CHR. DAVID: Okay.
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Hawaii County Council-38 May 4,2022
MR. CHUNG: I did some research on this matter last night. And let's see, what is
the name of this case? This is the case that seems to be controlling this, it is
County of Hawaii versus Baptiste, who was the Mayor of Kauai County at the
time. There was a Charter amendment made back in early 2000's perhaps, that
related to real property taxes. And, you know, I'm not going to go into the
specifics of that. But the Supreme Court of the State of Hawaii upheld a lower
court decision that invalidated that Charter amendment. And the reason for it is, as
Mr. Inaba stated, there's a constitutional provision that vests within the counties, as
a term of art, the powers over real property tax and taxing.
First of all, I'm going to say, I don't agree with the Supreme Court decision. But
as all of us in the legal profession know, there's only one opinion that matters and
it is the Supreme Court's opinion. So even if I disagree and I have a different
opinion, it is what it is, right. I even disagreed with dissenting opinion. So I
disagreed with everybody basically on that day. Okay. But it was a very narrowly
constructed decision or opinion that said that the counties, the use of the word
counties, actually related to the county councils, because—and they looked at the
legislative history they looked at. There was a lengthy discussion on the
legislative history.
What they didn't address though, is what would happen in a situation where the
County Council initiated a Charter amendment, because this was a voter-initiated
amendment. Five percent you need on Kaua`i County to have it placed on the
ballot. I think it has to come to the County Council. So that's the conduit. It came
to the County Clerk's Office; it was certified over there and then it moved forward.
But I don't know if it took—what's silent in that opinion is whether any county
council action was taken. I don't know that and it's not clear from this opinion.
It really depends on how you look at this thing. You know, it could be that if
any you see the Charter is amended via a voter ratification. So if that is what
flaws this amendment then we have problems. Then it doesn't matter whether it
was initiated by the County Council or not. Because if the ultimate decision
making rests with the voters and if that is what the Supreme Court was looking as
being the flaw, then we cannot move forward with this. Very clear. So I don't
know, I just wanted to give a little background over there for the people who might
not know what Holeka, or others are referencing. It is a landmark case in the State
of Hawaii, County of Hawaii verses Baptiste.
You know, and that is one of the reasons why I wanted, you know, I was
supportive of a deferral the last time. And, you know, we did have the deferral and
then it got overturned. You know, I think I'll be voting in favor of this today, but I
will put everyone on notice that I'm still kind of weighing this matter. I just have
to think about it for a little while. But, you know, I believe for the purpose of
moving it forward—it still needs what, Mr. Clerk,three readings, right? Yeah.
That's where I stand. It's a pretty complicated issue. Very complicated. Thank
you.
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Hawaii County Council-38 May 4,2022
CHR. DAVID: Thank you for making it even more complicated and generating
more questions, which is healthy. Anyone else want to weigh in?
MS. LEE LOY: Yes, Chair.
CHR. DAVID: Go ahead, Ms. Lee Loy.
MS. LEE LOY: Thank you. You know, I feel like we're not being transparent
enough because we have a memo kind of guiding us. And this has actually
upended my thought process because I believe in the process, I believe the
electorate can weigh in. However, Mr. Chung has really articulated what the
Supreme Court is kind of guided us with. I would love to keep moving this
forward and let some more information emerge. I've actually taken a larger step
back and watching the Legislature commit close to a billion dollars in funding for
various housing opportunities, whether it's with the Department of Hawaiian
Homelands, with Section 8 vouchers, kauhale (village)projects.
I think we're going to be okay this next year coming forward or two, and then
braid that and stack that with the monies that we have with the Build Back Better.
I think we're going to be okay. I also think that, you know, a commitment to
housing is necessary. It is a very complex process to provide housing across the
spectrum, which is why I appreciated the information being provided in Bill 152 to
expand that into the working class. I am cautious now after seeing some of the
information that's been provided to us. And really think we're going to be okay. I
want to get this right with the money coming from the State and other areas we
have time to fold this in, in a smart and efficient way. So thank you, Chair. I
yield.
CHR. DAVID: Thank you, Ms. Lee Loy. Anyone else on Hilo side? No.
Ms. Kimball, go ahead.
MS. KIMBALL: Yeah. Thank you, Chair. I just really want to thank Council
Member Chung for doing the deep dive on our behalf on the legality of this. You
know, as a not-attorney person I do understand how complicated this is. So I just
wanted to mahalo him for doing that investigation. You know, we had a teaching
moment yesterday with Council Member Lee Loy's bill. And I think we're
learning something here.
I did also want to just respond to the comment about the large infusion of cash to
go towards affordable housing, whether it's from the State or the homeless funds
that we attribute or we moved towards addressing homelessness in Bill 111. But I
think one of the conversations the Council Member Inaba and I had about the
importance of really establishing the sustained funding at the same time as some of
these other programs were coming online, was because Office of Housing might
plan a little differently if they know after this initial infusion of cash there's also
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Hawaii County Council-38 May 4,2022
going to be sustained funding. So they can feel comfortable developing programs
that are going to have to have maintained funding over a longer period of time, you
know, 10 years, 15 years, 20 years.
So, you know, there is that inner section with this infusion that we have in the
short-term. But then also thinking, okay, they're going to plan a little differently,
they're going to develop programs a little differently if they can also be assured
that there's this financial backing for these programs over the long-term. Thank
you, Chair. I yield.
CHR. DAVID: Thank you, Ms. Kimball. Mr. Inaba, go ahead.
MR. INABA: Thank you. I just want to circle back to Council Member Chung's,
you know, bringing up that Supreme Court case in County of Kauai, et al verses
Baptiste, the issue was the Charter amendment. But the Charter amendment was
seeking to decrease and limit real property taxes for certain county residents.
That's not the case here. The rates are the same. We collect the taxes. This is a
back and after the taxes are collected, we'll appropriate again the one percent to
the affordable housing. So at no point are we giving authority for rates or perks for
certain individuals to the public to decide on. This is simply what we do with the
tax money once it is collected. And I want to point that area of distinction out
between the current Charter amendment bill before us, which we want the public
to be able to vote on, and what came up in County of Kauai verses Baptiste. So
with that there is a bit of a difference there. And I again ask for your support on
this measure. Chair, I yield.
CHR. DAVID: Thank you, Mr. Inaba. And I see Corporation Counsel coming up.
They want to weigh in or—go ahead. Go ahead.
(Note: At this time, Corporation Counsel Elizabeth Strance came forward
to address the members of the Council.)
MS. STRANCE: Good morning, Council. Elizabeth Stranceor I guess it's
afternoon—Corporation Counsel. I would request that any Council Member who
is getting independent legal advice on these matters either pass that advice on to
me so that I may evaluate it, or have that attorney contact me. Because there's a
bunch of discussion going on up here by people who are not lawyers. Corporation
Counsel has provided a detailed written assessment of this bill as well as provided
input and structured guidance regarding other bills regarding housing that the
Council is currently considering. And I've made a decision to send a confidential
communication to the Council to consider, that I'm reconsidering whether or not
there should be a communication before body that has the position of the Office of
Corporation Counsel, your lawyers, regarding an assessment of certain matters that
you are considering.
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Hawaii County Council-38 May 4,2022
There can be legal issues where the precise legal issue hasn't been addressed by a
court where you can see there's a puka. There are other legal considerations that I
didn't go into, to not provide a 20-page brief. I just gave you a 10-page document
or eight or ten-page document. But I am concerned that I'm hearing things at this
meeting that are legal conclusions that are either developed by non-lawyers or
have been provided to Council Members by lawyers and then it's not shared with
us, the Corporation Counsel and it's kind of a gotcha moment.
These issues are very important to the County across the boards. And my hope
would be that everybody would be on the same page to get it right rather than just
get something done. And so there are some conversations that I think need to be
held. And whether they're held at a Council meeting or whether they're provided
in some sort of legal input to this body, it's important that they're considered and
not just ignored, because it's important. And so I make that request.
I don't necessarily think that I always have the right answer. But I can tell you that
the advice that is given to this body is researched and considered. And if I've
approached it in a manner that should give me pause to look at it differently, please
provide it to me. But I would request that it be provided so that this body get the
best legal counsel that we are able to provide to you. Thank you.
CHR. DAVID: Thank you, Judge Strance. Mr. Chung and then I'll go to
Ms. Kimball.
MR. CHUNG: Judge Strance, I really do appreciate you bringing that up. You
know, if I could just ask Mr. Inaba a question if that's okay?
CHR. DAVID: Yes. Mr. Inaba.
MR. CHUNG: Because, you know, I don't think I couched any of my statements
as being conclusory. I said it's just my opinion, right. And of course I'm a lawyer
so I'm not listening to any other lawyers. But it did trouble that there were some,
you know, conclusory statements made by Mr. Inaba. And, you know, before I try
to even address them, I just want to know, did you read this entire opinion?
MR. INABA: Yes.
MR. CHUNG: Okay. Okay. So then should I go into a discussion on this or
should I just leave it alone.
CHR. DAVID: See that's my question, because right now we're looking at
references from a confidential communication, attorney-client communication, to
the Council Members. I'm not sure how much we can delve into that. That's a
question not for me. But I'm just wondering whether questions of legality that
you're talking about in your concerns, whether we should be doing this in
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executive session. I'm not sure. And I really would like to hear the discussion that
Mr. Chung is referring to. But I just want to know that we don't do anything that
will jeopardize the way we conduct ourselves at this point.
MR. CHUNG: It really isn't my intention of, you know, getting into an argument
over here.
CHR. DAVID: Right.
MR. CHUNG: But all I know is I'm just stating my opinion just based on my
reading of this.
CHR. DAVID: I see.
MR. CHUNG: But it troubles me whenever a person, especially a non-lawyer, is
making conclusions about things that are really open to interpretation. And that's
being projected to the public. I'll just leave it at that. But thank you.
CHR. DAVID: Okay. Thank you, Mr. Chung.
MR. INABA: Chair if I may?
CHR. DAVID: Yes. Go ahead, Mr. Inaba.
MR. INABA: Again, with this confidentiality in terms of this memo—and I hear
Council Member Chung. And I guess I can say, I mean, we have a memo before
us that has an analysis. And the things that I say are based simply on the exact
reading of one part of this memo. And I guess it's not a firm stance and that is the
truth, what I'm saying. It is also an opinion. We get a memo like this and I'm just
presenting a perspective by which this Council can make their decision. So not to
allow a memo specifically to completely dissuade our decision here. So it is an
opinion.
MR. CHUNG: Okay. Well then if I could ask?
CHR. DAVID: Yeah. Go ahead.
MR. CHUNG: Maybe I wasn't clear enough. The court opinion. Did you read
the court opinion?
MR. INABA: Not the entire court opinion.
MR. CHUNG: Okay. So you were talking about the opinion from Corporation
Counsel.
MR. INABA: Yes.
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Hawaii County Council-38 May 4,2022
MR. CHUNG: Okay. Because that's what I was referring to, you know, kind of
illuminous. You know, I spent a lot of time just looking at this thing last night
trying to wrap my head around it. So that's what I was asking, if you had read the
court opinion.
MR. INABA: Not the court opinion. I simply am reading what Corporation
Counsel provided us.
MR. CHUNG: Alright. Thank you.
CHR. DAVID: Thank you, Mr. Inaba and thank you, Mr. Chung. Ms. Kimball.
MS. KIMBALL: Thank you, Chair. And, you know, thank you everybody for the
discussion on this. First of all I just want to assert that I did not consult with any
alternative attorney on this. And so there's nothing to report in that regard. I think
with respect to the resolution we discussed yesterday and $250 tax credit, the
recommendation at that time around that memo was that it was a confidential
communication, not a privileged communication. We could agree unanimously to
share that publicly. I don't know if we want to agree to that here as well so that we
can have that in-depth discussion.
So let's wield the stack all the way to intentions, which is we're trying to address
the housing issue. Neither Council Member Inaba nor myself are trying to ramrod
something through, and we certainly appreciate the due diligence to make sure that
we are doing it legally. And yes, while neither of us are trained attorneys, either
through our profession or education, we're both actually fairly good researchers,
and we did compile some detailed responses around (Bills) 152 and 153, some of
which Council Member Inaba shared, which again are our own opinions.
So it is the nature of this body to take in information from all sides, whether it be
our Corp. Counsel, and you should reflect on the opinions that were provided by
Corp. Counsel as coming from somebody who is trained in the law and that serves
as our attorney. And Holeka and I have shared our opinions as folks that are not.
But I hope you appreciate that we do take our time, and this is not something we
want to rush or do improperly so that there are problems later on. It is just based
on our opinion alone that this is still, both Bills 152 and 153 are legitimate
mechanisms for accomplishing what we're trying to accomplish. Thank you,
Chair, I yield.
CHR. DAVID: Thank you, Ms. Kimball.
MR. INABA: Chair if I may real quick?
CHR. DAVID: Go ahead, Mr. Inaba.
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MR. INABA: I just want to state for the record as well in no way did I seek legal
opinion outside of that of the memo provided by Corporation Counsel. Actually
which wasn't I didn't seek that, it was provided. Again, it was an opinion based
on the memo that was provided that I'm responding to.
CHR. DAVID: Thank you very much for that clarification, Mr. Inaba. Anyone
else? Go ahead, Ms. Villegas.
MS. VILLEGAS: Something that I find so interesting, challenging, and really
sometimes ironic is as we talk about what's legal and not legal and what certain
opinions are, the law in itself is constantly up for discussion and for being
challenged. I mean, that's what happens in courts of law, correct? Like two
attorneys come and present their perspectives and a judge decides which story or
perspective issometimes it's truth, sometimes it's about justice, sometimes it's
about different topics. But I suppose for myself being a lay person in this, I
recognize the intention and the value systems in which this piece of legislation has
been brought forward, as well as the recognition that the system at hand has been
falling short. And so in my mind, this provides opportunities to create a broader
utilization of the funds that exist in this specific fund balance.
I also think because we're not voting here to actually pass this and make this
happen, we're voting whether or not to potentially present it to community
members and to let them vote on it. I see there being some opportunity should
somethingI mean, Judge Strance, I completely honor your job is to protect our
County from a lawsuit from being called on that. And in our job, it seems
sometimes is to push that envelope and find out what that entails and what
interpretation that would be. So I hold the utmost respect for you trying to do your
job in this capacity, and I have the utmost respect of my colleagues in their doing
research and their interpretations of the laws at hand.
So I myself would like to see risks come before our constituency as an option, and
perhaps I'm naive, but I don't seeI see the rewards outweighing the risk on this,
and that this legislation was brought forth based on a value system which
recognizes the capacities within the County Council to influence change and to
improve on our affordable housing opportunities within this County.
So just clear as mud once again, but my own personal perception of sometimes it's
when people say, "No, the law says," well the law is based on who made that
decision that day as, you know, Council Member Chung reflects, even in decisions
from the Supreme Court, you may have an esteemed man of the law disagree with
that. And that is the opportunity in a legal process, is to present diverging
opinions. And yeah, it's part of democracy, which is one of the interesting—so
grateful for it, but it can be challenging.
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So I just, I feel today for myself, I am comfortable supporting this piece of
legislation and moving it forward. But always, I do respect the opinions of those
that disagree. So with that, I yield.
CHR. DAVID: Thank you, Ms. Villegas. Anyone else? Seeing none, I'm going
to make a comment, then we'll proceed with the vote on this. Thank you, Judge
Strance, for your input on this. At this point, we're at first reading. I would really
like to, between now and the next reading, actually read the decision Mr. Chung is
referring to from Kauai County. Because those issues, you know, there are some
questions about Charter amendments, how they're brought forward where it's the
same as this, and I need to do that.
So for now, I will definitely vote in favor of this, but pending what I find, I can
make a better or more intelligent assessment at our next go around, because I think
the points that were raised by the decision from Kaua`i is very important to this,
just generally looking at it, I see that the counties have some powers, but then
there's details that I'm not familiar with, and I'd like to get clear with that before I
move on. So I will be supporting this at this juncture, and hopefully we can get
more discussion or clarification and maybe consider whether we might have to
entertain an executive session if it demands it. Oh, Mr. Chung, I'm sorry.
MR. CHUNG: I mean,just so that you guys can streamline your guys' who are
thinking on this one. We do read this opinion. It's going to come down to this,
three issues, I think. One, whether it makes a difference as to how this matter
came up the chain to become a Charter proposal. Okay, whether there's a
difference between it being voter-initiated matter, or whether it's a
Council-initiated issue. Second would be whether what's being proposed actually
falls within the context of real property taxation. It could be just outside of it, we
don't know, right? Second issue. Third one would be who is making the ultimate
decision? Is the voters or the Council, or are the voters and adjunct of the
Council? So that's how I look at it. Very simple. There are three issues, and if
they're all satisfactory to me at the end, I'll certainly support this. But that's where
I'm coming from, and I think that's what all of us should be looking at. Thank
you.
CHR. DAVID: Thank you, Mr. Chung. You do some of the research from now, in
the next two weeks. Thank you very much. I agree with you. Okay, I think we're
all done. Mr. Clerk, can you do a roll call please?
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Hawaii County Council-38 May 4,2022
Vote on Bill 153: The motion to pass Bill 153 on the first of three required
(Approved) readings and adopt Finance Committee Report No. 140 was
carried by the following roll call vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kimball, Lee Loy,
Villegas, and Chair David—7.
Noes: Council Member Richards — 1.
Absent: Council Member Kierkiewicz— 1.
Excused: None
Bill 154: AMENDS ORDINANCE NO. 21-38, AS AMENDED, THE OPERATING
BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR
ENDING JUNE 30, 2022
Increases revenues in the Federal Grants —Traffic Safety Training Project account
($3,000); and appropriates the same to the Traffic Safety Training Project account,
bringing the total appropriation to $153,000. Funds would be used to provide
specialized training for police and prosecutors to combat impaired driving.
Reference: Comm. 736
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
Approve: FC-141
Vote on Bill 154: Mr. Kaneali`i-Kleinfelder moved to pass Bill 154 on first
(Approved) reading and adopt Finance Committee Report No. 141.
Seconded by Mr. Inaba and carried by the following voice
vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kimball, Lee Loy,
Richard, Villegas, and Chair David—8.
Noes: None.
Absent: Council Member Kierkiewicz— 1.
Excused: None.
ORDER OF The Chair directed the Council to proceed to the next order of business, Order of
THE DAY: the Day.
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Hawaii County Council-38 May 4,2022
Bill 149: 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 —Community Development Block
Grant Mitigation account($4,462,000); and appropriates the same to the following
Community Development Block Grant Mitigation accounts: ArcGIS Project
($370,000), Water Supply Project($835,000), Fire Equipment($1,810,000),
Planning Code Revisions ($400,000), Public Works Flood Studies ($394,000),
Administration ($343,000), and Activity Delivery ($310,000). Funds would be
used to support projects related to the mitigation of natural disasters and other
hazards defined in the 2020 Multi-Hazard Mitigation Plan.
Reference: Comm. 701
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: April 20, 2022
Vote on Bill 149: Mr. Kaneali`i-Kleinfelder moved to pass Bill 149 on
(Adopted) second and final reading. Seconded by Ms. Lee Loy and
carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kimball, Lee Loy,
Richard, Villegas, and Chair David—8.
Noes: None.
Absent: Council Member Kierkiewicz— 1.
Excused: None.
Bill 151: 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 Parks and Recreation Council Discretionary Projects-District 6 project
($100,000)to the Capital Budget. Funds for this project shall be provided from the
General Obligation Bonds, Capital Projects Fund -Fund Balance and/or Other
Sources and would be used towards improvements, repairs, and modifications at
County park facilities throughout Council District 6.
Reference: Comm. 706
Intr. by: Ms. David
First Reading: April 20, 2022
Note: Requires 2/3 vote of the entire
membership to amend,pursuant to
Section 10-6(e), Hawai`i County Charter
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Hawaii County Council-38 May 4,2022
Vote on Bill 151: Mr. Inaba moved to pass Bill 151 on second and
(Adopted) final reading. Seconded by Ms. Villegas and
carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kimball, Lee Loy,
Richard, Villegas, and Chair David—8.
Noes: None.
Absent: Council Member Kierkiewicz— 1.
Excused: None.
Bill 155: 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 following accounts: Federal —Block Grant
($2,600,000) and Block Grant—Program Income ($100,000); and appropriates the
same to the following accounts: Mental Health K6kua-Kona Residential Housing
Renovations ($271,149) and Hilo Residential Complex Housing Renovations
($650,000); West Hawaii Emergency Shelter and Facility Energy Efficiency
Improvements ($650,000); Hamakua Youth and Community Center Improvements
Phase 1 ($588,851); and Administration, Planning and Fair Housing ($540,000).
Reference: Comm. 737
Intr. by: Mr. Kaneali`i-Kleinfelder(B/R)
First Reading: April 20, 2022
Vote on Bill 155: Mr. Kaneali`i-Kleinfelder moved to pass Bill 155 on
(Adopted) second and final reading. Seconded by Ms. Lee Loy and
carried by the following voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kimball, Lee Loy,
Richard, Villegas, and Chair David—8.
Noes: None.
Absent: Council Member Kierkiewicz— 1.
Excused: None.
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Hawai`i County Council-38 May 4,2022
ADJOURNMENT: There being no further business, at 12:43 p.m., Mr. Inaba moved to
adjourn the meeting. Seconded by Ms. Kimball and carried by the following
voice vote:
Ayes: Council Members Chung, Inaba,
Kaneali`i-Kleinfelder, Kimball, Lee Loy,
Richard, Villegas, and Chair David— 8.
Noes: None.
Absent: Council Member Kierkiewicz— 1.
Excused: None.
CHR. DAVID: Mahalo, Council Members, for this day. Very informative. We
are adjourned.
JUL 0 6 2022
Council Approval:
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COUNTY CLERK
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